Journal of the House of Representatives of the State of Georgia at the regular session commenced at Atlanta, Monday, January 10, 2005 and adjourned Thursday, March 31, 2005, volume I

Compiler's Note
The Journal of the House of Representatives regular session of 2005 is bound in two separate volumes. The large number of pages made it impractical to bind into one volume.
Volume I contains January 10, 2005 through March 12, 2005. Volume II contains March 14, 2005 through March 31, 2005 and the complete index.

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 10, 2005 and adjourned Thursday, March 31, 2005
VOLUME I
2005 Atlanta, Ga. Printed on Recycled Paper

OFFICERS
OF THE
HOUSE OF REPRESENTATIVES
2005-2006
GLENN RICHARDSON .................................................................................... Speaker 19th DISTRICT, PAULDING COUNTY
MARK BURKHALTER ...................................................................... Speaker Pro Tem 50th DISTRICT, FULTON COUNTY
ROBERT E. RIVERS, JR. ..................................................................................... Clerk HARALSON COUNTY
ROGER HINES...............................................................................................Messenger COBB COUNTY
BARBARA BUNN ....................................................................................... Doorkeeper ROCKDALE COUNTY
CLERK'S OFFICE STAFF
CHRISTEL RAASCH..............................................................................Assistant Clerk GWINNETT COUNTY
BARBARA B. SMITH ................................... Assistant Clerk for Information Systems DOUGLAS COUNTY
SCOTTY LONG ........................................................................................ Journal Clerk HARALSON COUNTY
MARY ANNA MEEKS.. Calendar Clerk and Assistant Clerk for Information Systems FULTON COUNTY
CALVIN ROBINSON .........................................................Assistant Clerk for Printing DEKALB COUNTY
JESSICA COKER .......................................................................Assistant Journal Clerk WALTON COUNTY
JULIA W. NEWMAN................................ Assistant Clerk for Administrative Services DEKALB COUNTY
ANN CLARK.....................................................................Assistant Clerk for Enrolling FULTON COUNTY
MICHAEL BOZEMAN ..............................................................Assistant Journal Clerk DEKALB COUNTY

MONDAY, JANUARY 10, 2005

1

HOUSE JOURNAL

Representative Hall, Atlanta, Georgia Monday, January 10, 2005

The Representatives-elect of the General Assembly of Georgia for the years 20052006 met pursuant to law in the Hall of the House of Representatives at 10:00 o'clock, A.M., this day and were called to order by Robert E. Rivers, Jr., Clerk of the House of Representatives.

Prayer was offered by the Reverend Dr. Russ Elkins, Pastor, Eastman & Friendship United Methodist Church, Eastman, Georgia.

The members pledged allegiance to the flag.

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

Abdul-Salaam Amerson Anderson Ashe Barnard Barnes Bearden Beasley-Teague Benfield Benton Black Bordeaux Borders Bridges Brooks Brown Bruce Bryant Buckner, D Buckner, G Burkhalter Burmeister Burns Butler Byrd Carter Casas Chambers Channell Cheokas Coan Cole Coleman, B

Crawford E Cummings
Davis Day Dean Dickson Dodson Dollar Drenner Dukes Ehrhart England Epps Fleming Floyd, H Floyd, J Fludd Forster Franklin Freeman Gardner Geisinger Golick Graves, D Graves, T Greene Hanner Harbin Hatfield Heard, J Heard, K Heckstall Hembree

Holmes Holt Horne Houston Howard Hudson Hugley Jackson Jacobs James Jamieson Jenkins Jennings Johnson Jones, J Jones, S Jordan Keen Keown Kidd Knight Knox Lakly Lane, B Lane, R Lewis Lindsey Lord Loudermilk Lucas Lunsford Maddox Mangham

Maxwell May McCall McClinton Meadows Millar Miller Mills Mitchell Morgan Morris Mosby Mosley Mumford Murphy, J Murphy, Q Neal Oliver O'Neal Orrock Parham Parrish Parsons Porter Powell Ralston Randall Ray Reece, B Reece, S Reese Rice Richardson

Rynders Sailor Scheid Scott, A Scott, M Setzler Shaw Sheldon Sims, C Sims, F Sinkfield Smith, B Smith, L Smith, P Smith, R Smith, T Smith, V Smyre Stanley-Turner Stephens Stephenson Talton Teilhet Thomas, A.M Thomas, B Tumlin Walker Warren Watson Wilkinson E Willard Williams, A Williams, E

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Coleman, T Cooper Cox

Henson Hill, C Hill, C.A

Manning Marin Martin

Roberts Rogers Royal

Williams, R Wix Yates

The following communications were received:

House of Representatives Legislative Office Building, Room 612
Atlanta, Georgia 30334

May 13, 2004

The Honorable Sonny Perdue Governor of Georgia State Capitol Atlanta, GA 30334

Dear Governor Perdue:

Please accept this letter as notice of my resignation as State Representative for District 24 for the State of Georgia effective at 11:30 a.m., May 14, 2004.

It has been my honor and pleasure to serve as representative of this district for the past eight years. Thank you for your kind consideration in this matter.

Sincerely,

/s/ Warren Massey

WM/pmn

cc: Speaker Terry Coleman

State of Georgia Office of the Governor
Atlanta 30334-0900

May 17, 2004

The Honorable Terry Coleman Speaker of the House of Representatives 332 State Capitol Atlanta, Georgia 30334

MONDAY, JANUARY 10, 2005

3

Dear Speaker Coleman:

I have vetoed House Bills 183, 198, 267, 502, 923, 1162, 1394, 1451, 1512, 1652, 669, 739, 960, 1754, and 1831, which were passed by the General Assembly of Georgia in the 2004 Regular Session.

Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit these bills to you together with the reasons for such vetoes. These bills and corresponding reasons for the vetoes are attached.

Sincerely,

/s/ Sonny Perdue Governor

SP: rsh

cc: The Honorable Mark Taylor, Lieutenant Governor The Honorable Cathy Cox, Secretary of State of Georgia The Honorable Thurbert E. Baker, Attorney General Mr. Robert E. Rivers, Jr., Clerk, House of Representatives Mr. Frank Eldridge, Secretary of the Senate Mr. Sewell R. Brumby, Legislative Counsel

State of Georgia Office of the Governor
Atlanta 30334-0900

May 17, 2004

The Honorable Mark Taylor President of the Senate 240 State Capitol Atlanta, Georgia 30334

The Honorable Eric Johnson President Pro Tempore 321 State Capitol Atlanta, Georgia 30334

Dear Lieutenant Governor Taylor and Sen. Johnson:

I have vetoed Senate Bills 423, 431, 449, and 604, which passed the General Assembly in the 2004 Regular Session.

Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit these bills to you together with the reasons for such vetoes. These bills and corresponding reasons for the vetoes are attached.

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Sincerely, /s/ Sonny Perdue
Governor
SP: rsh
cc: The Honorable Terry Coleman, Speaker of the House of Representatives The Honorable Cathy Cox, Secretary of State of Georgia The Honorable Thurbert E. Baker, Attorney General Mr. Robert E. Rivers, Jr., Clerk, House of Representatives Mr. Frank Eldridge, Secretary of the Senate Mr. Sewell R. Brumby, Legislative Counsel
VETO NUMBER 1
House Bill 183 House Bill 183 addresses the issue of who can and who cannot "tattoo the body of any person... within one inch of... the eye socket of such person." It further would increase the penalty for a second violation of the prohibition against such tattooing to a high and aggravated misdemeanor, meaning the potential fine for such tattooing is $5,000. Because that high a criminal fine is out of proportion with the offense, I VETO House Bill 183.
VETO NUMBER 2
House Bill 198 Among other things, House Bill 198 requires "[e]ach local board of education [to] adopt a policy providing for a code of ethics to govern members of the local board of education." For the second year in a row, and despite the hard work of many reform-minded members of both the House and Senate, the General Assembly failed to pass any ethics reform whatsoever applicable to the General Assembly itself. I remain firmly committed to reforming the ethics laws governing state elected officials, which, as I have so often pointed out, are among the weakest of any state in the nation. The General Assembly, having failed to pass ethics reform applicable to itself, has not earned the right to pass down a mandate for ethics reform applicable to local school boards; I therefore VETO House Bill 198.
VETO NUMBER 3
House Bill 267 House Bill 267 lowers the maximum employee contribution rate for the Teachers Retirement System from six percent to five percent, and the minimum from five percent to three percent. Although I would not object to providing flexibility to lower the contribution rate below five percent, setting the maximum at five percent places an undue burden on the system's Board of Trustees and limits the system's ability to respond appropriately to adverse market conditions. We must protect the solvency of the

MONDAY, JANUARY 10, 2005

5

retirement system for teachers. Those who served our students and our state for decades of their lives should not have their retirement put at risk. I therefore VETO House Bill 267.
VETO NUMBER 4
House Bill 502 House Bill 502 would provide for future cost of living adjustments to the state grant appropriated for the compensation of juvenile court judges. Prior to 2000, Georgia counties were almost entirely responsible for funding the juvenile court system, including paying the salaries of juvenile court judges. During the 2000 Session of the Georgia General Assembly, the Legislature significantly raised the State's financial commitment to juvenile justice by passing a law that required a mandatory "grant" to counties to fund a juvenile court judge in each circuit at $85,000 per year. The State's intent with the enactment of that bill was to provide a maximum "grant" to local governments, not to assume full responsibility for funding salaries of juvenile court judges. Legislators and judges believed that counties would continue to support juvenile courts and supplement juvenile court judges' salaries.
The COLAs anticipated in House Bill 502 would be the first step toward a deviation from the maximum grant funding level the General Assembly approved in 2000. Juvenile Court judges play a vital role in our judicial system. As state policy changes increase judges' caseloads in the future, or if the General Assembly in a future session makes clear that it wishes to reverse the policy decision it made in 2000, I will revisit this issue. I VETO House Bill 502.
VETO NUMBER 5
House Bill 923 House Bill 923 addresses a number of unrelated issues relating to the state's retirement systems. As a threshold matter, retirement bills deal with unique issues, and as such, should be considered individually as stand-alone bills as opposed to bills like House Bill 923 that logroll several disparate provisions together. I am particularly concerned about this bill adding yet another group of executive branch employees-this time administrative law judges-to the Judicial Retirement System, which was originally intended for elected judicial officials. I therefore VETO House Bill 923.
VETO NUMBER 6
House Bill 1162 House Bill 1162 would enact the Ignition Interlock Device Providers Act, regulating the providers of such devices. No case has been made that such devices or their providers are in need of additional state regulation beyond that the judicial system already provides. The bill also contains an unrelated provision establishing and regulating rotation lists for auto towing services for government use. Absent a strong case

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demonstrating a need for additional state regulatory authority, I am not inclined to erect additional and complex state regulatory mechanisms. I therefore VETO House Bill 1162.
VETO NUMBER 7
House Bill 1394 Among other things, House Bill 1394 eliminates an exception currently in the law that exempts elementary school and high school athletic trainers from licensing requirements. The Georgia School Boards Association and the Georgia School Superintendents Association have expressed concerns that this bill would place an undue burden on school systems, particularly smaller, less wealthy, and rural systems, to pay for extensive training and licensure of everyone involved in school athletics whose functions arguably might require licensure if this exception is removed. Because we should not impose such burdensome regulation on local systems without a compelling case that such regulation is vitally needed, I VETO House Bill 1394.
VETO NUMBER 8
House Bill 1451 House Bill 1451 seeks to promote a laudable goal: that engaged couples seek professional premarital counseling prior to marriage. The bill increases the fee for a marriage license from $10 to $50 if the applicant couple has not completed a "qualifying marriage preparation program." Although I am wholly in support of the idea of premarital counseling, the bill seeking to codify this idea into law suffers from the following ambiguities and technical flaws. First, by specifying that for a member of the clergy to perform the qualified counseling, such clergy member must be "active." Retired members of the clergy should not be excluded from providing the required counseling, particularly given the many years of experience many such retired clergy members have. Second, the bill speaks to required "counseling," but requires that the "counseling shall include at least four hours of instruction." Because the term "counseling" is undefined, it is not clear whether the required "counseling" is cumulative of the required "four hours of instruction," or whether additional "counseling," falling outside the definition of "instruction," is also prescribed. Being unwilling to introduce uncertainty and vagueness into so fundamental a social institution as marriage, I VETO House Bill 1451.
VETO NUMBER 9
House Bill 1512 House Bill 1512 would grant the Georgia Board of Chiropractic Examiners the authority to expunge records of certain disciplinary infractions by licensed chiropractors. The entire purpose of public disciplinary records of licensed professionals is to inform the public of infractions so that persons seeking to engage the services of professionals are apprised of any violations committed by professionals. Furthermore, it is not clear from this bill precisely what sort of infractions the Board could expunge. I therefore VETO House Bill 497.

MONDAY, JANUARY 10, 2005

7

VETO NUMBER 10
House Bill 1652 House Bill 1652 would create a "Regional Commission on Homelessness." The functions and purposes of this Commission are duplicative of those of the Commission I have already created by Executive Order No. 02.11.04.01, the "Georgia Interagency Homeless Coordination Council." I therefore VETO House Bill 1652.
VETO NUMBER 11
House Bill 669 House Bill 669 is local legislation applicable to Clay County. The sponsor of this bill has requested that it be vetoed. I therefore VETO House Bill 669.
VETO NUMBER 12
House Bill 739 House Bill 739 would change the Probate Courts Retirement Fund system in two ways: first, to allow a member to name a beneficiary other than a spouse; and second, to allow a surviving spouse to name a beneficiary other than himself or herself. The only other state retirement system allowing the first option is the Judicial Retirement System, and the members of that system contribute an extra 2.5 percent for spousal or other designee benefits, whereas House Bill 739 does not provide for any additional contribution by its members. It appears that no other system allows the second option. Further review is needed before granting these enhanced benefits to a single system. I therefore VETO House Bill 739.
VETO NUMBER 13
House Bill 960 House Bill 960 is local legislation applicable to the City of Perry. The sponsor of this bill has requested that it be vetoed. I therefore VETO House Bill 960.
VETO NUMBER 14
House Bill 1754 House Bill 1754 is local legislation applicable to the City of Griffin. The sponsor of this bill has requested that it be vetoed. I therefore VETO House Bill 1754.
VETO NUMBER 15
House Bill 1831 House Bill 1831 is local legislation applicable to the City of Alpharetta. The sponsor of this bill has requested that it be vetoed. I therefore VETO House Bill 1831.
VETO NUMBER 16

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Senate Bill 423 Senate Bill 423 constricts the appointment authority of the Governor relating to the Stone Mountain Memorial Association in two ways: first, it requires the appointment of a botanist; second, it replaces the current requirement that one member "be a resident of the metropolitan Atlanta area" with a requirement that one member "be a resident of the Stone Mountain area [undefined]." If persons interested in the work of the Association desire the appointment to the Association of a botanist or someone living closer to Stone Mountain, I would encourage them to submit any such names for consideration to the Office of the Governor. Because the appointment power of the Governor should not be constricted in statute, however, I VETO Senate Bill 423.
VETO NUMBER 17
Senate Bill 431 Among other things, Senate Bill 431 requires the Commissioner of Community Health to make various reports concerning the State Health Benefit Plan. Because this information is readily available to members of the General Assembly upon request, I VETO Senate Bill 431.
VETO NUMBER 18
Senate Bill 449 Among other things, Senate Bill 449 enacts the "Soil Scientists Licensing Act of 2004." No case has been made that unlicensed soil scientists have posed a danger to the public. The Environmental Protection Division of the Department of Natural Resources and the Department of Human Resources already regulate the soil quality issues relevant to the permitting of septic tank and wastewater and sewer systems. Absent a compelling case, I am unwilling to erect complex new regulatory schemes that create additional burdens. I therefore VETO Senate Bill 449.
VETO NUMBER 19
Senate Bill 604 Senate Bill 604 would create a presumption that every public safety worker who is disabled by contracting hepatitis, HIV, meningococcal meningitis, or tuberculosis has suffered such disability "in the line of duty," thereby entitling any such worker to disability benefits. If such a worker contracts one of the listed illnesses, it would be at best invasive and difficult, and at worst impossible, to rebut and disprove this presumption. The practical effect of this bill would be to extend disability benefits intended for injuries in the line of duty to every public safety worker who contracts one of the listed illnesses. I therefore VETO Senate Bill 604.
State of Georgia Office of the Governor
Atlanta 30334-0900
May 17, 2004

MONDAY, JANUARY 10, 2005

9

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 Chairmen:
Please be advised that I have line item vetoed the following Sections in House Bill 1181:
Section 41, pertaining to the Department of Administrative Services, page 38, lines 1625 through 1627;
Section 42, provisions relative to Department of Community Affairs, page 38, line 1653;
Section 49, pertaining to the Department of Natural Resources, page 40, lines 1734 through 1742;
Section 53, pertaining to the Department of Transportation, page 41 and 42, lines 1780 through 1784;
Section 53, pertaining to the Department of Transportation, page 42, lines 1789 through 1791;
Section 62, pertaining to Federal Funds, page 44, lines 1891 through 1895;
Section 63, pertaining to the General Obligation Debt Sinking Fund, page 51-52, lines 2189 through 2195;
Section 63, pertaining to the General Obligation Debt Sinking Fund, page 52, lines 2201 through 2205;
Section 63, pertaining to the General Obligation Debt Sinking Fund, page 52, lines 2220 through 2226;
The Veto Messages are attached for each item referenced above.

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Sincerely,
/s/ Sonny Perdue
SP/tcr
Attachment
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
VETOES HB 1181
Section 41, pertaining to the Department of Administrative Services, page 38, lines 1625 through 1627
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 1625 to 1627, page 38) in the Provisions Relative to Section 4, Department of Administrative Services is vetoed and has been vetoed previously.
Section 42, provisions relative to the Department of Community Affairs, page 38, line 1653
This line item reads, "City of Augusta , Funding for the Augusta Mini-Theater after school program" and is funded at $50,000. Given our current budget environment, this funding should be obtained from private and local sources. Therefore this line item (line 1653, page 38) in the provisions relative to Section 7, Department of Community Affairs, is vetoed.
Section 49, pertaining to the Department of Natural Resources, page 40, lines 1734 through 1742

MONDAY, JANUARY 10, 2005

11

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 1734 to 1742, page 40) in the Provisions Relative to Section 24, Department of Natural Resources is vetoed.
Section 53, pertaining to the Department of Transportation, page 41, lines 1780 through 1784
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 1780 to 1784, page 41) 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 42, lines 1789 through 1791
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 1789 to 1791, page 42) in the Provisions Relative to Section 36, Department of Transportation is vetoed and has been vetoed previously.
Section 62, pertaining to Federal Funds, page 44, lines 1891 through 1895
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,

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this language (lines 1891 to 1895, page 47) in Section 62 is vetoed and has been vetoed previously.
Section 63, pertaining to the General Obligation Debt Sinking Fund, page 51- 52, lines 2189 through line 2195
This language authorizes the appropriation of $41,760 to finance projects and facilities of the Board of Regents of the University System of Georgia, specifically to plan and design renovations for an administrative/classroom building and a dormitory for post-secondary education and public safety use, through the issuance of $480,000 in principal amount of General Obligation Debt for 20 years. This project should not be considered for funding until a decision has been made as to the primary use of the facility. Therefore, this language (line 2189 through line 2195) in the Provisions relative to Section 39, General Obligation Debt Sinking Fund is vetoed.
Section 63, pertaining to the General Obligation Debt Sinking Fund, page 52, lines 2201 through line 2205
This language authorizes the appropriation of $43,500 to finance projects and facilities of 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 $500,000 in principal amount of General Obligation Debt for 20 years. This project does not appear on any priority list of the Board of Regents of the University System of Georgia. Therefore, this language (line 2201 through line 2205) in the Provisions relative to Section 39, General Obligation Debt Sinking Fund is vetoed.
Section 63, pertaining to the General Obligation Debt Sinking Fund, page 52, lines 2220 through 2226
This language authorizes the appropriation of $97,875 to finance projects and facilities of the Board of Regents of the University System of Georgia, specifically a student center at Georgia Perimeter College , through the issuance of $1,125,000 in principal amount of General Obligation Debt for 20 years. The Georgia Perimeter College project is included in the amount appropriated ($97,155,000) in lines 1913 to 1919 on page 45. Lines 2220 to 2226 funds the Georgia Perimeter College project a second time at an excess cost of $1,125,000. Therefore, this language (lines 2220 to 2226, page 52) in the Provisions Relative to Section 39, State of Georgia General Obligation Debt Sinking Fund is vetoed.
House of Representatives Atlanta
May 18, 2004

MONDAY, JANUARY 10, 2005

13

Mrs. Robyn Underwood 434 State Capitol Atlanta, Georgia 30334
Dear Robyn:
Effective this date, I am appointing Representative Jeanette Jamieson as Chair of the State Planning & Community Affairs committee and removing her from the Education committee.
Sincerely,
/s/ Terry Coleman Speaker
TLC/gm
cc: Representative Jeanette Jamieson 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 Legislative Office Building, Room 401
Atlanta, Georgia 30334
June 29, 2004
The Honorable Sonny Perdue Governor State of Georgia 203 State Capitol Atlanta, Georgia 30334
Dear Governor:
I do hereby resign my position as Representative of the 39th House District, effective May 14, 2004.
Thank you for your assistance. I am, with kind regards,
Sincerely,

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/s/ Tom Campbell
TC/lbc
House of Representatives Atlanta
September 9, 2004
Mrs. Robyn Underwood 434 State Capitol Atlanta, Georgia 30334
Dear Robyn:
Effective this date, I am appointing Representative Hinson Mosley as the Chairman of the Game, Fish and Parks Committee and removing him from the Human Relations & Aging Committee.
Sincerely,
/s/ Terry Terry Coleman Speaker
TLC/gm
cc: Representative Hinson Mosely Representative Henry Howard Mr. Robbie Rivers, Clerk of the House Mr. Sewell Brumby, Legislative Counsel Mr. Matt Caseman, House Information Mr. Dan Williams, House Research
House of Representatives Legislative Office Building, Room 409
Atlanta, Georgia 30334
November 9, 2004
Mr. Robbie Rivers Clerk House of Representatives

MONDAY, JANUARY 10, 2005

15

State Capitol Atlanta, GA 30334

Dear Mr. Rivers:

The House Republican Caucus met on Monday, November 8, 2004, in the House Chamber to elect the Majority Caucus leadership for the 2005-2006 session of the General Assembly as well as the nominee-elect for Speaker of the House and Speaker Pro Tem.

Below are the results of that election.

Speaker Speaker Pro Tem Majority Leader Majority Whip Majority Chairman Majority Vice-Chairman Majority Secretary

Glenn Richardson Mark Burkhalter Jerry Keen Barry Fleming Sharon Cooper Jay Roberts Sue Burmeister

Sincerely,

/s/ Sharon Cooper Caucus Chairman

SC/sc

The following communication from the Honorable Cathy Cox, Secretary of State, certifying the Representatives-elect for the years 2005-2006, was received and read:

State of Georgia Office of Secretary of State

I, Cathy Cox, Secretary of State of the State of Georgia, do hereby certify that the attached eight (8) pages of typewritten matter constitute a true and correct list of State Representatives in the General Assembly of Georgia in the 2004 General Election held on November 2, 2004; all as same appear of file and record in this office.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 31st day of December, in the year of our Lord Two Thousand and Four

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(SEAL)
James (Jay) Wilson Neal, JR. Martin J. Scott Ronald Lee Forster William Roger Williams John D. Meadows, III Thomas S. Dickson David Ralston Charles Francis Jenkins Hinton "Amos" Amerson Ben D. Bridges, Sr. Barbara Massey Reece John Thomas Graves, Jr. Paul E. Smith Barry Dean Loudermilk Jeff Lewis William Francis (Bill) Cummings Howard Richard Maxwell John Mark Butler James Glenn Richardson Charlice H. Byrd J. Calvin Hill Charles F. Sheid, III Jack Steaven Murphy Thomas Patrick Knox James Willard Mills, Jr. Carlton Wellborn Rogers, Sr. Stacey Gerald Reece Mary Jeanette Jamieson Alan T. Powell Thomas Allen McCall Thomas Housch Benton Judith Gail Manning Don Edwin Wix Richard Marshall Golick Leonard Edwin Setzler Earl Ehrhart

and of the Independence of the United States of America the Two Hundred and Twenty-Ninth.
/s/ Cathy Cox Secretary of State
State Representative, District 1 State Representative, District 2 State Representative, District 3 State Representative, District 4 State Representative, District 5 State Representative, District 6 State Representative, District 7 State Representative, District 8 State Representative, District 9 State Representative, District 10 State Representative, District 11 State Representative, District 12 State Representative, District 13 State Representative, District 14 State Representative, District 15 State Representative, District 16 State Representative, District 17 State Representative, District 18 State Representative, District 19 State Representative, District 20 State Representative, District 21 State Representative, District 22 State Representative, District 23 State Representative, District 24 State Representative, District 25 State Representative, District 26 State Representative, District 27 State Representative, District 28 State Representative, District 29 State Representative, District 30 State Representative, District 31 State Representative, District 32 State Representative, District 33 State Representative, District 34 State Representative, District 35 State Representative, District 36

MONDAY, JANUARY 10, 2005

17

Terry Johnson R. Steve Tumlin, Jr. Alisha Thomas Morgan Robert Brandon Teilhet Sharon Cooper Don L. Parsons Robert L. Franklin, Jr. Sheila Jones Matthew Kelly Dollar Jan Slaughter Jones Charles E. Martin, Jr. Harry C. Geisinger Wendell K. Willard Joseph Mark Burkhalter Thomas Robert Rice Joseph B. Wilkinson, Jr. Lanett L. Stanley-Turner Edward H. Lindsey Mable "Able" Thomas Kathy B. Ashe Patricia Park Gardner Nan Grogan Orrock Douglas Cox Dean Georganna T. Sinkfield Bob Holmes Joe Heckstall Tyrone Brooks Roger B. Bruce Sharon Beasley Teague Virgil Lee Fludd William A. Hembree Timothy James Bearden Jeffrey Warner Brown Lynn Ratigan Smith William S. Horne Daniel Joseph Lakly John Yates Roberta Abdul-Salaam Ronald Martin Dodson Gail M. Buckner Darryl Wiggins Jordan Michael E. Barnes Francis R. Millar

State Representative, District 37 State Representative, District 38 State Representative, District 39 State Representative, District 40 State Representative, District 41 State Representative, District 42 State Representative, District 43 State Representative, District 44 State Representative, District 45 State Representative, District 46 State Representative, District 47 State Representative, District 48 State Representative, District 49 State Representative, District 50 State Representative, District 51 State Representative, District 52 State Representative, District 53 State Representative, District 54 State Representative, District 55 State Representative, District 56 State Representative, District 57 State Representative, District 58 State Representative, District 59 State Representative, District 60 State Representative, District 61 State Representative, District 62 State Representative, District 63 State Representative, District 64 State Representative, District 65 State Representative, District 66 State Representative, District 67 State Representative, District 68 State Representative, District 69 State Representative, District 70 State Representative, District 71 State Representative, District 72 State Representative, District 73 State Representative, District 74 State Representative, District 75 State Representative, District 76 State Representative, District 77 State Representative, District 78 State Representative, District 79

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Michael Jacobs Jill E. Chambers Edward Paul Jennings, Jr. Mary Margaret Oliver JoAnn McClinton Stephanie Stuckey Benfield Karla L. Drenner Michele Henson Billy Mitchell Earnest "Coach" Williams Howard Mosby Stanley K. Watson Pamela S. Stephenson Ron Sailor, Jr. Randal Mangham Robert F. Mumford Pedro R. Marin Brooks P. Coleman, Jr. Bobby Clifford Reese Hugh Floyd Brian Thomas Michael Todd Coan John Clayton Cox David Samuel Casas John Wilson Heard Donna H. Sheldon Phyllis Miller Roland Lenwood Walker Terry Lamar England Steven Scott Davis John R. Lunsford Jeffery Scott May Douglas James Holt Robert H. (Bob) Smith, Sr. Keith G. Heard Jane V. Kidd Robert Melvin (Mickey) Channell Barry Abbott Fleming Ben Lewis Harbin Susan J. Burmeister William Quincy Murphy Henry L. Howard Peter R. Warren

State Representative, District 80 State Representative, District 81 State Representative, District 82 State Representative, District 83 State Representative, District 84 State Representative, District 85 State Representative, District 86 State Representative, District 87 State Representative, District 88 State Representative, District 89 State Representative, District 90 State Representative, District 91 State Representative, District 92 State Representative, District 93 State Representative, District 94 State Representative, District 95 State Representative, District 96 State Representative, District 97 State Representative, District 98 State Representative, District 99 State Representative, District 100 State Representative, District 101 State Representative, District 102 State Representative, District 103 State Representative, District 104 State Representative, District 105 State Representative, District 106 State Representative, District 107 State Representative, District 108 State Representative, District 109 State Representative, District 110 State Representative, District 111 State Representative, District 112 State Representative, District 113 State Representative, District 114 State Representative, District 115 State Representative, District 116 State Representative, District 117 State Representative, District 118 State Representative, District 119 State Representative, District 120 State Representative, District 121 State Representative, District 122

MONDAY, JANUARY 10, 2005

19

Alberta J. Anderson Helen G. "Sistie" Hudson James M. "Jim" Cole David Wayne Knight Robert Mallory (Mack) Crawford Carl Von Epps Vance Smith, Jr. Debbie Gignilliat Buckner Richard H. Smith Calvin Smyre Carolyn F. Hugley Michael Arthur Cheokas Lynmore James Robert Franklin Ray David B. Graves Nikki T. Randall David E. Lucas Allen Gregory Freeman Bobby Eugene Parham Jimmy Lord Dubose Porter Terry L. Coleman Willie Talton Lawrence E. O'Neal, Jr. Johnny W. Floyd Robert P. Hanner Gerald E. Greene Winfred Dukes Freddie K. Powell Sims Eugene Edward Rynders, Jr. James Austin Scott James (Jay) Hugh Roberts Gregory Adam Morris Larry J. "Butch" Parrish Jon Guerry Burns Robert Emory Lane Earl Leroy "Buddy" Carter Robert B. Bryant, Sr. Lester George Jackson, III Thomas C. Bordeaux, Jr. Cecil Burke Day, Jr. James Ronald Stephens (Al) Cyril Algernon Williams

State Representative, District 123 State Representative, District 124 State Representative, District 125 State Representative, District 126 State Representative, District 127 State Representative, District 128 State Representative, District 129 State Representative, District 130 State Representative, District 131 State Representative, District 132 State Representative, District 133 State Representative, District 134 State Representative, District 135 State Representative, District 136 State Representative, District 137 State Representative, District 138 State Representative, District 139 State Representative, District 140 State Representative, District 141 State Representative, District 142 State Representative, District 143 State Representative, District 144 State Representative, District 145 State Representative, District 146 State Representative, District 147 State Representative, District 148 State Representative, District 149 State Representative, District 150 State Representative, District 151 State Representative, District 152 State Representative, District 153 State Representative, District 154 State Representative, District 155 State Representative, District 156 State Representative, District 157 State Representative, District 158 State Representative, District 159 State Representative, District 160 State Representative, District 161 State Representative, District 162 State Representative, District 163 State Representative, District 164 State Representative, District 165

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Terry E. Barnard Roger B. Lane Tommy Ray Smith Charles (Chuck) Neil Sims, Jr. Lillian Penelope (Penny) Houston A. Richard Royal Eugene Talmadge Maddox Michael Huel Keown, Sr. Calvin Ellis Black Ronald Michael Borders James (Jay) S. Shaw John Mark Hatfield George Hinson Mosley Jerry L. Keen Cecily A. Hill

State Representative, District 166 State Representative, District 167 State Representative, District 168 State Representative, District 169 State Representative, District 170 State Representative, District 171 State Representative, District 172 State Representative, District 173 State Representative, District 174 State Representative, District 175 State Representative, District 176 State Representative, District 177 State Representative, District 178 State Representative, District 179 State Representative, District 180

The following communication was received:

House of Representatives State Capitol, Room 402 Atlanta, Georgia 30334

January 7, 2005

Mr. Robert E. Rivers Clerk of the House Room 309, State Capitol Atlanta, Georgia 30334

Dear Mr. Rivers:

I regret that I will be unable to be present on Monday, January 10, the beginning day of the 2005 Legislative Session, due to a need to be with my wife at Emory University for a conference. I will be present on Tuesday.

Best wishes in beginning your term as Speaker.

With all good regards,

/s/ Bill Bill Cummings District 16

MONDAY, JANUARY 10, 2005

21

Cc: Honorable Glenn Richardson, Speaker-Elect
BC/km
The following oath of office was administered to the Representatives-elect by the Honorable Kenneth O. Nix, Judge, Superior Court, Cobb Judicial Circuit.
"I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States and, on all questions and measures which may come before me, I will so conduct myself, as will, in my judgement, be most conducive to the interests and prosperity of this state.
I further swear or affirm that I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof, that I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state, that I have been a resident of my district for the time required by the Constitution and the laws of this state, and that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia.
SO HELP ME GOD.
LOYALTY OATH
I am a citizen of the State of Georgia and a member of the General Assembly and the recipient of public funds for services rendered as such officer and I do hereby solemnly swear and affirm that I will support the Constitution of the United States and the Constitution of Georgia.
SO HELP ME GOD."
The next order of business being the election of the Speaker of the House for the 2005-2006 term, Representative Cooper of the 41st placed in nomination the name of the Honorable Glenn Richardson of the 19th, which nomination was seconded by Representative Maddox of the 172nd.
Representative Oliver of the 83rd placed in nomination the name of the Honorable DuBose Porter of the 143rd, which nomination was seconded by Representative Fludd of the 66th.
The nominations were closed.
The election of the Speaker was ordered on the roll call machine. Those voting for

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Representative Richardson voted "aye". Those voting for Representative Porter voted "nay".

The vote was as follows:

N Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard Y Barnes Y Bearden N Beasley-Teague N Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges N Brooks Y Brown N Bruce N Bryant N Buckner, D E Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell N Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T Y Cooper Y Cox

Y Crawford E Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A

N Holmes Y Holt Y Horne Y Houston N Howard N Hudson N Hugley N Jackson N Jacobs N James N Jamieson N Jenkins Y Jennings N Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown N Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin Y Martin

Y Maxwell Y May Y McCall N McClinton Y Meadows Y Millar Y Miller Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons N Porter Y Powell Y Ralston N Randall Y Ray N Reece, B Y Reece, S Y Reese Y Rice Y Richardson Y Roberts Y Rogers Y Royal

Y Rynders N Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker N Warren N Watson Y Wilkinson E Willard N Williams, A N Williams, E Y Williams, R Y Wix Y Yates

On the election of the Speaker, The Honorable Glenn Richardson received 117 votes and the Honorable DuBose Porter received 60 votes.

The Honorable Glenn Richardson of the 19th, having received the majority of the votes cast, is hereby declared elected Speaker of the House for the ensuing term.

The Chair appointed as a Committee to escort the Speaker to the Speaker's stand the following members:

MONDAY, JANUARY 10, 2005

23

Representatives Cooper of the 41st, Ehrhart of the 36th, Hill of the 180th, Maddox of the 172nd, Maxwell of the 17th, Mills of the 25th, Reece of the 27th, and Sheldon of the 105th.

The Honorable Glenn Richardson was escorted to the Speaker's stand whereupon he assumed the Chair and thanked the members for having elected him Speaker.

The next order of business being the election of a Speaker Pro Tem for the House for the 2005-2006 term, the name of the Honorable Mark Burkhalter of the 50th was placed in nomination by Representative Smith of the 70th, which nomination was seconded by Representative Harbin of the 118th.

Representative James of the 135th placed in nomination the name of the Honorable Carolyn Hugley of the 133rd, which nomination was seconded by Representative Buckner of the 130th.

The nominations were closed.

The election of the Speaker Pro Tem was ordered on the roll call machine. Those voting for Representative Burkhalter voted "aye". Those voting for Representative Hugley voted "nay".

The vote was as follows:

N Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard Y Barnes Y Bearden N Beasley-Teague N Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges N Brooks Y Brown N Bruce N Bryant N Buckner, D E Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd

Y Crawford E Cummings Y Davis Y Day N Dean Y Dickson Y Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T

N Holmes Y Holt Y Horne Y Houston N Howard N Hudson N Hugley N Jackson N Jacobs N James N Jamieson Y Jenkins Y Jennings N Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown N Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R

Y Maxwell Y May Y McCall N McClinton Y Meadows Y Millar Y Miller Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons N Porter Y Powell

N Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin

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Y Carter Y Casas Y Chambers Y Channell N Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T Y Cooper N Cox

Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A

Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox
Mangham Y Manning N Marin Y Martin

Y Ralston N Randall Y Ray N Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Walker N Warren N Watson Y Wilkinson E Willard N Williams, A N Williams, E Y Williams, R Y Wix Y Yates Y Richardson, Speaker

On the election of the Speaker Pro Tem, the Honorable Mark Burkhalter received 116 votes, and the Honorable Carolyn Hugley received 60 votes.

The Honorable Mark Burkhalter of the 50th, having received the majority of the votes cast, is thereby declared elected Speaker Pro Tem of the House for the ensuing term.

The Speaker appointed as a committee to escort the Speaker Pro Tem to the Speaker's stand the following members:

Representatives Coan of the 101st, Coleman of the 144th, Harbin of the 118th, Hembree of the 67th, Jones of the 46th, Martin of the 47th, Smith of the 70th, and Smith of the 113th.

The Honorable Mark Burkhalter of the 50th was escorted to the Speaker's stand where he addressed the House expressing his appreciation to the members for having elected him Speaker Pro Tem of the House of Representatives.

Due to a mechanical malfunction, the vote of Representative Cox of the 102nd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The next order of business being the election of a Clerk of the House for the 20052006 term, Representative Yates of the 73rd placed in nomination the name of the Honorable Robert E. Rivers, Jr. of Haralson County, as Clerk, which nomination was seconded by Representative Watson of the 91st.

Representative Keen of the 179th moved that the nominations be closed and that the Deputy Clerk of the House be instructed to cast the entire vote of the membership present for the nominee. The motion prevailed and on the election of the Clerk of the House, the Honorable Robert E. Rivers, Jr. of Haralson County received the entire vote of the membership present.

The Honorable Robert E. Rivers, Jr. was thereby declared elected Clerk of the House

MONDAY, JANUARY 10, 2005

25

for the ensuing term.
The Chair appointed as a Committee to escort the Clerk to the Speaker's stand the following members:
Representatives Butler of the 18th, Graves of the 137th, Heard of the 114th, Houston of the 170th, O'Neal of the 146th, Parrish of the 156th, Randall of the 138th, and Williams of the 4th.
The following oath of office was administered to the Honorable Robert E. Rivers, Jr., Clerk of the House, by Glenn Richardson, Speaker of the House of Representatives:
I hereby swear that I will discharge the duties of the office of the Clerk of the House of Representatives, faithfully and to the best of my skill and knowledge. I further swear that I am not the holder of any public money due this State or any political subdivision or authority thereof, unaccounted for, that I am not the holder of any office of trust under the government of the United States, nor of any one of the several states, nor of any foreign state, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia; and that I am not a member of the communist party.
So help me God.
The Clerk addressed the House expressing his appreciation to the members for having elected him Clerk of the House of Representatives.
The following Resolution of the House was read and adopted:
HR 10. By Representative Keen of the 179th
A RESOLUTION
To notify the Senate that the House of Representatives has convened; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Clerk of the House is hereby instructed to notify the Senate that the House of Representatives has convened in regular session and is now ready for the transaction of business.
The following Resolution was read:
HR 11. By Representative Keen of the 179th
A RESOLUTION

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Adopting the Rules of the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the attached document, titled "Rules, Ethics, and Decorum of the House of Representatives," is hereby incorporated in this resolution and made a part hereof; and upon adoption of this resolution shall constitute the rules of the House of Representatives for the regular 2005 session and for the duration of this General Assembly.
RULES, ETHICS AND DECORUM
OF THE HOUSE OF REPRESENTATIVES

2005

TABLE OF CONTENTS

RULES, ETHICS AND DECORUM OF THE HOUSE OF REPRESENTATIVES

Decorum ....................................................... Clerk, Doorkeeper, Messenger and
Sergeant-at-Arms ....................................... Admission to the Chamber and Galleries and
Decorum Therein ....................................... Committee Organization and Functioning .... Assignments, Appointments and Placements Speaker's Powers and Duties ........................ Protest and Appeal......................................... General Business and Order of Business....... Quorum and Absentees..................................

2004 Rule #
1-4
12 -15 5 11
16 25 26 27 42 43 45

Begins On

2005 Rule # Page

1

1

26

2

79

3

10 11

5

12 18

8

19 29

11

30

13

31 44

13

45 47

18

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27

Introduction and Reading .............................. 46 52

48 53

19

Consideration of Bills and Resolutions

in Committee.............................................. 53 58

54 59

21

Committee of the Whole House .................... 59 77

60 78

23

Debate............................................................ 78 85

79 86

26

Motions.......................................................... 86 88

87 89

28

Commitment .................................................. 89 91

90 92

29

Tabling........................................................... 92 97

93 98

30

Indefinite Postponement ................................ 98 100

99 101

31

Postponement................................................. 101 106 102 107

31

Amendment ................................................... 107 121 108 120

32

Previous Question.......................................... 122 128 121 127

36

Voting ............................................................ 129 142 128 142

38

Reconsideration ............................................. 143 145 143 145

42

Committees of Conference ............................ 146

146

43

Enactment ...................................................... 147 151 147 151

44

Adjournment.................................................. 152 158 152 158

45

Contests ......................................................... 159

159

46

Pages.............................................................. 160

160

46

Privileged Resolutions................................... 161 162 161 162

47

Legislative Offices......................................... 163

163

47

Ethics Committee .......................................... 164 173 164 173

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RULES, ETHICS AND DECORUM OF THE HOUSE OF REPRESENTATIVES
____________________________________________

DECORUM

Rule 1.

1.1

All members shall conduct themselves at all times with dignity and with

respect for others in a manner to ensure appropriate decorum in the deliberations of the

House and to reflect the responsibilities incumbent upon a member of the House.

1.2

Members shall observe decency of speech and gentleness of behavior at all

times in the House, the gallery and the lobbies, anterooms and halls adjacent to the

House.

1.3

No member in speaking shall be disrespectful to any other member and all

members shall carefully avoid references to personalities when addressing the House.

1.4

Members shall, at all times, observe appropriate attire on the floor of the

House, in the gallery, and in the lobbies, anterooms and halls adjacent to the House.

Appropriate attire for members shall be coat and tie for male members and dignified

dress for female members.

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1.5

Profane, obscene or indecent language is prohibited in the House and during

the meeting of any standing or special committee of the House.

1.6

No member rising to debate, to give notice, to make a motion, or to present any

paper of any kind shall proceed until the Speaker has recognized the member as entitled

to the floor. While a member is speaking, no other member shall pass between the

speaking member and the Speaker.

1.7

The reading of newspapers shall not be permitted on the floor of the House

while the House is in session.

1.8

There shall be no smoking in the House of Representatives chamber or in the

gallery or lobbies, anterooms, halls or restrooms adjacent to the House.

1.9

Placards, stickers or signs not approved by the Speaker are not permitted in the

House Chamber.

1.10 The members of the House shall refrain from private conversations and shall

preserve silence when another member has the floor and is speaking.

CLERK, DOORKEEPER, MESSENGER AND SERGEANT-AT-ARMS

Rule 2. The Clerk of the House shall take an oath for the true and faithful discharge of the duties of the office, to the best of his or her knowledge and abilities, and shall be deemed to continue in office until a successor is elected.

Rule 3. It shall be the duty of the messenger to attend to the wants of the House while in session, to aid in the enforcement of order, under the direction of the Speaker, and to execute the demands of the House from time to time, together with all such processes issued under its authority, as may be directed to the messenger by the Speaker.

Rule 4. The Speaker may appoint a sergeant-at-arms for the House whose primary duties shall be to maintain order in the House chamber, the gallery and the anterooms, lobbies and halls adjacent to the House. As directed by the Speaker, any member or members of the Uniform Division or Executive Security Guard Division of the Department of Public Safety permanently assigned to special duty or personal security duty with the Speaker shall have full authority to maintain order in the House chamber, gallery, anterooms, lobbies and halls adjacent to the House and to exercise any other authority granted to the sergeant-at-arms under these Rules, in cooperation with the officers and employees of the House and any other law enforcement personnel so empowered by the Speaker.

Rule 5. The Speaker shall have the power to suspend the sergeant-at-arms, the messenger and doorkeeper for misconduct or neglect of duty. The Speaker shall report any such suspension to the House within 24 hours thereafter for such action as the House may deem advisable.

MONDAY, JANUARY 10, 2005

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Rule 6. If the sergeant-at-arms, the doorkeeper or the messenger dies or is unable to perform the duties of their office while in office, the Speaker shall appoint a successor who shall serve for the remainder of the term of office.

ADMISSION TO THE CHAMBER AND GALLERIES AND DECORUM THEREIN

Rule 7.

7.1

No person shall be entitled to enter upon the floor of the House except (1)

members and officers thereof, (2) members and officers of the Senate, (3) the Governor

of the state, (4) staff members of the Office of Legislative Counsel, (5) members of the

news media and their photographers, all of whom must bear proper credentials and must

comply with this rule, and (6) such others to whom the Speaker has issued a pass and

those the House may allow upon recommendation of the Committee on Rules.

7.2

Seats and spaces in the news media sections shall be assigned and designated

by the Speaker.

7.3

Only those members of the news media with proper credentials shall enter

upon the floor of the House of Representatives. No interview shall be conducted on the

floor of the House of Representatives while the House is in session. Reporters for print

media and radio stations and television reporters when no cameraperson is present shall

have access to the floor of the House of Representatives only to request that a member

leave the floor for an interview.

7.4

Still photographers and television camerapersons shall have access to the floor

of the House of Representatives while the House is in session unless, in the discretion of

the presiding officer, the number of still photographers or television camerapersons is

excessive or unless, in the discretion of the presiding officer, still photographers or

television camerapersons are creating a disturbance or disruption, at which time they may

be removed by the presiding officer.

7.5

Identification cards, signed by the Speaker and attested by the Clerk, shall be

issued to all persons entitled to privileges of the floor under this rule.

7.6

The doorkeeper of the House is specifically charged with the duty of enforcing

this rule.

7.7

The Speaker may refuse to issue or revoke cards issued to nonmembers of the

House and Senate.

7.8

Spouses and children of the members of the House may be admitted on the

floor of the House, provided they shall not be seated at the desk of any member;

provided, further, that no child under the age of 12 years shall be admitted on the floor

except for the purpose of posing for photographs with a member, and provided, further,

that after such activity the child shall immediately leave the floor.

7.9

No person shall be admitted on the floor of the House or permitted to remain,

who is engaged in lobbying or who is attempting to influence legislation.

7.10 No member or any other person entitled to the privileges of the floor shall be

permitted to enter upon the floor of the House while in an intoxicated condition or while

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under the influence of drugs listed in the Georgia Controlled Substances Act. The messenger, sergeant-at-arms, doorkeeper, any member or members of the Uniform Division or Security Guard Division of the Department of Public Safety permanently assigned to special duty in the House are specially charged with the rigid enforcement of this rule. 7.11 No member shall be recognized for the purpose of introducing visitors in the gallery except as authorized by the Speaker or by a previously adopted resolution. 7.12 Access to the floor of the House by nonmembers for the purpose of receiving special recognition shall be determined by a subcommittee of the Committee on Rules. All requests for access to the floor for the purpose of special recognition must be submitted in writing to the subcommittee of the Committee on Rules at least seven (7) days prior to the day access is requested. Access to the floor for the purpose of special recognition shall only be allowed on the date, at the time and in the manner ordered by the subcommittee. The Speaker may, at any time, grant special access to the floor of the House. 7.13 No person who is not a member of the House shall be recognized to speak unless such person shall have first been so invited by the adoption of a resolution on or before the previous day. Any person who has been invited to speak before the House as a result of the adoption of a resolution shall not address the House until the period after the conclusion of the third reading of bills and resolutions or immediately after the House reconvenes after any recess and prior to the transaction of any other business, except that the Speaker shall have the discretion to waive this restriction when warranted by the prominence of the person or the significance of the occasion.

Rule 8.

8.1

Applause, hisses, or other noises in the House chamber, in the gallery, or in the

lobbies during any speech or legislative proceeding shall be promptly suppressed.

Placards, displays, banners, and signs are prohibited and shall be removed promptly.

8.2

The possession or use of video cameras, movie cameras, and similar devices in

the gallery or in the lobbies during any speech or legislative proceeding is prohibited

unless expressly authorized by the Speaker.

8.3

The Speaker shall have the power to cause the gallery and lobbies of the House

to be cleared by the messenger, sergeant-at-arms, doorkeepers or any member or

members of the Uniform Division or Security Guard Division of the Department of

Public Safety permanently assigned to special duty in the House in case of disturbance or

disorderly conduct therein. The Speaker shall have the power to cause any person so

offending to be arrested and brought before the bar of the House in order to be dealt with

for contempt of the House.

Rule 9. No person shall enter the gallery of the House chamber unless such person has been issued a card by the Speaker authorizing such person to enter the gallery. Such card must be signed by the Speaker and must be displayed by such person to the doorkeeper of the gallery. The Speaker is authorized to revoke any such card.

MONDAY, JANUARY 10, 2005

31

COMMITTEE ORGANIZATION AND FUNCTIONING
Rule 10. 10.1 The Speaker shall appoint the following standing committees:
(1) Agriculture and Consumer Affairs. (2) Appropriations. (3) Banks and Banking. (4) Children and Youth. (5) Defense and Veterans Affairs. (6) Economic Development and Tourism. (7) Education. (8) Ethics. (9) Game, Fish and Parks. (10) Governmental Affairs. (11) Health and Human Services. (12) Higher Education. (13) Human Relations and Aging. (14) Industrial Relations. (15) Information and Audits. (16) Insurance. (17) Interstate Cooperation. (18) Intragovernmental Coordination. (19) Judiciary. (20) Judiciary, Non-civil. (21) Legislative and Congressional Reapportionment. (22) Motor Vehicles. (23) Natural Resources and Environment. (24) Public Safety. (25) Public Utilities and Telecommunications. (26) Regulated Industries. (27) Retirement. (28) Rules. (29) Science and Technology. (30) Special Rules. (31) State Institutions and Property. (32) State Planning and Community Affairs. (33) Transportation. (34) Ways and Means. 10.2 The Speaker may, at any time, appoint a special committee for the limited purpose of considering any bill or bills assigned by the Speaker. Each special committee created pursuant to this rule shall act, in all respects, as if it were a standing committee designated under rule 10.1, except that a special committee shall cease to exist when final action is taken on any bill, or bills assigned to it by the Speaker.

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Rule 11. 11.1 Members of all committees provided for in these Rules and the Hawks shall be appointed by the Speaker. The Speaker may also create one or more subcommittees within any standing committee and constitute the membership thereof. 11.2 Every member of the House shall be appointed to, and serve, on at least two standing committees of the House. 11.3 The Speaker, the Speaker Pro Tempore, the Majority Leader, the Majority Whip and the Hawks shall be ex officio members of all standing committees and subcommittees of the House and shall have a vote on all committees and subcommittees, except that the Speaker shall have no vote as an ex officio member, except on the Committee on Rules. 11.4 The chairman and secretary of the Committee on Appropriations shall be ex officio members of the Committee on Ways and Means, and the chairman and vice chairman of the Committee on Ways and Means shall be ex officio members of the Committee on Appropriations. The chairman of the Committee on Ethics shall be an ex officio member of the Committee on Judiciary. Such ex officio members shall have a vote on such committees and their subcommittees. 11.5 The Speaker shall appoint a chairman, a vice chairman and a secretary for all standing committees and subcommittees. 11.6 The Majority Leader, the Minority Leader, the Majority Whip and the Minority Whip shall be members of the Committee on Rules. Each such leader must be certified as such by his or her party caucus chairman to the Speaker of the House and to the Clerk of the House. 11.7 If a member desires to change committees, such member may make a request to the Speaker. If a change can be accomplished, the Speaker is authorized to make such change. After the announcement of the standing committees, no other members shall be placed thereon, except as provided in this rule, and except that, when members have been elected to fill vacancies caused by death or otherwise, the Speaker may assign such members to such committees as the Speaker may see fit, and the Speaker may fill any vacancy in the offices of chairman, vice chairman, or secretary. 11.8 The Speaker may appoint one or more members to the position of Hawk. The Speaker may designate one of the Hawks as the Senior Hawk. The Hawks shall serve as ex officio members of all standing committees and subcommittees of the House and shall have a vote on all committees and subcommittees. 11.9 The Speaker may appoint one or more vice chairmen of the Committee on Appropriations. Each vice chairman appointed shall be designated to preside over one of the following subcommittees of the Committee on Appropriations:
(1) Education. (2) Higher Education. (3) Health. (4) Public Safety. (5) Economic Development. (6) General.

MONDAY, JANUARY 10, 2005

33

ASSIGNMENTS, APPOINTMENTS AND PLACEMENTS
Rule 12. 12.1 At the Speaker's election, by an order so designating, the Speaker may create and appoint a committee on assignments to make and designate all assignments, appointments and placements of members to committees permitted to the Speaker under Rule 11, and to any and all other similar positions, placements or appointments permitted to the Speaker by these Rules. 12.2 If the Speaker creates a committee on assignments, membership on said committee shall consist of the Speaker, the Majority Leader and not less than five (5) additional members, all of whom shall be appointed by the Speaker. 12.3 The Committee on Assignments shall be constituted in such a manner that any assignment, appointment or placement must be approved by a majority vote of those committee members present and voting. All members shall have an equal vote except the Speaker, who shall have 3 votes, and the Majority Leader, who shall have 2 votes on all questions before the committee. In the case of a tied vote on any question, the Speaker shall be authorized to cast one extra vote. 12.4 When a Committee on Assignments is constituted, the committee may set forth such other and further rules or procedures to govern its role or the conduct of its proceedings as the committee may deem necessary or proper. 12.5 The Speaker shall be authorized to veto or disapprove any action of the Committee on Assignments within 48 hours of receipt of written notice of any action taken by the committee. 12.6 Notwithstanding any appointment by the Committee on Assignments, or the Speaker's failure to veto any appointment pursuant to Rule 12.5, the Speaker may, at any time, with or without cause and without explanation, remove any member appointed as a chairman, vice chairman or secretary of any standing or special committee or subcommittee of the House, any Hawk or any member appointed to the Committee on Rules.
Rule 13. Each committee or subcommittee shall first meet upon the call of the chairman and perfect its organization. After the organizational meeting, each committee or subcommittee shall meet upon the call of its chairman. The vice chairman may call a meeting of the committee or subcommittee if the vice chairman obtains a certificate from the Speaker certifying that the chairman is incapacitated or if he or she is directed by the chairman to call the meeting to consider such measures as specified by the chairman. Each subcommittee shall be subject to the will of its parent standing committee and the officers thereof. No bill shall be reported to the House until it has been acted upon by the standing committee, and all actions of any subcommittee shall be submitted to its parent standing committee.
Rule 14. 14.1 Except as otherwise provided in these Rules, all meetings of any committee or

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subcommittee of the House, including interim committees, shall be open to the public. By a majority vote of a quorum of a committee or subcommittee, a meeting may be closed to the public when the committee or subcommittee is (1) discussing the future acquisition of real estate, (2) discussing the appointment, employment, or dismissal of a public officer or employee or disciplinary action against such officer or employee, or (3) hearing complaints or charges brought against a public officer or employee, unless the officer or employee requests that the meeting be open to the public. 14.2 Inasmuch as the primary function of the Committee on Assignments is the assignment, appointment and placement of individual members to various positions in order to effectively and efficiently operate the House of Representatives, and since such function will necessarily require discussions of the strengths and weaknesses of individual members, which discussions are primarily made in the context of a personnel related matter, the meetings of this committee will be considered confidential and shall not be open to members or the public.
Rule 15. When the House provides for the recording or transcribing of its proceedings during any of its sessions or the House or any committee or subcommittee thereof provides for the recording or transcribing of proceedings of such committee or subcommittee during any meeting thereof which is open to the public, copies of such recordings or transcriptions shall be made available to the public upon request and payment of the reasonable costs of supplying copies of such recordings or transcriptions, whether such recordings or transcriptions are written or typed or are audio, visual, or audio-visual records of such proceedings.
Rule 16. No standing or interim committee or subcommittee of the House of Representatives shall officially meet at any place within the state where any citizen of the state is denied admittance on the basis of religion, race, creed, nationality, or gender or on property belonging to any private club, organization, or association in which any citizen is denied membership or discriminated against on the basis of religion, race, creed, nationality, or gender.
Rule 17. 17.1 The Committee on Information and Audits shall, before auditing the account of any member for expenses as a committee member, or any account submitted by a member for any expense incurred in discharge of any duty as a member of the House, require of such member an itemized statement of such account, supported by proper vouchers, for each item of such account. 17.2 The Committee on Information and Audits shall audit twice a year the accounts of any caucus of the House which receives state funds. Each caucus to be audited under this rule shall keep detailed records of all expenses and receipts of all monetary transactions. The Committee on Information and Audits shall, before auditing the accounts of any caucus, require of such caucus an itemized statement of such account, supported by proper vouchers for each item of such account.

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Rule 18. 18.1 If a majority of the members of the House whose districts are wholly or partially located within a political subdivision shall file with the chairman of the Committee on State Planning and Community Affairs their own rules as to the number of Representatives who must sign proposed legislation affecting that political subdivision before it will be favorably reported by the Committee on State Planning and Community Affairs, the committee shall observe such rules in considering such legislation. Otherwise, the committee shall not favorably report any legislation affecting a political subdivision unless all of the Representatives whose districts are wholly or partially located within the political subdivision shall sign such legislation. 18.2 No local bill or resolution referred to the committee shall be released to any person, including members of the House, except upon the condition that such person shall return the bill or resolution to the chairman of the Committee on State Planning and Community Affairs within six hours of the chairman's request to do so.
SPEAKER'S POWERS AND DUTIES
Rule 19. The Speaker shall preserve the order and decorum of the House, the gallery and the lobbies, anterooms and halls adjacent to the House. In case of disturbance or disorderly conduct in any of these areas, the Speaker may cause the same to be cleared.
Rule 20. When two or more members rise at the same time, the Speaker shall name the member to be recognized.
Rule 21. The Speaker shall, in the Speaker's discretion, suspend irrelevant debate and command silence whenever the Speaker deems it necessary.
Rule 22. The Speaker shall vote in all cases of election by the House. In other cases the Speaker shall not vote unless the House shall be equally divided or unless the Speaker's vote, if given to the minority, will make the division equal. In case of such equal division, the question shall be lost. But in all cases where a fixed constitutional vote is required to pass the matter under consideration and the matter lacks only one vote to pass, the Speaker shall vote; and the Speaker's vote shall be counted the same as that of any other member.
Rule 23. All questions as to the priority of business to be acted on shall be decided by the Speaker without debate.
Rule 24. At any time the Speaker may order the roll called on any question and take the vote by yeas and nays unless otherwise ordered by the House.
Rule 25. The Speaker shall assign seats in the House Chamber to the members.

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Rule 26. The Speaker of the House shall administer the oaths required of the subordinate officers of the House.
Rule 27. During a day's session, the Speaker or Speaker Pro Tempore when acting as Speaker may name any member to perform the duties of the chair during any part of that day. Whenever the Speaker is not presiding, the Speaker may be recognized at any desk.
Rule 28. Whenever, from any cause, the Speaker is absent at the beginning of a daily session, the Speaker Pro Tempore shall preside. If both are absent, the Clerk of the House shall call the House to order and shall preside until the election of an acting Speaker Pro Tempore. Such election shall be the first business of the House. The acting Speaker Pro Tempore thus elected shall preside until the return of one of the first named officers, at which time his or her functions shall cease.
Rule 29. 29.1 If the Speaker Pro Tempore becomes Speaker pursuant to the provisions of Article III, Section III, Paragraph II(b) of the Constitution of the State of Georgia of 1983, the procedure provided in this rule for the election of a Speaker shall be followed. 29.2 The Speaker Pro Tempore shall call an election to be held within 120 days after he or she becomes Speaker. Such election shall be held on a date and at a time to be designated by the Speaker Pro Tempore who has become the Speaker. If the Speaker Pro Tempore becomes Speaker at a time when there are 120 days or less remaining in the two-year term, the Speaker Pro Tempore shall continue to serve as Speaker until the convening of the General Assembly for the next regular session. Any election provided for in this rule shall be held in the chamber of the House of Representatives at the state capitol.
PROTEST AND APPEAL
Rule 30. Should any member of the House be dissatisfied with the ruling of the Speaker on any point, such member shall rise and respectfully address the Speaker and say: "I appeal from the decision of the chair." The Speaker will then state to the House the point ruled on and the Speaker's decision on it. Debate on the correctness of the ruling shall be limited to 5 minutes. The Speaker shall put the question of appeal to the House for a vote. The ruling of the Speaker shall be sustained unless overruled by the vote of a majority of the members to which the House is entitled. All appeals from the decision of the chair shall be made immediately, and no appeal shall be in order after other business has intervened from the time of the alleged error of the chair and before the appeal is sought.
GENERAL BUSINESS AND ORDER OF BUSINESS
Rule 31. The following shall be the order of business:

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(1) Call of the roll. (2) Scripture reading and prayer by the chaplain. (3) Pledge of Allegiance to the Flag of the United States of America. (4) Report of the Committee on Information and Audits. (5) Confirmation of the journal. (6) Unanimous consents. (7) Introduction of bills and resolutions. (8) First and second readings and reference of House bills and resolutions. (9) Report of standing committees. (10) Third reading and passage of uncontested local bills and resolutions. (11) First and second readings and reference of Senate bills and resolutions. (12) Unfinished business of previous session. (13) Orders of the day. (14) Senate amendments to House bills and resolutions and reports of conference committees. (15) Motions to reconsider. (16) Morning Orders (17)(a) When applicable, third reading of resolutions on the uncontested resolutions
calendar; and (b) Other bills and resolutions for third reading. (18) Evening Orders

Rule 32. It shall be the duty of the Committee on Information and Audits to read the journal of each day's proceedings and report to the House that the same is correct. The reports of the Committee on Information and Audits may be made at any time.

Rule 33

33.1 The Committee on Rules shall arrange and fix the calendar for each day's

business of each regular session of the General Assembly. Copies of such calendar shall

be printed and made available to the members of the House as quickly as is practicable

following the setting of the calendar.

33.2 In arranging and fixing the calendar for each day's business, the Committee on

Rules is authorized to place on each measure to come before the House any of the

following special rules:

(a)

Open Rule- Germane amendments may be offered in accordance with the

provisions of these Rules.

(b)

Modified Open Rule- Germane amendments may be offered subject only to

an overall time limit on the amendment process and a requirement that the amendments

be pre-printed and placed upon the desk one hour prior to debate.

(c)

Modified Structured Rule- Germane amendments designated by the

Committee on Rules may be offered. This rule may preclude amendments to a particular

portion of the bill, although other parts of the bill may be open to amendment.

(d)

Structured Rule- No amendments may be offered.

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33.3 At all times the Committee on Rules may designate a day certain and may set a time limit for floor debate on any measure. 33.4 The provisions of Rule 33.2 shall not apply with respect to a minor or technical amendment which corrects items such as grammar, spelling, numbering, cross-references or otherwise corrects manifest typographical or other similar errors. The determination of whether an amendment is a minor or technical amendment shall be according to the judgment of the Speaker of the House, subject to appeal to the body. 33.5 Rule 33.2 shall not apply with respect to amendments to the following classes of legislation:
(1) Local legislation; and (2) Privileged resolutions. 33.6 For purposes of these Rules a substitute shall be treated as an amendment; and in order to be eligible for consideration by the House a substitute will only be permitted in accordance with the terms of any special rule applicable to the measure. 33.7 The Committee on Rules may also recommit any measure back to the committee from whence it came, or on its own motion, amend the same. 33.8 There shall be a separate section at the beginning of each day's rules calendar known as the uncontested resolutions calendar. All resolutions referred to in this subsection which are approved by the Committee on Rules for placement on the rules calendar shall be placed on the uncontested resolutions calendar unless otherwise ordered by the committee. When considered by the full House, all resolutions on the uncontested resolutions calendar shall be voted on as a group and without debate; except that any member of the House shall have the right to have any resolution on the uncontested resolutions calendar removed therefrom and placed on the general rules calendar, in which case it shall be subject to consideration in the same manner as any other bill or resolution on the general rules calendar. Resolutions for placement on the uncontested resolutions calendar shall include only: (1) resolutions establishing study committees and other similar bodies; and (2) commemorative resolutions which name or rename roads, streets, highways, parks, bodies of water, bridges, institutions, buildings, structures, and other geographical landmarks.
Rule 34. Every motion to make special orders shall be submitted in writing to the Committee on Rules and reported upon by the committee before being submitted to the House.
Rule 35. The report of the Committee on Rules is in order at any time when the House is not actually engaged in other business.
Rule 36. No rule shall be temporarily suspended or temporarily changed nor the order of business changed except by unanimous consent or by an affirmative vote of twothirds of the members to which the House is entitled.

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Rule 37. No amendment or addition to these rules shall be made unless such proposed amendment or addition is first referred in writing to the Committee on Rules and reported back to the House where it may then be adopted by affirmative vote of a majority of the members to which the House is entitled. However, the rules may be temporarily suspended as provided in Rule 36 without referral to the Committee on Rules.
Rule 38. The roll call of the House shall not be dispensed with except by a vote of a majority of the members voting or by unanimous consent. The motion to dispense with the roll call shall be decided without debate. The electric roll-call system may be used to call the roll by the members using the "yea" switch to signify their presence.
Rule 39. 39.1 When a message is sent to the House of Representatives, it shall be announced at the door of the House by the doorkeeper and be respectfully communicated to the chair by the person through whom it may be sent. 39.2 Messages may be received at any time while the door is open except while a question is being put or a ballot or viva voce vote is being taken. A message shall be presented to the House by the Speaker when it is received or thereafter according to its nature and the business in which the House is engaged; or its consideration may, on motion, be ordered by the House.
Rule 40. 40.1 Morning Orders shall be in order immediately prior to the reading of bills and resolutions for the third time. There shall be a 15 minute period during which members wishing to engage in a Morning Order may speak; provided, however, that no member may speak for more than 5 minutes. All requests to speak must be received by the office of the Speaker one hour prior to the convening of each day's business. The Speaker shall allocate the amount of time any member can speak. 40.2 Evening Orders shall be in order immediately following the reading of bills and resolutions for the third time. The order and amount of time a member may speak shall be determined by the Speaker. 40.3 Questions of privilege (Morning and Evening Orders) shall be those affecting the rights, safety, and dignity of the House collectively and the integrity of its proceedings; and the rights, reputation, and conduct of members individually, in their representative capacity only. No member in exercising such privilege may impugn the character or personal integrity of another member. Questions of privilege shall have precedence over all other questions except a motion to adjourn, provided that, when any matter is pending before the House, no question of personal privilege shall be acted on until disposition is made of the pending question.

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Rule 41. The House shall convene daily at 10:00 A.M. unless otherwise ordered by the House. The hour of adjournment shall be fixed by a majority of the House, on motion without debate.
Rule 42. No member shall take any books or papers from the possession of the House or Clerk without first notifying the Clerk and giving the Clerk a receipt to return such books or papers in a reasonable time or on demand by the Clerk.
Rule 43. No general bill or resolution shall be released to any person, including members of the House, except upon the condition that such person shall return the bill or resolution to the Clerk or to the chairman of the committee to which it was referred within six hours of the request of the Clerk or chairman to do so.
Rule 44. A motion objecting to the reading of any paper shall be determined by a vote of the House without debate.
QUORUM AND ABSENTEES
Rule 45. 45.1 The power to compel the attendance of members, in order to keep or secure a quorum, shall be vested in the Speaker. The Speaker may have the doors of the House closed and when the doors are closed, no member shall be allowed to retire from the House without first obtaining leave from the Speaker. 45.2 The messenger, doorkeeper, sergeant-at-arms or any member of the Uniform Division or Executive Security Guard Division of the Department of Public Safety, on order of the Speaker, may arrest any absentees and bring them before the House when necessary to secure a quorum.
Rule 46. Whenever the result of a vote taken shall disclose the fact that no quorum of the House is present or when the Speaker shall officially state the fact to the House, it shall be in order for any member to make a motion for a call of the House. When such motion is made, the Speaker shall state the question as follows: "Shall the motion for the call of the House prevail?" If one-fifth of the members present shall vote in the affirmative, the Speaker shall order the Clerk to call the roll of members and the absentees shall be noted. The doors shall then be closed, after which the names of the absentees shall again be called. By order of the majority of the members present, those who do not appear and who are absent without leave may be sent for and arrested wherever they may be found by the messenger, doorkeeper, sergeant-at-arms or any member of the Uniform Division or Executive Security Guard Division of the Department of Public Safety, and their attendance secured. The House shall determine upon what conditions they shall be discharged.
Rule 47. Upon the call of all the members, the names of the absentees shall be noted by the Clerk and shall appear upon the journal.

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INTRODUCTION AND READING
Rule 48. 48.1 No bill or resolution having the effect of law shall be introduced unless the same shall have been filed in the office of the Clerk not later than one hour after the time of adjournment on the previous day. 48.2 Whenever any bill or resolution having the force and effect of law is filed with the Clerk, it shall be read for the first time on the succeeding day and such day shall be deemed to be the date on which the bill was introduced. Any bill or resolution requiring three readings prior to its passage shall then automatically be read for the second time on the legislative day following the day on which it is introduced. There shall be no debate on the first or second reading of any bill or resolution requiring three readings prior to its passage.
Rule 49. When introducing a bill or resolution, a member shall file an original and one copy with the Clerk. All bills and resolutions shall be typed, printed, or otherwise duplicated and the name and district of the member introducing the same shall be on the back thereof. The title or a brief summary thereof shall also appear on the back. No member shall sign any bill or resolution as a cosponsor thereof without the consent of the sponsor who first signs the bill or resolution.
Rule 50. Any bill or resolution relating to or affecting state revenues, general taxation, parimutuel wagering, alcoholic beverages, water resources, or hazardous wastes shall not be deemed to be a local or special bill or resolution but shall be treated as a general bill or resolution.
Rule 51. As soon as possible after any bill or resolution of general application is filed in the Clerk's office, the Clerk shall cause the same to be printed. When such bill or resolution is placed on the general calendar, the Clerk shall distribute a copy thereof to each member of the House. Whenever any such bill or resolution of general application shall be reported back by the committee to which it was referred with the recommendation that it do pass as amended or that it do pass by substitute, the Clerk shall cause the recommended amendment or substitute to be printed and copies thereof to be distributed to each member. No bill or resolution of general application shall be considered by the House unless copies of the same and any committee amendments or committee substitute shall have been printed and distributed to the members prior to consideration for passage. The House may at any time by a vote of a majority of those voting, provided the total vote constitutes a quorum, suspend action upon any pending bill or resolution of general application until all amendments, or substitutes, or both offered thereto on the floor shall have been printed and distributed to the members.
Rule 52. All bills and resolutions on the calendar shall be called as directed by the Committee on Rules or as otherwise directed by the Speaker. However, the general

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appropriations bill shall have precedence on the third reading over all other matters, even special orders, until final disposition of such bill.
Rule 53. It shall be the duty of the Clerk to place on each bill and resolution, as it is read the first time, a number following the numerical order in which such bills and resolutions are read the first time. Before reading any bill or resolution the second or third time, the Clerk shall distinctly state its number and the name of the member by whom it is introduced.
CONSIDERATION OF BILLS AND RESOLUTIONS IN COMMITTEE
Rule 54. 54.1 Upon the introduction of any bill, resolution, or other matter, requiring reference to a committee, the Speaker shall as a matter of course and without debate assign the same to an appropriate committee. 54.2 All resolutions providing for appointment of committees of inquiry or investigation and any or all other resolutions which are not privileged shall be referred by the Speaker to the appropriate committee. 54.3 Except as provided in this rule, every privileged resolution shall be referred to a committee. It shall not be necessary, however, to refer to a committee a privileged resolution which commends, congratulates, or extends condolences or which is of a similar nature. The presiding officer shall determine whether a resolution is privileged and shall determine whether it is to be referred to a committee. 54.4 A committee may act upon a bill, resolution, or other matter when the House is in session or on a day on which the House is not in session during a recess or adjournment after the opening day of a regular session and prior to the last day of a session. When a committee so acts during a day of recess or adjournment, the Clerk of the House may accept the report of the committee on such day, and the committee report shall be received and read by the House on the next day when the House is in session. A committee may not take official action after the adjournment sine die of a session and prior to the convening of the next session.
Rule 55. No Committee of the Whole House or other committee shall deface or interline a bill, resolution, or other paper referred to the committee but shall report any amendment recommended on a separate paper, noting the section, page, or line to which the amendment relates. No person shall write upon or mark upon the original bill, resolution, or other paper in any manner.
Rule 56. All reports of a committee shall be in writing. The minority of a committee may make a report in writing, setting forth succinctly the reasons for its dissent. Wherever practicable, each committee shall include with its report on each general bill or resolution a brief resume of the bill. If the committee shall so order, the Clerk shall have

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the majority report printed and distributed to the members of the House. If a minority report is written, and a majority of the minority of the committee shall so order, the Clerk shall have the minority report printed and distributed to members of the House.

Rule 57. In cases where the report of a committee is favorable to the passage of a bill or resolution, or the bill or resolution is reported without recommendation, the same shall be passed to a third reading without question. If the report of a committee is adverse to the passage of a bill or resolution, the question shall be on agreeing to the report of the committee. However, House and Senate bills and resolutions adversely reported shall not be taken up except by request of a member of the House. Such request must be made not later than adjournment of the next legislative day following the unfavorable committee report. In such case, the motion to disagree shall be referred to the Committee on Rules. If the report of the committee is agreed to in the Committee on Rules, the bill or resolution shall be lost. If the report of the committee is disagreed to in the Committee on Rules, the bill or resolution shall be put on the general calendar unless the bill or resolution is recommitted.

Rule 58. If a bill or resolution has been referred to and reported by more than one committee or has been reported and recommitted to the same committee, the last committee report shall be acted on by the House. In all cases, the report of the Committee of the Whole House shall be first acted on by the House.

Rule 59. 59.1 Whenever any bill or resolution has been referred to a committee and the committee has held the bill or resolution in its custody for ten legislative days without reporting on it, or taking any action upon it, any member of the House shall have the right to initiate a petition for discharge of the bill or resolution. Such petition shall be in such form as shall be designed by the Clerk of the House. If the petition is signed by two thirds of the members of the House, as set out below, the petition shall be filed by the initiating member with the Clerk of the House, and the effect shall be the same as a report of the committee favorable to the passage of the bill or resolution. The bill or resolution shall then take its place on the general calendar in the same manner as a measure favorably reported by a committee. Subject to the provisions of Rule 33, a bill or resolution that has been on the general calendar in the Rules Committee at least 5 days, can be placed on the rules calendar by a petition signed by two thirds of the members of the House. 59.2 Any motion or resolution to set a special order or to change the order of business for any particular day which has been referred to the Committee on Rules may be held in the custody and control of such committee for only three days.

COMMITTEE OF THE WHOLE HOUSE

Rule 60. House.

All appropriation bills shall be considered in the Committee of the Whole

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Rule 61. The Speaker may resolve the House into a Committee of the Whole House without a motion being made therefore.

Rule 62. On motion of a member, the House may resolve itself into a Committee of the Whole House by a majority of those voting, provided that the total vote constitutes a quorum, if notice of intention to make such motion has been given during the session of the preceding day. Individual speeches on such motion shall be limited to three minutes. If such notice has not been given, the motion shall prevail if it receives the affirmative votes of two-thirds of those voting, if the two-thirds constitutes a majority of all of the members elected to the House. Whenever the House, either by its own vote or by unanimous consent, commits any bill or resolution to the Committee of the Whole House and, subsequently, a motion is made to resolve the House into a Committee of the Whole House to consider such bill or resolution and such motion is lost, the motion shall not be renewed. It shall be the duty of the Speaker to require the Clerk to read the bill or resolution again at the following day's session under the order of introduction of new matter or reading of bills the first time. The Speaker shall then refer such bill or resolution to the appropriate committee unless otherwise ordered by the House. However, for the consideration of the general appropriations bill, the House may, on motion of a member, resolve itself into a Committee of the Whole by a majority of those voting, provided the total vote constitutes a quorum, and no previous notice shall be necessary.

Rule 63. In forming a Committee of the Whole House, the Speaker shall appoint a chairman to preside in committee and shall leave the chair.

Rule 64. The Committee of the Whole House shall not proceed with the business before it whenever a vote on any question discloses the fact that no quorum of the House is present. Whenever it is suggested that a quorum is not present, the chairman of the committee shall determine such fact by actual count of the committee and shall report the same to the committee. If no quorum is present, the chairman shall, on his or her own motion, order that the committee immediately rise and the chairman shall report the absence of a quorum to the House.

Rule 65. The rules of the House shall be observed by the Committee of the Whole House, so far as they may be applicable, except that the Committee of the Whole House can not: (1) refer a matter to any other committee; (2) adjourn; (3) enforce the previous question; (4) consider a motion to lay on the table or to indefinitely postpone; (5) unreasonably limit the number of times or the length of time that a member may speak; (6) consider a call of the House; or (7) take votes by yeas and nays.

Rule 66. House.

A motion to reconsider shall be in order in the Committee of the Whole

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Rule 67. In the Committee of the Whole House, the Speaker may take part in the proceedings; and the Speaker, as well as all other members, shall vote on all questions before the committee unless the Speaker is excused. No pairing of members shall be recognized or allowed in the Committee of the Whole House.
Rule 68. In the Committee of the Whole House, any papers in the possession of the House may be called for by any member and read by the Clerk for the information of the committee unless the committee shall otherwise order.
Rule 69. The chairman of the Committee of the Whole House shall have power to have the gallery or lobbies cleared in case of any disorderly conduct therein and shall have the same powers as the Speaker under Rule 82.
Rule 70. A Committee of the Whole House can not punish disorderly conduct of its members but must report the same to the House for action thereon.
Rule 71. If, at any time in the Committee of the Whole House, it shall be desired to close the debate, or to limit the time allowed members for speaking, the committee may rise and report its desire to the House, and the House shall take such action thereon as it may see fit.
Rule 72. If a Committee of the Whole House, for want of time, fails to complete any matter under consideration at any sitting, it may, on motion and at any time, recess and reconvene.
Rule 73. A motion "that the Committee of the Whole House rise, report progress, and ask leave to sit again" may be made at any time when the movant can legitimately obtain the floor. Such motion shall take precedence over all other motions and shall be decided without debate. When it prevails, the committee shall immediately rise.
Rule 74. When the hour for adjournment of the House arrives, the Committee of the Whole House shall automatically rise and the Speaker shall assume the chair.
Rule 75. 75.1 When the Committee of the Whole House has disposed of bills, resolutions, or other measures before it, by motion and question, it shall rise, and the chairman shall be instructed to report the action of the committee to the House. At this point, the Speaker shall resume the chair, and the chairman shall return to the floor and shall state in substance as follows: "Mr. Speaker, the Committee of the Whole House has had under consideration (naming what) and has instructed me, as its chairman, to report the same back to the House, with the recommendation that the same " ("do pass," "do pass as amended," "do pass by substitute," or "do not pass," as the case may be). 75.2 The Speaker shall receive this report and repeat the same, and the matter shall then be before the House for action, just as though reported by any other committee.

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Rule 76. Amendments offered to an amendment in the Committee of the Whole House shall not be reported to the House, but the report shall contain only the result of the committee's action on the bill, resolution, or measure under its consideration.
Rule 77. Amendments proposed by the Committee of the Whole House may be amended or rejected by the House, and matters stricken out by the committee may be restored by the House.
Rule 78. The proceedings of the Committee of the Whole House shall not be recorded on the journal of the House, except so far as reported to the House by the chairman of the committee.
DEBATE
Rule 79. When any member is about to speak in debate or deliver any matter to the House, such member shall rise from his or her seat and respectfully address himself or herself to "Mr. Speaker." No member shall be recognized by the Speaker unless the member is at his or her designated seat.
Rule 80. A member shall be confined to speaking on the matter in debate and shall not speak more than twice on any subject or more than once until every member choosing to speak shall have spoken.
Rule 81. Subject to the terms of any special rule designated by the Committee on Rules applicable to any measure, no member of the House shall occupy the floor longer than 20 minutes in debating any question unless otherwise ordered by the Speaker. Where the time for floor debate on any measure has been set by special rule, the Speaker shall determine the length of time that each member will be allowed to occupy the floor during debate. Any time allowed under Rule 124 shall be in addition to the time provided for in this rule. Any motion to limit or extend the time of individual speeches shall be decided without debate. No such motion shall prevail unless it shall receive the affirmative votes of two-thirds of those voting, provided the total vote constitutes a quorum. Such motion may be made at any time that the movant thereof may legitimately obtain the floor.
Rule 82. If any member, in speaking or otherwise, transgresses the rules of the House, the Speaker shall call such member to order, in which case the member shall immediately sit down unless permitted to explain. If appealed to, the House shall decide whether to confirm the Speaker's action. If the transgressor refuses to submit to the decision of the House, the member shall be reprimanded for the first offense or fined in a sum not exceeding $100.00 for the second and each subsequent offense. If the member continues to refuse to abide by the decision of the House such member may be expelled from the House by a two-thirds' vote of the members. Such vote shall be taken by yeas and nays and recorded on the journal of the House.

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Rule 83. If any member shall be called to order for words spoken, the words excepted to shall be taken down in writing by the Clerk and read. The words excepted to shall then be admitted, denied, or explained by the member who spoke them. Thereupon, the question of order shall be decided and such other proceedings shall be conducted as the House may deem proper in regard thereto. If, at any time, the House is acting under the previous question, such question of order and other proceedings referred to shall not be taken up for decision until after the previous question and the main question have been disposed of or until such future time as may then be ordered by the House. No member shall be held to answer or be subject to actions by the House for words spoken in debate if any other member has spoken or other business has intervened before the exception to the words is taken.

Rule 84. Except as otherwise stated in these Rules, no member shall address the House or a member of the House or interrogate a member who is speaking, except through the Speaker. Should the member speaking decline to be interrupted, the Speaker shall cause the member desiring to interrogate to be silent.

Rule 85. member.

No member shall refer in debate to any private conversation with another

Rule 86. In addressing any other member, a member may designate the other member by: "Mr.," "Mrs.," "Miss," or "Ms." plus the member's last name; or by the member's title, by his or her position on the floor, by the district he or she represents, or by the county or city of his or her residence. Examples of acceptable ways to address members are: "Mr. Jones," "Mrs. Smith," "Ms. Smith," "Miss Smith," "the Representative from the First District," "Mr. Speaker Pro Tempore," "Mr. Administration Floor Leader," "Mr. Majority Leader," "the lady from DeKalb," "the Representative from Waycross," or "the gentleman from Macon."

MOTIONS

Rule 87. When any subject is before the House for consideration or under debate, no motion shall be received except the following:
(1) A motion to adjourn. (2) A motion to lay on the table. (3) A motion for the previous question. (4) A motion to adjourn to a time definite. (5) A motion to indefinitely postpone. (6) A motion to postpone to a day certain or to a time certain if postponed to a later
time on the same legislative day. (7) A motion to commit. (8) A motion to amend. (9) A motion to print.

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Such motions shall have precedence in the order named. After a motion is stated by the Speaker, or read by the Clerk, it shall be deemed to be in the possession of the House, but may by unanimous consent be withdrawn at any time before the decision. Such motions made by any member need not be seconded.
Rule 88. No member may make more than one motion at a time. While the motion is being put to the House, the member making the motion must resume his or her seat, and such member is not further entitled to the floor unless recognized again by the Speaker.
Rule 89. No member who has the floor shall make any motion, the effect of which is to cut off debate, without relinquishing the floor.
COMMITMENT
Rule 90. Motions to commit may be made to refer a bill, resolution, or other measure to a standing or special committee or Committee of the Whole House. On a motion to commit, no debate shall be allowed. A motion to commit may be amended by substituting another committee for the one named by the member making the motion.
Rule 91. A motion to commit to a standing committee takes precedence over a motion to commit to a special committee and shall be first voted on. However, where a motion is made that a bill, resolution, or other measure be committed to the Committee of the Whole House, this motion shall be put before either of the above-named motions.
Rule 92. Any proposition that has been referred to any standing or special committee may, on motion, be recommitted to the same or any other committee by a majority of those voting, provided the total vote constitutes a quorum.
TABLING
Rule 93. A motion to lay on the table may be made after the motion for the previous question has been sustained; but, after the main question has been ordered, no motion to lay on the table is in order.
Rule 94. No motion to lay an amendment on the table shall be in order.
Rule 95. Neither the motion to lay on the table nor the motion to take from the table is debatable or amendable.
Rule 96. A motion to lay on the table or to take from the table may be renewed from time to time when new business has intervened between the votes.

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Rule 97. 97.1 If the motion to lay on the table prevails, it removes the measure from the consideration of the House, together with all the motions attached to it at the time. 97.2 When a proposition is taken from the table, it stands before the House in the exact form, with all the motions pertaining to it, as it stood at the time the motion to lay on the table prevailed. The measure and all motions shall remain in numerical order on the general calendar; provided, however, if the measure is tabled and taken from the table on the same legislative day when the rules calendar is in effect, it shall remain on that day's rules calendar and shall be treated as any other measure then on the rules calendar subject to any special rules previously placed on the measure by the Committee on Rules.
Rule 98. A majority of a quorum voting is necessary to lay a bill, resolution, or paper on the table. At any time when the House is not engaged on any other measure, a majority of a quorum voting may take from the table any bill, resolution, or paper which has been ordered to lie on the table.
INDEFINITE POSTPONEMENT
Rule 99. A motion to indefinitely postpone, if decided in the affirmative by a majority of those voting, provided the total vote constitutes a quorum, thereby disposes of said bill, resolution, or other measure for the session. Only one motion to indefinitely postpone any bill, resolution, or other measure shall be allowed.
Rule 100. While the motion to indefinitely postpone takes precedence over a motion to postpone to a day certain, or to commit, or to amend, a motion to indefinitely postpone cannot be applied to said motions, nor can it be applied to incidental questions, such as questions of order, reading of papers, withdrawal of a motion, and suspension of a rule.
Rule 101. The motion to indefinitely postpone lays open the whole question for debate, but the motion cannot be amended.
POSTPONEMENT
Rule 102. A motion to postpone to a day or time certain cannot be applied to subordinate or incidental questions but only to the whole measure. When the motion prevails, it carries forward the whole proposition and its appendages to the day or time named.
Rule 103. On a motion to postpone a question to a day or time certain, debate on the merits of the question is not in order. Debate and amendments may be allowed, but shall be confined strictly to the proposition to postpone and to show why one day or time is preferred to another. It shall be the duty of the Speaker to hold members rigidly to these points.

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Rule 104. The motion to postpone to a day or time certain may be amended by substituting one day or time for another. In this case, the time would be treated as a blank and the Speaker should treat any such amendment as the Speaker would those to fill a blank.
Rule 105. A motion to postpone to a day known to be beyond the limits of the session shall not be in order.
Rule 106. If the motion to postpone a bill, a resolution, or other measure is decided in the negative, the question is left before the House as it was before the motion was made, and a second motion to postpone cannot be made on the same day.
Rule 107. The motion to postpone a bill, resolution, or other measure to a day or time certain, when decided in the affirmative by a majority of those voting, providing the total vote constitutes a quorum, removes the subject from before the House until the day or time designated. When the House is not in session on the day or time designated, the question shall be called on the following legislative day.
AMENDMENT
Rule 108. 108.1 Subject to any special rules authorized by Rule 33.2 and placed on any measure by the Committee on Rules, an amendable proposition may only be amended in three ways:
(1) By inserting or adding words, numbers, punctuation, or letters. (2) By striking out words, numbers, punctuation, or letters. (3) By striking out and inserting words, numbers, punctuation, or letters. 108.2 An amendment is subject to be amended in all three of the ways mentioned above, but it is not permissible to amend an amendment to an amendment, except by unanimous consent. 108.3 No amendment to any appropriations bill shall be in order if the amendment has the effect of both reducing one appropriation and either increasing another appropriation or adding a new appropriation. No amendment to any appropriations bill increasing any appropriation or adding a new appropriation shall be in order unless there has previously been adopted an amendment reducing some other appropriation so as to make funds available for such new or increased appropriation; and no amendment to any appropriations bill shall be in order which would cause the bill to violate the balanced budget requirements of the Constitution. 108.4 A majority of a quorum voting is necessary to amend any bill, resolution, or proposition.
Rule 109. A substitute shall be treated as an amendment in these rules. However, for the purpose of amending a substitute, a substitute shall not be treated as an amendment.

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Rule 110. Subject to any special rules authorized by Rule 33.2 and placed on any measure by the Committee on Rules, all motions to amend any matter before the House must be in writing. They must plainly and distinctly set forth the amendment desired and the part or parts of the bill or resolution where the amendment shall be inserted or added.
Rule 111. In order to be eligible for consideration any amendment must be germane to the subject under consideration. In order to be germane the amendment must be closely and directly related to the main measure, both with respect to the end to be accomplished and with respect to the means of accomplishing the end. Any irrelevant motion, irrelevant amendment, or amendment which is not germane to the subject under consideration shall be ruled out of order by the Speaker. The determination of relevancy and germaneness shall be according to the judgment of the Speaker. Appeals from the Speaker's determination shall be in accordance with Rule 30.
Rule 112. When a bill or resolution is before the House for consideration, and amendments are pending thereto, and a substitute shall be offered for said bill or resolution, and an amendment shall be offered to said substitute, it shall be in order for the House to perfect first the original bill or resolution and then perfect the substitute. The question shall then be on agreeing to the substitute as amended, if it has been amended; and, if decided in the affirmative, the question shall be, "Shall this bill pass by substitute?" or "Shall this resolution be adopted by substitute?" as the case may be. If both a committee substitute and a floor substitute are offered for a bill or resolution, a vote shall be taken on the committee substitute first.
Rule 113. When a motion is made to amend by striking out a part of a bill or resolution, any amendment offered to perfect the part proposed to be stricken shall be put before the question is put for striking it out.
Rule 114. On all questions, whether in committee or in the House, the last amendment, the most distant day, and the largest sum shall be considered first.
Rule 115. 115.1 Subject to any special rules authorized by Rule 33.2 and placed on any measure by the Committee on Rules, after commitment of a bill and report thereof to the House, it may be amended before the report of the committee is agreed to by the House; but the amendments, if any, reported by the committee shall be disposed of before any other amendment is considered unless it is an amendment to a committee amendment. 115.2 If a bill amending the last enacted general appropriations Act is reported out of committee as "do pass by substitute" or "do pass as amended," neither the committee of the whole nor the House of Representatives shall consider the bill until at least 24 hours after the substitute or the amendments, as the case may be, have been printed and placed on the desk of each member.
Rule 116. Subject to any special rules authorized by Rule 33.2 and placed on any

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measure by the Committee on Rules, an amendment cannot be offered after the report of the committee to which the bill or resolution under consideration was referred has been agreed to by the House, unless the action of the House in so agreeing to the report of the committee shall first be reconsidered.
Rule 117. 117.1 The questions which arise before the House respecting amendments by the Senate to a House bill or resolution are, in order of precedence:
(1) A motion to agree to the Senate amendment. (2) A motion to disagree with the Senate amendment. (3) A motion to recede from the House's disagreement or amendment. (4) A motion to insist on the House's disagreement or amendment. 117.2 When in the Speaker's opinion a Senate amendment to a House bill is not germane, the Speaker is authorized on the Speaker's own motion or upon a point of order being made to rule out such amendment. The effect of such ruling of the Speaker, if not appealed from or if appealed from and the appeal is not sustained, shall be the same as a vote of the House to disagree, and the Clerk shall so report it to the Senate. Such point of order shall take precedence over a motion to agree. 117.3 However, when any question of disagreement with the Senate arises, the following motions shall be in order at any time the movant can legally obtain the floor: 1st. a motion to insist upon the House position and 2nd. a motion to recede from the House position. Debate thereon is limited as in the case of reconsideration. These motions shall be put in the order listed, subject to disposition by the House of any amendments affecting the matter in disagreement.
Rule 118. A motion to amend an amendment made by the Senate to a House bill or resolution takes precedence over a motion to agree or disagree to the amendment.
Rule 119. When any bill or resolution which originated in the House has been amended in the Senate and is before the House for action on the Senate amendment, any amendment may be offered in the House to the Senate amendment; but the House amendment to the Senate amendment cannot be further amended. The amendment offered in the House to the Senate amendment must be agreed to or voted down before the Senate amendment, as amended by such House amendment, may be agreed to or voted down.
Rule 120. 120.1 A Senate amendment to a House bill or resolution must be adopted by the vote required to pass the bill, resolution, or matter under consideration. 120.2 Any bill and any amendment or substitute to a bill proposing a change in the description of the composition of any congressional district, state representative district, state senatorial district, or any election district of any political subdivision of the state cannot be offered unless such bill, amendment, or substitute has been prepared by the

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Office of Legislative Counsel, at the time of its offering has printed thereon in the upper right portion of each page an LC or AM number, and has attached to the bill, amendment, or substitute the proposed new description of the composition of the district or districts as prepared by the Legislative and Congressional Reapportionment Office. This rule shall not apply to any amendment to such a reapportionment bill, amendment, or substitute when such amendment does not describe or redescribe the composition of such a district or districts.
PREVIOUS QUESTION
Rule 121. The previous question may be called and ordered upon a single motion or an amendment, or it may be made to embrace all authorized motions or amendments and include the entire bill.
Rule 122. 122.1 Any member may call for a division of the question on a subject which, in the opinion of the presiding officer, is one which may be divided. The member calling for a division must state what definite parts and how many parts the member would have the question divided into. Each part of the divided proposition must be so distinct that if taken away the remainder can stand by itself as a consistent and entire unit. 122.2 A qualifying paragraph, an exception, or a proviso, if taken from that to which it belongs, would not contain a distinct or entire proposition. 122.3 A motion to "strike out and insert" is an indivisible proposition.
Rule 123. 123.1 The motion for the previous question shall be decided without debate and shall take precedence over all other motions except a motion to adjourn or to lay on the table. Neither of such motions shall be made more than once until after the previous question has been exhausted. When it is moved, the first question shall be, "Shall the motion for the previous question be sustained?" If this is decided by a majority of those voting, provided the total vote constitutes a quorum, and the next question: "Shall the main question be now put?" is decided in the affirmative by a majority of those voting, provided the total vote constitutes a quorum, all other motions, except one to reconsider the action in ordering the main question, will be out of order and the House cannot adjourn until the previous question is exhausted or the regular hour of adjournment arrives. 123.2 No motion to reconsider the action of the House in ordering the main question shall be in order after the Clerk has called the first name on call of the yeas and nays and the vote of any member has been given, or the Speaker has ordered the roll-call system to be unlocked for voting, or after a division of the House has been had on the vote and the vote is in process of being counted and announced. In such cases the roll call shall be completed, the vote counted, and the result finally announced.

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Rule 124. 124.1 Subject to any special rules authorized by Rule 33.2 and placed on any measure by the Committee on Rules, when the previous question has been ordered, the House shall proceed to act on the main question without debate, except that, before the main question is put, 20 minutes shall be allocated to the chairman of the committee whose report of the bill or other measure is under consideration to close the debate. The chairman may yield the floor to such members as he or she may designate for all or any part of the 20 minutes allowed under this paragraph. 124.2 In all cases where a minority committee report has been submitted on the legislation, if the previous question has been ordered, and prior to the time allocated to the chairman, there shall be allocated 20 minutes to the first signer of the minority report to present the minority position. He or she may yield the floor to such members as he or she may designate for all or part of the time allowed under this paragraph.
Rule 125. All incidental questions of order arising after a motion is made for the previous question, and pending such motion, shall be decided without debate, whether on appeal or otherwise.
Rule 126. The effect of the order that the main question be now put is to bring the House to a vote on the pending questions.
Rule 127. After the main question has been ordered, a motion to reconsider this action will, if adopted, have the effect to repeal the ordering of both the main question and the previous question and will leave the pending measure again open to debate and amendment as, and if, authorized by the Committee on Rules, and the same time limits provided for in Rule 124.1 shall be applicable. The motion to reconsider the ordering of the main question can be made only once and, if lost or if the main question is again subsequently ordered on the pending measure, no second motion to reconsider the ordering of the main question shall be entertained.
VOTING
Rule 128. If no specific vote is provided in these rules for the passage of any resolution, motion, or measure, which will not become a law, the vote for such passage must be by at least a majority of all members to which the House is entitled, unless enacted by unanimous consent.
Rule 129. No member shall be permitted to cast his or her vote on any motion, resolution, amendment, bill, or other question until the question is put to the House under the rules of the House by the Speaker.
Rule 130. The Speaker's method of stating a question or any motion, after the same has been read to the House by the Clerk, shall be as follows: "All in favor of the motion

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will say 'Yes.' Those opposed will say 'No.'" When a decision seems doubtful to the Speaker or when a division of the House is called for by any member of the House, the Speaker shall call upon the members in favor of the motion to indicate by a show of hands. After a count is had by the Clerk, the Speaker shall call upon the members to reverse their positions, and the Speaker shall announce the result.
Rule 131. When less than a quorum vote on any subject under consideration by the House, the Speaker may order the doors of the House to be closed and the roll of members called by the Clerk or by the electric roll-call system. If it is ascertained that a quorum is present, either by answering to their names or by their presence in the House, the refusal of any member present to vote, unless excused, shall be deemed a contempt of the House.
Rule 132. After the main question is ordered, any member may call for a division of the House in taking the vote or may call for the yeas and nays. If the call for the yeas and nays is sustained by one-fifth of the members voting, the vote shall be taken by the yeas and nays and so entered on the journal. A motion for the call of the yeas and nays shall be decided without debate.
Rule 133. When the question is put, every member within the chamber shall vote unless the member is immediately and particularly interested therein or unless the member is excused by the House. A motion by a member to be excused from voting must be made before the House divides or before the call of the yeas and nays is commenced, and it shall be decided without debate. The member making the motion may briefly state the reason why it should prevail. In every case where the seat of a member is being contested, the sitting member and the contestant shall both retire from the House before the vote is taken.
Rule 134. No pairing of members shall be recognized or allowed as an excuse for not voting.
Rule 135. No member or person shall vote for another member on any question or proposition unless otherwise ordered by the Speaker. Any violation of this rule may be punished by fine, censure, or other action ordered by the House.
Rule 136. No member shall be permitted to explain his or her vote during a roll call, but such member may reduce his or her explanation to writing in not more than 200 words. If this writing is filed with the Clerk on the same day as the roll call, the writing shall be spread upon the journal.
Rule 137. When any question has been put to a vote by the Speaker's calling for a voice vote, calling for a show of hands, commencing the calling of yeas and nays, or unlocking the electric roll-call system, no debate shall be allowed and no member shall

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be recognized for a parliamentary inquiry or any other purpose until the vote has been completed and the result announced. The only exceptions allowed to this rule shall be: (1) when the Speaker has called for a voice vote or a show of hands, a member may call for the yeas and nays as provided for in Rule 132; (2) when an electric roll-call vote is in progress, a member may be recognized for the purpose of calling attention to a malfunction in the electric roll-call system; or (3) a member may be recognized for the purpose of calling attention to any member voting for another member in violation of Rule 135.
Rule 138. 138.1 Each member shall be issued one electronic card by the Clerk to activate the member's voting console to allow the member access to the electronic voting system. A member may not duplicate the electronic card issued by the Clerk. An electronic voting card issued to a member must not be left in the voting console at any time while the member is not in the seat or in the immediate proximity of the member's seat. 138.2 Should the clerk, sergeant-at-arms, doorkeeper, messenger or any member of the Uniform Division or Security Guard Division of the Department of Public Safety permanently assigned to provide security in the House Chamber see an electronic voting card in an empty seat, such authorized person shall remove the electronic voting card and deliver it to the Clerk. 138.3 If a member loses his or her card, a replacement will be issued by the Clerk at the member's expense.
Rule 139. 139.1 If the taking of yeas and nays is required by the Constitution, by House rule, or by law, the electric roll-call system shall be used, unless the Speaker orders the Clerk to take a viva voce roll call. On all other questions or propositions, the Speaker may, in the Speaker's discretion, order a division of the House, a roll call on the electric roll-call system, or a viva voce roll call. 139.2 When the House is ready to vote upon a question and the vote is to be by the electric roll-call system, the Speaker shall state: "The question is on (designating the matter to be voted upon). All in favor of such question shall vote 'Yea,' and all opposed shall vote 'Nay.'" The Speaker shall then have the voting machine unlocked. 139.3 The machine shall remain unlocked for voting for a period of at least 60 seconds, after which the machine shall be locked by the Clerk on order of the Speaker and the votes shall be tabulated. 139.4 The Speaker shall then announce the results.
Rule 140. 140.1 After the call of the yeas and nays, the Clerk shall verify how each member voted, and no member shall be permitted to change his or her vote unless the member declares at the time of the verification that he or she voted under a mistake of the question. When the electric roll-call system is used, this rule shall not be applicable.

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140.2 Verification of a roll-call vote may be dispensed with only by unanimous consent or by a majority of a quorum. When the electric roll-call system is used, no verification of the roll-call vote is required.
Rule 141. Each member shall vote from such member's own seat when the yeas and nays are taken by the electric roll call, and during such a vote no person shall be allowed upon the floor of the House except the members and those persons provided for in these rules.
Rule 142. Whenever on any question the yeas and nays have been ordered, the Clerk shall also enter on the journal the names of those members not voting.
RECONSIDERATION
Rule 143. 143.1 Motions for reconsideration of a bill or resolution shall be in order immediately before the period for members to rise on notices of Morning Orders under Rule 40 and the third reading of bills and resolutions on the day succeeding the action sought to be reconsidered and such other days as provided in these rules. Before any action can be reconsidered, notice must have been given to the House of intention to so move during the legislative day during which the action sought to be reconsidered took place. The notice of a motion to reconsider shall not be withdrawn after the time has elapsed within which it might originally have been made. A motion for reconsideration takes a majority of those voting, providing the total vote constitutes a quorum. 143.2 When the action sought to be reconsidered occurs on the last legislative day of the week, the motion for reconsideration shall be in order on the following Monday or the next legislative day if the House is not in session. When the action sought to be reconsidered occurs on any of the last three days of the session, the same may be reconsidered only before the transaction of other business. When the action sought to be reconsidered occurs on the last day on which a bill or resolution could be transmitted to the Senate in order to comply with any Senate rule relative to the first reading of House bills and resolutions in the Senate, the same may be reconsidered only before the transaction of other business. 143.3 The action of the House upon a House amendment may be reconsidered at any time before final action upon the section, bill, or resolution to which the amendment relates. The action of the House on Senate amendments shall be in order for reconsideration immediately, and not otherwise.
Rule 144. No bill, resolution, or amendment shall be reconsidered more than once.
Rule 145. Any bill or resolution which is reconsidered shall take its place in numerical order on the general calendar and shall include any substitute and all

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amendments which were a part of such bill or resolution when the action of the House which is being reconsidered is taken.
COMMITTEES OF CONFERENCE
Rule 146. 146.1 Whenever any member moves that a committee of conference be appointed, on disagreeing votes or other matters of the two houses, and the motion prevails, the Speaker shall appoint three members for the committee. 146.2 The committee of conference, once appointed, may consider the whole subject matter embraced in a bill, resolution, or other matter before it and may recommend rescission by either house, new amendments, new bills and resolutions, or other germane changes. 146.3 The committee of conference may establish rules for the conduct of its meetings which are not in conflict with this rule. Said meetings shall be open to the public at all times, except as provided in Rule 14. 146.4 A report of a committee of conference must be approved by a majority vote of the entire membership of the committee before the report may be transmitted to either the Senate or the House. 146.5 After a committee of conference has been in existence for five days and has failed to make a report to the House on the question under consideration, the House, on motion and by a majority vote of all members elected to the House, may discharge the House conferees and direct the Speaker to appoint another committee of conference. However, during the last five days of the session such motions may be made and passed at any time, but not more often than every three hours. 146.6 All reports of committees of conference shall be printed and distributed to the Representatives at least one hour prior to consideration of the same unless such requirement is dispensed with by a majority vote of all members elected to the House. 146.7 All reports of committees of conference must be adopted by the vote required to pass the bill, resolution, or matter under consideration. The report of a committee of conference shall not be subject to amendment or substitution by the House and can only be adopted or rejected as reported by the committee of conference. Any report of a committee of conference which is amended or substituted for by the Senate shall be considered by the House as having been rejected by the Senate.
ENACTMENT
Rule 147. The Speaker may recognize any member at any time for the purpose of asking unanimous consent: (1) to introduce new matter, (2) to recommit a bill or resolution, or (3) to withdraw a bill or resolution from one committee and recommit it to another.

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Rule 148. 148.1 The Speaker shall not recognize any member at any time, except during the first thirty minutes after the confirmation of the journal, for the purpose of asking unanimous consent: (1) to read any bill or resolution the second time or any local bill or resolution or (2) to put any local bill or resolution upon its passage. 148.2 The Speaker shall not recognize any member at any time for the purpose of asking unanimous consent to put any general bill or resolution upon its passage or to read such bill or resolution and recommit it. 148.3 The Speaker shall not recognize any member at any time for the purpose of asking unanimous consent to cast such member's vote on any motion, resolution, amendment, bill, or other question. 148.4 The Speaker shall entertain only one unanimous consent at any one time.
Rule 149. Any bill or resolution may be withdrawn at any time by unanimous consent of the House or by a majority vote of all the members to which the House is entitled.
Rule 150. No bill or resolution shall be transmitted to the Senate on the day of the passage thereof except by unanimous consent or unless a majority voting, provided the total vote constitutes a quorum, shall so order. However, any bill or resolution which requires action by the Senate, on the last day the Senate will accept a House bill and during the last three legislative days, shall be immediately transmitted by the Clerk to the Senate after the period for reconsideration has expired.
Rule 151. All Acts and joint resolutions shall be signed by the Speaker and Clerk, and all writs, warrants, and subpoenas issued by order of the House shall be signed by the Speaker and attested by the Clerk.
ADJOURNMENT
Rule 152. The motion to adjourn may be made at any time when the movant can legitimately obtain the floor.
Rule 153. A motion to adjourn may be made after the motion for the previous question has been sustained. However, when the main question has been ordered, no motion to adjourn is in order; nor shall any motion to adjourn be in order after the Clerk has called the first name of the yeas and nays and a vote of one member has been given, or after the Speaker has ordered the roll-call system unlocked for voting, or after a division of the House has been had on a vote and the vote is in process of being counted and announced. In such cases the roll call shall be completed, the vote counted, and the result finally announced before a motion to adjourn shall be in order.
Rule 154. A motion to adjourn is in no instance debatable, nor shall a motion to adjourn be made a second time until further progress has been made in the business

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before the House. A motion to adjourn in its simple form shall not be amended.
Rule 155. A motion to adjourn to a particular day or for a particular time, if made when the House is not actually engaged in other business, is debatable and is amendable as to the day or time proposed.
Rule 156. When a motion to adjourn in its simple form prevails, it adjourns the House to the next legislative day.
Rule 157. Whenever the hour of adjournment, as fixed by a prior resolution, shall arrive after the report of the committee has been agreed to, the session shall continue until the final vote is taken and announced.
Rule 158. At the time of adjournment, no member shall leave his seat until the Speaker leaves the chamber.
CONTESTS
Rule 159. 159.1 All contests to the seating of any person elected as a member of the House of Representatives shall be filed with the Clerk of the House. 159.2 When a contest is filed, the Clerk shall report the contest to the Speaker who shall refer it to the Committee on Rules. The committee shall convene as soon as possible and, after notifying the person whose seat is contested, shall proceed to resolve the contest and file its actions with the Clerk. The action of the committee shall be considered the action of the House until the next legislative day, at which time the House shall affirm or reverse the committee or take such other action thereon as it sees fit. 159.3 In all contests, the person whose seat is contested shall have notice and opportunity to be heard, the right of counsel, and the right to compulsory process for the production of evidence in his or her behalf. 159.4 Contests will only be received or recognized by the Clerk when filed by a person duly certified as having been elected to the House or by a person who was a candidate for such contested seat in the election held to fill the seat. No person may file a contest to more than one seat.
PAGES
Rule 160. Each member of the House shall be allowed a maximum of ten (10) page days during each annual session. One page day shall be deemed to be utilized by the service of one page. Said ten page days may be utilized on one legislative day or on separate legislative days in the discretion of the member. No one who is not at least 12 years of age shall be eligible to serve as a page. A member must make a reservation for

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each page at least one week prior to the date on which the member wishes such page to serve.
PRIVILEGED RESOLUTIONS
Rule 161. The Clerk of the House shall mail not more than two copies of any privileged resolution which is adopted by the House. If the author or authors of any such resolution desire additional copies to be mailed, such author or authors shall bear the cost thereof.
Rule 162. No member shall introduce, without paying the full costs thereof, more than ten privileged resolutions during any one session of the General Assembly.
LEGISLATIVE OFFICES
Rule 163. Offices for members of the House of Representatives shall be assigned by the Speaker.
ETHICS COMMITTEE
Rule 164. The Committee on Ethics shall have the following powers and duties: 164.1 Upon the filing of a complaint, to conduct through its preliminary inquiry subcommittee a preliminary investigation of any allegation of unethical or improper conduct on the part of any member of the House of Representatives or any employee of the House of Representatives, as follows:
(A) Any member of the House of Representatives or any employee of the House of Representatives may file a complaint alleging unethical or improper conduct. Any such complaint shall be in writing and the complainant shall sign the complaint under oath that the allegations of the complaint are true and correct to the best of the complainant's knowledge and belief. Any such complaint shall be presented by the complainant to the chairman of the committee, unless the complaint calls into question the conduct of the chairman in which case it shall be transmitted to the appropriate officer to appoint a replacement for the chairman, as provided for in Rule 169; (B) Unless otherwise requested by the subject of a complaint, the complaint shall remain confidential until and unless otherwise provided for in these rules. The complainant, the committee, and all committee members and staff shall maintain the confidentiality of the complaint and proceedings thereon. Such confidentiality shall extend to and include the filing and existence of the complaint, as well as the subject matter of the complaint and the actions of the committee or subcommittee with respect to the complaint; (C) The Majority Leader, the Minority Leader, the Majority Whip, and the Minority Whip shall constitute a preliminary inquiry subcommittee for the initial consideration

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and preliminary investigation of any complaint, unless the complaint calls into question the conduct of one of those members in which case a replacement shall be appointed as provided for in Rule 169. The subcommittee shall consider all complaints filed and shall by a majority of its four members determine whether the complaint and preliminary investigation disclose substantial evidence of unethical or improper conduct on the part of the person or persons named in the complaint. For this purpose, substantial evidence shall not include hearsay which would be inadmissible in a court of record. Such determination may be made at a meeting of the subcommittee, by conference, by telephone or other electronic means, or without meeting or conference in a writing subscribed by a majority of the members of the subcommittee. Where the subcommittee does not by a majority vote of its four members determine the existence of such substantial evidence, such determination shall be a final disposition of the complaint and this matter and the full committee shall take no further action on the complaint; (D) Where the subcommittee does not by a majority vote of its four members determine the existence of such substantial evidence, the complaint and proceedings thereon shall remain confidential unless the subject of the complaint requests that the matter be made public, in which case such request shall be complied with. Where the subcommittee does determine the existence of such substantial evidence, the matter may remain confidential or be disclosed by the subcommittee or the full committee, as provided in Rule 166; 164.2 To conduct further investigation and hold hearings where the preliminary inquiry subcommittee has determined that a complaint and preliminary investigation disclose substantial evidence of unethical or improper conduct on the part of the person or persons named in the complaint; 164.3 Through action of the preliminary inquiry subcommittee, the full committee, or chairman of the full committee, to retain the services of paid or unpaid counsel or investigators or both for the purpose of conducting preliminary investigations and investigations and presenting matters to the subcommittee or committee; 164.4 To hold hearings upon and report to the full House with respect to any resolution calling for the punishment of a member of the House for disorderly behavior or misconduct, as provided for in Article III, Section IV, Paragraph VII of the Constitution; and upon its introduction any such resolution shall be referred to the Committee on Ethics; 164.5 To cause to be introduced a resolution calling for the punishment of a member of the House for disorderly behavior or misconduct in any case in which no such resolution has previously been introduced and an investigation by the committee has resulted in a finding by clear and convincing evidence that such disorderly behavior or misconduct has occurred; 164.6 To report to the appropriate law enforcement agency in any case in which an investigation by the committee has resulted in a finding of probable cause to believe that a criminal offense has been committed;

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164.7 To report to the Speaker of the House, the Clerk of the House, the Legislative Services Committee, or any other officer or agency of the General Assembly in any case in which an investigation by the committee has resulted in a finding of probable cause to believe that disciplinary action should be instituted against an employee of such officer or committee; and 164.8 To issue advisory opinions with respect to ethical and proper conduct on the part of members and employees of the House of Representatives, as follows:
(A) An advisory opinion may be requested by any member of the House, by any person who has been elected to membership in the House, or by any employee of the House. Any such request shall be in writing and shall contain a full statement of the material facts; (B) An advisory opinion is binding on the committee in any proceedings concerning the facts and circumstances of the particular case unless material facts were omitted or misstated in the request for the opinion; and (C) Any request for and issuance of an advisory opinion shall be confidential except that:
(i) All advisory opinions shall be prepared in a form which does not identify the person requesting the opinion and in such form shall be compiled and made available to members and employees of the House for their reference and guidance; (ii) A particular advisory opinion shall be made public upon request of the member or employee who requests or requested that particular advisory opinion; (iii) If a particular advisory opinion issued to a member or employee is relevant to a complaint against the member or employee who requested that opinion, then the committee may make that opinion open to the public under the standards of Rule 167; and (iv) No person may bring a complaint against another person based solely upon information voluntarily given to the committee by such other person in connection with a good faith request by such other person for an advisory opinion. The committee may not use information so given in good faith against the person requesting an advisory opinion. The committee may, however, act on a complaint concerning the subject of a request for an advisory opinion where the information on which the complaint is based or the information on which the committee acts was derived from another source, even if that information was also submitted with the request for an advisory opinion. 164.9 Any of the actions provided for in Rules 164.4 through 164.8 shall be taken only by the affirmative vote of at least eight members of the committee. Any other action of the committee including a decision not to issue an advisory opinion may be taken by vote of a majority of a quorum of the committee. The chairman may vote on any matter coming before the committee.
Rule 165. The Committee on Ethics shall be composed of a chairman who shall be appointed by the Speaker of the House; the Speaker Pro Tempore; the Majority Leader;

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the Majority Whip; the Majority Caucus Chairman; the Majority Caucus Vice Chairman; the chairman of the Committee on Judiciary; the Minority Leader; the Minority Whip; the Minority Caucus Chairman; and the Minority Caucus Secretary.
Rule 166. The Committee on Ethics is deemed to simply be a committee of the House, and neither it nor any staff or material in its possession shall be deemed to be a public office or records of a public office; provided, however, the committee may by rule provide for the release of information or documents received by it in the course of the performance of its duties and, when so released, such shall be deemed to be a report of its proceedings. This committee is created and shall be construed to function in furtherance of the power conferred upon the House by Article III, Section IV, Paragraph VII of the Constitution of this state.
Rule 167. 167.1 The committee is authorized to provide its rules of procedure, including a determination on a case-by-case basis of when its meetings shall be open to the public. Subject to the provisions of these rules which mandate initial confidential treatment of complaints and preliminary investigations, such determination shall be made on the basis of balancing the need for openness in government with the need to preserve confidential sources of information, the need to protect the privacy rights of parties or witnesses, the need to secure the integrity of the committee's investigation, or any other compelling need for confidentiality. Notwithstanding the foregoing, if the person whose conduct is in issue, or all such persons if more than one, demands same in writing, the meetings shall be open to the public. This portion of this rule and any rule of the committee made pursuant to the authority herein granted shall be deemed a rule of the House as authorized by Article III, Section IV, Paragraph XI of the Constitution of this state. Members and staff of the House shall have an affirmative duty to protect the confidentiality of proceedings and material designated as confidential by the committee. The committee may in its proceedings require the attendance and testimony of witnesses and the production of documents and materials. 167.2 The committee or subcommittee may in its discretion postpone any investigation or proceeding when the committee or subcommittee deems such action advisable because of the existence of a related judicial proceeding or criminal investigation.
Rule 168. Any member of the House or other person who is the subject of a complaint to or investigation by the committee or subcommittee shall have the following rights in all proceedings of the committee or subcommittee: (1) the right to prompt, full, and adequate notice of the charges against such person, including notice of the filing of any complaint and the commencement of any preliminary investigation, and the time and place of all proceedings to be conducted thereon; (2) the right to representation by counsel; (3) the right to cross-examine the witnesses called by the committee or preliminary inquiry subcommittee; (4) the right to present witnesses and evidence; and

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(5) upon request, the right to require, through the same process used by the committee or subcommittee, the attendance of witnesses and the production of documents and materials. The manner of securing such rights shall be as determined by the committee or subcommittee before which the proceedings are pending.
Rule 169. In any matter which calls into question the conduct of any officer or member of the committee, such officer or member shall recuse himself or herself from the proceedings of the committee and a replacement for such officer or member shall be appointed by the Speaker of the House, unless the conduct of the Speaker is also called into question. If the conduct of the Speaker is also called into question, any replacement officer or member shall be appointed by the Clerk of the House, unless the conduct of the Clerk is also called into question. If the conduct of both the Speaker and the Clerk is called into question, any replacement officer or member shall be appointed by a majority of those chairmen of standing committees whose conduct is not called into question in the matter. Any replacement officer or member of the committee shall be of the same political party as the officer or member to be replaced and shall be appointed from a list of three names submitted by the remaining members of the Ethics Committee who are of the same party as the officer or member to be replaced.
Rule 170. These rules shall not be retroactive to matters occurring prior to their adoption. Otherwise, the Committee on Ethics shall not have jurisdiction to investigate or act upon conduct occurring prior to the then present or next most recent term. Term shall mean the two-year term served by members of the House.
Rule 171. Members and employees of the House shall conform to the following standards of ethical and proper conduct. Such standards shall not be exclusive of other lawfully imposed standards of conduct for members and employees of the House: 171.1 No member or employee of the House shall unlawfully use his or her office or official position for personal financial gain, and each member or employee shall be entitled to compensation for his or her official duties only to the extent of pay and allowances attaching to such office or position or as is otherwise authorized by law. Nothing in these rules, however, shall be construed to prevent a member or employee from lawfully pursuing his or her business or profession or to limit ordinary and necessary communications in the pursuit thereof while serving in an official capacity; 171.2 No member or employee of the House shall use state funds, facilities, equipment, services, or other state resources for nonlegislative purposes, for the private benefit of any person, or for the purpose of soliciting campaign funds. This paragraph does not prohibit:
(A) Limited use of public resources for personal purposes if the use does not interfere with the performance of public duties by a member or employee of the House and the cost or value related to the use is nominal; (B) The use of mailing lists, computer data, or other information lawfully obtained from public resources and available to the general public for nonlegislative purposes;

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(C) Telephone, facsimile or other communications use that arises out of or in connection with the member's ordinary course of business; (D) A member's use of the member's Capitol or Legislative Office Building office facilities for nonlegislative purposes if the use does not interfere with the performance of public duties by the member and there is no cost to the state for such use other than utility costs and normal wear and tear; (E) The storing and maintenance of campaign finance and election records in legislative offices; (F) Normal and customary caucus activities; or (G) Any other use that is not inconsistent with public service; 171.3 No member or employee of the House shall knowingly seek, accept, use, allocate, grant, or award public funds for a purpose other than that approved by law or make a false statement in connection with a claim, request, or application for public funds; 171.4 No member or employee of the House shall directly or indirectly: (A) Perform or withhold, or state or imply that the member or employee will perform or withhold, any official action solely as a result of a person's decision to provide or not provide a political contribution; or (B) Perform or withhold, or state or imply that the member or employee will perform or withhold, any constituent service solely as a result of a person's decision to provide or not provide a political contribution; 171.5 No member or employee of the House shall improperly retaliate against any state employee or any other person for reporting to any appropriate authority any conduct which such person believes to be unlawful or improper; 171.6 Sexual harassment is prohibited and shall subject the offender to possible sanctions, penalties, or legal action. Sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature shall constitute sexual harassment when: (A) submission to such conduct is made explicitly or implicitly a term or condition of an individual's employment; or (B) submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting an individual; or (C) such conduct interferes with an individual's work performance or creates an intimidating, hostile, or offensive work environment; 171.7 No member or employee of the House shall knowingly violate any rule of the House, including without limitation the provisions of these rules relating to confidentiality of proceedings of the Committee on Ethics; and 171.8 No member or employee shall commit any felony or crime involving moral turpitude which felony or other crime is related to the member's or employee's service as a public officer or employee.
Rule 172. 172.1 The Committee on Ethics may undertake activities appropriate to educate members of the House with respect to proper and ethical conduct. The committee shall provide for the annual compilation, publication, and distribution of a manual or handbook

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containing relevant provisions of these rules and laws relevant to proper and ethical conduct of members and employees. 172.2 All persons who are newly elected to the House in the year 2000 or thereafter who have not previously served in the House shall complete a course of training relating to proper and ethical conduct of members. Such course may be completed at the Biennial Institute for Legislators or on other appropriate occasions. The Committee on Ethics shall cooperate with the Georgia General Assembly Training Institute and the Carl Vinson Institute of Government of the University of Georgia in making such training available to newly elected members and other members of the House. The failure of a member to take the training provided for in this rule shall not prevent the member from taking office or serving as a member of the House.

Rule 173. It is the policy of the House of Representatives that each candidate seeking nomination and election to the House of Representatives is urged to submit the results of a voluntary, established drug test conducted in accordance with the requirements of Code Section 21-2-140 of the Official Code of Georgia Annotated as such Code section existed on January 1, 1993, to the officer with whom such candidate qualifies stating that such candidate has been voluntarily tested for illegal drugs within 30 days prior to qualifying for nomination or election and that the results of such test are negative.

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

N Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard Y Barnes Y Bearden N Beasley-Teague N Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges N Brooks Y Brown N Bruce N Bryant N Buckner, D E Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter

Y Crawford E Cummings Y Davis Y Day N Dean Y Dickson Y Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene

N Holmes Y Holt Y Horne Y Houston N Howard Y Hudson N Hugley N Jackson Y Jacobs N James Y Jamieson Y Jenkins Y Jennings N Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown N Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis

Y Maxwell Y May Y McCall N McClinton Y Meadows Y Millar Y Miller Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal
Orrock Y Parham Y Parrish Y Parsons N Porter Y Powell Y Ralston

N Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker

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Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K Y Heckstall Y Hembree N Henson Y Hill, C
Hill, C.A

Y Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin

N Randall Y Ray N Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

N Warren N Watson Y Wilkinson E Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Richardson, Speaker

On the adoption of the Resolution, the ayes were 123, nays 50.

The Resolution was adopted.

The following Resolution was read and adopted:

HR 12. By Representative Keen of the 179th

A RESOLUTION

Relative to officials, employees, and committees in the House of Representatives; and for other purposes.

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the following provisions shall be in effect during the 2005 regular session of the General Assembly of Georgia and for the duration of this General Assembly and until otherwise provided for by resolution of the House:

PART 1. SECTION 1-1.

Subject to the availability of funds appropriated or otherwise available for the House of Representatives and House Research Office, the Speaker of the House is authorized to employ on behalf of the House of Representatives: a sergeant-at-arms, a postmaster or postmistress, assistant postmasters or assistant postmistresses, assistant doorkeepers, pages, aides, secretaries, stenographers, typists, clerks, porters, court reporters, consultants, and other necessary personnel; and the Speaker is authorized to provide for a House Research Office and to employ personnel for said office. The numbers and compensation of personnel so employed pursuant to this section shall be fixed by the Speaker within the limitations of funds appropriated or otherwise available for the operation of the House of Representatives and the House Research Office. Personnel employed pursuant to this section may be employed on a permanent or temporary basis and on a part-time or full-time basis, as may be determined by the Speaker. The

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assignment and duties of personnel employed pursuant to this section shall be as determined by the Speaker; and any such personnel may be assigned to House officers, committees, committee officers, caucuses, and caucus officers as deemed appropriate by the Speaker, including without limitation assignment of aides to the Speaker Pro Tempore, the Majority Leader, and the Minority Leader.
SECTION 1-2. The Speaker is also authorized to secure the services of chaplains and interns and provide expense reimbursement allowances for them within the limitations of funds appropriated or otherwise available.
SECTION 1-3. The Doorkeeper of the House and the Messenger of the House, who are elected by the House, shall be compensated in an amount to be fixed by the Speaker of the House.
PART 2. SECTION 2-1.
Subject to the availability of funds appropriated or otherwise available for the Clerk of the Houses office, the Clerk of the House is authorized to employ for the Clerks office: assistant clerks, reading clerks, calendar clerks, journal clerks, secretaries, copy readers, typists, Multilith operators, Xerox operators, collator operators, porter-machinists, rollcall operators, clerical assistants, terminal operators, camera operators, supply and mail clerks, document distributors, audio operators, porters, personnel to distribute bills and other materials for members, and other necessary personnel. The numbers and compensation of personnel employed pursuant to this section shall be fixed by the Clerk within the limitations of funds appropriated or otherwise available for the operation of the Clerk of the Houses office. Personnel employed pursuant to this section may be employed on a permanent or temporary basis and on a part-time or full-time basis, as may be determined by the Clerk. The assignment and duties of personnel employed pursuant to this section shall be as determined by the Clerk.
SECTION 2-2. Pursuant to the provisions of Code Section 28-3-23 of the Official Code of Georgia Annotated, the salary of the Clerk of the House shall be the same amount the Clerk was receiving at the time of adoption of this resolution by the House. In addition to that amount, the Clerk shall also receive the same percentage salary increase provided in the General Appropriations Act for employees of the legislative branch of state government. During the Clerks tenure of office, he or she shall also receive the same expense allowance and the same mileage allowance or travel allowance as received by members of the General Assembly for each day of service rendered by the Clerk.
PART 3.

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SECTION 3-1.
Subject to the availability of funds appropriated or otherwise available for the operation of the Speaker of the Houses Office, the Speaker of the House is authorized to employ interns, aides, secretaries, stenographers, typists, consultants, and other necessary personnel. The numbers and compensation of personnel employed pursuant to this section shall be fixed by the Speaker within the limitations of funds appropriated or otherwise available for the operation of the Speaker of the Houses Office. Personnel employed pursuant to this section may be employed on a permanent or temporary basis and on a part-time or full-time basis as may be determined by the Speaker. The assignment and duties of personnel employed pursuant to this section shall be as determined by the Speaker.
PART 4. SECTION 4-1.
During any day or period of time during which the General Assembly is not in session, including without limitation any day or period of adjournment during a regular or special session, each of the following officers shall be a committee of one for each day spent on official business: The Speaker of the House, the Speaker Pro Tempore, the Majority Leader, the Majority Whip, the Minority Leader, the Minority Whip, the Administration Floor Leader, and the Assistant Administration Floor Leaders. For each such day spent on official business each of such officers shall receive the expense, mileage, and travel allowances authorized by law for members of interim committees, provided that the Assistant Administration Floor Leaders shall receive such expense, mileage, and travel allowances only upon the authorization and approval of vouchers by the Administration Floor Leader.
SECTION 4-2. (a) During any day or period of time during which the General Assembly is not in session, including without limitation any day or period of adjournment during a regular or special session, each member of the House of Representatives is designated as a committee of one for the purpose of carrying out legislative duties only within the State of Georgia. For each such day of service, each member shall receive the expense, mileage, and travel allowances authorized by law for legislative members of interim legislative committees but shall not receive the same for more than seven days each year. (b) In addition to the days provided for in subsection (a) of this section and without counting towards the limit specified in said subsection (a), each member of the House is designated as a committee of one for the purpose of carrying out legislative duties on any weekday which: (1) is a one day recess or adjournment during a regular session; and (2) occurs after Monday and prior to Friday. For each such day of service, each member shall receive the expense and travel allowances (not including mileage which shall be covered

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by the weekly round trip) for legislative members of interim legislative committees, if such member has engaged in legislative business on that day, but not otherwise.
SECTION 4-3. Pursuant to the provisions of law, in addition to any other compensation they receive as members of the General Assembly, the Majority Leader, the Minority Leader, and the Administration Floor Leader each shall receive an amount of $2,400.00 per annum, as salary, to be paid in equal monthly or semimonthly installments. Each of the Assistant Administration Floor Leaders shall likewise receive an amount of $1,200.00 per annum, as salary, to be paid in equal monthly or semimonthly installments. Prior to serving as Administration Floor Leader or as an Assistant Administration Floor Leader, a Representative must be certified as such by the Governor in writing to the Speaker of the House and the Clerk of the House.
PART 5. SECTION 5-1.
During any period or day of adjournment during a regular or special session, the Speaker is empowered to give authorization for standing committees of the House and such other committees as the Speaker might create to remain at the Capitol during any such period of time for the purpose of considering and studying proposed legislation and other matters. Members of such committees as shall be designated by the Speaker to remain at the Capitol shall receive the expense, mileage, and travel allowances authorized by law for members of interim committees.
SECTION 5-2. The Speaker is authorized to appoint committees from the members of the House to serve as interim legislative study committees and for the purpose of performing such duties as the Speaker shall deem necessary. Such committees are authorized to serve during the interim and the members thereof shall receive the expense, mileage, and travel allowances authorized by law for legislative members of interim legislative committees. The Speaker shall designate the chairperson of any such committee and shall prescribe the time for which any such committee is authorized to function. The Speaker is authorized to extend the time allowed for any committee, whether the committee is created by resolution or by the Speaker. The Speaker is authorized to designate standing committees or any subcommittee thereof to function during the interim for the purpose of performing such duties as the Speaker shall deem necessary. The members of any such committee or subcommittee shall receive the expense, mileage, and travel allowances authorized by law for legislative members of interim legislative committees.
PART 6. SECTION 6-1.

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The funds necessary to carry out the provisions of Parts 1, 4, and 5 of this resolution shall come from funds appropriated or otherwise available for the operation of the House of Representatives and House Research Office. The funds necessary to carry out the provisions of Part 2 of this resolution shall come from funds appropriated or otherwise available for the operation of the Clerk of the Houses office. The funds necessary to carry out the provisions of Part 3 of this resolution shall come from funds appropriated or otherwise available for the operation of the Speaker of the Houses Office.
SECTION 6-2. Any personnel employed pursuant to this resolution shall serve at the pleasure of the appointing authority; and any such personnel may be discharged by the appointing authority with or without cause.
SECTION 6-3. This resolution shall take effect immediately upon its adoption by the House of Representatives.
The next order of business being the election of a Doorkeeper of the House for the 2005-2006 term, Representative Keen of the 179th placed in nomination the name of the Honorable Barbara Bunn, which nomination was seconded by Representative Mills of the 25th.
Representative Keen of the 179th moved that the nominations be closed and that the Clerk of the House be instructed to cast the entire vote of the membership present for the nominee. The motion prevailed and on the election of the Doorkeeper of the House, the Honorable Barbara Bunn received the entire vote of the membership present.
The Honorable Barbara Bunn was thereby declared elected Doorkeeper of the House for the ensuing term.
The Honorable Barbara Bunn was escorted to the Speaker's stand where she expressed her appreciation to the members for having elected her as Doorkeeper of the House of Representatives.
The next order of business being the election of a Messenger of the House for the 2005-2006 term, Representative Ehrhart of the 36th placed in nomination the name of the Honorable Roger Hines, which nomination was seconded by Representative Fleming of the 117th.
Representative Keen of the 179th moved that the nominations be closed and the Clerk of the House be instructed to cast the entire vote of the membership present for the nominee. The motion prevailed and on the election of the Messenger of the House, the Honorable Roger Hines received the entire vote of the membership present.

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The Messenger was escorted to the Speaker's stand where he expressed his appreciation to the members for having elected him as Messenger of the House of Representatives.

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 3.

By Senators Johnson of the 1st, Stephens of the 27th, Brown of the 26th and Balfour of the 9th:

To notify the House of Representatives that the Senate has convened; and for other purposes.

SR 4.

By Senators Johnson of the 1st, Stephens of the 27th, Brown of the 26th and Balfour of the 9th:

To notify the Governor that the General Assembly has convened; and for other purposes.

The President appointed as a Committee of Notification the following Senators: Stephens of the 27th, Brown of the 26th, Seabaugh of the 28th, Unterman of the 45th, Starr of the 44th, Seay of the 34th and Rogers of the 21st.

The following Resolution of the Senate was read and adopted:

SR 4.

By Senators Johnson of the 1st, Stephens of the 27th, Brown of the 26th and Balfour of the 9th

A RESOLUTION

To notify the Governor that the General Assembly has convened; and for other purposes.

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

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Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Tuesday, January 11, 2005

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 Dr. Ken Ray, Dallas First United Methodist Church, Dallas, Georgia.

The members pledged allegiance to the flag.

Representative Heard of the 104th, Chairman of the Committee on Information and Audits, 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.

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

HB 8.

By Representatives Oliver of the 83rd, Porter of the 143rd, Hugley of the 133rd, Benfield of the 85th and McClinton of the 84th:

A BILL to be entitled an Act to amend Code Section 45-1-4 of the Official Code of Georgia Annotated, relating to complaints or information regarding fraud, waste, and abuse in state programs and operations, so as to change certain provisions regarding complaints or information regarding fraud, waste, or abuse in state programs and operations; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Judiciary.
HB 10. By Representatives Oliver of the 83rd, Benfield of the 85th, McClinton of the 84th, Drenner of the 86th and Henson of the 87th:
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 that certain statutory privileges shall not be available; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 46. By Representatives Oliver of the 83rd, Benfield of the 85th and Jacobs of the 80th:
A BILL to be entitled an Act to amend Code Section 21-5-41 of the Official Code of Georgia Annotated, relating to maximum allowable contributions, so as to clarify provisions relating to the limitations on maximum allowable contributions by political parties; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ethics.
HB 47. By Representatives Oliver of the 83rd, Porter of the 143rd, Hugley of the 133rd, Benfield of the 85th and Teilhet of the 40th:
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 change provisions relating to operating expenses; to provide for the timely issuance of advisory opinions by the State Ethics Commission and other matters relative to advisory opinions; to change provisions relating to the State Ethics Commission including its administrative attachment to the Secretary of States office; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ethics.

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HB 48. By Representatives Golick of the 34th, Roberts of the 154th and O`Neal of the 146th:
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 change provisions relating to the State Ethics Commission including its administrative attachment to the Secretary of States office; 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 Ethics.
HB 49. By Representative Teilhet of the 40th:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally in state and county correctional institutions, so as to provide that the commissioner of corrections may establish rules and regulations providing that certain inmates in state detention facilities shall pay for the costs of their incarceration; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 50. By Representative Teilhet of the 40th:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to authorize the exchange of national criminal history background checks on providers of care to children, the elderly, and persons with disabilities, including, but not limited to, volunteers with youth sports organizations and other youth activities; to define terms; to provide for conformity with federal law; to provide for rules and regulations; to provide for fees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Human Relations & Aging.

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HB 51. By Representative Teilhet of the 40th:
A BILL to be entitled an Act to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for a senior protection advisory council; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 52. By Representative Teilhet of the 40th:
A BILL To be entitled an Act to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions of labor and industrial relations, so as to provide that an employer shall allow an employee who is a victim of a crime to take unpaid leave to attend judicial proceedings related to the crime; to provide that it shall be unlawful for an employer to penalize an employee who is absent from employment to attend judicial proceedings related to the crime; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 53. By Representatives Powell of the 29th, McCall of the 30th and Jamieson of the 28th:
A BILL to be entitled an Act to regulate interbasin and intrabasin transfers of surface water and ground water; 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 of water withdrawal; to change certain provisions relating to permits to withdraw, obtain, or use ground water; water conservation plans; factors to be considered; notice of official acts; administrative hearings; and judicial review; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 54. By Representatives Powell of the 29th, Rogers of the 26th and McCall of the 30th:
A BILL to be entitled an Act to amend Code Section 12-8-41 of the Official Code of Georgia Annotated, relating to permits for land disposal of septic

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tank waste, so as to provide an exception to such Code section; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 55. By Representatives Powell of the 29th, McCall of the 30th and Jamieson of the 28th:
A BILL to be entitled an Act to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to provide for protection of river basins; to define certain terms; to regulate interbasin transfers of water; to provide for an in-stream flow policy; to provide an exemption; to provide legislative findings and declarations; to provide a short title; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 56. By Representative Powell of the 29th:
A BILL to be entitled an Act to amend Titles 9, 24, 31, and 51 of the O.C.G.A., relating respectively to civil practice; evidence; health; and torts, so as to provide for substantive and comprehensive revision of provisions regarding civil practice, evidentiary matters, and liability in tort actions; to change provisions regarding venue in actions with joint defendants; to provide for legislative findings; to change provisions relating to affidavits accompanying charges of professional malpractice; to create provisions relating to affidavits required to be filed in certain actions involving medical malpractice; to change provisions relating to signing of pleadings and other documents, representations to the court, and sanctions; to create provisions regarding expert opinions in medical malpractice civil actions; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HR 13. By Representatives Ehrhart of the 36th, Fleming of the 117th and Martin of the 47th:
A RESOLUTION designating Dooley-Sanford Stadium on the campus of the University of Georgia; and for other purposes.
Referred to the Committee on Higher Education.

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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 by the requisite constitutional majority the following resolution of the Senate:
SR 13. By Senators Johnson of the 1st, Stephens of the 27th, Brown of the 26th and Balfour of the 9th:
A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes.
The President appointed as a Committee of Escort the following Senators: Brown of the 26th, Stephens of the 27th, Seabaugh of the 28th, Reed of the 35th, Shafer of the 48th, Cagle of the 49th, and Unterman of the 45th.
The following Resolution of the Senate was read and adopted:
SR 13. By Senators Johnson of the 1st, Stephens of the 27th, Brown of the 26th and Balfour of the 9th
A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that His Excellency, Governor Sonny Perdue, is hereby invited to address a joint session of the House of Representatives and the Senate at 8:00 P.M., Wednesday, January 12, 2005, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 7:45 P.M. on the aforesaid date for the purpose of hearing an address from His Excellency, the Governor.

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BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker and seven from the Senate to be named by the President Pro Tempore, be appointed to escort His Excellency, the Governor, to the hall of the House of Representatives.
BE IT FURTHER RESOLVED that the Justices of the Supreme Court and the Judges of the Court of Appeals are hereby extended an invitation to be present at the joint session.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to transmit a copy of this resolution to the Governor, to each Justice of the Supreme Court, and to each Judge of the Court of Appeals.
The following Resolutions of the House were read and adopted:
HR 15. By Representatives Smith of the 70th and Horne of the 71st:
A RESOLUTION recognizing and expressing appreciation to Franoise Gilot and the Centre for Performing and Visual Arts of Coweta County; and for other purposes.
HR 16. By Representative Powell of the 29th:
A RESOLUTION remembering and honoring the life of Tally Cleotis "Quoty" Goldsmith; and for other purposes.
HR 17. By Representative Powell of the 29th:
A RESOLUTION recognizing and commending the extraordinary career of Margie Fitzpatrick on the occasion of her retirement; and for other purposes.
HR 18. By Representative Powell of the 29th:
A RESOLUTION remembering and honoring the life of Charles Lamar Kay; and for other purposes.
HR 19. By Representatives Powell of the 29th and Jamieson of the 28th:
A RESOLUTION remembering and honoring the life of Archie Thomas "A.T." Mauldin; and for other purposes.
HR 20. By Representatives Powell of the 29th and Jamieson of the 28th:

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A RESOLUTION remembering and honoring the life of W. Freddie Lee; and for other purposes.
HR 21. By Representative Ray of the 136th:
A RESOLUTION recognizing and commending Elizabeth Scarborough for her many years of outstanding public service; and for other purposes.
HR 22. By Representative Ray of the 136th:
A RESOLUTION recognizing and commending Mrs. Rozine Britt-Bickel for her outstanding contribution to education; and for other purposes.
HR 23. By Representative Royal of the 171st:
A RESOLUTION commending Louise Nahra; and for other purposes.
HR 24. By Representatives Buckner of the 76th, Dodson of the 75th, Barnes of the 78th, Jordan of the 77th and Sinkfield of the 60th:
A RESOLUTION recognizing and commending Anita L. Thomaston for her outstanding contributions to education; and for other purposes.
Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker Pro Tem announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Wednesday, January 12, 2005

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:

Abdul-Salaam Amerson Ashe Barnard Barnes Bearden Beasley-Teague Benton Black Bordeaux Borders Bridges Brooks Brown Bruce Bryant Buckner, D Buckner, G Burkhalter Burmeister Burns Butler Byrd Carter Casas Chambers Cheokas Coan Cole Coleman, B Coleman, T Cooper Cox

Crawford Cummings Davis Day Dean Dickson Dodson E Dollar Dukes Ehrhart England Epps Fleming E Floyd, H Floyd, J Fludd Forster Franklin Freeman Gardner Geisinger E Golick Graves, D Graves, T Greene Hanner Harbin Hatfield Heard, J Heard, K Heckstall Hembree E Henson

Hill, C Hill, C.A Holmes Holt Horne Houston Howard Hugley Jackson Jacobs James Jamieson Jenkins Jennings Johnson Jones, J Jones, S Jordan Keen Keown Kidd Knight Knox Lakly Lane, B Lane, R Lewis Lindsey Loudermilk Lunsford Maddox Manning Marin

Martin Maxwell May McCall McClinton Meadows Millar Miller Mills Mitchell Morgan Mosby Mumford Murphy, J Murphy, Q Neal Oliver O'Neal Parham Parrish Parsons Porter Powell Ralston Randall Ray Reece, B Reece, S Reese Rice Roberts Rogers Royal

Rynders Sailor Scheid Scott, A Scott, M Setzler Shaw Sheldon Sims, F Smith, L Smith, P Smith, R Smith, T Smith, V Smyre Stephens Stephenson Talton Teilhet Thomas, B Tumlin Walker Warren Watson Wilkinson Willard Williams, A Williams, E Williams, R Wix Yates Richardson, Speaker

The following members were off the floor of the House when the roll was called:

Representatives Anderson of the 123rd, Benfield of the 85th, Channell of the 116th, Drenner of the 86th, Hudson of the 124th, Mangham of the 94th, Morris of the 155th, Orrock of the 58th, Sinkfield of the 60th, Stanley-Turner of the 53rd, and Thomas of the 55th.

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They wish to be recorded as present.
Prayer was offered by the Reverend David Yarborough, Pastor, St. Simons Community Church, St. Simons Island, Georgia.
The members pledged allegiance to the flag.
Representative Heard of the 104th, Chairman of the Committee on Information and Audits, 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.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 1. By Representative Royal of the 171st:
A BILL to be entitled an Act to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to provide for additional acts which shall not constitute a breach of a conservation use covenant; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 6. By Representatives Bridges of the 10th and Day of the 163rd:
A BILL to be entitled an Act to amend Code Section 15-21-2 of the Official Code of Georgia Annotated, relating to payment into county treasuries of fines and forfeitures, so as to provide for payment of certain moneys arising from traffic fines to the Georgia Department of Public Safety for payment into the state treasury; to amend Article 2 of Chapter 13 of Title 40 of the

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Official Code of Georgia Annotated, relating to arrests, trials, and appeals relative to prosecution of misdemeanor traffic offenses, so as to provide for payment of certain moneys arising from traffic fines to the Department of Public Safety for payment into the state treasury; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 13. By Representative Bearden of the 68th:
A BILL to be entitled an Act to amend Code Section 16-6-2 of the Official Code of Georgia Annotated, relating to sodomy and aggravated sodomy, so as to change the age limitation as it relates to the offense of aggravated sodomy; to change certain provisions relating to punishment for aggravated sodomy; to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to provide for the imposition of the death penalty for the offense of aggravated sodomy when the victim is less than 12 years of age; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 16. By Representatives Davis of the 109th, Lunsford of the 110th, May of the 111th, Horne of the 71st and Stephens of the 164th:
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.
Referred to the Committee on Transportation.
HB 24. By Representative Royal of the 171st:
A BILL to be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide for a gradual reduction in the state income tax rate for corporations over a period of years; to abolish the state income tax effective for tax years beginning on or after January 1, 2011; to provide for the collection of income taxes prior to such abolishment; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.

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HB 34. By Representatives Mitchell of the 88th, Brown of the 69th, Rynders of the 152nd, Graves of the 137th, Bruce of the 64th and others:
A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the O.C.G.A., relating to student health, so as to enact the "Georgias Childrens Vision Improvement and Learning Readiness Act of 2005"; to provide for legislative findings; to provide for the State Board of Education to apply for federal funds to develop a state program to provide comprehensive eye examinations for children entering first grade; to require comprehensive eye examinations for all children entering first grade; to provide for the development of program eligibility criteria, a list of providers, a system of provider reimbursement, and a method for evaluation and reporting; to provide for related matters; to provide for an effective date contingent upon specific appropriations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 38. By Representatives Holmes of the 61st, Brooks of the 63rd, Thomas of the 55th, Bruce of the 64th, Heckstall of the 62nd and others:
A BILL to be entitled an Act to amend Code Section 9-13-36 of the Official Code of Georgia Annotated, relating to transfer of execution upon payment, status of transferee, and recording necessary to preserve lien, so as to prohibit the sale of tax executions and to make the sale of such tax executions unlawful; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 39. By Representatives Holmes of the 61st, Orrock of the 58th, Brooks of the 63rd, Thomas of the 55th, Bruce of the 64th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 50 of the O.C.G.A., relating to the Department of Community Affairs, so as to create the Council on Affordable Housing; to provide for its membership, officers, duties, and responsibilities; to provide for filling vacancies on the council; to require counties and municipalities to provide their fair share of affordable housing opportunities within their communities; to provide for certain incentives; to provide for regional contribution agreements; to provide for the submission, review, and certification of plans; to provide for mediation and certain hearings under certain circumstances; to provide for certain protections for approved plans; to provide for certain presumptions; to provide for certain

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assistance in housing; to provide for certain reports to the General Assembly; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HB 40. By Representatives Holmes of the 61st, Brooks of the 63rd, Thomas of the 55th, Bruce of the 64th, Dean of the 59th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to require the purchaser of property at a tax sale to make a quitclaim deed to the defendant in fi. fa. within 15 days after the property is redeemed; to require certain purchasers of property at tax sales to have reasonably accessible offices within the county in which the property is purchased; to provide for criminal penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 41. By Representatives Holmes of the 61st, Brooks of the 63rd, Bruce of the 64th, Heckstall of the 62nd, Jones of the 44th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to change provisions for calculating the minimum amount of local expenditures for education required in order to participate in the Quality Basic Education Program; to provide definitions; to change provisions relating to the local five mill share; to provide for the relationship between the new minimum expenditures and the five mill share; to provide for the effect of the new minimum expenditures on the state funds allocated to local school systems; to provide for reducing the amount of state funds allotted to a local school system in certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 42. By Representatives Floyd of the 99th and Marin of the 96th:
A BILL to be entitled an Act to amend Code Section 36-66-5 of the Official Code of Georgia Annotated, relating to adoption of hearing policies and procedures and standards for the exercise of zoning power, so as to require

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investigation, reports, and consideration of effects of zoning decisions on local school systems; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 45. By Representative Bearden of the 68th:
A BILL to be entitled an Act 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 regulate the sale of products used in the preparation of methamphetamine; to provide for a definition; to prohibit certain activities with respect to such products; to provide for criminal penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 57. By Representative Powell of the 29th:
A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to protect physicians and medical professionals involved in state ordered executions from challenges to their licensure solely on the basis of their participation in such executions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 58. By Representative Powell of the 29th:
A BILL to be entitled an Act to enact the "Working Against Recidivism Act"; to provide a short title and legislative findings; to amend Chapters 1, 5, and 10 of Title 42 of the O.C.G.A., relating respectively to general provisions relative to penal institutions, state and county correctional institutions, and correctional industries, so as to authorize work programs employing inmates as voluntary, paid labor for privately owned profit-making employers producing goods, services, or goods and services for sale to public or private purchasers under certain circumstances; to provide for rules and regulations; to provide for federal certification and state operation of such programs; to provide for compensation for state costs and use of state resources; to provide for compliance with federal law; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on State Institutions & Property.
HB 59. By Representative Ehrhart of the 36th:
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 change provisions relating to the prohibition of local government wage and employment benefit mandates; to provide that no local government entity may through its purchasing or contracting procedures seek to control or affect the wages or employment benefits provided by its vendors, contractors, service providers, or other parties doing business with the local government entity; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
HB 60. By Representative Powell of the 29th:
A BILL to be entitled an Act to amend Title 42 of the O.C.G.A., relating to penal institutions, so as to create the Department of Probation/Parole Community Based Supervision; to provide for the responsibilities of the department with respect to supervision of probationers and parolees; to transfer responsibility of certain functions of probation and parole supervision to the department; to provide for the selection, service, and powers and duties of the director and employees of the department; to provide for administration; to authorize appropriation of funds; to provide for transfer of prior appropriations; to provide for transfer of personnel, equipment, and facilities; to amend Title 16 of the O.C.G.A.; to amend Title 17 of the O.C.G.A.; to amend Titles 19, 40, and 45 of the O.C.G.A.; 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 Intragovernmental Coordination.
HB 61. By Representatives Powell of the 29th, Jamieson of the 28th and Morris of the 155th:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide that, in primaries, electors may select by each individual office in which primary they choose to vote; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Governmental Affairs.
HB 62. By Representatives Powell of the 29th, Jamieson of the 28th, Roberts of the 154th and Morris of the 155th:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide that the General Assembly by local law may provide for the nonpartisan election of clerks of the superior court, sheriffs, tax receivers, tax collectors, and tax commissioners; to provide for the qualifying for such offices; 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.
HB 63. By Representatives Powell of the 29th and Jamieson of the 28th:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the nonpartisan election of clerks of the superior court, sheriffs, tax receivers, tax collectors, and tax commissioners; to provide for the qualifying for such offices; 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.
HB 64. By Representative Powell of the 29th:
A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, so as to change the sentence lengths for persons sentenced to probation detention and diversion centers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 65. By Representative Powell of the 29th:
A BILL to be entitled an Act to amend Title 42 of the O.C.G.A., relating to penal institutions, so as to create the division of probation/parole community based supervision; to provide for the responsibilities of the division with respect to supervision of probationers and parolees; to transfer responsibility of certain functions of probation and parole supervision to the division; to

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provide for the selection, service, and powers and duties of the director and employees of the division; to amend Title 16 of the O.C.G.A., relating to crimes and offenses, to correct cross-references; to amend Title 17 of the O.C.G.A.; to amend Titles 19, 40, and 45 of the O.C.G.A.; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 66. By Representatives Powell of the 29th and Benton of the 31st:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the 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; 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.
HB 67. By Representative Ehrhart of the 36th:
A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to state government in general, so as to provide for neutrality of state law with respect to freedom of decision to provide or not provide certain benefits to unmarried persons; to provide that state and local government entities shall comply with such policy of neutrality; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 68. By Representatives Shaw of the 176th and Houston of the 170th:
A BILL to be entitled an Act to amend an Act incorporating the City of Ray City, approved March 17, 1960 (Ga. L. 1960, p. 2473), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4040), so as to provide for staggered, four-year terms for the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

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HB 69. By Representatives Holmes of the 61st, Orrock of the 58th, Brooks of the 63rd, Thomas of the 55th, Bruce of the 64th and others:

A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the O.C.G.A., relating to the University System of Georgia, so as to establish the Multidisciplinary Center for Affordable Housing; to provide for its purposes; to provide for certain reports; to amend Chapter 6 of Title 48 of the O.C.G.A.; to amend Chapter 26 of Title 50 of the O.C.G.A., relating to the Georgia Housing and Finance Authority, so as to create the Georgia Housing Trust Fund, Housing Predevelopment Program, the Low-Income Citizens Emergency Home Repair Program, the State Apartment Incentive Loan Program, the Georgia Home Ownership Assistance Program, the Georgia Affordable Housing Guarantee Program, and the State Housing Initiatives Partnership Program; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

HR 1. By Representative Royal of the 171st:

A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general or local law for limitations upon the rate of increase of the ad valorem tax millage rate and value of property for certain purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Ways & Means.

HR 3. By Representative Royal of the 171st:

A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general or local law for limitations upon the rate of increase of the ad valorem tax millage rate and value of property for certain purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Ways & Means.

HR 5.

By Representatives Cox of the 102nd, Casas of the 103rd, Davis of the 109th, Lunsford of the 110th, Coan of the 101st and others:

A RESOLUTION urging the United States Congress to enact H.R. 25, the Fair Tax Act; and for other purposes.

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Referred to the Committee on Ways & Means.

HR 8.

By Representatives Davis of the 109th, England of the 108th, Lunsford of the 110th, Stephens of the 164th, Tumlin of the 38th and others:

A RESOLUTION urging the National Collegiate Athletic Association to develop and implement a Division I-A football playoff system; and for other purposes.

Referred to the Committee on Interstate Cooperation.

HR 14. By Representatives Casas of the 103rd, Cox of the 102nd, Rice of the 51st and Dollar of the 45th:

A RESOLUTION requesting that the United States Congress work to pass legislation allowing hybrid or alternative fueled passenger vehicles to use high occupancy vehicle (HOV) lanes; and for other purposes.

Referred to the Committee on Interstate Cooperation.

HR 25. By Representatives Jennings of the 82nd, Powell of the 29th, Parham of the 141st, Burkhalter of the 50th, Watson of the 91st and others:

A RESOLUTION proposing an amendment to the Constitution so as to provide for apportionment of the House of Representatives on the basis of single-member districts; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Legislative & Congressional Reapportionment.

HR 26. By Representatives Holmes of the 61st, Orrock of the 58th, Brooks of the 63rd, Thomas of the 55th, Bruce of the 64th and others:

A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly by general law to provide for increases in the state real estate transfer tax and the state intangible recording tax; to provide that the General Assembly by general law may allocate the revenue from such increases to the Georgia Housing Trust Fund, as provided by law, for the specified purpose of assisting low and moderate income citizens of this state in obtaining and maintaining affordable housing; to provide that funds deposited in such trust fund shall not lapse; to provide that the General Assembly may provide by general law for the administration of such fund by

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such authority as the General Assembly shall determine; and for other purposes.

Referred to the Committee on Ways & Means.

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

HB 8 HB 10 HB 46 HB 47 HB 48 HB 49 HB 50

HB 51 HB 52 HB 53 HB 54 HB 55 HB 56 HR 13

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 19. By Senators Johnson of the 1st, Stephens of the 27th, Brown of the 26th and Balfour of the 9th:

A RESOLUTION relative to adjournment; and for other purposes.

The following members were recognized during the period of Morning Orders and addressed the House:

Amerson of the 9th and Brooks of the 63rd.

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

HR 27. By Representatives Buckner of the 76th, Dodson of the 75th, Barnes of the 78th, Jordan of the 77th and Sinkfield of the 60th:

A RESOLUTION commending the men and women of the Clayton County Police Department and inviting them to appear before the House of Representatives; and for other purposes.

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HR 28. By Representatives Buckner of the 76th, Dodson of the 75th, Barnes of the 78th, Jordan of the 77th and Sinkfield of the 60th:

A RESOLUTION commending the Clayton County Police Departments Highway Enforcement Against Traffic unit and its captain Tom Israel and inviting its members to appear before the House of Representatives; and for other purposes.

The following Resolution of the Senate was read:

SR 19.

By Senators Johnson of the 1st, Stephens of the 27th, Brown of the 26th and Balfour of the 9th

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 Wednesday, January 12, 2005, and shall reconvene on Monday, January 24, 2005.

BE IT FURTHER RESOLVED that for the duration of the remainder of the 2005 session of the General Assembly until its adjournment sine die, unless otherwise provided by resolution of the General Assembly, the General Assembly shall adjourn at 5:00 P.M. on each Friday on which the General Assembly is in session and shall reconvene on the Monday next following.

BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each such Monday may be as ordered by the Senate; and the hour for convening the House on each such Monday 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 Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bordeaux

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar
Drenner Y Dukes Y Ehrhart Y England

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James
Jamieson Y Jenkins

Y Maxwell Y May
McCall McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Morris Y Mosby

Y Sailor Y Scheid
Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L

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Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D
Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Cooper Y Cox

Y Epps Y Fleming
Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger E Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A

Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey
Lord Y Loudermilk
Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin

Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner
Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the adoption of the Resolution, the ayes were 161, nays 0.

The Resolution was adopted.

Due to a mechanical malfunction, the votes of Representatives Floyd of the 99th and Mangham of the 94th were not recorded on the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Scott of the 153rd 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 Resolutions of the House were read and adopted:

HR 31. By Representatives Powell of the 29th, Jamieson of the 28th, Greene of the 149th, Hill of the 180th, Warren of the 122nd and others:

A RESOLUTION expressing regret at the passing of Ronald Bryan "Bo" Ginn; and for other purposes.

HR 32. By Representatives O`Neal of the 146th, Ashe of the 56th, Manning of the 32nd, McClinton of the 84th and Coleman of the 144th:

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A RESOLUTION recognizing and commending Dr. Kathleen E. Toomey for excellence in the field of public health; and for other purposes.
HR 33. By Representatives Hill of the 21st, Byrd of the 20th, Scheid of the 22nd and Murphy of the 23rd:
A RESOLUTION commending Shirley Morris; and for other purposes.
HR 34. By Representatives Powell of the 29th, Jamieson of the 28th, Hill of the 180th and Houston of the 170th:
A RESOLUTION remembering and honoring the life of Loring Keels Baker; and for other purposes.
The Speaker announced the House in recess until 7:30 P.M.
EVENING SESSION
The Speaker called the House to order.
The hour of convening the Joint Session pursuant to SR 13 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Governor, was called to order by the Speaker.
The Resolution calling for the Joint Session was read.
Accompanied by the Committee of Escort and other distinguished guests, His Excellency, Governor Sonny Perdue, appeared upon the floor of the House and delivered the following address:
Mr. President, Mr. Speaker, President Pro Tem Johnson, Speaker Pro Tem Burkhalter and members of the General Assembly...
My fellow constitutional officers...Justices of the Supreme Court and Judges of the Court of Appeals...members of the Consular Corps ...
Other distinguished guests and my fellow Georgians -- as I come before you to once again report on the state of our State, I see many new faces here tonight.
I welcome you all. You've arrived in a season of new hope and you bring with you a fresh wind of change. I look forward to working side by side with each of you to build the New Georgia.

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I first spoke of the New Georgia during my campaign for the office I now hold. I described it as a fresh approach to governing our state.
What does it really mean?
Having a government that is principle-centered -- that means being good stewards.
People-focused -- that means doing what makes a difference in people's every day lives.
And customer-driven -- that means realizing Georgians are not only our constituents, they are our customers.
We've weathered some storms on this journey. As we pulled up anchor two years ago, the storms were on the horizon and the thunder and lightning loomed over us.
Perhaps our biggest challenge was dealing with the effects of a national recession. The downturn brought two years in a row of declining state revenues while the demand for state services in health care, education and other areas was greater than ever.
In the business world, lower profits reflect less demand for your product. But in government the opposite is true -- demand for our services increases in hard times.
But Georgians pulled together, and Georgia pulled through. We worked closely together to balance the budget while meeting the real human needs of our citizens. It wasn't easy. It required some tough decisions. As you'll remember, I told you we had to choose between the good and the also good.
But we got the job done by setting priorities and aligning our spending with our core values as a state.
Today I'm happy to report, the skies are clearing. When I ran for this office, I told you the forecast was sunny. I just didn't tell you when. We're finally moving into economic recovery, adding more than 39,000 jobs in the last twelve months.
And with fresh economic growth, our state tax revenues have improved too. We're now able to add about $40 million to our revenue estimate for this year. And we're projecting growth of just over 6% for next year.
That's good news for Georgia. We're in better shape as a state. That means we'll be able to take care of some of those "also good" programs we talked about.
And now, having passed through the storm, it is time to take our bearings and chart our course anew.

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Tonight, I want to share with you what I believe that course should be. I want to issue a call to Georgians -- a challenge, really -- not to be satisfied with "good."
I believe Georgia should aspire to nothing less than greatness. And I believe greatness is within our grasp.
But the path to reaching it may surprise you. It is not a path of growing government. It is not a path of more programs, more spending and more rules and regulations. No, our greatness does not come from our government.
It comes from nearly 9 million people who call Georgia home. Between us, we have the enterprise, the character and the capacity to achieve just about anything.
We can nurture our children and give them an outstanding education that will help them achieve their dreams.
We can perform great works of compassion to help those in need and strengthen our families which leads to better communities and thus a great state.
I believe we can build a state of opportunity that excels at innovation. Where businesses thrive, good jobs are plentiful, and hard work is rewarded.
A state that values our families, honors our faith and cherishes our freedoms.
These are goals worthy of Georgia. And, yes, government has a role in helping us reach our goals -- but as a partner, a co-laborer, not as a boss.
The starring role belongs to We The People -- the citizens of Georgia who are the true strength of our state.
So just how do we go about pursuing greatness as a state? I believe the first step is to fundamentally change how we think about government's role in our lives.
You see, I believe most people want just a few basic things from government.
They want safe neighborhoods, good schools, good roads and the opportunity for good jobs to support their families. They want a safety net in place for the hard times.
Beyond that, they just want government to leave them alone.
We don't want a busybody government -- a boss -- that butts into our lives every chance it gets to tell us how to work, how to play, where to live and on and on.

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And we don't want to perpetuate an entitlement mentality that causes people to expect more and more from the government and less and less of themselves.
I think our government motto should be like that of a great Georgia company, The Home Depot "You can do it, we can help."
So, if we want great things to happen...if we want that safe, healthy, educated and growing Georgia we dream of, we should make two simple requests of our state government.
First, to perform its basic functions effectively -- that's doing the right things. Efficiently -- doing them well. And ethically -- doing them fairly.
After that, we should be smart enough to get out of the way and let the people do what they do best.
These principles are the foundation of the New Georgia and they are deeply embedded in the legislative and budget agenda I will share with you tonight, beginning with our top priority -- Georgia's children.
We're putting their needs first their education, their health and their future.
That's why we'll invest more than half of the state budget in education.
And because of the importance of the job they do, my budget includes a 2% pay raise for our school teachers.
We know that our teachers work hard. If we all spent more time in the classroom with them I know that you, like me, would want to pay them all like Michael Vick.
At an event last week, a little girl in the 4th grade came up to me and said she had a message from her teachers. They knew she was coming to see me and wanted her to say, from them, "Thank you for our raises." I appreciate that. But they really have it backwards Teachers, thank you for all you do.
Keeping good teachers in the classroom is one of the most important things we can do for our children's education. That's why my 2005 education package will include a Master Teacher program.
Our best teachers do more than impart facts and figures -- they inspire and encourage students and instill a true desire to learn. That's a fine art in itself. We want to recognize teachers who have mastered this skill and help them serve as Academic Coaches and role

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models to their peers. The Master Teacher program will help Georgia's All-Star teachers share their classroom skills.
And to give our youngest students the bright start they deserve, my budget includes funding to add almost 2000 new students to Georgia's Pre-Kindergarten program this year and 4000 new students next year.
At the other end of the K-12 system is a proposal I'm very excited about -- the Georgia Virtual High School. Let me tell you how this idea came about.
At one of a series of education listening sessions I held, I met a high school student from Clinch County named Cliff Tippens. He said he was a good student and he wanted to take the most challenging classes to prepare for college. But because of where he lived, he did not have access to many AP or advanced math or science courses. And he was not the only one in that situation.
Now this just didn't make sense to me. In the 21st Century, mere geography shouldn't prevent our brightest students from doing their very best work.
Well, we're going to fix that. The Georgia Virtual High School will give students everywhere in Georgia access to over 60 online courses that will be ready to go by this summer, including over 15 AP courses and SAT prep.
This year, Cliff is a freshman at the University of Georgia, and state president of the Georgia FFA. Ladies and gentlemen, Cliff is one of the reasons I value Ag education and why we're fully funding it.
Cliff is here with us tonight in the gallery, along with his mother, Beverly, a teacher at Burke County High School. I want to recognize them both and thank Cliff for speaking up and making a difference.
Soon our students will get another powerful tool to help them with the entire process of getting ready for college. It's called GACollege411.
This website will provide students, parents and counselors the tools they need to stay on track for college. Using GACollege411, students will be able to research Georgia colleges and careers, prepare for the SAT, apply for admission, submit transcripts and apply for financial aid all online.
These are some of the highlights of my education package. But I want to speak for a moment about some of the other needs of children. As I have said here before, Mary and I believe that we all have a moral obligation to protect and to nurture Georgia's children.

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We must do all in our power to shield children from abuse and neglect. And that applies especially to children in state custody, who rely on us to be their champions and defenders.
Ladies and gentlemen, I am proud to tell you that Georgia's children have no better champion than my lifelong partner and the love of my life, Mary Perdue.
She has worked long and hard to organize the First Lady's Our Children Campaign, encouraging Georgians to address the needs of abused and neglected children within their communities. She has led two statewide Summits on our Children to raise public awareness of children's issues. And she is leading a Children's Cabinet to better coordinate state and private efforts to stem abuse and neglect, promote foster care and adoption, and serve other needs of children.
Mary, I want you to know how proud I am of you. You are making a difference in the lives of Georgia's children.
And it is her heart and her hard work that have inspired me to put our money where our mouth is. We're going to begin hiring and training 500 new child protective service workers to reduce the caseload in DFACS. A reduced caseload will enable our workers to better serve Georgia families and better protect Georgia's children.
We want every child to have an opportunity to grow up safe, healthy and well-educated. And when they enter the workforce, we want them to find good, high-paying jobs with a future right here in Georgia.
That's why my administration has devoted our time and effort to growing jobs for Georgia families. Our state continues to attract world class companies, both homegrown and from elsewhere. And we're proud to have them here.
We're pursuing a long-term strategy to encourage entrepreneurship and small business growth, support existing industries, and invest in the high-paying strategic industries of the future.
As a Middle Georgia business owner, I know that small business contributes most of the job growth in rural Georgia. Small business entrepreneurs create opportunity in every part of the state.
That's why I will introduce the Entrepreneur and Small Business Growth Initiative, essentially putting booster rockets on small business growth in Georgia by providing a tax exemption for Georgia small businesses.

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Additionally, we're going to reduce the unintended consequences of state regulations on small business. Survival is tough enough without the government coming along to poke a stick in your eye with costly, poorly considered -- and can I say dumb -- regulations.
We'll also launch a Tourism Growth Initiative to boost one of Georgia's biggest industries. Georgia has a great story to tell. It's the Soul of the South with hometowns, heritage and hospitality that draw visitors from around the world.
Simply put, we're going to do a better job of telling our story so we can share Georgia's hospitality with the world.
The third component of my job growth package is the Strategic Industries and Innovation Initiative. You all know that growing jobs for Georgians has been one of my top priorities. That's why we're going to give a $500 per job tax credit for companies already in Georgia who are growing jobs.
While making Georgia that state of opportunity I mentioned earlier, we will not forget those for whom the American Dream is temporarily out of reach. Georgians are a compassionate people who will take care of our neighbors when they can't take care of themselves.
That safety net is important, but we want to make it more like a trampoline that will catch those who fall and then launch them back to new heights.
One way we can do that is by empowering the families and the churches and the community organizations who are closest to those in need. That is why I will again ask the General Assembly to pass my Faith and Family Services Amendment.
Faith-based service organizations deserve the same opportunity to serve citizens that everyone else has.
I'll give you a great example. Last week I visited the Albany Outreach Center, which was established by six churches to assist those in need. Over the past 16 years, this group has helped over 40,000 individuals with food and financial assistance through its Emergency Aid Office. And their Alzheimer's daycare center has assisted hundreds of families by giving home care givers of loved ones with Alzheimer's some free time from their responsibilities.
Folks, let's fix the part of our constitution that outlaws support for the kind of work these good people do.
And just as we should have choices in providing social services, we should give Georgians more options and more control over their own health care and retirement.

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The principles of consumer choice and personal responsibility are critical to building a healthier Georgia. And at some point, we will all face the responsibilities of caring for aging parents and planning for our own retirement.
So, through our Healthy Choices Initiative, we'll conduct an outreach and education campaign to help Georgians improve their diet, exercise and lifestyle.
We will also launch a "get ready for retirement" awareness campaign so families can plan ahead for the future medical needs of aging parents. And we'll help family caregivers support their aging parents at home.
We all want more control over our own health care. One powerful way to get it is by opening a Health Savings Account. These accounts allow tax-free savings that can be used to pay for annual health care needs. That gives Georgians greater incentive to demand good value when they purchase health care services. When you're spending your own money, you're in charge.
We will add a Health Savings Account option to the State Health Benefit Plan, so that more Georgians can start planning, saving for and controlling their own health care.
Those are some of my budget and legislative highlights for education, children, jobs, and personal responsibility.
But as we ask Georgians to take more responsibility for their own lives in the New Georgia, we're also demanding that state government do its work more effectively and more efficiently.
That is why I created the Commission for a New Georgia a group of accomplished men and women from outside government who have volunteered countless hours to find better, simpler, more efficient ways of doing the people's business.
Bob Hatcher and Joe Rogers are the co-chairs of the Commission. I want to thank them, and all the members of the Commission, for their service. We're now starting to put their good ideas into action.
Some examples --
Did ya'll know we're having an online garage sale? We are now selling surplus state property at online auctions on eBay so we can find more buyers and get the best price. In the first week of the eBay auction, we had 55 bids for a beat-up 40-year-old fire truck and sold it for nearly $5,000 to a buyer in Percy, California.

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There will soon be many more surplus vehicles ready for sale. Two years ago, we didn't even know how many cars the state owned. Today, we're getting an accurate count. We're also tightening our vehicle use policy...and we plan to sell off at least 2000 excess vehicles by June 30.
We're applying the same principles to the state's real property, both owned and leased. Would you buy stock in a company that didn't know what property it owned? I wouldn't and I wouldn't expect you to either.
So I've appointed Georgia's first State Property Officer to catalog all the land and buildings the state owns, sell what we don't need, and manage the rest more cost effectively. Like many of you do in your own businesses, we'll consolidate leases and we'll put the money we save back to work for the people.
I appreciate the work of our Commission for a New Georgia members in developing these recommendations. I'm just as proud of how their ideas are being implemented throughout state government.
My philosophy of leadership is to surround myself with good people who have ability, judgment and knowledge, but above all, a passion for service.
My Director of Implementation, Lonice Barrett, is a classic example of this model. So are the members of his implementation team and our state agency heads who have embraced the New Georgia. These folks are not afraid of change. If there is a better way to do things, not only do they want to know about it -- they want to get it done yesterday. I'd like to thank all of these leaders here tonight for their outstanding service to the people of Georgia.
We share a commitment to bringing the highest level of customer service to every interaction that Georgians have with their government.
And when we don't get it right, we'll stay at it. Getting or renewing a driver's license is probably the one thing government does that both touches and aggravates just about everyone. If we didn't have a monopoly on this business we'd be out of business.
So we're going to stop acting like a monopoly and start serving customers. We're going to start by hiring more license examiners and making the DMVS an agency with a single laser-like focus -- getting Georgia drivers their licenses quickly, efficiently, and courteously.
Changing the culture of state government is not an overnight process. It requires a constant commitment and a willingness to keep at it until you get it right. We've come a long way in two years, but we've still got a long way to go.

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Some may feel tempted to turn back. Back to the old ways of growing government and reaching ever deeper into the taxpayers' pockets.
But I'm here to tell you tonight, we're not going back.
The story is told that long ago, a brave band of explorers crossed the sea to reach the shores of a distant land. They intended to explore this land, and settle it and create new lives here. But they knew there would be many difficult challenges ahead, much hard work, and much uncertainty.
One of the men looked back at the ships they had just left, and then another, and then another. They exchanged sheepish glances and they knew they were all thinking the same thing.
Those ships could take them back. Back to their old, familiar way of life. If building a new life got to be too hard, they could give it all up and go back. But without total commitment, their venture would fail.
They knew then what they had to do. They burned the ships.
Now their only option was to succeed. That's where we are in the New Georgia. We stand on the shore of a great undertaking. And Members of the General Assembly, what I'm asking you to do tonight is join with me and burn the ships!
There is no going back to the old way of doing business. We must go forward -- and, for Georgia's sake, we must succeed.
I view the General Assembly as a strong and essential partner in changing Georgia's relationship with government.
As we go forward, I'll rely on you to pass legislation that makes our state government a more constructive partner for the citizens of Georgia, and less of an obstacle to our dreams.
Which reminds me. There is one more bill I want to mention. I have introduced a version in each of the last two years, only to see it stall. But this year, I fully expect a strong ethics bill to reach my desk by the end of the session. The people of Georgia want it and I think it's time we got it done.
Our intention with ethics legislation is not to play "gotcha!" but simply to set forth the expected standards for all in state government to follow so that we can make Georgians proud.

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Another way we can make Georgians proud is to get our business done in a timely manner. I am encouraged that Speaker Richardson and President Pro Tem Johnson have agreed that it should not take 40 days to get the jobs done.
In contrast to the last few years, why don't we try to set a record for the shortest session?
Georgians have always preferred a citizen legislature where men and women take a few weeks from their regular jobs to come and represent their neighbors under the Gold Dome before returning to their communities and their families.
But over the years, an almost permanent Legislature has emerged. It has kept you, our elected representatives, away from your lives and your families for too long each year.
You don't get an opportunity to get an earful of advice from your grocer in Tifton or your barber in Bonaire. And my barber has to talk fast.
And that's a shame. Because I know everyone in this room would agree that we govern better when we spend more time with our neighbors and less time with the crowd that hangs around the Capitol.
To get at their real concerns, there is simply no substitute for talking one-on-one with the people who sent you here.
In the past two years, I've met hundreds of people in my monthly Saturdays with Sonny meetings. I get some of my best ideas from teachers, parents, business owners, farmers...people from all walks of life. Some have suggestions, some have complaints, some just want to say hello.
Among others, I met a foster parent who was having trouble adopting a child.
I can tell you tonight, because we are listening, there is one more foster child in a loving home who for the first time in her life has a permanent family.
My goal is for real customer service to permeate state government. For example, not too long ago Air Force reservist and Atlanta firefighter James Gilbert called a member of my customer service team with a problem. While he was serving on active duty in Iraq he missed a deadline to re-qualify his CPR certification -- by one day. Because of this, he was unable to perform his firefighting duties once he was back stateside.
Now, we have rules and deadlines for a reason. But deadlines are not more important than the people they are meant to protect. We must learn to use common sense as the final arbiter in dealing with the people of our state. My staff was able apply some

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common sense and find a way to get this firefighter back on the street doing what he loves and is called to do...helping people and saving lives.
James is here as my guest tonight. I want to thank you, sir, for your service to our country and to the people of Georgia.
By the way, James Gilbert will soon be heading back into harm's way, back to Iraq. It will be his third trip there. Many of Georgia's finest and bravest citizens will accompany him.
Just this past Friday, I attended a deployment ceremony at Fort Benning for 4,000 Georgia-based soldiers headed for Iraq and Afghanistan. These devoted servants of our nation represent the best of what America has to offer.
I was proud to stand with them and express the gratitude, the pride, and the support that Georgians feel for these men and women who are part of our Georgia family and who are giving so much to defend our freedom.
Tonight, on behalf of our troops, we are proud to have in the gallery General Dan McNeill, Commanding General, United States Army Forces Command and Specialist James Birdsong, who served in Operation Iraqi Freedom, as a Military Policeman and Dog Handler.
Please join me in thanking General McNeill, Specialist Birdsong and all of our troops who are defending our freedom here and overseas.
I promised those soldiers at Fort Benning that we would take care of their families while they are away and I told them that millions of Georgians would pray for their safety. Tonight I make that request of everyone listening -- please pray for our men and women in uniform as they protect us.
And let us also remember in our prayers and in our hearts the victims of the tsunami in Asia. The world has rarely seen such massive devastation and loss of life in a natural disaster. I'm proud of the way Georgians have responded to this tragedy by donating to relief efforts.
Georgians are a compassionate and loving people, always ready to help others in need, from our nearest neighbors to strangers on the other side of the globe.
We give freely of our time and our talents and our treasure. That generosity is truly one of our state's greatest assets.

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Ladies and gentlemen, I sense a yearning to make this good state great. We Georgians are not content to stand on the achievements of the past, but eager to create a better future for our children, and our children's children.
We want a state wise in its contemplation...just in its actions...and moderate in the reach of government into our lives.
You see, greatness for a state doesn't require some huge monument for all to see. It is not a journey to a particular destination...but a commitment to follow a course of constant and never-ending improvement.
So long as we listen to the people and act with the Wisdom, Justice and Moderation that are the watchwords of our state, our course will be true.
And so long as we have faith in what we can accomplish together -- that course will lead our state to greatness.
Good night, God bless America...and God bless Georgia.
Senator Stephens of the 27th moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.
The Speaker announced the Joint Session dissolved.
Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 1:00 o'clock, P.M., Monday, January 24, 2005.

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Representative Hall, Atlanta, Georgia

Monday, January 24, 2005

The House met pursuant to adjournment at 1:00 o'clock, P.M., this day and was called to order by the Speaker.

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

Abdul-Salaam Amerson Anderson Ashe Barnard Barnes Bearden Benfield Benton Black Bordeaux Borders Bridges Brooks Brown Bruce Bryant Buckner, D Buckner, G Burkhalter Burmeister Burns Butler Byrd Carter Casas Chambers Channell Cheokas Coan Cole Coleman, B Coleman, T

Cooper Cox Crawford Cummings Davis Day Dickson Dodson Dollar Drenner Ehrhart England Epps Fleming Floyd, H Floyd, J Fludd Forster Franklin Freeman Gardner Geisinger Graves, D Graves, T E Greene Hanner Harbin Hatfield Heard, J Heard, K Heckstall Hembree Henson

Hill, C Hill, C.A Holmes Holt Horne Houston Howard Hudson Hugley Jackson Jacobs James Jamieson Jenkins Jennings Johnson Jones, J Jones, S Jordan Keen Keown Kidd Knight Knox Lakly Lane, B Lane, R Lewis Lindsey Loudermilk Lucas Lunsford Maddox

Manning Marin Martin Maxwell May McCall Meadows Millar Miller Mills Mitchell Morgan Mosby Mosley Mumford Murphy, J Murphy, Q Neal Oliver O'Neal Orrock Parrish Parsons Porter Powell Ralston Randall Ray Reece, B Reece, S Reese Rice

Roberts Rogers Royal Rynders Scheid Scott, A Scott, M Setzler Sheldon Smith, B Smith, L Smith, P Smith, R Smith, T Smith, V Stanley-Turner Stephenson Talton Teilhet Thomas, B Tumlin Walker Warren Watson Wilkinson Willard Williams, A Williams, E Williams, R Wix Yates Richardson, Speaker

The following members were off the floor of the House when the roll was called:

Representatives Beasley-Teague of the 65th, Dean of the 59th, Dukes of the 150th, Lord of the 142nd, Mangham of the 94th, McClinton of the 84th, Parham of the 141st, Sailor of the 93rd, Shaw of the 176th, Sims of the 151st, Sims of the 169th, Sinkfield of the 60th, Smyre of the 151st, Stephens of the 164th, and Thomas of the 55th.

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They wish to be recorded as present.
Prayer was offered by Dr. Billy Godwin, Pastor, Ephesus Baptist Church, Winston, Georgia.
The members pledged allegiance to the flag.
Representative Heard of the 104th, Chairman of the Committee on Information and Audits, 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.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 29. By Representatives Brooks of the 63rd, Jones of the 44th, Thomas of the 55th and Mangham of the 94th:
A BILL to be entitled an Act to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to law enforcement officers and agencies, so as to prohibit the use of electroshock devices by law enforcement officers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety.
HB 30. By Representatives Brooks of the 63rd, Hugley of the 133rd, Smyre of the 132nd, Holmes of the 61st, Marin of the 96th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor

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vehicles and traffic, so as to require policies that prohibit law enforcement officers from impermissibly using race or ethnicity in determining whether to stop a motorist; to require annual training of law enforcement officers on impermissible uses of race and ethnicity in stopping vehicles; to require law enforcement officers to document the race, ethnicity, and gender of a motorist and passengers; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety.
HB 32. By Representatives Williams of the 165th, Mitchell of the 88th, Jennings of the 82nd, Coan of the 101st and Williams of the 89th:
A BILL to be entitled an Act to amend Code Section 20-2-101 of the Official Code of Georgia Annotated, relating to appointment of county school superintendents, so as to provide that local school systems publish a report or summary of the initial contract of employment of a local school superintendent and any amendments to the contract; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 33. By Representatives Williams of the 165th, Mitchell of the 88th and Williams of the 89th:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections generally, so as to provide that the election superintendent shall ensure that all ballots are counted before closing the election superintendents office after a primary or election; to provide for petitions to the superior court to defer the counting of ballots under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 36. By Representatives Willard of the 49th, Geisinger of the 48th and Wilkinson of the 52nd:
A BILL to be entitled an Act to revise provisions of law relating to creation of new municipal corporations; to amend Chapter 31 of Title 36 of the O.C.G.A., relating to incorporation of municipal corporations, so as to eliminate certain minimum distance requirements; to provide that new municipal corporations shall have a minimum amount of time to arrange for

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service delivery; to provide that the Attorney General shall seek federal Voting Rights Act preclearances required in connection with new incorporations; to provide for the authorization and regulation of alcoholic beverage sales in new municipalities under certain circumstances; to amend Code Section 48-8-89.1 of the O.C.G.A., relating to distribution of joint county and municipal local option sales tax with respect to new qualified municipalities; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 70. By Representatives Powell of the 29th and Dodson of the 75th:
A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for 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.
Referred to the Committee on Insurance.
HB 71. By Representatives Powell of the 29th and Dodson of the 75th:
A BILL to be entitled an Act to amend Code Section 31-7-400 of the Official Code of Georgia Annotated, relating to definitions relative to hospital acquisitions, so as to amend the definition of the term "hospital"; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 72. By Representatives Powell of the 29th and Dodson of the 75th:
A BILL to be entitled an Act to amend Title 31 of the O.C.G.A., relating to health, so as to provide for legislative findings; to provide a short title; to provide for definitions; to provide for the establishment of hospital insurance authorities and the powers, duties, and management thereof; to provide for contracts establishing such authorities; to provide that an authority shall not be considered an insurance company; to provide for certificates of authority

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by the Commissioner of Insurance authorizing the establishment of a group self-insurance fund; to provide for applications to the Commissioner of Insurance; to provide for funds to be maintained and requirements relating thereto; to provide for rules and regulations; to provide for hearings; to provide for an excess loss funding program; to provide for audits of funds; to provide for other related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 73. By Representatives Powell of the 29th and Dodson of the 75th:
A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to require physicians that participate in the state employees or board of regents health insurance plan to also participate in the Medicaid program; to amend Chapter 34A of Title 43 of the Official Code of Georgia Annotated, the "Patient Right to Know Act of 2001," so as to change certain provisions relating to physician profiles; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 74. By Representatives Powell of the 29th and Dodson of the 75th:
A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the O.C.G.A., relating to indigent and elderly patients, so as to provide for a fee from certain hospitals; to provide for definitions; to establish a segregated account within the Indigent Care Trust Fund for the deposit of such fees; to provide for a method for calculating and collecting the intergovernmental transfer of disproportionate share funds; to authorize the Department of Community Health to inspect hospital records for purposes of auditing disproportionate share allocations; to provide for penalties for failure to make intergovernmental transfers of disproportionate share funds; to authorize the department to withhold Medicaid payments equal to amounts owed as the intergovernmental transfer and penalty; to provide for the collection of fees by civil action and tax liens; to provide for the appropriation of funds in the segregated account for medical assistance payments to hospitals; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.

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HB 75. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to provide that it shall be illegal for certain persons to engage in certain election related activities; to provide a penalty; to provide a definition; to provide that a court or administrative body may revoke or suspend a persons right to vote under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 76. By Representative Mosley of the 178th:
A BILL to be entitled an Act to amend Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding sales and use taxation, so as to change the tax situs of certain transactions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 77. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change provisions relating to priorities of fines, forfeitures, surcharges, additional fees, and costs in cases of partial payments into the court; to provide for funding for local juvenile diversion programs through a fine surcharge; to provide for the use of said local juvenile diversion program surcharge; to provide an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 78. By Representatives Williams of the 89th, Brooks of the 63rd, Watson of the 91st, Mosby of the 90th, Mitchell of the 88th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to dogs, so as to define a certain term; to provide that no person shall import, sell, transport, carry, own, keep, or otherwise possess any live pit bull dog in this state; to provide for exceptions; to provide that certain dogs shall be neutered and confined; to provide a penalty; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Judiciary Non-Civil.
HB 79. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change provisions relating to priorities of fines, forfeitures, surcharges, additional fees, and costs in cases of partial payments into the court; to provide for funding for local juvenile diversion programs through a fine surcharge; to provide for the use of said local juvenile diversion program surcharge; to provide an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 80. By Representatives Amerson of the 9th, Bridges of the 10th, Ralston of the 7th, Mosley of the 178th, Franklin of the 43rd and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, so as to provide for the crime of impersonating a veteran or active duty member of the armed forces of the United States; to provide for criminal penalties; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.
HB 81. By Representatives Day of the 163rd, Stephens of the 164th, Bryant of the 160th, Jackson of the 161st and Scott of the 2nd:
A BILL to be entitled an Act to amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem tax exemptions, so as to provide that, with respect to all homestead exemptions, the unremarried surviving spouse of a deceased spouse who has been granted a homestead exemption shall continue to receive that exemption so long as that unremarried surviving spouse continues to occupy the home as a residence and homestead; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 82. By Representatives Powell of the 29th and Hembree of the 67th:

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117

A BILL to be entitled an Act to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to provide for certain penalties for a driver who commits a right of way violation resulting in a collision with a motorcyclist, pedestrian, or bicyclist; to provide that a driver who violates certain traffic laws and causes serious injury to a person shall be guilty of a misdemeanor; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 83. By Representatives Lunsford of the 110th, Harbin of the 118th, Lord of the 142nd, Burmeister of the 119th, Keen of the 179th and others:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Small Business Employee Choice of Benefits Health Insurance Plan Act"; to provide a short title; to provide for legislative intent; to provide definitions; to provide that insurers must offer certain employees and consumers a choice between Small Business Employee Choice of Benefits Health Insurance Plan hospitalization policies or contracts not subject to state mandated health benefits and other policies or contracts subject to state mandated health benefits; to provide exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 84. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th and Keen of the 179th:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2004-2005, known as the "General Appropriations Act," approved May 17, 2004 (Ga. L. 2004, p. 994.) and for other purposes.
Referred to the Committee on Appropriations.
HB 85. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th and Keen of the 179th:
A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2005, and ending June 30, 2006; and for other purposes.
Referred to the Committee on Appropriations.

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HB 86. By Representatives Harbin of the 118th, Richardson of the 19th, Keen of the 179th and Roberts of the 154th:

A BILL to amend an Act providing appropriations for the State Fiscal Year 2004-2005 known as the "General Appropriations Act", approved June 4, 2004 (Ga. L. 2004, p. 710), so as to change certain appropriations for the State Fiscal Year 2004-2005; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Appropriations.

HB 87. By Representatives Harbin of the 118th, Richardson of the 19th, Keen of the 179th and Roberts of the 154th:

A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2005, and ending June 30, 2006; 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.

Referred to the Committee on Appropriations.

HR 6.

By Representatives Brooks of the 63rd, Epps of the 128th, Mangham of the 94th, Jones of the 44th and Thomas of the 55th:

A RESOLUTION urging all law enforcement and correctional agencies in the State of Georgia to suspend the use of all electroshock devices, including stun guns, stun shields, and Tasers, pending the outcome of a rigorous, independent inquiry into the use and effects of such equipment; and for other purposes.

Referred to the Committee on Public Safety.

HR 7.

By Representatives Brooks of the 63rd, Holmes of the 61st, Morgan of the 39th, Jones of the 44th and Heckstall of the 62nd:

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119

A RESOLUTION proposing an amendment to the Constitution so as to provide that persons convicted of felonies involving moral turpitude may not register, remain registered, or vote while incarcerated but may register and vote while serving any period of probation or parole; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Governmental Affairs.

HR 29. By Representatives Amerson of the 9th, Bridges of the 10th, Ralston of the 7th, Mosley of the 178th, Franklin of the 43rd and others:

A RESOLUTION urging the United States Congress to enact legislation declaring English as the official language of the government of the United States; and for other purposes.

Referred to the Committee on Interstate Cooperation.

HR 30. By Representatives Brooks of the 63rd, Cummings of the 16th, Talton of the 145th and O`Neal of the 146th:

A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly shall be authorized to enact legislation and appropriate funds necessary to provide for retirement credit for retired members of the Peace Officers Annuity and Benefit Fund for service rendered prior to January 1, 1976; to provide that such legislation may provide for membership in such fund for peace officers who rendered service as a peace officer prior to January 1, 1976, but who are not members of the fund on July 1, 2007; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Retirement.

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

HB 1 HB 6 HB 13 HB 16 HB 24 HB 34 HB 38

HB 61 HB 62 HB 63 HB 64 HB 65 HB 66 HB 67

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HB 39 HB 40 HB 41 HB 42 HB 45 HB 57 HB 58 HB 59 HB 60

HB 68 HB 69 HR 1 HR 3 HR 5 HR 8 HR 14 HR 25 HR 26

The Speaker Pro Tem assumed the Chair.

The following members were recognized during the period of Morning Orders and addressed the House:

Keen of the 179th and Amerson of the 9th.

The following Resolutions of the House were read and adopted:

HR 35. By Representative Jamieson of the 28th:

A RESOLUTION commending Elaine Oye; and for other purposes.

HR 36. By Representative Jamieson of the 28th:

A RESOLUTION commending Bonnie Johnson; and for other purposes.

HR 37. By Representatives Jamieson of the 28th and Powell of the 29th:

A RESOLUTION congratulating the Lavonia Woman's Club; and for other purposes.

HR 38. By Representative Jamieson of the 28th:

A RESOLUTION expressing regret at the passing of Joseph Robert Beyrle; and for other purposes.

HR 39. By Representative Walker of the 107th:

A RESOLUTION commending James H. Lowry, Jr., on the occasion of his 60th birthday; and for other purposes.

HR 40. By Representatives Murphy of the 120th and Howard of the 121st:

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121

A RESOLUTION recognizing the General Missionary Baptist Convention of Georgia, Inc., and Reverend Clarence Moore; and for other purposes.
HR 41. By Representative Smith of the 113th:
A RESOLUTION recognizing and commending John William "Johnny" Pritchett for his many years of outstanding public service; and for other purposes.
HR 42. By Representative Smith of the 113th:
A RESOLUTION recognizing and commending William E. "Bubber" Wilkes for his many years of outstanding public service; and for other purposes.
HR 43. By Representative Burkhalter of the 50th:
A RESOLUTION commending the Northview High School Chamber Orchestra and their director, Timothy J. Aucoin; and for other purposes.
HR 44. By Representatives Jennings of the 82nd, Millar of the 79th and Chambers of the 81st:
A RESOLUTION honoring and commending Reuben Sherrill; and for other purposes.
HR 45. By Representatives Ashe of the 56th, Smyre of the 132nd, Porter of the 143rd, Hugley of the 133rd, Randall of the 138th and others:
A RESOLUTION commending Robyn Underwood and her staff; and for other purposes.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 46. By Representatives Martin of the 47th, Burkhalter of the 50th and Jones of the 46th:
A RESOLUTION recognizing the Milton High School Varsity Baseball Team, winners of the 2004 Georgia Class AAAAA State High School Championship, and inviting the team to appear before the House of Representatives; and for other purposes.
The following communications were received:

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Legislative Services Committee Office of Legislative Counsel
316 State Capitol Atlanta, GA 30334
January 13, 2005
TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE 1ST CONGRESSIONAL DISTRICT
RE: CAUCUS TO ELECT THE 1ST CONGRESSIONAL DISTRICT STATE TRANSPORTATION BOARD MEMBER
Pursuant to the provisions of O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the 1st Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Tuesday, January 25, 2005, at 1:00 P.M.
Members of the Senate from those senatorial districts embraced or partly embraced within the 1st Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the 1st Congressional District are eligible to participate in said caucus.
Sincerely,
/s/ Sewell R. Brumby Legislative Counsel
SRB:df
Legislative Services Committee Office of Legislative Counsel
316 State Capitol Atlanta, GA 30334
January 13, 2005
TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE 6TH CONGRESSIONAL DISTRICT
RE: CAUCUS TO ELECT THE 6TH CONGRESSIONAL DISTRICT

MONDAY, JANUARY 24, 2005

123

STATE TRANSPORTATION BOARD MEMBER
Pursuant to the provisions of O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the 6th Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Tuesday, January 25, 2005, at 2:00 P.M.
Members of the Senate from those senatorial districts embraced or partly embraced within the 6th Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the 6th Congressional District are eligible to participate in said caucus.
Sincerely,
/s/ Sewell R. Brumby Legislative Counsel
SRB:df
Legislative Services Committee Office of Legislative Counsel
316 State Capitol Atlanta, GA 30334
January 13, 2005
TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE 12TH CONGRESSIONAL DISTRICT
RE: CAUCUS TO ELECT THE 12TH CONGRESSIONAL DISTRICT STATE TRANSPORTATION BOARD MEMBER
Pursuant to the provisions of O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the 12th Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Tuesday, January 25, 2005, at 3:00 P.M.
Members of the Senate from those senatorial districts embraced or partly embraced within the 12th Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or

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partly embraced within the 12th Congressional District are eligible to participate in said caucus.
Sincerely,
/s/ Sewell R. Brumby Legislative Counsel
SRB:df
Speaker's Order No. 3
PURSUANT to the provisions of Rule 10.2 of the Rules, Ethics and Decorum of the House of Representatives a special committee of the House is hereby appointed to consider bills regarding civil justice reform.
This committee of the House shall be designated as the Special Committee on Civil Justice Reform. The Committee shall only have authority to deliberate, hear testimony, compel witnesses or consider amendments that are germane to the subject matter of bills assigned to it regarding Civil Justice Reform. The committee shall act during its existence with the same authority, in all respects, as if it was one of the standing committees of the House established by Rule 10.1.
The following members of the House are appointed as officers of the Committee:
1. Chairman: Barry Fleming 2. Vice-Chairman: Motor Vehicle Chairman - Tom Rice 3. Secretary: Sue Burmeister
The following members of the House are appointed to serve on the Committee:
4. Judiciary Committee Chairman - Wendell Willard 5. Health & Human Services Chairman - Sharon Cooper 6. Insurance Committee Chairman - Tom Knox 7. Ways & Means Chairman - Larry O'Neal 8. Mickey Channell 9. Ron Dodson 10. Penny Houston 11. Jerry Keen 12. Howard Mosby 13. Butch Parrish 14. Steve "Thunder" Tumlin 15. Pam Stephenson

MONDAY, JANUARY 24, 2005

125

Once final action has been taken on the bills assigned to this Committee, the authority of the Committee, including its Chairman, its Vice-Chairman, its Secretary and each member appointed above, shall cease.

SO ORDERED, by my hand, this 20th day of January, 2005.

/s/ Glenn Richardson, Speaker House of Representatives

House of Representatives 332 State Capitol Atlanta, GA 30334

January 20, 2005

Honorable Robert E. Rivers, Jr. Clerk of the House of Representatives Room 307, State Capitol Atlanta, GA 30334

Re: Appointments of Committee Hawks for the 2005-2006 Session of the Georgia House of Representatives.

Dear Mr. Rivers:

Pursuant to Rule 11.8 of the Rules, Ethics and Decorum of the House of Representatives, I appointed three members of the House of Representatives to the position of Committee Hawk for the 2005-2006 Session of the House. I have appointed one of the Hawks as the Senior Hawk.

Those members are:

1. Senior Hawk 2. Hawk 3. Hawk

John Lunsford Stacy Reece Tom Graves

Please enter these appointments on the Journal of the House.

Sincerely,

/s/ Glenn Richardson Speaker

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House of Representatives 332 State Capitol Atlanta, GA 30334

January 20, 2005

Honorable Robert E. Rivers, Jr. Clerk of the House of Representatives Room 307, State Capitol Atlanta, GA 30334

Re: Appointments of Standing Committee Officers and Members for the 2005-2006 Session of the Georgia House of Representatives.

Dear Mr. Rivers:

Pursuant to Rule 12 of the Rules, Ethics and Decorum of the House of Representatives, I appointed a Committee on Assignments to make and designate all appointments of the Officers and Members for each Standing Committee of the House for the 2005-2006 Session. I have reviewed and approved the officers and members appointed by the Committee on Assignments to each Standing Committee of the House.

Accordingly, I am attaching to this letter a copy of the official appointments of the Officers and Members for each of the Standing Committees of the House for the 20052006 Session. Please enter these on the Journal of the House.

These appointments are made pursuant to the authority vested in me by Rule 11 of the Rules, Ethics and Decorum of the House of Representatives.

Sincerely,

/s/ Glenn Richardson Speaker

Report of Committee on Assignments: 2005 - 2006 House Committees, Officers, and Members

Pursuant to the authority granted to the Committee on Assignments by virtue of the Order of the Speaker dated 1/10/05, the Committee makes the following assignments, placements and appointments:

Committee Agriculture & Consumer Affairs

Last Name

First Name District

Committee Appropriations

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127

McCall Houston Maddox Anderson Black Burns Crawford England James Porter Ray Roberts Sims Von Epps Warren
Last Name
Harbin Rogers
Jones
Parsons
Brown
Smith
Crawford
Scheid Amerson Barnard Black Burkhalter Burmeister Butler Chambers Channell Coan Coleman Cummings

Tom Penny Gene Alberta Ellis Jon Mack Terry Lynmore Dubose Robert Jay Chuck Carl Pete
First Name
Ben Carl
Jan
Don
Jeff
Bob
Mack
Chuck Amos Terry Ellis Mark Sue Mark Jill Mickey Mike Terry Bill

30 Chair 170 Vice-Chair 172 Secretary 123 Member 174 Member 157 Member 127 Member 108 Member 135 Member 143 Member 136 Member 154 Member 169 Member 128 Member 122 Member
District
118 Chair 26 Vice-Chair
- Econ. Dev. 46 Vice-Chair
- Education 42 Vice-Chair
- General 69 Vice-Chair
- Health 113 Vice-Chair
- Higher Ed 127 Vice-Chair - Public Safety
22 Secretary 9 Member
166 Member 174 Member
50 Member 119 Member
18 Member 81 Member 116 Member 101 Member 144 Member 16 Member

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Day Dean Dollar Ehrhart Fleming Floyd Forster Golick Graves Greene Hanner Heard Heard Hembree Hill Holmes Houston Hugley Keen Lane Lewis Lunsford Manning Martin Maxwell McClinton Mills Mosley Murphy Parham Parrish Porter Powell Ralston Ray Reece Roberts Royal Rynders Shaw Sheldon Smith Smith

Burke Douglas Matt Earl Barry Johnny Ron Rich David Gerald Bob Keith John Bill Calvin Bob Penny Carolyn Jerry Bob Jeff John Judy Chuck Howard JoAnn James Hinson Jack Bobby Larry "Butch" DuBose Alan David Robert Stacey Jay Richard Ed Jay Donna Tommy Vance

163 Member 59 Member 45 Member 36 Member
117 Member 147 Member
3 Member 34 Member 137 Member 149 Member 148 Member 114 Member 104 Member 67 Member 21 Member 61 Member 170 Member 133 Member 179 Member 158 Member 15 Member 110 Member 32 Member 47 Member 17 Member 84 Member 25 Member 178 Member 23 Member 141 Member 156 Member 143 Member 29 Member 7 Member 136 Member 27 Member 154 Member 171 Member 152 Member 176 Member 105 Member 168 Member 129 Member

Committee Banks & Banking

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129

Smith Smyre Stephens Walker Willard Yates
Last Name
Mills Hill Knight Anderson Barnes Benfield Bridges Coan Ehrhart Floyd Franklin Greene Hill Holmes Houston Jackson Jordan Lakly Marin Maxwell Miller Morris Mosby Murphy Reese Sailor Scheid Scott Shaw Sheldon Sinkfield Tumlin

Lynn Calvin Ron Len Wendell John

70 Member 132 Member 164 Member 107 Member
49 Member 73 Member

First Name

District

James

25 Chair

Calvin

21 Vice-Chair

David

126 Secretary

Alberta

123 Member

Mike

78 Member

Stephanie Stuckey 85 Member

Ben

10 Member

Mike

101 Member

Earl

36 Member

Johnny

147 Member

Bobby

43 Member

Gerald

149 Member

Cecily

180 Member

Bob

61 Member

Penny

170 Member

Dr. Lester

161 Member

Darryl

77 Member

Daniel

72 Member

Pedro

96 Member

Howard

17 Member

Phyllis

106 Member

Greg

155 Member

Howard

90 Member

Jack

23 Member

Bobby

98 Member

Ron

93 Member

Chuck

22 Member

Martin

2 Member

Jay

176 Member

Donna

105 Member

Georgeanna

60 Member

Steve

38 Member

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Committee Children & Youth

Last Name
Manning Talton Byrd Ashe Fludd Johnson Jones Mangham May Morgan Neal Parsons Rynders Sinkfield

First Name

District

Judy

32 Chair

Willie

145 Vice-Chair

Charlice

20 Secretary

Kathy

56 Member

Virgil

66 Member

Terry

37 Member

Sheila

44 Member

Randall

94 Member

Jeff

111 Member

Alisha Thomas 39 Member

Jay

1 Member

Don

42 Member

Ed

152 Member

Georgeanna

60 Member

Committee Defense & Veteran Affairs

Last Name
Yates Lakly Freeman Bryant Sr. Heckstall Jennings Smith Thomas Warren

First Name

District

John Daniel Allen Robert "Bob" Joe Paul Tommy Brian Pete

73 Chair 72 Vice-Chair 140 Secretary
160 Member 62 Member 82 Member 168 Member 100 Member 122 Member

Committee Economic Development & Tourism

Last Name
Stephens Casas May Abdul-Salaam Bordeaux Brooks Bryant Sr. Buckner Butler Carter Dickson Dollar

First Name

District

Ron

164 Chair

David

103 Vice-Chair

Jeff

111 Secretary

Roberta

74 Member

Tom

162 Member

Tyrone

63 Member

Robert "Bob" 160 Member

Gail

76 Member

Mark

18 Member

Earl

159 Member

Tom

6 Member

Matt

45 Member

Committee Education

MONDAY, JANUARY 24, 2005

131

Dukes England Freeman Hill Horne Howard Hudson Jenkins Jennings Maddox Millar Neal Orrock Parrish Reece Roberts Sims Smith Stanley-Turner Wilkinson Williams

Winfred Terry Allen Cecily Billy Henry Sistie Charles Paul Gene Fran Jay Nan Larry "Butch" Stacey Jay Freddie Powell Vance LaNett Joe Al

150 Member 108 Member 140 Member 180 Member 71 Member 121 Member 124 Member
8 Member 82 Member 172 Member 79 Member 1 Member 58 Member 156 Member 27 Member 154 Member 151 Member 129 Member 53 Member 52 Member 165 Member

Last Name

First Name

District

Coleman Millar Benton Anderson Casas Chambers Dickson Floyd Holt Houston Jacobs Jamieson Jones Jordan Keown Kidd Lindsey Maxwell Morgan

Brooks

97 Chair

Fran

79 Vice-Chair

Tommy

31 Secretary

Alberta

123 Member

David

103 Member

Jill

81 Member

Tom

6 Member

Hugh

99 Member

Doug

112 Member

Penny

170 Member

Mike

80 Member

Jeanette

28 Member

Jan

46 Member

Darryl

77 Member

Mike

173 Member

Jane

115 Member

Edward

54 Member

Howard

17 Member

Alisha Thomas 39 Member

132
Committee Ethics Committee Game, Fish & Parks
Committee Governmental Affairs

JOURNAL OF THE HOUSE

Reece Reese Setzler Sims Stanley-Turner Talton Teilhet Thomas Williams

Barbara Massey 11 Member

Bobby

98 Member

Ed

35 Member

Freddie Powell 151 Member

Lanett

53 Member

Willie

145 Member

Rob

40 Member

Brian

100 Member

Earnest "Coach" 89 Member

Last Name

First Name

District

Wilkinson

Joe

52 Member

Last Name

First Name

District

Lane Hill Burns Beasley-Teague Jenkins Knight Morris Mosley Reese Warren Williams

Bob Cecily Jon Sharon Charles David Greg Hinson Bobby Pete Al

158 Chair 180 Vice-Chair
157 Secretary 65 Member 8 Member
126 Member 155 Member 178 Member
98 Member 122 Member 165 Member

Last Name

First Name

District

Scott Jennings Geisinger Brooks Buckner Burmeister Mosby Oliver O'Neal Powell Scheid Smith

Austin

153 Chair

Paul

82 Vice-Chair

Harry

48 Secretary

Tyrone

63 Member

Gail

76 Member

Sue

119 Member

Howard

90 Member

Mary Margaret 83 Member

Larry

146 Member

Alan

29 Member

Chuck

22 Member

Lynn

70 Member

MONDAY, JANUARY 24, 2005

133

Committee Health & Human Services
Committee Higher Education

Last Name
Cooper Rynders Carter Brown Burmeister Byrd Cheokas Dodson Drenner Graves Graves Hembree Henson Hudson Jennings Jones Keown Kidd Lord Loudermilk Lunsford Maddox McClinton Millar Mitchell Mosby Parsons Randall Reece Smith Stephenson Thomas Watson Wilkinson
Last Name
Hembree Sims Miller Amerson

First Name
Sharon Ed Earl Jeff Sue Charlice Mike Ron Karla Lea Tom David Bill Michele Sistie Paul Sheila Mike Jane Jimmy Barry John Gene JoAnn Fran Billy Howard Don Nikki Stacey Tommy Pam Mable Stan Joe
First Name
Bill Chuck Phyllis Amos

District
41 Chair 152 Vice-Chair
159 Secretary 69 Member
119 Member 20 Member
134 Member 75 Member 86 Member 12 Member
137 Member 67 Member 87 Member
124 Member 82 Member 44 Member
173 Member 115 Member 142 Member
14 Member 110 Member 172 Member
84 Member 79 Member 88 Member 90 Member 42 Member 138 Member 27 Member 168 Member 92 Member 55 Member 91 Member 52 Member
District
67 Chair 169 Vice-Chair
106 Secretary 9 Member

134

JOURNAL OF THE HOUSE

Committee Human Relations & Aging
Committee Industrial Relations

Ashe Borders Buckner Cheokas Cooper Gardner Hatfield Kidd Knight Mumford Murphy Smyre Walker
Last Name
Walker Sheldon Lakly Barnes Byrd Heckstall Jamieson Johnson
Last Name
Coan Butler England Carter Cox Drenner Dukes Floyd Horne Johnson Knox Lindsey Lucas Marin Orrock Reece

Kathy Ron Gail Mike Sharon Pat Mark Jane David Robert Quincy Calvin Len
First Name
Len Donna Daniel Mike Charlice Joe Jeanette Terry
First Name
Mike Mark Terry Earl Clay Karla Lea Winfred Hugh Billy Terry Tom Edward David Pedro Nan Stacey

56 Member 175 Member 76 Member 134 Member 41 Member 57 Member 177 Member 115 Member 126 Member 95 Member 120 Member 132 Member 107 Member
District
107 Chair 105 Vice-Chair
72 Secretary 78 Member 20 Member 62 Member 28 Member 37 Member
District
101 Chair 18 Vice-Chair 108 Secretary
159 Member 102 Member 86 Member 150 Member 99 Member 71 Member 37 Member 24 Member 54 Member 139 Member 96 Member 58 Member
27 Member

Committee Information & Audits Committee Insurance
Committee Interstate Cooperation

MONDAY, JANUARY 24, 2005

135

Scott Teilhet Williams
Last Name
Heard Franklin Graves Cheokas Morgan
Last Name
Knox Maxwell Meadows Coleman Davis Dodson Dollar Forster Golick Harbin Heard Holt Jackson Keen Lord Lucas Murphy Rogers Sailor Sinkfield Smith Von Epps Watson Wilkinson
Last Name
Forster Davis

Martin Rob Roger

2 Member 40 Member 4 Member

First Name

District

John

104 Chair

Bobby

43 Vice-Chair

Tom

12 Secretary

Mike

134 Member

Alisha Thomas 39 Member

First Name

District

Tom Howard John Terry Steve Ron Matt Ron Rich Ben Keith Doug Dr. Lester Jerry Jimmy David Quincy Carl Ron Georgeanna Richard Carl Stan Joe

24 Chair 17 Vice-Chair
5 Secretary 144 Member 109 Member 75 Member 45 Member
3 Member 34 Member 118 Member 114 Member 112 Member 161 Member 179 Member 142 Member 139 Member 120 Member 26 Member 93 Member 60 Member 131 Member 128 Member 91 Member 52 Member

First Name

District

Ron Steve

3 Chair 109 Vice-Chair

136

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Committee Intragovernmental Coordination
Committee Judiciary - Civil
Committee Judiciary - Non-Civil

Manning Ashe Fludd

Judy Kathy Virgil

32 Secretary 56 Member 66 Member

Last Name

First Name

District

Williams Lane Coan Bordeaux Bruce Coleman Harbin Heard Hembree McCall Murphy Wix

Roger Bob Mike Tom Roger Brooks Ben Keith Bill Tom Quincy Don

4 Chair 158 Vice-Chair
101 Secretary 162 Member 64 Member 97 Member 118 Member 114 Member
67 Member 30 Member 120 Member 33 Member

Last Name

First Name

District

Willard Lindsey Hatfield Bruce Crawford Fleming Lane Oliver O'Neal Stephenson Teilhet Thomas Tumlin

Wendell

49 Chair

Edward

54 Vice-Chair

Mark

177 Secretary

Roger

64 Member

Mack

127 Member

Barry

117 Member

Roger

167 Member

Mary Margaret 83 Member

Larry

146 Member

Pam

92 Member

Rob

40 Member

Mable

55 Member

Steve

38 Member

Last Name

First Name

District

Ralston Mumford Setzler Abdul-Salaam Bearden Benfield

David

7 Chair

Robert

95 Vice-Chair

Ed

35 Secretary

Roberta

74 Member

Timothy

68 Member

Stephanie Stuckey 85 Member

MONDAY, JANUARY 24, 2005

137

Committee MARTOC
Committee Motor Vehicles
Committee Natural Resources & Environment

Bordeaux Cooper Franklin Jacobs Knox Mangham Miller Randall
Last Name
Chambers Bruce Geisinger Stephenson Wilkinson
Last Name
Rice Dollar Bearden Bruce Murphy Parham Powell Sailor Sims Smith Talton Yates
Last Name
Smith Reese Smith Barnard Benfield Buckner Burkhalter Cole Coleman

Tom Sharon Bobby Mike Tom Randall Phyllis Nikki

162 Member 41 Member 43 Member 80 Member 24 Member 94 Member 106 Member 138 Member

First Name

District

Jill Roger Harry Pam Joe

81 Chair 64 Member 48 Member 92 Member 52 Member

First Name

District

Tom Matt Timothy Roger Jack Bobby Alan Ron Chuck Paul Willie John

51 Chair 45 Vice-Chair
68 Secretary 64 Member 23 Member 141 Member 29 Member 93 Member 169 Member 13 Member 145 Member 73 Member

First Name

District

Lynn

70 Chair

Bobby

98 Vice-Chair

Richard

131 Secretary

Terry

166 Member

Stephanie Stuckey 85 Member

Debbie

130 Member

Mark

50 Member

Jim

125 Member

Brooks

97 Member

138

JOURNAL OF THE HOUSE

Drenner Gardner Geisinger Hanner Heard Holmes Hugley Jones Keown Lane Manning Martin McCall Morris Neal Rogers Royal Thomas Thomas

Committee Public Safety

Last Name
Day Neal Horne Black Chambers Cole Cox Crawford Gardner Hanner James

Committee

Last Name

Public Utilities & Telecommunications

Lewis

Murphy

Forster

Amerson

Bridges

Burkhalter

Dodson

Karla Lea Pat Harry Bob John Bob Carolyn Jan Mike Roger Judy Chuck Tom Greg Jay Carl Richard Brian Mable
First Name
Burke Jay Billy Ellis Jill Jim Clay Mack Pat Bob Lynmore
First Name
Jeff Jack Ron Amos Ben Mark Ron

86 Member 57 Member 48 Member 148 Member 104 Member 61 Member 133 Member 46 Member 173 Member 167 Member 32 Member 47 Member 30 Member 155 Member
1 Member 26 Member 171 Member 100 Member 55 Member
District
163 Chair 1 Vice-Chair 71 Secretary 174 Member
81 Member 125 Member 102 Member 127 Member
57 Member 148 Member 135 Member
District
15 Chair 23 Vice-Chair
3 Secretary 9 Member 10 Member 50 Member 75 Member

Committee Reapportionment
Committee Regulated Industries
Committee Retirement

MONDAY, JANUARY 24, 2005

139

Harbin Hudson Keen Lucas Mangham Martin Parsons Smith Smith Watson Williams Wix

Ben

118 Member

Sistie

124 Member

Jerry

179 Member

David

139 Member

Randall

94 Member

Chuck

47 Member

Don

42 Member

Paul

13 Member

Bob

113 Member

Stan

91 Member

Earnest "Coach" 89 Member

Don

33 Member

Last Name

First Name

District

Franklin Lane Jones Beasley-Teague Marin McClinton Ralston Reece Scott Smith Yates

Bobby

43 Chair

Roger

167 Vice-Chair

Jan

46 Secretary

Sharon

65 Member

Pedro

96 Member

JoAnn

84 Member

David

7 Member

Barbara Massey 11 Member

Austin

153 Member

Bob

113 Member

John

73 Member

Last Name

First Name

District

Graves Tumlin Dickson Bearden Dean Freeman Knox Lord Mitchell Von Epps

David Steve Tom Timothy Douglas Allen Tom Jimmy Billy Carl

137 Chair 38 Vice-Chair
6 Secretary 68 Member 59 Member 140 Member 24 Member 142 Member 88 Member 128 Member

Last Name

First Name

District

Bridges

Ben

10 Chair

140
Committee Rules

JOURNAL OF THE HOUSE

Golick Mumford Benton Brooks Buckner Coleman Cummings Day James Jenkins Meadows Williams
Last Name
Ehrhart Burmeister Mills Barnard Bridges Brown Burkhalter Casas Channell Cooper Fleming Golick Graves Hugley Keen Lane Lewis Lunsford Millar Parham Parrish Porter Ralston Randall Ray Rice Scott Shaw

Rich

34 Vice-Chair

Robert

95 Secretary

Tommy

31 Member

Tyrone

63 Member

Debbie

130 Member

Brooks

97 Member

Bill

16 Member

Burke

163 Member

Lynmore

135 Member

Charles

8 Member

John

5 Member

Earnest "Coach" 89 Member

First Name

District

Earl

36 Chair

Sue

119 Vice-Chair

James

25 Secretary

Terry

166 Member

Ben

10 Member

Jeff

69 Member

Mark

50 Member

David

103 Member

Mickey

116 Member

Sharon

41 Member

Barry

117 Member

Rich

34 Member

David

137 Member

Carolyn

133 Member

Jerry

179 Member

Bob

158 Member

Jeff

15 Member

John

110 Member

Fran

79 Member

Bobby

141 Member

Larry "Butch" 156 Member

DuBose

143 Member

David

7 Member

Nikki

138 Member

Robert

136 Member

Tom

51 Member

Austin

153 Member

Jay

176 Member

MONDAY, JANUARY 24, 2005

141

Committee Science & Technology
Committee Special Rules
Committee State Institutions & Property

Smith Smith Smyre Stephens Walker Willard
Last Name
Amerson Martin Scheid Casas Henson Howard Jackson Loudermilk Lunsford Oliver
Last Name
Hill Keown Holt
Last Name
Barnard Cole Cox Borders Bryant Sr. Buckner Butler Dean Ehrhart Greene Heard Hill Reece Rice Williams

Bob Vance Calvin Ron Len Wendell

113 Member 129 Member 132 Member 164 Member 107 Member
49 Member

First Name

District

Amos

9 Chair

Chuck

47 Vice-Chair

Chuck

22 Secretary

David

103 Member

Michelle

87 Member

Henry

121 Member

Dr. Lester

161 Member

Barry

14 Member

John

110 Member

Mary Margaret 83 Member

First Name

District

Calvin Mike Doug

21 Chair 173 Vice-Chair
112 Secretary

First Name

District

Terry

166 Chair

Jim

125 Vice-Chair

Clay

102 Secretary

Ron

175 Member

Robert "Bob" 160 Member

Debbie

130 Member

Mark

18 Member

Douglas

59 Member

Earl

36 Member

Gerald

149 Member

John

104 Member

Calvin

21 Member

Barbara Massey 11 Member

Tom

51 Member

Al

165 Member

142

JOURNAL OF THE HOUSE

Committee State Planning & Community Affairs

Last Name
Smith Geisinger Sheldon Barnes Dukes Floyd Heckstall Henson Lakly Meadows Mitchell Mosley Smith Smith Willard

Committee Transportation

Last Name
Smith Mosley Loudermilk Abdul-Salaam Benton Burns Channell Coleman Davis Fleming Floyd Graves Hatfield Hill Holt Howard Jacobs Jones Jordan May McCall Rogers Rynders

First Name
Tommy Harry Donna Mike Winfred Hugh Joe Michelle Daniel John Billy Hinson Richard Lynn Wendell
First Name
Vance Hinson Barry Roberta Tommy Jon Mickey Terry Steve Barry Johnny Tom Mark Cecily Doug Henry Mike Sheila Darryl Jeff Tom Carl Ed

District
168 Chair 48 Vice-Chair 105 Secretary
78 Member 150 Member 99 Member 62 Member 87 Member 72 Member
5 Member 88 Member 178 Member 131 Member 70 Member 49 Member
District
129 Chair 178 Vice-Chair
14 Secretary 74 Member 31 Member 157 Member 116 Member 144 Member 109 Member 117 Member 147 Member 12 Member 177 Member 180 Member 112 Member 121 Member 80 Member 44 Member 77 Member 111 Member 30 Member 26 Member 152 Member

MONDAY, JANUARY 24, 2005

143

Sims Smith Wix

Freddie Powell 151 Member

Paul

13 Member

Don

33 Member

Committee Ways & Means

Last Name

First Name

O'Neal Williams Scott Beasley-Teague Borders Brown Cummings Day Fludd Graves Jamieson Lewis Mills Orrock Rice Roberts Royal Scott Setzler Sims Stanley-Turner Stephens

Larry Roger Martin Sharon Ron Jeff Bill Burke Virgil Tom Jeanette Jeff James Nan Tom Jay Richard Austin Ed Chuck LaNett Ron

District
146 Chair 4 Vice-Chair
2 Secretary 65 Member 175 Member 69 Member 16 Member 163 Member 66 Member 12 Member 28 Member 15 Member 25 Member 58 Member 51 Member 154 Member 171 Member 153 Member 35 Member 169 Member 53 Member 164 Member

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

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Representative Hall, Atlanta, Georgia

Tuesday, January 25, 2005

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:

Abdul-Salaam Amerson Ashe Barnard Barnes Bearden Benfield Benton Borders Bridges Brooks Brown Bruce Bryant Buckner, D Buckner, G Burmeister Burns Butler Byrd Carter Casas Chambers Cheokas Cole Coleman, B Cox Crawford Cummings Dean

Dickson Dodson Dollar Dukes Ehrhart England Epps Fleming E Floyd, H Floyd, J Fludd Forster Franklin Freeman Gardner Geisinger E Golick Graves, T E Greene Hanner Harbin Hatfield Heard, J Heard, K Heckstall Hembree Hill, C Hill, C.A Holmes Horne

Houston Howard Hugley Jackson Jacobs James Jamieson Jenkins Jennings Johnson Jones, J Jones, S Jordan Keen Keown Kidd Knight Knox Lakly Lane, B Lane, R Lewis Lindsey Lord Loudermilk Lunsford Maddox Manning Marin Maxwell

May McCall Meadows Millar Miller Mitchell Mosby Mosley Mumford Murphy, J Murphy, Q Neal Oliver O'Neal Parham Parrish Parsons Porter Powell Ralston Randall Reece, B Reece, S Reese Rice Roberts Rogers Royal Rynders

Scheid Scott, A Scott, M Setzler Shaw Sheldon Sims, F Smith, B Smith, L Smith, P Smith, R Smith, T Smith, V Stephens Stephenson Talton Teilhet Thomas, B Tumlin Walker Warren Watson Wilkinson Willard Williams, A Williams, E Wix Yates Richardson, Speaker

The following members were off the floor of the House when the roll was called:

Representatives Anderson of the 123rd, Beasley-Teague of the 65th, Black of the 174th, Bordeaux of the 162nd, Burkhalter of the 50th, Channell of the 116th, Coan of the 101st, Coleman of the 144th, Cooper of the 41st, Davis of the 109th, Day of the 163rd, Drenner of the 86th, Floyd of the 99th, Graves of the 137th, Henson of the 87th, Holt of the 112th, Hudson of the 124th, Lucas of the 139th, Mangham of the 94th, Martin of the 47th, McClinton of the 84th, Morgan of the 39th, Morris of the 155th, Orrock of the 58th, Ray of the 136th, Sailor of the 93rd, Sims of the 169th, Sinkfield of the 60th, Smyre of the 132nd, Stanley-Turner of the 53rd, Thomas of the 55th, and Williams of the 4th.

TUESDAY, JANUARY 25, 2005

145

They wish to be recorded as present.
Prayer was offered by the Reverend Philip Vestal, Harlem Baptist Church, Harlem, Georgia.
The members pledged allegiance to the flag.
Representative Heard of the 104th, Chairman of the Committee on Information and Audits, 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.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 12. By Representatives Cox of the 102nd, Thomas of the 100th, Holt of the 112th, Casas of the 103rd, Mumford of the 95th and others:
A BILL to be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that Georgia taxable net income of any taxpayer shall not include income which is attributable directly to the business of any taxpayer which has been relocated to certain vacant office space; to provide for conditions and limitations; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 15. By Representative Bearden of the 68th:

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A BILL to be entitled an Act to provide for the holding of an advisory referendum election to determine whether the qualified electors of the State of Georgia desire a change in the state flag; 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.
HB 35. By Representative Mitchell of the 88th:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to general provisions regarding administration of mental health, developmental disabilities, addictive diseases, and other disability services, so as to provide for the Community Service Board Overview Commission; to provide for such commissions organization, vacancies, duties, powers, and expenditures; to provide for the appointment, qualifications, terms, compensation, allowances, and expenses of members; to provide for commission assistance, staffing, and services; to provide for community service board cooperation; to provide for reports; to provide for legal enforcement; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Human Relations & Aging.
HB 37. By Representatives Wilkinson of the 52nd, Willard of the 49th, Geisinger of the 48th and Lindsey of the 54th:
A BILL to be entitled an Act to incorporate the City of Sandy Springs in Fulton County; to provide for a charter for the City of Sandy Springs; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures: to provide for ordinances; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, a tax collector, a city accountant, and other personnel; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.

TUESDAY, JANUARY 25, 2005

147

HB 88. By Representatives Amerson of the 9th and Reece of the 27th:
A BILL to be entitled an Act to provide a homestead exemption from Lumpkin County school district ad valorem taxes for educational purposes in the amount of $120,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 89. By Representative Coleman of the 144th:
A BILL to be entitled an Act to amend Code Section 21-2-134 of the Official Code of Georgia Annotated, relating to the withdrawal, death, or disqualification of candidates, so as to provide that, when a candidate withdraws, the election superintendent shall cause the name of such withdrawn candidate to be removed from the ballot if possible; to provide that no candidate may withdraw within ten days of a primary or election; to provide that certain notices shall be given to voters concerning such withdrawals; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 90. By Representative Coleman of the 144th:
A BILL to be entitled an Act to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to provide definitions; to provide for the Public Service Commission to issue certificates of authority for cable television service providers in this state; to provide for the issuance, expiration, suspension, and revocation of such certificates; to provide for standards for customer service by cable television service providers; to provide for related matters; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Utilities & Telecommunications.
HB 91. By Representative Coleman of the 144th:

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A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure of the Department of Administrative Services, so as to define certain terms; to provide for a preference in certain state and local government purchasing contracts for vendors who are residents of Georgia or for products of Georgia; to provide for application; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
HB 92. By Representative Bearden of the 68th:
A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to speed detection devices, so as to repeal certain provisions relating to visibility of vehicles from which such devices are operated; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety.
HB 93. By Representatives Franklin of the 43rd, Reese of the 98th, Coan of the 101st, Scott of the 2nd, Rice of the 51st and others:
A BILL to be entitled an Act to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against public health and morals, so as to make certain findings of fact; to define certain terms; to provide that any abortion shall be unlawful; to provide a penalty; to provide for severance; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 94. By Representatives Borders of the 175th, Shaw of the 176th, Houston of the 170th and Black of the 174th:
A BILL to be entitled an Act to amend Code Section 34-8-194 of the Official Code of Georgia Annotated, relating to grounds for disqualification for employment security benefits, so as to change provisions relating to the effect of discharge from employment because of absenteeism caused by illness; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industrial Relations.

TUESDAY, JANUARY 25, 2005

149

HB 95. By Representatives Willard of the 49th and Oliver of the 83rd:
A BILL to be entitled an Act to amend the O.C.G.A., 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 O.C.G.A.; to reenact the statutory portion of the O.C.G.A., as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the O.C.G.A.; to repeal portions of the Code and Acts amendatory thereof which have become obsolete; to delete portions of the Code which have been superseded by subsequent state laws; to provide for and to correct citations in the O.C.G.A. and other codes and laws of the state; to rearrange, renumber, and redesignate provisions of the O.C.G.A.; to provide for other matters relating to the O.C.G.A.; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 96. By Representatives Marin of the 96th, Floyd of the 99th, Thomas of the 100th, Casas of the 103rd and Coan of the 101st:
A BILL to be entitled an Act to amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to abatement of nuisances generally, so as to change certain provisions relating to definitions relative to county and municipal abatement powers; to change certain provisions relating to county or municipal ordinances relating to unfit buildings or structures; to change certain provisions relating to determinations by public officers that dwellings, buildings, or structures are unfit or vacant, dilapidated, or being used in connection with commission of drug crimes; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HB 97. By Representatives Ralston of the 7th and Graves of the 12th:
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 judges of superior courts, so as to provide for a third judge of the superior courts of the Appalachian Judicial Circuit; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of said court to divide and allocate the work and duties thereof; to provide for the manner of

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impaneling jurors; to provide for an additional court reporter for said circuit; to declare inherent authority; to provide for a conditional effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 98. By Representatives Golick of the 34th, Roberts of the 154th, Smith of the 70th and Jones of the 46th:
A BILL to be entitled an Act to amend Chapter 22 of Title 36 of the O.C.G.A., relating to community greenspace preservation, so as to provide a short title; to provide for state and local government activities with respect to land conservation; to state legislative intent; to define terms; to create the Georgia Land Conservation Council and provide for its membership, powers, duties, and operations; to create the Georgia Land Conservation Trust Fund and to create the Georgia Land Conservation Revolving Loan Fund and provide for appropriations and other additions to said funds, as well as grants and other disbursements from said funds; to provide for eligibility for and award and disbursement of grants to counties, cities, and the Department of Natural Resources; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 99. By Representative Smith of the 129th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Hamilton, approved March 10, 1964 (Ga. L. 1964, p. 2601), as amended, so as to provide for the filling of vacancies in the offices of the mayor or councilmen; 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.
HB 100. By Representatives Ashe of the 56th and Oliver of the 83rd:
A BILL to be entitled an Act to amend Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Charter Schools Act of 1998," so as to revise and clarify certain provisions relating to funding for charter schools; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.

TUESDAY, JANUARY 25, 2005

151

HB 101. By Representatives Brooks of the 63rd and Cummings of the 16th:
A BILL to be entitled an Act to amend Article 5 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable in the Peace Officers Annuity and Benefit Fund, so as to provide for creditable service for certain prior service; to provide for an employees contribution; to provide for application and conditions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 102. By Representatives Oliver of the 83rd, Benfield of the 85th, Ashe of the 56th and Gardner of the 57th:
A BILL to be entitled an Act to amend Title 21 of the O.C.G.A., relating to elections, so as to create a taxpayer funded method of financing certain judicial elections for certain candidates who demonstrate public support and accept strict fund-raising and spending limitations; to change certain provisions relating to the duty of the State Election Board; to change certain provisions relating to the enforcement of Chapter 2 of said title, relating to elections and primaries generally; to provide that the State Election Board enforce provisions relating to the "Georgia Public Financing for Appellate Judicial Campaign Fund Act"; to provide for a short title; to make legislative findings; to provide for definitions; to provide for a fund to finance the election campaigns of certain judicial candidates; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 103. By Representatives Ray of the 136th, Royal of the 171st, Crawford of the 127th and Lane of the 158th:
A BILL to be entitled an Act to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to change certain provisions relating to the notice period required prior to sale under a tax execution; to change certain provisions relating to amount payable for redemption; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

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HB 104. By Representatives Mosley of the 178th, Lane of the 167th, Burns of the 157th, Sims of the 169th and Hatfield of the 177th:
A BILL to be entitled an Act to amend Code Section 47-2-96.1 of the Official Code of Georgia Annotated, relating to creditable service in the Employees Retirement System of Georgia for certain temporary full-time service, so as to change certain provisions relating to allowable service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 105. By Representatives Fludd of the 66th and Millar of the 79th:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for accurate and complete electronic format versions of certain textbooks; to provide for supplying copies of electronic text versions of certain textbooks to local boards of education upon request; to authorize local boards of education to provide electronic versions of textbooks to schools and students; to provide for payment; to provide for construction; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 106. By Representative Barnard of the 166th:
A BILL to be entitled an Act 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 definition of the term "sexually violent offense"; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 107. By Representative Barnard of the 166th:
A BILL to be entitled an Act to amend Code Section 27-5-5 of the Official Code of Georgia Annotated, relating to wild animals for which licenses or permits are required, so as to change the list of animals for which licenses or permits are or may be required; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.

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HB 108. By Representative Barnard of the 166th:
A BILL to be entitled an Act to provide for state-wide licenses for bird dealers or pet dealers who own or operate multiple dealership locations of the same class; to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to change certain provisions relating to licenses for dealers in exotic birds and pet birds and issuance, duration, renewal, and fees for such licenses; to change certain provisions relating to licenses for pet dealers and kennel, stable, or animal shelter operators and requirements, issuance, and applications for such licenses; 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 change certain provisions relating to control of hazardous conditions, preventable diseases, and metabolic disorders; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 109. By Representatives Lucas of the 139th and Graves of the 137th:
A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to state government in general, so as to prescribe procedures which a state agency shall follow in order to identify and notify the owner of any property impounded by the agency prior to the sale or disposition of the property; to provide a minimum period of time for an innocent owner to reclaim impounded property or the proceeds of its sale; to define terms; to provide for relationship to other laws; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 110. By Representatives Lucas of the 139th and Ray of the 136th:
A BILL to be entitled an Act to amend Article 1 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to sales under tax executions, so as to provide for additional requirements with respect to tax deeds or bills of sale; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 111. By Representative O`Neal of the 146th:

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A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 112. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 113. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Chapter 12 of Title 48 of the Official Code of Georgia Annotated, relating to estate tax, so as to change certain definitions regarding such tax; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 114. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel and road taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 115. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Article 5 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxes on rental of motor vehicles, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.

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HB 116. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain definitions regarding such taxation; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 117. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of intangibles, so as to change certain provisions regarding the real estate transfer tax; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 118. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to change certain provisions regarding issuance of tax executions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 119. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, so as to change certain definitions regarding such fees and classes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 120. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxes on rooms, lodgings, and accommodations, so as to change certain definitions regarding

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such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 121. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to change certain provisions regarding procedures for sales under tax levies and executions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 122. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding revenue and taxation, so as to change certain provisions regarding definitions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 123. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Chapter 17 of Title 48 of the Official Code of Georgia Annotated, relating to coin operated amusement machines, so as to change certain definitions regarding such machines; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 124. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to cigar and cigarette taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 125. By Representative Jamieson of the 28th:

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A BILL to be entitled an Act 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 employees contribution rate at not less than 3 percent nor more than 6 percent of the members compensation; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 126. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to amend Code Section 47-3-101 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement under the Teachers Retirement System of Georgia, duration of benefits paid to a retired member, and payment to maintain such retirement system, so as to provide that a member with at least five years of membership service shall be vested for a benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 127. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to amend Code Section 47-3-120 of the Official Code of Georgia Annotated, relating to allowance on service retirement in the Teachers Retirement System of Georgia, so as to increase the retirement allowance multiplier; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 128. By Representative O`Neal of the 146th:
A BILL To be entitled an Act to amend Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration and enforcement regarding revenue and taxation, so as to change certain provisions regarding the Department of Revenue; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 129. By Representative Jamieson of the 28th:

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A BILL to be entitled an Act to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to provide for a service retirement upon the attainment of 29 years of creditable service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 130. By Representatives Marin of the 96th, Floyd of the 99th, Thomas of the 100th, Coan of the 101st, Heard of the 104th and others:
A BILL to be entitled an Act to amend Chapter 15 of Title 16 of the Official Code of Georgia Annotated, the "Georgia Street Gang Terrorism and Prevention Act," so as to change certain definitions; to change certain provisions relating to the prohibition against participation in criminal street gang activity; to provide for the admissibility of certain evidence at trial; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 131. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to amend Code Section 47-3-120 of the Official Code of Georgia Annotated, relating to allowance on service retirement in the Teachers Retirement System of Georgia, so as to eliminate a penalty for early retirement; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 132. By Representatives Sims of the 169th, Smith of the 168th and Jamieson of the 28th:
A BILL to be entitled an Act to amend Part 5 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits for certain law enforcement personnel under the Employees Retirement System of Georgia, so as to increase the retirement benefit for certain law enforcement officers; to reduce the retirement age for such members; to provide for creditable service for certain prior service; to provide for application and payment of contributions; to provide for an additional employee membership contribution; to provide for a maximum retirement benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Retirement.
HB 133. By Representatives Borders of the 175th, Black of the 174th and Shaw of the 176th:
A BILL to be entitled an Act to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to establish the Georgia Long-Term Care Partnership Program; to provide a short title; to provide definitions; to provide for the administration of the program; to provide for certain duties and responsibilities; to provide that certain assets of persons not be considered when certain determinations concerning eligibility for Medicaid assistance are made; to provide for criteria for asset disregard; to provide for reciprocal agreements with other states; to authorize the Department of Community Health and the Commissioner of Insurance to promulgate certain rules and regulations; to provide for certain contingencies; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 134. By Representatives Lunsford of the 110th, May of the 111th, Davis of the 109th, Holt of the 112th, Mosby of the 90th and others:
A BILL to be entitled an Act to amend Code Section 15-6-2 of the O.C.G.A., relating to the number of judges of the superior courts, so as to provide for a third judge of the superior courts of the Flint Judicial Circuit; to provide for the appointment of the initial additional judge and a term of office; to provide for the subsequent election and term of office of said judge; to fix a time at which such judge shall begin his or her term of office; to require candidates for such judgeships to designate the places for which they are running; to prescribe the powers, duties, jurisdiction, privileges, and immunities of said judge; to provide for a chief judge and to prescribe his or her powers, duties, and privileges; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia; to repeal specific Acts; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 135. By Representatives Amerson of the 9th, Bridges of the 10th, Mosley of the 178th, Williams of the 4th, Loudermilk of the 14th and others:

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A BILL to be entitled an Act to amend Code Section 40-2-84 of the Official Code of Georgia Annotated, relating to license plates for veterans awarded the Purple Heart, so as to provide that Purple Heart license plates shall be available for motorcycles; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 136. By Representatives Sims of the 169th, Smith of the 168th and Jamieson of the 28th:
A BILL to be entitled an Act to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as provide for the gradual elimination of the excise tax on rental motor vehicles; to provide for the specific repeal of Article 5 of said chapter, relating to the excise tax on rental motor vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 137. By Representatives Lunsford of the 110th, Smith of the 129th, Keen of the 179th, Ehrhart of the 36th, O`Neal of the 146th and others:
A BILL to be entitled an Act to amend Chapter 23 of Title 50 of the O.C.G.A., relating to the Georgia Environmental Facilities 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 Georgia Environmental Facilities 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; 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.
Referred to the Committee on Ways & Means.
HB 138. By Representatives Lunsford of the 110th, May of the 111th, Davis of the 109th and Holt of the 112th:

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A BILL to be entitled an Act to amend Chapter 20 of Title 50 of the Official Code of Georgia Annotated, relating to the states relations with nonprofit contractors, so as to authorize the establishment of one or more legislative Nonprofit Contractor Oversight Panels; to provide for legislative intent; to provide for the membership, operation, and powers and duties of such panels; to provide for the power to require attendance and the provision of financial records by nonprofit contractors; to provide for the effect of noncompliance; to provide for cooperation and assistance by the state auditor and state agencies; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 139. By Representatives Lunsford of the 110th, Yates of the 73rd, Mumford of the 95th, Smith of the 129th, Graves of the 12th and others:
A BILL to be entitled an Act to amend Code Section 40-2-68 of the Official Code of Georgia, 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; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 140. By Representative Barnard of the 166th:
A BILL to be entitled an Act 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 definition of the term "sexually violent offense"; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 141. By Representatives Amerson of the 9th, Williams of the 4th, Loudermilk of the 14th, Dickson of the 6th, Hatfield of the 177th and others:
A BILL To be entitled an Act to amend Part 2 of Article 13 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to motorcycles, so as to provide for certain traffic regulations relating to motorcycles; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.

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HB 142. By Representative Smith of the 168th:
A BILL to be entitled an Act 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 the age of majority; to provide for postmajority child support in final verdict or divorce decree; to provide that a childs eligibility to receive public benefits shall not be impacted by an award of postmajority child support; to change certain provisions relating to inclusion of life insurance in order of support; to change certain provisions relating to parents obligations to child; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HR 47. By Representatives Keen of the 179th, Richardson of the 19th, Burkhalter of the 50th, Royal of the 171st, Channell of the 116th and others:
A RESOLUTION paying tribute to the memory of a great Georgian, the late Paul D. Coverdell, and naming the Paul D. Coverdell Legislative Office Building in his honor; and for other purposes.
Referred to the Committee on Rules.
HR 48. By Representatives Dodson of the 75th, Barnes of the 78th, Buckner of the 76th, Abdul-Salaam of the 74th, Jordan of the 77th and others:
A RESOLUTION recognizing Honorable Martha K. Glaze and designating the Clayton Regional Youth Detention Center as the Martha K. Glaze Regional Youth Detention Center; and for other purposes.
Referred to the Committee on State Institutions & Property.
HR 49. By Representatives Jennings of the 82nd, Parham of the 141st, Powell of the 29th, Burkhalter of the 50th, Watson of the 91st and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide for apportionment of the House of Representatives on the basis of single-member districts; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Legislative & Congressional Reapportionment.

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

HB 29 HB 30 HB 32 HB 33 HB 36 HB 70 HB 71 HB 72 HB 73 HB 74 HB 75 HB 76 HB 77 HB 78

HB 79 HB 80 HB 81 HB 82 HB 83 HB 84 HB 85 HB 86 HB 87 HR 6 HR 7 HR 29 HR 30

The following Resolutions of the House were read:

HR 51. By Representatives Burns of the 157th and Carter of the 159th:

A RESOLUTION recognizing and commending Herb Jones for his exemplary public service; and for other purposes.

HR 52. By Representative Cheokas of the 134th:

A RESOLUTION remembering and honoring the life of James Frank Myers, Jr.; and for other purposes.

HR 53. By Representative Jamieson of the 28th:

A RESOLUTION commending Chris Yearwood; and for other purposes.

HR 54. By Representatives Buckner of the 130th, Smyre of the 132nd, Hugley of the 133rd, Smith of the 129th and Smith of the 131st:

A RESOLUTION recognizing and commending the extraordinary career of Doris R. "Dee" Cantrell, FNP, Ed.D. on the occasion of her retirement; and for other purposes.

HR 55. By Representatives Hembree of the 67th, Burkhalter of the 50th, Brooks of the 63rd, Richardson of the 19th, Porter of the 143rd and others:

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A RESOLUTION commending and recognizing the Georgia Association of Black State Universities; and for other purposes.

HR 56. By Representatives Henson of the 87th, Drenner of the 86th, Watson of the 91st, Stephenson of the 92nd, Mosby of the 90th and others:

A RESOLUTION commending Georgia Perimeter College on the groundbreaking of its new student center; and for other purposes.

HR 57. By Representative Keen of the 179th:

A RESOLUTION remembering and honoring the life of Helen Richards Whittle Katz; and for other purposes.

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

Y Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague
Benfield Benton Y Black Bordeaux Y Borders Y Bridges Y Brooks Y Brown Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T

Y Crawford Y Cummings Y Davis
Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps
Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger E Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson

Y Holmes Holt
Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings
Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox
Mangham Y Manning

Y Maxwell Y May Y McCall Y McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers

Y Sailor Y Scheid Y Scott, A Y Scott, M
Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton
Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Willard Y Williams, A Y Williams, E Williams, R Wix

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Cooper Y Cox

Y Hill, C Y Hill, C.A

Y Marin Y Martin

Y Royal Y Rynders

Y Yates Richardson,
Speaker

On the adoption of the Resolutions, the ayes were 154, nays 0.

The Resolutions were adopted.

Due to a mechanical malfunction, the vote of Representative Day of the 163rd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Wednesday, January 26, 2005

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:

Abdul-Salaam Amerson Anderson Ashe Barnard Barnes Bearden Beasley-Teague Benton Borders Bridges Brooks Bruce Bryant Buckner, D Buckner, G Burkhalter Burns Byrd Carter Casas Chambers Cheokas Coan Cole Coleman, B Cooper Cox Crawford

Cummings Davis Dickson Dodson Drenner Ehrhart England Epps Fleming Floyd, J Fludd Forster Franklin Freeman Gardner Geisinger Golick Graves, D Graves, T E Greene Hanner Harbin Hatfield Heard, J E Heard, K Hembree Henson Hill, C Hill, C.A

Holmes Holt Horne Houston Hugley Jackson Jacobs James Jamieson Jenkins Johnson Jones, J Jones, S Jordan Keen Keown Kidd Knight Knox Lakly Lane, B Lane, R Lewis Lindsey Lord Loudermilk Lunsford Maddox Marin

Maxwell May McCall Meadows Millar Miller Mills Mitchell Morgan Morris Mosby Mosley Mumford Murphy, J Murphy, Q Neal Oliver O'Neal Parham Parrish Parsons Porter Powell Ralston Ray Reece, B Reece, S Reese Roberts

Royal Rynders Scheid Scott, A Scott, M Setzler Shaw Sheldon Sims, F Smith, B Smith, L Smith, P Smith, R Smith, T Smith, V Stephens Stephenson Talton Teilhet Thomas, A.M Thomas, B Walker Warren Wilkinson Willard Williams, E Williams, R Yates Richardson, Speaker

The following members were off the floor of the House when the roll was called:

Benfield of the 85th, Black of the 174th, Bordeaux of the 162nd, Brown of the 69th, Butler of the 18th, Channell of the 116th, Coleman of the 144th, Day of the 163rd, Dean of the 59th, Dollar of the 45th, Dukes of the 150th, Floyd of the 99th, Heckstall of the 62nd, Hudson of the 124th, Jennings of the 82nd, Lucas of the 139th, Mangham of the 94th, Manning of the 32nd, Martin of the 47th, McClinton of the 84th, Orrock of the 58th, Randall of the 138th, Rice of the 51st, Rogers of the 26th, Sailor of the 93rd, Sims of the 169th, Sinkfield of the 60th, Smyre of the 132nd, Stanley-Turner of the 53rd, Tumlin of the 38th, Watson of the 91st, Williams of the 165th and Wix of the 33rd.

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They wish to be recorded as present.
Prayer was offered by Dr. Benny Tate, Senior Pastor, Rock Springs Church, Milner, Georgia.
The members pledged allegiance to the flag.
Representative Heard of the 104th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 4. By Representative Bridges of the 10th:
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 enact the "Babys Right To Know Act"; to request that an unmarried mother identify the name of a babys father; to provide for county health departments to attempt to locate putative fathers; to provide for amended birth certificates; to require the identification on birth certificates of certain children born as a result of artificial insemination; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

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HB 5.

By Representatives Borders of the 175th, Williams of the 4th, Fludd of the 66th, Brown of the 69th, Black of the 174th and others:

A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from 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; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

HB 143. By Representative Channell of the 116th:

A BILL to be entitled an Act to provide for a homestead exemption from Greene 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.

HB 144. By Representative Channell of the 116th:

A BILL to be entitled an Act to provide for a homestead exemption from Greene 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; 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.

HB 145. By Representatives Day of the 163rd and Stephens of the 164th:

A BILL to be entitled an Act to amend Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning public officers and employees, so as to prohibit certain promotions or

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advertisements; to prohibit certain campaign activities; to provide for criminal penalties; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 146. By Representatives Channell of the 116th, Parham of the 141st and Hudson of the 124th:
A BILL to be entitled an Act to create a board of elections and registration for Putnam County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 147. By Representatives Henson of the 87th, Wilkinson of the 52nd, Burmeister of the 119th, Drenner of the 86th and Stephens of the 164th:
A BILL to be entitled an Act 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 expunge or delete certain infractions from the disciplinary record of any licensee; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 148. By Representatives Lucas of the 139th, Burkhalter of the 50th and Lewis of the 15th:
A BILL to be entitled an Act to amend Code Section 46-5-134 of the Official Code of Georgia Annotated, relating to billing, collection, and use of emergency "911" telephone charges, so as to provide that local governments shall make periodic reports to the Georgia Emergency Management Agency of amounts collected and expended; to provide for local government refunds to telephone subscribers of any amounts improperly expended; to provide for

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administrative penalties for late or improper reports; 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.
HB 149. By Representatives Franklin of the 43rd, Scott of the 2nd, Jacobs of the 80th, Benfield of the 85th, Willard of the 49th and others:
A BILL to be entitled an Act to amend Code Section 18-4-22 of the Official Code of Georgia Annotated, relating to the exemption of certain pension or retirement funds or benefits from garnishment until certain payment or transfer thereof, so as to provide for such an exemption with respect to additional individual retirement account funds or benefits; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 150. By Representatives Franklin of the 43rd, Ehrhart of the 36th, Keen of the 179th, Burkhalter of the 50th, Willard of the 49th and others:
A BILL to be entitled an Act to amend Code Section 15-2-8 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Supreme Court, so as to provide that the Supreme Court shall permit any person who has graduated from a law school, regardless of whether such law school is accredited or approved by the American Bar Association or the Georgia Board of Bar Examiners, to take the state bar examination if such person meets all other qualifications to take such examination; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 151. By Representative Martin of the 47th:
A BILL to be entitled an Act to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping of records of applications for drivers licenses and information on licensees, so as to extend the pilot program to determine the revenue feasibility of supplying limited rating information to agents, insurers, and insurance support organizations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Science and Technology.

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HR 50. By Representatives England of the 108th, McCall of the 30th, Roberts of the 154th, Benton of the 31st, Jamieson of the 28th and others:

A RESOLUTION creating the Joint Agricultural Education Study Committee; and for other purposes.

Referred to the Committee on Education.

HR 58. By Representatives Keen of the 179th, Richardson of the 19th, Burmeister of the 119th and Jamieson of the 28th:

A RESOLUTION proposing an amendment to the Constitution so as to eliminate the provisions requiring the local funding of education by ad valorem taxation and provide for the imposition of a state sales and use tax at a rate not to exceed 3 percent, as determined by the General Assembly, the proceeds of which shall be used exclusively for educational programs and purposes prior to the college or postsecondary level; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Ways & Means.

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

HB 12 HB 15 HB 35 HB 37 HB 88 HB 89 HB 90 HB 91 HB 92 HB 93 HB 94 HB 95 HB 96 HB 97 HB 98 HB 99 HB 100 HB 101

HB 115 HB 116 HB 117 HB 118 HB 119 HB 120 HB 121 HB 122 HB 123 HB 124 HB 125 HB 126 HB 127 HB 128 HB 129 HB 130 HB 131 HB 132

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HB 102 HB 103 HB 104 HB 105 HB 106 HB 107 HB 108 HB 109 HB 110 HB 111 HB 112 HB 113 HB 114

HB 133 HB 134 HB 135 HB 136 HB 137 HB 138 HB 139 HB 140 HB 141 HB 142 HR 47 HR 48 HR 49

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

HR 59. By Representatives Lunsford of the 110th and Davis of the 109th:

A RESOLUTION recognizing and commending Judge Del Buttrill and inviting him to appear before the House of Representatives; and for other purposes.

HR 62. By Representatives McCall of the 30th, Crawford of the 127th, Ray of the 136th, Lane of the 158th and Roberts of the 154th:

A RESOLUTION recognizing and commending the Georgia Farm Bureau Federation and inviting its president to appear before the House of Representatives; and for other purposes.

HR 67. By Representative Talton of the 145th:

A RESOLUTION recognizing the Warner Robins High School Football Team, winners of the 2004 State Class AAAA Championship, and inviting the team to the House of Representatives; and for other purposes.

The following members were recognized during the period of Morning Orders and addressed the House:

Porter of the 143rd and Brooks of the 63rd.

Representative Smith of the 70th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:

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Your Committee on Natural Resources and Environment 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 98 Do Pass, as Amended

Respectfully submitted, /s/ Smith of the 70th
Chairman

The following Resolution of the House, referred to the House Rules Sub Committee on Invites, was reported by the Committee on Rules with the following recommendation:

HR 59 Do Pass

The following communication was received:

House of Representatives 332 State Capitol Atlanta, GA 30334

January 25, 2005

Mr. Robbie Rivers, Clerk Georgia House of Representatives Room 307, State Capitol Atlanta, Georgia 30334

Dear Clerk:

Due to clerical errors, the committee assignments for Representative Barbara Massey Reece previously reported to you and placed in the journal, were not correct. The following clarification should be entered in the journal:

Representatives

Add to:

Barbara Massey Reece

Science & Technology

Sincerely,

/s/ Glenn Richardson Speaker

GR/gm

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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.

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Representative Hall, Atlanta, Georgia

Thursday, January 27, 2005

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:

Abdul-Salaam Amerson Ashe Barnes Bearden Benfield Benton Borders Bridges Brooks Brown Bruce Bryant Buckner, D Burkhalter Burmeister Burns Butler Byrd Carter Casas Chambers Cheokas Coan Cole Coleman, B Cooper Cummings Davis

Day Dickson Dodson Drenner Dukes Ehrhart England Epps Fleming Floyd, H Floyd, J Forster Franklin Freeman Gardner Geisinger Graves, T E Greene Hanner Hatfield Heard, J Heard, K Heckstall Hill, C Hill, C.A Holmes Holt Horne Howard

E Hudson Hugley Jackson Jacobs James Jamieson Jenkins Jennings Johnson Jones, J Jones, S Jordan Keen Keown Kidd Knight Lakly Lane, B Lane, R Lewis Lindsey Lord Loudermilk Lucas Lunsford Maddox Mangham Marin Maxwell

May McCall Meadows Millar Miller Mills Mosby Mosley Mumford Murphy, J Murphy, Q Neal Oliver O'Neal Parham Parrish Parsons Porter Powell Ralston Randall Ray Reece, B Reece, S Reese Rogers Royal Rynders Scheid

Scott, A Scott, M Setzler Shaw Sheldon Sims, F Smith, B Smith, L Smith, P Smith, T Smith, V Stanley-Turner Stephens Stephenson Talton Teilhet Thomas, B Tumlin Walker Warren Watson Wilkinson Williams, E Williams, R Yates Richardson, Speaker

The following members were off the floor of the House when the roll was called:

Representatives Anderson of the 123rd, Barnard of the 166th, Beasley-Teague of the 65th, Black of the 174th, Bordeaux of the 162nd, Channell of the 116th, Coleman of the 144th, Crawford of the 127th, Dean of the 59th, Dollar of the 45th, Fludd of the 66th, Golick of the 34th, Graves of the 137th, Harbin of the 118th, Hembree of the 67th, Houston of the 170th, Knox of the 24th, Manning of the 32nd, Martin of the 47th, McClinton of the 84th, Mitchell of the 88th, Morgan of the 39th, Morris of the 155th, Orrock of the 58th, Roberts of the 154th, Sailor of the 93rd, Sims of the 169th, Sinkfield of the 60th, Smith of the 131st, Smyre of the 132nd, Thomas of the 55th, Willard of the 49th, Williams of the 165th and Wix of the 33rd.

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They wish to be recorded as present.
Prayer was offered by Dr. Carl R. Hill, Senior Pastor, Canton First United Methodist Church, Canton, Georgia.
The members pledged allegiance to the flag.
Representative Heard of the 104th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 152. By Representatives Setzler of the 35th, Burkhalter of the 50th, Royal of the 171st and Keen of the 179th:
A BILL to be entitled an Act to amend Chapter 44 of Title 36 of the Official Code of Georgia Annotated, relating to redevelopment powers, so as to provide for enhanced redevelopment powers, duties, and authority; to provide for definitions; to provide for the creation of enhanced redevelopment districts; to provide for the funding of enhanced redevelopment projects; to provide for certain exemptions from sales and use taxation for a limited duration; to provide for the imposition of certain fees within the enhanced redevelopment district; to provide for the expenditure of the proceeds of such fees; to provide for powers, duties, and authority of the state revenue commissioner, the commissioner of community affairs, and the

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commissioner of economic development; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 153. By Representatives Forster of the 3rd, Coan of the 101st, Williams of the 4th, Ralston of the 7th, Scheid of the 22nd and others:
A BILL to be entitled an Act to enact the "Voluntary Contributions Act"; to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to place certain limitations on labor organizations with regard to the funding for certain political activities; to provide for definitions; to provide for the use of separate, segregated funds for political activity expenditures; to provide for certain limitations on the solicitation of funds for such activities; to provide penalties; to require certain filings and disclosures; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ethics.
HB 154. By Representatives Forster of the 3rd, Bridges of the 10th, Day of the 163rd, Neal of the 1st, Cox of the 102nd and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate recognizing and honoring police officers who have been wounded in the line of duty; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 155. By Representatives Ehrhart of the 36th, Heard of the 104th, Floyd of the 147th and Heard of the 114th:
A BILL to be entitled an Act to amend Chapter 22 of Title 50 of the Official Code of Georgia Annotated, relating to managerial control over acquisition of professional services, so as to provide a statement of purpose and policy; to define a certain term; to change the maximum number of professionals considered for selection; to repeal a provision relating to the selection of a professional in certain state contracts; to require a declaration by an interior

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designer in certain state contracts; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 156. By Representatives Buckner of the 130th, Hugley of the 133rd, Powell of the 29th, Porter of the 143rd, Jamieson of the 28th and others:
A BILL to be entitled an Act to amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to consent for surgical or medical treatment, so as to provide for a short title; to require that a female give her informed consent prior to an abortion; to require that certain information be provided to or made available to a female prior to an abortion; to require a written acknowledgment of receipt of such information; to define informed consent procedures; to provide for the preparation and availability of certain information; to provide for procedures in a medical emergency; to provide that a physician who complies with this article shall not be civilly liable for failure to obtain informed consent; to make conforming amendments to existing law; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 157. By Representatives Dean of the 59th and Brown of the 69th:
A BILL to be entitled an Act to amend Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to executions and judicial sales, and Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to prohibit the sale of tax executions; to make it unlawful to sell such tax executions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 158. By Representatives Bridges of the 10th, Keen of the 179th, Hembree of the 67th, Yates of the 73rd, Houston of the 170th and others:
A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, so as to provide that no school or school system receiving state funds shall prohibit or restrict the use of historical documents in classrooms for educational purposes on the basis that such documents contain or make

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reference to God; to provide a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 159. By Representatives Day of the 163rd, Stephens of the 164th and Neal of the 1st:
A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to speed detection devices, so as to prohibit the use of such devises on highways or bridges which have a grade in excess of 7 percent; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety.
HB 160. By Representatives Day of the 163rd, Stephens of the 164th and Neal of the 1st:
A BILL to be entitled an Act to amend Code Section 40-6-188 of the Official Code of Georgia Annotated, relating to highway work zones, so as to change certain requirements with respect to required signage; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 161. By Representatives Day of the 163rd, Stephens of the 164th, Bryant of the 160th and Neal of the 1st:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers licenses, so as to prohibit any drivers license or permit from containing the social security number of the licensee or permit holder; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 162. By Representatives Day of the 163rd, Stephens of the 164th, Bryant of the 160th, Amerson of the 9th and Dollar of the 45th:
A BILL to be entitled an Act to amend Code Section 46-5-25 of the Official Code of Georgia Annotated, relating to transmission of unsolicited

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commercial facsimile messages, so as to change certain provisions regarding disconnection of telephone service of certain violators; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Utilities & Telecommunications.
HB 163. By Representatives Porter of the 143rd, Hugley of the 133rd, Smyre of the 132nd, Randall of the 138th, Ashe of the 56th and others:
A BILL to be entitled an Act to amend Subpart 10 of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to grants to children of Georgia National Guard Members, so as to provide for grants for postsecondary education to members of the national guard under certain conditions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HB 164. By Representatives Porter of the 143rd, Hugley of the 133rd, Smyre of the 132nd, Randall of the 138th, Ashe of the 56th and others:
A BILL to be entitled an Act to amend Part 3 of Article 3 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to pay, pensions, and allowances for militia members, so as to provide that the state shall pay for life insurance for certain members of the national guard or air national guard who are residents of this state while on active duty or active duty for training; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 165. By Representatives Porter of the 143rd, Hugley of the 133rd, Smyre of the 132nd, Randall of the 138th, Ashe of the 56th and others:
A BILL to be entitled an Act to amend Part 3 of Article 3 of Chapter 2 of Title 38 of the O.C.G.A., relating to pay, pensions, and allowances for military personnel, so as to provide for financial assistance grants to families of residents of this state who are members of the Georgia National Guard or reserve forces or reserve components of the armed forces of the United States and who have been engaged in military duty for extended periods for the defense and protection of the United States and the State of Georgia; to define certain terms; to create the Commission on Helpful Economic Relief for Our Exceptional Soldiers (HEROES) and provide for its members, powers, and duties; to create the Helpful Economic Relief for Our

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Exceptional Soldiers (HEROES) Trust Fund and provide for its sources of funding and administration; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 166. By Representatives Channell of the 116th, Keen of the 179th, Fleming of the 117th, Cooper of the 41st, Brown of the 69th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the O.C.G.A., relating to the care and protection of indigent and elderly patients, so as to enact the "'Health Share' Volunteers in Medicine Act"; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for contracts between health care providers and governmental contractors; to provide uncompensated health care services to low-income persons; to provide for notice requirements to patients; to provide for volunteers providing support services; to provide for applicability of benefits; to provide for a report on claim statistics; to provide for an annual report by the Department of Community Health to certain legislative officers; to provide for liability coverage for claims and defense of litigation; to provide for the establishment of rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health and Human Services.
HB 167. By Representatives Porter of the 143rd, Hugley of the 133rd, Smyre of the 132nd, Randall of the 138th, Ashe of the 56th and others:
A BILL to be entitled an Act to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of Georgia taxable net income, so as to change certain provisions regarding the exclusion applicable to military income; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 168. By Representatives Franklin of the 43rd, Keen of the 179th, Cooper of the 41st, Burkhalter of the 50th, Lane of the 167th and others:
A BILL to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, and Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to specify requirements applicable to legislative and congressional reapportionment; to

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provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Legislative & Congressional Reapportionment.
HB 169. By Representatives Walker of the 107th, Keen of the 179th, Smith of the 129th, Yates of the 73rd and Lakly of the 72nd:
A BILL to be entitled an Act to amend Code Section 17-3-1 of the Official Code of Georgia Annotated, relating to limitation on prosecutions generally, so as to provide that prosecution for aggravated child molestation may be commenced at any time; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 170. By Representatives Golick of the 34th, Roberts of the 154th, Ralston of the 7th, Mumford of the 95th, Miller of the 106th and others:
A BILL to be entitled an Act to enact the "Criminal Justice Act of 2005" so as to substantially revise the laws of this state relating to the conduct of criminal trials and appeals in criminal cases; to provide for a short title; to amend Chapter 7 of Title 5 of the Official Code of Georgia Annotated, relating to appeal or certiorari by the state in criminal cases, so as to provide that the state may appeal from an order, decision, or judgment of a superior court granting a motion for new trial or denying a motion by the state to recuse or disqualify a judge; to amend Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries, so as to provide the state and the accused with the 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 Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide the state with an equal number of additional peremptory challenges in trials for jointly indicted defendants; to provide that the prosecuting attorney shall always conclude the argument to the jury; to change the provision relating to notice and argument in presentence hearings; to provide that provisions relating to discovery apply to sentencing proceedings; to amend Title 24 of the Official Code of Georgia Annotated, relating to evidence, so as to change the provisions relating to the impeachment of witnesses; to provide for the

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admission of evidence of character of a witness; to provide for the impeachment of witnesses through evidence of conviction of a crime; to provide for the admission of specific instances of conduct by a witness; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 171. By Representatives Jackson of the 161st, Bordeaux of the 162nd and Bryant of the 160th:
A BILL to be entitled an Act 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 persons convicted of a criminal offense against a victim who is a minor to verify registration every 90 days after the date of the initial release on probation by the court or the initial release by the Department of Corrections or commencement of parole; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 172. By Representatives Golick of the 34th, Roberts of the 154th, Ralston of the 7th, Mumford of the 95th, Miller of the 106th and others:
A BILL to be entitled an Act to enact the "Crime Victims Restitution Act of 2005" so as to substantially revise the laws of this state relating to the conduct of criminal trials and the impact of the criminal justice system on victims of crime; to amend Article 5 of Chapter 3 of Title 9 of the O.C.G.A., relating to tolling of limitations in civil cases, so as to provide for a statute of repose in certain tort actions brought by victims of crimes against the persons accused of such crimes; to amend Title 17 of the O.C.G.A., relating to criminal procedure, so as to change the provisions relating to victim impact statements; to amend Code Section 48-7-161 of the O.C.G.A., relating to definitions relating to setoff debt collection, so as to change the provisions relating to collection of restitution for victims of crime; to provide for effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 173. By Representative Lunsford of the 110th:
A BILL to be entitled an Act to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem

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tax, so as to expand the ad valorem exemption for veterans organizations to include certain additional nonprofit veterans organizations; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 174. By Representatives Lunsford of the 110th, Knight of the 126th, Wilkinson of the 52nd and Graves of the 12th:
A BILL to be entitled an Act to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, the "Georgia Emergency Telephone Number '911' Service Act of 1977," so as to provide that charges for "911" emergency services shall be billed according to location within political jurisdictions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Utilities & Telecommunications.
HB 175. By Representative Lunsford of the 110th:
A BILL to be entitled an Act to amend Code Section 16-13-33 of the Official Code of Georgia Annotated, relating to attempt or conspiracy to commit offense under article relating to regulation of controlled substances, so as to provide that any person who attempts or conspires to commit an offense under this article shall be punished by a sentence not exceeding the maximum punishment for the offense, the commission of which was the object of the attempt or conspiracy; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 176. By Representatives Lunsford of the 110th and Bordeaux of the 162nd:
A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to traffic violations bureaus, so as to change certain provisions relating to the disposition of traffic violations by traffic violations bureaus; to provide for a standing order by the court that no incarceration shall be imposed for certain violations; to provide for fines for certain traffic violations; to provide for notice to the defendant; to provide for probation and suspension of drivers licenses; to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of licenses, so as to provide for

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suspension of drivers licenses; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 177. By Representative Lunsford of the 110th:
A BILL to be entitled an Act to amend Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to abuse of governmental office, so as to provide that it shall be unlawful for any official, officer, or employee of this state or of any department, agency, board, bureau, commission, or authority of this state or of any county, municipality, or authority thereof to employ or to use any public funds to pay any person who is in the United States in violation of the laws of the United States; to provide for a penalty; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 178. By Representative Bridges of the 10th:
A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct 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; to correct capitalization and spelling in Title 47 of the Official Code of Georgia Annotated; to provide for other matters relative to Title 47 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 179. By Representative Bridges of the 10th:
A BILL to be entitled an Act to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum in elementary and secondary schools, so as to provide for the presentation of certain scientific evidence whenever any theory of the origin of humans or other living things is taught; to provide for legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.

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HB 180. By Representatives Manning of the 32nd, Benton of the 31st, Byrd of the 20th, Talton of the 145th and Benfield of the 85th:
A BILL to be entitled an Act to amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to permit the department to obtain criminal history information from adult persons who reside in a home where a child in the custody of the department has been or may be placed or who provide care to a child who is the subject of a child protective services referral, complaint, or investigation; to permit the department to obtain criminal history information based on a name only for a child to be placed under exigent circumstances; to permit the department to obtain criminal history information based on a name only from the Georgia Crime Information Center; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Children & Youth.
HB 181. By Representatives Morgan of the 39th, Stephenson of the 92nd, Gardner of the 57th, Watson of the 91st and Mosby of the 90th:
A BILL to be entitled an Act to amend Code Section 15-11-28 of the Official Code of Georgia Annotated, relating to jurisdiction of juvenile court, so as to change provisions relating to superior court transfering certain cases under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 182. By Representatives Scott of the 2nd, Williams of the 4th, Day of the 163rd, Stephens of the 164th, Coan of the 101st and others:
A BILL to be entitled an Act to amend Code Section 48-7-20 of the Official Code of Georgia Annotated, relating to individual income tax rates and tax tables, so as to provide for annual adjustments with respect to the taxable net income brackets; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide a short title; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 183. By Representative Barnard of the 166th:

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A BILL to be entitled an Act to amend Code Section 45-7-54 of the Official Code of Georgia Annotated, relating to government employees payroll deductions for certain not for profit organizations, so as to provide for deductions for certain additional types of organizations and by certain additional types of employees; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 184. By Representatives Scott of the 153rd, Heard of the 104th, Geisinger of the 48th and Powell of the 29th:
A BILL to be entitled an Act to amend Code Section 43-41-3 of the Official Code of Georgia Annotated, relating to creation of State Licensing Board for Residential and General Contractors, so as to change the manner of appointment of members of the board; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HR 60. By Representative Ashe of the 56th:
A RESOLUTION urging the State Board of Education and the State School Superintendent to revise Georgias accountability plan to include student performance in social studies in elementary schools; and for other purposes.
Referred to the Committee on Education.
HR 61. By Representative Ashe of the 56th:
A RESOLUTION urging the State Board of Education and the State School Superintendent to revise Georgias accountability plan to include student performance in science in elementary schools; and for other purposes.
Referred to the Committee on Education.
HR 63. By Representatives Mills of the 25th and O`Neal of the 146th:
A RESOLUTION requesting that the congressional delegation of the State of Georgia work to pass social security personal retirement accounts; and for other purposes.
Referred to the Committee on Ways & Means.

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HR 64. By Representatives Williams of the 4th, Franklin of the 43rd, Scott of the 2nd, Amerson of the 9th, Parsons of the 42nd and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the House of Representatives shall consist of not more than 180 Representatives apportioned among single-member representative districts of the state; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Legislative & Congressional Reapportionment.
HR 65. By Representatives Porter of the 143rd, Hugley of the 133rd, Smyre of the 132nd, Randall of the 138th, Ashe of the 56th and others:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for financial assistance grants to families of residents of this state who are members of the National Guard or reserve forces or reserve components of the armed forces of the United States and who have been engaged in military duty for extended periods and the creation and administration of a nonlapsing trust fund for such purpose; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Ways & Means.
HR 66. By Representatives Smith of the 168th, Smith of the 70th, Sheldon of the 105th, Barnes of the 78th, Meadows of the 5th and others:
A RESOLUTION providing that the Department of Community Affairs may provide that the service area of any nonprofit corporation created by a regional development center and designated as a certified development company by the federal Small Business Administration may include all or part of the entire State of Georgia solely for the purpose of providing authorized program services in accordance with SBA regulations; to provide for procedures; to provide for the transmission of copies of this resolution; to provide for an effective date; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:

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HB 4 HB 5 HB 143 HB 144 HB 145 HB 146 HB 147

HB 148 HB 149 HB 150 HB 151 HR 50 HR 58

The following Resolutions of the House, referred to the House Rules Subcommittee on Invites, were reported by the Committee on Rules with the following recommendations:

HR 46 Do Pass HR 67 Do Pass

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 37. By Senator Johnson of the 1st:

A BILL to be entitled an Act to provide for a homestead exemption from City of Richmond Hill 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 adjusted 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 38. By Senator Johnson of the 1st:

A BILL to be entitled an Act to provide for 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 adjusted 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.

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SB 39. By Senator Johnson of the 1st:
A BILL to be entitled an Act to provide for a homestead exemption from Bryan 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 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 40. By Senator Johnson of the 1st:
A BILL to be entitled an Act to provide for a homestead exemption from City of Pembroke 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 adjusted 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.
The following members were recognized during the period of Morning Orders and addressed the House:
Barnes of the 78th, Heckstall of the 62nd and Lucas of the 139th.
The following Resolution, favorably reported by the Committee on Rules, was read and adopted:
HR 59. By Representatives Lunsford of the 110th and Davis of the 109th:
A RESOLUTION recognizing and commending Judge Del Buttrill 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 67. By Representative Talton of the 145th:
A RESOLUTION recognizing the Warner Robins High School Football Team, winners of the 2004 State Class AAAA Championship, and inviting the team to the House of Representatives; and for other purposes.

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The following Resolution of the House was read:

HR 68. By Representatives Keen of the 179th and Porter of the 143rd

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, February 3, 2005, and shall reconvene on Monday, February 7, 2005.

BE IT FURTHER RESOLVED that the General Assembly shall adjourn at the close of the legislative day on Thursday, February 10, 2005, and shall reconvene on Monday, February 14, 2005.

BE IT FURTHER RESOLVED that for the remainder of the 2005 regular session, unless otherwise provided by subsequent joint 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:

Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders
Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin

Y Holmes Y Holt Y Horne
Houston Y Howard E Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal

Y Sailor Y Scheid
Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens

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Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall
Hembree Y Henson Y Hill, C Y Hill, C.A

Y Kidd Knight
Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis
Lindsey Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Marin Y Martin

Orrock Y Parham Y Parrish Y Parsons
Porter Y Powell Y Ralston Y Randall
Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts
Rogers Y Royal Y Rynders

Y Stephenson Talton
Y Teilhet Thomas, A.M
Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E
Williams, R Wix Y Yates Richardson, Speaker

On the adoption of the Resolution, the ayes were 154, nays 0.

The Resolution was adopted.

Due to a mechanical malfunction, the votes of Representatives Bridges of the 10th, Lindsey of the 54th, Ray of the 136th, and Sinkfield of the 60th were not recorded on the preceding roll call. They wished to be recorded as voting "aye" thereon.

By unanimous consent, HR 68 was ordered immediately transmitted to the Senate.

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

HR 69. By Representatives Benfield of the 85th, Ashe of the 56th and Jennings of the 82nd:

A RESOLUTION recognizing February 9, 2005, as "Girls and Women in Sports Day" and commending and inviting Georgias outstanding female athletes to appear before the House of Representatives; and for other purposes.

HR 71. By Representatives Harbin of the 118th, Fleming of the 117th and Burmeister of the 119th:

A RESOLUTION congratulating the 2004 Greenbrier High School Softball Team, winners of the Class AAAA State Championship, and inviting the team to appear before the House of Representatives; and for other purposes.

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HR 81. By Representatives Watson of the 91st, Stephenson of the 92nd, Benfield of the 85th, Mosby of the 90th, Mangham of the 94th and others:
A RESOLUTION recognizing and honoring John Evans; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 73. By Representatives Hill of the 21st, Scheid of the 22nd, Byrd of the 20th and Murphy of the 23rd:
A RESOLUTION commending James J. "J. J." Biello; and for other purposes.
HR 74. By Representatives Dodson of the 75th, Bridges of the 10th, Epps of the 128th, Wilkinson of the 52nd, Williams of the 4th and others:
A RESOLUTION commending the Partnership for Health and Accountability; and for other purposes.
HR 75. By Representatives O`Neal of the 146th, Coleman of the 97th, Talton of the 145th, Hugley of the 133rd, Millar of the 79th and others:
A RESOLUTION commending the Professional Association of Georgia Educators (PAGE) and recognizing "PAGE Day on Capitol Hill"; and for other purposes.
HR 76. By Representatives Manning of the 32nd, Talton of the 145th, Byrd of the 20th, Rynders of the 152nd, Neal of the 1st and others:
A RESOLUTION commending Honorable Georganna Sinkfield of Atlanta, House District 60, for service as chairwoman of the House Committee on Children and Youth; and for other purposes.
HR 77. By Representatives Smith of the 70th, McCall of the 30th, Reese of the 98th, Cole of the 125th, Royal of the 171st and others:
A RESOLUTION commending Bob Hanner of Parrott, Georgia, for his service as Chairman of the House Committee on Natural Resources and Environment; and for other purposes.

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HR 78. By Representatives Ray of the 136th and Cole of the 125th:
A RESOLUTION commending Samuel Lewis; and for other purposes.
HR 79. By Representative Dukes of the 150th:
A RESOLUTION honoring the life of Virginia Mae Hines Thompson and expressing regret at her passing; and for other purposes.
HR 82. By Representative Powell of the 29th:
A RESOLUTION commending Calvin Andrews for his outstanding public service on the occasion of his retirement; and for other purposes.
HR 83. By Representative Powell of the 29th:
A RESOLUTION commending Romeo Adams for his outstanding public service on the occasion of his retirement; and for other purposes.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 68. By Representatives Keen of the 179th and Porter of the 143rd:
A RESOLUTION relative to adjournment; and for other purposes.
Representative Willard of the 49th District, 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 House and has instructed me to report the same back to the House with the following recommendation:
HB 95 Do Pass
Respectfully submitted,

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/s/ Willard of the 49th Chairman
Representative Ehrhart of the 36th 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 47 Do Pass, by Substitute
Respectfully submitted, /s/ Ehrhart of the 36th
Chairman
The Speaker announced the House in recess until 5:00 P.M., at which time the House will stand adjourned until 9:00 o'clock A.M. the next legislative day.

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Representative Hall, Atlanta, Georgia

Friday, January 28, 2005

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:

Abdul-Salaam Amerson Bearden Benton Black Borders Bridges Brooks Brown Bruce Bryant Buckner, D Burkhalter Burmeister Burns Byrd Carter Casas Chambers Cheokas Coan E Cole Coleman, B Cox Crawford E Cummings Davis Day

Dickson Dodson Drenner Ehrhart England Epps Fleming Floyd, H E Floyd, J Fludd Forster Franklin Freeman Gardner Geisinger Golick Graves, D Graves, T E Greene Hanner Harbin Hatfield Heard, J Heard, K Hembree Hill, C Hill, C.A Holmes

Holt Horne Houston Howard E Hudson Hugley Jacobs James Jenkins Jennings Johnson Jones, J Jones, S Keen Keown Kidd Knight Knox Lakly Lane, B Lane, R Lewis Lindsey Loudermilk Lunsford Maddox Mangham Manning

Marin May McCall E McClinton Meadows Millar Miller Mills Morgan Mosby Mosley Mumford Murphy, J Murphy, Q Neal Oliver O'Neal Parham Parrish Parsons Porter Powell Ralston Ray Reece, B Reece, S Reese Rice

Roberts Rogers Royal Rynders Scheid Scott, A Scott, M Setzler Sheldon Sims, F Smith, B Smith, L Smith, P Smith, R Smith, T Smith, V Stephens Talton Teilhet Thomas, B Tumlin Warren Wilkinson Williams, A Williams, E Williams, R Richardson, Speaker

The following members were off the floor of the House when the roll was called:

Representatives Anderson of the 123rd, Barnard of the 166th, Barnes of the 78th, Beasley-Teague of the 65th, Bordeaux of the 162nd, Buckner of the 76th, Butler of the 18th, Channell of the 116th, Cooper of the 41st, Dean of the 59th, Dollar of the 45th, Dukes of the 150th, Heckstall of the 62nd, Henson of the 87th, Jordan of the 77th, Lucas of the 139th, Martin of the 47th, Mitchell of the 88th, Morris of the 155th, Orrock of the 58th, Randall of the 138th, Sailor of the 93rd, Sims of the 169th, Sinkfield of the 60th, Smyre of the 132nd, Stanley-Turner of the 53rd, Stephenson of the 92nd, Thomas of the 55th, Walker of the 107th, Watson of the 91st, Willard of the 49th, Wix of the 33rd and Yates of the 73rd.

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197

They wish to be recorded as present.
Prayer was offered by the Reverend Jim Holmes, Senior Pastor, Helen First Baptist Church, Helen, Georgia.
The members pledged allegiance to the flag.
Representative Heard of the 104th, Chairman of the Committee on Information and Audits, 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 were introduced, read the first time and referred to the Committees:
HB 25. By Representatives Brooks of the 63rd, Coan of the 101st, Keen of the 179th, Richardson of the 19th, Porter of the 143rd and others:
A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to repeal a provision which grants the Governor the power to close any school or institution under the control of the board of regents; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

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HB 26. By Representatives Brooks of the 63rd, Coan of the 101st, Keen of the 179th, Richardson of the 19th, Porter of the 143rd and others:
A BILL to be entitled an Act to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory attendance, so as to repeal a provision authorizing the Governor to suspend all or any part of said subpart because of a riot, insurrection, public disorder, disturbance of the peace, natural calamity, or disaster; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 27. By Representatives Brooks of the 63rd, Coan of the 101st, Keen of the 179th, Richardson of the 19th, Porter of the 143rd and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to repeal Article 14, relating to education grants; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary
HB 28. By Representatives Brooks of the 63rd, Coan of the 101st, Keen of the 179th, Richardson of the 19th, Porter of the 143rd and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia, so as to repeal a provision relating to the eligibility of public school teachers and employees who are covered by a local retirement fund and who accept employment with nonsectarian schools; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 43. By Representatives Randall of the 138th, Manning of the 32nd, Hugley of the 133rd, McClinton of the 84th, Hill of the 180th and others:
A BILL to be entitled an Act to amend Code Section 33-24-59.7 of the Official Code of Georgia Annotated, relating to coverage of morbidly obese patients, so as to require that every health benefit policy that is delivered, issued, executed, or renewed in this state or approved for issuance or renewal in this state by the Commissioner of Insurance on or after July 1, 2005, which provides major medical benefits shall provide coverage for the treatment of

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morbid obesity; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 185. By Representative Franklin of the 43rd:
A BILL to be entitled an Act 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 require all meetings of an association or the board of directors thereof to be open to all lot owners; to provide for exceptions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 186. By Representatives Mitchell of the 88th, Mosley of the 178th, Floyd of the 99th, Meadows of the 5th and Henson of the 87th:
A BILL to be entitled an Act to amend Code Section 36-87-2 of the Official Code of Georgia Annotated, relating to the authority of counties and municipal corporations to participate in federal programs, so as to expand the purposes for which federal funds may be used by a county or municipal corporation; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HB 187. By Representatives Mitchell of the 88th, Coan of the 101st, Reese of the 98th and Sheldon of the 105th:
A BILL to be entitled an Act to amend Code Section 16-10-24.3 of the Official Code of Georgia Annotated, relating to obstructing or hindering persons making emergency telephone calls, so as to provide that commission of such an offense involving violence to the person of another shall constitute a felony; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 188. By Representatives Burmeister of the 119th and Rynders of the 152nd:
A BILL to be entitled an Act 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 photograph of a person who is convicted of certain crimes for which such person is required to register as a sexual offender shall be

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published in the legal organ of the county in which such person was convicted; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 189. By Representatives Lucas of the 139th and Coleman of the 144th:
A BILL to be entitled an Act to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to insurance fees and taxes, so as to provide that the Commissioner of Insurance under certain circumstances shall perform early distribution of certain county and municipal insurance taxes; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 190. By Representatives O`Neal of the 146th and Williams of the 4th:
A BILL to be entitled an Act to amend Title 50 of the O.C.G.A., relating to state government, Title 10 of the O.C.G.A., relating to commerce and trade, Title 12 of the O.C.G.A., relating to conservation and natural resources, Title 15 of the O.C.G.A., relating to courts, Title 19 of the O.C.G.A., relating to domestic relations, Title 20 of the O.C.G.A., relating to education, Title 28 of the O.C.G.A., relating to the General Assembly, Title 34 of the O.C.G.A., relating to labor and industrial relations, Title 45 of the O.C.G.A., relating to public officers and employees, Title 47 of the O.C.G.A., relating to retirement and pensions, and Title 48 of the O.C.G.A., relating to revenue and taxation, so as to create the State Accounting Office; to repeal Resolution Act No. 48 (Senate Resolution No. 101), approved April 19, 1979 (Ga. L. 1979, p. 1365); to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 191. By Representatives O`Neal of the 146th and Williams of the 4th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide for adjustments to taxable net income with respect to certain direct or indirect interest expenses and costs and intangible expenses and costs; to provide for procedures, conditions, and limitations; to change the manner and method of

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allocating and apportioning income with respect to corporations; to provide for powers, duties, and authority of the state revenue commissioner; to provide effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 192. By Representatives Buckner of the 76th, Manning of the 32nd, Henson of the 87th, Orrock of the 58th, Buckner of the 130th and others:
A BILL to be entitled an Act to amend Code Section 15-21-132 of the Official Code of Georgia Annotated, relating to assessment and collection of local victim assistance funds, so as to provide that local victim assistance funds collected by the courts shall be paid directly to the county governing authority or the district attorney; to provide for certain reports; to provide that the Criminal Justice Coordinating Council shall quarterly prepare and publish a report of all courts that have not filed certain reports; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 193. By Representatives Franklin of the 43rd, Coan of the 101st, Reese of the 98th and Scott of the 2nd:
A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to change certain provisions relating to carrying deadly weapons to or at public gatherings; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety.
HB 194. By Representatives Martin of the 47th, Burkhalter of the 50th, Amerson of the 9th, Royal of the 171st, Ashe of the 56th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits with respect to teleworking for a limited period of time; to provide for definitions; to provide for conditions, limitations, and exclusions; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Ways & Means.
HB 195. By Representatives Fleming of the 117th, Setzler of the 35th, Burmeister of the 119th, Freeman of the 140th, Loudermilk of the 14th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to termination of parental rights, so as to change provisions relating to the time frame for hearings and orders on petitions to terminate parental rights; to provide for legislative findings; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 196. By Representatives Smith of the 113th, Ehrhart of the 36th, Willard of the 49th, Fleming of the 117th, Parrish of the 156th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to change certain provisions relating to common-sense consumption; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 197. By Representatives Burmeister of the 119th, Mills of the 25th, Smith of the 168th, Walker of the 107th, Fleming of the 117th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 15 of the O.C.G.A., relating to parental notification, so as to define and eliminate certain terms; to require certain types of identification to be presented in order for a physician to perform an abortion; to amend Chapter 12 of Title 16 of the O.C.G.A., relating to offenses against health and morals, so as to provide that all abortions must be performed in certain facilities; to provide for certain reports by physicians; to provide for certain forms; to provide for certain reports by the Department of Human Resources; to provide for penalties and remedies for failure to provide such reports; to provide for a short title; to provide for definitions; to require that a female give her informed consent prior to an abortion; to require that certain information be provided to or made available to a female prior to an abortion; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.

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HB 198. By Representatives Benfield of the 85th, Brooks of the 63rd, Stephenson of the 92nd, Mitchell of the 88th, McClinton of the 84th and others:
A BILL to be entitled an Act to amend Title 31 of the O.C.G.A., relating to health, so as to create the Georgia Health Care Bond Authority as a public corporation and an instrumentality of the State of Georgia; to state findings and purposes; to define certain terms; to provide for powers of the authority; to provide for the membership of the authority; to authorize the issuance of revenue bonds of the authority, payable from the revenues, fees, and earnings of the authority; to authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds and to authorize the execution of trust indentures to secure the payment thereof and to define the rights of the holders of such bonds or obligations; to provide that no debt of the State of Georgia shall be incurred in the exercise of any powers granted by this Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 199. By Representative Willard of the 49th:
A BILL to be entitled an Act 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; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained in Title 21 of the Official Code of Georgia Annotated; to provide for other matters relating to Title 21 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 200. By Representatives Coan of the 101st, Ehrhart of the 36th, Knox of the 24th, Keen of the 179th, Smith of the 129th and others:
A BILL to be entitled an Act 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 April 15, 2005, for which a claim is made after April 15, 2005; to provide that the fund shall continue to reimburse self-insured employers and insurers

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for claims made prior to April 15, 2005; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 201. By Representatives McCall of the 30th, Crawford of the 127th, Scott of the 153rd, Roberts of the 154th and Ray of the 136th:
A BILL to be entitled an Act to amend Part 9 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of veterinarians and boarders of animals, so as to change certain provisions relating to liens for treatment, board, or care of animals and right to retain possession; to define certain terms; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HR 70. By Representatives Wix of the 33rd, Coleman of the 144th, Watson of the 91st, Shaw of the 176th and Porter of the 143rd:
A RESOLUTION paying tribute to Honorable Zell Bryan Miller and to the memory of a great Georgian, the late Paul D. Coverdell, and naming the Miller-Coverdell Legislative Office Building in their honor; and for other purposes.
Referred to the Committee on Rules.
HR 72. By Representatives Lucas of the 139th, Watson of the 91st, Sinkfield of the 60th, Stephenson of the 92nd, Williams of the 89th and others:
A RESOLUTION naming the Legislative Office Building adjacent to the State Capitol Building in honor of former Representatives Richard Dent, J. C. Daugherty, and Grace Towns Hamilton; and for other purposes.
Referred to the Committee on Rules.
HR 80. By Representatives Heckstall of the 62nd, Brooks of the 63rd, Sinkfield of the 60th, Bruce of the 64th, Holmes of the 61st and others:
A RESOLUTION urging that the person or persons responsible for moving the portrait of Grace Towns Hamilton to the third floor post office of the State Capitol return it to its place among the portraits of distinction in the Georgia Capitol building; and for other purposes.

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Referred to the Committee on Rules.

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

HR 87. By Representatives Hembree of the 67th, Ehrhart of the 36th, Smith of the 113th, Chambers of the 81st, Brooks of the 63rd and others:

A RESOLUTION proposing an amendment to the Constitution so as to limit the power to take private property for public purposes to only the state, counties, and municipalities and only for designated public purposes which do not include transferring condemned land to private entities for purposes of economic development and increasing the tax revenues of a government; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Judiciary.

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

HB 152 HB 153 HB 154 HB 155 HB 156 HB 157 HB 158 HB 159 HB 160 HB 161 HB 162 HB 163 HB 164 HB 165 HB 166 HB 167 HB 168 HB 169 HB 170 HB 171

HB 172 HB 173 HB 174 HB 175 HB 176 HB 177 HB 178 HB 179 HB 180 HB 181 HB 182 HB 183 HB 184 HR 60 HR 61 HR 63 HR 64 HR 65 HR 66

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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 44. By Senators Douglas of the 17th, Johnson of the 1st, Stephens of the 27th, Hill of the 4th, Thomas of the 2nd and others:
A RESOLUTION commending all Vietnam Era Veterans and their families; to recognize May 4-8, 2005, as the 30th Observance of the Ending of the Vietnam War; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 33. By Senators Moody of the 56th, Douglas of the 17th, Balfour of the 9th, Hooks of the 14th, Bulloch of the 11th and others:
A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to change certain provisions relating to determination of enrollment by institutional programs; to authorize the establishment of the Georgia Virtual School; to provide for rules and regulations; to provide for a Georgia Virtual School grant account; to provide for statutory construction; to provide for related matters; 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 37. By Senator Johnson of the 1st:
A BILL to be entitled an Act to provide for a homestead exemption from City of Richmond Hill 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 adjusted 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.

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Referred to the Committee on State Planning & Community Affairs - Local.
SB 38. By Senator Johnson of the 1st:
A BILL to be entitled an Act to provide for 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 adjusted 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 39. By Senator Johnson of the 1st:
A BILL to be entitled an Act to provide for a homestead exemption from Bryan 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 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 40. By Senator Johnson of the 1st:
A BILL to be entitled an Act to provide for a homestead exemption from City of Pembroke 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 adjusted 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.
The following member was recognized during the period of Morning Orders and addressed the House:

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Maddox of the 172nd.
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 46. By Representatives Martin of the 47th, Burkhalter of the 50th and Jones of the 46th:
A RESOLUTION recognizing the Milton High School Varsity Baseball Team, winners of the 2004 Georgia Class AAAAA State High School Championship, and inviting the team to appear before the House of Representatives; and for other purposes.
The following Resolution of the House was read and adopted:
HR 88. By Representatives Morgan of the 39th, Hugley of the 133rd, Yates of the 73rd, Knight of the 126th and Randall of the 138th:
A RESOLUTION recognizing and commending the Xi Beta Omega Chapter of the Alpha Kappa Alpha Sorority, Inc. for their outstanding community service; and for other purposes.
Representative Yates of the 73rd assumed the chair.
The following communication was received:
House of Representatives Legislative Office Building, Room 601
Atlanta, Georgia 30334
January 28, 2005
The Honorable Glenn Richardson Speaker of the House Room 332 Capitol Atlanta, Ga. 30334
Dear Mr. Speaker,
I wish to inform you that on February 3 and February 4, I will be absent due to the birth of my second child, Jonathan David Casas. We are scheduled for delivery at 6:30 AM, Thursday, Feb. 3.

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Thus, I respectfully request to be excused from my responsibilities for those two days.
Sincerely,
/s/ David Casas Representative, District 103
Cc: Mr. Robert Rivers, Clerk of the House Honorable Jerry Keen, Majority Leader Honorable Barry Fleming, Majority Whip Honorable Earl Ehrhart, Chairman, Rules Committee Honorable Ron Stephens, Chairman, Economic Development and Tourism Honorable Brooks Coleman, Chairman, Education Committee Honorable Amos Amerson, Chairman, Science & Technology Committee Honorable Mark Hatfield, Deputy Whip Honorable Sharon Cooper, Caucus Chairman Honorable John Heard, Chairman, Gwinnett Delegation Honorable John Lundsford, Chairman, Sub-Committee on Invites
Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 1:00 o'clock, P.M., Monday, January 31, 2005.

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Representative Hall, Atlanta, Georgia

Monday, January 31, 2005

The House met pursuant to adjournment at 1:00 o'clock, P.M., this day and was called to order by the Speaker.

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

Abdul-Salaam Amerson Barnes Bearden Benton Black Borders Bridges Brooks Brown Bruce Bryant Buckner, D Buckner, G Burkhalter Burmeister Burns Butler Byrd Carter Casas Chambers Cheokas Coan Cole Coleman, B Cooper Cox Crawford Cummings Davis Day

Dickson Dodson Dollar Drenner Ehrhart England Epps Fleming Floyd, J Fludd Forster Franklin Freeman Gardner Geisinger Golick Graves, D Graves, T E Greene Hanner Hatfield E Heard, J Heard, K Heckstall Hembree E Henson Hill, C Holmes Holt Horne Houston Howard

Hugley Jacobs Jamieson E Jennings Johnson Jones, J Jones, S Jordan Keen Keown Kidd Knight Knox Lakly Lane, B Lane, R Lewis Lindsey Lord Loudermilk Lucas Lunsford Maddox Mangham Manning Marin Martin Maxwell May McCall E McClinton Meadows

Millar Miller Mills Mitchell Morgan Mosby Mosley Mumford Murphy, J Murphy, Q Neal Oliver O'Neal Orrock Parham Parrish Parsons Porter Powell Ralston Randall Ray Reece, B Reece, S Reese Rice Roberts Rogers Royal Rynders Sailor Scheid

Scott, A Scott, M Shaw Sheldon Sims, C Sims, F Sinkfield Smith, B Smith, L Smith, P Smith, R Smith, T Smith, V Stanley-Turner Stephenson Talton Teilhet Thomas, A.M Thomas, B Tumlin Walker Warren Watson Wilkinson Willard Williams, A Williams, E Williams, R Wix Yates Richardson, Speaker

The following members were off the floor of the House when the roll was called:

Representatives Anderson of the 123rd, Ashe of the 56th, Barnard of the 166th, Beasley-Teague of the 65th, Bordeaux of the 162nd, Channell of the 116th, Coleman of the 144th, Dean of the 59th, Dukes of the 150th, Floyd of the 99th, Harbin of the 118th, Hill of the 180th, Hudson of the 124th, Jackson of the 161st, James of the 135th, Jenkins of the 8th, Morris of the 155th, Setzler of the 35th, Smyre of the 132nd and Stephens of the 164th.

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They wish to be recorded as present.
Prayer was offered by the Reverend Clark Cregger, Senior Minister, Lilburn Christian Church, Lilburn, Georgia.
The members pledged allegiance to the flag.
Representative Franklin of the 43rd, Vice-Chairman of the Committee on Information and Audits, 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 were introduced, read the first time and referred to the Committees:
HB 202. By Representative McCall of the 30th:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to exempt as industrial materials certain materials used in the quarrying and manufacturing of granite into items for sale at retail; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.

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HB 203. By Representatives Royal of the 171st, Williams of the 4th, McCall of the 30th, Hanner of the 148th, Roberts of the 154th and others:
A BILL to be entitled an Act to amend Code Section 48-5-41.1 of the Official Code of Georgia Annotated, relating to agricultural products and equipment exempt from ad valorem tax, so as to expand the ad valorem exemption for farm equipment to include certain equipment held under a lease purchase agreement; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 204. By Representatives Lewis of the 15th, Loudermilk of the 14th, Graves of the 12th and Meadows of the 5th:
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 judges of superior courts, so as to provide for a fourth judge of the superior courts of the Cherokee Judicial Circuit; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of said court to divide and allocate the work and duties thereof; to provide for the manner of impaneling jurors; to provide for an additional court reporter for said circuit; to declare inherent authority; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 205. By Representatives Horne of the 71st, Cox of the 102nd, Reece of the 27th and Brown of the 69th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate promoting the Georgia Center for the Book; to provide for issuance, renewal, fees, licensing agreements, applications, donation of revenue, and transfers relative to such special 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.

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Referred to the Committee on Motor Vehicles.
HB 206. By Representatives Walker of the 107th, Brown of the 69th, Lane of the 158th and Burns of the 157th:
A BILL to be entitled an Act to define and provide for a new category of facilities to be designated as "assisted living facilities" and to include "assisted living facilities - Level I" and "assisted living facilities - Level II" within such category; to amend Code Section 10-1-393 of the O.C.G.A., relating to unfair or deceptive practices, so as to change certain provisions relating to providing personal care services; to amend Code Section 25-2-13 of the O.C.G.A., relating to buildings presenting special hazards, so as to change the listing of buildings and the applicability of certain provisions thereto; to amend Title 31 of the O.C.G.A., relating to health, so as to change certain terms and definitions; to provide for admissions, examinations, inspections, employees, licensing, and staffing; to provide for fees and penalties; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Human Relations & Aging.
HB 207. By Representative Rogers of the 26th:
A BILL to be entitled an Act to amend Code Section 43-14-2 of the Official Code of Georgia Annotated, relating to definitions relative to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to revise a definition; to provide an exception to plumbing licensure requirements; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 208. By Representatives Graves of the 137th, Freeman of the 140th, Ray of the 136th, Randall of the 138th and Lucas of the 139th:
A BILL to be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide for an exclusion from state income taxation with respect to certain severance pay; to provide for conditions and limitations; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.

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HB 209. By Representatives Lewis of the 15th, Stephens of the 164th, Sims of the 169th and Forster of the 3rd:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for an exemption with respect to state sales and use tax for the sale of natural or artificial gas, electricity, or any other energy used directly in the production of manufactured goods; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 210. By Representative Lewis of the 15th:
A BILL to be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that Georgia taxable net income of any taxpayer shall not include income which is attributable directly to a capital gain resulting from certain involuntary conversions of real property because of condemnation or eminent domain; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 211. By Representatives Heard of the 104th, Smith of the 129th, Stephens of the 164th, Burkhalter of the 50th, Coan of the 101st and others:
A BILL to be entitled an Act to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the ad valorem taxation of motor vehicles and mobile homes, so as to provide that aircraft held in inventory for resale shall be exempt from taxation; to provide for definitions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 212. By Representatives Manning of the 32nd, Parsons of the 42nd, Oliver of the 83rd, Talton of the 145th, Lunsford of the 110th and others:
A BILL to be entitled an Act to amend Code Section 15-11-9 of the Official Code of Georgia Annotated, relating to appointment of a guardian ad litem for a child in a proceeding in juvenile court, so as to require certain training

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for guardians ad litem appointed for children in deprivation cases; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 213. By Representatives Manning of the 32nd and Jones of the 44th:
A BILL to be entitled an Act to amend Part 7 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to adverse personnel actions relative to public school employees, so as to provide for a right of representation for such employees; to provide for notice, waiver, and the employees responsibility; to provide that, absent waiver or representation, an employee is not required to answer questions at a disciplinary meeting; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 214. By Representatives Franklin of the 43rd, Ralston of the 7th, Ehrhart of the 36th, Cooper of the 41st, Miller of the 106th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving theft, so as to define and establish the crime of theft by conversion of health care benefits; to provide that a person commits such crime when he or she converts to his or her own use certain health insurance benefits or other similar benefits in violation of a written assignment of such benefits to a health care provider; to provide for punishment; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 215. By Representatives Buckner of the 76th, Reece of the 11th, Barnes of the 78th, Jamieson of the 28th, Hudson of the 124th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to protect students from unethical behavior; to provide for the adoption of codes of ethics by local boards of education; to provide for annual review of such codes of ethics; to require a prompt request for a criminal record check for a newly hired teacher, principal, or other certificated professional employee; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Education.
HB 216. By Representatives Neal of the 1st, Ralston of the 7th, Miller of the 106th, Burmeister of the 119th, Sheldon of the 105th and others:
A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the O.C.G.A., relating to controlled substances, so as to limit the sale and manner of sale of products containing pseudoephedrine; to provide for exceptions; to provide for mitigation of punishment under certain circumstances; to provide for penalties; to restrict the sale, transfer, manufacture, purchase for resale, and furnishing of certain precursor chemicals; to provide for definitions; to authorize the State Board of Pharmacy to promulgate certain rules and regulations regarding precursor chemicals and licenses and permits; to provide for licensing and permitting of persons who sell, transfer, manufacture, purchase for resale, or otherwise furnish or possess precursor chemicals; to require certain records to be maintained; to provide for exceptions; to provide for certain forfeitures; to provide for penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 217. By Representatives Neal of the 1st, Harbin of the 118th, Scott of the 153rd, Burmeister of the 119th, Mosby of the 90th and others:
A BILL to be entitled an Act 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, assistanttrainer, or similar person who functions under the advice, consent, and supervision of a physician or a licensed athletic trainer; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 218. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend Code Section 50-14-3 of the Official Code of Georgia Annotated, relating to proceedings excluded from the provisions of Chapter 14 of Title 50, so as to provide a new exclusion from such provisions; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records exempted from inspection by

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members of the general public, so as to provide an exemption for certain records of an agency engaged in a program of economic development; to provide for disclosure of such records under certain conditions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Economic Development & Tourism.
HR 84. By Representatives Borders of the 175th, Houston of the 170th, Black of the 174th and Shaw of the 176th:
A RESOLUTION designating the Valdosta State Universitys Peach State Summer Theatre as Georgias Official Musical Theatre; and for other purposes.
Referred to the Committee on Higher Education.
HR 85. By Representatives Powell of the 29th, Jacobs of the 80th, McCall of the 30th and Crawford of the 127th:
A RESOLUTION proposing an amendment to the Constitution so as to provide that taxable property and interests therein shall be appraised for ad valorem taxation purposes at the owners acquisition cost; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Ways & Means.
HR 86. By Representatives Rogers of the 26th, Reece of the 27th and Mills of the 25th:
A RESOLUTION compensating B & A Construction Co., Inc.; and for other purposes.
Referred to the Committee on Appropriations.
HR 89. By Representatives Maddox of the 172nd, Smith of the 131st, England of the 108th, Keown of the 173rd, Mumford of the 95th and others:
A RESOLUTION urging professional athletes to exhibit proper conduct and good sportsmanship on and off the field of play and urging professional franchises and their governing bodies to take appropriate actions to ensure proper behavior by the players; and for other purposes.

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Referred to the Committee on Interstate Cooperation.

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

HB 25 HB 26 HB 27 HB 28 HB 43 HB 185 HB 186 HB 187 HB 188 HB 189 HB 190 HB 191 HB 192 HB 193 HB 194

HB 195 HB 196 HB 197 HB 198 HB 199 HB 200 HB 201 HR 70 HR 72 HR 80 HR 87 SB 37 SB 38 SB 39 SB 40

Representative Amerson of the 9th District, Chairman of the Committee on Science & Technology, submitted the following report:

Mr. Speaker:

Your Committee on Science & Technology 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 151 Do Pass, as Amended

Respectfully submitted, /s/ Amerson of the 9th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR MONDAY, JANUARY 31, 2005
Mr. Speaker and Members of the House:

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219

The Committee on Rules has fixed the calendar for this 9th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

HB 98

Georgia Land Conservation Council; create

Modified Open Rule

None

Modified Structured Rule

None

Structured Rule

None

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

Respectfully submitted, /s/ Ehrhart of the 36th
Chairman

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 34. By Senators Moody of the 56th, Weber of the 40th, Johnson of the 1st, Williams of the 19th, Thomas of the 54th and others:

A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the O.C.G.A., the "Quality Basic Education Act," so as to provide for legislative findings; to provide for the establishment of the "Georgia Master Teacher Program"; to provide for the establishment of criteria for Master Teacher Certification; to provide for the establishment of rules and regulations by the

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Professional Standards Commission; to provide for the establishment of the "Academic Coach Program"; to provide for the establishment of rules and regulations by the State Board of Education; to provide for the employment of an academic coach by a public school in accordance with a school improvement plan; to provide for monetary and other incentives for academic coaches; to provide for related matters; 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 33.

By Senators Moody of the 56th, Douglas of the 17th, Balfour of the 9th, Hooks of the 14th, Bulloch of the 11th and others:

A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to change certain provisions relating to determination of enrollment by institutional programs; to authorize the establishment of the Georgia Virtual School; to provide for rules and regulations; to provide for a Georgia Virtual School grant account; to provide for statutory construction; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

SB 34.

By Senators Moody of the 56th, Weber of the 40th, Johnson of the 1st, Williams of the 19th, Thomas of the 54th and others:

A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the O.C.G.A., the "Quality Basic Education Act," so as to provide for legislative findings; to provide for the establishment of the "Georgia Master Teacher Program"; to provide for the establishment of criteria for Master Teacher Certification; to provide for the establishment of rules and regulations by the Professional Standards Commission; to provide for the establishment of the "Academic Coach Program"; to provide for the establishment of rules and regulations by the State Board of Education; to provide for the employment of an academic coach by a public school in accordance with a school improvement plan; to provide for monetary and other incentives for academic coaches; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

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221

The following member was recognized during the period of Morning Orders and addressed the House:
Bordeaux of the 162nd.
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 98. By Representatives Golick of the 34th, Roberts of the 154th, Smith of the 70th and Jones of the 46th:
A BILL to be entitled an Act to amend Chapter 22 of Title 36 of the O.C.G.A., relating to community greenspace preservation, so as to provide a short title; to provide for state and local government activities with respect to land conservation; to state legislative intent; to define terms; to create the Georgia Land Conservation Council and provide for its membership, powers, duties, and operations; to create the Georgia Land Conservation Trust Fund and to create the Georgia Land Conservation Revolving Loan Fund and provide for appropriations and other additions to said funds, as well as grants and other disbursements from said funds; to provide for eligibility for and award and disbursement of grants to counties, cities, and the Department of Natural Resources; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee amendment was read:
The Committee on Natural Resources and Environment moves to amend HB 98 by striking lines 5 through 7 of page 1 and inserting in lieu thereof the following:
"membership, powers, duties, and operations; to provide for a land conservation program; to create the Georgia Land Conservation Trust Fund and to create the Georgia Land Conservation Revolving Loan Fund and provide for sources of funding, as well as grants and other disbursements".
By striking line 27 on page 2 and inserting in lieu thereof the following:
"Code Section 50-23-3.".
By striking line 7 of page 5 and inserting in lieu thereof the following:
"resources, the director of the State Forestry Commission, the executive director of the State".

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By striking lines 19 through 21 of page 5 and inserting in lieu thereof the following:
"(a) The Department of Natural Resources may establish a land conservation program consistent with the purposes of this chapter. (a.1) There is established the Georgia Greenspace Land Conservation Trust Fund and the Georgia Land Conservation Revolving Loan Fund to consist of any moneys appropriated to such fund paid to the authority under intergovernmental contract for purposes of this chapter, voluntary contributions to such fund funds,".
By striking line 12 of page 12 and inserting in lieu thereof the following:
"enter into contracts or memorandums of understanding, as appropriate and consistent with the intent and provisions of this".
By striking lines 3 and 4 of page 14 and inserting in lieu thereof the following:
"(c) The department shall cooperate with the State Forestry Commission, the State Soil and Water Conservation Commission, The University System of Georgia Cooperative Extension".
The following amendments were read and adopted:
Representatives Golick of the 34th and Roberts of the 154th move to amend HB 98 by striking lines 18 and 19 of page 10 and inserting in lieu thereof the following:
"this Code section Approval of a community land conservation project proposal for purposes of this chapter or a state land conservation project proposal for purposes of this chapter shall be accomplished as provided for in this Code".
Representative Golick of the 34th et al. move to amend HB 98 by striking line 14 of page 1 and inserting in lieu thereof the following:
"Fund; to amend Code Section 50-13-2 of the Official Code of Georgia Annotated, relating to definitions relative to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' so as to redefine a term; to provide for related matters; to provide an effective date; to repeal conflicting laws;".
By striking line 22 of page 13 and inserting in lieu thereof the following:
"regulations as it may deem advisable to implement the terms of this chapter; provided, however, that for purposes of this chapter the authority shall be an agency subject to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The".

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By redesignating Sections 3 and 4 as Sections 4 and 5, respectively.

By inserting between lines 26 and 27 of page 14 the following:

"SECTION 3. Code Section 50-13-2 of the Official Code of Georgia Annotated, relating to definitions relative to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' is amended by striking paragraph (1) and inserting in lieu thereof the following:
'(1) "Agency" means each state board, bureau, commission, department, activity, or officer authorized by law expressly to make rules and regulations or to determine contested cases, except the General Assembly; the judiciary; the Governor; the State Board of Pardons and Paroles; the State Financing and Investment Commission; the State Properties Commission; the Board of Bar Examiners; the Board of Corrections and its penal institutions; the State Board of Workers Compensation; all public authorities except as otherwise expressly provided by law; the State Personnel Board (Merit System); the Department of Administrative Services or commissioner of administrative services; the Department of Technical and Adult Education; the Department of Revenue when conducting hearings relating to alcoholic beverages; the Georgia Tobacco Community Development Board; the Georgia Higher Education Savings Plan; any school, college, hospital, or other such educational, eleemosynary, or charitable institution; or any agency when its action is concerned with the military or naval affairs of this state. The term "agency" shall include the State Board of Education and Department of Education, subject to the following qualifications:
(A) Subject to the limitations of subparagraph (B) of this paragraph, all otherwise valid rules adopted by the State Board of Education and Department of Education prior to January 1, 1990, are ratified and validated and shall be effective until January 1, 1991, whether or not such rules were adopted in compliance with the requirements of this chapter; and (B) Effective January 1, 1991, any rule of the State Board of Education or Department of Education which has not been proposed, submitted, and adopted in accordance with the requirements of this chapter shall be void and of no effect.' ".

The Committee amendment, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, as amended, 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 Abdul-Salaam Y Amerson Y Anderson Y Ashe

Y Crawford Y Cummings Y Davis Y Day

Y Holmes Y Holt Y Horne Y Houston

Y Maxwell Y May Y McCall
McClinton

Y Sailor Y Scheid Y Scott, A Y Scott, M

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Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield E Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L E Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, as amended, the ayes were 174, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

The following Resolutions of the House were read and adopted:

HR 97. By Representatives Coleman of the 97th, Keen of the 179th, Richardson of the 19th, O`Neal of the 146th and Burkhalter of the 50th:

A RESOLUTION recognizing the birth of Theresa Kathleen Mock; and for other purposes.

HR 98.

By Representative Powell of the 29th:
A RESOLUTION commending the late Pete Herndon upon his selection to the Georgia Agriculture Education Hall of Fame; and for other purposes.

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HR 99. By Representatives Powell of the 29th and Jamieson of the 28th:
A RESOLUTION expressing regret at the passing of Jimmie R. Andrews; and for other purposes.
HR 100. By Representatives Powell of the 29th and Jamieson of the 28th:
A RESOLUTION commending Gary Farmer on his selection to the Georgia Agriculture Education Hall of Fame; and for other purposes.
HR 101. By Representatives Powell of the 29th, Coleman of the 144th, Cummings of the 16th and Shaw of the 176th:
A RESOLUTION commending Linda W. Beazley; and for other purposes.
HR 102. By Representative Powell of the 29th:
A RESOLUTION expressing regret at the passing of William Lewis "Bill" Chandler; and for other purposes.
HR 103. By Representatives Powell of the 29th, Coleman of the 144th, Cummings of the 16th, Shaw of the 176th and Parham of the 141st:
A RESOLUTION commending George A. Ellis; and for other purposes.
HR 104. By Representatives Geisinger of the 48th, Jennings of the 82nd, Willard of the 49th, Chambers of the 81st and Millar of the 79th:
A RESOLUTION honoring and remembering Robert "Buzz" Powell; and for other purposes.
HR 105. By Representative Hanner of the 148th:
A RESOLUTION remembering and honoring the life of Lucius Black; and for other purposes.
HR 106. By Representatives Borders of the 175th, Houston of the 170th, Shaw of the 176th and Black of the 174th:
A RESOLUTION commending and congratulating the Valdosta State University Football Team; and for other purposes.
HR 107. By Representative Cheokas of the 134th:

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A RESOLUTION remembering and honoring the life of James Frank Myers, Jr.; and for other purposes.
HR 110. By Representatives Watson of the 91st, Mangham of the 94th, Mitchell of the 88th, Jacobs of the 80th, Sinkfield of the 60th and others:
A RESOLUTION welcoming and thanking the citizens, employees, and public officials of DeKalb County, and declaring Monday, January 31, 2005, "Flavor of DeKalb" Day at the capitol; and for other purposes.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 111. By Representatives Reece of the 11th, Smith of the 13th, Cummings of the 16th, Loudermilk of the 14th and Coleman of the 97th:
A RESOLUTION recognizing and commending Coosa High School, winners of the 2004 AA Governor's Cup and inviting its students, teachers, and administrators to appear before the House of Representatives; and for other purposes.
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.

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Representative Hall, Atlanta, Georgia

Tuesday, February 1, 2005

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:

Abdul-Salaam Amerson Ashe Barnes Bearden Benton Black Borders Bridges Brooks Brown Bruce Bryant E Buckner, G Burkhalter Burmeister Burns Byrd Carter Casas Chambers Cheokas Coan Cole Coleman, B Cooper Cox Cummings Davis

Dickson Dodson Dollar Dukes Ehrhart England Epps Fleming E Floyd, H Floyd, J Forster Franklin Freeman Geisinger Golick Graves, T E Greene Harbin Hatfield Heard, J Heard, K Hembree Henson Hill, C Hill, C.A Holt Horne Houston Howard

Hugley Jackson Jacobs James Jamieson Jenkins E Jennings Johnson Jones, J Jones, S Jordan Keen Kidd Knight Knox Lakly Lane, B Lane, R Lewis Lindsey Lord Loudermilk Lunsford Maddox Marin Martin Maxwell May McCall

Meadows Millar Miller Mills Mitchell Morgan Mosby Mosley Mumford Murphy, J Murphy, Q Neal Oliver O'Neal Orrock Parham Parsons Porter Powell Ralston Randall Ray Reece, B Reece, S Reese Rice Roberts Rogers Royal

Rynders Sailor Scheid Scott, A Scott, M Setzler Shaw E Sheldon Sims, F Smith, L Smith, P Smith, R Smith, T Smith, V Stephens Stephenson Talton Teilhet Thomas, A.M Thomas, B Tumlin Warren Watson Wilkinson Willard Williams, E Williams, R Yates Richardson, Speaker

The following members were off the floor of the House when the roll was called:

Representatives Anderson of the 123rd, Barnard of the 166th, Beasley-Teague of the 65th, Benfield of the 85th, Bordeaux of the 162nd, Buckner of the 130th, Butler of the 18th, Channell of the 116th, Coleman of the 144th, Crawford of the 127th, Day of the 163rd, Dean of the 59th, Drenner of the 86th, Fludd of the 66th, Gardner of the 57th, Graves of the 137th, Hanner of the 148th, Heckstall of the 62nd, Holmes of the 61st, Hudson of the 124th, Keown of the 173rd, Lucas of the 139th, Mangham of the 94th, Manning of the 32nd, McClinton of the 84th, Morris of the 155th, Parrish of the 156th,

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Sims of the 169th, Sinkfield of the 60th, Smith of the 113th, Stanley-Turner of the 53rd, Walker of the 107th, Williams of the 165th and Wix of the 33rd.
They wish to be recorded as present.
Prayer was offered by the Reverend Tyson Moore, Douglasville, Georgia.
The members pledged allegiance to the flag.
Representative Heard of the 104th, Chairman of the Committee on Information and Audits, 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 were introduced, read the first time and referred to the Committees:
HB 18. By Representatives Hill of the 21st, Bruce of the 64th, Holmes of the 61st and Wilkinson of the 52nd:
A BILL to be entitled an Act to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, so as to eliminate certain exceptions to the required use of safety belts; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Motor Vehicles.
HB 19. By Representatives Hill of the 21st, Murphy of the 23rd, Cooper of the 41st, Scheid of the 22nd, Mills of the 25th and others:
A BILL to be entitled an Act to amend Code Section 16-13-30.3 of the Official Code of Georgia Annotated, relating to possession of substances containing ephedrine, pseudoephedrine, and phenylpropanolamine, so as to provide for limitations and restrictions regarding certain pseudoephedrine sales; to provide for conditions and requirements applicable to such sales; to provide for exceptions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 20. By Representatives Hill of the 21st, Scheid of the 22nd, Byrd of the 20th and Lindsey of the 54th:
A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of motor vehicles generally, so as to repeal and reenact certain provisions regarding window tint restrictions; to provide for definitions; to regulate the application or affixing of light transmission reducing material or glazing; to provide for criminal penalties; to provide for powers, duties, and authority of the Department of Motor Vehicle Safety; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 219. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Code Section 21-2-414 of the Official Code of Georgia Annotated, relating to restrictions on campaign activities and public opinion polling within the vicinity of a polling place, so as to prohibit certain activities within a certain distance of electors waiting to cast certain absentee ballots; to prohibit the display of certain campaign literature and materials in certain buildings where absentee voting takes place; 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.
HB 220. By Representative Jackson of the 161st:

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A BILL to be entitled an Act to amend Code Section 36-91-21 of the Official Code of Georgia Annotated, relating to competitive award requirements, so as to provide for an optional bidding preference for local businesses with respect to local government contracts that are subject to competitive bidding procedures; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 221. By Representatives Burmeister of the 119th, Watson of the 91st, Mosby of the 90th, Morgan of the 39th, Ehrhart of the 36th and others:
A BILL to be entitled an Act to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change certain provisions relating to the calculation of child support; to provide guidelines for determining amount of child support to be paid; to provide for factors for apportioning child support obligations; to provide a schedule of basic child support obligation amounts; to change the form of the final judgment in divorce actions to conform such changes in the determination and computation of child support; to remove a certain limitation on petitions to modify alimony and child support; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 222. By Representative Willard of the 49th:
A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in felony cases, so as to change certain provisions relating to the applicability of the article; to include cases in which discovery may be obtained through other lawful methods; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 223. By Representative Maddox of the 172nd:
A BILL to be entitled an Act to amend Code Section 44-12-300 of the Official Code of Georgia Annotated, relating to state recognition of American Indian tribes, so as to officially recognize the Georgia Kokeneshv Natchez Nation; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on State Planning & Community Affairs.
HB 224. By Representatives Buckner of the 76th, Manning of the 32nd, Heard of the 114th, Kidd of the 115th, Reece of the 11th and others:
A BILL to be entitled an Act to amend Code Section 15-6-77.4 of the Official Code of Georgia Annotated, relating to an additional divorce case filing fee for the Childrens Trust Fund, so as to increase said additional filing fee to $15.00; to provide for an exception; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 225. By Representatives Buckner of the 76th, Dodson of the 75th, Barnes of the 78th and Fludd of the 66th:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers licenses, so as to provide for requirements relating to priority of service at drivers license centers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 226. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to provide for regulation of the transfer of tax executions; to provide for definitions; to provide for procedures, conditions, and limitations; to amend Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to executions and judicial sales, so as to prohibit certain sales of tax executions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 227. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to repeal the sales and use tax exemption with respect to eligible foods and beverages for offpremises consumption; to provide for the allocation of certain revenue to fund relief from ad valorem property taxes for educational purposes, indigent

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defense, indigent care, and Peach Care; to provide for a contingent effective date; to provide for applicability; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 228. By Representatives Bridges of the 10th, Amerson of the 9th and Knox of the 24th:
A BILL to be entitled an Act to amend Code Section 44-12-300 of the Official Code of Georgia Annotated, relating to tribes, bands, groups, or communities recognized by the state as legitimate American Indian Tribes, so as to delete the address of one such tribe; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HB 229. By Representatives Oliver of the 83rd, Porter of the 143rd, Ashe of the 56th, Hugley of the 133rd and Watson of the 91st:
A BILL to be entitled an Act to amend Code Section 21-2-380 of the Official Code of Georgia Annotated, relating to definition of absentee elector, so as to extend the time for advanced voting; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 230. By Representatives Bruce of the 64th, Maxwell of the 17th, Orrock of the 58th, Benfield of the 85th, Mosby of the 90th and others:
A BILL to be entitled an Act to amend Article 4A of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to community involvement in education, so as to enact the "Time for Schools Act"; to provide for legislative intent; to provide that an employer shall not discharge or penalize a parent for taking reasonable time not to exceed eight hours per year to attend a parent-child conference or school program; to provide that an employer may not discriminate against an employee for taking leave in order to attend a conference or school program; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industrial Relations.

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HB 231. By Representatives Rice of the 51st, Keen of the 179th, Stephenson of the 92nd, Fleming of the 117th, Channell of the 116th and others:
A BILL to be entitled an Act to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to change provisions relating to award and apportionment of damages against joint tort-feasors; to provide for apportionment of liability according to degree of responsibility; to deny recovery to certain plaintiffs responsible for the injury or damages claimed; to eliminate provisions relating to right of contribution; to eliminate provisions relating to former apportionment of damages under certain circumstances; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Committee on Civil Justice Reform.
HB 232. By Representatives Porter of the 143rd, Parrish of the 156th, Morris of the 155th, Lord of the 142nd and Freeman of the 140th:
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 third superior court judgeship for the Dublin Judicial Circuit; to provide for the initial appointment, election, and term of office of such judge; to provide for the qualifications and for the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising the judicial circuit; to provide for jurors; to authorize the judges of said circuits to divide and allocate the work and duties thereto and provide for the duties of the chief judge; to provide for powers, duties, and responsibilities of judges of said circuit; to provide for an additional court reporter and personnel and the compensation of such reporter and personnel; to declare inherent authority; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 233. By Representatives O`Neal of the 146th, Keen of the 179th, Burkhalter of the 50th, Fleming of the 117th, Cooper of the 41st and others:
A BILL to be entitled an Act to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to change provisions relating to establishment of liability and standard of care in claims arising out of the provision of emergency medical care; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Special Committee on Civil Justice Reform.
HB 234. By Representatives Hatfield of the 177th, Keen of the 179th, Channell of the 116th, Parrish of the 156th, Rice of the 51st and others:
A BILL to be entitled an Act to revise provisions of the Official Code of Georgia Annotated relating to the use of experts in judicial proceedings; to amend Title 24 of the Official Code of Georgia Annotated, relating to evidence, so as to change provisions relating to when the opinions of experts are admissible; to provide that an expert must meet certain qualifications in order to execute an affidavit for use in a professional malpractice action; to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to change provisions relating to affidavits in professional malpractice cases; to eliminate certain provisions excusing noncompliance with certain deadlines; to provide for other matters related to the foregoing; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Committee on Civil Justice Reform.
HB 235. By Representatives Keen of the 179th, Burkhalter of the 50th, Fleming of the 117th, Channell of the 116th, Cooper of the 41st and others:
A BILL to be entitled an Act to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to provide for certain civil justice reforms with respect to certain health care liability claims; to state legislative findings and intent; to define terms; to provide for certain limits on the amount of noneconomic damages which may be recovered in certain health care liability claims; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Committee on Civil Justice Reform .
HB 236. By Representatives Lane of the 158th, Stephens of the 164th, Barnard of the 166th and Burns of the 157th:
A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to provide that a rebuttable presumption that services, accommodations, entertainment, or the use of personal property which is available only for compensation was knowingly obtained by deception and with intent to avoid payment shall arise upon a showing that the person obtaining such services, accommodations,

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entertainment, or the use of personal property used false identification, provided false information on a written contract, made any payment with an insufficient check, or returned any personal property to a place or at a time other than as agreed upon; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 237. By Representatives Tumlin of the 38th, Keen of the 179th, Burkhalter of the 50th, Fleming of the 117th, Stephenson of the 92nd and others:
A BILL to be entitled an Act to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to change provisions relating to liability of hospitals for acts or omissions of health care professionals; to provide that hospitals shall not be liable unless there is an actual agency or employment relationship; to require hospitals to provide certain notices; to provide rules for determining the existence or absence of agency, employment relationships, and independent contractor status; to provide for practice and procedure; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Committee on Civil Justice Reform .
HB 238. By Representatives Fleming of the 117th, Keen of the 179th, Burkhalter of the 50th, Dodson of the 75th, Cooper of the 41st and others:
A BILL to be entitled an Act to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to change certain provisions relating to venue; to change provisions relating to determination of venue in actions against joint defendants and the effect of dismissal of one or more parties; to provide that a court of this state may decline to adjudicate certain claims under the doctrine of forum non conveniens; to provide for practice and procedure in connection therewith; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Committee on Civil Justice Reform.
HB 239. By Representatives Fleming of the 117th, Keen of the 179th, Burkhalter of the 50th, Parrish of the 156th, Cooper of the 41st and others:
A BILL to be entitled an Act to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide for the manner of making certain settlement offers in certain civil actions; to provide that a

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party rejecting a settlement offer may be liable for litigation costs where a judgment is significantly less favorable to the rejecting party than was the settlement offer; to provide for practice and procedure; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Committee on Civil Justice Reform.
HB 240. By Representatives Day of the 163rd, Neal of the 1st and Horne of the 71st:
A BILL to be entitled an Act to amend Code Section 45-9-104 of the Official Code of Georgia Annotated, relating to submission of applications for claims for disability of a law enforcement officer or firefighter, so as to provide that claims for temporary disability shall be submitted within 60 days of the incident resulting in the disability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety.
HB 241. By Representatives Maddox of the 172nd and Keown of the 173rd:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the nonpartisan election of sheriffs; to provide for the qualifying for such offices; 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.
HB 242. By Representatives Day of the 163rd, Neal of the 1st and Horne of the 71st:
A BILL to be entitled an Act to amend Article 3 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to traffic-control signal monitoring devices, so as to change provisions regarding reports of use of such devices to elected officials; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety.
HR 90. By Representative Jackson of the 161st:
A RESOLUTION proposing an amendment to the Constitution so as to remove the prohibition of pari-mutuel betting; to authorize dedication of

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revenue from taxation of pari-mutuel betting; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Ways & Means.
HR 91. By Representative Sims of the 169th:
A RESOLUTION honoring the life of DeWayne King and designating the DeWayne King, USMC, Memorial Bridge; and for other purposes.
Referred to the Committee on Transportation.
HR 92. By Representatives Burkhalter of the 50th and Lewis of the 15th:
A RESOLUTION creating the Joint House and Senate LNG and Natural Gas Infrastructure Study Committee; and for other purposes.
Referred to the Committee on Public Utilities & Telecommunications.
HR 93. By Representative Sims of the 169th:
A RESOLUTION proposing an amendment to the Constitution so as to allocate the revenue from the state sales and use tax with respect to the sale of food and beverages for off-premises consumption to fund relief from ad valorem property taxes for educational purposes, indigent defense, indigent care, and Peach Care; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Ways & Means.
HR 94. By Representative Carter of the 159th:
A RESOLUTION honoring the memory of Jack William Shearouse and designating the Jack Shearouse Bridge in Chatham County; and for other purposes.
Referred to the Committee on Transportation.
HR 95. By Representatives Bordeaux of the 162nd and Sims of the 169th:
A RESOLUTION compensating Mr. Samuel H. Scott; and for other purposes.

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Referred to the Committee on Appropriations.

HR 96. By Representatives Bordeaux of the 162nd and Sims of the 169th:

A RESOLUTION compensating Mr. Douglas Echols; and for other purposes.

Referred to the Committee on Appropriations.

HR 108. By Representatives Benfield of the 85th, Watson of the 91st, Talton of the 145th, Crawford of the 127th, Henson of the 87th and others:

A RESOLUTION compensating Mr. Clarence Harrison; and for other purposes.

Referred to the Committee on Appropriations.

HR 109. By Representatives Day of the 163rd, Neal of the 1st and Horne of the 71st:

A RESOLUTION amending the Rules of the House of Representatives; and for other purposes.

Referred to the Committee on Rules.

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

HB 202 HB 203 HB 204 HB 205 HB 206 HB 207 HB 208 HB 209 HB 210 HB 211 HB 212 HB 213

HB 214 HB 215 HB 216 HB 217 HB 218 HR 84 HR 85 HR 86 HR 89 SB 33 SB 34

Representative Forster of the 3rd District, Chairman of the Committee on Interstate Cooperation, submitted the following report:

Mr. Speaker:

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Your Committee on Interstate Cooperation 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 8 Do Pass HR 14 Do Pass HR 29 Do Pass
Respectfully submitted, /s/ Forster of the 3rd
Chairman
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 42. By Senator Douglas of the 17th:
A BILL to be entitled an Act to amend an Act incorporating the City of Social Circle, approved August 4, 1904 (Ga. L. 1904, p. 626), as amended, so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
The following member was recognized during the period of Morning Orders and addressed the House:
Watson of the 91st.
The following Resolutions of the House were read and adopted:
HR 114. By Representatives Hill of the 180th, Williams of the 165th, Brooks of the 63rd and Keen of the 179th:
A RESOLUTION congratulating Mary B. Smart on the occasion of her 101st birthday; and for other purposes.
HR 115. By Representatives Mosley of the 178th, Smith of the 168th and Lane of the 167th:

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A RESOLUTION recognizing and commending Lynn Keith for outstanding contributions to public education in the State of Georgia; and for other purposes.
HR 116. By Representatives Mosley of the 178th, Smith of the 168th and Lane of the 167th:
A RESOLUTION recognizing and commending Natasha F. Cooksey for outstanding contributions to public education in the State of Georgia; and for other purposes.
HR 117. By Representatives Mosley of the 178th, Smith of the 168th and Lane of the 167th:
A RESOLUTION recognizing and commending Barbara Hires for outstanding contributions to public education in the State of Georgia; and for other purposes.
HR 118. By Representatives Mosley of the 178th, Smith of the 168th and Lane of the 167th:
A RESOLUTION recognizing and commending Imogene Smith for outstanding contributions to public education in the State of Georgia; and for other purposes.
HR 119. By Representatives Mosley of the 178th, Smith of the 168th and Lane of the 167th:
A RESOLUTION recognizing and commending Linda Lockley Kelly for outstanding contributions to public education in the State of Georgia; and for other purposes.
HR 120. By Representatives Mosley of the 178th, Smith of the 168th and Lane of the 167th:
A RESOLUTION recognizing and commending Beth McCall for outstanding contributions to public education in the State of Georgia; and for other purposes.
HR 121. By Representatives Mosley of the 178th, Smith of the 168th and Lane of the 167th:

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A RESOLUTION recognizing and commending Melissa Clifton Pinder for outstanding contributions to public education in the State of Georgia; and for other purposes.
HR 122. By Representatives Mosley of the 178th, Smith of the 168th and Lane of the 167th:
A RESOLUTION recognizing and commending Kay W. Surrency for outstanding contributions to public education in the State of Georgia; and for other purposes.
HR 123. By Representatives Mosley of the 178th, Smith of the 168th and Lane of the 167th:
A RESOLUTION recognizing and commending Linda Gutzwiller for outstanding contributions to public education in the State of Georgia; and for other purposes.
HR 125. By Representative Smith of the 113th:
A RESOLUTION commending Benjamin Caleb Hayes on becoming an Eagle Scout; and for other purposes.
HR 126. By Representative Smith of the 113th:
A RESOLUTION commending Christopher Evan Aleshire on becoming an Eagle Scout; and for other purposes.
HR 127. By Representative Smith of the 113th:
A RESOLUTION commending Matthew Lee Johnson on becoming an Eagle Scout; and for other purposes.
HR 128. By Representatives Cheokas of the 134th, Hanner of the 148th and James of the 135th:
A RESOLUTION remembering and honoring the life of the Honorable John V. Harper; and for other purposes.
HR 129. By Representatives Stephens of the 164th, Parrish of the 156th, Casas of the 103rd, May of the 111th and Day of the 163rd:

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A RESOLUTION commending the tourism industry in Georgia and establishing February 2, 2005, as a time to recognize that "Together, Tourism Works for Georgia"; and for other purposes.
HR 130. By Representatives Buckner of the 130th, Cooper of the 41st, Reece of the 11th, Hudson of the 124th, Jamieson of the 28th and others:
A RESOLUTION recognizing February 3, 2005, as Go Red for Women Day; and for other purposes.
HR 131. By Representative Smith of the 113th:
A RESOLUTION commending Peter Owen Scheidt on becoming an Eagle Scout; and for other purposes.
Representative Willard of the 49th District, 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 House and has instructed me to report the same back to the House with the following recommendations:
HB 67 Do Pass HB 199 Do Pass
Respectfully submitted, /s/ Willard of the 49th
Chairman
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.

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243

Representative Hall, Atlanta, Georgia

Wednesday, February 2, 2005

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

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

E Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard
Barnes Y Bearden
Beasley-Teague Benfield Y Benton Black Bordeaux Y Borders Y Bridges Y Brooks Brown Bruce Y Bryant Y Buckner, D E Buckner, G Y Burkhalter Burmeister Y Burns Butler Y Byrd Y Carter Y Casas Y Chambers E Channell Y Cheokas Coan Y Cole Y Coleman, B Coleman, T Y Cooper Y Cox

Crawford Y Cummings Y Davis
Day Dean Y Dickson Y Dodson Dollar Drenner Dukes Y Ehrhart Y England Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Golick Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard
Hudson Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Johnson Y Jones, J Y Jones, S Jordan Y Keen Keown Y Kidd Y Knight Y Knox Y Lakly Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Mangham Y Manning Marin Y Martin

Y Maxwell Y May
McCall McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Morgan Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Orrock Y Parham Parrish Y Parsons Y Porter Y Powell Y Ralston Randall Ray Y Reece, B Y Reece, S Reese Y Rice Roberts Rogers Y Royal Y Rynders

Sailor Y Scheid Y Scott, A Y Scott, M
Setzler Y Shaw Y Sheldon
Sims, C Y Sims, F
Sinkfield Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre E Stanley-Turner Stephens Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Tumlin Y Walker Y Warren Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Wix Yates Y Richardson, Speaker

The following members were off the floor of the House when the roll was called:

Representatives Anderson of the 123rd, Barnes of the 78th, Beasley-Teague of the 65th, Benfield of the 85th, Black of the 174th, Bordeaux of the 162nd, Brown of the 69th,

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Bruce of the 64th, Burmeister of the 119th, Butler of the 18th, Coleman of the 144th, Crawford of the 127th, Day of the 163rd, Dean of the 59th, Dollar of the 45th, Drenner of the 86th, Dukes of the 150th, Epps of the 128th, Golick of the 34th, Graves of the 137th, Henson of the 87th, Hugley of the 133rd, Johnson of the 37th, Jordan of the 77th, Keown of the 173rd, Lane of the 158th, Lucas of the 139th, Mangham of the 94th, Marin of the 96th, McCall of the 30th, McClinton of the 84th, Morgan of the 39th, Morris of the 155th, Parrish of the 156th, Randall of the 138th, Ray of the 136th, Roberts of the 154th, Rogers of the 26th, Sailor of the 93rd, Setzler of the 35th, Sims of the 169th, Sinkfield of the 60th, Smith of the 113th, Smyre of the 132nd, Stephens of the 164th, Thomas of the 55th, Watson of the 91st, and Yates of the 73rd.
They wish to be recorded as present.
Prayer was offered by the Reverend Jim Perdue, Pastor, Northcross Baptist Church, Cumming, Georgia.
The members pledged allegiance to the flag.
Representative Heard of the 104th, Chairman of the Committee on Information and Audits, 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 were introduced, read the first time and referred to the Committees:

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HB 17. By Representatives Hill of the 21st, Murphy of the 23rd, Scheid of the 22nd and Byrd of the 20th:
A BILL to be entitled an Act to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective businesses and private security businesses, so as to authorize the Georgia Board of Private Detective and Security Agencies to establish requirements of continuing education as a condition of license renewal; to provide for conditions, limitations, and waiver; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 21. By Representatives Hill of the 21st, Scheid of the 22nd, Chambers of the 81st, Sheldon of the 105th, Gardner of the 57th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit for the purchase or lease of a new hybrid vehicle; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 22. By Representatives Hill of the 21st, Scheid of the 22nd and Byrd of the 20th:
A BILL to be entitled an Act to amend Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding sales and use taxation, so as to change the tax situs of certain motor vehicle transactions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 23. By Representatives Hill of the 21st, Scheid of the 22nd and Byrd of the 20th:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions regarding solid waste management, so as to repeal certain provisions authorizing a tire disposal fee; to change certain provisions regarding powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources; to change certain cross-

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references; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 243. By Representatives Burmeister of the 119th, Mills of the 25th, Coan of the 101st, Smith of the 168th, Reese of the 98th and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 16 of the O.C.G.A., relating to crimes against the person, so as to revise the definition of feticide; to prohibit the voluntary manslaughter of an unborn child; to prohibit assaults and batteries of unborn children under certain circumstances; to provide for punishment for persons convicted of such offenses; to amend Article 15 of Chapter 6 of Title 40 of the O.C.G.A., relating to serious traffic offenses, so as to remove the requirement that an unborn child be quick in the definition of feticide by vehicle; to amend Article 1 of Chapter 7 of Title 52 of the O.C.G.A., relating to general provisions concerning registration, operation, and sale of watercraft, so as to remove the requirement that an unborn child be quick in the definition of feticide by vessel; to provide for definitions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 244. By Representative Burmeister of the 119th:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the O.C.G.A., relating to primaries and elections generally, so as to amend certain definitions; to authorize the Secretary of State to provide copies of the general election ballot and questions on compact disc or other media or an Internet website; to clarify the meaning of governing authority; to authorize the Secretary of State to review ballots for use on DRE units; to provide for certain training for poll officers; to change municipal qualifying periods; to provide that a candidate shall use the surname shown on such candidates voter registration card when qualifying for office; to provide that the form of a candidates name cannot be changed after the candidate qualifies; to provide for the offense of conspiracy to commit election fraud; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 245. By Representatives Kidd of the 115th, Marin of the 96th, Orrock of the 58th, Buckner of the 76th, Lucas of the 139th and others:

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A BILL to be entitled an Act to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to provide that the terms of phone cards shall be disclosed at the time of purchase and through certain notifications; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Utilities & Telecommunications.
HB 246. By Representatives Graves of the 137th, Stephens of the 164th, Carter of the 159th, Burmeister of the 119th, Parham of the 141st and others:
A BILL to be entitled an Act to amend Code Section 26-4-80 of the Official Code of Georgia Annotated, relating to dispensing prescription drugs, electronically transmitting drug orders, refills, and Schedule II controlled substance prescriptions, so as to change certain provisions relating to the electronic transmission of prescription drug orders; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 247. By Representative Ray of the 136th:
A BILL to be entitled an Act to amend an Act incorporating the City of Centerville, approved March 25, 1958 (Ga. L. 1958, p. 3323), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4622), so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 248. By Representatives Mumford of the 95th, Jones of the 46th, Lindsey of the 54th and Holt of the 112th:
A BILL to be entitled an Act to amend Code Section 17-10-7 of the Official Code of Georgia Annotated, relating to punishment of repeat offenders, so as to provide that a person convicted of the offense of murder who is not sentenced to death and who has previously been convicted of three or more felonies shall be sentenced to life without parole; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.

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HB 249. By Representatives Mumford of the 95th, Cox of the 102nd, Lane of the 167th and Holt of the 112th:
A BILL to be entitled an Act to amend Chapter 14 of Title 4 of the Official Code of Georgia Annotated, relating to sterilization of dogs and cats in shelters, so as to update certain provisions relating to penalties for noncompliance; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 250. By Representatives Maxwell of the 17th, Jamieson of the 28th, Dickson of the 6th, Keown of the 173rd and Casas of the 103rd:
A BILL to be entitled an Act to amend Code Section 20-2-230 of the Official Code of Georgia Annotated, relating to staff development programs, so as to change certain provisions relating to training for members of local school boards; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 251. By Representatives Bridges of the 10th, Cummings of the 16th and Coleman of the 97th:
A BILL to be entitled an Act 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 of Georgia, 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 retirement may make such an election with the consent of his or her spouse; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 252. By Representative Williams of the 4th:
A BILL to be entitled an Act to amend Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the effectiveness of educational programs, so as to provide that a student who does not achieve a passing score on the high school graduation test may be

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249

eligible to graduate under certain conditions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 253. By Representatives Forster of the 3rd, Watson of the 91st, Bryant of the 160th, Murphy of the 23rd, Sims of the 169th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, so as to provide that a member of any public retirement system created by general law may obtain up to five years of creditable service for prior military service; to provide for the payment of employee contributions 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.
Referred to the Committee on Retirement.
HB 254. By Representatives Knox of the 24th, Keen of the 179th, Ralston of the 7th and Ehrhart of the 36th:
A BILL to be entitled an Act to amend Chapter 1 of Title 15 of the O.C.G.A., relating to general provisions of courts, so as to authorize the establishment of drugs courts divisions within certain courts; to provide for assignment of certain cases to a drug court division; to provide for jurisdiction; to provide for judges and their appointment, designation, and terms; to provide for district attorneys, public defenders, a clerk, probation officers, and other employees; to authorize agreements with other courts and agencies for the assignment of personnel to such court; to authorize judges to complete a planned program of instruction; to provide for powers and duties of the drug court division; to provide for expenses; to provide for admissibility of certain matters in certain proceedings; to provide for access to certain information and confidentiality; to provide for costs; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 255. By Representatives Wilkinson of the 52nd, Murphy of the 23rd, Bordeaux of the 162nd and Jackson of the 161st:
A BILL to be entitled an Act to amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to place of return of motor vehicles and

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mobile homes, so as to provide for the registration of certain motor vehicles in the county where such vehicles are functionally located; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 256. By Representatives Wilkinson of the 52nd, Murphy of the 23rd, Benfield of the 85th and Bruce of the 64th:
A BILL to be entitled an Act to amend Code Section 40-5-24 of the Official Code of Georgia Annotated, relating to requirements for issuance of drivers licenses and instruction permits, so as to provide that a Class D license holder may transport only one other passenger in the vehicle who is less than 21 years of age and is not a member of the drivers immediate family; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 257. By Representatives Wilkinson of the 52nd, Murphy of the 23rd, Benfield of the 85th and Bruce of the 64th:
A BILL to be entitled an Act to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of seat safety belts in passenger vehicles, so as to increase the fine for committing the offense of failure to wear a seat safety belt; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 258. By Representatives Wilkinson of the 52nd and Murphy of the 23rd:
A BILL to be entitled an Act to amend Code Section 40-5-26 of the Official Code of Georgia Annotated, relating to applications of minors for drivers licenses and distinctive licenses for persons under age 21, so as to provide for revocation of minors permits and drivers licenses upon requests by persons who signed and verified the minors applications; to provide for issuance of new instruction permits and drivers licenses following such revocations; to provide for a mandatory waiting period; to provide for insurance matters related to such revocations; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Motor Vehicles.
HB 259. By Representative Barnard of the 166th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Evans County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 260. By Representative Willard of the 49th:
A BILL to be entitled an Act to amend Code Section 21-5-34.1 of the Official Code of Georgia Annotated, relating to filing campaign contribution disclosure reports electronically, so as to change certain provisions regarding filing certain original reports; to provide that when certain reports are filed electronically only the disclosure summary and verification shall be filed via hard copy; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 261. By Representatives Smith of the 168th, McCall of the 30th, Williams of the 165th, Sims of the 169th, Lane of the 167th and others:
A BILL to be entitled an Act to amend Code Section 41-1-7 of the Official Code of Georgia Annotated, relating to treatment of agricultural facilities and operations and forest land as nuisances, so as to define a term; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 262. By Representatives Carter of the 159th, Bryant of the 160th, Bordeaux of the 162nd, Day of the 163rd and Stephens of the 164th:
A BILL to be entitled an Act to amend an Act relating to the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, so as to provide for nonpartisan election of the members of the board of education; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on State Planning & Community Affairs - Local.
HB 263. By Representatives Roberts of the 154th, Golick of the 34th, Smith of the 129th, Freeman of the 140th, Dollar of the 45th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide a deduction for the cost of certain classroom supplies, equipment, and materials paid by certain educators; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 264. By Representatives Forster of the 3rd, Manning of the 32nd and Davis of the 109th:
A BILL to be entitled an Act to amend Chapter 6 of Title 28 of the Official Code of Georgia Annotated, relating to interstate cooperation, so as to change certain provisions relating to creation and membership of the Georgia Commission on Interstate Cooperation; to provide for allowances; to change certain provisions relating to functions of the Georgia Commission on Interstate Cooperation; to change certain provisions relating to a declaration that the Council of State Governments, Council of State Governments Clairmont Road, L.L.C., and Southern Legislative Conference are joint governmental agencies of this state; to provide that certain organizations are joint governmental agencies of this state; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Interstate Cooperation.
HR 113. By Representatives Forster of the 3rd, Loudermilk of the 14th, Lewis of the 15th, Murphy of the 23rd, Parsons of the 42nd and others:
A RESOLUTION urging the United States Senators from the State of Georgia to support a repeal of the federal excise tax on telecommunications; and for other purposes.
Referred to the Committee on Ways & Means.
HR 132. By Representatives Forster of the 3rd, Loudermilk of the 14th, Ralston of the 7th, Mumford of the 95th, Mangham of the 94th and others:

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A RESOLUTION urging the congressional delegation of the State of Georgia to end the abuse of tort law against the firearms industry; and for other purposes.

Referred to the Committee on Judiciary.

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

HB 18 HB 19 HB 20 HB 219 HB 220 HB 221 HB 222 HB 223 HB 224 HB 225 HB 226 HB 227 HB 228 HB 229 HB 230 HB 231 HB 232 HB 233

HB 234 HB 235 HB 236 HB 237 HB 238 HB 239 HB 240 HB 241 HB 242 HR 90 HR 91 HR 92 HR 93 HR 94 HR 95 HR 96 HR 108 HR 109

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

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 2, 2005

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 11th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule:

HB 95

Code of Georgia; corrections

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Modified Open Rule:

HR 47

Coverdell, Paul D.; rename Legislative Office Building in his honor

Modified Structured Rule:

None

Structured Rule:

None

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

Respectfully submitted, /s/ Ehrhart of the 36th
Chairman

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 3.

By Senators Smith of the 52nd, Johnson of the 1st, Seabaugh of the 28th, Stephens of the 27th, Hamrick of the 30th and others:

A BILL to be entitled an Act to amend Titles 9, 24, and 51 of the O.C.G.A., relating respectively to civil practice; evidence; and torts, so as to provide for substantive and comprehensive revision of provisions regarding civil practice, evidentiary matters, and liability in tort actions in general and actions related to health care in particular; to provide for legislative findings; to change provisions relating to venue in actions with joint defendants; to change provisions relating to affidavits accompanying charges of professional malpractice; to provide for defendants access to plaintiffs health information in medical malpractice cases; to provide for offers for judgment and the effect thereof; to provide that certain statements of apology or fault by health care providers shall not be admitted as evidence in civil actions; to repeal conflicting laws; and for other purposes.

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By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee:
SB 42. By Senator Douglas of the 17th:
A BILL to be entitled an Act to amend an Act incorporating the City of Social Circle, approved August 4, 1904 (Ga. L. 1904, p. 626), 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.
The following members were recognized during the period of Morning Orders and addressed the House:
Smith of the 131st, Millar of the 79th, and Mangham of the 94th.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and referred to the Committee on Agriculture & Consumer Affairs:
HB 201. By Representatives McCall of the 30th, Crawford of the 127th, Scott of the 153rd, Roberts of the 154th and Ray of the 136th:
A BILL to be entitled an Act to amend Part 9 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of veterinarians and boarders of animals, so as to change certain provisions relating to liens for treatment, board, or care of animals and right to retain possession; to define certain terms; to repeal conflicting laws; and for other purposes.
The following Resolution of the House, referred to the House Rules Subcommittee on Invites, was reported by the Committee on Rules with the following recommendation:
HR 71 Do Pass
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 71. By Representatives Harbin of the 118th, Fleming of the 117th and Burmeister of the 119th:

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A RESOLUTION congratulating the 2004 Greenbrier High School Softball Team, winners of the Class AAAA State Championship, and inviting the team 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 and Resolution of the House were taken up for consideration and read the third time:

HB 95. By Representatives Willard of the 49th and Oliver of the 83rd:

A BILL to be entitled an Act to amend the O.C.G.A., 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 O.C.G.A.; to reenact the statutory portion of the O.C.G.A., as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the O.C.G.A.; to repeal portions of the Code and Acts amendatory thereof which have become obsolete; to delete portions of the Code which have been superseded by subsequent state laws; to provide for and to correct citations in the O.C.G.A. and other codes and laws of the state; to rearrange, renumber, and redesignate provisions of the O.C.G.A.; to provide for other matters relating to the O.C.G.A.; to provide effective dates; to repeal conflicting laws; and for other purposes.

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

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

E Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton
Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D

Crawford Y Cummings Y Davis Y Day
Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S
Jordan Y Keen Y Keown

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre E Stanley-Turner Y Stephens

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E Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers E Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Orrock Y Parham Y Parrish
Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S
Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 164, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

Due to a mechanical malfunction, the vote of Representative Black of the 174th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HR 47. By Representatives Keen of the 179th, Richardson of the 19th, Burkhalter of the 50th, Royal of the 171st, Channell of the 116th and others:

A RESOLUTION paying tribute to the memory of a great Georgian, the late Paul D. Coverdell, and naming the Paul D. Coverdell Legislative Office Building in his honor; and for other purposes.

The following Committee substitute was read:

A RESOLUTION

Paying tribute to the memory of a great Georgian, the late Paul D. Coverdell, and naming the Paul D. Coverdell Legislative Office Building in his honor; and for other purposes.

WHEREAS, Paul D. Coverdell was born in 1939 in Des Moines, Iowa, and his family traveled extensively before settling in Georgia; and

WHEREAS, Mr. Coverdell attended Georgia State University and transferred to the University of Missouri where he received a B.S. in Journalism; and

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WHEREAS, he served his country with valor and distinction as an officer in the United States Army in Okinawa, Taiwan, and Korea from 1962 to 1964; and
WHEREAS, he became a successful and highly respected businessman, founding the Coverdell & Company insurance marketing business with his father in 1965 and going on to serve as Chief Executive Officer of the firm; and
WHEREAS, Mr. Coverdell was elected to the Georgia Senate in 1970 and became a leader and beloved member of this General Assembly, serving as Senate Minority Leader from 1974 until his retirement from the Georgia Senate in 1989; and
WHEREAS, he served with great ability as Director of the Peace Corps from 1989 to 1991, making outstanding contributions to the worldwide mission of that organization; and
WHEREAS, he was elected to the United States Senate in 1992 and served in that body until his death in 2000, and he was widely recognized as one of the most effective, hard working, intelligent, and devoted members of the Senate; and
WHEREAS, Paul D. Coverdell has left an unblemished and unsurpassed record of all that is most exemplary in public service to state and country.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body hereby pays tribute to the memory of a great Georgian, the late Paul D. Coverdell.
BE IT FURTHER RESOLVED that the Legislative Office Building located adjacent to the Georgia State Capitol is hereby named the Paul D. Coverdell Legislative Office Building.
BE IT FURTHER RESOLVED that the Legislative Fiscal Officer, under direction of the Speaker of the House and the President Pro Tempore of the Senate, is authorized and directed to procure and provide for the placement of any and all signs and markings as may be determined appropriate by such officers to so designate the building.
BE IT FURTHER RESOLVED that the Clerk of the House is authorized and directed to transmit an appropriate copy of this resolution to the family of the late Paul D. Coverdell.
Representative Holmes of the 61st moved that HR 47 be recommitted to the Committee on Rules.
On the motion the roll call was ordered and the vote was as follows:

WEDNESDAY, FEBRUARY 2, 2005

259

E Abdul-Salaam N Amerson Y Anderson Y Ashe N Barnard Y Barnes N Bearden Y Beasley-Teague Y Benfield N Benton N Black Y Bordeaux N Borders N Bridges Y Brooks N Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G N Burkhalter N Burmeister N Burns N Butler N Byrd N Carter N Casas N Chambers E Channell Y Cheokas N Coan N Cole N Coleman, B
Coleman, T N Cooper N Cox

N Crawford Y Cummings N Davis N Day N Dean N Dickson N Dodson N Dollar Y Drenner Y Dukes N Ehrhart N England Y Epps N Fleming Y Floyd, H N Floyd, J Y Fludd N Forster N Franklin N Freeman Y Gardner N Geisinger N Golick N Graves, D N Graves, T E Greene Y Hanner N Harbin N Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree Y Henson N Hill, C N Hill, C.A

Y Holmes N Holt N Horne N Houston Y Howard Y Hudson Y Hugley Y Jackson N Jacobs Y James N Jamieson
Jenkins E Jennings Y Johnson N Jones, J Y Jones, S Y Jordan N Keen N Keown Y Kidd N Knight N Knox N Lakly N Lane, B N Lane, R N Lewis
Lindsey Y Lord N Loudermilk Y Lucas N Lunsford N Maddox Y Mangham N Manning Y Marin N Martin

N Maxwell N May N McCall Y McClinton N Meadows N Millar N Miller N Mills Y Mitchell Y Morgan N Morris Y Mosby N Mosley N Mumford N Murphy, J Y Murphy, Q N Neal N Oliver N O'Neal Y Orrock N Parham N Parrish N Parsons Y Porter N Powell N Ralston Y Randall Y Ray Y Reece, B N Reece, S
Reese N Rice N Roberts N Rogers N Royal N Rynders

Y Sailor N Scheid N Scott, A N Scott, M N Setzler N Shaw N Sheldon N Sims, C Y Sims, F Y Sinkfield N Smith, B N Smith, L Y Smith, P N Smith, R N Smith, T N Smith, V Y Smyre E Stanley-Turner N Stephens
Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin N Walker Y Warren Y Watson N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Richardson, Speaker

On the motion, the ayes were 60, nays 109.

The motion was lost.

Due to a mechanical malfunction, the votes of Representatives Jenkins of the 8th and Lindsey of the 54th were not recorded on the preceding roll call. They wished to be recorded as voting "nay" thereon.

The following amendment was read and withdrawn:

Representative Porter et al. move to amend the Committee substitute to HR 47 by striking lines 1 and 2 of page 1 in their entirety and inserting in lieu thereof the following:

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"Paying tribute to Honorable Zell Bryan Miller and to the memory of a great Georgian, the late Paul D. Coverdell, and naming the Miller-Coverdell Legislative Office Building in their honor; and for other purposes."
By adding between lines 2 and 3 of page 1 the following:
"WHEREAS, Honorable Zell Bryan Miller was born on February 24, 1932, in Young Harris, Georgia, and is one of Georgias most distinguished native sons; and
WHEREAS, as a young man he served his country with honor and distinction in the United States Marine Corps from 1953 to 1956, leaving the Corps as a Sergeant and Rifle Expert; and
WHEREAS, he attended Young Harris College prior to his military service and later earned bachelors and masters degrees in history from the University of Georgia and entered the teaching profession as a history professor at Young Harris College; and
WHEREAS, he began a long and distinguished career in public service in 1959 with a term as Mayor of Young Harris, was elected to the Georgia Senate in 1960, won the first of four consecutive terms as Georgias Lieutenant Governor in 1974, and was elected to the first of two terms as Governor of Georgia in 1990; and
WHEREAS, he served as United States Senator from Georgia from 2000 to 2005; and
WHEREAS, his achievements and contributions during more than four decades of public service are far too numerous to list, but mention may be made of his accomplishments as Governor in moving Georgia from fiscal difficulties to full reserves while achieving major cuts in sales and income taxes; and
WHEREAS, he has a passion for education and has contributed greatly to the cause of education in Georgia in many ways, most notably through the creation of the highly successful HOPE Scholarship program and the nations first pre-kindergarten program; and".
By striking line 2 of page 2 and inserting in lieu thereof the following:
"GEORGIA that this body hereby pays tribute to the service of Honorable Zell Bryan Miller and to the memory of a great Georgian, the late".
By striking line 5 of page 2 and inserting in lieu thereof the following:
"Georgia State Capitol is hereby named the Miller-Coverdell Legislative Office Building."

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261

By striking line 11 of page 2 and inserting in lieu thereof the following:
"transmit appropriate copies of this resolution to Honorable Zell Bryan Miller and to the family of the late Paul D. Coverdell."
The following amendment was read:
Representative Lucas et al. move to amend the Committee substitute to HR 47 by striking all matter beginning with line 1 of page 1 through the end of the document and inserting in lieu thereof the following:
"Naming the Legislative Office Building adjacent to the State Capitol Building in honor of former Representatives Richard Dent, J. C. Daugherty, and Grace Towns Hamilton; and for other purposes.
WHEREAS, Richard Dent of Augusta, J. C. Daugherty of Atlanta, and Grace Towns Hamilton of Atlanta all served in the Georgia General Assembly with great ability, distinction, and dedication to duty; and
WHEREAS, Representative Dent, affectionately known as 'Papa Dent,' was the first African American elected from Richmond County to the Georgia House of Representatives since Reconstruction, was known for his oratorical skills which often swayed the outcome of important votes, and also has the distinction of being the first African American to chair a committee in the House since Reconstruction; and
WHEREAS, Representative Daugherty was well known as one of the most capable and effective members of the Atlanta Bar, was one of the most effective advocates in the celebrated controversy over the seating of Representative Julian Bond, and went on to preside over the House Special Judiciary Committee, where he was universally known as a highly effective and fair Chairman; and
WHEREAS, Representative Grace Towns Hamilton was one of the best known and most loved members of the House and an extraordinary leader and was the first African American woman to be elected to a state legislature in the Deep South; and her unique and enduring accomplishments have been documented in the notable book, Grace Towns Hamilton and the Politics of Southern Change; and
WHEREAS, it is appropriate and fitting that the outstanding accomplishments and contributions to the state of these individuals be honored in an appropriate manner.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Legislative Office Building located adjacent to the Georgia State Capitol is hereby named the Dent-Daugherty-Hamilton Legislative Office Building.

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BE IT FURTHER RESOLVED that the Legislative Fiscal Officer, under direction of the Speaker of the House and the President Pro Tempore of the Senate, is authorized and directed to procure and provide for the placement of any and all signs and markings as may be determined appropriate by such officers to so designate the building."

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

E Abdul-Salaam N Amerson Y Anderson Y Ashe N Barnard N Barnes N Bearden Y Beasley-Teague Y Benfield N Benton N Black N Bordeaux N Borders N Bridges Y Brooks N Brown Y Bruce
Bryant N Buckner, D
Buckner, G N Burkhalter N Burmeister N Burns N Butler N Byrd N Carter N Casas N Chambers E Channell N Cheokas N Coan N Cole N Coleman, B
Coleman, T N Cooper N Cox

N Crawford N Cummings N Davis N Day Y Dean N Dickson N Dodson N Dollar Y Drenner Y Dukes N Ehrhart N England Y Epps N Fleming N Floyd, H N Floyd, J Y Fludd N Forster N Franklin N Freeman Y Gardner N Geisinger N Golick N Graves, D N Graves, T E Greene N Hanner N Harbin N Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree Y Henson N Hill, C N Hill, C.A

Y Holmes N Holt N Horne N Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James N Jamieson N Jenkins E Jennings
Johnson N Jones, J Y Jones, S Y Jordan N Keen N Keown Y Kidd N Knight N Knox N Lakly N Lane, B N Lane, R N Lewis N Lindsey
Lord N Loudermilk Y Lucas N Lunsford N Maddox Y Mangham N Manning N Marin N Martin

N Maxwell N May N McCall Y McClinton N Meadows N Millar N Miller N Mills Y Mitchell Y Morgan N Morris Y Mosby N Mosley N Mumford N Murphy, J Y Murphy, Q N Neal N Oliver N O'Neal Y Orrock N Parham N Parrish N Parsons Y Porter N Powell N Ralston Y Randall N Ray N Reece, B N Reece, S
Reese N Rice N Roberts N Rogers N Royal N Rynders

Y Sailor N Scheid N Scott, A N Scott, M N Setzler N Shaw N Sheldon N Sims, C
Sims, F Y Sinkfield N Smith, B N Smith, L N Smith, P N Smith, R N Smith, T N Smith, V Y Smyre E Stanley-Turner N Stephens
Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin N Walker Y Warren Y Watson N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Richardson, Speaker

On the adoption of the amendment, the ayes were 46, nays 120.

The amendment was lost.

The Committee substitute was adopted.

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263

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:

E Abdul-Salaam Y Amerson N Anderson Y Ashe Y Barnard Y Barnes Y Bearden N Beasley-Teague N Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges Y Brooks Y Brown N Bruce N Bryant N Buckner, D
Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers E Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene N Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K
Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A

N Holmes Y Holt Y Horne Y Houston N Howard Y Hudson N Hugley N Jackson Y Jacobs N James Y Jamieson Y Jenkins E Jennings N Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown N Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey N Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin Y Martin

Y Maxwell Y May Y McCall N McClinton Y Meadows Y Millar Y Miller Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal Y Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons N Porter Y Powell Y Ralston N Randall Y Ray N Reece, B Y Reece, S
Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C
Sims, F N Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre E Stanley-Turner Y Stephens
Stephenson Y Talton N Teilhet Y Thomas, A.M N Thomas, B Y Tumlin Y Walker N Warren N Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Richardson, Speaker

On the adoption of the Resolution, by substitute, the ayes were 121, nays 47.

The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

To the Clerk of the House:

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We respectfully request that this explanation of our votes on HR 47 be printed in the Journal of the House:
By our votes against HR 47, we mean no disrespect for Senator Coverdell. However, especially given that Senator Coverdell opposed the establishment of the Legislative Office Building which this resolution would name after him, we do not believe this is the appropriate recognition for him.
Representatives Bordeaux of the 162nd, Jackson of the 161st, Porter of the 143rd, Dukes of the 150th, Benfield of the 85th, Henson of the 87th, Drenner of the 86th, Lord of the 142nd, Hanner of the 148th, Lucas of the 139th, Hugley of the 133rd, Fludd of the 66th, Buckner of the 130th, Mitchell of the 88th, Kidd of the 115th, Bruce of the 64th, Orrock of the 58th, Williams of the 89th, Murphy of the 120th, Jones of the 44th, Holmes of the 61st, Heard of the 114th, Sims of the 151st, and James of the 135th.
House of Representatives Legislative Office Building, Room 601
Atlanta, Georgia 30334
February 2, 2005
To Clerk for the purpose of entering into the Journal:
Today, February 2, the House of Representatives voted on HR 47, a resolution to name the Legislative Office Building for the late Senator Paul Coverdell. I voted to send the resolution back to committee because I believe at the very least the building should be the Coverdell-Nunn Building considering that Mr. Coverdell and the other Republican leadership opposed ever creating the building. Secondly, I refrained from voting on the resolution because I am submitting a constitutional amendment to allow Georgia citizens to decide if future naming of state roads and state buildings should be limited to persons who have given volunteer service to the State of Georgia without receiving a salary or retirement benefits. Persons who have served in the military shall also be considered under my bill.
I mean no disrespect to Senator Coverdell, for he was a significant public servant. I simply want to see the historic act of naming state buildings and state roads done without the influence of partisan politics.
/s/ Gail Buckner
House of Representatives
EXPLANATION OF VOTE

WEDNESDAY, FEBRUARY 2, 2005

265

Rep. Barbara Massey Reece House District 11
February 2, 2005
H.R. 47 Naming L.O.B.
Today I voted NO on HR 47. This vote in no way is disrespectful of Senator Coverdell whom I continue to hold in high esteem.
My vote is a reflection of my belief that the LOB should bear no name but be representative of all those past legislators both at the state and federal level who have served Georgia's citizens.
/s/ Rep. Barbara Massey Reece
The following Resolutions of the House and Senate were read and adopted:
HR 124. By Representative Cheokas of the 134th:
A RESOLUTION recognizing Coach Melvin T. Kinslow on his 70th birthday; and for other purposes.
HR 134. By Representatives Ashe of the 56th, Benfield of the 85th, Porter of the 143rd, Smith of the 70th, Jones of the 44th and others:
A RESOLUTION commending the Womens Sports Foundation and the Atlanta Womens Foundation; and for other purposes.
HR 135. By Representative Royal of the 171st:
A RESOLUTION commending Bernard Catchings; and for other purposes.
HR 136. By Representatives Royal of the 171st, Houston of the 170th and Rynders of the 152nd:
A RESOLUTION recognizing and commending Hamilton Elementary School; and for other purposes.
HR 137. By Representatives Coan of the 101st, Coleman of the 97th, Heard of the 104th and Sheldon of the 105th:

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A RESOLUTION congratulating the Collins Hill High School Wrestling Team; and for other purposes.

HR 138. By Representatives Brooks of the 63rd, Watson of the 91st, Smyre of the 132nd, Beasley-Teague of the 65th, Jones of the 44th and others:

A RESOLUTION honoring the life of Judge William Augustus Bootle and expressing regret at his passing; and for other purposes.

HR 139. By Representative Rynders of the 152nd:

A RESOLUTION recognizing the importance of Georgia's community health centers and designating February 3, 2005, as "Community Health Centers Day"; and for other purposes.

HR 140. By Representative Brooks of the 63rd:

A RESOLUTION declaring February 7-12, 2005, as "Hand in Hand with Children: Guiding and Protecting Week"; and for other purposes.

HR 141. By Representative Brooks of the 63rd:

A RESOLUTION declaring February 7-12, 2005, as "Hand in Hand with Children: Guiding and Protecting Week"; and for other purposes.

SR 44.

By Senators Douglas of the 17th, Johnson of the 1st, Stephens of the 27th, Hill of the 4th, Thomas of the 2nd and others:

A RESOLUTION commending all Vietnam Era Veterans and their families; to recognize May 4-8, 2005, as the 30th Observance of the Ending of the Vietnam War; and for other purposes.

Representative Stephens of the 164th 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:

HB 218 Do Pass, by Substitute

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267

Respectfully submitted, /s/ Stephens of the 164th
Chairman
Representative Coan of the 101st 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 200 Do Pass
Respectfully submitted, /s/ Coan of the 101st
Chairman
Representative Ralston of the 7th District, Chairman of the Committee on Judiciary Non-civil, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary Non-civil 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 10 Do Pass, by Substitute
Respectfully submitted, /s/ Ralston of the 7th
Chairman
The following Resolutions of the House, referred to the House Rules Subcommittee on Invites, were reported by the Committee on Rules with the following recommendations:
HR 62 Do Pass HR 69 Do Pass HR 111 Do Pass

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Representative Smith of the 168th District, 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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 66 Do Pass
Respectfully submitted, /s/ Smith of the 168th
Chairman
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.

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269

Representative Hall, Atlanta, Georgia

Thursday, February 3, 2005

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:

Y Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard
Barnes Y Bearden Y Beasley-Teague Y Benfield E Benton
Black Bordeaux Y Borders Y Bridges Y Brooks Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter E Casas Y Chambers E Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Cooper Y Cox

Y Crawford Y Cummings Y Davis
Day Dean Y Dickson Y Dodson Dollar Drenner Dukes Y Ehrhart Y England Y Epps Y Fleming Floyd, H Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Golick Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley E Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall
McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan
Morris Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Orrock Y Parham Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Roberts Y Rogers Y Royal Y Rynders

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw
Sheldon Sims, C Y Sims, F Sinkfield Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre E Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Wix Y Yates Y Richardson, Speaker

The following members were off the floor of the House when the roll was called:

Representatives Anderson of the 123rd, Barnes of the 78th, Black of the 174th, Bordeaux of the 162nd, Brown of the 69th, Coleman of the 144th, Cooper of the 41st,

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Day of the 163rd, Dean of the 59th, Dollar of the 45th, Drenner of the 86th, Dukes of the 150th, Floyd of the 99th, Floyd of the 147th, Fludd of the 66th, Golick of the 34th, Graves of the 137th, Heckstall of the 62nd, Hudson of the 124th, Mangham of the 94th, McClinton of the 84th, Morris of the 155th, Mosby of the 90th, Orrock of the 58th, Parrish of the 156th, Roberts of the 154th, Sailor of the 93rd, Sims of the 169th, Sinkfield of the 60th, Smith of the 113th, Smyre of the 132nd, Stephenson of the 92nd, Thomas of the 55th, Watson of the 91st, and Wix of the 33rd.
They wish to be recorded as present.
Prayer was offered by the Reverend Randy Carson, Pastor, Nahunta Baptist Church, Nahunta, Georgia.
The members pledged allegiance to the flag.
Representative Heard of the 104th, Chairman of the Committee on Information and Audits, 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 were introduced, read the first time and referred to the Committees:
HB 265. By Representatives Ralston of the 7th and Crawford of the 127th:

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271

A BILL to be entitled an Act to amend Code Section 48-6-69 of the Official Code of Georgia Annotated, relating to the recording, payment, and certification where encumbered real property is located in more than one county or located within and outside the state, so as to provide that the intangible recording tax may be prorated among the counties in which the real property is located; to provide that upon payment of the prorated tax to a county, the instrument may be recorded in said county; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 266. By Representatives Wilkinson of the 52nd, Henson of the 87th, Drenner of the 86th, Burmeister of the 119th, Williams of the 4th and others:
A BILL to be entitled an Act 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 expunge or delete certain violations from the disciplinary record of any licensee; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 267. By Representative Shaw of the 176th:
A BILL to be entitled an Act 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, procedure, automatic surveillance prohibited, and penalty, so as to provide for a certain period of time before which unauthorized vehicles on private property may be towed; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 268. By Representatives Crawford of the 127th, Fleming of the 117th and Ralston of the 7th:
A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys, so as to change the provisions relating to the compensation of district attorneys, assistant district attorneys, district attorney investigators, and assistant district attorneys who temporarily substitute for a district attorney who dies or resigns during the term of office; to change the provisions relating to additional personnel for district attorneys offices; to amend Code Section

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45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, so as to change the annual salary of district attorneys; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 269. By Representatives Davis of the 109th, Jacobs of the 80th, Talton of the 145th, Lunsford of the 110th and Watson of the 91st:
A BILL to be entitled an Act to amend Part 10 of Article 6 of Chapter 2 of Title 20 of the O.C.G.A., relating to capital outlay funds for public schools, so as to provide that educational facilities plans for local systems shall anticipate needs for seven years; to conform references to such plans; to increase the maximum appropriation for general capital outlay funds and capital outlay funds for school systems experiencing exceptional growth; to change the requirements for local school systems to qualify for capital outlay funds designated for school systems experiencing exceptional growth; to provide for an enhancement for systems experiencing extreme growth; to amend an uncodified provision of an Act approved April 22, 1999 (Ga. L. 1999, p. 400), as amended, particularly by an Act approved April 9, 2001 (Ga. L. 2001, p. 148); to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 270. By Representatives Royal of the 171st, Graves of the 137th, Stephens of the 164th, Carter of the 159th and Parrish of the 156th:
A BILL to be entitled an Act to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, so as to exempt licensed pharmacists and their licensed agents, practicing under a home health agency or home infusion agency, who administer injectable medications in a patients home from certificate of need requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 271. By Representatives Smyre of the 132nd, Smith of the 129th, Hugley of the 133rd, Smith of the 131st and Buckner of the 130th:
A BILL to be entitled an Act to amend an Act providing a new charter for the county-wide government of Columbus, Georgia, approved April 5, 1993 (Ga.

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L. 1993, p. 4978), as amended, so as to abolish the Columbus Industrial and Port Development Commission and to repeal certain Acts and constitutional amendments related to its powers, duties, and functions; to repeal an Act approved March 18, 1986 (Ga. L. 1986, p. 3780), that continued in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 47 (House Resolution 170-372) enacted at the 1965 session of the General Assembly and that was duly ratified at the 1966 general election (Ga. L. 1965, p. 702), relating to the creation of the Columbus-Muscogee County Port Development Commission; to repeal that constitutional amendment that was proposed by Resolution Act No. 47 (House Resolution 170-372) enacted at the 1965 session of the General Assembly and that was duly ratified at the 1966 general election (Ga. L. 1965, p. 702), relating to the creation of the Columbus-Muscogee County Port Development Commission; to repeal an Act approved March 18, 1986 (Ga. L. 1986, p. 3782), that continued in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 64 (House Resolution 106-252) enacted at the 1967 session of the General Assembly and that was duly ratified at the 1968 general election (Ga. L. 1967, p. 947), relating to the creation of the Muscogee County Industrial Development Authority; to repeal that constitutional amendment that was proposed by Resolution Act No. 64 (House Resolution 106-252) enacted at the 1967 session of the General Assembly and that was duly ratified at the 1968 general election (Ga. L. 1967, p. 947), relating to the creation of the Muscogee County Industrial Development Authority; to provide for a referendum; to provide for effective dates and automatic repeal; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended, and the duties of the governing authority of Columbus, Georgia, related thereto; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 272. By Representatives Hembree of the 67th, Sims of the 169th, Oliver of the 83rd, O`Neal of the 146th and Byrd of the 20th:
A BILL to be entitled an Act to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to provide for a program of educational and living expense grants for certain children who qualify as foster children; to provide for eligibility; to provide for administration, practices, procedures, and requirements related to such grants; to provide for reports; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Higher Education.
HB 273. By Representatives Lunsford of the 110th, Richardson of the 19th, Smith of the 129th, Ehrhart of the 36th, Harbin of the 118th and others:
A BILL to be entitled an Act to amend Titles 32 and 40 of the O.C.G.A., relating to highways, bridges, and ferries and motor vehicles and traffic, respectively, so as to authorize the Department of Transportation to implement FlexAuto lanes; to provide that a FlexAuto lane shall be an area designated as a special lane of travel created by converting emergency lane and hard shoulder areas on the left or right side of an interstate highway or other road into a rush hour traffic lane for use by automobiles only during certain hours; to state legislative findings, determinations, and recommendations; to provide for striping, marking, and signage of FlexAuto lanes; to regulate the use of such lanes and provide for criminal punishment of violations; to provide for conditions and limitations; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 274. By Representatives Millar of the 79th, Hill of the 21st, Benton of the 31st and Maxwell of the 17th:
A BILL to be entitled an Act to amend Titles 31, 33, and 51 of the Official Code of Georgia Annotated, relating respectively to health, insurance, and torts, so as to provide a comprehensive mechanism to address rising medical malpractice insurance rates and the need for tort reform; to change provisions relating to duties, functions, and powers of the Department of Human Resources; to provide for confidentially of certain information; to provide for fees on medical malpractice insurance premiums; to limit liability on damages in certain circumstances; to provide for legislative findings; to change certain provisions relating to the amount and method of computing tax on insurance premiums generally; to provide for definitions; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Committee on Civil Justice Reform.
HB 275. By Representatives Cole of the 125th, Mumford of the 95th, Golick of the 34th, Roberts of the 154th, Smith of the 129th and others:

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A BILL to be entitled an Act to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to state employees insurance and benefits plans, so as to transfer administration of certain deferred compensation plans from the State Personnel Board to the Board of Trustees of the Employees Retirement System of Georgia; to provide for transfer of accounts, funds, and information; to provide for investment advisors and counselors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 276. By Representatives Rice of the 51st, Dollar of the 45th, Powell of the 29th, Murphy of the 23rd and Parham of the 141st:
A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for 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; to provide for rules and standards to be set by the commissioner; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 277. By Representatives Rice of the 51st, Dollar of the 45th, Powell of the 29th, Murphy of the 23rd and Parham of the 141st:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration and renewal of drivers licenses, so as to provide that driver training schools must be licensed and in operation for two years before being authorized to conduct on-the-road driving tests; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 278. By Representatives Rice of the 51st, Dollar of the 45th, Murphy of the 23rd and Parham of the 141st:
A BILL to be entitled an Act to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving controlled substances, so as to prohibit owning or operating

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vehicles containing false or secret compartments; to prohibit installing false or secret compartments in a vehicle; to subject such vehicles to forfeiture; to provide a penalty for violations; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 279. By Representatives Floyd of the 147th, Roberts of the 154th, Royal of the 171st, Crawford of the 127th, James of the 135th and others:
A BILL to be entitled an Act to amend Code Section 32-6-26 of the Official Code of Georgia Annotated, relating to weight of vehicle and load, so as to change certain provisions relating to weight limitations for certain types of vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 280. By Representatives Heard of the 114th, Bruce of the 64th, Williams of the 165th, Sims of the 151st, Williams of the 89th and others:
A BILL to be entitled an Act to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to change certain provisions relating to a prescribed course of study in health and physical education; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 281. By Representatives Smith of the 129th, Loudermilk of the 14th, Graves of the 12th, Floyd of the 147th and Mosley of the 178th:
A BILL to be entitled an Act to amend Chapter 32 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Regional Transportation Authority, so as to provide for additional powers to enter upon certain lands; to provide for procedures and conditions; to provide for a sales and use tax exemption with respect to property purchased by or used by the authority; to provide that no provision of Chapter 7 of Title 46 shall apply to any bus, other motor vehicle, or rapid rail system of the authority which provides transit services; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.

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HB 282. By Representatives Roberts of the 154th, Golick of the 34th, Smith of the 129th, Maddox of the 172nd, Davis of the 109th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide deductions in determining individual and corporate taxable net income for certain purchases which may be treated as expenses under federal law; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 283. By Representatives Day of the 163rd and Stephens of the 164th:
A BILL to be entitled an Act to amend an Act amending an Act providing for a base year assessed value homestead exemption from City of Vernonburg ad valorem taxes for municipal purposes, approved May 17, 2004 (Ga. L. 2004, p. 4318), so as to correct certain typographical errors; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 284. By Representatives Day of the 163rd and Stephens of the 164th:
A BILL to be entitled an Act to amend an Act amending an Act providing for a base year assessed value homestead exemption from City of Tybee Island ad valorem taxes for municipal purposes, approved May 17, 2004 (Ga. L. 2004, p. 4321), so as to correct certain typographical errors; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 285. By Representatives Stephens of the 164th, Keen of the 179th, Parrish of the 156th, Wilkinson of the 52nd and Williams of the 165th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide for the start date of a school year to be established by a local board of education; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.

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HB 286. By Representatives Day of the 163rd, Horne of the 71st and Neal of the 1st:
A BILL to be entitled an Act to amend Code Section 40-6-391, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, or while having a specified blood alcohol concentration or any amount of marijuana or a controlled substance present in the persons blood or urine, so as to delete provisions distinguishing between persons legally entitled to use marijuana and other drugs and persons not legally entitled to use marijuana and other drugs; to delete a provision providing a person legally entitled to use a drug other than alcohol is not in violation unless such person is rendered incapable of driving safely; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 287. By Representatives Crawford of the 127th, Benfield of the 85th, Ehrhart of the 36th and Lucas of the 139th:
A BILL to be entitled an Act to amend Code Section 19-7-22 of the Official Code of Georgia Annotated, relating to petition for legitimation of child, notice to mother, court order, effect, and intervention by father, so as to provide for a father to legitimate his child by establishing paternity; to provide where petitions of legitimation shall be filed and served; to address the issues of custody and visitation in a legitimation action; to provide for custody of a child during the pendency of a paternity petition; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 288. By Representatives Parsons of the 42nd, Wilkinson of the 52nd, Graves of the 137th and Wix of the 33rd:
A BILL to be entitled an Act to amend Article 8 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to orthotics and prosthetics practice, as such article was enacted by an Act approved May 16, 2002 (Ga. L. 2002, p. 1273), which Act becomes effective July 1 of the fiscal year following the year in which a specific appropriation of funds is made for purposes of implementing such article, so as to change certain provisions relating to construction of the article; to change certain provisions relating to supervision of assistants and technicians; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Regulated Industries.
HB 289. By Representatives Day of the 163rd, Neal of the 1st, Porter of the 143rd, Horne of the 71st and Talton of the 145th:
A BILL to be entitled an Act 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 authorize the State Board of Pardons and Paroles to confer the powers of law enforcement officers on certain employees of the board to allow such employees to assist law enforcement, correctional, or homeland security officers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety.
HB 290. By Representatives Rogers of the 26th, Knox of the 24th and Meadows of the 5th:
A BILL to be entitled an Act to amend Code Section 33-6-5 of the Official Code of Georgia Annotated, relating to other unfair methods of competition and unfair and deceptive acts or practices, so as to provide an exception to the requirement that major medical insurance policies or plans provide for carry-over deductibles; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 291. By Representatives Rogers of the 26th, Knox of the 24th and Meadows of the 5th:
A BILL to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to remove the requirement that managed care plans obtain certain acknowledgments; to provide for the maximum duration of certain credit life policies; to provide for a mortgagee group policy; to increase the maximum amount of coverage on an agricultural loan group policy; to provide that certain required provisions in group life insurance policies shall not apply to policies issued to a creditor to insure mortgagors; to require that certain individual and blanket accident and sickness policies insure certain dependent children of the insured up to and including age 25; to provide an exception for certain matters concerning renewability of policies; to clarify certain definitions; to clarify the applicable groups for blanket accident and sickness insurance; to provide an exception for intentional misrepresentation of material fact in applying for or procuring

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insurance as to treatment of certain statements made by a policyholder or insured person; to clarify the application of certain provisions to group and blanket accident and sickness insurance; to clarify certain provisions regarding insurance portability and renewability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 292. By Representatives Rogers of the 26th, Mills of the 25th, Reece of the 27th, Hembree of the 67th, Benton of the 31st and others:
A BILL to be entitled an Act to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to season and bag limits, promulgation of rules and regulations by the board, possession of more than bag limit, and reporting number of deer killed, so as to change certain provisions relating to closed seasons for deer; to change certain provisions relating to open seasons, bag limits, and antler restrictions for deer; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 293. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Title 50 of the O.C.G.A., relating to state government, Title 10 of the O.C.G.A., relating to commerce and trade, Title 12 of the O.C.G.A., relating to conservation and natural resources, Title 15 of the O.C.G.A., relating to courts, Title 19 of the O.C.G.A., relating to domestic relations, Title 20 of the O.C.G.A., relating to education, Title 28 of the O.C.G.A., relating to the General Assembly, Title 34 of the O.C.G.A., relating to labor and industrial relations, Title 45 of the O.C.G.A., relating to public officers and employees, Title 47 of the O.C.G.A., relating to retirement and pensions, and Title 48 of the O.C.G.A., relating to revenue and taxation, so as to create the State Accounting Office; to provide for a state accounting officer; to provide for the appointment and removal of such officer; to provide for staff and offices; to provide for duties and responsibilities of such officer; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 294. By Representatives Miller of the 106th, Benfield of the 85th, Day of the 163rd, Smith of the 129th and Mumford of the 95th:

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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 enforcement; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 295. By Representatives Millar of the 79th, Watson of the 91st, Jacobs of the 80th, Chambers of the 81st, Mitchell of the 88th and others:
A BILL to be entitled an Act to amend an Act entitled the "Unincorporated DeKalb County Community Improvement District Act of 1998," approved April 2, 1998 (Ga. L. 1998, p. 4228), as amended by an Act approved January 7, 1999 (Ga. L. 1999, p. 4805), so as to increase the number of board members on the governing body of the community improvement district authorized by such Act; to change the provisions relating to filling vacancies on the governing body of the community improvement district; to provide for appointment of an elector to fill a vacancy in certain circumstances; to provide for the term of service of such appointed members; to limit the number of appointed members serving simultaneously; to provide for a special election to fill a vacancy in certain circumstances; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 296. By Representative Willard of the 49th:
A BILL to be entitled an Act to amend Title 15 of the O.C.G.A., relating to courts, so as to authorize the Family Court Division of the Superior Court of Fulton County in the Atlanta Judicial Circuit as a pilot project of limited duration; to provide for judges and their appointment, designation, and terms; to provide for district attorneys, public defenders, a clerk, probation officers, and other employees; to authorize agreements with other courts and agencies for the assignment of personnel to such court; to authorize the Attorney General to appoint attorneys to represent the Department of Human Resources in such court; to authorize the chief judge of the Superior Court to require family court judges to complete a planned program of instruction; to provide for expenses; to provide for reports; to provide for automatic repeal; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Judiciary.
HB 297. By Representative Willard of the 49th:
A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 15 of the O.C.G.A., relating to general provisions of superior courts, so as to authorize the creation of a family court division of any superior court; to provide for judges and their appointment, designation, and terms; to provide for district attorneys, public defenders, a clerk, probation officers, and other employees; to authorize agreements with other courts and agencies for the assignment of personnel to such court; to authorize the Attorney General to appoint attorneys to represent the Department of Human Resources in such court; to authorize the chief judge of the superior court to require family court judges to complete a planned program of instruction; to provide for jurisdiction, authority, powers, and duties of the family court division; to provide for expenses; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 298. By Representatives Hembree of the 67th, Ehrhart of the 36th, Martin of the 47th and Smith of the 113th:
A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, grants, and loans, so as to allow the Georgia Higher Education Assistance Corporation and the Georgia Student Finance Authority to exercise powers possessed by private corporations performing similar functions; to increase the amount of bonds that the Georgia Student Finance Authority may issue; to provide the Georgia Student Finance Authority with collection tools to collect unpaid service cancelable loans that are in cash repayment status; to provide the Georgia Student Finance Commission with collection tools to collect unpaid HOPE scholarship and grant funds; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HB 299. By Representatives Hembree of the 67th, Ehrhart of the 36th, Martin of the 47th and Smith of the 113th:
A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to provide for certain definitions; to limit the

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number of quarter or semester hours for which HOPE scholarships may be received at public and private postsecondary institutions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HB 300. By Representatives Hembree of the 67th, Walker of the 107th and Smith of the 113th:
A BILL to be entitled an Act to amend Code Section 20-3-411 of the Official Code of Georgia Annotated, relating to definitions relating to tuition equalization grants at private colleges and universities, so as to provide that proprietary institutions shall not be eligible to receive tuition equalization grants; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HR 133. By Representatives Davis of the 109th, Burkhalter of the 50th, Stephens of the 164th, Harbin of the 118th, Forster of the 3rd and others:
A RESOLUTION urging the congressional delegation of the State of Georgia to work to abolish permanently the death tax; and for other purposes.
Referred to the Committee on Ways & Means.
HR 142. By Representatives Smith of the 131st, Smith of the 129th, Buckner of the 130th, Reece of the 11th, Crawford of the 127th and others:
A RESOLUTION requesting that the Committee on the Implementation of Textile Agreements approve the safeguard petitions filed by the United States textile industry; and for other purposes.
Referred to the Committee on Economic Development & Tourism.
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:
HB 320. By Representatives Forster of the 3rd, Knox of the 24th, Meadows of the 5th, Dodson of the 75th, Watson of the 91st and others:
A BILL to be entitled an Act to amend Title 33 of the O.C.G.A., relating to insurance, so as to create the Georgia Health Insurance Risk Pool; to provide

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alternative mechanism coverage for the availability of individual health insurance; to provide definitions; to provide for a risk pool board; to provide for powers, duties, and authority of the board; to provide for the selection of an administrator; to provide for the duties of the Commissioner of Insurance with respect to the board and pool; to provide for the establishment of rates; to provide for eligibility for and termination of coverage; to provide for minimum pool benefits; to provide for funding and assessments; to provide for complaint procedures; to provide for audits; to provide for applicability; to provide for related matters; to repeal the Georgia High Risk Health Insurance Plan; to provide effective dates; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Insurance.

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

HB 17 HB 21 HB 22 HB 23 HB 243 HB 244 HB 245 HB 246 HB 247 HB 248 HB 249 HB 250 HB 251 HB 252 HB 253

HB 254 HB 255 HB 256 HB 257 HB 258 HB 259 HB 260 HB 261 HB 262 HB 263 HB 264 HR 113 HR 132 SB 42

Representative Smith of the 168th District, 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 68 Do Pass

HB 144 Do Pass, by Substitute

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HB 88 Do Pass HB 99 Do Pass HB 143 Do Pass, by Substitute

HB 146 Do Pass SB 37 Do Pass

Respectfully submitted, /s/ Smith of the 168th
Chairman

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

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 3, 2005

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 12th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

HB 151 HB 199

Drivers' licenses; information available to insurers; extend pilot program Elections Code; corrections

Modified Open Rule

None

Modified Structured Rule

None

Structured Rule

None

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

Respectfully submitted, /s/ Ehrhart of the 36th
Chairman

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Representative Stephens of the 164th moved that the following Bill of the House be withdrawn from the Local Calendar and recommitted to the Committee on State Planning & Community Affairs - Local:
SB 37. By Senator Johnson of the 1st:
A BILL to be entitled an Act to provide for a homestead exemption from City of Richmond Hill 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 adjusted 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.
The motion prevailed.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 68. By Representatives Shaw of the 176th and Houston of the 170th:
A BILL to be entitled an Act to amend an Act incorporating the City of Ray City, approved March 17, 1960 (Ga. L. 1960, p. 2473), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4040), so as to provide for staggered, four-year terms for the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 88. By Representatives Amerson of the 9th and Reece of the 27th:
A BILL to be entitled an Act to provide a homestead exemption from Lumpkin County school district ad valorem taxes for educational purposes in the amount of $120,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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HB 99. By Representatives Smith of the 129th and Buckner of the 130th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Hamilton, approved March 10, 1964 (Ga. L. 1964, p. 2601), as amended, so as to provide for the filling of vacancies in the offices of the mayor or councilmen; 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.
HB 143. By Representative Channell of the 116th:
A BILL to be entitled an Act to provide for a homestead exemption from Greene 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.
The following Committee substitute was read and adopted:
A BILL
To provide for a homestead exemption from Greene 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of Greene County, including, but not limited to, any ad valorem taxes to pay interest on and to retire county bonded indebtedness. (2) "Base year" means the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead.

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(3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence. (b) Each resident of Greene County is granted an exemption on that persons homestead from Greene County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of the homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is added to or removed from the homestead, the base year assessed value shall be adjusted to reflect such addition or removal and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or persons agent files an application with the tax commissioner of Greene County giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The tax commissioner of Greene County shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of the county in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county or independent school district ad valorem taxes for educational purposes, or municipal ad valorem taxes for municipal purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to county ad valorem taxes for county purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2006.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Greene County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Greene County for approval or rejection. The election superintendent shall conduct that election on the third Tuesday in September, 2005, and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the

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election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Greene County. The ballot shall have written or printed thereon the words:

"( ) YES Shall the Act be approved which provides a homestead exemption from

( ) NO

Greene 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?"

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, 2006. 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

Greene County. It shall be the election superintendents duty to certify the result thereof to the Secretary of State.

SECTION 3. Except as otherwise provided in Section 2 of this Act, 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.

HB 144. By Representative Channell of the 116th:

A BILL to be entitled an Act to provide for a homestead exemption from Greene 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; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

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To provide for a homestead exemption from Greene 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; 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 educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Greene County School District, including, but not limited to, any ad valorem taxes to pay interest on and to retire county school district bonded indebtedness. (2) "Base year" means the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence. (b) Each resident of the Greene County School District is granted an exemption on that persons homestead from Greene County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of the homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is added to or removed from the homestead, the base year assessed value shall be adjusted to reflect such addition or removal and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or persons agent files an application with the tax commissioner of Greene County giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The tax commissioner of Greene County shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to

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291

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 tax commissioner of the county in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, municipal ad valorem taxes for municipal purposes, or independent school district taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to county school district ad valorem taxes for educational purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2006.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Greene County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Greene County School District for approval or rejection. The election superintendent shall conduct that election on the third Tuesday in September, 2005, 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 Greene County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides a homestead exemption from Greene County School District ad valorem taxes for educational
( ) NO 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?"
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, 2006. 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 Greene County. It shall be the election superintendents duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4.

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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.

HB 146. By Representatives Channell of the 116th, Parham of the 141st and Hudson of the 124th:

A BILL to be entitled an Act to create a board of elections and registration for Putnam County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

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 Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield E Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown
Bruce Y Bryant

Crawford Y Cummings Y Davis
Day Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Floyd, H Y Floyd, J Fludd Y Forster

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen

Y Maxwell Y May Y McCall
McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver

Y Sailor Y Scheid Y Scott, A Y Scott, M
Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner

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Y Buckner, D Buckner, G
Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter E Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Franklin Y Freeman
Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin

O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Stephens Stephenson Talton
Y Teilhet Thomas, A.M
Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bills, the ayes were 156, nays 0.

The Bills, having received the requisite constitutional majority, were passed.

Representative Buckner of the 76th 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 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 48. By Senators Smith of the 52nd, Thomas of the 54th, Mullis of the 53rd, Tolleson of the 20th and Rogers of the 21st:

A BILL to be entitled an Act to state a general intent to eliminate the future "sunset" of certain provisions relating to renal disease facilities; to provide that provisions of the Official Code of Georgia Annotated relating to renal disease facilities which were in effect and applicable on January 1, 2005, shall remain in effect and applicable until and unless changed by future Act of the General Assembly; to amend an Act amending Title 31 of the O.C.G.A., relating to health, which Act was approved April 20, 2000 (Ga. L. 2000, p. 526); to amend Code Section 31-44-3 of the O.C.G.A., so as to revise certain

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provisions relating to membership on the Renal Dialysis Advisory Council; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 51. By Senators Hamrick of the 30th, Heath of the 31st and Thomas of the 54th:

A BILL to be entitled an Act to amend Code Section 31-22-1 of the Official Code of Georgia Annotated, relating to definitions relative to clinical laboratories, so as to provide for the degree of supervision of technicians in clinical laboratories; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

SB 3.

By Senators Smith of the 52nd, Johnson of the 1st, Seabaugh of the 28th, Stephens of the 27th, Hamrick of the 30th and others:

A BILL to be entitled an Act to amend Titles 9, 24, and 51 of the O.C.G.A., relating respectively to civil practice; evidence; and torts, so as to provide for substantive and comprehensive revision of provisions regarding civil practice, evidentiary matters, and liability in tort actions in general and actions related to health care in particular; to provide for legislative findings; to change provisions relating to venue in actions with joint defendants; to change provisions relating to affidavits accompanying charges of professional malpractice; to provide for defendants access to plaintiffs health information in medical malpractice cases; to provide for offers for judgment and the effect thereof; to provide that certain statements of apology or fault by health care providers shall not be admitted as evidence in civil actions; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Special Committee on Civil Justice Reform.

The following members were recognized during the period of Morning Orders and addressed the House:

Buckner of the 130th, Williams of the 89th, Randall of the 138th, and Rynders of the 152nd.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary Non-Civil and referred to the Committee on Children & Youth:

HB 212. By Representatives Manning of the 32nd, Parsons of the 42nd, Oliver of the 83rd, Talton of the 145th, Lunsford of the 110th and others:

THURSDAY, FEBRUARY 3, 2005

295

A BILL to be entitled an Act to amend Code Section 15-11-9 of the Official Code of Georgia Annotated, relating to appointment of a guardian ad litem for a child in a proceeding in juvenile court, so as to require certain training for guardians ad litem appointed for children in deprivation cases; to provide for an effective date; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and referred to the Committee on Ways & Means:
HB 103. By Representatives Ray of the 136th, Royal of the 171st, Crawford of the 127th and Lane of the 158th:
A BILL to be entitled an Act to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to change certain provisions relating to the notice period required prior to sale under a tax execution; to change certain provisions relating to amount payable for redemption; to provide an effective date; to repeal conflicting laws; 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 151. By Representative Martin of the 47th:
A BILL to be entitled an Act to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping of records of applications for drivers licenses and information on licensees, so as to extend the pilot program to determine the revenue feasibility of supplying limited rating information to agents, insurers, and insurance support organizations; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Science and Technology moves to amend HB 151 by inserting "to provide an effective date;" after "matters;" on line 5 on page 1.
By adding the following after line 20 on page 1:
"SECTION 1.1. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."

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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 Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard
Barnes Y Bearden Y Beasley-Teague
Benfield E Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter E Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Crawford Y Cummings Y Davis Y Day
Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord
Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M
Setzler Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, 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 .

Representatives Coleman of the 144th, Loudermilk of the 14th, and Shaw of the 176th stated that they had been called from the floor of the House during the preceding roll call.

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They wished to be recorded as voting "aye" thereon.

HB 199. By Representative Willard of the 49th:

A BILL to be entitled an Act 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; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained in Title 21 of the Official Code of Georgia Annotated; to provide for other matters relating to Title 21 of the Official Code of Georgia Annotated; 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 Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard
Barnes Y Bearden Y Beasley-Teague Y Benfield E Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter E Casas Y Chambers Y Channell Y Cheokas

Crawford Y Cummings Y Davis Y Day
Dean Y Dickson Y Dodson Y Dollar Y Drenner
Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger
Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis
Lindsey Y Lord Y Loudermilk Y Lucas

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S

Y Sailor Y Scheid Y Scott, A Y Scott, M
Setzler Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard

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Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 164, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

Representative Shaw of the 176th stated that he had been called from the floor of the House during the preceding roll call. Hey wished to be recorded as voting "aye" thereon.

The following Resolutions of the House were read and adopted:

HR 143. By Representatives Richardson of the 19th, Burkhalter of the 50th, Keen of the 179th, Fleming of the 117th and Burmeister of the 119th:

A RESOLUTION recognizing February 6 as "Ronald Reagan Day" in the State of Georgia; and for other purposes.

HR 144. By Representative Williams of the 165th:

A RESOLUTION remembering and honoring the life of William Varnedoe II and expressing appreciation for his many contributions to his community; and for other purposes.

HR 145. By Representatives Rogers of the 26th, Reece of the 27th, Mills of the 25th and Benton of the 31st:

A RESOLUTION honoring the life of and expressing regret upon the passing of Henry Washington "Buddy" Wallis Jr.; and for other purposes.

HR 146. By Representatives Rogers of the 26th, Reece of the 27th, Mills of the 25th and Benton of the 31st:

A RESOLUTION remembering and honoring the life of Verla T. Smith; and for other purposes.

HR 147. By Representatives Rogers of the 26th, Reece of the 27th, Mills of the 25th and Benton of the 31st:

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299

A RESOLUTION recognizing the Gainesville High School Ladies Golf Team, winners of the 2004 Class AAA State Golf Championship, and Lauren Darnell, winner of the 2004 Individual Class AAA golf title; and for other purposes.
HR 148. By Representatives Rogers of the 26th, Reece of the 27th, Mills of the 25th and Benton of the 31st:
A RESOLUTION recognizing and commending Eric Massey; and for other purposes.
HR 149. By Representatives Rogers of the 26th, Reece of the 27th, Mills of the 25th and Benton of the 31st:
A RESOLUTION remembering and honoring the life of Joe Buffington, Jr.; and for other purposes.
HR 150. By Representatives Rogers of the 26th, Reece of the 27th, Mills of the 25th and Benton of the 31st:
A RESOLUTION recognizing the Lakeview Academy Baseball Team, winners of the 2004 Class A State Championship; and for other purposes.
HR 151. By Representatives Rogers of the 26th, Reece of the 27th, Mills of the 25th and Benton of the 31st:
A RESOLUTION recognizing and commending Coach Barbara Saunders for her outstanding contribution to education; and for other purposes.
HR 152. By Representatives Rogers of the 26th, Reece of the 27th, Mills of the 25th and Benton of the 31st:
A RESOLUTION recognizing and commending Coach Paul Gilbert for his outstanding contribution to education; and for other purposes.
HR 153. By Representatives Rogers of the 26th, Reece of the 27th, Mills of the 25th and Benton of the 31st:
A RESOLUTION remembering and honoring the life of Carl Bernhard Romberg II; and for other purposes.
HR 154. By Representatives Rogers of the 26th, Reece of the 27th, Mills of the 25th and Benton of the 31st:

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A RESOLUTION remembering and honoring the life of Ed Nix; and for other purposes.
HR 155. By Representatives Rogers of the 26th, Reece of the 27th, Mills of the 25th and Benton of the 31st:
A RESOLUTION remembering and honoring the life of Bob Bryan Cathey; and for other purposes.
HR 156. By Representatives Rogers of the 26th, Reece of the 27th, Mills of the 25th and Benton of the 31st:
A RESOLUTION remembering and honoring the life of Thomas L. "Tom" Bower II; and for other purposes.
HR 157. By Representatives Rogers of the 26th, Reece of the 27th, Mills of the 25th and Benton of the 31st:
A RESOLUTION remembering and honoring the life of Rudolph Clark; and for other purposes.
HR 158. By Representatives Rogers of the 26th, Reece of the 27th, Mills of the 25th and Benton of the 31st:
A RESOLUTION remembering and honoring the life of Nolie Joiner Smith; and for other purposes.
HR 159. By Representatives Rogers of the 26th, Reece of the 27th, Mills of the 25th and Benton of the 31st:
A RESOLUTION recognizing and commending the late Donald P. Lester and his sons, Jack and Keith Lester, of Lester's Body & Paint Shop; and for other purposes.
Representative Scott of the 153rd 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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:

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HB 184 Do Pass, by Substitute HB 217 Do Pass, by Substitute

Respectfully submitted, /s/ Scott of the 153rd
Chairman

Representative O'Neal of the 146th 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 House and has instructed me to report the same back to the House with the following recommendations:

HB 5 Do Pass HB 191 Do Pass, by Substitute HB 263 Do Pass

HB 293 Do Pass HR 63 Do Pass

Respectfully submitted, /s/ O'Neal of the 146th
Chairman

The following communication was received:

House of Representatives 332 State Capitol
Atlanta, Georgia 30334

January 22, 2005

Mrs. Robyn Underwood Legislative Fiscal Officer Room 434 State Capitol Atlanta, Georgia 30334

Dear Robyn:

Pursuant to O.C.G.A. 35-2-1 on this date, I am appointing the following member to serve on the Board of Public Safety:

Sheriff Bruce Harris 25 North Industrial Way Dallas, Georgia 30132

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Sheriff Harris will serve a term of three years. Thank you for your assistance in this matter.
Sincerely,
/s/ Glenn Richardson, Speaker Georgia House of Representatives
GR/gm
CC: cc: The Honorable Sonny Perdue, Governor of Georgia The Honorable Mark Taylor, Lt. Governor of Georgia The Honorable Cathy Cox, Secretary of State The Honorable Thurbert Baker, Attorney General Mr. Robert E. Rivers, Clerk of the House Mr. Frank Eldridge, Secretary of the Senate Mr. Sewell Brumby, Legislative Counsel Mr. Russell Hinton, State Auditor Ms. Amanda Seals Mr. Eric Kind, BROC Director Mr. Patrick Moore, Governor's Office Mr. Riley Lowry, House Information Craig Foster, House Research Office Appointed Members
The Speaker announced the House in recess until 5:00 P.M., at which time the House will stand adjourned, pursuant to the adjournment Resolution previously adopted by the House and Senate, until 1:00 P.M., Monday, February 7, 2005.

MONDAY, FEBRUARY 7, 2005

303

Representative Hall, Atlanta, Georgia

Monday, February 7, 2005

The House met pursuant to adjournment at 1:00 o'clock, P.M., this day and was called to order by the Speaker.

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

Abdul-Salaam Amerson E Anderson Ashe Bearden Beasley-Teague Benton Black Borders Bridges Brooks Bruce Bryant Buckner, D Buckner, G Burkhalter Burmeister Burns Butler Byrd Carter Casas Chambers Cheokas Coan Cole Coleman, B Cooper Cox Crawford

Cummings Davis Day Dickson Dodson Dollar Drenner E Dukes Ehrhart England Epps Fleming Floyd, J Forster Franklin Freeman Gardner Geisinger Graves, T Greene Hanner Harbin Hatfield Heard, J Heard, K E Heckstall Hembree E Henson Hill, C Hill, C.A

Holmes Holt E Horne Houston Howard E Hudson Hugley E Jackson Jacobs James Jamieson E Jennings Johnson Jones, S Jordan Keen Keown Knight Knox Lakly Lane, B Lane, R Lewis Lindsey Lord Loudermilk Lunsford Maddox Manning

Martin May E McCall Meadows Millar Miller Mills Mitchell Morgan Mosby Mosley Mumford Murphy, J Murphy, Q Neal Oliver O'Neal Parham Parsons Porter Powell Ralston Randall Reece, B E Reece, S Reese Rice Roberts Rogers

Royal Rynders Scheid Scott, A Scott, M Setzler Shaw Sheldon Sims, F Sinkfield Smith, L Smith, P Smith, R Smith, T Smith, V Talton Teilhet Thomas, A.M E Thomas, B Tumlin Warren Watson Wilkinson Willard Williams, A Williams, E Williams, R Yates Richardson, Speaker

The following members were off the floor of the House when the roll was called:

Representatives Barnard of the 166th, Barnes of the 78th, Beasley-Teague of the 65th, Benfield of the 85th, Bordeaux of the 162nd, Brown of the 69th, Channell of the 116th, Coleman of the 144th, Dean of the 59th, Floyd of the 99th, Fludd of the 66th, Golick of the 34th, Graves of the 137th, Jenkins of the 8th, Jones of the 46th, Kidd of the 115th, Lucas of the 139th, Mangham of the 94th, Marin of the 96th, Maxwell of the 17th, McClinton of the 84th, Morris of the 155th, Orrock of the 58th, Parrish of the 156th, Ray of the 136th, Sailor of the 93rd, Sims of the 169th, Smith of the 113th, Smyre of the

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132nd, Stanley-Turner of the 53rd, Stephens of the 164th, Stephenson of the 92nd, Walker of the 107th, and Wix of the 33rd.
They wish to be recorded as present.
Prayer was offered by Mother Mandy Brady, Minister in Charge, Emmanuel Episcopal Church, Athens, Georgia.
The members pledged allegiance to the flag.
Representative Heard of the 104th, Chairman of the Committee on Information and Audits, 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 were introduced, read the first time and referred to the Committees:
HB 301. By Representatives Warren of the 122nd, Harbin of the 118th and Jenkins of the 8th:
A BILL to be entitled an Act to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to 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

MONDAY, FEBRUARY 7, 2005

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noodling, or by hand under certain conditions; to provide penalties for violations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 302. By Representative Scott of the 2nd:
A BILL to be entitled an Act to provide a homestead exemption from Dade County school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 303. By Representatives Jamieson of the 28th, Shaw of the 176th, Neal of the 1st, Buckner of the 130th, Black of the 174th and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to provide for requirements with respect to the provision of cellular telephone service; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Utilities & Telecommunications.
HB 304. By Representatives Burmeister of the 119th, Yates of the 73rd, Shaw of the 176th, Cummings of the 16th and Rice of the 51st:
A BILL to be entitled an Act 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 change the provisions relating to the imposition and determination of the amount of certain regulatory fees by local governments; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 305. By Representatives Houston of the 170th, Royal of the 171st and Shaw of the 176th:

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A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide that the General Assembly by local law may provide for the nonpartisan election of clerks of the superior court, sheriffs, tax receivers, tax collectors, tax commissioners, coroners, and county commissioners; to provide for the qualifying for such offices; 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.
HB 306. By Representatives Rice of the 51st, Ehrhart of the 36th and Burkhalter of the 50th:
A BILL to be entitled an Act to amend Code Section 48-8-63 of the Official Code of Georgia Annotated, relating to payment of sales and use tax by contractors, so as to change certain provisions regarding payment of use tax with respect to certain tangible personal property; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 307. By Representatives Rogers of the 26th and Ralston of the 7th:
A BILL to be entitled an Act to amend Code Section 8-2-40 of the Official Code of Georgia Annotated, relating to the effect of a claimants acceptance of a settlement in relation to a construction defect claim, so as to provide that a contractors fulfillment of an offer for settlement or repair does not create insurance coverage or affect the parties rights under a contractors liability policy; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 308. By Representatives Powell of the 29th, Rice of the 51st, Millar of the 79th, Smith of the 129th and Dodson of the 75th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate promoting Childrens Healthcare of Atlanta; to provide for issuance, renewal, fees, licensing agreements, applications, donation of revenue, and transfers relative to such special license plates; to provide for related matters; to provide for a contingent effective date; to provide for

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automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 309. By Representatives Forster of the 3rd, Rynders of the 152nd, Cooper of the 41st, Hembree of the 67th, Burmeister of the 119th and others:
A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, Code Section 44-5-150 of the Official Code of Georgia Annotated, relating to the duties of the Advisory Board on Anatomical Gift Procurement, and Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to correct the names of committees of the General Assembly; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 310. By Representatives Rogers of the 26th and Knox of the 24th:
A BILL to be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to enact the "Georgia Telemedicine Act"; to provide for a short title; to provide for definitions; to provide for legislative intent; to provide that no health insurance policy shall require face-to-face contact between a health care provider and a patient as a condition for payment for services; to provide for conditions, exceptions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 311. By Representative Powell of the 29th:
A BILL to be entitled an Act to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees Retirement System of Georgia, so as to provide that any member of such retirement system who was, immediately before becoming a member, employed by a county correctional facility may obtain creditable service for such prior service; to provide for application and payment of contributions; to provide limitations; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Retirement.
HB 312. By Representatives Freeman of the 140th, May of the 111th, Roberts of the 154th, Golick of the 34th, Smith of the 129th and others:
A BILL to be entitled an Act to amend Title 50 of the O.C.G.A., relating to state government, and Title 45 of the O.C.G.A., relating to public officers and employees, so as to provide for the substantial revision and transfer of certain powers, duties, and authority of the Department of Administrative Services, the Georgia Technology Authority, the Office of Planning and Budget, the Board of Regents of the University System of Georgia, the Department of Agriculture, the Department of Veterans Service, and the state accounting officer; to change certain provisions regarding the establishment, powers, purchasing authority, procedures, and limitations and vendor qualification of the Georgia Technology Authority; to change certain provisions regarding powers, purchasing personnel, competitive bidding, emergency purchasing, and prohibited practices with respect to the Department of Administrative Services; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Rules.
HB 313. By Representative Porter of the 143rd:
A BILL to be entitled an Act to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Teachers Retirement System of Georgia, so as to provide that members of such retirement system may obtain creditable service for prior service in public schools; to provide for conditions; to provide for the payment of employer and employee contributions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 314. By Representative Porter of the 143rd:
A BILL to be entitled an Act to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to provide for a postretirement benefit increase for certain retired members; to provide for a recalculation of creditable service; to provide for an allocation of benefit increases; to provide that active members of such retirement system may obtain creditable service for prior service in

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public schools; to provide for conditions; to provide for the payment of employer and employee contributions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 315. By Representatives Porter of the 143rd, Hugley of the 133rd and Orrock of the 58th:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to allow the state-wide homestead exemption for disabled veterans to be received by surviving spouses who remarry; to provide for applicability; to provide for a referendum; to provide for automatic repeal under certain circumstances; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 316. By Representatives Porter of the 143rd, Oliver of the 83rd, Brooks of the 63rd and Watson of the 91st:
A BILL to be entitled an Act to amend Code Section 17-12-27 of the Official Code of Georgia Annotated, relating to the appointment of assistant public defenders, so as to provide for an assistant public defender for the juvenile division within each circuit public defender office; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 317. By Representatives Gardner of the 57th, Ashe of the 56th, Orrock of the 58th and Sinkfield of the 60th:
A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to hospital care for nonresident indigents, so as to provide further legislative findings; to provide for alternative procedures and sources of funding for reimbursing hospitals; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
HB 318. By Representatives Graves of the 137th and Burkhalter of the 50th:

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A BILL to be entitled an Act to amend Chapter 4B of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Athletic and Entertainment Commission and ticket brokers, so as to change the definition of a ticket broker; to change the provisions relating to requirements for engaging in the practice or business of a ticket broker; to change the provisions relating to ticket sales, disclosure requirements, resale restrictions, and refunds; to provide that a ticket broker and its employees, agents, and assigns are criminally prohibited from reselling or offering for resale any ticket within a certain distance from the venue where an event or contest is to be held or is being held; to change the provisions relating to advertising; to repeal certain provisions relating to county and municipal ordinances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 319. By Representatives Bridges of the 10th, Golick of the 34th, Cummings of the 16th and Coleman of the 97th:
A BILL to be entitled an Act to amend Code Section 47-20-84 of the Official Code of Georgia Annotated, relating to large retirement systems, so as to provide that such retirement systems may invest in certain types of securities; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 321. By Representatives Manning of the 32nd, Ehrhart of the 36th, Cooper of the 41st, Tumlin of the 38th, Johnson of the 37th and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4373), so as to change the provisions relating to the corporate limits of the city; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 322. By Representatives Benfield of the 85th, Wilkinson of the 52nd, Parham of the 141st, Howard of the 121st, Henson of the 87th and others:
A BILL to be entitled an Act to amend Code Section 40-5-24 of the Official Code of Georgia Annotated, relating to instruction permits, graduated licensing and related restrictions, and temporary licenses, so as to prohibit holders of instruction permits and class D licenses from operating a motor

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vehicle while using a mobile telephone; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 323. By Representatives Day of the 163rd, Neal of the 1st, Horne of the 71st, Hanner of the 148th and Stephens of the 164th:
A BILL to be entitled an Act to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to provide that engaging in specified businesses shall be a violation of a sheriffs oath of office; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 324. By Representatives Day of the 163rd, Neal of the 1st, Jamieson of the 28th, Horne of the 71st and Stephens of the 164th:
A BILL to be entitled an Act to amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to use of radar speed detection devices, so as to provide that only certain full-time peace officers can operate speed detection devices; to remove certain evidentiary restrictions; to regulate the use of speed detection devices in proximity to certain speed reduction areas or highway grades exceeding 7 percent; to prohibit certain use of speed detection on interstate highways; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 325. By Representatives Miller of the 106th, Mumford of the 95th, Powell of the 29th, Hatfield of the 177th and Morgan of the 39th:
A BILL to be entitled an Act to amend Code Section 15-11-28 of the Official Code of Georgia Annotated, relating to jurisdiction of juvenile court, so as to change provisions relating to superior court transferring certain cases under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 326. By Representatives Morgan of the 39th, Brooks of the 63rd, Teilhet of the 40th, Watson of the 91st, Thomas of the 55th and others:

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A BILL to be entitled an Act to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to provide that the Georgia Bureau of Investigation shall investigate any death of a person confined in a jail, correctional institution, or prison upon request of the appropriate authority; to provide for exceptions; to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide that it is the duty of the appropriate official to request an investigation of the death of any person confined in the penal institution from the Georgia Bureau of Investigation or from a local law enforcement authority not connected with the penal institution; to provide for exceptions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 327. By Representatives Coan of the 101st, Fleming of the 117th, Carter of the 159th, Williams of the 4th, Teilhet of the 40th and others:
A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers compensation, so as to authorize the State Board of Workers Compensation to issue rules relating to the electronic submission and transmission of documents; to provide for schedule of hearings relating to determination of noncatastrophic injury status; to change a provision relating to the designation process for a catastrophic injury by creating a rebuttable presumption; to change the compensation for temporary total disability; to change the compensation for temporary partial disability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 328. By Representatives Smith of the 168th, Hill of the 180th, Lane of the 167th, Williams of the 165th, Jackson of the 161st and others:
A BILL to be entitled an Act to amend Part 2 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to crabs, so as to change certain provisions relating to use of crab traps, identification of boats or vessels, and authorization for closure of salt waters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 329. By Representatives Lindsey of the 54th, Willard of the 49th, Ralston of the 7th, Mumford of the 95th, Miller of the 106th and others:

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A BILL to be entitled an Act to amend Article 1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for damages in tort actions, so as to limit noneconomic damages in certain actions relating to medical negligence; to provide for definitions; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Committee on Civil Justice Reform.
HB 330. By Representatives Gardner of the 57th, Harbin of the 118th, Morgan of the 39th, Drenner of the 86th, Hugley of the 133rd and others:
A BILL to be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for definitions; to provide for the establishment of a task force to study the consumer protection provisions in the Georgia Insurance Code; to provide for the study of the impact of health insurance mandates; to provide for the membership and appointment of members of such task force; to provide for reports and recommendations from such task force; to provide for the dissolution of the task force; to require that any new mandated health care benefits be studied by the task force prior to being acted upon by the General Assembly; to provide for applicability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 331. By Representatives Gardner of the 57th, Ashe of the 56th and Orrock of the 58th:
A BILL to be entitled an Act to amend Article 5 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to prescription drugs, so as to provide for legislative intent; to provide that every retail pharmacist shall include the total pharmacy reimbursement for an outpatient prescription drug on the receipt for the prescription drug; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 332. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Stephens County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as

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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.
HB 333. By Representatives Mumford of the 95th, Ralston of the 7th and Mangham of the 94th:
A BILL To be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to update certain provisions relating to juvenile proceedings; to change certain provisions relating to disposition of a deprived child; to change certain provisions regarding reunification efforts; to change certain provisions regarding child placement following termination orders; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 334. By Representatives Mumford of the 95th, Ralston of the 7th and Mangham of the 94th:
A BILL to be entitled an Act to amend Code Section 15-11-18 of the Official Code of Georgia Annotated, relating to creation of juvenile courts, terms and compensation of judges, state grants for judicial salaries, qualifications, presiding judge, practice of law, and actions by judges including administration and expenditures, so as to provide for judicial salary supplements under certain circumstances; to provide for related matters; to provide for effective dates; to provide for an automatic repealer; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 335. By Representatives Mumford of the 95th, Ralston of the 7th, Miller of the 106th and Mangham of the 94th:
A BILL to be entitled an Act 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.
Referred to the Committee on Judiciary Non-Civil.

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HB 336. By Representative Mumford of the 95th:
A BILL to be entitled an Act to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees Retirement System of Georgia, so as to provide that a member of such retirement system may obtain creditable service for prior service as an active member of the Georgia Judicial Retirement System or a predecessor retirement system; to provide for notice and the transfer or payment of funds; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HR 160. By Representatives Holmes of the 61st, Sinkfield of the 60th, Bruce of the 64th, Mitchell of the 88th and Ashe of the 56th:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to require local boards of education to reimburse the appropriate governing authority for expenses of certain elections for purposes of the board of education if such elections are not held at the same time as elections for purposes of the governing authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Governmental Affairs.
HR 161. By Representatives Morgan of the 39th, Brooks of the 63rd, Talton of the 145th, Teilhet of the 40th, Barnard of the 166th and others:
A RESOLUTION urging independent investigations for deaths of persons confined in jails or correctional institutions; and for other purposes.
Referred to the Committee on State Institutions & Property.
HR 162. By Representatives Lindsey of the 54th, Keen of the 179th, Cooper of the 41st, Wilkinson of the 52nd, Coan of the 101st and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide for limitations upon the rate of increase of the value of homestead property; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Ways & Means.

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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:

HB 340. By Representatives Hembree of the 67th, Richardson of the 19th, Smith of the 113th, Smith of the 129th, Royal of the 171st and others:

A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required, so as to provide that records maintained by public postsecondary educational institutions in this state and associated foundations of such institutions that contain personal information concerning donors or potential donors to such institutions or foundations shall not be subject to disclosure; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Higher Education.

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

HB 265 HB 266 HB 267 HB 268 HB 269 HB 270 HB 271 HB 272 HB 273 HB 274 HB 275 HB 276 HB 277 HB 278 HB 279 HB 280 HB 281 HB 282 HB 283 HB 284

HB 285 HB 286 HB 287 HB 288 HB 289 HB 290 HB 291 HB 292 HB 293 HB 294 HB 295 HB 296 HB 297 HB 298 HB 299 HB 300 HB 320 HR 133 HR 142 SB 3

Representative Harbin of the 118th District, Chairman of the Committee on Appropriations, submitted the following report:

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317

Mr. Speaker:

Your Committee on Appropriations 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 84 Do Pass, by Substitute

Respectfully submitted, /s/ Harbin of the 118th
Chairman

Representative Fleming of the 117th District, Chairman of the Special Committee on Civil Justice Reform, submitted the following report:

Mr. Speaker:

Your Special Committee on Civil Justice Reform 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 3 Do Pass, by Substitute

Respectfully submitted, /s/ Fleming of the 117th
Chairman

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

HOUSE RULES CALENDAR MONDAY, FEBRUARY 7, 2005

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 13th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

HB 67

Unmarried persons; certain benefits; neutrality of state and local laws

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Modified Open Rule

None

Modified Structured Rule

None

Structured Rule

None

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

Respectfully submitted, /s/ Ehrhart of the 36th
Chairman

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 House:

HR 124. By Representative Cheokas of the 134th:

A RESOLUTION recognizing Coach Melvin T. Kinslow on his 70th birthday; and for other purposes.

HR 134. By Representatives Ashe of the 56th, Benfield of the 85th, Porter of the 143rd, Smith of the 70th, Jones of the 44th and others:

A RESOLUTION commending the Womens Sports Foundation and the Atlanta Womens Foundation; and for other purposes.

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

SB 48.

By Senators Smith of the 52nd, Thomas of the 54th, Mullis of the 53rd, Tolleson of the 20th and Rogers of the 21st:

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A BILL to be entitled an Act to state a general intent to eliminate the future "sunset" of certain provisions relating to renal disease facilities; to provide that provisions of the Official Code of Georgia Annotated relating to renal disease facilities which were in effect and applicable on January 1, 2005, shall remain in effect and applicable until and unless changed by future Act of the General Assembly; to amend an Act amending Title 31 of the O.C.G.A., relating to health, which Act was approved April 20, 2000 (Ga. L. 2000, p. 526); to amend Code Section 31-44-3 of the O.C.G.A., so as to revise certain provisions relating to membership on the Renal Dialysis Advisory Council; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
SB 51. By Senators Hamrick of the 30th, Heath of the 31st and Thomas of the 54th:
A BILL to be entitled an Act to amend Code Section 31-22-1 of the Official Code of Georgia Annotated, relating to definitions relative to clinical laboratories, so as to provide for the degree of supervision of technicians in clinical laboratories; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
The following members were recognized during the period of Morning Orders and addressed the House:
Gardner of the 57th, Williams of the 89th, Rynders of the 152nd, and Bordeaux of the 162nd.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 163. By Representative Walker of the 107th:
A RESOLUTION recognizing and commending Meredith White, Junior Miss Atlanta Christian, and inviting her to appear before the House of Representatives; and for other purposes.
HR 164. By Representatives Rogers of the 26th, Harbin of the 118th, Keen of the 179th, Burkhalter of the 50th and Lane of the 158th:

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A RESOLUTION commending the Georgia Recreation and Parks Association and inviting representatives of the association 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 111. By Representatives Reece of the 11th, Smith of the 13th, Cummings of the 16th, Loudermilk of the 14th and Coleman of the 97th:
A RESOLUTION recognizing and commending Coosa High School, winners of the 2004 AA Governor's Cup and inviting its students, teachers, and administrators to appear before the House of Representatives; and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and referred to the Committee on Ways & Means:
HB 40. By Representatives Holmes of the 61st, Brooks of the 63rd, Thomas of the 55th, Bruce of the 64th, Dean of the 59th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to require the purchaser of property at a tax sale to make a quitclaim deed to the defendant in fi. fa. within 15 days after the property is redeemed; to require certain purchasers of property at tax sales to have reasonably accessible offices within the county in which the property is purchased; to provide for criminal penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary Non-Civil and referred to the Committee on Public Safety:
HB 294. By Representatives Miller of the 106th, Benfield of the 85th, Day of the 163rd, Smith of the 129th and Mumford of the 95th:
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 enforcement; to provide for related matters; to repeal conflicting laws; and for other purposes.

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321

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 67. By Representatives Ehrhart of the 36th, Willard of the 49th, Martin of the 47th, Jennings of the 82nd, Lunsford of the 110th and others:

A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to state government in general, so as to provide for neutrality of state law with respect to freedom of decision to provide or not provide certain benefits to unmarried persons; to provide that state and local government entities shall comply with such policy of neutrality; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

N Abdul-Salaam Y Amerson E Anderson N Ashe Y Barnard Y Barnes Y Bearden N Beasley-Teague N Benfield Y Benton Y Black N Bordeaux
Borders Y Bridges N Brooks Y Brown N Bruce N Bryant Y Buckner, D
Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day N Dean Y Dickson Y Dodson Y Dollar N Drenner E Dukes Y Ehrhart Y England
Epps Y Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A

N Holmes Y Holt E Horne Y Houston N Howard E Hudson N Hugley N Jackson N Jacobs N James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown N Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox
Mangham Y Manning
Marin Y Martin

Y Maxwell Y May E McCall N McClinton Y Meadows Y Millar Y Miller Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston N Randall Y Ray Y Reece, B E Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

N Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V
Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton Y Teilhet N Thomas, A.M E Thomas, B Y Tumlin Y Walker Y Warren N Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

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On the passage of the Bill, the ayes were 124, nays 39.
The Bill, having received the requisite constitutional majority, was passed.
Due to a mechanical malfunction, the vote of Representative Marin of the 96th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representative Mangham of the 94th 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 Ehrhart of the 36th assumed the chair.
The following Resolution of the House was read and adopted:
HR 165. By Representatives Keen of the 179th and Porter of the 143rd
A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the honorable Chief Justice of the Supreme Court is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., Wednesday, February 9, 2005, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from the Chief Justice.
BE IT FURTHER RESOLVED that each other Justice of the Supreme Court and each Judge of the Court of Appeals is hereby invited to the hall of the House of Representatives for the purpose of hearing the address from the Chief Justice.
BE IT FURTHER RESOLVED that the Clerk of the House is authorized and directed to transmit appropriate copies of this resolution to the Chief Justice, to each other Justice of the Supreme Court, and to each Judge of the Court of Appeals.
The following Resolution of the House, referred to the House Rules Subcommittee on Invites, was reported by the Committee on Rules with the following recommendation:

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HR 81 Do Pass
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 62. By Representatives McCall of the 30th, Crawford of the 127th, Ray of the 136th, Lane of the 158th and Roberts of the 154th:
A RESOLUTION recognizing and commending the Georgia Farm Bureau Federation and inviting its president to appear before the House of Representatives; and for other purposes.
HR 69. By Representatives Benfield of the 85th, Ashe of the 56th and Jennings of the 82nd:
A RESOLUTION recognizing February 9, 2005, as "Girls and Women in Sports Day" and commending and inviting Georgias outstanding female athletes to appear before the House of Representatives; and for other purposes.
HR 81. By Representatives Watson of the 91st, Stephenson of the 92nd, Benfield of the 85th, Mosby of the 90th, Mangham of the 94th and others:
A RESOLUTION recognizing and honoring John Evans; and for other purposes.
Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
Representative Ehrhart of the 36th announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Tuesday, February 8, 2005

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:

Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black
Bordeaux Y Borders Y Bridges Y Brooks Y Brown
Bruce Y Bryant Y Buckner, D
Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers
Channell Y Cheokas Y Coan Y Cole Y Coleman, B E Coleman, T
Cooper Y Cox

Crawford Y Cummings Y Davis Y Day
Dean Y Dickson Y Dodson
Dollar Drenner E Dukes Y Ehrhart Y England Y Epps Y Fleming Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Golick Y Graves, D Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J E Heard, K E Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S
Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly
Lane, B Y Lane, R Y Lewis
Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham Y Manning
Marin Martin

Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan
Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal
Orrock Y Parham
Parrish Y Parsons Y Porter Y Powell Y Ralston
Randall Y Ray Y Reece, B E Reece, S Y Reese Y Rice Y Roberts
Rogers Y Royal Y Rynders

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler E Shaw Y Sheldon
Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V
Smyre Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Walker Y Warren Y Watson Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Wix Y Yates Y Richardson, Speaker

The following members were off the floor of the House when the roll was called:

Representatives Beasley-Teague of the 65th, Bordeaux of the 162nd, Bruce of the 64th, Channell of the 116th, Cooper of the 41st, Crawford of the 127th, Dean of the 59th,

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Dollar of the 45th, Drenner of the 86th, Floyd of the 99th, Fludd of the 66th, Golick of the 34th, Graves of the 12th, Henson of the 87th, Jackson of the 161st, Jordan of the 77th, Lane of the 158th, Lindsey of the 54th, Lucas of the 139th, Marin of the 96th, Martin of the 47th, Morris of the 155th, Parrish of the 156th, Randall of the 138th, Sailor of the 93rd, Sims of the 169th, Sinkfield of the 60th, Smyre of the 132nd, Stanley-Turner of the 53rd, Walker of the 107th, Wilkinson of the 52nd, Willard of the 49th, and Wix of the 33rd.
They wish to be recorded as present.
Prayer was offered by Bishop Eddie L. Long, Senior Pastor, New Birth Missionary Baptist Church, Lithonia, Georgia.
The members pledged allegiance to the flag.
Representative Heard of the 104th, Chairman of the Committee on Information and Audits, 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 were introduced, read the first time and referred to the Committees:
HB 337. By Representative Walker of the 107th:

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A BILL to be entitled an Act to amend Article 2 of Chapter 15 of Title 34 of the O.C.G.A., relating to vending facilities on state property, so as to revise and add definitions; to change certain provisions relating to the declaration of public policy of the article; to change certain provisions relating to operation of vending facilities on state property and preference for licensed disabled persons; to provide for a priority for vending services for blind persons and other persons with disabilities who are licensed by the Department of Labor; to provide for a priority for cafeteria services for blind persons and other persons with disabilities who are licensed by the Department of Labor; to provide for the resolution of disputes between the department and an agency controlling vending facilities space; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Human Relations & Aging.
HB 338. By Representatives Warren of the 122nd, Jenkins of the 8th, Burns of the 157th, Williams of the 165th, Mosley of the 178th and others:
A BILL to be entitled an Act to amend Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, so as to change certain provisions relating to primitive weapons; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 339. By Representative Hatfield of the 177th:
A BILL to be entitled an Act to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to limit medical damages in actions relating to health care in instances where the defendant maintains medical liability insurance; to change provisions relating to agency liability of medical facilities; to change provisions relating to apportionment of award according to degree of fault; to create provisions relating to apportioning damages in certain malpractice actions; to provide for related matters; to provide for a penalty for bad faith failure to settle a claim; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Committee on Civil Justice Reform.
HB 341. By Representatives Burkhalter of the 50th, Keen of the 179th and Harbin of the 118th:

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A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide for the tax treatment of certain airline industry transactions; to provide for a partial exemption under certain circumstances of jet fuel sold to certain qualifying airlines and provide for the manner of collection of tax with respect to nonexempt sales; to provide that jet fuel sold to certain qualifying airlines shall be exempt from certain local sales and use taxes under certain circumstances; to provide that certain sales of food and beverages for consumption by airline passengers and crew shall be exempt from taxation under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 342. By Representatives Yates of the 73rd, Crawford of the 127th, Lunsford of the 110th and Knight of the 126th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates for motor vehicles, so as to provide for special license plates commemorating the Benevolent and Protective Order of Elks; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such license plates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 343. By Representatives Borders of the 175th, Black of the 174th, Shaw of the 176th and Houston of the 170th:
A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the Valdosta State Universitys Peach State Summer Theatre as Georgias Official Musical Theatre; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HB 344. By Representative Cummings of the 16th:
A BILL to be entitled an Act to amend Code Section 47-7-101 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits under the Georgia Firefighters Pension Fund, withdrawal of application for

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benefits before approval, and reemployment, so as to provide that the benefits of a firefighter who returns to service after retirement may exceed his or her previous benefit after he or she has acquired one years service after such reemployment; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 345. By Representatives Scott of the 153rd, Black of the 174th, Roberts of the 154th, Floyd of the 147th, Royal of the 171st and others:
A BILL to be entitled an Act to amend Code Section 27-3-9 of the Official Code of Georgia Annotated, relating to the unlawful enticement of game, so as to provide that it shall not be unlawful to hunt within the vicinity of bait feeds on private lands or leased public lands; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 346. By Representatives Barnard of the 166th, Keen of the 179th, Harbin of the 118th, Stephens of the 164th, Graves of the 137th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Lottery for Education, so as to provide for methods of payment of lottery tickets; to authorize the establishment of a financial account; to provide for the deposit of funds into individual accounts by members of the public; to provide for methods of deposit; to provide that no funds deposited shall be refunded; to provide for abandoned accounts; to authorize and direct the board of trustees to devise a method pursuant to which a person who is eligible to purchase a Georgia lottery ticket may purchase a share in a lottery game by means of a public or private computer terminal or other electronic means; to provide for periodic progress reports; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 347. By Representatives Ralston of the 7th and Bearden of the 68th:
A BILL to be entitled an Act to amend Code Section 35-3-154.1 of the Official Code of Georgia Annotated, relating to admission of reports from state crime laboratory, so as to make such Code section applicable to certain

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private laboratories under contract to the state crime laboratory; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 348. By Representatives Brooks of the 63rd and Cummings of the 16th:
A BILL to be entitled an Act to amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers Annuity and Benefit Fund, so as to change the composition of the board of commissioners of such fund; to provide for creditable service for certain prior service; to provide for an employees contribution; to provide for application and conditions; to provide for funding; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 349. By Representatives Dodson of the 75th, Mitchell of the 88th, Barnes of the 78th and Stephens of the 164th:
A BILL to be entitled an Act to amend Code Section 15-16-26 of the Official Code of Georgia Annotated, relating to investigation of charges against a sheriff and suspension of a sheriff, so as to change the maximum period of time for a suspension and an extension of a suspension; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 350. By Representatives Dodson of the 75th, Barnes of the 78th and Porter of the 143rd:
A BILL to be entitled an Act to amend Article 4 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians assistants, so as to provide that a physicians assistant can provide services to disadvantaged patients at no cost under a temporary practice agreement; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 351. By Representatives Stephens of the 164th, O`Neal of the 146th, Royal of the 171st, Day of the 163rd, Lewis of the 15th and others:

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A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, collection, and assessment of sales and use taxes, so as to change certain provisions regarding imposition and collection of such tax; to change certain provisions regarding burden of proof regarding sales; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 352. By Representatives Williams of the 165th, Stephens of the 164th, Hill of the 180th, Carter of the 159th and Day of the 163rd:
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 revise the "Sewage Holding Tank Act"; to regulate removal, transport, and disposal of sewage from septic tanks and sewage holding tanks; to provide for rules and regulations; to provide for enforcement; to provide penalties for violations; to provide for local ordinances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 353. By Representatives Dodson of the 75th, Jamieson of the 28th, Barnes of the 78th and Rogers of the 26th:
A BILL to be entitled an Act to amend Title 43 of the O.C.G.A., relating to professions and businesses, so as to provide legal recognition to the professions of industrial hygiene, health physics, and safety; to provide a short title; to provide for a statement of purpose; to provide for definitions; to prohibit certain actions and conduct by individuals and entities; to regulate the use of certain terms and titles; to provide that no business entity shall identify, advertise, or represent itself as a provider of certain services unless they meet certain requirements; to provide that certain conduct shall be an unfair business practice; to provide for penalties; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 354. By Representative Cummings of the 16th:
A BILL to be entitled an Act to amend Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Investment Authority Law," so as to provide that any investment limitation

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based upon the amount of the funds assets shall relate to such assets on the basis of current market value; to provide that in determining the percentage of large retirement system assets that may be invested in foreign corporations and in equities, the retirement system assets shall be determined on the basis of current market value; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 355. By Representative Cummings of the 16th:
A BILL to be entitled an Act to amend Chapter 7A of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Class Nine Fire Department Pension Fund, so as to change references to the secretarytreasurer of the fund to read executive director of the fund; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 356. By Representative Benton of the 31st:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Commerce, approved April 4, 1991 (Ga. L. 1991, p. 4042), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3926), so as to authorize the board of education to set the millage rate for the school districts property tax; 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.
HB 357. By Representative Cummings of the 16th:
A BILL to be entitled an Act to amend Chapter 7A of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Class Nine Fire Department Pension Fund, so as to increase the maximum monthly retirement benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 358. By Representatives Stephens of the 164th, Carter of the 159th, Parrish of the 156th, Graves of the 137th, Channell of the 116th and others:

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A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to provide that any contract between the Department of Community Health and a care management organization require refund of prescription drug rebates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 359. By Representatives Drenner of the 86th, Benfield of the 85th, Gardner of the 57th, Morgan of the 39th, Bruce of the 64th and others:
A BILL to be entitled an Act to provide a short title; to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," so as to provide that the ballot or other materials at the voting booth shall allow the voter to view all sections of a proposed constitutional amendment at the time that he or she votes; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Rules.
HB 360. By Representative Stephens of the 164th:
A BILL to be entitled an Act to provide a new charter for the City of Richmond Hill; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for 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 other matters relative to the foregoing; to repeal specific Acts; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 361. By Representatives Smith of the 13th, Coleman of the 144th, Royal of the 171st, Jamieson of the 28th, Floyd of the 147th and others:
A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, and Title 48 of

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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.
Referred to the Committee on Ways & Means.
HB 362. By Representatives Mosley of the 178th, Lane of the 167th and Smith of the 168th:
A BILL to be entitled an Act to amend Part 7 of Article 8 of Chapter 2 of Title 47 of the O.C.G.A., relating to membership of superior court judges, district attorneys, assistant district attorneys, and employees of the Prosecuting Attorneys Council in the Employees Retirement System of Georgia, so as to define certain terms; to provide that county paid assistant district attorneys and county paid assistant public defenders employed on or after July 1, 2006, shall become members of such retirement system; to provide that persons so employed on June 30, 2006, and who are not members of a local retirement system shall become members of such retirement system and may obtain creditable service for certain prior service; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 363. By Representatives Murphy of the 23rd, Rice of the 51st and Powell of the 29th:
A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to change the requirements regarding replating of private and governmental motor vehicles; to increase the license fee on governmental vehicles; to provide for disposition of the license fee on governmental vehicles; to remove the provisions regarding five-year license plates on governmental vehicles; to change the requirements as to destruction of tags from governmental vehicles; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Motor Vehicles.
HB 364. By Representatives Williams of the 4th, Royal of the 171st, Scott of the 2nd, Forster of the 3rd, Loudermilk of the 14th and others:
A BILL to be entitled an Act to amend Code Section 40-3-20 of the Official Code of Georgia Annotated, relating to applications for certificates of title for motor vehicles, so as to require proof of the payment of the sales and use tax as a precondition to titling certain motor vehicles; to provide for the collection of the tax; to provide for compensation for tag agents; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 365. By Representatives Drenner of the 86th, Benfield of the 85th, Mosby of the 90th, Bruce of the 64th, Morgan of the 39th and others:
A BILL to be entitled an Act to amend Code Section 45-5-1 of the Official Code of Georgia Annotated, relating to vacating state offices, so as to designate a short title; to add a provision mandating that any official that changes political party affiliation within 60 days of election or assuming the duties of the office will be deemed to have vacated the office; 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.
HB 366. By Representatives Murphy of the 23rd, Knox of the 24th, Amerson of the 9th, Hill of the 21st, Byrd of the 20th and others:
A BILL to be entitled an Act to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense for indigents, so as to allow alternative delivery systems to opt out from having a public defender system under certain circumstances; to correct cross-references; to amend Code Section 15-21-77 of the Official Code of Georgia Annotated, relating to collections to be appropriated for indigent defense, to correct a crossreference; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 367. By Representatives Rice of the 51st and Parham of the 141st:

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A BILL to be entitled an Act to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to licensing of driver training and commercial driver training schools, so as to provide definitions; to provide exceptions from these provisions; to regulate licensing of schools; to provide for insurance and bonds for school operators; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 368. By Representatives Mitchell of the 88th, Geisinger of the 48th, Lindsey of the 54th, Dean of the 59th, Barnes of the 78th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to the authority of counties to buy property sold under tax executions, so as to prohibit county tax commissioners from purchasing property offered for sale under tax executions or tax foreclosure proceedings; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 369. By Representatives Hembree of the 67th, Franklin of the 43rd, Lane of the 158th, Day of the 163rd, Rogers of the 26th and others:
A BILL to be entitled an Act to amend Part 2 of Article 13 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to motorcycles, so as to exempt certain persons from the provisions requiring operators or riders to use protective headgear; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety.
HB 370. By Representatives Kidd of the 115th, Jacobs of the 80th, Bordeaux of the 162nd, Smith of the 113th, England of the 108th and others:
A BILL to be entitled an Act to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem taxation, so as to provide for an exemption for certain charitable institutions; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Ways & Means.
HB 371. By Representatives Franklin of the 43rd, Ehrhart of the 36th, Knox of the 24th and Scott of the 2nd:
A BILL to be entitled an Act to amend Code Section 33-1-2 of the Official Code of Georgia Annotated, relating to definitions, so as to modify the definition of health benefit policy to include all health benefit plans and policies issued by the state and its political subdivisions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 372. By Representatives Coan of the 101st, Brooks of the 63rd, Keen of the 179th, Richardson of the 19th, Porter of the 143rd and others:
A BILL to be entitled an Act to amend Code Section 20-2-553 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Education Authority (schools), so as to remove a provision that allows the authority to lease public property to private schools; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 373. By Representatives Brooks of the 63rd, Coan of the 101st, Keen of the 179th, Richardson of the 19th, Porter of the 143rd and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia, so as to repeal a provision relating to the eligibility of public school teachers and employees who are covered by a local retirement fund and who accept employment with nonsectarian schools; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 374. By Representatives Geisinger of the 48th, Jones of the 46th, Martin of the 47th and Willard of the 49th:
A BILL to be entitled an Act to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, so as to extend the time for the levy and collection of a tax for

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the purpose of construction and expansion of a system of bicycle or pedestrian greenways, trails, walkways, or any other combination thereof connecting a downtown historic or business district and surrounding areas under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 375. By Representatives Parsons of the 42nd, Ehrhart of the 36th, Harbin of the 118th, Burkhalter of the 50th and Coleman of the 144th:
A BILL to be entitled an Act to amend Chapter 35 of Title 33 of the Official Code of Georgia Annotated, relating to prepaid legal services plans, so as to provide for legislative findings and intent; to provide definitions; to provide for registration and bonding; to provide for the appointment of salespersons as company representatives; to provide for certain filings and annual registration; to provide for prior approval of contracts; to require certain forms to be provided; to provide for the handling of complaints; to provide for sanctions; to authorize the promulgation of rules and regulations; to provide for applicability; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 376. By Representatives Loudermilk of the 14th, Fleming of the 117th, Lunsford of the 110th, Lewis of the 15th, Mills of the 25th and others:
A BILL to be entitled an Act 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; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 377. By Representatives Carter of the 159th, Rynders of the 152nd, Loudermilk of the 14th, Neal of the 1st, Stephens of the 164th and others:
A BILL to be entitled an Act 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 refuse to grant a license, revoke a

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license, or discipline a licensee; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 378. By Representatives Fleming of the 117th, May of the 111th, Loudermilk of the 14th, Hatfield of the 177th and Willard of the 49th:
A BILL to be entitled an Act to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate court costs and compensation, and Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to provide for premarital education; to provide for financial incentive to invest in premarital education; to provide for matters relative to the additional fee for certain marriage license applications; to provide for the requirements and elements of premarital education programs; 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.
Referred to the Committee on Human Relations & Aging.
HR 166. By Representative Barnard of the 166th:
A RESOLUTION authorizing the conveyance of certain state owned real property located in Brantley County, Georgia; authorizing the conveyance of certain state owned real property located in Chatham County, Georgia; authorizing the conveyance of certain state owned real property located in Cherokee County, Georgia; authorizing the leasing of certain state owned property located in Fulton County, Georgia; authorizing the conveyance of certain state owned real property located in Fulton County, Georgia; authorizing the conveyance of certain state owned real property located in Jackson County, Georgia; authorizing the conveyance of certain state owned real property located in Meriwether County, Georgia; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.
HR 167. By Representatives Davis of the 109th, Burkhalter of the 50th, Stephens of the 164th, Harbin of the 118th, Forster of the 3rd and others:
A RESOLUTION urging the United States Senators of the State of Georgia to support the Presidents nominees to the United States Supreme Court; and for other purposes.

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Referred to the Committee on Interstate Cooperation.
HR 168. By Representatives Heard of the 114th and Kidd of the 115th:
A RESOLUTION proposing an amendment to the Constitution so as to declare the acquisition, establishment, operation, and administration of the system of public transportation of passengers for hire in any city, county, or consolidated government to be an essential governmental function and a public purpose and to authorize the creation of a public corporation or authority for such purpose; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Governmental Affairs.
HR 169. By Representatives Drenner of the 86th, Benfield of the 85th, Gardner of the 57th and Henson of the 87th:
A RESOLUTION creating the Joint Study Committee on the Use of Dry Cleaning Solvents; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HR 170. By Representatives Drenner of the 86th, Benfield of the 85th, Gardner of the 57th and Henson of the 87th:
A RESOLUTION creating the Joint Solid Waste Trust Fund Study Committee; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HR 171. By Representatives Kidd of the 115th, Bordeaux of the 162nd, Thomas of the 55th, Holmes of the 61st, Jones of the 44th and others:
A RESOLUTION urging the Congress of the United States to amend Title XXI of the Social Security Act to remove exclusions which prohibit enrollment of children of public employees in the PeachCare for Kids Program created under Code Section 49-5-273; and for other purposes.
Referred to the Committee on Special Rules.
By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the Committees:

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HB 392. By Representatives Brown of the 69th, Harbin of the 118th, Keen of the 179th and Cooper of the 41st:
A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the O.C.G.A., relating to indigent and elderly patients, so as to provide for a quality assessment fee on care management organizations to be used to obtain federal financial participation for medical assistance payments; to provide for authority; to provide for definitions; to establish a segregated account within the Indigent Care Trust Fund for the deposit of assessment fees; to provide for a method for calculating and collecting the assessment fees; to authorize the Department of Community Health to inspect records of care management organizations; to provide for penalties for failure to pay an assessment fee; to provide for the collection of assessment fees by civil action and tax liens; to provide for the appropriation of funds in the segregated account for medical assistance payments; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 393. By Representatives Casas of the 103rd, Miller of the 106th, Heard of the 104th, Stephens of the 164th and May of the 111th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit for employers who convert a certain percentage of their work force to telecommuting status; to provide for definitions; to provide for conditions, limitations, and exclusions; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 394. By Representatives Walker of the 107th, Willard of the 49th and O`Neal of the 146th:
A BILL to be entitled an Act to amend Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to the protection of disabled adults and elder persons, so as to revise a definition; to revise certain provisions relating to investigation of reports of need for protective services; to amend Code Section 31-8-116 of the Official Code of Georgia Annotated, relating to involuntary transfer of residents discharged from a facility and return to

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facility after transfer, so as to revise the notification provisions; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Human Relations & Aging.

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

HB 301 HB 302 HB 303 HB 304 HB 305 HB 306 HB 307 HB 308 HB 309 HB 310 HB 311 HB 312 HB 313 HB 314 HB 315 HB 316 HB 317 HB 318 HB 319 HB 321 HB 322

HB 323 HB 324 HB 325 HB 326 HB 327 HB 328 HB 329 HB 330 HB 331 HB 332 HB 333 HB 334 HB 335 HB 336 HB 340 HR 160 HR 161 HR 162 SB 48 SB 51

Representative McCall of the 30th 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:

HB 201 Do Pass

Respectfully submitted, /s/ McCall of the 30th
Chairman

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Representative Forster of the 3rd District, Chairman of the Committee on Interstate Cooperation, submitted the following report:

Mr. Speaker:

Your Committee on Interstate Cooperation 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 264 Do Pass

Respectfully submitted, /s/ Forster of the 3rd
Chairman

The following Resolution of the House, referred to the House Rules Subcommittee on Invites, was reported by the Committee on Rules with the following recommendation:

HR 164 Do Pass

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

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 8, 2005

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 14th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

HB 84 HR 63

Supplemental appropriations; FY 2004-2005 Social Security; retirement accounts; urge Congressional delegation work to pass

Modified Open Rule

None

Modified Structured Rule

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None
Structured Rule
HB 191 Income tax; corporations; allocation and apportionment formulas; revise
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Ehrhart of the 36th
Chairman
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 55. 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 change the composition of the state board of accountancy; 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 O.C.G.A.; to amend Article 13 of Chapter 1 of Title 7 of the O.C.G.A.; to amend Chapter 12 of Title 16 of the O.C.G.A.; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 68. By Senators Seabaugh of the 28th, Johnson of the 1st, Stephens of the 27th, Balfour of the 9th, Brown of the 26th and others:
A BILL to be entitled an Act to amend Chapter 39A of Title 43 of the O.C.G.A., relating to real estate appraisers, so as to change certain definitions; to provide for board member recusals under certain circumstances; to provide for board approval of schools and instructors offering continuing education courses; to change certain provisions relating to hearings and investigations; to amend Chapter 40 of Title 43 of the O.C.G.A., relating to real estate brokers

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and salespersons, so as to change certain definitions; to provide for recusal of a commission member in certain circumstances; to change a provision relating to removal of a commission member; to provide for the appointment of a director or coordinator for each approved school; 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 House:

HR 143. By Representatives Richardson of the 19th, Burkhalter of the 50th, Keen of the 179th, Fleming of the 117th and Burmeister of the 119th:

A RESOLUTION recognizing February 6 as "Ronald Reagan Day" in the State of Georgia; and for other purposes.

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

SB 55. 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 change the composition of the state board of accountancy; 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 O.C.G.A.; to amend Article 13 of Chapter 1 of Title 7 of the O.C.G.A.; to amend Chapter 12 of Title 16 of the O.C.G.A.; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Regulated Industries.

SB 68.

By Senators Seabaugh of the 28th, Johnson of the 1st, Stephens of the 27th, Balfour of the 9th, Brown of the 26th and others:

A BILL to be entitled an Act to amend Chapter 39A of Title 43 of the O.C.G.A., relating to real estate appraisers, so as to change certain definitions; to provide for board member recusals under certain circumstances; to provide for board approval of schools and instructors offering continuing education courses; to change certain provisions relating to hearings and investigations; to amend Chapter 40 of Title 43 of the

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O.C.G.A., relating to real estate brokers and salespersons, so as to change certain definitions; to provide for recusal of a commission member in certain circumstances; to change a provision relating to removal of a commission member; to provide for the appointment of a director or coordinator for each approved school; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
The following members were recognized during the period of Morning Orders and addressed the House:
Fludd of the 66th, Loudermilk of the 14th, Mills of the 25th, Forster of the 3rd, Rogers of the 26th, and Cheokas of the 134th.
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 164. By Representatives Rogers of the 26th, Harbin of the 118th, Keen of the 179th, Burkhalter of the 50th and Lane of the 158th:
A RESOLUTION commending the Georgia Recreation and Parks Association and inviting representatives of the association 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 191. By Representatives O`Neal of the 146th and Williams of the 4th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide for adjustments to taxable net income with respect to certain direct or indirect interest expenses and costs and intangible expenses and costs; to provide for procedures, conditions, and limitations; to change the manner and method of allocating and apportioning income with respect to corporations; to provide for powers, duties, and authority of the state revenue commissioner; to provide effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:

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A BILL
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide for adjustments to taxable net income with respect to certain direct or indirect interest expenses and costs and intangible expenses and costs; to provide for procedures, conditions, and limitations; to change the manner and method of allocating and apportioning income with respect to corporations; to provide for powers, duties, and authority of the state revenue commissioner; to provide 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. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, is amended in Code Section 48-7-27, relating to computation of taxable net income, by adding a new paragraph at the end of subsection (b), to be designated paragraph (11), to read as follows:
"(11) Georgia taxable income shall be adjusted as provided in Code Section 48-728.3."
SECTION 2. Said article is further amended in Code Section 48-7-21, relating to taxation of corporations, by striking paragraph (10) of subsection (b) and inserting in its place a new paragraph (10) to read as follows:
"(10) Reserved. Georgia taxable income shall be adjusted as provided in Code Section 48-7-28.3."
SECTION 3. Said article is further amended by adding a new Code section immediately following Code Section 48-7-28.2, to be designated Code Section 48-7-28.3, to read as follows:
"48-7-28.3. (a) As used in this Code section, the term:
(1) 'Comprehensive income tax treaty' means a convention or agreement, entered into by the United States and approved by Congress, with a foreign government for the allocation of all categories of income subject to taxation or the withholding of tax on interest, dividends, and royalties for the prevention of double taxation of the respective nations residents and the sharing of information. (2) 'Corporation' means:
(A) A corporation incorporated under the laws of this state or incorporated or organized under the laws of any other state, territory, or nation; or

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(B) A limited liability company treated as a corporation for federal income tax purposes or any other person treated as a corporation for federal income tax purposes. A limited liability company which is disregarded as a separate entity for income tax purposes shall also be disregarded as a separate entity for purposes of this Code section. (3) 'Foreign nation' means an established sovereign government that is recognized as such by the United States Department of State. (4) 'Intangible expenses and costs' means expenses, losses, and costs directly or indirectly for, related to, or in connection with the direct or indirect acquisition, use, maintenance, management, ownership, sale, exchange, or disposition of intangible property, to the extent such amounts are allowed as deductions or costs in determining taxable income before net operating loss deduction and special deductions for the taxable year under the Internal Revenue Code of 1986. The term includes but is not limited to: (A) Royalty, patent, technical, and copyright fees; (B) Licensing fees; and (C) Other similar expenses and costs. (5) 'Intangible property' includes but is not limited to patents, patent applications, trade names, trademarks, service marks, copyrights, mask words, trade secrets, and similar types of intangible assets. (6) 'Interest expenses and costs' includes but is not limited to amounts directly or indirectly allowed as deductions under Section 163 of the Internal Revenue Code of 1986 for purposes of determining taxable income under the Internal Revenue Code of 1986 to the extent such expenses and costs are directly or indirectly for, related to, or in connection with the direct or indirect acquisition, use, maintenance, management, ownership, sale, exchange, or disposition of intangible property. (7) 'Related person' means: (A) A stockholder who is an individual or a member of the stockholders family enumerated in Section 318 of the Internal Revenue Code of 1986 if the stockholder and the members of the stockholders family own, directly or indirectly, beneficially or constructively, in the aggregate at least 50 percent of the value of the taxpayers outstanding stock; (B) A stockholder, or a stockholders partnerships, estate, trusts, or corporations, if the stockholder and the stockholders partnerships, estate, trusts, and corporations own, directly or indirectly, beneficially or constructively, in the aggregate at least 50 percent of the value of the taxpayers outstanding stock; or (C) A corporation, or a person related to the corporation in a manner that would require an attribution of stock from the corporation to the person or from the person to the corporation under the attribution rules of Section 318 of the Internal Revenue Code of 1986, if the taxpayer owns, directly or indirectly, beneficially or constructively, at least 50 percent of the value of the corporations outstanding stock.

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(D) The attribution rules of Section 318 of the Internal Revenue Code of 1986 apply for purposes of determining whether the ownership requirements in subparagraphs (A) through (C) of this paragraph have been met. (E) A limited liability company treated as a partnership for federal income tax purposes shall be considered a partnership for purposes of this paragraph and paragraph (8) of this subsection. (8) 'Related member' means a person, with respect to the taxpayer during all or any portion of the tax year: (A) That is a related person; (B) That is a component member as defined in Section 1563(b) of the Internal Revenue Code of 1986; (C) To or from whom there would be required an attribution of stock ownership in accordance with Section 1563(e) of the Internal Revenue Code of 1986; or (D) That, notwithstanding its form of organization, bears the same relationship to the taxpayer as a person described in subparagraphs (A) through (C) of this paragraph. (9) 'Valid business purpose' means one or more business purposes, other than the avoidance or reduction of taxation, which alone or in combination constitute the primary motivation for some business activity or transaction, which activity or transaction changes in a meaningful way, apart from tax effects, the economic position of the taxpayer. The economic position of the taxpayer includes an increase in the market share of the taxpayer, or the entry by the taxpayer into new business markets. (b) For purposes of computing its Georgia taxable net income under Code Sections 487-21 and 48-7-27, a taxpayer shall add back otherwise deductible interest expenses and costs and intangible expenses and costs directly or indirectly paid, accrued, or incurred to, or in connection directly or indirectly with one or more direct or indirect transactions with, one or more related members. Such expenses and costs shall be added before the income is apportioned or allocated as provided by Code Section 48-731. (c) The commissioner shall have the authority to reverse in whole or in part the adjustments required in subsection (b) of this Code section when the taxpayer and the commissioner agree in writing to the application or use of an alternative method of apportionment under subparagraph (d)(2)(E) of Code Section 48-7-31, Code Section 48-7-35, or Code Section 48-7-31.1. Nothing in this Code section shall be construed to limit or negate the commissioners authority otherwise to enter into agreements and compromises otherwise allowed by law. (d)(1) For purposes of this subsection, the term: (A) 'Allocated or apportioned, or both' does not mean the amount of income that is subject to allocation or apportionment, or both. Rather it means the amount that is arrived at after applying the allocation and apportionment rules of a state as defined in subparagraph (B) of this paragraph. A tax or the portion of a tax, which is or

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would be imposed regardless of the amount of the income, shall not be considered to be a tax on or measured by the income of the related member. (B) 'State' means a state in the United States of America, including the District of Columbia, but does not include those states under whose laws the taxpayer files with the related member, or the related member files with another related member, a combined income tax report or return, a consolidated income tax report or return, or any other report or return where such report or return is due because of the imposition of a tax on, or measured by, income and where such combined income tax report or return, consolidated income tax report or return, or other report or return results in the elimination of the tax effects from transactions directly or indirectly between the taxpayer and the related member. (2) The amount of the adjustment required by subsection (b) of this Code section shall be reduced, but not below zero, to the extent the corresponding interest expenses and costs and intangible expenses and costs: (A) Are received as income in an arms length transaction by the related member; and (B) Such income is allocated or apportioned, or both, to and taxed by Georgia or another state that imposes a tax on or measured by the income of the related member. (3) In claiming the exception allowed by this subsection, the taxpayer shall disclose on its return, with respect to the related member, the name of the related member, the federal identification number of the related member, the name of each state, the amount of the interest expenses and costs and intangible expenses and costs allocated or apportioned to and taxed by each state for such related member, and such other information as the commissioner may prescribe. (e)(1) The adjustment required by subsection (b) of this Code section shall be reduced, but not below zero, if and to the extent: (A) The interest expenses and costs and intangible expenses and costs are paid, accrued, or incurred to a related member domiciled in a foreign nation which has in force a comprehensive income tax treaty with the United States; (B) The transaction giving rise to the interest expenses and costs and intangible expenses and costs has a valid business purpose; and (C) The amounts of such interest expenses and costs and intangible expenses and costs were determined at arms length rates. (2) In claiming the exception allowed by this subsection, the taxpayer shall disclose on its return: (A) The name and federal identification number of the related member; (B) The amount of the interest expenses and costs and intangible expenses and costs; (C) The country of domicile of the related member; and (D) Such other information as the commissioner may prescribe. (f) The adjustment required in subsection (b) of this Code section shall not apply to the portion of interest expenses and costs and intangible expenses and costs that the

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taxpayer establishes by a preponderance of the evidence that meets both of the following:
(1) The related member during the same taxable year directly or indirectly paid, accrued, or incurred such portion to a person that is not a related member; and (2) The transaction giving rise to the interest expenses and costs and intangible expenses and costs has a valid business purpose. (g) Nothing in this Code section shall require a taxpayer to add to its Georgia taxable net income more than once any amount of interest expenses and costs and intangible expenses and costs that the taxpayer pays, accrues, or incurs to a related member. (h) Nothing in this Code section shall be construed to limit or negate the commissioners authority to make adjustments under Code Section 48-7-58. (i) The adjustment required by this Code section shall apply to a corporation that files a separate return with Georgia and to the separate taxable income computation of each member of a Georgia consolidated return. (j) In addition to other penalties imposed by this title, the penalty for failure to make the adjustment required by this Code section shall be 10 percent of the additional tax that results because of this Code section. The commissioner may waive this penalty pursuant to the provisions of Code Section 48-2-43. (k) The commissioner is authorized to prescribe forms and promulgate rules and regulations deemed necessary in order to effectuate this Code section."
SECTION 4. Said article is further amended by striking paragraphs (1) and (2) of subsection (d) of Code Section 48-7-31, relating to the allocation and apportionment formula with respect to corporate income, and inserting in their places new paragraphs (1) and (2) to read as follows:
"(1) Where the net business income of the corporation is derived principally from the manufacture, production, or sale of tangible personal property, the portion of the net income therefrom attributable to property owned or business done within this state shall be taken to be the portion arrived at by application of the following formula:
(A) Property factor. The property factor is a fraction, the numerator of which is the average value of the taxpayers real and tangible personal property owned or rented and used in this state during the tax period and the denominator of which is the average value of all the taxpayers real and tangible personal property owned or rented and used during the tax period;
(i) Property owned by the taxpayer is valued at its original cost. Property rented by the taxpayer is valued at eight times the net annual rental rate. Net annual rental rate is the annual rental rate paid by the taxpayer less any annual rental rate received by the taxpayer from subrentals; (ii) The average value of property shall be determined by averaging the values at the beginning and end of the tax period, except that the commissioner may require the averaging of monthly values during the tax period if such averaging is

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reasonably required to reflect properly the average value of the taxpayers property; (B) Payroll factor. The payroll factor is a fraction, the numerator of which is the total amount paid in this state during the tax period by the taxpayer for compensation and the denominator of which is the total compensation paid everywhere during the tax period. The term 'compensation' means wages, salaries, commissions, and any other form of remuneration paid to employees for personal services. Payments made to an independent contractor or any other person not properly classified as an employee are excluded. Compensation is paid in this state if: (i) The employees service is performed entirely within this state; (ii) The employees service is performed both within and outside this state and the service performed outside this state is incidental to the employees service within this state; or (iii) Some of the service is performed in this state and either the base of operations, or the place from which the service is directed or controlled, is in this state or the base of operations or the place from which the service is directed or controlled is not in any state in which some part of the service is performed but the employees residence is in this state; (C) Gross receipts factor. (i) The gross receipts factor is a fraction, the numerator of which is the total gross receipts from business done within this state during the tax period and the denominator of which is the total gross receipts from business done everywhere during the tax period. For the purposes of this subparagraph, receipts shall be deemed to have been derived from business done within this state only if the receipts are received from products shipped to customers in this state, or from products delivered within this state to customers. In determining the gross receipts within this state, receipts from sales negotiated or effected through offices of the taxpayer outside this state and delivered from storage in this state to customers outside this state shall be excluded; (ii) Where a taxpayers gross receipts are also derived from activities described in paragraph (2) of this subsection, gross receipts shall also include the gross receipts from the activities described in paragraph (2) of this subsection and shall be attributed to Georgia based upon division (2)(C)(i) of this subsection; (D) Apportionment formula. The property factor, the payroll factor, and the gross receipts factor shall be separately determined separately and an apportionment fraction shall be calculated using the following formula: (i) The property factor shall represent 25 10 percent of the fraction; (ii) The payroll factor shall represent 25 10 percent of the fraction; and (iii) The gross receipts factor shall represent 50 80 percent of the fraction. The net income of the corporation shall be apportioned to this state according to such fraction;

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(2) Except as otherwise provided in paragraph (2.1) or (2.2) of this subsection, where the net business income is derived principally from business other than the manufacture, production, or sale of tangible personal property, the net business income of the corporation shall be arrived at determined by application of applying the following three-factor formula:
(A) Property factor. The property factor is a fraction, the numerator of which is the average value of the taxpayers real and tangible personal property owned or rented and used in this state during the tax period and the denominator of which is the average value of all the taxpayers real and tangible personal property owned or rented and used during the tax period;
(i) Property owned by the taxpayer is valued at its original cost. Property rented by the taxpayer is valued at eight times the net annual rental rate. Net annual rental rate is the annual rental rate paid by the taxpayer less any annual rental rate received by the taxpayer from subrentals; (ii) The average value of property shall be determined by averaging the values at the beginning and end of the tax period, except that the commissioner may require the averaging of monthly values during the tax period if such averaging is reasonably required to reflect properly the average value of the taxpayers property; (B) Payroll factor. The payroll factor is a fraction, the numerator of which is the total amount paid in this state during the tax period by the taxpayer for compensation and the denominator of which is the total compensation paid everywhere during the tax period. The term 'compensation' means wages, salaries, commissions, and any other form of remuneration paid to employees for personal services. Payments made to an independent contractor or any other person not properly classified as an employee are excluded. Compensation is paid in this state if: (i) The employees service is performed entirely within this state; (ii) The employees service is performed both within and outside this state and the service performed outside this state is incidental to the employees service within this state; or (iii) Some of the service is performed in this state and either the base of operations or the place from which the service is directed or controlled is in this state or the base of operations or the place from which the service is directed or controlled is not in any state in which some part of the service is performed but the employees residence is in this state; (C) Gross receipts factor. (i) The gross receipts factor is a fraction, the numerator of which is the total gross receipts from business done within this state during the tax period and the denominator of which is the total gross receipts from business done everywhere during the tax period. For purposes of this subparagraph, the term 'gross receipts' means all gross receipts received from activities which constitute the taxpayers regular trade or business. Gross receipts are in this state if the receipts are derived

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from customers within this state or if the receipts are otherwise attributable to this states marketplace; (ii) Where a taxpayers gross receipts are also derived from activities described in paragraph (1) of this subsection, gross receipts shall also include the gross receipts from the activities described in paragraph (1) of this subsection and shall be attributed to Georgia based upon division (1)(C)(i) of this subsection; (D) Apportionment formula. The property factor, payroll factor, and gross receipts factor shall be separately determined separately and an apportionment fraction shall be calculated using the following formula: (i) The property factor shall represent 25 10 percent of the fraction; (ii) The payroll factor shall represent 25 10 percent of the fraction; and (iii) The gross receipts factor shall represent 50 80 percent of the fraction. The net income of the corporation shall be apportioned to this state according to such fraction; (E) If the allocation and apportionment provisions provided for in this paragraph do not fairly represent the extent of the taxpayers business activity in this state, the taxpayer may petition the commissioner for, or the commissioner may by regulation require, with respect to all or any part of the taxpayers business activity, if reasonable: (i) Separate accounting; (ii) The exclusion of any one or more of the factors; (iii) The inclusion of one or more additional factors that will fairly represent the taxpayers business activity within this state; or (iv) The employment of any other method to effectuate an equitable allocation and apportionment of the taxpayers income. The denial of a petition under this paragraph subparagraph shall be appealable pursuant to either Code Section 48-2-59 or 50-13-12;"
SECTION 5. Said article is further amended by striking paragraphs (1) and (2) of subsection (d) of Code Section 48-7-31, relating to the allocation and apportionment formula with respect to corporate income, and inserting in their places new paragraphs (1) and (2) to read as follows:
"(1) Where the net business income of the corporation is derived principally from the manufacture, production, or sale of tangible personal property, the portion of net income therefrom attributable to property owned or business done within this state shall be taken to be the portion arrived at by application of the following formula:
(A) Property factor. The property factor is a fraction, the numerator of which is the average value of the taxpayers real and tangible personal property owned or rented and used in this state during the tax period and the denominator of which is the average value of all the taxpayers real and tangible personal property owned or rented and used during the tax period;

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(i) Property owned by the taxpayer is valued at its original cost. Property rented by the taxpayer is valued at eight times the net annual rental rate. Net annual rental rate is the annual rental rate paid by the taxpayer less any annual rental rate received by the taxpayer from subrentals; (ii) The average value of property shall be determined by averaging the values at the beginning and end of the tax period, except that the commissioner may require the averaging of monthly values during the tax period if such averaging is reasonably required to reflect properly the average value of the taxpayers property; (B) Payroll factor. The payroll factor is a fraction, the numerator of which is the total amount paid in this state during the tax period by the taxpayer for compensation and the denominator of which is the total compensation paid everywhere during the tax period. The term 'compensation' means wages, salaries, commissions, and any other form of remuneration paid to employees for personal services. Payments made to an independent contractor or any other person not properly classified as an employee are excluded. Compensation is paid in this state if: (i) The employees service is performed entirely within this state; (ii) The employees service is performed both within and outside this state and the service performed outside this state is incidental to the employees service within this state; or (iii) Some of the service is performed in this state and either the base of operations, or the place from which the service is directed or controlled, is in this state or the base of operations or the place from which the service is directed or controlled is not in any state in which some part of the service is performed but the employees residence is in this state; (C) Gross receipts factor. (i) The gross receipts factor is a fraction, the numerator of which is the total gross receipts from business done within this state during the tax period and the denominator of which is the total gross receipts from business done everywhere during the tax period. For the purposes of this subparagraph, receipts shall be deemed to have been derived from business done within this state only if the receipts are received from products shipped to customers in this state, or from products delivered within this state to customers. In determining the gross receipts within this state, receipts from sales negotiated or effected through offices of the taxpayer outside this state and delivered from storage in this state to customers outside this state shall be excluded; (ii) Where a taxpayers gross receipts are also derived from activities described in paragraph (2) of this subsection, gross receipts shall also include the gross receipts from the activities described in paragraph (2) of this subsection and shall be attributed to Georgia based upon division (2)(C)(i) of this subsection; (D) Apportionment formula. The property factor, the payroll factor, and the gross receipts factor shall be determined separately and an apportionment fraction shall be calculated using the following formula:

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355

(i) The property factor shall represent 5 percent of the fraction; (ii) The payroll factor shall represent 5 percent of the fraction; and (iii) The gross receipts factor shall represent 90 percent of the fraction. The net income of the corporation shall be apportioned to this state according to such fraction; (2) Except as otherwise provided in paragraph (2.1) or (2.2) of this subsection, where the net business income is derived principally from business other than the manufacture, production, or sale of tangible personal property, the net business income of the corporation shall be determined by applying the following three-factor formula: (A) Property factor. The property factor is a fraction, the numerator of which is the average value of the taxpayers real and tangible personal property owned or rented and used in this state during the tax period and the denominator of which is the average value of all the taxpayers real and tangible personal property owned or rented and used during the tax period; (i) Property owned by the taxpayer is valued at its original cost. Property rented by the taxpayer is valued at eight times the net annual rental rate. Net annual rental rate is the annual rental rate paid by the taxpayer less any annual rental rate received by the taxpayer from subrentals; (ii) The average value of property shall be determined by averaging the values at the beginning and end of the tax period, except that the commissioner may require the averaging of monthly values during the tax period if such averaging is reasonably required to reflect properly the average value of the taxpayers property; (B) Payroll factor. The payroll factor is a fraction, the numerator of which is the total amount paid in this state during the tax period by the taxpayer for compensation and the denominator of which is the total compensation paid everywhere during the tax period. The term 'compensation' means wages, salaries, commissions, and any other form of remuneration paid to employees for personal services. Payments made to an independent contractor or any other person not properly classified as an employee are excluded. Compensation is paid in this state if: (i) The employees service is performed entirely within this state; (ii) The employees service is performed both within and outside this state and the service performed outside this state is incidental to the employees service within this state; or (iii) Some of the service is performed in this state and either the base of operations or the place from which the service is directed or controlled is in this state or the base of operations or the place from which the service is directed or controlled is not in any state in which some part of the service is performed but the employees residence is in this state; (C) Gross receipts factor.

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(i) The gross receipts factor is a fraction, the numerator of which is the total gross receipts from business done within this state during the tax period and the denominator of which is the total gross receipts from business done everywhere during the tax period. For purposes of this subparagraph, the term 'gross receipts' means all gross receipts received from activities which constitute the taxpayers regular trade or business. Gross receipts are in this state if the receipts are derived from customers within this state or if the receipts are otherwise attributable to this states marketplace; (ii) Where a taxpayers gross receipts are also derived from activities described in paragraph (1) of this subsection, gross receipts shall also include the gross receipts from the activities described in paragraph (1) of this subsection and shall be attributed to Georgia based upon division (1)(C)(i) of this subsection; (D) Apportionment formula. The property factor, payroll factor, and the gross receipts factor shall be determined separately and an apportionment fraction shall be calculated using the following formula: (i) The property factor shall represent 5 percent of the fraction; (ii) The payroll factor shall represent 5 percent of the fraction; and (iii) The gross receipts factor shall represent 90 percent of the fraction. The net income of the corporation shall be apportioned to this state according to such fraction; (E) If the allocation and apportionment provisions provided for in this paragraph do not fairly represent the extent of the taxpayers business activity in this state, the taxpayer may petition the commissioner for, or the commissioner may by regulation require, with respect to all or any part of the taxpayers business activity, if reasonable: (i) Separate accounting; (ii) The exclusion of any one or more of the factors; (iii) The inclusion of one or more additional factors that will fairly represent the taxpayers business activity within this state; or (iv) The employment of any other method to effectuate an equitable allocation and apportionment of the taxpayers income. The denial of a petition under this subparagraph shall be appealable pursuant to either Code Section 48-2-59 or 50-13-12;".
SECTION 6. Said article is further amended by striking paragraphs (1) and (2) of subsection (d) of Code Section 48-7-31, relating to the allocation and apportionment formula with respect to corporate income, and inserting in their places new paragraphs (1) and (2) to read as follows:
"(1) Where the net business income of the corporation is derived principally from the manufacture, production, or sale of tangible personal property, the portion of net income therefrom attributable to property owned or business done within this state shall be taken to be the portion arrived at by application of the following formula:

TUESDAY, FEBRUARY 8, 2005

357

(A) Gross receipts factor. (i) The gross receipts factor is a fraction, the numerator of which is the total gross receipts from business done within this state during the tax period and the denominator of which is the total gross receipts from business done everywhere during the tax period. For the purposes of this subparagraph, receipts shall be deemed to have been derived from business done within this state only if the receipts are received from products shipped to customers in this state, or from products delivered within this state to customers. In determining the gross receipts within this state, receipts from sales negotiated or effected through offices of the taxpayer outside this state and delivered from storage in this state to customers outside this state shall be excluded; (ii) Where a taxpayers gross receipts are also derived from activities described in paragraph (2) of this subsection, gross receipts shall also include the gross receipts from the activities described in paragraph (2) of this subsection and shall be attributed to Georgia based upon division (2)(A)(i) of this subsection;
(B) Apportionment formula. The net income of the corporation shall be apportioned to this state according to the gross receipts factor pursuant to subparagraph (A) of this paragraph; (2) Except as otherwise provided in paragraph (2.1) or (2.2) of this subsection, where the net business income is derived principally from business other than the manufacture, production, or sale of tangible personal property, the net business income of the corporation shall be determined by applying the following formula: (A) Gross receipts factor.
(i) The gross receipts factor is a fraction, the numerator of which is the total gross receipts from business done within this state during the tax period and the denominator of which is the total gross receipts from business done everywhere during the tax period. For purposes of this subparagraph, the term 'gross receipts' means all gross receipts received from activities which constitute the taxpayers regular trade or business. Gross receipts are in this state if the receipts are derived from customers within this state or if the receipts are otherwise attributable to this states marketplace; (ii) Where a taxpayers gross receipts are also derived from activities described in paragraph (1) of this subsection, gross receipts shall also include the gross receipts from the activities described in paragraph (1) of this subsection and shall be attributed to Georgia based upon division (1)(A)(i) of this subsection; (B) Apportionment formula. The net income of the corporation shall be apportioned to this state according to the gross receipts factor pursuant to subparagraph (A) of this paragraph; (C) If the allocation and apportionment provisions provided for in this paragraph do not fairly represent the extent of the taxpayers business activity in this state, the taxpayer may petition the commissioner for, or the commissioner may by regulation require, with respect to all or any part of the taxpayers business activity, if reasonable:

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(i) Separate accounting; (ii) The exclusion of any one or more of the factors; (iii) The inclusion of one or more additional factors that will fairly represent the taxpayers business activity within this state; or (iv) The employment of any other method to effectuate an equitable allocation and apportionment of the taxpayers income. The denial of a petition under this subparagraph shall be appealable pursuant to either Code Section 48-2-59 or 50-13-12;"

SECTION 7. (a) Sections 1, 2, 3, this section, and Section 8 of this Act shall become effective January 1, 2006, and shall be applicable to all taxable years beginning on or after January 1, 2006. (b) Section 4 of this Act shall become effective January 1, 2006, and shall be applicable to all taxable years beginning on or after January 1, 2006, and prior to January 1, 2007. (c) Section 5 of this Act shall become effective January 1, 2007, and shall be applicable to all taxable years beginning on or after January 1, 2007, and prior to January 1, 2008. (d) Section 6 of this Act shall become effective January 1, 2008, and shall be applicable to all taxable years beginning on or after January 1, 2008.

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 Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown
Bruce Y Bryant Y Buckner, D

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson Y Dodson Y Dollar Y Drenner E Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown

Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler E Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens

TUESDAY, FEBRUARY 8, 2005

359

Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B E Coleman, T Y Cooper Y Cox

Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J E Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

N Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

N Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 169, nays 2.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 84. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th and Keen of the 179th:

A BILL to amend an Act providing appropriations for the State Fiscal Year 2004-2005, known as the "General Appropriations Act," approved May 17, 2004 (Ga. L. 2004, p. 994.) and for other purposes.

The following Committee substitute was read:

A BILL

To amend an Act providing appropriations for the State Fiscal Year 2004-2005 known as the "General Appropriations Act", approved June 4, 2004 (Ga. L. 2004, p. 710), so as to change certain appropriations for the State Fiscal Year 2004-2005; 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 2004-2005, as amended,
known as the "General Appropriations Act" approved June 4, 2004 (Ga. L. 2004, p. 710),

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is further amended by striking everything following the enacting clause through Section 68, 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, 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, reserves, new revenues, and a revenue estimate of $15,433,095,934 (excluding reserve funds, lottery receipts, tobacco fund receipts and brain and spinal injury trust fund 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 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

$ 33,304,450

$ 18,328,494

$ 5,265,355

$ 2,642,726

$

85,000

$

1,500

$

0

$

0

$

679,058

$

9,950

$

7,000

$

546,420

$

157,234

$

104,000

$ 3,018,027

$

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

$ 5,992,559 $ 5,992,559

$

870,398 $

870,398

$ 1,175,715 $ 1,175,715

$

569,599 $

569,599

$ 8,608,271 $ 8,608,271

TUESDAY, FEBRUARY 8, 2005

361

House Program Budgets House of Representatives

Total Funds State Funds $ 16,280,139 $ 16,280,139

Joint Program Budgets
Legislative Counsel's Office Legislative Fiscal Office Ancillary Activities Budgetary Responsibility Oversight Committee Total

Total Funds State Funds

$ 2,580,036 $ 2,580,036

$ 2,246,193 $ 2,246,193

$ 3,141,223 $ 3,141,223

$

448,588 $

448,588

$ 8,416,040 $ 8,416,040

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 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 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

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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 Contracts Computer Charges Telecommunications
Total Funds Budgeted
State Funds Budgeted

$ 28,318,466

$ 24,331,416

$

849,490

$

400,000

$

0

$

20,000

$ 1,106,000

$

176,000

$

0

$ 1,113,500

$

322,060

$ 28,318,466

$ 28,318,466

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 Total Funds Budgeted
State Funds Budgeted

$ 167,305,098

$ 16,568,033

$ 113,724,138

$ 5,397,197

$ 2,202,781

$

144,925

$

800,000

$ 31,525,070 $ 170,362,144 $ 167,305,098

Judicial Branch Functional Budgets
Supreme Court Court of Appeals Superior Court - Judges Superior Court - District Attorneys Council of Juvenile Court Judges

Total Funds State Funds $ 7,552,320 $ 7,552,320 $ 11,963,673 $ 11,873,673 $ 51,113,798 $ 51,113,798 $ 48,136,376 $ 46,369,330 $ 1,412,596 $ 1,412,596

TUESDAY, FEBRUARY 8, 2005

363

Institute of Continuing Judicial Education Judicial Council Judicial Qualifications Commission Georgia Public Defender Standards Council Georgia Office Of Dispute Resolution Council of Superior Court Clerks Total

$ 1,126,382 $ 1,126,382

$ 16,777,425 $ 16,777,425

$

253,951 $

253,951

$ 31,525,070 $ 30,325,070

$

355,628 $

355,628

$

144,925 $

144,925

$ 170,362,144 $ 167,305,098

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

$ 34,691,949

$ 19,501,718

$ 2,740,194

$

293,660

$

20,418

$

125,582

$ 132,900,000

$ 3,299,150

$ 1,129,002

$

393,740

$ 1,002,436

$ 1,783,435

$

0

$

0

$

612,556

$ 3,245,600

$

0

$

60,473

$

35,590

$

60,500

$

0

$ 18,114,112

$

87,994

$ 185,406,160

$ 34,691,949

Departmental Program Budgets
Administration Risk Management State Purchasing

Total Funds State Funds

$ 5,741,742 $ 3,167,683

$ 137,548,208 $

0

$ 5,856,399 $ 5,703,339

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Fleet Management Space Management Surplus Property Mail and Courier US Post Office Service Contract Management Small and Minority Business Development Bulk Paper Sales Fiscal Services Administrative Hearings State Properties Commission Office of Treasury and Fiscal Services Total

$ 2,198,220 $

$

371,055 $

$ 2,017,271 $

$

983,555 $

$

162,659 $

$

134,316 $

$

907,453 $

$ 2,682,946 $

$ 19,242,169 $

$ 4,299,014 $

$

554,541 $

$ 2,706,612 $

$ 185,406,160 $

411,113 371,055
0 0 70,810 0 887,209 527,435 18,971,225 3,697,706 554,541 329,833 34,691,949

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

$ 35,801,505

$ 31,795,106

$ 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

$ 48,485,924

$ 35,801,505

TUESDAY, FEBRUARY 8, 2005

365

Departmental Program Budgets
Consumer Protection Marketing and Promotion Administration Total

Total Funds State Funds $ 33,856,636 $ 25,894,854 $ 8,627,048 $ 5,053,867 $ 6,002,240 $ 4,852,784 $ 48,485,924 $ 35,801,505

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

$ 10,187,213

$ 8,745,751

$

269,025

$

308,557

$

0

$

2,347

$

170,978

$

565,436

$

113,120

$

11,999

$

0

$ 10,187,213

$ 10,187,213

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 $ 6,073,756 $ 6,073,756 $ 1,740,512 $ 1,740,512

$

310,441 $

310,441

$

384,393 $

384,393

$ 1,678,111 $ 1,678,111

$ 10,187,213 $ 10,187,213

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

$ 28,700,525

$ 47,123,333

$ 23,333,506

$ 1,892,412

$

668,662

$

0

$

166,022

$

573,436

$ 1,438,176

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Telecommunications 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- Georgia Cities Foundation GHFA- Life Sciences Facilities 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

$

522,658

$

972,363

$

539,025

$ 1,779,593

$

150,000

$

163,000

$ 30,000,000

$ 5,000,000

$ 3,122,606

$

0

$ 2,778,750

$ 2,667,600

$

0

$

0

$ 50,000,000

$

694,687

$ 2,000,000

$

0

$

275,000

$

716,733

$ 4,334,685

$ 47,123,333

$ 180,912,247

$ 47,123,333

$ 28,700,525

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

$ 4,142,175 $ 1,643,402

$ 4,014,155 $

0

$ 62,665,992 $ 3,122,606

$ 3,951,209 $ 2,778,750

$

446,404 $

274,682

$ 3,575,243 $ 3,575,243

$ 38,201,865 $

$ 5,410,586 $

$ 1,167,790 $

$ 1,181,557 $

$

708,399 $

1,216,511 5,398,699 1,167,790
752,935 708,399

TUESDAY, FEBRUARY 8, 2005

367

Regional Services Data and Research Pass - Thru Georgia Environmental Facilities Authority Georgia Sports Hall of Fame Georgia Regional Transportation Authority One Georgia Total

$ 1,538,482 $

$

633,706 $

$

562,902 $

$

275,000 $

$

716,733 $

$ 4,334,685 $

$ 47,385,364 $

$ 180,912,247 $

1,538,482 633,706 562,902 275,000 716,733
4,334,685 47,123,333 75,823,858

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
Total Funds Budgeted

$ 1,902,651,756

$ 53,116,681

$ 32,418,706

$ 7,897,760

$

286,359

$

0

$

79,120

$ 137,324,177

$ 1,793,945

$

895,502

$ 1,350,873

$ 109,246,438

$ 533,800,000

$ 5,825,606,222

$ 1,097,500

$

0

$

183,244

$

544,826

$ 1,500,000,000

$

50,511

$

300,757

$

728,000

$ 3,646,792

$ 1,941,782

$

0

$ 3,428,706

$ 17,960,862

$ 10,141,628

$

0

$

418,046

$

105,780

$ 8,191,247,536

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JOURNAL OF THE HOUSE

Tobacco Funds Budgeted State Funds Budgeted

$ 53,116,681 $ 1,902,651,756

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

$ 6,071,553,481 $ 1,866,404,423

$ 2,050,946,015 $ 33,956,708

$ 3,797,281 $ 3,480,585

$ 3,759,666 $ 3,115,776

$

0$

0

$ 21,708,670 $ 9,328,522

$ 1,309,374 $ 1,309,374

$ 38,173,049 $ 38,173,049

$ 8,191,247,536 $ 1,955,768,437

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
Total Funds Budgeted
Tobacco Funds Budgeted State Funds Budgeted

$ 74,759,356

$ 4,970,705

$

378,174

$

165,254

$

45,000

$

0

$

0

$

0

$

0

$

0

$

0

$ 10,304,101

$ 275,827,891

$ 286,720,420

$ 4,970,705

$ 74,759,356

TUESDAY, FEBRUARY 8, 2005

369

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

$ 891,749,240

$ 541,203,430

$ 57,373,951

$ 1,521,452

$

412,720

$ 2,550,374

$ 5,211,166

$ 7,690,886

$ 6,793,332

$

67,637

$ 74,381,622

$

0

$ 26,914,847

$ 1,300,000

$ 37,726,400

$ 11,882,282

$

0

$

0

$ 4,268,025

$ 1,627,150

$

577,160

$ 1,450,000

$ 133,515,006

$

449,944

$

0

$ 916,917,384

$

450,000

$ 891,749,240

Departmental Program Budgets
Administration State Prisons Probation Supervision Health Food and Farm Operations Offender Management Private Prisons Transition Centers Probation Detention Centers

Total Funds State Funds $ 52,504,120 $ 50,218,120 $ 420,572,274 $ 411,404,486 $ 64,439,011 $ 64,439,011 $ 148,419,005 $ 139,954,796 $ 13,444,942 $ 13,213,217 $ 55,803,694 $ 55,803,694 $ 71,470,468 $ 71,470,468 $ 21,575,036 $ 21,575,036 $ 41,965,660 $ 40,422,991

370

JOURNAL OF THE HOUSE

Parole Revocation Centers Probation Diversion Centers Bainbridge PSATC Probation Boot Camps Total

$ 3,894,640 $ 3,834,992 $ 14,433,111 $ 11,244,419 $ 3,231,577 $ 3,203,788 $ 5,163,846 $ 4,964,222 $ 916,917,384 $ 891,749,240

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

$ 7,630,480

$ 17,588,478

$ 23,910,725

$

90,875

$

0

$

52,800

$

68,625

$

43,211

$ 1,020,852

$ 1,341,895

$

244,000

$

0

$

9,930

$ 44,371,391

$ 7,630,480

Departmental Program Budgets
Readiness Civil Support Facilities Administration Total

Total Funds State Funds

$

462,902 $

462,902

$ 7,767,361 $ 2,956,475

$ 33,802,959 $ 2,110,817

$ 2,338,169 $ 2,100,286

$ 44,371,391 $ 7,630,480

Section 11. Department of Early Care and Learning.
State Funds Pre Kindergarten - Grants Pre Kindergarten - Personal Services Pre Kindergarten - Operations Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment

$ 3,175,976

$ 269,169,866

$ 2,168,985

$ 4,909,478

$ 3,330,263

$

29,783

$

43,283

$

0

$

0

TUESDAY, FEBRUARY 8, 2005

371

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

$

0

$

5,000

$

198,750

$

3,000

$

10,007

$

0

$

0

$ 88,195,529

$

891,055

$ 368,954,999

$ 276,248,329

$ 3,175,976

Departmental Program Budgets
Child Care Services Nutrition Pre-Kindergarten Program Quality Initiative Total

Total Funds State Funds

$ 3,620,086 $ 3,175,976

$ 88,000,835 $

0

$ 276,463,932 $

0

$

870,146 $

0

$ 368,954,999 $ 3,175,976

Section 12. Department of Economic Development.
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 Waterway Development in Georgia Georgia World Congress Center
Total Funds Budgeted
Tobacco Funds Budgeted State Funds Budgeted

$ 25,671,981

$

0

$ 12,111,235

$ 1,228,173

$

564,656

$

0

$

15,597

$ 1,569,044

$

198,884

$

402,305

$

15,000

$

376,336

$

238,070

$ 8,952,681

$

0

$

0

$ 25,671,981

$

0

$ 25,671,981

372

JOURNAL OF THE HOUSE

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 4,043,836 $ 4,541,337 $ 2,295,581 $ 6,299,467 $
1,929,226 $ 1,080,295 $
753,931 $
1,551,526 $ 994,860 $
1,086,574 $ 899,378 $ 195,970 $
25,671,981 $

State Funds 4,043,836 4,541,337 2,295,581 6,299,467
1,929,226 1,080,295
753,931
1,551,526 994,860
1,086,574 899,378 195,970
25,671,981

Section 13. 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 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

$ 6,056,557,996

$

0

$ 45,748,450

$ 7,831,097

$ 1,570,996

$

0

$

219,497

$ 1,193,504

$ 4,832,437

$ 22,654,923

$ 13,021,306

$

815,976

$

771,396

$

0

$ 1,707,110,524 $ 1,564,815,699 $ 765,460,363 $ 70,492,962 $ 70,537,965 $ 202,846,671 $ 796,138,993

TUESDAY, FEBRUARY 8, 2005
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: Student Achievement 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 Even Start Family Literacy Instructional Services for the Handicapped Retirement (H.B. 272 and H.B. 1321) Tuition for the Multi-Handicapped PSAT School Lunch (Federal) School Lunch (State) 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 Charter Schools Refugee School Impact State and Local Education Improvement Health Insurance - Non-Cert. Personnel and Retired
Teachers

373

$ 192,300,693 $ 22,033,782 $ 47,742,553 $ 31,135,509 $ 149,198,288 $ 922,876,443 $ 151,866,803 $(1,263,578,713) $ 106,079,440 $ 85,056,285

$ 345,185,556

$ 6,352,443

$

826,722

$ 7,640,465

$

100,000

$ 3,811,974

$ 7,906,138

$ 35,572,883

$ 18,888,697

$

0

$ 6,391,803

$ 259,777,567

$ 5,508,750

$ 1,658,859

$

719,129

$ 188,375,722

$ 35,221,838

$

0

$ 1,851,164

$

657,400

$ 23,501,959

$ 1,099,132

$

0

$ 3,163,000

$

752,037

$ 6,879,395

$

639,390

$

0

$ 107,826,070

374

JOURNAL OF THE HOUSE

Migrant Education (State) Regional Education Service Agencies Severely Emotionally Disturbed Georgia Learning Resources System Special Education at State Institutions Byrd Honor Scholarships 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 Comprehensive School Reform Georgia Virtual School Title I-A Improving Basic Programs - LEA's Title I-B Reading First Title I-C Migrant Education Title I-D Neglected and Delinquent Title II Math/Science Grant Title II-A Improving Teacher Quality Title II-D Enhancing Education Thru Technology Title III-A English Language Title IV-A1, Safe and Drug Free Schools Title IV-B 21st Century Communication Title V Innovative Programs Title VI-A State Assessment Programs 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

$

267,535

$ 11,183,730

$ 65,852,330

$ 5,117,573

$ 3,556,873

$ 1,212,000

$

0

$ 9,193,664

$

0

$ 5,361,125

$

0

$ 30,000,000

$ 28,115,683

$ 18,368,090

$ 3,644,339

$ 11,636,228

$ 1,320,623

$

0

$

0

$

0

$ 17,222,647

$

500,000

$ 311,537,540

$ 50,116,464

$ 8,548,626

$ 2,000,255

$ 4,212,377

$ 72,520,695

$ 19,170,536

$ 10,629,204

$ 9,386,637

$ 27,235,252

$ 7,410,479

$ 9,704,191

$ 6,946,366

$ (332,835,102)

$

0

$ 7,210,217,895

$

0

$

0

$ 6,056,557,996

TUESDAY, FEBRUARY 8, 2005

375

Departmental Program Budgets
Central Office School Improvement Curriculum Testing Special Education State Schools Limited English Proficient Staff Development Core K-12 Remedial Education Alternative Education Student Excellence Technology Career Education Agriculture Education Health and Nutrition Transportation and Facilities Data Collection and Technology Services School Leadership RESAs Pass Through Funds Total

Total Funds State Funds

$ 10,928,672 $ 9,094,458

$ 50,002,463 $ 14,361,768

$ 93,095,203 $ 33,391,148

$ 32,593,802 $ 22,498,626

$ 367,247,030 $ 88,100,710

$ 20,000,631 $ 19,032,646

$ 11,200,380 $

0

$ 83,087,743 $ 10,567,048

$ 5,901,644,771 $ 5,500,652,377

$

0$

0

$ 3,320,878 $ 1,320,623

$ 2,603,743 $ 1,391,743

$ 42,731,566 $ 15,534,051

$ 8,355,551 $ 7,454,774

$ 257,745,074 $ 35,421,953

$ 153,509,545 $ 153,509,545

$ 23,382,471 $ 14,346,851

$ 5,361,125 $ 5,361,125

$ 11,183,730 $ 11,183,730

$ 132,223,517 $ 113,334,820

$ 7,210,217,895 $ 6,056,557,996

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

Section 14. Employees' Retirement System. State Funds

$

890,651

376

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 Georgia Military Pension Fund
Total Funds Budgeted
State Funds Budgeted

$ 5,202,353

$

621,699

$

29,000

$

0

$

12,450

$ 5,900,000

$

561,196

$

142,000

$ 1,090,999

$ 3,300,000

$

890,651

$ 17,750,348

$

890,651

Section 15. 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
Departmental Program Budgets
Reforestation Forest Protection Forest Management Administration Total
Section 16. Georgia Bureau of Investigation. State Funds

$ 31,572,309

$ 28,194,750

$ 5,526,404

$

111,311

$

662,772

$ 1,690,311

$

357,000

$

11,518

$

687,240

$

9,500

$

498,260

$

88,500

$

0

$

0

$ 37,837,566

$ 31,572,309

Total Funds State Funds

$ 2,043,615 $

2,624

$ 28,589,332 $ 25,712,721

$ 3,947,916 $ 2,768,416

$ 3,256,703 $ 3,088,548

$ 37,837,566 $ 31,572,309

$ 60,650,083

TUESDAY, FEBRUARY 8, 2005

377

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

$ 46,401,237

$ 5,515,403

$

383,950

$

233,921

$

198,636

$

398,200

$

512,904

$ 1,094,547

$ 1,975,955

$ 5,360,359

$

288,667

$

0

$ 4,000,000

$ 27,783,371

$ 94,147,150

$ 60,650,083

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 Criminal Justice Coordinating Council Administration Total

Total Funds State Funds

$ 13,946,149 $ 13,946,149

$ 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

$ 33,803,201 $

306,134

$ 6,075,422 $ 6,075,422

$ 94,147,150 $ 60,650,083

Section 17. 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

$ 47,848,120

$ 20,793,563

$ 1,483,807

$

349,075

$

0

$

50,911

$ 1,005,827

$ 1,044,450

$

533,681

$ 2,683,179

378

JOURNAL OF THE HOUSE

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

$ 3,015,287

$ 4,498,627

$

40,000

$ 13,312,882

$

358,595

$ 3,374,509

$

274,194

$

254,499

$

0

$

0

$ 1,085,000

$

0

$

57,000

$

0

$

111,930

$ 54,327,016

$ 47,848,120

Departmental Program Budgets
Governor's Office Georgia Commission on Equal Opportunity Office of Planning and Budget
Administration 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 Office of Education Accountability Office of the Inspector General Office of Homeland Security Total

Total Funds State Funds

$ 18,210,104 $ 18,210,104

$ 1,088,874 $

701,657

$ 2,660,080 $ 2,660,080

$ 2,291,534 $ 2,291,534

$

911,506 $

911,506

$ 2,389,671 $ 2,389,671

$ 2,025,609 $ 2,025,609

$ 4,718,893 $ 4,054,800

$ 3,829,305 $ 3,211,616

$

699,864 $

699,864

$ 6,256,034 $ 6,144,104

$ 6,448,233 $ 2,016,266

$ 1,381,960 $ 1,115,960

$

804,076 $

804,076

$

611,273 $

611,273

$ 54,327,016 $ 47,848,120

Section 18. Department of Human Resources. State Funds Tobacco Funds Brain and Spinal Trust Fund

$ 1,310,243,622 $ 44,766,104 $ 3,000,000

TUESDAY, FEBRUARY 8, 2005

379

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 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

$ 463,724,352

$ 86,702,723

$ 5,215,014

$

200,000

$

906,000

$ 51,668,572

$ 13,133,753

$ 17,896,433

$ 13,686,180

$ 49,215,118

$ 9,493,801

$ 4,666,689

$ 59,878,738

$ 472,745,262

$ 151,138,146

$ 38,673,123

$ 373,628,126

$ 7,661,714

$ 147,112,483

$ 6,138,072

$ 7,262,020

$ 129,303,498

$ 2,153,736

$ 464,266,701

$ 2,751,180

$ 2,579,221,434

$ 5,620,100

$ 44,766,104

$ 3,000,000

$ 1,310,243,622

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

Total Funds

$ 68,606,255 $

$ 59,151,612 $

$ 25,068,801 $

$

100,133 $

$

120,000 $

$

480,015 $

$ 48,103,638 $

$ 2,808,630 $

$ 5,374,713 $

State Funds
15,548,820 49,019,939 4,146,925
4,744 0 0
19,522,913 1,868,226 3,502,357

380

JOURNAL OF THE HOUSE

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

$

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

$

31,893,511 $ 146,462 $
3,000,340 $ 2,271,780 $ 9,477,555 $ 13,071,492 $ 6,299,176 $ 30,910,309 $ 1,515,586 $ 9,201,758 $ 2,551,466 $ 4,868,856 $ 5,055,227 $ 24,085,606 $ 17,365,266 $ 20,720,039 $
255,988 $ 7,788,526 $ 4,182,457 $ 6,467,920 $ 11,427,252 $ 8,812,174 $ 2,211,602 $ 84,956,963 $ 29,546,694 $ 49,586,425 $ 14,167,078 $ 194,491,698 $ 135,067,622 $ 9,912,073 $ 4,375,161 $ 64,980,272 $ 4,425,497 $ 55,669,683 $ 278,028,903 $ 225,110,860 $ 3,679,539 $ 7,230,309 $
331,711 $ 0$
388,866,520 $ 85,677,097 $ 4,172,448 $

22,595,597 146,462
3,000,340 24,040
9,202,555 3,289,650 6,299,176 20,862,578 1,515,586 7,990,881 2,551,466 4,509,616 4,925,227 17,223,889 8,695,844 14,759,894
143,983 7,518,526 4,066,313 4,192,333 11,427,252 7,213,213 1,930,820
0 9,492,144 27,766,909 7,740,461 57,362,030 54,354,049
734,817 4,091,097 22,803,761
590,587 23,809,603 147,298,946 76,594,292
495,971 7,230,309
331,711 0
299,140,648 69,618,465 3,231,756

TUESDAY, FEBRUARY 8, 2005

381

State Hospital Facilities State Hospital Facilities-Other Care State Hospital Facilities-Special Care Substance Abuse Prevention TANF Services-MH/DD/AD Administration Total

$ 140,075,962 $ 116,462,734

$ 170,917,028 $ 74,268,516

$ 10,207,461 $ 4,653,957

$ 10,954,881 $

389,075

$

0$

0

$ 173,395,404 $ 91,848,723

$ 2,579,221,434 $ 1,358,009,726

Section 19. 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

$ 16,174,248

$ 14,747,191

$

702,947

$

383,030

$

80,176

$

20,000

$

223,000

$

622,028

$

346,334

$

86,042

$

0

$

0

$ 17,210,748

$ 16,174,248

Departmental Program Budgets
Administration Insurance Regulation Industrial Loan Fire Safety Enforcement Special Fraud Total

Total Funds State Funds

$ 2,068,054 $ 2,068,054

$ 5,338,458 $ 5,338,458

$

589,453 $

589,453

$ 5,847,557 $ 4,811,057

$

713,465 $

713,465

$ 2,653,761 $ 2,653,761

$ 17,210,748 $ 16,174,248

Section 20. Department of Juvenile Justice. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges

$ 267,078,815

$ 171,074,373

$ 15,366,557

$ 2,056,460

$

304,110

$

811,441

$ 3,559,344

382

JOURNAL OF THE HOUSE

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

$ 4,194,319

$ 2,330,722

$ 4,248,627

$ 4,164,309

$ 3,468,763

$

579,768

$

0

$ 74,128,899

$

0

$

0

$

0

$

200,000

$ 1,532,150

$ 288,019,842

$ 267,078,815

Departmental Program Budgets
Administration Community Supervision Non-Secure Detention Non-Secure Commitment Secure Detention (RYDC's) Secure Commitment (YDC's) Children and Youth Coordinating Council Total

Total Funds State Funds

$ 23,557,002 $ 23,358,783

$ 40,278,443 $ 35,931,440

$ 7,928,049 $ 7,928,049

$ 49,825,901 $ 39,823,282

$ 80,784,214 $ 79,280,254

$ 83,129,809 $ 79,978,583

$ 2,516,424 $

778,424

$ 288,019,842 $ 267,078,815

Section 21. 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

$ 12,366,101

$ 85,772,769

$ 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

TUESDAY, FEBRUARY 8, 2005

383

Total Funds Budgeted State Funds Budgeted

$ 162,605,991 $ 12,366,101

Departmental Program Budgets
Unemployment Services Workforce Development Safety Inspections Labor Market Information Commission On Women Administration Total

Total Funds State Funds

$ 45,410,438 $ 4,394,052

$ 97,260,954 $ 3,142,436

$ 2,680,417 $ 1,087,533

$ 2,885,453 $

301,437

$

93,172 $

93,172

$ 14,275,557 $ 3,347,471

$ 162,605,991 $ 12,366,101

B. Budget Unit: State Funds - Division of
Rehabilitation
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases 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

$ 26,291,004

$ 93,308,483

$ 14,722,025

$ 2,039,522

$

59,095

$ 1,093,190

$ 2,137,122

$ 6,303,584

$ 2,987,642 $ 7,314,026

$ 3,524,303

$

350,000

$ 1,145,188

$ 12,758,949

$ 41,304,191

$ 189,047,320

$

150,000

$ 26,291,004

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

$ 85,509,956 $ 16,304,873

$ 1,642,361 $

335,841

$ 55,440,421 $

0

$ 11,776,668 $

677,293

$ 30,605,236 $ 6,377,965

$ 4,072,678 $ 2,595,032

$ 189,047,320 $ 26,291,004

384

JOURNAL OF THE HOUSE

Section 22. 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

$ 13,310,857

$ 13,413,235

$

705,564

$

181,781

$

0

$

0

$

299,269

$

831,689

$

149,907

$ 19,425,000

$

0

$

100,000

$

0

$ 35,106,445

$ 13,310,857

Section 23. 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

$ 8,605,675

$

947,171

$

133,213

$

0

$

697,128

$

196,697

$

503,267

$ 1,627,172

$

173,863

$

691,601

$ 13,575,787

$

0

$ 1,188,890

$ 11,457,403

$

929,494

$

0

Departmental Program Budgets
Workforce Development Total Compensation and Rewards Recruitment and Staffing Services

Total Funds State Funds

$ 3,258,181 $

0

$ 5,102,705 $

0

$ 1,307,371 $

0

TUESDAY, FEBRUARY 8, 2005

385

Administration. Total

$ 3,907,530 $

0

$ 13,575,787 $

0

Section 24. 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 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

$ 77,292,312

$ 55,468,703

$ 6,980,949

$

480,435

$

327,223

$

338,032

$ 12,461,537

$ 2,730,422

$ 2,443,575

$

329,835

$ 1,315,346

$

0

$ 2,000,000

$

0

$

329,824

$ 2,990,324

$

750,000

$

0

$ 88,946,205

$ 7,196,898

$ 1,960,000

$ 77,292,312

Departmental Program Budgets
Administration License Issuance Motorcycle Safety Tag and Title Registration Salvage Inspection Commercial Vehicle and HOV Enforcement Total

Total Funds State Funds

$ 8,758,624 $ 8,758,624

$ 39,945,164 $ 38,965,164

$

0$

0

$ 25,263,272 $ 24,283,272

$ 1,638,290 $ 1,638,290

$ 13,340,855 $ 3,646,962

$ 88,946,205 $ 77,292,312

Section 25. Department of Natural Resources. State Funds Personal Services Regular Operating Expenses Travel

$ 95,570,313

$ 83,168,887

$ 15,129,631

$

844,126

386

JOURNAL OF THE HOUSE

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 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 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

$

310,000

$ 1,237,365

$ 3,374,242

$ 1,207,381

$ 6,638,842

$

621,000

$ 1,313,190

$

0

$

689,910

$ 1,293,300

$

635,734

$ 3,314,750

$

982,330

$

0

$

800,000

$

129,276

$ 1,780,000

$

75,000

$

0

$ 5,095,077

$

0

$ 1,594,360

$

383,468

$

100,000

$

31,000

$

24,000

$

818,963

$

0

$ 131,591,832

$

940,190

$

0

$ 1,331,931

$ 1,434,982

$

200,000

$ 95,570,313

TUESDAY, FEBRUARY 8, 2005

387

Departmental Program Budgets
Administration Land Conservation Historic Preservation Parks and Historic Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Assistance Georgia Games Commission Civil War Commission Total

Total Funds State Funds

$ 11,086,588 $ 11,086,588

$

410,213 $

410,213

$ 2,513,328 $ 2,023,328

$ 37,334,313 $ 17,742,524

$ 2,316,707 $ 2,145,845

$ 36,272,957 $ 30,768,720

$ 41,225,104 $ 31,064,386

$

357,622 $

253,709

$

75,000 $

75,000

$

0$

0

$ 131,591,832 $ 95,570,313

Section 26. 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

$ 44,258,831

$ 36,174,798 $ 1,333,825

$

331,800

$

0

$

291,500

$

591,200

$ 2,764,792

$

969,433

$ 1,035,175

$

620,958

$

617,500

$

20,000

$ 44,750,981

$ 44,258,831

Departmental Program Budgets
Administration Clemency Decision Parole Supervision Total

Total Funds State Funds $ 3,602,656 $ 3,602,656 $ 9,668,395 $ 9,668,395 $ 31,479,930 $ 30,987,780 $ 44,750,981 $ 44,258,831

Section 27. Department of Public Safety. A. Budget Unit: State Funds - Department of
Public Safety

$ 71,415,487

388

JOURNAL OF THE HOUSE

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

$ 62,668,817

$ 7,940,850

$

81,145

$ 1,484,986

$

308,028

$

654,000

$

107,695

$ 1,673,059

$

154,772

$

174,333

$

309,237

$

0

$

0

$ 75,556,922

$

990,000

$ 71,415,487

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

$ 9,131,015 $ 8,141,015

$ 55,790,003 $ 55,790,003

$ 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

$ 75,556,922 $ 71,415,487

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

$ 13,776,531

$ 10,338,733

$ 2,549,403

$

103,284

$

20,000

$

62,808

$

288,767

$

343,318

$

295,528

TUESDAY, FEBRUARY 8, 2005

389

Per Diem and Fees Contracts Highway Safety Grants Peace Officers Training Grants Capital Outlay
Total Funds Budgeted
State Funds Budgeted

$

229,817

$

620,622

$ 2,525,200

$ 1,200,061

$

0

$ 18,577,541

$ 13,776,531

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

$ 3,654,404 $

487,467

$ 2,093,777 $ 2,093,777

$ 1,226,513 $ 1,105,419

$ 1,132,053 $

979,373

$

470,634 $

470,634

$ 10,000,160 $ 8,639,861

$ 18,577,541 $ 13,776,531

Section 28. 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 29. 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

$ 8,164,104

$ 6,597,257

$

250,711

$

86,876

$

0

$

50,300

$

208,791

$

501,964

$

114,127

$

592,389

$

35,000

$ 8,437,415

$ 8,164,104

390

JOURNAL OF THE HOUSE

Departmental Program Budgets
Administration Utilities Regulation Program Utility Facilities Protection Georgia No Call Total

Total Funds State Funds

$ 1,124,307 $ 1,124,307

$ 6,458,104 $ 6,458,104

$

855,004 $

581,693

$

0$

0

$ 8,437,415 $ 8,164,104

Section 30. 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

$ 1,481,128,265 $ 6,243,177

$ 1,871,186,254 $ 492,954,043

$ 524,391,280 $ 876,653,501 $ 28,867,806

$

882,879

$

311,863

$

826,466

$ 26,894,260

$ 89,655,481

$ 3,912,623,833

$ 119,162,490

$ 1,369,607,544

$ 933,442,857

$ 3,039,500

$

0

$ 6,243,177

$ 1,481,128,265

Departmental Program Budgets
Teaching Research Public Service Total

Total Funds State Funds $ 3,854,840,559 $ 1,429,588,168 $ 26,894,260 $ 20,651,083 $ 30,889,014 $ 30,889,014 $ 3,912,623,833 $ 1,481,128,265

TUESDAY, FEBRUARY 8, 2005

391

B. Budget Unit: State Funds - Regents Central Office and Other Organized Activities
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

$ 185,765,648

$

0

$ 122,508,694 $ 79,952,811

$ 49,427,879 $ 44,049,678 $ 2,485,757

$ 21,832,030

$

0

$

0

$ 7,360,074

$

493,379

$

0

$ 2,831,338

$ 17,295,253

$ 30,341,533

$

0

$ 31,761,251

$ 410,339,677

$ 7,462,163

$ 140,927,908

$ 75,640,458

$

543,500

$

0

$ 185,765,648

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

Total Funds State Funds

$ 2,614,460 $ 1,429,660

$ 7,164,343 $ 1,531,343

$ 1,705,789 $

938,156

$ 136,895,242 $ 6,618,290

$ 21,832,030 $ 8,338,273 $ 72,177,551 $ 39,736,289 $ 54,418,173 $ 31,324,036

392

JOURNAL OF THE HOUSE

MCG - Hospitals 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 Georgia Military College GPTC Total

$

193,500 $

0

$ 3,094,649 $ 3,094,649

$ 7,170,899 $

470,899

$ 3,625,810 $

0

$ 4,694,697 $

40,727

$ 38,781,919 $ 38,781,919

$ 35,844,024 $ 33,334,816

$

0$

0

$ 2,831,338 $ 2,831,338

$ 17,295,253 $ 17,295,253

$ 410,339,677 $ 185,765,648

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

$ 12,855,534

$ 14,593,732

$ 4,070,278

$

0

$ 31,519,544

$ 31,519,544

$

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 31. Department of Revenue. State Funds Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

$ 503,164,629

$

150,000

$ 55,519,895

$ 8,970,006

$

926,361

$

49,980

TUESDAY, FEBRUARY 8, 2005

393

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

$

173,684

$ 11,959,920

$ 6,785,736

$ 1,179,295

$

604,730

$ 1,393,613

$ 3,785,079

$

0

$

0

$ 2,120,536

$ 420,437,228

$ 513,906,063

$ 2,545,000

$

150,000

$ 503,164,629

Departmental Program Budgets
Administration Revenue Processing Tax Compliance Customer Service Industry Regulation Grants and Distribution State Board of Equalization Total

Total Funds State Funds

$ 6,096,719 $ 6,096,719

$ 29,801,064 $ 27,680,528

$ 32,721,754 $ 26,360,991

$ 11,602,456 $ 9,492,321

$ 4,461,802 $ 4,461,802

$ 429,217,268 $ 429,217,268

$

5,000 $

5,000

$ 513,906,063 $ 503,314,629

Section 32. 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

$ 32,691,393

$ 18,246,634

$ 4,864,478

$

357,621

$

0

$

53,035

$ 2,913,063

$ 4,464,296

$

888,163

$

157,314

$ 1,446,804

$

364,335

$

0

$ 33,755,743

394

JOURNAL OF THE HOUSE

State Funds Budgeted

$ 32,691,393

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

$ 5,082,275 $ 5,052,275

$ 6,623,366 $ 6,548,366

$

405,553 $

405,553

$ 1,810,154 $ 1,070,804

$ 1,880,144 $ 1,830,144

$ 7,012,966 $ 6,992,966

$ 1,200,010 $ 1,200,010

$

722,293 $

722,293

$ 8,778,901 $ 8,628,901

$

240,081 $

240,081

$ 33,755,743 $ 32,691,393

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

$ 1,723,866

$

185,000

$

47,000

$

0

$

12,500

$

165,123

$

183,512

$

82,376

$

250,032

$

0

$ 2,649,409

$ 2,649,409

Section 33. Soil and Water Conservation Commission.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications

$ 2,977,989

$ 1,861,233

$ 1,089,199

$

42,321

$

0

$

19,944

$

11,205

$

121,425

$

38,300

TUESDAY, FEBRUARY 8, 2005

395

Per Diem and Fees Contracts County Conservation Grants
Total Funds Budgeted
State Funds Budgeted

$

121,660

$ 2,014,644

$

0

$ 5,319,931

$ 2,977,989

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

$ 1,708,334 $ 1,134,929

$ 1,102,116 $ 1,035,116

$ 1,935,710 $

234,173

$

26,626 $

26,626

$

547,145 $

547,145

$ 5,319,931 $ 2,977,989

Section 34. 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
Total Funds Budgeted
State Funds Budgeted

$ 37,605,146

$

522,204

$

14,915

$

16,000

$

0

$

8,300

$

6,000

$

40,015

$

8,681

$

0

$

16,454

$ 3,477,477

$ 28,820,424

$

61,339

$

432,479

$

22,427

$

0

$

661,524

$ 1,487,410

$ 2,530,150

$ 38,125,799

$ 37,605,146

396

JOURNAL OF THE HOUSE

Departmental Program Budgets
Georgia Student Finance Authority Georgia Nonpublic Postsecondary Education
Commission Total

Total Funds State Funds $ 37,493,230 $ 36,972,577

$

632,569 $

632,569

$ 38,125,799 $ 37,605,146

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

$ 304,320,460

$ 55,896,225

$ 70,657,003

$ 6,000,000

$ 45,388,740

$

770,477

$

255,850

$ 5,332,698

$ 5,855,278

$

374,590

$

760,000

$ 2,206,484

$ 2,825,973

$ 500,643,778

$ 500,643,778

Section 35. 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 COLA Local Systems Floor Fund Local Systems
Total Funds Budgeted
State Funds Budgeted

$ 2,138,000

$ 14,125,720

$

825,344

$

76,500

$

0

$

25,000

$ 7,300,000

$

723,975

$

220,000

$

523,000

$

0

$ 2,050,000

$

88,000

$ 25,957,539

$ 2,138,000

TUESDAY, FEBRUARY 8, 2005

397

Section 36. 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

$ 298,065,369

$ 6,409,335

$

316,985

$

125,510

$

0

$

12,886

$

586,464

$

121,670

$

164,110

$

327,695

$

115,980

$

0

$ 262,114,189

$ 63,743,175

$ 5,521,825

$ 18,814,797

$ 3,364,461

$ 12,073,404

$ 373,812,486

$ 298,065,369

Departmental Program Budgets
Administration Technical Education Adult Literacy Education Economic Development Total

Total Funds State Funds $ 4,965,421 $ 4,965,421 $ 336,951,539 $ 269,347,641 $ 19,822,122 $ 11,678,903 $ 12,073,404 $ 12,073,404 $ 373,812,486 $ 298,065,369

B. Budget Unit: Lottery for Education
Computer Laboratories and Satellite Dishes-Adult Literacy
Capital Outlay 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

$

0

$

0

$

0

398

JOURNAL OF THE HOUSE

Section 37. 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

$ 610,723,269

$ 255,962,257 $ 79,533,636 $ 2,102,944 $ 1,927,751 $ 5,591,955 $ 8,850,593 $ 1,830,782 $ 4,924,471

$ 7,362,438

$ 45,093,797

$ 1,129,313,034

$ 20,534,243

$ 80,106,737

$

0

$ 3,507,783

$

721,355

$ 1,647,363,776

$ 610,723,269

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 $ 321,078,376 $ $ 45,567,426 $ $ 1,046,000,727 $ $ 147,546,892 $ $ 5,503,825 $ $ 50,807,188 $ $ 1,616,504,434 $

State Funds 177,985,246
16,385,982 274,813,339
83,262,071 1,496,071 39,439,444 593,382,153

General Funds Budget Transit Aviation Air Transportation Rail Ports and Waterways Total

$ 21,598,034 $ 8,737,603

$ 3,947,380 $ 3,947,380

$ 1,913,591 $ 1,255,796

$ 2,444,313 $ 2,444,313

$

956,024 $

956,024

$ 30,859,342 $ 17,341,116

Section 38. Department of Veterans Service. State Funds Personal Services

$ 21,023,121 $ 5,486,846

TUESDAY, FEBRUARY 8, 2005

399

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

$

278,597

$

100,200

$

0

$

100,822

$

5,000

$

223,033

$

86,581

$

20,612

$ 17,617,375

$ 7,541,980

$

0

$

0

$

294,760

$ 31,755,806

$ 21,023,121

Departmental Program Budgets
Veterans Benefits Milledgeville Nursing Home Augusta Nursing Home Georgia Veterans Memorial Cemetery Administration Total

Total Funds State Funds

$ 5,468,863 $ 5,066,063

$ 17,516,828 $ 10,291,693

$ 7,536,580 $ 4,431,830

$

290,738 $

290,738

$

942,797 $

942,797

$ 31,755,806 $ 21,023,121

Section 39. Workers' Compensation Board. State Funds Personal Services 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

$ 14,511,013

$ 9,721,149

$

470,115

$

140,600

$

0

$

44,048

$

394,329

$ 1,236,008

$

170,876

$

183,101

$ 2,514,787

$ 14,875,013

$ 14,511,013

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Departmental Program Budgets
Administration Administer the Workers' Comp Law Total

Total Funds State Funds $ 5,919,813 $ 5,555,813 $ 8,955,200 $ 8,955,200 $ 14,875,013 $ 14,511,013

Section 40. 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)
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (New) Motor Fuel Tax Funds (New)

$ 658,842,417 $ 135,000,000 $ 793,842,417
$ 87,623,390 $ 26,100,000 $ 113,723,390

Section 41. 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 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

TUESDAY, FEBRUARY 8, 2005

401

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 42. Provisions Relative to Section 4, Department of Administrative Services.
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 43. 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

Warren County Funding for indirect cost in Warren County

McDuffie County Funding for equalization in McDuffie County

Amount $ 50,000 $ 100,000

Section 44. Provisions Relative to Section 8, Department of Community Health.

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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%.

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 45. Provisions Relative to Section 13, State Board of Education Department of Education.
The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,380.31. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

Section 46. Provisions Relative to Section 17, Office of the Governor.
There is hereby appropriated to the Office of the Governor the sum of $400,000 of the moneys collected in accordance with O.C.G.A. Title 10, Chapter 1, Article 28. The sum of money is appropriated for use by the Office of Consumer 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, $9,700,000 is intended for relief in federally declared
disasters.

Section 47. Provisions Relative to Section 18, 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

Standards of Need $ 235
356 424 500

Maximum Monthly Amount $ 155 235 280 330

TUESDAY, FEBRUARY 8, 2005

403

5

573

378

6

621

410

7

672

444

8

713

470

9

751

496

10

804

530

11

860

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 its 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 48. Provisions Relative to Section 21, 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 49. Provisions Relative to Section 23, Merit System of Personnel Administration.

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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 50. Provisions Relative to Section 25, 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.
Section 51. Provisions Relative to Section 31, 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 52. Provisions Relative to Section 32, 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 53. Provisions Relative to Section 35, 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 54. Provisions Relative to Section 37, 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

TUESDAY, FEBRUARY 8, 2005

405

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.
Section 55. 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 56. 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

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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 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 57. 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 58. 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 59. No State appropriations authorized under this Act shall be used to continue
programs currently funded entirely with Federal funds.
Section 60. 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

TUESDAY, FEBRUARY 8, 2005

407

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 61. (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.
(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

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JOURNAL OF THE HOUSE

administration of the annual operating budget.

Section 62. 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 63. Provisions Relative to Section 39, State of Georgia General Obligation Debt Sinking Fund.

Department of Transportation:

Amend original FY 2005 Appropriations Act to

redirect the issuance of $300,000,000 in motor fuel

supported bonds for the Governor's Fast Forward

Transportation Program from Guaranteed Revenue

Bonds to General Obligation Bonds

$

A.) Maturities not to exceed two hundred forty

months.

Board of Regents projects:

$

a.) $1,060,000 for Macon State College Professional

Sciences Center

b.) $795,000 for Fort Valley State University

Academic Classroom Building

c.) $2,710,000 for Georgia State University Teaching

Laboratory Building

d.) $1,630,000 for College of Pharmacy facility at the

University of Georgia

e.) $275,000 in design funds for Gordon College

Success and Retention Center

f.) $2,500,000 for Southern Polytechnic University

Minor Capital Outlay projects

To authorize $300,000 for renovations in 20-year

bonds to Georgia State University ACCEL building $

Principal Amount 300,000,000 $ 8,970,000 $
300,000 $

Debt Service 26,100,000 780,390
26,100

TUESDAY, FEBRUARY 8, 2005

409

Department of Adult and Technical Education:

To authorize $6,400,000 in 20-year bonds for DTAE

to purchase land and building for West Georgia

Technical Institute

$

Total Twenty Year Projects (New)

$

B.) Maturities not to exceed sixty months.

Department of Adult and Technical Education:

To authorize $5,000,000 in 5-year bonds for DTAE

statewide HVAC, roof rehabilitations and various

renovations

$

Total Five Year Projects (New)

$

6,400,000 $ 315,670,000 $
5,000,000 $ 5,000,000 $

556,800 27,463,290
1,130,000 1,130,000

Section 64. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 2005

$ 16,567,537,539

Section 65. This Act shall become effective upon its approval by the Governor or upon its
becoming law without his approval.

Section 66. 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.

The Speaker resolved the House into a Committee of the Whole for the purpose of considering the Committee substitute to HB 84 designating Representative Keen of the 179th as Chairman thereof.

The Speaker called the House to order.

The Committee of the Whole arose and through its Chairman reported HB 84 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.

The Committee substitute was adopted.

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JOURNAL OF THE HOUSE

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 Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges N Brooks Y Brown
Bruce Y Bryant Y Buckner, D
Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B E Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner E Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J
Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell N Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler E Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens N Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 165, nays 5.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Coleman of the 144th was excused on the previous roll call. He would like to be recorded as voting "aye" thereon.

TUESDAY, FEBRUARY 8, 2005

411

Representative Mangham of the 94th 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, HB 84 was ordered immediately transmitted to the Senate.
By unanimous consent, HR 63 was postponed until the next legislative day.
The following Resolutions of the House were read and adopted:
HR 112. By Representatives Borders of the 175th, Black of the 174th, Shaw of the 176th, Houston of the 170th and Roberts of the 154th:
A RESOLUTION commending and congratulating the Valdosta State University Football Team; and for other purposes.
HR 172. By Representatives Mangham of the 94th, Walker of the 107th, BeasleyTeague of the 65th, Forster of the 3rd, Jacobs of the 80th and others:
A RESOLUTION commending the contributions of members of the clergy in Georgia and recognizing the fourth annual Clergy Day at the Georgia State Capitol; and for other purposes.
HR 174. By Representative Ralston of the 7th:
A RESOLUTION commending the Gilmer High School Wrestling Team for winning the Georgia High School Association Class AAA Team Duals Wrestling Championship; and for other purposes.
HR 175. By Representative Burkhalter of the 50th:
A RESOLUTION congratulating Alma Zollars on the occasion of her 100th birthday; and for other purposes.
HR 176. By Representative Lakly of the 72nd:
A RESOLUTION commending Andy Rapson on becoming an Eagle Scout; and for other purposes.
HR 177. By Representatives Howard of the 121st and Murphy of the 120th:
A RESOLUTION commending and expressing gratitude to Mr. Michael E. Curry; and for other purposes.

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HR 178. By Representatives Loudermilk of the 14th, Burkhalter of the 50th, Lunsford of the 110th, Heard of the 104th, Coleman of the 97th and others:
A RESOLUTION recognizing Home Education Day at the Capitol; and for other purposes.
HR 179. By Representatives Howard of the 121st and Murphy of the 120th:
A RESOLUTION recognizing and commending Reverend Clyde Hill, Sr.; and for other purposes.
HR 180. By Representatives Manning of the 32nd, Ehrhart of the 36th, Cooper of the 41st, Tumlin of the 38th, Parsons of the 42nd and others:
A RESOLUTION recognizing and commending the Kennesaw Youth Council and the Acworth Youth Council; and for other purposes.
HR 181. By Representatives Maxwell of the 17th and Richardson of the 19th:
A RESOLUTION recognizing and commending CW2 Eric B. Thackston, recipient of The Air Medal; and for other purposes.
HR 182. By Representatives Wix of the 33rd, Johnson of the 37th, Teilhet of the 40th, Parsons of the 42nd, Ehrhart of the 36th and others:
A RESOLUTION remembering and honoring the life of George Edward Bentley; and for other purposes.
HR 183. By Representative Coleman of the 97th:
A RESOLUTION commending Christopher Shane Dills; and for other purposes.
HR 184. By Representative Coleman of the 97th:
A RESOLUTION commending Brandon James Freeman; and for other purposes.
HR 185. By Representative Mosley of the 178th:
A RESOLUTION recognizing and commending Patterson Elementary School on its designation as a 2005 Georgia School of Excellence in Student Achievement; and for other purposes.

TUESDAY, FEBRUARY 8, 2005

413

HR 186. By Representative Golick of the 34th:
A RESOLUTION commending Keep Georgia Beautiful and the Keep America Beautiful affiliates in Georgia; and for other purposes.
HR 187. By Representatives Thomas of the 55th, Morgan of the 39th, Abdul-Salaam of the 74th, Sinkfield of the 60th, Buckner of the 76th and others:
A RESOLUTION recognizing and honoring the life of Shirley St. Hill Chisholm; and for other purposes.
HR 188. By Representatives Smith of the 168th, Roberts of the 154th, Lane of the 158th, Barnard of the 166th, Hatfield of the 177th and others:
A RESOLUTION recognizing and expressing gratitude to Dr. John Teddy Holloway on the occasion of his retirement; and for other purposes.
HR 189. By Representatives Rogers of the 26th, Mills of the 25th, Reece of the 27th and Benton of the 31st:
A RESOLUTION remembering and honoring the life of Kathy Reeves Mathis; and for other purposes.
HR 190. By Representative Thomas of the 100th:
A RESOLUTION recognizing and commending Susan Ralstin, recipient of the 2004 Milken Family Foundation National Educator Award; and for other purposes.
HR 191. By Representatives Orrock of the 58th, Willard of the 49th, Cooper of the 41st, Wilkinson of the 52nd, Oliver of the 83rd and others:
A RESOLUTION recognizing Health Care Decisions Week in Georgia; and for other purposes.
Representative Coleman of the 97th District, 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 House and has instructed me to report the same back to the House with the following recommendation:

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JOURNAL OF THE HOUSE

HR 50 Do Pass

Respectfully submitted, /s/ Coleman of the 97th
Chairman

Representative Hembree of the 67th District, Chairman of the Committee on Higher Education, submitted the following report:

Mr. Speaker:

Your Committee on Higher Education 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 272 Do Pass HB 298 Do Pass HB 299 Do Pass, by Substitute

HB 340 Do Pass HR 84 Do Pass

Respectfully submitted, /s/ Hembree of the 67th
Chairman

Representative Willard of the 49th District, 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 House and has instructed me to report the same back to the House with the following recommendations:

HB 97 Do Pass HB 134 Do Pass HB 178 Do Pass

HB 204 Do Pass HB 296 Do Pass

Respectfully submitted, /s/ Willard of the 49th
Chairman

Representative Rice of the 51st District, Chairman of the Committee on Motor Vehicles, submitted the following report:

TUESDAY, FEBRUARY 8, 2005

415

Mr. Speaker:
Your Committee on Motor Vehicles 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 20 Do Pass HB 139 Do Pass
Respectfully submitted, /s/ Rice of the 51st
Chairman
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.

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Representative Hall, Atlanta, Georgia

Wednesday, February 9, 2005

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:

Abdul-Salaam Amerson Ashe Barnard Barnes Bearden Benfield Benton Black Bordeaux Borders Bridges Brooks Brown Bruce Bryant Buckner, D Buckner, G Burkhalter Burmeister Burns Butler Byrd Carter Casas Chambers Channell Cheokas Coan Cole Coleman, B E Coleman, T Cooper

Cox Crawford Cummings Davis Day Dickson Dodson Dollar Drenner Dukes Ehrhart England Fleming Floyd, H Floyd, J Fludd Forster Franklin Freeman Gardner Geisinger Graves, D Graves, T Greene Hanner Harbin Hatfield Heard, J Heard, K Hembree Hill, C Hill, C.A

Holmes Holt Horne Houston Hugley Jackson Jacobs James Jamieson Jenkins E Jennings Johnson Jones, J Jones, S Jordan Keen Keown Kidd Knight Lakly Lane, B Lane, R Lewis Lindsey Lord Loudermilk Lunsford Maddox Mangham Marin Martin Maxwell

May McCall E McClinton Meadows Millar Miller Mills Mitchell Morgan Morris Mosby Mosley Mumford Murphy, J Murphy, Q Neal Oliver O'Neal Orrock Parham Parrish Parsons Porter Powell Ralston Ray Reece, B Reece, S Reese Rice Rogers Royal

Rynders Sailor Scheid Scott, A Scott, M Setzler E Shaw Sheldon Sims, C Sims, F Smith, L Smith, R E Smith, T Smith, V Smyre Stephens Stephenson Talton Teilhet Thomas, A.M Thomas, B Tumlin Walker Warren Watson Wilkinson Williams, A Williams, E Williams, R Wix Yates Richardson, Speaker

The following members were off the floor of the House when the roll was called:

Representatives Anderson of the 123rd, Beasley-Teague of the 65th, Dean of the 59th, Epps of the 128th, Golick of the 34th, Heckstall of the 62nd, Henson of the 87th, Howard of the 121st, Lucas of the 139th, Manning of the 32nd, Randall of the 138th, Roberts of the 154th, Sinkfield of the 60th, Smith of the 13th, Smyre of the 132nd, Stanley-Turner of the 53rd, and Willard of the 49th.

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They wish to be recorded as present.
Prayer was offered by Bishop Lindsey Davis, United Methodist Church, Norcross, Georgia.
The members pledged allegiance to the flag.
Representative Heard of the 104th, Chairman of the Committee on Information and Audits, 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 were introduced, read the first time and referred to the Committees:
HB 379. By Representatives Bridges of the 10th and Cummings of the 16th:
A BILL to be entitled an Act 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 of such retirement system employed on or after July 1, 2006, who has an impairment which prevents him or her from performing his or her duties in the position he or she held at the onset of the impairment shall not be entitled to receive a disability allowance unless his or her employer certifies that there is no available position comparable in compensation which such employee is capable of

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performing; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 380. By Representative Lane of the 167th:
A BILL to be entitled an Act to provide that future elections for the office of chief magistrate of McIntosh County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 381. By Representatives Bridges of the 10th and Cummings of the 16th:
A BILL to be entitled an Act to amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances, so as to make technical corrections of certain conflicting provisions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 382. By Representative Lane of the 167th:
A BILL to be entitled an Act to provide for a homestead exemption from McIntosh 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.
HB 383. By Representatives Ralston of the 7th, Willard of the 49th and Miller of the 106th:
A BILL to be entitled an Act to amend Code Section 45-18-10 of the Official Code of Georgia Annotated, relating to the right of continuation of coverage for former employees, payment of premiums, establishment of terms and

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419

conditions by the board, and appointment as United States Attorney, so as to provide that a superior court judge or district attorney who is vested in the Georgia Judicial Retirement System and who does not return to office may continue full coverage under the state health benefit plan; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 384. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to provide for an additional exemption from the motor fuel tax and the second motor fuel tax for a limited period of time; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 385. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the termination of the State Board of Cosmetology; to repeal Chapter 10 of said title, relating to cosmetologists; to amend Code Section 31-5A-5 of the Official Code of Georgia Annotated, relating to transfer of personnel to the Department of Community Health, so as to provide for the transfer to such department of certain inspectors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 386. By Representatives Miller of the 106th, Ralston of the 7th, Willard of the 49th, Smith of the 129th and Mumford of the 95th:
A BILL to be entitled an Act to amend Chapter 4 of Title 16 of the Official Code of Georgia Annotated, relating to criminal attempt, conspiracy, and solicitation, so as to change certain penalties for conspiracy to commit a crime; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.

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HB 387. By Representatives Miller of the 106th, Ralston of the 7th, Willard of the 49th, Smith of the 129th and Mumford of the 95th:
A BILL to be entitled an Act to amend Chapter 4 of Title 16 of the Official Code of Georgia Annotated, relating to criminal attempt, conspiracy, and solicitation, so as to change certain penalties for criminal attempt; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 388. By Representatives Dodson of the 75th, Harbin of the 118th, Rogers of the 26th and Reece of the 27th:
A BILL to be entitled an Act to amend Code Section 45-18-54 of the Official Code of Georgia Annotated, relating to continuation of optional employee benefit plans and approval of optional plans or contracting with new or additional insurers, so as to provide that any department, agency, authority, county department of health, or local board of education may receive an administrative fee or service fee for certain services; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 389. By Representatives Roberts of the 154th, Smith of the 129th, Golick of the 34th, Smith of the 131st, Burns of the 157th and others:
A BILL to be entitled an Act to amend Code Section 48-7-40 of the Official Code of Georgia Annotated, relating to designation of counties as less developed areas for the purpose of tax credits with respect to certain business enterprises, so as to provide a definition; to provide for an additional tax credit for certain existing business enterprises; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 390. By Representatives Scott of the 153rd and Brown of the 69th:
A BILL to be entitled an Act to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, so as to create a State Commission on the Efficacy of the Certificate of Need Program; to provide for legislative intent; to provide for

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composition of the commission and the commissions powers and duties; to provide for compensation of the members of the commission; to provide for officers of the commission; to provide for a quorum for the transaction of business; to provide for a final report; to provide for related matters; to provide an effective date; to provide for automatic repeal on a certain date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 391. By Representative Mumford of the 95th:
A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that a person appointed to the position of circuit public defender may elect membership in either the Employees Retirement System of Georgia or the Georgia Judicial Retirement System; to provide for notice; to provide for a transfer of funds; to provide for a grant of creditable service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 395. By Representatives Forster of the 3rd, Bridges of the 10th, Bryant of the 160th, Maxwell of the 17th, Amerson of the 9th and others:
A BILL to be entitled an Act to amend Code Section 40-2-84 of the Official Code of Georgia Annotated, relating to license plates for veterans awarded Purple Heart, so as to provide for a certain inscription on such license plates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 396. By Representatives Manning of the 32nd, Setzler of the 35th, Tumlin of the 38th, Cooper of the 41st, Jones of the 44th and others:
A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4749), so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

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HB 397. By Representatives Manning of the 32nd, Setzler of the 35th, Tumlin of the 38th, Cooper of the 41st, Jones of the 44th and others:
A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, so as to change the compensation of the judges and associate judges of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 398. By Representatives Miller of the 106th, Ralston of the 7th, Willard of the 49th, Smith of the 129th and Mumford of the 95th:
A BILL to be entitled an Act to amend Chapter 4 of Title 16 of the Official Code of Georgia Annotated, relating to criminal attempt, conspiracy, and solicitation, so as to change the penalties for criminal solicitation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 399. By Representatives Coleman of the 97th, Cummings of the 16th and Bridges of the 10th:
A BILL to be entitled an Act to amend Chapter 4 of Title 47 of the Official Code of Georgia Annotated, relating to the Public School Employees Retirement System, so as to reduce the normal retirement age to 60; to provide for retirement without regard to age with 30 years of creditable service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 400. By Representatives Coleman of the 97th, Cummings of the 16th and Bridges of the 10th:
A BILL to be entitled an Act 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 in the Teachers Retirement System of Georgia, so as to provide for a postretirement benefit increase; to provide for applicability; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Retirement.
HB 401. By Representatives Wix of the 33rd, Hanner of the 148th, Parrish of the 156th and Morris of the 155th:
A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to coastal waters, beaches, and sand dunes, so as to provide for timely decision making by state agencies regarding applications for certain state permits or variances; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 402. By Representatives Tumlin of the 38th, Dollar of the 45th, Carter of the 159th, Keown of the 173rd and Knight of the 126th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate promoting emergency medical services personnel; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 403. By Representatives Jackson of the 161st, Stephens of the 164th, Bordeaux of the 162nd, Bryant of the 160th and Carter of the 159th:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the nonpartisan election of clerks of superior court and coroners; to provide for the qualifying for such offices; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 404. By Representatives Yates of the 73rd, Orrock of the 58th, Lakly of the 72nd, Freeman of the 140th, Warren of the 122nd and others:

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A BILL to be entitled an Act to amend Code Section 34-8-194 of the Official Code of Georgia Annotated, relating to grounds for disqualification of unemployment benefits, so as to provide that leaving an employer because of the transfer of a spouse from one military assignment to another shall not disqualify a person from such benefits; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.
HB 405. By Representatives Reece of the 11th, Stephens of the 164th, Yates of the 73rd and Smith of the 13th:
A BILL to be entitled an Act to amend Article 1 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the Department of Veterans Service, so as to provide for a Georgia War Veterans Nursing Home Trust Fund; to provide for funds and rules related thereto; to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special license plates promoting such program and related activities; 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.
Referred to the Committee on Ways & Means.
HB 406. By Representatives Willard of the 49th and Oliver of the 83rd:
A BILL to be entitled an Act to amend Article 10 of Chapter 12 of Title 53 of the O.C.G.A., relating to allocation of principal and income, so as to change provisions relating to the duty of the trustee as to receipts and expenditures; to provide for general principles relating to the allocation of principal and income; to provide for the discretionary power of a trustee to adjust the trust receipts between principal and income; to provide for requirements and prohibitions in adjustments; to provide for the criteria and procedure for conversion to a unitrust; to provide for judicially approved conversion; to provide for requirements and prohibitions in conversions; to provide for remedies; to correct a cross-reference; to amend Article 9 of Chapter 12 of Title 53 of the O.C.G.A., relating to trustees duties and liabilities; to amend Code Section 15-9-127 of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Judiciary.
HB 407. By Representative Golick of the 34th:
A BILL to be entitled an Act to amend Title 33 of the O.C.G.A., relating to insurance, so as to authorize the Commissioner to place administrators on probation and to provide penalties against administrators for certain violations; to provide for certain additional regulations of nonresident representatives who represent life insurers in certain military installations; to provide certain definitions; to provide for certain disclosures by counselors; to provide for certain exceptions; to provide for certain licensing for third party administrators; to provide certain procedures and standards for approval or rejection of such licenses; to provide for probationary licenses; to provide for certain bonds and insurance for administrators; to require administrators to be subject to certain examinations; to revise the provisions of law concerning the Georgia Insurers Insolvency Pool; to provide for certain definitions; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 408. By Representative Channell of the 116th:
A BILL to be entitled an Act to amend an Act providing for the board of education of Greene County, approved March 12, 1986 (Ga. L. 1986, p. 3696), as amended, so as to increase the compensation of the members and chairperson of the board; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 173. By Representatives Lane of the 158th and Stephens of the 164th:
A RESOLUTION designating a Blue Star Memorial Highway in Pembroke, Georgia; and for other purposes.
Referred to the Committee on Transportation.
HR 192. By Representatives Smith of the 168th, Richardson of the 19th and Ehrhart of the 36th:
A RESOLUTION amending the Rules of the House of Representatives with respect to local legislation; and for other purposes.

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Referred to the Committee on Rules.

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

HB 337 HB 338 HB 339 HB 341 HB 342 HB 343 HB 344 HB 345 HB 346 HB 347 HB 348 HB 349 HB 350 HB 351 HB 352 HB 353 HB 354 HB 355 HB 356 HB 357 HB 358 HB 359 HB 360 HB 361 HB 362 HB 363

HB 364 HB 365 HB 366 HB 367 HB 368 HB 369 HB 370 HB 371 HB 372 HB 373 HB 374 HB 375 HB 376 HB 377 HB 378 HB 392 HB 393 HB 394 HR 166 HR 167 HR 168 HR 169 HR 170 HR 171 SB 55 SB 68

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

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 9, 2005

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 15th Legislative Day as enumerated below:

DEBATE CALENDAR

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427

Open Rule

HB 10 HR 14

Female genital mutilation; define offense; penalties; exceptions Hybrid or alternative fuel vehicles; urge Congress allow use in high occupancy vehicle lanes

Modified Open Rule

None

Modified Structured Rule

HB 218

Public records; economic development; exemption and disclosure of certain records (AM 19 0857)

Structured Rule

HB 263

Income tax; deduction; cost of certain classroom supplies and materials by educators

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

Respectfully submitted, /s/ Ehrhart of the 36th
Chairman

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 56. By Senators Thomas of the 54th, Unterman of the 45th, Harbison of the 15th, Hooks of the 14th, Pearson of the 51st and others:

A BILL to be entitled an Act to amend Chapter 14 of Title 31 of the Official Code of Georgia Annotated, relating to hospitalization for tuberculosis, so as to revise a definition; to revise obsolete references; to revise certain provisions relative to confinement of patients committed for tuberculosis treatment; to revise certain provisions relative to continuation of confinement of patients

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committed for tuberculosis treatment; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 87. By Senators Bulloch of the 11th, Hudgens of the 47th and Kemp of the 46th:
A BILL to be entitled an Act to amend Article 2 of Chapter 11 of Title 2 of the Official Code of Georgia Annotated, the "Georgia Seed Law," so as to preempt certain local ordinances relating to seeds; to provide certain exemptions; to repeal conflicting laws; and for other purposes.
SB 88. By Senators Bulloch of the 11th, Hudgens of the 47th and Kemp of the 46th:
A BILL to be entitled an Act to amend Article 1 of Chapter 12 of Title 2 of the Official Code of Georgia Annotated, the "Georgia Fertilizer Act of 1997," so as to preempt certain local ordinances relating to fertilizer; to provide certain exemptions; to repeal conflicting laws; and for other purposes.
SB 89. By Senators Thomas of the 54th, Unterman of the 45th and Smith of the 52nd:
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 Schedule I controlled substances; 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 97. By Senators Hamrick of the 30th, Mullis of the 53rd, Kemp of the 46th, Unterman of the 45th and Tate of the 38th:
A BILL to be entitled an Act to amend Code Section 15-11-71 of the Official Code of Georgia Annotated, relating to juvenile court supervision fees, so as to provide that fees may be used for truancy intervention services; 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 33. By Senators Balfour of the 9th, Unterman of the 45th, Shafer of the 48th, Harp of the 29th, Thompson of the 5th and others:
A RESOLUTION approving the creation of a new four-year college in Gwinnett County by the Board of Regents of the University System of Georgia; and for other purposes.

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429

The Senate has adopted by the requisite constitutional majority the following resolution of the House:

HR 165. By Representatives Keen of the 179th and Porter of the 143rd:

A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes.

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

SB 56.

By Senators Thomas of the 54th, Unterman of the 45th, Harbison of the 15th, Hooks of the 14th, Pearson of the 51st and others:

A BILL to be entitled an Act to amend Chapter 14 of Title 31 of the Official Code of Georgia Annotated, relating to hospitalization for tuberculosis, so as to revise a definition; to revise obsolete references; to revise certain provisions relative to confinement of patients committed for tuberculosis treatment; to revise certain provisions relative to continuation of confinement of patients committed for tuberculosis treatment; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health & Human Services.

SB 87. By Senators Bulloch of the 11th, Hudgens of the 47th and Kemp of the 46th:

A BILL to be entitled an Act to amend Article 2 of Chapter 11 of Title 2 of the Official Code of Georgia Annotated, the "Georgia Seed Law," so as to preempt certain local ordinances relating to seeds; to provide certain exemptions; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Agriculture & Consumer Affairs.

SB 88. By Senators Bulloch of the 11th, Hudgens of the 47th and Kemp of the 46th:

A BILL to be entitled an Act to amend Article 1 of Chapter 12 of Title 2 of the Official Code of Georgia Annotated, the "Georgia Fertilizer Act of 1997," so as to preempt certain local ordinances relating to fertilizer; to provide certain exemptions; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Agriculture & Consumer Affairs.

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SB 89.

By Senators Thomas of the 54th, Unterman of the 45th and Smith of the 52nd:

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 Schedule I controlled substances; 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.

Referred to the Committee on Judiciary Non-Civil.

SB 97.

By Senators Hamrick of the 30th, Mullis of the 53rd, Kemp of the 46th, Unterman of the 45th and Tate of the 38th:

A BILL to be entitled an Act to amend Code Section 15-11-71 of the Official Code of Georgia Annotated, relating to juvenile court supervision fees, so as to provide that fees may be used for truancy intervention services; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary Non-Civil.

SR 33.

By Senators Balfour of the 9th, Unterman of the 45th, Shafer of the 48th, Harp of the 29th, Thompson of the 5th and others:

A RESOLUTION approving the creation of a new four-year college in Gwinnett County by the Board of Regents of the University System of Georgia; and for other purposes.

Referred to the Committee on Higher Education.

The following members were recognized during the period of Morning Orders and addressed the House:

Royal of the 171st, Butler of the 18th, and Mosby of the 90th.

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

HR 194. By Representative Floyd of the 147th:

A RESOLUTION recognizing the Cordele-Crisp County Fish Fry and commending Mr. Ferrell Henry, Mr. Don Tucker, Mr. Jimmy Black, and Mr.

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431

Phil Streetman and inviting the cooking team to appear before the House of Representatives; and for other purposes.

HR 195. By Representatives Harbin of the 118th and Burmeister of the 119th:

A RESOLUTION recognizing and commending Kristan Glover for her outstanding athletic performance, and inviting her to appear before the House of Representatives; and for other purposes.

HR 196. By Representatives Floyd of the 147th and Coleman of the 144th:

A RESOLUTION commending the Hawkinsville High School Red Devils football team and inviting the team to the House of Representatives; and for other purposes.

HR 199. By Representatives Smith of the 113th, Crawford of the 127th, Ehrhart of the 36th, Royal of the 171st, Roberts of the 154th and others:

A RESOLUTION recognizing and commending the 4-H Clubs of Georgia and inviting Mr. Scottie Rowell, Dr. Roger C. (Bo) Ryles, Dr. Mel Garber, and the 2004-2005 4-H Leadership Team 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 263. By Representatives Roberts of the 154th, Golick of the 34th, Smith of the 129th, Freeman of the 140th, Dollar of the 45th and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide a deduction for the cost of certain classroom supplies, equipment, and materials paid by certain educators; to provide for related matters; to provide for effective dates 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 Abdul-Salaam Y Amerson

Y Crawford Y Cummings

Y Holmes Y Holt

Y Maxwell Y May

Y Sailor Y Scheid

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Y Anderson Y Ashe Y Barnard
Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux
Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Davis Y Day
Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England
Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A

Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight
Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y McCall E McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Scott, A Y Scott, M Y Setzler E Shaw Y Sheldon Y Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R E Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren
Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 163, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

The hour of convening the Joint Session pursuant to HR 165 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Honorable Norman S. Fletcher, Chief Justice of the Supreme Court, was called to order by the President of the Senate, Lieutenant Governor Mark Taylor.

The Resolution calling for the Joint Session was read.

The Honorable Norman S. Fletcher appeared upon the floor of the House and addressed the Joint Session.

WEDNESDAY, FEBRUARY 9, 2005

433

Senator Stephens of the 27th moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.

The President of the Senate, Lieutenant Governor Mark Taylor, announced the Joint Session dissolved.

The Speaker called the House to order.

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:

HR 14. By Representatives Casas of the 103rd, Cox of the 102nd, Rice of the 51st, Dollar of the 45th and Davis of the 109th:

A RESOLUTION requesting that the United States Congress work to pass legislation allowing hybrid or alternative fueled passenger vehicles to use high occupancy vehicle (HOV) lanes; 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:

Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard
Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux
Borders Y Bridges Y Brooks Y Brown
Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns

Y Crawford Y Cummings Y Davis
Day Dean Y Dickson Dodson Y Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick

Y Holmes Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson
Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S
Jordan Y Keen Y Keown Y Kidd Y Knight
Knox Y Lakly

Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford
Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Sailor Y Scheid N Scott, A Y Scott, M Y Setzler E Shaw Y Sheldon
Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R E Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M

434

JOURNAL OF THE HOUSE

Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Graves, D Y Graves, T
Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Lunsford Maddox Y Mangham Y Manning Y Marin Y Martin

Y Porter Y Powell Y Ralston
Randall Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the adoption of the Resolution, the ayes were 151, nays 2.

The Resolution, having received the requisite constitutional majority, was adopted.

Representative Maddox of the 172nd 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 Keen of the 179th assumed the chair.

The following Resolution of the House, having been postponed from the previous legislative day, was taken up for consideration and read the third time:

HR 63. By Representatives Mills of the 25th and O`Neal of the 146th:

A RESOLUTION requesting that the congressional delegation of the State of Georgia work to pass social security personal retirement accounts; and for other purposes.

Representative Burkhalter of the 50th moved the previous question.

The motion prevailed.

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:

Abdul-Salaam Y Amerson N Anderson

Y Crawford N Cummings Y Davis

N Holmes Y Holt Y Horne

Y Maxwell Y May
McCall

N Sailor Y Scheid Y Scott, A

WEDNESDAY, FEBRUARY 9, 2005

435

N Ashe Y Barnard N Barnes Y Bearden N Beasley-Teague N Benfield N Benton N Black N Bordeaux
Borders Y Bridges N Brooks Y Brown
Bruce N Bryant N Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers N Channell N Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T Y Cooper Y Cox

Y Day N Dean Y Dickson Y Dodson Y Dollar N Drenner N Dukes Y Ehrhart N England N Epps Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T N Greene N Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A

Y Houston N Howard
Hudson N Hugley N Jackson N Jacobs N James N Jamieson Y Jenkins E Jennings N Johnson Y Jones, J N Jones, S
Jordan Keen Y Keown N Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey N Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin Y Martin

E McClinton Y Meadows Y Millar Y Miller Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock N Parham N Parrish Y Parsons N Porter
Powell Ralston N Randall N Ray N Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Royal Y Rynders

Y Scott, M Y Setzler E Shaw Y Sheldon
Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker N Warren N Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Richardson, Speaker

On the adoption of the Resolution, the ayes were 95, nays 70.

The Resolution, having received the requisite constitutional majority, was adopted.

HB 10. By Representatives Oliver of the 83rd, Benfield of the 85th, McClinton of the 84th, Drenner of the 86th and Henson of the 87th:

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 that certain statutory privileges shall not be available; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

436

JOURNAL OF THE HOUSE

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 for penalties; to provide for exceptions; to provide that certain statutory privileges shall not be available; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 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 16-5-27 to read as follows:
"16-5-27. (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 under 18 years of age; (2) Who is a parent, guardian, or has immediate custody or control of a female under 18 years of age and knowingly consents to or permits 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 18 years of age 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 five 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. This Code section shall also not apply to any autopsy or limited dissection as defined by Code Section 4516-21 which is conducted in accordance with Article 2 of Chapter 16 of Title 45. (d) Consent of the female under 18 years of age or the parent, guardian, or custodian of the female under 18 years of age shall not be a defense to the offense of female genital mutilation. Religion, ritual, custom, or standard practice shall not 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 18 years of age, but such person shall be compellable to give evidence only on the specific act for which the defendant is charged."

WEDNESDAY, FEBRUARY 9, 2005

437

SECTION 2. This Act shall become effective on July 1, 2005, and shall apply to all offenses committed on or after such date.

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:

Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux
Borders Y Bridges Y Brooks Y Brown
Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T
Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes
Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd
Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T
Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson
Jones, J Y Jones, S
Jordan Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Manning Y Marin Y Martin

Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sailor Scheid
Y Scott, A Y Scott, M
Setzler E Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B
Tumlin Y Walker Y Warren
Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R
Wix Y Yates
Richardson, Speaker

438

JOURNAL OF THE HOUSE

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.
Representatives Jones of the 46th, Setzler of the 35th, Tumlin of the 38th, and Wix of the 33rd 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.
HB 218. By Representatives Stephens of the 164th, Horne of the 71st and Cheokas of the 134th:
A BILL to be entitled an Act to amend Code Section 50-14-3 of the Official Code of Georgia Annotated, relating to proceedings excluded from the provisions of Chapter 14 of Title 50, so as to provide a new exclusion from such provisions; 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 of an agency engaged in a program of economic development; to provide for disclosure of such records under certain conditions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL
To amend Code Section 50-14-3 of the Official Code of Georgia Annotated, relating to proceedings excluded from the provisions of Chapter 14 of Title 50, so as to provide a new exclusion from such provisions; 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 of an agency engaged in a program of economic development; to provide for disclosure of such records under certain conditions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 50-14-3 of the Official Code of Georgia Annotated, relating to proceedings excluded from the provisions of Chapter 14 of Title 50, is amended by striking paragraph

WEDNESDAY, FEBRUARY 9, 2005

439

(9) and inserting in lieu thereof a new paragraph (9) to read as follows: "(9) Meetings when discussing any records that are exempt from public inspection or disclosure pursuant to paragraph (15) or paragraph (18) of subsection (a) of Code Section 50-18-72 or when discussing any information a record of which would be exempt from public inspection or disclosure under said paragraph."
SECTION 2. 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, is amended in subsection (a) by striking the word "or" at the end of paragraph (16), by substituting "; or" for the period at the end of paragraph (17), and by inserting at the end thereof a new paragraph (18) to read as follows:
"(18)(A) Records of an agency engaged in a program of economic development that would:
(i) Identify or reveal private persons, businesses, any other agency or entities contacted or being solicited by the agency in carrying out the development functions of the agency; (ii) Reveal the terms of any agreement or proposed agreement being negotiated by and between an agency and any private persons, businesses, any other agency or entities in carrying out such program; or (iii) Contain data, records, or information of a proprietary nature, produced or collected by or for the agency or other governmental agencies, in the conduct of or as a result of, study or research on commercial, economic, or marketing aspects of the economic development program. (B) For the purposes of this paragraph, a program of economic development is one established by an agency for the purpose of maintaining, supporting, or expanding the economic or employment base of the jurisdiction that establishes the program. (C) Records not subject to disclosure pursuant to subparagraph (A) of this paragraph shall become subject to public disclosure once the agency, person, business, or entity publicly announces that the entity or business that is the subject of negotiations will be retained, expanded, or located in the jurisdiction or that negotiations to do so have been terminated or abandoned."
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.
Representative Royal of the 171st moved the previous question.
On the motion, the roll call was ordered and the vote was as follows:

440

JOURNAL OF THE HOUSE

N Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard Y Barnes N Bearden N Beasley-Teague N Benfield Y Benton N Black N Bordeaux
Borders Y Bridges N Brooks Y Brown Y Bruce Y Bryant N Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Crawford N Cummings Y Davis Y Day N Dean Y Dickson Y Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger
Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin N Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A

N Holmes Y Holt Y Horne Y Houston
Howard Hudson N Hugley N Jackson N Jacobs N James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown N Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Lord Y Loudermilk Lucas Y Lunsford Y Maddox N Mangham N Manning N Marin Y Martin

Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Miller Y Mills N Mitchell N Morgan Y Morris N Mosby N Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons N Porter Y Powell Y Ralston N Randall N Ray N Reece, B Y Reece, S Y Reese Y Rice
Roberts Y Rogers Y Royal Y Rynders

N Sailor Scheid
Y Scott, A Y Scott, M N Setzler E Shaw Y Sheldon Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T
Smith, V N Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B N Tumlin Y Walker N Warren N Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 109, nays 58.

The motion prevailed.

The following amendment was read and adopted:

Representative Stephens of the 164th moves to amend the Committee substitute to HB 218 on page 2 by striking the quotation marks at the end of line 18 and by inserting after line 18 a new subparagraph (D) immediately after subparagraph (C) to read as follows:

"(D) Nothing in this paragraph shall be construed to exempt any records necessary for or related to:

WEDNESDAY, FEBRUARY 9, 2005

441

(i) The exercise of local government zoning powers pursuant to Chapter 66 of Title 36; (ii) An application for a permit required by the Environmental Protection Division of the Department of Natural Resources pursuant to Title 12; or (iii) The development or implementation of any comprehensive plan required by Article 1 of Chapter 70 of Title 36. Furthermore, nothing in this paragraph shall be construed to exclude hearings or meetings to discuss any such zoning decisions, permit applications, or comprehensive plans from the requirements of Chapter 14 of Title 50.'"

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 Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard Y Barnes N Bearden N Beasley-Teague N Benfield Y Benton N Black N Bordeaux
Borders Y Bridges N Brooks Y Brown N Bruce Y Bryant N Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole

N Crawford Y Cummings Y Davis Y Day N Dean Y Dickson Y Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall

N Holmes Y Holt Y Horne Y Houston Y Howard
Hudson N Hugley N Jackson N Jacobs Y James Y Jamieson
Jenkins E Jennings N Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox

Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Miller Y Mills N Mitchell N Morgan Y Morris N Mosby N Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal N Oliver
O'Neal N Orrock Y Parham Y Parrish Y Parsons N Porter N Powell Y Ralston N Randall N Ray N Reece, B Y Reece, S Y Reese Y Rice

N Sailor Scheid
Y Scott, A Y Scott, M Y Setzler E Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B N Tumlin Y Walker Y Warren N Watson Y Wilkinson Y Willard Y Williams, A N Williams, E

442

JOURNAL OF THE HOUSE

Y Coleman, B Y Coleman, T N Cooper Y Cox

Y Hembree N Henson Y Hill, C Y Hill, C.A

N Mangham Y Manning Y Marin Y Martin

Y Roberts Y Rogers Y Royal N Rynders

Y Williams, R N Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 118, nays 52.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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 "aye" thereon.

Representative Kidd of the 115th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

To the Clerk:

Please enter on the Journal my explanation of my vote:

I voted against HB 218 because I don't particularly trust government. And I especially don't trust government to come forward and reveal - unless it has to - when negotiations have been abandoned, and thereby be required, under this legislation, to reveal the secret deals. We were prohibited from even proposing an amendment to correct this. The public has a right to know how their money is being spent, and because under this bill they will not, I have voted against it.

/s/ Tom Bordeaux of the 162nd

The following Resolution of the House was read:

HR 198. By Representatives Keen of the 179th and Porter of the 143rd

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 2005 regular session of the General Assembly for the period of February 10, 2005, through March 2, 2005, shall be as follows:

WEDNESDAY, FEBRUARY 9, 2005

443

Thursday, February 10 ...............................................in session for legislative day 16 Friday, February 11 ....................................................in adjournment Saturday, February 12 ................................................in adjournment Sunday, February 13...................................................in adjournment Monday, February 14 .................................................in session for legislative day 17 Tuesday, February 15 .................................................in session for legislative day 18 Wednesday, February 16 ............................................in session for legislative day 19 Thursday, February 17 ...............................................in session for legislative day 20 Friday, February 18 ....................................................in session for legislative day 21 Saturday, February 19 ................................................in adjournment Sunday, February 20...................................................in adjournment Monday, February 21 .................................................in adjournment Tuesday, February 22 .................................................in session for legislative day 22 Wednesday, February 23 ............................................in session for legislative day 23 Thursday, February 24 ...............................................in session for legislative day 24 Friday, February 25 ....................................................in session for legislative day 25 Saturday, February 26 ................................................in adjournment Sunday, February 27...................................................in adjournment Monday, February 28 .................................................in adjournment Tuesday, March 1 .......................................................in adjournment Wednesday, March 2 ..................................................in session for legislative day 26
BE IT FURTHER RESOLVED that on and after March 2, 2005, the periods of adjournment of the 2005 session, if any, shall be as specified by subsequent resolution of the General Assembly, except that for the remainder of the 2005 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 Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux
Borders

Y Crawford Cummings
Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps

Y Holmes Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings

Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan
Morris Y Mosby Y Mosley

Y Sailor Scheid
Y Scott, A Y Scott, M Y Setzler E Shaw Y Sheldon Y Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L
Smith, P

444

JOURNAL OF THE HOUSE

Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T
Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the adoption of the Resolution, the ayes were 165, nays 0.

The Resolution was adopted.

The following Resolutions of the House were read and adopted:

HR 203. By Representative Jenkins of the 8th:

A RESOLUTION congratulating Mrs. Dora Hunter Allison Spiva on the occasion of her 100th birthday; and for other purposes.

HR 204. By Representative Parsons of the 42nd:

A RESOLUTION commending and expressing gratitude to Action Ministries, Inc.; and for other purposes.

HR 205. By Representatives Tumlin of the 38th, Manning of the 32nd, Johnson of the 37th, Franklin of the 43rd, Parsons of the 42nd and others:

A RESOLUTION congratulating Ruth Anderson Northcutt on the occasion of her 100th birthday; and for other purposes.

HR 206. By Representative Stephens of the 164th:

WEDNESDAY, FEBRUARY 9, 2005

445

A RESOLUTION commending Robert Andary on becoming an Eagle Scout; and for other purposes.
HR 207. By Representative Royal of the 171st:
A RESOLUTION expressing regret at the passing of Honorable George Arthur Horkan, Jr.; and for other purposes.
HR 208. By Representative Stephens of the 164th:
A RESOLUTION commending Kevin Hayes on becoming an Eagle Scout; and for other purposes.
HR 209. By Representatives Hill of the 21st, Scheid of the 22nd, Byrd of the 20th and Murphy of the 23rd:
A RESOLUTION commending the Sequoyah High School Chiefs football team; and for other purposes.
HR 210. By Representatives Hill of the 21st, Scheid of the 22nd, Byrd of the 20th and Murphy of the 23rd:
A RESOLUTION commending the Cherokee High School Warriors football team; and for other purposes.
HR 211. By Representatives Butler of the 18th, Horne of the 71st, Millar of the 79th, Cox of the 102nd, Smith of the 129th and others:
A RESOLUTION commending the Auburn University football team; and for other purposes.
HR 212. By Representatives Keown of the 173rd, Tumlin of the 38th, Neal of the 1st and Mills of the 25th:
A RESOLUTION recognizing the contributions of Georgia's prison chaplains and declaring March 31, 2005, Prison Chaplains' Appreciation Day; and for other purposes.
HR 213. By Representatives Harbin of the 118th, Burkhalter of the 50th and Burmeister of the 119th:

446

JOURNAL OF THE HOUSE

A RESOLUTION declaring May as Stroke Awareness Month in Georgia and encouraging the citizens of Georgia to discuss stroke prevention with their health care providers; and for other purposes.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 202. By Representatives Davis of the 109th, Lunsford of the 110th, Yates of the 73rd, Watson of the 91st, Barnes of the 78th and others:
A RESOLUTION commending Youth Leadership Henry for its outstanding contributions to the community and inviting its members to appear before the House of Representatives; and for other purposes.
Representative Manning of the 32nd 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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 180 Do Pass, by Substitute HB 212 Do Pass, by Substitute
Respectfully submitted, /s/ Manning of the 32nd
Chairman
Representative Ralston of the 7th District, Chairman of the Committee on Judiciary Non-civil, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary Non-civil 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 57 Do Pass
Respectfully submitted, /s/ Ralston of the 7th
Chairman

WEDNESDAY, FEBRUARY 9, 2005

447

Representative Day of the 163rd 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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 240 Do Pass, as Amended HB 289 Do Pass HB 294 Do Pass

Respectfully submitted, /s/ Day of the 163rd
Chairman

Representative Graves of the 137th 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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 196 Do Pass HB 207 Do Pass, by Substitute

HB 246 Do Pass HB 266 Do Pass

Respectfully submitted, /s/ Graves of the 137th
Chairman

Representative Bridges of the 10th District, Chairman of the Committee on Retirement, submitted the following report:

Mr. Speaker:

Your Committee on Retirement 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 319 Do Pass

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Respectfully submitted, /s/ Bridges of the 10th
Chairman
Representative O'Neal of the 146th 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 House and has instructed me to report the same back to the House with the following recommendation:
HB 1 Do Pass, by Substitute
Respectfully submitted, /s/ O'Neal of the 146th
Chairman
The following communications were received:
Legislative Services Committee
Office of Legislative Counsel 316 State Capitol Atlanta, GA 30334 February 3, 2005
Honorable Cathy Cox Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Cathy:
Enclosed is a certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable Roy Herrington was elected as a member of the State Transportation Board from the 1st Congressional District. He will serve for a term beginning April 16, 2005, and expiring April 15, 2010. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.
With best regards, I am

WEDNESDAY, FEBRUARY 9, 2005

449

Sincerely yours, /s/ Sewell
Sewell R. Brumby Legislative Counsel
SRB:df Enclosures cc: Honorable Sonny Perdue
Honorable Mark Taylor Honorable Glenn Richardson Honorable Roy Herrington Honorable Eric Johnson Honorable Tommie Williams Mr. Harold Linnenkohl Mr. Frank Eldridge, Jr. Mr. Robert E. Rivers, Jr.
Legislative Services Committee
Office of Legislative Counsel 316 State Capitol Atlanta, GA 30334
TO: HONORABLE CATHY COX SECRETARY OF STATE
This is to certify that Honorable Roy Herrington has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the 1st Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 2005, and expiring April 15, 2010.
This 3rd day of February, 2005.
/s/ Mark Taylor President of the Senate
/s/ Glenn Richardson Speaker, House of Representatives
Legislative Services Committee
Office of Legislative Counsel 316 State Capitol Atlanta, GA 30334

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February 3, 2005
Honorable Cathy Cox Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Cathy:
Enclosed is a certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable Johnny Gresham was elected as a member of the State Transportation Board from the 6th Congressional District. He will serve for a term beginning April 16, 2005, and expiring April 15, 2010. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.
With best regards, I am
Sincerely yours, /s/ Sewell
Sewell R. Brumby Legislative Counsel
SRB:df Enclosures cc: Honorable Sonny Perdue
Honorable Mark Taylor Honorable Glenn Richardson Honorable Johnny Gresham Honorable Bill Stephens Honorable Matt Dollar Mr. Harold Linnenkohl Mr. Frank Eldridge, Jr. Mr. Robert E. Rivers, Jr.
Legislative Services Committee
Office of Legislative Counsel 316 State Capitol Atlanta, GA 30334
TO: HONORABLE CATHY COX SECRETARY OF STATE

WEDNESDAY, FEBRUARY 9, 2005

451

This is to certify that Honorable Johnny Gresham has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the 6th Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 2005, and expiring April 15, 2010.
This 3rd day of February, 2005.
/s/ Mark Taylor President of the Senate
/s/ Glenn Richardson Speaker, House of Representatives
Legislative Services Committee
Office of Legislative Counsel 316 State Capitol Atlanta, GA 30334 February 3, 2005
Honorable Cathy Cox Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Cathy:
Enclosed is a certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable Raybon Anderson was elected as a member of the State Transportation Board from the 12th Congressional District. He will fill the current vacancy and serve the remainder of the term, which expires April 15, 2008. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.
With best regards, I am
Sincerely yours, /s/ Sewell
Sewell R. Brumby Legislative Counsel
SRB:df Enclosures

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cc: Honorable Sonny Perdue Honorable Mark Taylor Honorable Glenn Richardson Honorable Raybon Anderson Honorable Eric Johnson Honorable Sistie Hudson Mr. Harold Linnenkohl Mr. Frank Eldridge, Jr. Mr. Robert E. Rivers, Jr.
Legislative Services Committee
Office of Legislative Counsel 316 State Capitol Atlanta, GA 30334
TO: HONORABLE CATHY COX SECRETARY OF STATE
This is to certify that Honorable Raybon Anderson has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the 12th Congressional District to fill the current vacancy and serve the remainder of the term, which expires April 15, 2010.
This 3rd day of February, 2005.
/s/ Mark Taylor President of the Senate
/s/ Glenn Richardson Speaker, House of Representatives
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.

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453

Representative Hall, Atlanta, Georgia

Thursday, February 10, 2005

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:

Abdul-Salaam Ashe Barnard Barnes Bearden Benfield Benton Black E Borders Bridges Brooks Brown Bryant Buckner, D Burkhalter Burns Butler Byrd Carter Casas Chambers Cheokas Cole Coleman, B Cooper Cox

Crawford Cummings Davis Dickson Dodson Ehrhart England Epps Fleming Floyd, H Floyd, J Forster Franklin Freeman Geisinger Graves, D Graves, T Greene Hatfield Heard, J Heard, K Hembree Hill, C Hill, C.A Holt Horne

Howard Hugley Jackson Jacobs James Jenkins E Jennings Johnson Jones, J Jones, S Jordan Keen Keown Kidd Knight Knox Lakly Lane, R Lewis Lindsey Lord Loudermilk Maddox Mangham Marin Martin

May E McClinton
Meadows Miller Mills Mitchell E Mosby Mosley Mumford Murphy, J Murphy, Q Neal Oliver O'Neal Parham Parrish Parsons Porter Ralston E Randall Ray Reece, B Reece, S Reese Rice Roberts

Royal Rynders Scheid Scott, A Setzler E Shaw Sheldon Sims, F Smith, B Smith, L Smith, P Smith, R Smith, T Talton Teilhet Thomas, B Tumlin Warren Watson Wilkinson Willard Williams, A Williams, E Williams, R Yates Richardson, Speaker

The following members were off the floor of the House when the roll was called:

Representatives Amerson of the 9th, Anderson of the 123rd, Beasley-Teague of the 65th, Bordeaux of the 162nd, Bruce of the 64th, Buckner of the 76th, Burmeister of the 119th, Channell of the 116th, Coleman of the 144th, Dean of the 59th, Dollar of the 45th, Drenner of the 86th, Dukes of the 150th, Fludd of the 66th, Gardner of the 57th, Golick of the 34th, Hanner of the 148th, Harbin of the 118th, Heckstall of the 62nd, Henson of the 87th, Holmes of the 61st, Houston of the 170th, Jamieson of the 28th, Lane of the 158th, Lucas of the 139th, Maxwell of the 17th, McCall of the 30th, Millar of the 79th, Morgan of the 39th, Morris of the 155th, Orrock of the 58th, Powell of the 29th, Rogers of the 26th, Sailor of the 93rd, Scott of the 2nd, Sinkfield of the 60th, Smith of the 129th,

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Smyre of the 132nd, Stanley-Turner of the 53rd, Stephens of the 164th, Stephenson of the 92nd, Thomas of the 55th, Walker of the 107th, and Wix of the 33rd.
They wish to be recorded as present.
The following communication was received:
2/10/05 Robbie Rivers, Clerk Georgia House of Representatives Atlanta, GA 30334
Mr. Rivers,
I respectfully request that you enter into the record this date that I did request an excused absence on 2/9/05 through my secretary, Pat Alexander. Thank you for your consideration of this matter.
Respectfully submitted, /s/ Rep. Sistie Hudson
District 124
Prayer was offered by Dr. Richard Walker, Pastor, Macland Baptist Church, Powder Springs, Georgia.
The members pledged allegiance to the flag.
Representative Heard of the 104th, Chairman of the Committee on Information and Audits, 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.

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455

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 were introduced, read the first time and referred to the Committees:
HB 409. By Representatives Amerson of the 9th and Reece of the 27th:
A BILL to be entitled an Act to amend an Act creating the board of commissioners of Lumpkin County, approved April 13, 2001 (Ga. L. 2001, p. 4272), as amended, so as to change certain provisions requiring sealed bids for certain purchases; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 410. By Representatives Amerson of the 9th and Reece of the 27th:
A BILL to be entitled an Act to amend an Act placing the tax commissioner of Lumpkin County upon an annual salary, approved April 3, 1972 (Ga. L. 1972, p. 3854), as amended, so as to change the provisions relating to the compensation of the tax commissioner; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 411. By Representatives Amerson of the 9th and Reece of the 27th:
A BILL to be entitled an Act to amend an Act placing the Clerk of the Superior Court and the Judge of the Probate Court of Lumpkin County upon an annual salary, approved April 3, 1972 (Ga. L. 1972, p. 3851), as amended, so as to change the provisions relating to the compensation of the clerk of the superior court and the judge of the probate court; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 412. By Representatives Amerson of the 9th and Reece of the 27th:
A BILL to be entitled an Act to amend an Act placing the Sheriff of Lumpkin County upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p.

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2469), as amended, so as to change the provisions relating to the compensation of the sheriff; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 413. By Representatives Amerson of the 9th and Reece of the 27th:
A BILL to be entitled an Act to authorize the Probate Court of Lumpkin County to charge a technology fee for each criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 414. By Representatives Amerson of the 9th and Reece of the 27th:
A BILL to be entitled an Act to authorize the Magistrate Court of Lumpkin County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 415. By Representative Floyd of the 147th:
A BILL to be entitled an Act to create a board of elections and registration for Crisp County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

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457

HB 416. By Representatives Ralston of the 7th, Ehrhart of the 36th, Coleman of the 144th and Parrish of the 156th:
A BILL to be entitled an Act to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to provide for legislative findings and purposes; to provide for applicability; to provide definitions; to provide that physical impairment shall be an essential element of an asbestos claim or a silica claim; to provide for a limitations period for filing a claim; to provide for dismissal of pending claims under certain conditions; to provide for general rules applicable to new filings; to provide for forum non conveniens; to provide for venue; to provide for joinder and consolidation of claims; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 417. By Representative Powell of the 29th:
A BILL to be entitled an Act to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to health care facilities, so as to provide a short title; to provide definitions; to require certain reports by hospitals and ambulatory surgical centers concerning hospital acquired infections; to require certain reports by the Department of Human Resources; to provide for an advisory committee and its membership and duties; to provide for sanctions for failure to make reports; to provide for enforcement; to provide for sanctions for violations; to provide for privacy; to provide for publication and availability of such reports; to authorize the department to promulgate rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 418. By Representatives Maxwell of the 17th, Knox of the 24th, Meadows of the 5th, Murphy of the 120th, Dodson of the 75th and others:
A BILL to be entitled an Act to amend Code Section 33-24-44 of the Official Code of Georgia Annotated, relating to cancellation of policies generally, so as to provide for electronic notice of cancellation of policies to lienholders; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.

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HB 419. By Representatives Day of the 163rd and Bridges of the 10th:
A BILL to be entitled an Act to amend Code Section 15-21-2 of the Official Code of Georgia Annotated, relating to payment into county treasuries of fines and forfeitures, so as to provide for payment of certain moneys arising from traffic fines to the Georgia Department of Public Safety for payment into the state treasury; to amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals relative to prosecution of misdemeanor traffic offenses, so as to provide for payment of certain moneys arising from traffic fines to the Department of Public Safety for payment into the state treasury; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 420. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 129th, Smith of the 131st and Buckner of the 130th:
A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 50 of the Official Code of Georgia Annotated, relating to the jurisdiction of the State of Georgia, so as to provide for the cession of concurrent jurisdiction to the United States over certain lands within the state used for the National Infantry Museum; to provide for terms and conditions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 421. By Representative Ehrhart of the 36th:
A BILL to be entitled an Act to amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school disciplinary tribunals, so as to change certain provisions relating to disciplinary policies for students committing acts of physical violence against teachers, school bus drivers, or other school officials or employees; to provide that teachers who are the victims of certain acts committed by students shall not be required to teach such students without the teachers consent; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 422. By Representatives Houston of the 170th, McCall of the 30th, Black of the 174th, Roberts of the 154th and Ray of the 136th:

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A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to dealers in agricultural products, so as to change certain provisions relating to bond requirements for dealers in agricultural products; to change certain provisions relating to penalties relative to dealers in agricultural products; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 423. By Representatives Hugley of the 133rd and Watson of the 91st:
A BILL to be entitled an Act to amend Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the effectiveness of educational programs, so as to provide that a student who does not achieve a passing score on the science portion of the high school graduation test may be eligible to graduate under certain conditions; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 424. By Representatives Hugley of the 133rd and Watson of the 91st:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to enact the "Bianca Walton Anti-Bullying Act"; to make certain changes relating to local school board policies regarding bullying in student codes of conduct; to provide that each local board of education shall establish a definition for "bullying"; to provide that policies relating to bullying behavior apply to students in kindergarten through grade 12; 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 provide for a model bullying policy by the Department of Education; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 425. By Representatives Harbin of the 118th, Knox of the 24th and Watson of the 91st:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to permit insurers to provide

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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; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 426. By Representatives Reece of the 27th, Cooper of the 41st, Stephens of the 164th, Buckner of the 130th, Oliver of the 83rd and others:
A BILL to be entitled an Act to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to enact the "Georgia Smokefree Air Act of 2005"; to prohibit smoking in certain facilities and areas; to provide for definitions; to provide for exceptions; to provide for posting of signs; to provide for violations, penalties, and state and local government enforcement and administration; to provide for construction; to provide that this prohibition shall be cumulative to other general or local acts, rules, and regulations; to repeal a former prohibition against smoking in public places; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 427. By Representatives Harbin of the 118th, Keen of the 179th and Ehrhart of the 36th:
A BILL to be entitled an Act to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of rates, underwriting rules, and related organizations, so as to provide that certain rates with regard to private passenger motor vehicle insurance may go into effect without the necessity of approval by the Commissioner of Insurance; to provide for procedures for such filings; to provide for notice and hearing in the case of filings that are not in compliance; to provide for other filings; to provide for the contents of filings; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 428. By Representatives Keen of the 179th, Ralston of the 7th and Rogers of the 26th:

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461

A BILL to be entitled an Act to amend Chapter 7 of Title 33 of the Official Code of Georgia Annotated, relating to kinds of insurance, limits of risks, and reinsurance, so as to provide an exception to the category of property insurance for warranty service agreements for major appliances, utility systems, and roofing; to provide for surety bonds; to provide for identification of an insurer or surety insurer; to provide for cancellation; to require warranty agreements that are not insurance to so state; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HR 193. By Representative Barnard of the 166th:
A RESOLUTION authorizing the conveyance of certain state owned real property located in Hamilton County, Tennessee; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions and Property.
HR 197. By Representatives Smith of the 113th and Hembree of the 67th:
A RESOLUTION creating the House Study Committee on Public Retirement Fund Investment in Venture Capital; and for other purposes.
Referred to the Committee on Retirement.
HR 200. By Representatives Forster of the 3rd, Dickson of the 6th and Neal of the 1st:
A RESOLUTION designating the Baxter Shavers Memorial Intersection; and for other purposes.
Referred to the Committee on Transportation.
HR 201. By Representatives Roberts of the 154th, Coleman of the 144th, Smith of the 168th, Sims of the 169th and Porter of the 143rd:
A RESOLUTION designating the Wendell W. Thigpen Memorial Bridge; and for other purposes.
Referred to the Committee on Transportation.
HR 214. By Representative Sims of the 169th:

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A RESOLUTION creating the Joint House and Senate All-terrain Vehicle (ATV) Safety Study Committee; and for other purposes.

Referred to the Committee on Motor Vehicles.

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

HB 379 HB 380 HB 381 HB 382 HB 383 HB 384 HB 385 HB 386 HB 387 HB 388 HB 389 HB 390 HB 391 HB 395 HB 396 HB 397 HB 398 HB 399

HB 400 HB 401 HB 402 HB 403 HB 404 HB 405 HB 406 HB 407 HB 408 HR 173 HR 192 SB 56 SB 87 SB 88 SB 89 SB 97 SR 33

Representative Smith of the 70th 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 of the House and has instructed me to report the same back to the House with the following recommendation:

HB 54 Do Pass

Respectfully submitted, /s/ Smith of the 70th
Chairman

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463

Representative Hill of the 21st District, Chairman of the Committee on Special Rules, submitted the following report:

Mr. Speaker:

Your Committee on Special Rules 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 312 Do Pass, as Amended

Respectfully submitted, /s/ Hill of the 21st
Chairman

Representative Smith of the 168th District, 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 247 HB 259 HB 262 HB 271 HB 283 HB 284 HB 295

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

HB 302 HB 321 HB 332 HB 356 HB 360 SB 42

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Smith of the 168th
Chairman

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

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 10, 2005

Mr. Speaker and Members of the House:

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The Committee on Rules has fixed the calendar for this 16th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

None

Modified Structured Rule

SB 3

Torts; evidentiary matters, civil practice; revisions of provisions (AM 29 0305, AM 29 0317, AM 29 0312, AM 14 0724)

Structured Rule

None

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

Respectfully submitted, /s/ Ehrhart of the 36th
Chairman

Representative Barnard of the 166th moved that the following Bill of the House be withdrawn from the Local Calendar and recommitted to the Committee on State Planning & Community Affairs - Local:

HB 259. By Representative Barnard of the 166th:

A BILL to be entitled an Act to provide that future elections for the office of probate judge of Evans County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The motion prevailed.

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By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 247. By Representatives Ray of the 136th and Talton of the 145th:
A BILL to be entitled an Act to amend an Act incorporating the City of Centerville, approved March 25, 1958 (Ga. L. 1958, p. 3323), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4622), so as to change the corporate limits of said city; 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.
HB 271. By Representatives Smyre of the 132nd, Smith of the 129th, Hugley of the 133rd, Smith of the 131st and Buckner of the 130th:
A BILL to be entitled an Act to amend an Act providing a new charter for the county-wide government of Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, so as to abolish the Columbus Industrial and Port Development Commission and to repeal certain Acts and constitutional amendments related to its powers, duties, and functions; to repeal an Act approved March 18, 1986 (Ga. L. 1986, p. 3780), that continued in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 47 (House Resolution 170-372) enacted at the 1965 session of the General Assembly and that was duly ratified at the 1966 general election (Ga. L. 1965, p. 702), relating to the creation of the Columbus-Muscogee County Port Development Commission; to repeal that constitutional amendment that was proposed by Resolution Act No. 47 (House Resolution 170-372) enacted at the 1965 session of the General Assembly and that was duly ratified at the 1966 general election (Ga. L. 1965, p. 702), relating to the creation of the Columbus-Muscogee County Port Development Commission; to repeal an Act approved March 18, 1986 (Ga. L. 1986, p. 3782), that continued in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 64 (House Resolution 106-252) enacted at the 1967 session of the General Assembly and that was duly ratified at the 1968 general election (Ga. L. 1967, p. 947), relating to the creation of the Muscogee County Industrial Development Authority; to repeal that constitutional amendment that was proposed by Resolution Act No. 64 (House Resolution 106-252) enacted at the 1967 session of the General Assembly and that was duly ratified at the 1968 general election (Ga. L. 1967, p. 947), relating to the creation of the

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Muscogee County Industrial Development Authority; to provide for a referendum; to provide for effective dates and automatic repeal; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended, and the duties of the governing authority of Columbus, Georgia, related thereto; 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.
HB 283. By Representatives Day of the 163rd and Stephens of the 164th:
A BILL to be entitled an Act to amend an Act amending an Act providing for a base year assessed value homestead exemption from City of Vernonburg ad valorem taxes for municipal purposes, approved May 17, 2004 (Ga. L. 2004, p. 4318), so as to correct certain typographical errors; 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.
HB 284. By Representatives Day of the 163rd and Stephens of the 164th:
A BILL to be entitled an Act to amend an Act amending an Act providing for a base year assessed value homestead exemption from City of Tybee Island ad valorem taxes for municipal purposes, approved May 17, 2004 (Ga. L. 2004, p. 4321), so as to correct certain typographical errors; 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.
HB 295. By Representatives Millar of the 79th, Watson of the 91st, Jacobs of the 80th, Chambers of the 81st, Mitchell of the 88th and others:
A BILL to be entitled an Act to amend an Act entitled the "Unincorporated DeKalb County Community Improvement District Act of 1998," approved April 2, 1998 (Ga. L. 1998, p. 4228), as amended by an Act approved January 7, 1999 (Ga. L. 1999, p. 4805), so as to increase the number of board members on the governing body of the community improvement district authorized by such Act; to change the provisions relating to filling vacancies on the governing body of the community improvement district; to provide for appointment of an elector to fill a vacancy in certain circumstances; to

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provide for the term of service of such appointed members; to limit the number of appointed members serving simultaneously; to provide for a special election to fill a vacancy in certain circumstances; 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.
HB 302. By Representative Scott of the 2nd:
A BILL to be entitled an Act to provide a homestead exemption from Dade County school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 321. By Representatives Manning of the 32nd, Ehrhart of the 36th, Cooper of the 41st, Tumlin of the 38th, Johnson of the 37th and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4373), so as to change the provisions relating to the corporate limits of the city; 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.
HB 356. By Representative Benton of the 31st:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Commerce, approved April 4, 1991 (Ga. L. 1991, p. 4042), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3926), so as to authorize the board of education to set the millage rate for the school districts property tax; to provide for related matters; 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.

HB 360. By Representative Stephens of the 164th:

A BILL to be entitled an Act to provide a new charter for the City of Richmond Hill; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for 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 other matters relative to the foregoing; to repeal specific Acts; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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

SB 42. By Senator Douglas of the 17th:

A BILL to be entitled an Act to amend an Act incorporating the City of Social Circle, approved August 4, 1904 (Ga. L. 1904, p. 626), as amended, so as to change the corporate limits of the city; 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 Abdul-Salaam Amerson
Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague

Y Crawford Y Cummings Y Davis
Day Dean Dickson Y Dodson Dollar

Y Holmes Holt
Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson

Y Maxwell Y May
McCall E McClinton Y Meadows Y Millar Y Miller
Mills

Y Sailor Y Scheid Y Scott, A
Scott, M Y Setzler E Shaw Y Sheldon Y Sims, C

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Y Benfield Y Benton Y Black
Bordeaux Borders Y Bridges Y Brooks Y Brown Y Bruce Bryant Y Buckner, D Y Buckner, G Y Burkhalter Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Y Cooper Y Cox

Drenner Y Dukes Y Ehrhart Y England Y Epps
Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin
Freeman Y Gardner Y Geisinger
Golick Y Graves, D Y Graves, T Y Greene Y Hanner
Harbin Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Henson Y Hill, C Hill, C.A

Y Jacobs James
Y Jamieson Y Jenkins E Jennings Y Johnson
Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Marin Y Martin

Y Mitchell Y Morgan
Morris E Mosby Y Mosley
Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal
Orrock Parham Y Parrish Y Parsons Y Porter Y Powell Ralston E Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sims, F Sinkfield
Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner
Stephens Y Stephenson Y Talton Y Teilhet
Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R
Wix Yates Richardson, Speaker

On the passage of the Bills, the ayes were 135, nays 0.

The Bills, having received the requisite constitutional majority, were passed.

Representative Scott of the 2nd 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 262. By Representatives Carter of the 159th, Bryant of the 160th, Bordeaux of the 162nd, Day of the 163rd, Stephens of the 164th and others:

A BILL to be entitled an Act to amend an Act relating to the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, so as to provide for nonpartisan election of the members of the board of education; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

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

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On the passage of the Bill, the ayes were 115, nays 17.
The Bill, having received the requisite constitutional majority, was passed.
HB 332. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Stephens County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to 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 115, nays 17.
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 by the requisite constitutional majority the following bills of the Senate:
SB 104. By Senators Wiles of the 37th, Stoner of the 6th, Hill of the 32nd, Rogers of the 21st and Thompson of the 33rd:
A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3693), so as to change the compensation of the solicitor-general; to change the provisions relating to the compensation of assistant solicitors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 132. By Senator Williams of the 19th:
A BILL to be entitled an Act to amend an Act providing for the Board of Education of Wayne County, approved January 28, 1994 (Ga. L. 1994, p. 3512), as amended, so as to provide for the nonpartisan election of members

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of that board; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes
The Senate has passed by the requisite constitutional majority the following bill of the House:
HB 99. By Representatives Smith of the 129th and Buckner of the 130th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Hamilton, approved March 10, 1964 (Ga. L. 1964, p. 2601), as amended, so as to provide for the filling of vacancies in the offices of the mayor or councilmen; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 191. By Representatives Orrock of the 58th, Willard of the 49th, Cooper of the 41st, Wilkinson of the 52nd, Oliver of the 83rd and others:
A RESOLUTION recognizing Health Care Decisions Week in Georgia; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 104. By Senators Wiles of the 37th, Stoner of the 6th, Hill of the 32nd, Rogers of the 21st and Thompson of the 33rd:
A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3693), so as to change the compensation of the solicitor-general; to change the provisions relating to the compensation of assistant solicitors; 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.
SB 132. By Senator Williams of the 19th:

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A BILL to be entitled an Act to amend an Act providing for the Board of Education of Wayne County, approved January 28, 1994 (Ga. L. 1994, p. 3512), as amended, so as to provide for the nonpartisan election of members of that board; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes

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

The following members were recognized during the period of Morning Orders and addressed the House:

Benton of the 31st, Rice of the 51st, Jackson of the 161st, Benfield of the 85th, and Brown of the 69th.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Motor Vehicles and referred to the Committee on Ways & Means:

HB 364. By Representatives Williams of the 4th, Royal of the 171st, Scott of the 2nd, Forster of the 3rd, Loudermilk of the 14th and others:

A BILL to be entitled an Act to amend Code Section 40-3-20 of the Official Code of Georgia Annotated, relating to applications for certificates of title for motor vehicles, so as to require proof of the payment of the sales and use tax as a precondition to titling certain motor vehicles; to provide for the collection of the tax; to provide for compensation for tag agents; to provide for related matters; to repeal conflicting laws; 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:

SB 3.

By Senators Smith of the 52nd, Johnson of the 1st, Seabaugh of the 28th, Stephens of the 27th, Hamrick of the 30th and others:

A BILL to be entitled an Act to amend Titles 9, 24, and 51 of the O.C.G.A., relating respectively to civil practice; evidence; and torts, so as to provide for substantive and comprehensive revision of provisions regarding civil practice, evidentiary matters, and liability in tort actions in general and actions related to health care in particular; to provide for legislative findings; to change provisions relating to venue in actions with joint defendants; to change provisions relating to affidavits accompanying charges of professional malpractice; to provide for defendants access to plaintiffs health information in medical malpractice cases; to provide for offers for

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judgment and the effect thereof; to provide that certain statements of apology or fault by health care providers shall not be admitted as evidence in civil actions; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL
To amend Titles 9, 24, 33, 43, and 51 of the Official Code of Georgia Annotated, relating respectively to civil practice; evidence; insurance; professions and businesses; and torts, so as to provide for substantive and comprehensive revision of provisions regarding civil practice, evidentiary matters, and liability in tort actions in general and actions related to health care in particular; to provide for legislative findings; to change provisions relating to venue in actions with joint defendants; to provide that the courts of this state may under certain circumstances decline to decide cases under the doctrine of forum non conveniens; to change provisions relating to affidavits accompanying charges of professional malpractice; to provide for defendants access to plaintiffs health information in medical malpractice cases; to provide for offers for judgment and the effect thereof; to provide new procedures for damages for frivolous claims and defenses; to provide that certain statements of apology or similar statements by health care providers shall not be admitted as evidence in civil actions; to change provisions relating to opinions of experts in civil cases; to create provisions regarding expert opinions in certain malpractice civil actions; to change provisions relating to reporting of medical malpractice judgments and settlements; to provide for investigations and remedial actions with respect to physicians fitness to practice under certain circumstances; to change provisions relating to establishment of liability and standard of care in certain actions relating to emergency health care; to change provisions relating to agency liability of hospitals; to change provisions relating to apportionment of award according to degree of fault; to create provisions relating to apportioning damages in certain malpractice actions; to limit noneconomic damages in certain actions relating to health care; to provide for payment over time of certain future damages in certain actions; to provide for related matters; to provide for severability; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly finds that there presently exists a crisis affecting the provision and quality of health care services in this state. 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 a resulting adverse impact on the health and well-being

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of the citizens of this state. The General Assembly further finds that certain civil justice and health care regulatory reforms as provided in this Act will promote predictability and improvement in the provision of quality health care services and the resolution of health care liability claims and will thereby assist in promoting the provision of health care liability insurance by insurance providers. The General Assembly further finds that certain needed reforms affect not only health care liability claims but also other civil actions and accordingly provides such general reforms in this Act.
SECTION 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 its place new Code Sections 9-10-31 and 910-31.1 to read as follows:
"9-10-31. (a) The General Assembly finds that Paragraph IV of Section II 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 trespasser. (b) Subject to the provisions of Code Section 9-10-31.1, joint 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:
(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. (c) In any action involving a medical malpractice claim as defined in Code Section 99-60, a nonresident defendant may require that the case be transferred to the county of that defendants residence if the tortious act upon which the medical malpractice claim is based occurred in the county of that defendants residence. (b)(d) 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.

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(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) 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.
9-10-31.1. (a) If a court of this state, on written motion of a party, finds that in the interest of justice and for the convenience of the parties and witnesses a claim or action would be more properly heard in a forum outside this state or in a different county of proper venue within this state, the court shall decline to adjudicate the matter under the doctrine of forum non conveniens. As to a claim or action that would be more properly heard in a forum outside this state, the court shall dismiss the claim or action. As to a claim or action that would be more properly heard in a different county of proper venue within this state, the venue shall be transferred to the appropriate county. In determining whether to grant a motion to dismiss an action or to transfer venue under the doctrine of forum non conveniens, the court shall give consideration to the following factors:
(1) Relative ease of access to sources of proof; (2) Availability and cost of compulsory process for attendance of unwilling witnesses; (3) Possibility of viewing of the premises, if viewing would be appropriate to the action; (4) Unnecessary expense or trouble to the defendant not necessary to the plaintiffs own right to pursue his or her remedy; (5) Administrative difficulties for the forum courts; (6) Existence of local interests in deciding the case locally; and (7) The traditional deference given to a plaintiffs choice of forum. (b) A court may not dismiss a claim under this Code section until the defendant files with the court or with the clerk of the court a written stipulation that, with respect to a new action on the claim commenced by the plaintiff, all the defendants waive the right to assert a statute of limitations defense in all other states of the United States in which the claim was not barred by limitations at the time the claim was filed in this state as necessary to effect a tolling of the limitations periods in those states beginning on the date the claim was filed in this state and ending on the date the claim is dismissed."
SECTION 3. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended

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by striking Code Section 9-11-9.1, relating to affidavits in professional malpractice cases, and inserting in its place a new Code section to read as follows:
"9-11-9.1. (a) In any action for damages alleging professional malpractice against a professional licensed by the State of Georgia and listed in subsection (f)(d) of this Code section or against any licensed health care facility alleged to be liable based upon the action or inaction of a health care professional licensed by the State of Georgia and listed in subsection (f)(d) of this Code section, the plaintiff shall be required to file with the complaint an affidavit of an expert competent to testify, which affidavit shall set forth specifically at least one negligent act or omission claimed to exist and the factual basis for each such claim. (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 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 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. (c) This Code section shall not be construed to extend any applicable period of limitation, except that if the affidavit is filed within the period specified in this Code section, the filing of the affidavit after the expiration of the statute of limitations shall be considered timely and shall provide no basis for a statute of limitations defense. (d)(b) If a plaintiff files an affidavit which is allegedly defective, and the defendant to whom it pertains alleges, with specificity, by motion to dismiss filed contemporaneously with its initial responsive pleading on or before the close of discovery, that said affidavit is defective, the plaintiffs complaint is subject to dismissal for failure to state a claim, except that the plaintiff may cure the alleged defect by amendment pursuant to Code Section 9-11-15 within 30 days of service of the motion alleging that the affidavit is defective. The trial court may, in the exercise of its discretion, extend the time for filing said amendment or response to the motion, or both, as it shall determine justice requires. (e)(c) If a plaintiff fails to file an affidavit as required by this Code section and the defendant raises the failure to file such an affidavit by motion to dismiss filed contemporaneously with its initial responsive pleading, such complaint shall not be subject to the renewal provisions of Code Section 9-2-61 after the expiration of the applicable period of limitation, unless a court determines that the plaintiff had the requisite affidavit within the time required by this Code section and the failure to file the affidavit was the result of a mistake.

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(f)(d) The professions to which this Code section applies are: (1) Architects; (2) Audiologists; (2)(3) Attorneys at law; (3)(4) Certified public accountants; (4)(5) Chiropractors; (5)(6) Clinical social workers; (6)(7) Dentists; (7)(8) Dietitians; (8)(9) Land surveyors; (9)(10) Medical doctors; (10)(11) Marriage and family therapists; (11)(12) Nurses; (12)(13) Occupational therapists; (13)(14) Optometrists; (14)(15) Osteopathic physicians; (15)(16) Pharmacists; (16)(17) Physical therapists; (17)(18) Physicians assistants; (18)(19) Professional counselors; (19)(20) Professional engineers; (20)(21) Podiatrists; (21)(22) Psychologists; (22)(23) Radiological technicians; (23)(24) Respiratory therapists; or (25) Speech-language pathologists; or (24)(26) Veterinarians."
SECTION 4. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by inserting a new Code Section 9-11-9.2 to read as follows:
"9-11-9.2. (a) In any action for damages alleging medical malpractice against a professional licensed by the State of Georgia and listed in subsection (d) of Code Section 9-11-9.1, against a professional corporation or other legal entity that provides health care services through a professional licensed by the State of Georgia and listed in subsection (d) of Code Section 9-11-9.1, or against any licensed health care facility alleged to be liable based upon the action or inaction of a health care professional licensed by the State of Georgia and listed in subsection (d) of Code Section 9-11-9.1, contemporaneously with the filing of the complaint, the plaintiff shall be required to file a medical authorization form. Failure to provide this authorization shall subject the complaint to dismissal. (b) The authorization shall provide that the attorney representing the defendant is authorized to obtain and disclose protected health information contained in medical

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records to facilitate the investigation, evaluation, and defense of the claims and allegations set forth in the complaint which pertain to the plaintiff or, where applicable, the plaintiffs decedent whose treatment is at issue in the complaint. This authorization includes the defendants attorneys right to discuss the care and treatment of the plaintiff or, where applicable, the plaintiffs decedent with all of the plaintiffs or decedents treating physicians. (c) The authorization shall provide for the release of all protected health information except information that is considered privileged and shall authorize the release of such information by any physician or health care facility by which health care records of the plaintiff or the plaintiffs decedent would be maintained."
SECTION 5. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by inserting in place of Code Section 9-11-68, which is reserved, a new Code Section 911-68 to read as follows:
"9-11-68. (a) At any time more than 30 days after the service of a summons and complaint on a party but not less than 30 days (or 20 days if it is a counteroffer) before trial, either party may serve upon the other party, but shall not file with the court, a written offer, denominated as an offer under this Code section, to settle a tort claim for the money specified in the offer and to enter into an agreement dismissing the claim or to allow judgment to be entered accordingly. Any offer under this Code section must:
(1) Be in writing and state that it is being made pursuant to this Code section; (2) Identify the party or parties making the proposal and the party or parties to whom the proposal is being made; (3) Identify generally the claim or claims the proposal is attempting to resolve; (4) State with particularity any relevant conditions; (5) State the total amount of the proposal; (6) State with particularity the amount proposed to settle a claim for punitive damages, if any; (7) State whether the proposal includes attorneys fees or other expenses and whether attorneys fees or other expenses are part of the legal claim; and (8) Include a certificate of service and be served by certified mail or statutory overnight delivery in the form required by Code Section 9-11-5. (b) When the complaint sets forth a tort claim for money, if the offeree rejects or does not accept the offer and the judgment finally obtained by the offeree was not at least 25 percent more favorable than the last offer, the offeree shall pay the offerors reasonable attorneys fees and costs incurred after the rejection of the last offer. (c) Any offer made under this Code section shall remain open for 30 days unless sooner withdrawn by a writing served on the offeree prior to acceptance by the offeree, but an offeror shall not be entitled to attorneys fees and costs under subsection (b) of this Code section to the extent an offer is not open for at least 30 days (unless it is rejected during that 30 day period). A counteroffer shall be deemed a rejection but may

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serve as an offer under this Code section if it is specifically denominated as an offer under this Code section. Acceptance or rejection of the offer by the offeree must be in writing and served upon the offeror. An offer that is neither withdrawn nor accepted within 30 days shall be deemed rejected. The fact that an offer is made but not accepted does not preclude a subsequent offer. Evidence of an offer is not admissible except in proceedings to enforce a settlement or to determine reasonable attorneys fees and costs under this Code section. (d) Upon motion made within 30 days of the entry of the judgment or after voluntary or involuntary dismissal, the court shall determine the following:
(1) If the offer of judgment was 25 percent more favorable than the monetary award, the court shall award reasonable attorneys fees and costs and the court shall set off such reasonable attorneys fees and costs against any award; and (2) If a party is entitled to costs and fees pursuant to the provisions of this Code section, the court may determine that an offer was not made in good faith in an order setting forth the basis for such a determination. In such case, the court may disallow an award of attorneys fees and costs. (e) Upon motion by the prevailing party at the time that the verdict or judgment is rendered, the moving party may request that the finder of fact determine whether the opposing party presented a frivolous claim or defense. In such event, the court shall hold a separate bifurcated hearing at which the finder of fact shall make a determination of whether such frivolous claims or defenses were asserted and to award damages, if any, against the party presenting such frivolous claims or defenses. Under this subsection: (1) Frivolous claims shall include, but are not limited to, the following:
(A) A claim, defense, or other position that lacks substantial justification or that is not made in good faith or that is made with malice or a wrongful purpose, as those terms are defined in Code Section 51-7-80; (B) A claim, defense, or other position with respect to which there existed such a complete absence of any justiciable issue of law or fact that it could not be reasonably believed that a court would accept the asserted claim, defense, or other position; and (C) A claim, defense, or other position that was interposed for delay or harassment; (2) Damages awarded may include reasonable and necessary attorneys fees and expenses of litigation; and (3) A party may elect to pursue either the procedure specified in this subsection or the procedure specified in Code Section 9-15-14, but not both."
SECTION 6. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by inserting after 24-3-37 a new Code Section 24-3-37.1 to read as follows:
"24-3-37.1. (a) The General Assembly finds that conduct, statements, or activity constituting voluntary offers of assistance or expressions of benevolence, regret, mistake, error,

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sympathy, or apology between or among parties or potential parties to a civil action should be encouraged and should not be considered an admission of liability. The General Assembly further finds that such conduct, statements, or activity should be particularly encouraged between health care providers and patients experiencing an unanticipated outcome resulting from their medical care. Regulatory and accreditation agencies are in some instances requiring health care providers to discuss the outcomes of their medical care and treatment with their patients, including unanticipated outcomes, and studies have shown such discussions foster improved communications and respect between provider and patient, promote quicker recovery by the patient, and reduce the incidence of claims and lawsuits arising out of such unanticipated outcomes. The General Assembly therefore concludes certain steps should be taken to promote such conduct, statements, or activity by limiting their admissibility in civil actions. (b) As used in this Code section, the term:
(1) 'Health care provider' means any person licensed under Chapter 9, 10A, 11, 11A, 26, 28, 30, 33, 34, 35, 39, or 44 of Title 43 or any hospital, nursing home, home health agency, institution, or medical facility licensed or defined under Chapter 7 of Title 31. The term shall also include any corporation, professional corporation, partnership, limited liability company, limited liability partnership, authority, or other entity comprised of such health care providers. (2) 'Unanticipated outcome' means the outcome of a medical treatment or procedure, whether or not resulting from an intentional act, that differs from an expected or intended result of such medical treatment or procedure. (c) In any claim or civil action brought by or on behalf of a patient allegedly experiencing an unanticipated outcome of medical care, any and all statements, affirmations, gestures, activities or conduct expressing benevolence, regret, apology, sympathy, commiseration, condolence, compassion, mistake, error, or a general sense of benevolence which are made by a health care provider or an employee or agent of a health care provider to the patient, a relative of the patient, or a representative of the patient and which relate to the unanticipated outcome shall be inadmissible as evidence and shall not constitute an admission of liability or an admission against interest."
SECTION 7. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by striking Code Section 24-9-67, relating to expert opinion evidence, and inserting in its place new Code Sections 24-9-67 and 24-9-67.1 to read as follows:
"24-9-67. The In criminal cases, the opinions of experts on any question of science, skill, trade, or like questions shall always be admissible; and such opinions may be given on the facts as proved by other witnesses.
24-9-67.1 (a) The provisions of this Code section shall apply in all civil actions. The opinion of a witness qualified as an expert under this Code section may be given on the facts as

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proved by other witnesses. The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing or trial. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence in order for the opinion or inference to be admitted. Facts or data that are otherwise inadmissible shall not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the experts opinion substantially outweighs their prejudicial effect. (b) If scientific, technical, or other specialized knowledge will assist the trier of fact in any cause of 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 are or will be admitted into evidence at the hearing or trial; (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. (c) Notwithstanding the provisions of subsection (b) of this Code section and any other provision of law which might be construed to the contrary, in professional malpractice actions, the opinions of an expert, who is otherwise qualified as to the acceptable standard of conduct of the professional 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; and (2) In the case of a medical malpractice action, had actual professional knowledge and experience in the area of practice or specialty in which the opinion is to be given as the result of having been regularly engaged in:
(A) The active practice of such area of specialty of his or her profession for at least three of the last five years, with sufficient frequency to establish an appropriate level of knowledge, as determined by the judge, in performing the procedure, diagnosing the condition, or rendering the treatment which is alleged to have been performed or rendered negligently by the defendant whose conduct is at issue; or (B) The teaching of his or her profession for at least three of the last five years as an employed member of the faculty of an educational institution accredited in the teaching of such profession, with sufficient frequency to establish an appropriate level of knowledge, as determined by the judge, in teaching others how to perform the procedure, diagnose the condition, or render the treatment which is alleged to have been performed or rendered negligently by the defendant whose conduct is at issue; and (C) Except as provided in subparagraph (D) of this paragraph:
(i) Is a member of the same profession;

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(ii) Is a medical doctor testifying as to the standard of care of a defendant who is a doctor of osteopathy; or (iii) Is a doctor of osteopathy testifying as to the standard of care of a defendant who is a medical doctor; and (D) Notwithstanding any other provision of this Code section, an expert who is a physician and, as a result of having, during at least three of the last five years immediately preceding the time the act or omission is alleged to have occurred, supervised, taught, or instructed nurses, nurse practitioners, certified registered nurse anesthetists, nurse midwives, physicians assistants, physical therapists, occupational therapists, or medical support staff, has knowledge of the standard of care of that health care provider under the circumstances at issue shall be competent to testify as to the standard of that health care provider. However, a nurse, nurse practitioner, certified registered nurse anesthetist, nurse midwife, physicians assistant, physical therapist, occupational therapist, or medical support staff shall not be competent to testify as to the standard of care of a physician. (d) Upon motion of a party, the court may hold a pretrial hearing to determine whether the witness qualifies as an expert and whether the experts testimony satisfies the requirements of subsections (a) and (b) of this Code section. Such hearing and ruling shall be completed no later than the final pretrial conference contemplated under Code Section 9-1 1-16. (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) It is the intent of the legislature that, in all civil cases, the courts of the State of Georgia not be viewed as open to expert evidence that would not be admissible in other states. Therefore, in interpreting and applying this Code section, the courts of this state may draw from the opinions of the United States Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993); General Electric Co. v. Joiner, 522 U.S. 136 (1997); Kumho Tire Co. Ltd. v. Carmichael, 526 U.S. 137 (1999); and other cases in federal courts applying the standards announced by the United States Supreme Court in these cases."
SECTION 8. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking subsection (b) of Code Section 33-3-27, relating to reports of medical malpractice judgments and settlements, and inserting in its place a new subsection (b) to read as follows:
"(b) Every insurer providing medical malpractice insurance coverage in this state shall notify in writing the Composite State Board of Medical Examiners when it pays a judgment in excess of $10,000.00 or enters into an agreement to pay an amount in excess of $10,000.00 to settle a medical malpractice claim against a person authorized by law to practice medicine in this state; such. Such judgments or agreements shall be reported to the board regardless of the dollar amount if the records of the insurer

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establish that there have been two or more previous judgments against or settlements with a licensed physician which relate to the practice of medicine. Such notice shall be sent within 30 days after the judgment has been paid or the agreement has been entered into by the parties involved in the claim."
SECTION 9. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking subsection (i) of Code Section 43-34-37, relating to disciplinary actions involving physicians, and inserting in its place new subsections (i) and (j) to read as follows:
"(i) The board shall investigate a licensees or permit holders fitness to practice medicine if the board has received regarding that licensee a notification, pursuant to Code Section 33-3-27, regarding that licensee or permit holder of a medical malpractice judgment or settlement in excess of $100,000.00 or a notification pursuant to Code Section 33-3-27 that there have been two or more previous judgments against or settlements with the licensee or permit holder relating to the practice of medicine involving an action for medical malpractice. Every licensee or permit holder shall notify the board of any settlement or judgment involving the licensee or permit holder and relating to the practice of medicine in excess of $20,000.00 involving an action for medical malpractice. (j) The board shall conduct an assessment of a licensees fitness to practice medicine if it has disciplined the licensee three times in the last ten years as a result of an action for medical malpractice. The assessment shall include an examination of the licensees entire history with respect to the practice of medicine and a one day on-site visit to the licensees current practice location. The assessment shall be completed within six months of the third disciplinary action. As a result of its findings the board may take any action it deems necessary to reduce medical errors and promote patient safety, including revocation, suspension, or limiting the licensees license or requiring additional clinical training, additional continuing medical education, proctoring, or referral to appropriate rehabilitation facilities. As used in this subsection, the term 'action for medical malpractice' shall have the same meaning as provided in Code Section 9-3-70. The board shall implement this subsection upon the effective date of a specific appropriation of funds for purposes of this subsection as expressed in a line item making specific reference to the full funding of this subsection in an appropriations Act enacted by the General Assembly."
SECTION 10. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by adding a new Code section immediately following Code Section 51-1-29.4, to be designated Code Section 51-1-29.5 to read as follows:
"51-1-29.5. (a) As used in this Code section, the term:

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(1) 'Affiliate' means a person who, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with a specified person, including any direct or indirect parent or subsidiary. (2) 'Claimant' means a person, including a decedents estate, who seeks or has sought recovery of damages in a health care liability claim. All persons claiming to have sustained damages as the result of the bodily injury or death of a single person are considered a single claimant. (3) 'Control' means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of the person, whether through ownership of equity or securities, by contract, or otherwise. (4) 'Court' means any federal or state court. (5) 'Emergency medical care' means bona fide emergency services provided after the onset of a medical or traumatic 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 placing the patients health in serious jeopardy, serious impairment to bodily functions, or serious dysfunction of any bodily organ or part. The term does not include medical care or treatment that occurs after the patient is stabilized and is capable of receiving medical treatment as a nonemergency patient or care that is unrelated to the original medical emergency. (6) 'Emergency medical services provider' means any person providing emergency medical care. (7) 'Health care' means any act or treatment performed or furnished, or that should have been performed or furnished, by any health care provider for, to, or on behalf of a patient during the patients medical care, treatment, or confinement. (8) 'Health care institution' means:
(A) An ambulatory surgical center; (B) A personal care home licensed under Chapter 7 of Title 31; (C) An institution providing emergency medical services; (D) A hospice; (E) A hospital; (F) A hospital system; (G) An intermediate care facility for the mentally retarded; or (H) A nursing home. (9) 'Health care liability claim' means a cause of action against a health care provider or physician for treatment, lack of treatment, or other claimed departure from accepted standards of medical care, health care, or safety or professional or administrative services directly related to health care, which departure from standards proximately results in injury to or death of a claimant. (10) 'Health care provider' means: (A) Any person, partnership, professional association, corporation, facility, or institution duly licensed, certified, registered, or chartered by the State of Georgia to provide health care, including but not limited to:
(i) A registered nurse;

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(ii) A dentist; (iii) A podiatrist; (iv) A pharmacist; (v) A chiropractor; (vi) An optometrist; or (vii) A health care institution; and (B) Any person who is: (i) An officer, director, shareholder, member, partner, manager, owner, or affiliate of a health care provider or physician; or (ii) An employee, independent contractor, or agent of a health care provider or physician acting in the course and scope of the employment or contractual relationship. (11) 'Hospice' means a facility licensed as such under the 'Georgia Hospice Law,' Article 9 of Chapter 7 of Title 31. (12) 'Hospital' means a facility licensed as such under Chapter 7 of Title 31. (13) 'Hospital system' means a system of hospitals located in this state that are under the common governance or control of a corporate parent. (14) 'Medical care' means any act defined as the practice of medicine under Code Section 43-34-20. (15) 'Nursing home' means a facility licensed as such under Chapter 7 of Title 31. (16) 'Pharmacist' means a person licensed as such under Chapter 4 of Title 26. (17) 'Physician' means an individual licensed to practice medicine in this state, a professional association organized by an individual physician or group of physicians, or a partnership or limited liability partnership formed by a group of physicians. (18) 'Professional or administrative services' means those duties or services that a physician or health care provider is required to provide as a condition of maintaining the physicians or health care providers license, accreditation status, or certification to participate in state or federal health care programs. (b) Any legal term or word of art used in this chapter, not otherwise defined in this chapter, shall have such meaning as is consistent with the common law. (c) In an action involving a health care liability claim arising out of the provision of emergency medical care in a hospital emergency department or obstetrical unit or in a surgical suite immediately following the evaluation or treatment of a patient in a hospital emergency department, no physician or health care provider shall be held liable unless it is proven by clear and convincing evidence that the physician or health care providers actions showed willful or wanton misconduct. (d) In an action involving a health liability claim arising out of the provision of emergency medical care in a hospital emergency department or obstetrical unit or in a surgical suite immediately following the evaluation or treatment of a patient in a hospital emergency department, the court shall instruct the jury to consider, together with all other relevant matters: (1) Whether the person providing care did or did not have the patients medical history or was able or unable to obtain a full medical history, including the knowledge

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of preexisting medical conditions, allergies, and medications; (2) The presence or lack of a preexisting physician-patient relationship or health care provider-patient relationship; (3) The circumstances constituting the emergency; and (4) The circumstances surrounding the delivery of the emergency medical care."
SECTION 11. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by adding immediately following Code Section 5l-2-5, a new Code Section 51-2-5.1 to read as follows:
"51-2-5.1. (a) As used in this Code section, the term:
(1) 'Health care professional' means a professional licensed as an audiologist, chiropractor, clinical social worker, dentist, dietitian, medical doctor, marriage and family therapist, registered professional or licensed practical nurse, occupational therapist, optometrist, osteopathic physician, pharmacist, physical therapist, physicians assistant, professional counselor, podiatrist, psychologist, radiological technician, respiratory therapist, or speech-language pathologist. (2) 'Hospital' means a facility that has a valid permit or provisional permit issued by the Department of Human Resources under Chapter 7 of Title 31. (b) Notwithstanding the provisions of Code Section 51-2-5, no hospital which complies with the notice provisions of either subsection (c) or subsection (d) of this Code section shall be liable in a tort action for the acts or omissions of a health care professional unless there exists an actual agency or employment relationship between the hospital and the health care professional. (c) The hospital shall post a notice in the form and manner described herein. Such notice shall: (1) Be posted conspicuously in the hospital lobby or a public area of the hospital; (2) Contain print at least one inch high; and (3) Provide language substantially similar to the following:
'Some or all of the health care professionals performing services in this hospital are independent contractors and are not hospital agents or employees. Independent contractors are responsible for their own actions and the hospital shall not be liable for the acts or omissions of any such independent contractors.' (d) The hospital shall have the patient or the patients personal representative sign a written acknowledgment that contains language substantially similar to that set forth in paragraph (3) of subsection (c) of this Code section. (e) The notice required in this Code section shall be sufficient if it meets the requirements of either subsection (c) or subsection (d) of this Code section even if the patient or the patients personal representative did not see or read such notice for any reason, including but not limited to medical condition or language proficiency. (f) Whether a health care professional is an actual agent, an employee, or an independent contractor shall be determined by the language of the contract between the

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health care professional and the hospital. In the absence of such a contract, or if the contract is unclear or ambiguous, a health care professional shall only be considered the hospitals employee or actual agent if it can be shown by a preponderance of the evidence that the hospital reserves the right to control the time, manner, or method in which the health care professional performs the services for which licensed, as distinguished from the right to merely require certain definite results. (g) If the court finds that there is no contract or that the contract is unclear or ambiguous as to the relationship between the hospital and health care professional, the court shall apply the following:
(1) Factors that may be considered as evidence the hospital exercises a right of control over the time, manner, or method of the health care professionals services include: the parties believed they were creating an actual agency or employment relationship; the health care professional receives substantially all the employee benefits received by actual employees of the hospital; the hospital directs the details of the health care professionals work step-by-step; the health care professionals services are terminable at the will of the hospital without cause and without notice; the hospital withholds, or is required to withhold, federal and state taxes from the remuneration paid to the health care professional for services to the patients of the hospital; and factors not specifically excluded in paragraph (2) of this subsection; and (2) Factors that shall not be considered as evidence a hospital exercises a right of control over the time, manner, or method of the health care professionals services include: a requirement by the hospital that such health care professional treat all patients or that any health care professional or group is obligated to staff a hospital department continuously or from time to time; the hospitals payment to the health care professional on an hourly basis; the provision of facilities or equipment by the hospital; the fact a health care professional does not maintain a separate practice outside the hospital; the source of the payment for the professional liability insurance premium for that health care professional; the fact that the professional fees for services are billed by the hospital; or any requirement by the hospital that such health care professional engage in conduct required to satisfy any state or federal statute or regulation, any standard of care, any standard or guideline set by an association of hospitals or health care professionals, or any accreditation standard adopted by a national accreditation organization."
SECTION 12. 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 persons, 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

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defendants liable for the injury. 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."
"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 fault of the plaintiff and the judge shall reduce the amount of damages otherwise awarded to the plaintiff in proportion to his or her percentage of fault. (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 percentage 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. (c) In assessing percentages of fault, the trier of fact shall consider the fault of all persons or entities who contributed to the alleged injury or damages, regardless of whether the person or entity was, or could have been, named as a party to the suit.
(d)(1) Negligence or fault of a nonparty shall be considered if the plaintiff entered into a settlement agreement with the nonparty or if a defending party gives notice not later than 120 days prior to the date of trial that a nonparty was wholly or partially at fault. (2) The notice shall be given by filing a pleading in the action designating the nonparty and setting forth the nonpartys name and last known address, or the best identification of the nonparty which is possible under the circumstances, together with a brief statement of the basis for believing the nonparty to be at fault. (e) Nothing in this Code section shall eliminate or diminish any defenses or immunities which currently exist, except as expressly stated in this Code section.

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(f)(1) Assessments of percentages of fault of nonparties shall be used only in the determination of the percentage of fault of named parties. (2) Where fault is assessed against nonparties pursuant to this Code section, findings of fault shall not subject any nonparty to liability in any action or be introduced as evidence of liability in any action. (g) 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."
SECTION 13. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by adding a new Chapter 13 to read as follows:
"CHAPTER 13
51-13-1. (a) As used in this Code section, the term:
(1) 'Claimant' means a person, including a decedents estate, who seeks or has sought recovery of damages in a medical malpractice action. All persons claiming to have sustained damages as the result of the bodily injury or death of a single person are considered a single claimant. (2) 'Health care provider' means any person licensed under Chapter 9, 10A, 11, 11A, 26, 28, 30, 33, 34, 35, 39, or 44 of Title 43. The term shall also include any corporation, professional corporation, partnership, limited liability company, limited liability partnership, authority, or other entity comprised of such health care providers. (3) 'Medical facility' means any institution or medical facility licensed under Chapter 7 of Title 31 or any combination thereof under common ownership, operation, or control. (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 or earnings capacity; (C) Income; (D) Funeral and burial expenses; (E) The value of services performed by the injured in the absence of the injury or death including those domestic and other necessary services performed without compensation; or (F) Other monetary expenses.

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(b) In any verdict returned or judgment entered in a medical malpractice action, including an action for wrongful death, against one or more health care providers, the total amount recoverable by a claimant for noneconomic damages in such action shall be limited to an amount not to exceed $250,000.00, regardless of the number of defendant health care providers against whom the claim is asserted or the number of separate causes of action on which the claim is based. (c) In any verdict returned or judgment entered in a medical malpractice action, including an action for wrongful death, against a single medical facility, inclusive of all persons and entities for which vicarious liability theories may apply, the total amount recoverable by a claimant for noneconomic damages in such action shall be limited to an amount not to exceed $250,000.00, regardless of the number of separate causes of action on which the claim is based. (d) In any verdict returned or judgment entered in a medical malpractice action, including an action for wrongful death, against more than one medical facility, inclusive of all persons and entities for which vicarious liability theories may apply, the total amount recoverable by a claimant for noneconomic damages in such action shall be limited to an amount not to exceed $250,000.00 from any single medical facility and $500,000.00 from all medical facilities, regardless of the number of defendant medical facilities against whom the claim is asserted or the number of separate causes of action on which the claim is based. (e) In applying subsections (b), (c), and (d) of this Code section, the aggregate amount of noneconomic damages recoverable under such subsections shall in no event exceed $750,000.00. (f) In any medical malpractice action, if an award of future damages equaling or exceeding $250,000.00 is made against any party in the action, the trial court shall, upon the request of any party, issue an order providing that such damages be paid by periodic payments. Such periodic payments shall be funded through an annuity policy with the premium for such annuity equal to the amount of the award for future damages."
SECTION 14. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
SECTION 15. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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(b) Code Sections 51-12-31 and 51-12-33, as amended by this Act, and Code Sections 51-1-29.5, 51-2-5.1, and 51-13-1, as enacted by this Act, shall apply only with respect to causes of action arising on or after the effective date of this Act, and any prior causes of action shall continue to be governed by prior law. It is the intention of the General Assembly that all other provisions of this Act shall apply to causes of action pending on its effective date, unless such application would be unconstitutional.
SECTION 16. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Amendment #1
Representatives Richardson of the 19th and Ehrhart of the 36th move to amend the Committee substitute to SB 3 by striking line 24 of page 15 and inserting in lieu thereof the following:
"actions showed gross negligence.".
The following amendment was read:
Amendment #2
Representatives Lindsey of the 54th and Willard of the 49th move to amend the Committee substitute to SB 3 by striking lines 21 through 34 of page 19, lines 1 through 36 of page 20, and lines 1 and 2 of page 21 and inserting in lieu thereof the following:
"(a) As used in this Code section, the term: (1) 'Catastrophic injury' means a permanent impairment constituted by: (A) Spinal cord injury involving severe paralysis of an arm, a leg, or the trunk; (B) Amputation of an arm, a hand, a foot, or a leg involving the effective loss of use of that appendage; (C) Severe brain or closed-head injury as evidenced by: (i) Severe sensory or motor disturbances; (ii) Severe communication disturbances; (iii) Severe complex integrated disturbances of cerebral function; (iv) Severe episodic neurological disorders; or (v) Other severe brain and closed-head injury conditions at least as severe in nature as any condition provided in divisions (i) through (iv) of this subparagraph; (D) Second-degree or third-degree burns of 25 percent or more of the total body surface or third-degree burns of 5 percent or more to the face and hands; (E) Blindness, defined as a complete and total loss of vision; or

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(F) Loss of reproductive organs which results in an inability to procreate. (2) 'Claimant' means any person who has a cause of action for damages based on personal injury or wrongful death arising from medical negligence. (3) 'Health care provider' means any hospital, ambulatory surgical center, birthing center, or mobile surgical facility as defined and licensed under Chapter 7 of Title 31; any person licensed under Chapter 9, 10A, 11, 11A, 26, 28, 30, 33, 34, 35, 39, or 44 of Title 43; a clinical lab licensed under Chapter 22 of Title 31; a health maintenance organization certificated under Chapter 21 of Title 33; a blood bank; a plasma center; an industrial clinic; a renal dialysis facility; or a professional association, partnership, corporation, joint venture, or other association for professional activity by health care providers. (4) 'Medical negligence' means medical malpractice, whether grounded in tort or in contract. (5) 'Noneconomic damages' means nonfinancial losses that would not have occurred but for the injury giving rise to the cause of action, including pain and suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of capacity for enjoyment of life, and other nonfinancial losses to the extent the claimant is entitled to recover such damages under general law, including an action for wrongful death pursuant to Chapter 4 of this title. (6) 'Practitioner' means any person licensed under Chapter 9, 10A, 11, 11A, 26, 28, 30, 33, 34, 35, 39, or 44 of Title 43. The term also means any association, corporation, firm, partnership, or other business entity under which such practitioner practices or any employee of such practitioner or entity acting in the scope of his or her employment. For the purpose of determining the limitations on noneconomic damages set forth in this Code section, the term includes any person or entity for whom a practitioner is vicariously liable and any person or entity whose liability is based solely on such person or entity being vicariously liable for the actions of a practitioner. (b) Subject to the limitations set forth in subsection (c) of this Code section, with respect to a cause of action for personal injury or wrongful death arising from medical negligence of practitioners or health care providers, regardless of the number of such defendants, noneconomic damages shall not exceed $750,000.00 per claimant. No practitioner shall be liable for more than $750,000.00 in noneconomic damages, regardless of the number of claimants. (c) If the trier of fact determines by special interrogatories or other special means that the defendants negligence resulted in a catastrophic injury, a permanent vegetative state, or death, the limitations set forth in subsection (b) of this Code section shall not be applied. A finding under this subsection must be based on expert medical testimony.'".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

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Y Abdul-Salaam N Amerson Y Anderson Y Ashe N Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton N Black Y Bordeaux Y Borders N Bridges Y Brooks N Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G N Burkhalter N Burmeister Y Burns N Butler N Byrd Y Carter N Casas Y Chambers N Channell Y Cheokas N Coan Y Cole N Coleman, B Y Coleman, T N Cooper N Cox

Y Crawford Y Cummings N Davis N Day N Dean N Dickson N Dodson Y Dollar Y Drenner Y Dukes N Ehrhart N England Y Epps N Fleming Y Floyd, H N Floyd, J Y Fludd N Forster N Franklin Y Freeman Y Gardner N Geisinger Y Golick N Graves, D N Graves, T N Greene N Hanner N Harbin N Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree Y Henson N Hill, C N Hill, C.A

Y Holmes N Holt N Horne N Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson N Jenkins E Jennings Y Johnson N Jones, J Y Jones, S E Jordan N Keen N Keown Y Kidd N Knight N Knox N Lakly Y Lane, B Y Lane, R N Lewis Y Lindsey
Lord N Loudermilk Y Lucas N Lunsford N Maddox Y Mangham N Manning Y Marin N Martin

N Maxwell N May N McCall E McClinton N Meadows N Millar Y Miller N Mills Y Mitchell Y Morgan N Morris E Mosby N Mosley Y Mumford N Murphy, J Y Murphy, Q Y Neal Y Oliver N O'Neal Y Orrock N Parham N Parrish Y Parsons Y Porter Y Powell E Ralston Y Randall
Ray Y Reece, B N Reece, S N Reese N Rice N Roberts N Rogers N Royal N Rynders

Y Sailor N Scheid N Scott, A N Scott, M N Setzler E Shaw N Sheldon Y Sims, C Y Sims, F Y Sinkfield N Smith, B N Smith, L N Smith, P N Smith, R N Smith, T Y Smith, V Y Smyre Y Stanley-Turner N Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin Y Walker Y Warren Y Watson N Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Richardson, Speaker

On the adoption of the amendment, the ayes were 83, nays 88.

The amendment was lost.

Representative Willard of the 49th moved that the House reconsider its action in failing to adopt Amendment #2.

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

Y Abdul-Salaam N Amerson Y Anderson Y Ashe Y Barnard Y Barnes

Y Crawford Y Cummings N Davis Y Day Y Dean N Dickson

Y Holmes Y Holt N Horne N Houston Y Howard Y Hudson

N Maxwell N May N McCall E McClinton N Meadows N Millar

Y Sailor N Scheid N Scott, A N Scott, M N Setzler E Shaw

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Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders N Bridges Y Brooks N Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G N Burkhalter N Burmeister Y Burns N Butler N Byrd Y Carter
Casas Y Chambers N Channell Y Cheokas N Coan Y Cole Y Coleman, B
Coleman, T N Cooper N Cox

N Dodson Y Dollar Y Drenner Y Dukes N Ehrhart N England Y Epps N Fleming Y Floyd, H N Floyd, J Y Fludd N Forster N Franklin N Freeman Y Gardner N Geisinger Y Golick N Graves, D N Graves, T N Greene N Hanner N Harbin N Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree
Henson N Hill, C N Hill, C.A

Y Hugley Y Jackson Y Jacobs Y James Y Jamieson N Jenkins E Jennings Y Johnson N Jones, J Y Jones, S E Jordan N Keen N Keown Y Kidd N Knight N Knox N Lakly Y Lane, B Y Lane, R N Lewis Y Lindsey
Lord N Loudermilk
Lucas N Lunsford N Maddox Y Mangham N Manning Y Marin N Martin

Y Miller N Mills Y Mitchell Y Morgan N Morris E Mosby N Mosley Y Mumford N Murphy, J Y Murphy, Q
Neal Y Oliver N O'Neal Y Orrock N Parham N Parrish Y Parsons Y Porter Y Powell E Ralston Y Randall Y Ray Y Reece, B N Reece, S N Reese N Rice N Roberts N Rogers N Royal N Rynders

N Sheldon Y Sims, C Y Sims, F Y Sinkfield N Smith, B N Smith, L N Smith, P N Smith, R N Smith, T Y Smith, V Y Smyre Y Stanley-Turner N Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin Y Walker Y Warren Y Watson N Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Richardson, Speaker

On the motion, the ayes were 85, nays 82.

The motion prevailed.

Representative Dollar of the 45th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

On the adoption of Amendment #2, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam N Amerson Y Anderson Y Ashe N Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton N Black

Y Crawford Y Cummings N Davis Y Day Y Dean N Dickson N Dodson Y Dollar Y Drenner Y Dukes N Ehrhart

Y Holmes Y Holt N Horne N Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson

N Maxwell N May N McCall E McClinton N Meadows N Millar Y Miller N Mills Y Mitchell Y Morgan N Morris

Y Sailor N Scheid N Scott, A N Scott, M N Setzler E Shaw N Sheldon Y Sims, C Y Sims, F Y Sinkfield N Smith, B

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495

Y Bordeaux Y Borders N Bridges Y Brooks N Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G N Burkhalter N Burmeister Y Burns N Butler N Byrd Y Carter N Casas Y Chambers N Channell Y Cheokas N Coan Y Cole N Coleman, B Y Coleman, T N Cooper N Cox

N England Y Epps N Fleming Y Floyd, H N Floyd, J Y Fludd N Forster N Franklin Y Freeman Y Gardner N Geisinger Y Golick N Graves, D N Graves, T N Greene N Hanner N Harbin N Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree Y Henson N Hill, C N Hill, C.A

N Jenkins E Jennings Y Johnson N Jones, J Y Jones, S E Jordan N Keen N Keown Y Kidd N Knight N Knox N Lakly Y Lane, B Y Lane, R N Lewis Y Lindsey
Lord N Loudermilk Y Lucas N Lunsford N Maddox Y Mangham N Manning Y Marin N Martin

E Mosby N Mosley Y Mumford N Murphy, J Y Murphy, Q
Neal Y Oliver N O'Neal Y Orrock N Parham N Parrish Y Parsons Y Porter Y Powell E Ralston Y Randall N Ray Y Reece, B N Reece, S N Reese N Rice N Roberts N Rogers N Royal N Rynders

N Smith, L N Smith, P N Smith, R N Smith, T Y Smith, V Y Smyre Y Stanley-Turner N Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin Y Walker Y Warren Y Watson N Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Richardson, Speaker

On the adoption of Amendment #2, the ayes were 85, nays 86.

The amendment was lost.

The following amendment was read and adopted:

Amendment #3

Representatives Richardson of the 19th and Ehrhart of the 36th move to amend the Committee substitute to SB 3 by striking line 14 of page 20 and inserting in lieu thereof the following:

"amount not to exceed $350,000.00, regardless of the number of defendant health care".

By striking line 21 of page 20 and inserting in lieu thereof the following:

"exceed $350,000.00, regardless of the number of separate causes of action on which the".

By striking line 27 of page 20 and inserting in lieu thereof the following:

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"amount not to exceed $350,000.00 from any single medical facility and $700,000.00 from".
By striking line 33 of page 20 and inserting in lieu thereof the following:
"$1,050,000.00.".
By striking line 35 of page 20 and inserting in lieu thereof the following:
"$350,000.00 is made against any party in the action, the trial court shall, upon the request".
The following amendment was read:
Amendment #4
Representatives Lindsey of the 54th and Willard of the 49th move to amend the Committee substitute to SB 3 by striking all matter beginning with line 24 of page 10 and ending with line 26 of page 11 and inserting in lieu thereof the following:
"(c) In any action for recovery of damages based on the death or personal injury of any person in which it is alleged that such death or injury resulted from medical negligence, a person may not give expert testimony concerning the prevailing professional standard of care unless that person is a licensed health care provider and meets the following criteria:
(1) If the health care provider against whom or on whose behalf the testimony is offered is a specialist, the expert witness must:
(A) Specialize in the same specialty as the health care provider against whom or on whose behalf the testimony is offered; or specialize in a similar specialty that includes the evaluation, diagnosis, or treatment of the medical condition that is the subject of the claim and have prior experience treating similar patients; and (B) Have devoted over 75 percent of his or her professional time during the three years immediately preceding the date of the occurrence that is the basis for the action to one or more of the following:
(i) The active clinical practice of, or consulting with respect to, the same or similar specialty that includes the evaluation, diagnosis, or treatment of the medical condition that is the subject of the claim and have prior experience treating similar patients; (ii) The instruction of students in an accredited health professional school or accredited residency or clinical research program in the same or similar specialty; or (iii) A clinical research program that is affiliated with an accredited health professional school or accredited residency or clinical research program in the

THURSDAY, FEBRUARY 10, 2005

497

same or similar specialty; (2) If the health care provider against whom or on whose behalf the testimony is offered is a general practitioner, the expert witness must have devoted over 75 percent of his or her professional time during the five years immediately preceding the date of the occurrence that is the basis for the action to:
(A) The active clinical practice of or consultation as a general practitioner; (B) The instruction of students in an accredited health professional school or accredited residency program in the general practice of medicine; or (C) A clinical research program that is affiliated with an accredited medical school or teaching hospital and that is in the general practice of medicine; or (3) If the health care provider against whom or on whose behalf the testimony is offered is a health care provider other than a specialist or a general practitioner, the expert witness must have devoted 75 percent of his or her professional time during the three years immediately preceding the date of the occurrence that is the basis for the action to: (A) The active clinical practice of, or consulting with respect to, the same or similar health profession as the health care provider against whom or on whose behalf the testimony is offered; (B) The instruction of students in an accredited health professional school or accredited residency program in the same or similar health profession in which the health care provider against whom or on whose behalf the testimony is offered; or (C) A clinical research program that is affiliated with an accredited medical school or teaching hospital and that is in the same or similar health profession as the health care provider against whom or on whose behalf the testimony is offered. A specialist trained in the evaluation, treatment, or diagnosis of a condition shall be considered as practicing in a similar specialty or similar health provision as a health care provider who treated that condition when that condition was not within the area of his or her specialty. (d) A physician who qualifies as an expert witness under Code Section 51-13-3 and who, by reason of active clinical practice or instruction of students, has knowledge of the applicable standard of care for nurses, nurse practitioners, certified registered nurse anesthetists, certified registered nurse midwives, physician assistants, or other medical support staff may give expert testimony in a medical negligence action with respect to the standard of care of such medical support staff. (e) Notwithstanding any provision of Code Section 51-13-3, in a medical negligence action against a hospital, a health care facility, or medical facility, a person may give expert testimony on the appropriate standard of care as to administrative and other nonclinical issues if the person has substantial knowledge, by virtue of his or her training and experience, concerning the standard of care among hospitals, health care facilities, or medical facilities of the same type as the hospital, health care facility, or medical facility whose acts or omissions are the subject of the testimony and which are located in the same or similar communities at the time of the alleged act giving rise to the cause of action."

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By changing the designations "(d)", (e)", and "(f)", on lines 27, 31, and 34 of page 11 to "(f)", "(g)", and "(h)", respectively.

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

N Abdul-Salaam N Amerson N Anderson Y Ashe N Barnard N Barnes N Bearden N Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux N Borders N Bridges N Brooks N Brown N Bruce Y Bryant N Buckner, D N Buckner, G N Burkhalter N Burmeister N Burns N Butler N Byrd N Carter N Casas Y Chambers N Channell Y Cheokas N Coan N Cole N Coleman, B N Coleman, T N Cooper N Cox

N Crawford N Cummings N Davis N Day N Dean N Dickson N Dodson N Dollar Y Drenner N Dukes N Ehrhart N England N Epps N Fleming N Floyd, H N Floyd, J N Fludd N Forster N Franklin N Freeman Y Gardner Y Geisinger N Golick N Graves, D N Graves, T N Greene N Hanner N Harbin N Hatfield N Heard, J N Heard, K N Heckstall N Hembree N Henson N Hill, C N Hill, C.A

Y Holmes Y Holt N Horne N Houston N Howard N Hudson N Hugley Y Jackson Y Jacobs N James Y Jamieson N Jenkins E Jennings Y Johnson N Jones, J N Jones, S E Jordan N Keen N Keown N Kidd N Knight N Knox N Lakly N Lane, B Y Lane, R N Lewis Y Lindsey
Lord N Loudermilk N Lucas N Lunsford N Maddox Y Mangham N Manning Y Marin N Martin

N Maxwell N May N McCall E McClinton N Meadows N Millar Y Miller N Mills Y Mitchell Y Morgan N Morris E Mosby N Mosley Y Mumford N Murphy, J Y Murphy, Q N Neal Y Oliver N O'Neal Y Orrock N Parham N Parrish N Parsons N Porter Y Powell E Ralston N Randall N Ray N Reece, B N Reece, S N Reese N Rice N Roberts N Rogers N Royal N Rynders

N Sailor N Scheid N Scott, A N Scott, M N Setzler E Shaw N Sheldon N Sims, C N Sims, F Y Sinkfield N Smith, B N Smith, L N Smith, P N Smith, R N Smith, T N Smith, V N Smyre Y Stanley-Turner N Stephens Y Stephenson N Talton Y Teilhet N Thomas, A.M Y Thomas, B N Tumlin N Walker Y Warren N Watson N Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, R N Wix N Yates
Richardson, Speaker

On the adoption of the amendment, the ayes were 38, nays 134.

The amendment was lost.

The Committee substitute, as amended, was adopted.

THURSDAY, FEBRUARY 10, 2005

499

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 Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard Y Barnes Y Bearden N Beasley-Teague N Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges N Brooks Y Brown Y Bruce N Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day N Dean Y Dickson Y Dodson Y Dollar
Drenner Y Dukes Y Ehrhart Y England N Epps Y Fleming N Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger N Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

N Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley N Jackson N Jacobs Y James Y Jamieson Y Jenkins E Jennings N Johnson Y Jones, J N Jones, S E Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis N Lindsey
Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar N Miller Y Mills Y Mitchell N Morgan Y Morris E Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal N Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell E Ralston N Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts
Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler E Shaw Y Sheldon Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T N Smith, V Y Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 136, nays 34.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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Representatives Drenner of the 86th and Rogers of the 26th 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.
By unanimous consent, SB 3 was ordered immediately transmitted to the Senate.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 218. By Representatives Barnard of the 166th, Cox of the 102nd, Cole of the 125th, Stephens of the 164th, Lane of the 158th and others:
A RESOLUTION commending Director Bill Hitchens of the Georgia Office of Homeland Security, recipient of the Peace Officer Association of Georgia's 2004 Arthur Hutchins Meritorious Service Award and inviting him to appear before the House of Representatives; and for other purposes.
HR 219. By Representatives Barnard of the 166th, Cole of the 125th, Stephens of the 164th, Lane of the 158th, Crawford of the 127th and others:
A RESOLUTION recognizing District Attorney Investigator Jimmy Jones, Peace Officer of the Year for Valor, commending his outstanding performance, and inviting him to appear before the House of Representatives; and for other purposes.
HR 220. By Representatives Barnard of the 166th, Cole of the 125th, Cox of the 102nd, Stephens of the 164th, Lane of the 158th and others:
A RESOLUTION recognizing Trooper First Class David Q. Holland III, Peace Officer of the Year for Valor, commending his outstanding performance, and inviting him to appear before the House of Representatives; and for other purposes.
HR 221. By Representative Coleman of the 97th:
A RESOLUTION inviting representatives of the Georgia Parent Teacher Association (PTA) to appear before the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 215. By Representative Lakly of the 72nd:

THURSDAY, FEBRUARY 10, 2005

501

A RESOLUTION commending Youth Leadership Fayette and the Fayette County Chamber of Commerce; and for other purposes.
HR 222. By Representatives Manning of the 32nd, Setzler of the 35th, Franklin of the 43rd, Cooper of the 41st, Morgan of the 39th and others:
A RESOLUTION recognizing and commending the Kennesaw Youth Council and the Acworth Youth Council; and for other purposes.
HR 223. By Representatives Oliver of the 83rd, Henson of the 87th, Chambers of the 81st and Benfield of the 85th:
A RESOLUTION commending the CDC Foundation and declaring May 4, 2005, the 10th Anniversary of the CDC Foundation in Georgia; and for other purposes.
HR 224. By Representatives Oliver of the 83rd, Smith of the 70th, Henson of the 87th and Benfield of the 85th:
A RESOLUTION honoring and remembering the life of Mr. Donald Homer "Tommy" Thompson; and for other purposes.
HR 225. By Representatives Ashe of the 56th, Gardner of the 57th, Coleman of the 97th and Oliver of the 83rd:
A RESOLUTION recognizing the vital impact of public education on our democratic society and commending THE QUEST for Public Education, Inc. ("THE QUEST") for its role in promoting public involvement in the process of public education; and for other purposes.
HR 226. By Representatives Beasley-Teague of the 65th, Mangham of the 94th, Brooks of the 63rd, Murphy of the 120th and Buckner of the 130th:
A RESOLUTION recognizing District 65 Legislative Day at the Capitol on March 1, 2005; and for other purposes.
HR 227. By Representatives Coleman of the 97th, Millar of the 79th, Jones of the 46th, Maxwell of the 17th, Reece of the 11th and others:
A RESOLUTION commending the Georgia Parent Teacher Association (PTA) and recognizing "National PTA Founders Day on Capitol Hill"; and for other purposes.

502

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The Speaker Pro Tem assumed the Chair.
Representative Keen of the 179th moved that the House do now adjourn until 1:00 o'clock, P.M., Monday, February 14, 2005, and the motion prevailed.
Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 1:00 o'clock, P.M., Monday, February 14, 2005.

MONDAY, FEBRUARY 14, 2005

503

Representative Hall, Atlanta, Georgia

Monday, February 14, 2005

The House met pursuant to adjournment at 1:00 o'clock, P.M., this day and was called to order by the Speaker.

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

Abdul-Salaam Amerson Ashe Barnes Bearden E Beasley-Teague Benfield Benton E Black Borders Bridges Brooks Brown Bruce Bryant Buckner, D Buckner, G Burkhalter Burmeister Burns Butler Byrd Carter Casas Chambers Cheokas Coan

Cole Coleman, B Cox Crawford Cummings Davis Dickson E Dodson Drenner Ehrhart England Epps Fleming E Floyd, J Forster Franklin Freeman Gardner Geisinger Graves, D Graves, T Greene Harbin Hatfield Heard, J E Heard, K Heckstall

Hembree Henson Hill, C E Hill, C.A Holmes Horne Houston Howard Jacobs Jenkins E Jennings Johnson Jones, S Jordan Keen Keown Knight Lakly Lane, R Lewis Lindsey Lord Loudermilk Lucas Lunsford Maddox Mangham

Manning Martin Maxwell May E McClinton Meadows Millar Miller Mills Mitchell Morgan E Mosby Mumford Murphy, J Murphy, Q Neal Oliver O'Neal Parsons Powell Ralston Ray Reece, B Reece, S Reese Rice Roberts

Rogers Royal Rynders E Sailor Scheid Scott, A Shaw Sheldon Sims, F Smith, B Smith, L Smith, R Smith, T Smith, V Stephens Talton Teilhet Thomas, B Tumlin Warren Wilkinson Willard Williams, A Williams, E Williams, R Yates Richardson, Speaker

The following members were off the floor of the House when the roll was called:

Representatives Anderson of the 123rd, Barnard of the 166th, Bordeaux of the 162nd, Channell of the 116th, Coleman of the 144th, Day of the 163rd, Dean of the 59th, Dollar of the 45th, Dukes of the 150th, Floyd of the 99th, Fludd of the 66th, Golick of the 34th, Holt of the 112th, Hudson of the 124th, Hugley of the 133rd, Jackson of the 161st, James of the 135th, Jones of the 46th, Knox of the 24th, Lane of the 158th, Marin of the 96th, Morris of the 155th, Orrock of the 58th, Parham of the 141st, Parrish of the 156th, Porter of the 143rd, Randall of the 138th, Scott of the 2nd, Setzler of the 35th, Sims of the 169th, Sinkfield of the 60th, Smyre of the 132nd, Stanley-Turner of the 53rd, Stephenson

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of the 92nd, Thomas of the 55th, Walker of the 107th, Watson of the 91st, and Wix of the 33rd.
They wish to be recorded as present.
Prayer was offered by the Reverend Lowery M. Brantley, Senior Pastor, Wesley Monumental United Methodist Church, Savannah, Georgia.
The members pledged allegiance to the flag.
Representative Heard of the 104th, Chairman of the Committee on Information and Audits, 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 were introduced, read the first time and referred to the Committees:
HB 429. By Representatives Smith of the 168th, Rogers of the 26th, Manning of the 32nd, Coleman of the 144th and Graves of the 137th:
A BILL to be entitled an Act to amend Code Section 48-7-161 of the Official Code of Georgia Annotated, relating to definitions relative to the setoff of debt collection, so as to authorize a setoff of certain debts owed to public housing authorities; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 14, 2005

505

Referred to the Committee on Ways & Means.
HB 430. By Representatives Hill of the 180th, Keen of the 179th, Smith of the 70th, Cooper of the 41st, Rynders of the 152nd and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the O.C.G.A., relating to pharmacists and pharmacies, so as to enact "Karons Law"; to provide for a short title; to provide for the establishment and operation of a drug repository program to accept and dispense donated prescription drugs; to provide for definitions; to provide for criteria for the acceptance of drugs into the program; to provide for persons and entities who are authorized to donate drugs to the program; to provide for entities that may accept and dispense donated drugs; to limit the liability for drug manufacturers and for persons and entities participating in the program; to provide for the establishment of rules and regulations by the State Board of Pharmacy for the implementation and operation of the program; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 431. By Representatives Talton of the 145th, O`Neal of the 146th, Burkhalter of the 50th, Keen of the 179th, Bryant of the 160th and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, the "Disposition of Unclaimed Property Act," so as to provide for an alternative method of disposition with respect to certain dividends or capital credits which are presumed abandoned; to provide for definitions; to provide for procedures; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 432. By Representatives Buckner of the 76th, Barnes of the 78th, Lunsford of the 110th, Stanley-Turner of the 53rd, England of the 108th and others:
A BILL to be entitled an Act to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to fixing of sentence in criminal cases, so as to provide for provisions relating to work release programs in felony sentences; to provide for revocation of work release status; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.

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HB 433. By Representatives Coleman of the 144th, Crawford of the 127th, Cheokas of the 134th, Parrish of the 156th, Ray of the 136th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the nonpartisan election of clerks of superior court, sheriffs, tax collectors, tax receivers, tax commissioners, and coroners; to provide for the qualifying for such offices; to prohibit officers elected in nonpartisan elections from engaging in partisan political activity in their official capacities; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 434. By Representatives Beasley-Teague of the 65th, Mangham of the 94th, Brooks of the 63rd and Murphy of the 120th:
A BILL to be entitled an Act to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees Retirement System of Georgia, so as to provide that any person eligible to obtain creditable service for prior service as a temporary full-time employee may obtain additional creditable service as a temporary full-time or part-time employee; to provide a method for determining an apportionment of creditable service for days worked; to provide for application and payment of contributions; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 435. By Representatives Morris of the 155th, Lane of the 158th, Wix of the 33rd, Barnard of the 166th and Burns of the 157th:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for an exemption with respect to sales and use tax for the fees or charges for professional hunting guide services for which a separate charge is made to the customer; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.

MONDAY, FEBRUARY 14, 2005

507

HB 436. By Representatives Lunsford of the 110th, Keen of the 179th, Golick of the 34th, O`Neal of the 146th, Smith of the 129th and others:
A BILL to be entitled an Act to amend Chapter 23 of Title 50 of the O.C.G.A., relating to the Georgia Environmental Facilities Authority, so as to rename the Georgia Environmental Facilities Authority as the Georgia Environment and Infrastructure Financing Authority and provide for the powers and duties of the latter authority; to change certain provisions relating to a short title; to change certain provisions relating to legislative intent and assumption of rights, duties, and assets of the Georgia Development Authority; to change certain provisions relating to creation of the Georgia Environmental Facilities Authority, members, quorum, travel and expenses, legal services, members accountability, recordkeeping, and authority assignment; to change certain provisions relating to definitions; to change certain provisions relating to purpose, powers, and duties of the Georgia Environmental Facilities Authority; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 437. By Representative Scott of the 153rd:
A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exceptions from the requirements of public disclosure, so as to exempt disclosure of certain personal information; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 438. By Representatives Yates of the 73rd, Lakly of the 72nd, Freeman of the 140th, Warren of the 122nd and Thomas of the 100th:
A BILL to be entitled an Act to amend Code Section 38-4-2 of the Official Code of Georgia Annotated, relating to the powers of the Department of Veterans Service and the Veterans Service Board and the appointment of the administrator and director of the Georgia War Veterans Nursing Homes, so as to change the method of appointment of the executive directors of the veterans homes; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.

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HB 439. By Representatives Yates of the 73rd, Freeman of the 140th, Lakly of the 72nd, Warren of the 122nd and Thomas of the 100th:
A BILL to be entitled an Act to amend Code Section 40-2-69 of the Official Code of Georgia Annotated, relating to free license plates and revalidation decals for certain disabled veterans, so as to provide for certain duties for the Department of Veterans Service; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 440. By Representatives Yates of the 73rd, Freeman of the 140th, Lakly of the 72nd, Warren of the 122nd and Thomas of the 100th:
A BILL to be entitled an Act to amend Code Section 38-4-70 of the Official Code of Georgia Annotated, relating to the establishment of cemeteries and eligibility for interment, so as to remove the residency requirement for Georgia veterans eligible for interment in a veterans cemetery; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.
HB 441. By Representatives Yates of the 73rd, Lakly of the 72nd, Freeman of the 140th and Warren of the 122nd:
A BILL to be entitled an Act to amend Code Section 27-2-4 of the Official Code of Georgia Annotated, relating to honorary hunting and fishing licenses, so as to provide that the Department of Veterans Service may certify to a disability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 442. By Representatives Yates of the 73rd, Lakly of the 72nd, Freeman of the 140th and Warren of the 122nd:
A BILL to be entitled an Act to amend Code Section 43-12-2 of the Official Code of Georgia Annotated, relating to qualifications for an exemption from occupation taxes, administrative fees, and regulatory fees, so as to provide for certain duties of the Department of Veterans Service; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.

MONDAY, FEBRUARY 14, 2005

509

HB 443. By Representatives Smith of the 113th, Harbin of the 118th, Reece of the 27th, Sheldon of the 105th and Hembree of the 67th:

A BILL to be entitled an Act to amend Code Section 33-24-3 of the Official Code of Georgia Annotated, relating to insurable interests in personal insurance, so as to provide for additional insurable interests of certain entities in the lives of insureds under certain conditions; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Insurance.

HR 216. By Representatives Jamieson of the 28th, Neal of the 1st, Kidd of the 115th, Porter of the 143rd, Floyd of the 147th and others:

A RESOLUTION urging the President and the Congress of the United States to consider the importance of all 14 Georgia military installations; and for other purposes.

Referred to the Committee on Interstate Cooperation.

HR 217. By Representatives Gardner of the 57th, Ashe of the 56th and Manning of the 32nd:

A RESOLUTION urging the federal Centers for Medicare and Medicaid Services to approve the waivers requested by Georgia to further expand Georgias self-directed care initiative; and for other purposes.

Referred to the Committee on Interstate Cooperation.

HR 228. By Representatives Heard of the 104th, Coleman of the 97th, Rice of the 51st, Coan of the 101st, Sheldon of the 105th and others:

A RESOLUTION approving the creation of a new four-year college in Gwinnett County by the Board of Regents of the University System of Georgia; and for other purposes.

Referred to the Committee on Higher Education.

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

HB 409 HB 410

HB 423 HB 424

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HB 411 HB 412 HB 413 HB 414 HB 415 HB 416 HB 417 HB 418 HB 419 HB 420 HB 421 HB 422

HB 425 HB 426 HB 427 HB 428 HR 193 HR 197 HR 200 HR 201 HR 214 SB 104 SB 132

Representative Cooper of the 41st District, 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 House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 166 Do Pass, by Substitute SB 48 Do Pass

Respectfully submitted, /s/ Cooper of the 41st
Chairman

Representative Walker of the 107th District, Chairman of the Committee on Human Relations and Aging, submitted the following report:

Mr. Speaker:

Your Committee on Human Relations and Aging 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 50 Do Pass HB 206 Do Pass, by Substitute

Respectfully submitted, /s/ Walker of the 107th
Chairman

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511

Representative Barnard of the 166th 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 Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 58 Do Pass, by Substitute HB 155 Do Pass, by Substitute HR 48 Do Pass
Respectfully submitted, /s/ Barnard of the 166th
Chairman
Representative Smith of the 129th District, 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 House and has instructed me to report the same back to the House with the following recommendation:
HB 273 Do Pass, by Substitute
Respectfully submitted, /s/ Smith of the 129th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR MONDAY, FEBRUARY 14, 2005
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 17th Legislative Day as enumerated below:
DEBATE CALENDAR

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Open Rule

HB 184 HB 296 HR 66

Residential and General Contractors State Licensing Board; membership Family Court Division; Superior Court of Fulton County; pilot project SBA regulations of certain nonprofit corporations; service area include entire state

Modified Open Rule

None

Modified Structured Rule

None

Structured Rule

HB 293 State Accounting Office; create

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

Respectfully submitted, /s/ Ehrhart of the 36th
Chairman

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 26. By Senators Cagle of the 49th, Bulloch of the 11th, Stephens of the 27th and Pearson of the 51st:

A BILL to be entitled an Act to amend Code Section 41-1-7 of the Official Code of Georgia Annotated, relating to treatment of agricultural facilities and operations and forest land as nuisances, so as to provide for legislative declarations; to define a term; to repeal conflicting laws; and for other purposes

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513

SB 52. By Senators Smith of the 52nd, Harp of the 29th, Carter of the 13th, Hill of the 32nd, Wiles of the 37th and others:
A BILL to be entitled an Act to amend Code Section 19-11-5 of the Official Code of Georgia Annotated, relating to debt to state created by payment of public assistance, so as to provide for the waiver, reduction, or negotiation of the payment of unreimbursed public assistance under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 53. By Senators Smith of the 52nd, Harp of the 29th, Hill of the 32nd, Wiles of the 37th and Weber of the 40th:
A BILL to be entitled an Act to amend Code Section 19-7-22 of the Official Code of Georgia Annotated, relating to petition for legitimation of a child, notice to mother, court order, effect, and intervention by father, so as to provide that legitimation of a child may take place contemporaneously with the establishment of paternity with the consent of the mother and the father; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 92. By Senators Harp of the 29th, Tolleson of the 20th, Hamrick of the 30th, Heath of the 31st, Hudgens of the 47th and others:
A BILL to be entitled an Act to amend Code Section 34-4-3 of the Official Code of Georgia Annotated, relating to amount of minimum wage to be paid, so as to provide for a training wage; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 54. By Senators Tolleson of the 20th, Harp of the 29th, Starr of the 44th, Bulloch of the 11th and Hudgens of the 47th:
A RESOLUTION creating the Joint "Future of Georgia Forestry" Study Committee; and for other purposes.
SR 80. By Senators Thomas of the 2nd, Schaefer of the 50th, Zamarripa of the 36th, Grant of the 25th, Hamrick of the 30th 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

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in Baldwin, Banks, Burke, Chatham, Douglas, Fulton, and Newton counties, Georgia; to repeal conflicting laws; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following resolution of the House:

HR 198. By Representatives Keen of the 179th and Porter of the 143rd:

A RESOLUTION relative to adjournment; 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 26.

By Senators Cagle of the 49th, Bulloch of the 11th, Stephens of the 27th and Pearson of the 51st:

A BILL to be entitled an Act to amend Code Section 41-1-7 of the Official Code of Georgia Annotated, relating to treatment of agricultural facilities and operations and forest land as nuisances, so as to provide for legislative declarations; to define a term; to repeal conflicting laws; and for other purposes

Referred to the Committee on Judiciary.

SB 52.

By Senators Smith of the 52nd, Harp of the 29th, Carter of the 13th, Hill of the 32nd, Wiles of the 37th and others:

A BILL to be entitled an Act to amend Code Section 19-11-5 of the Official Code of Georgia Annotated, relating to debt to state created by payment of public assistance, so as to provide for the waiver, reduction, or negotiation of the payment of unreimbursed public assistance under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 53.

By Senators Smith of the 52nd, Harp of the 29th, Hill of the 32nd, Wiles of the 37th and Weber of the 40th:

A BILL to be entitled an Act to amend Code Section 19-7-22 of the Official Code of Georgia Annotated, relating to petition for legitimation of a child, notice to mother, court order, effect, and intervention by father, so as to provide that legitimation of a child may take place contemporaneously with

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515

the establishment of paternity with the consent of the mother and the father; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 92.

By Senators Harp of the 29th, Tolleson of the 20th, Hamrick of the 30th, Heath of the 31st, Hudgens of the 47th and others:

A BILL to be entitled an Act to amend Code Section 34-4-3 of the Official Code of Georgia Annotated, relating to amount of minimum wage to be paid, so as to provide for a training wage; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Industrial Relations.

SR 54.

By Senators Tolleson of the 20th, Harp of the 29th, Starr of the 44th, Bulloch of the 11th and Hudgens of the 47th:

A RESOLUTION creating the Joint "Future of Georgia Forestry" Study Committee; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

SR 80.

By Senators Thomas of the 2nd, Schaefer of the 50th, Zamarripa of the 36th, Grant of the 25th, Hamrick of the 30th 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 Baldwin, Banks, Burke, Chatham, Douglas, Fulton, and Newton counties, Georgia; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Institutions & Property.

The following members were recognized during the period of Morning Orders and addressed the House:

Buckner of the 130th, Williams of the 165th, Buckner of the 76th, and Anderson of the 123rd.

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

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HR 229. By Representatives Dean of the 59th, Mosby of the 90th and Stephenson of the 92nd:

A RESOLUTION proclaiming Wednesday, February 16, 2005, REACH for Wellness Day at the Capitol and inviting representatives of REACH for Wellness 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 were taken up for consideration and read the third time:

HR 66. By Representatives Smith of the 168th, Smith of the 70th, Sheldon of the 105th, Barnes of the 78th, Meadows of the 5th and others:

A RESOLUTION providing that the Department of Community Affairs may provide that the service area of any nonprofit corporation created by a regional development center and designated as a certified development company by the federal Small Business Administration may include all or part of the entire State of Georgia solely for the purpose of providing authorized program services in accordance with SBA regulations; to provide for procedures; to provide for the transmission of copies of this resolution; to provide for an effective date; 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 Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague Y Benfield Y Benton E Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson
Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H E Floyd, J
Fludd

Y Holmes Y Holt Y Horne Y Houston
Howard Hudson Y Hugley Jackson Y Jacobs Y James Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris E Mosby Y Mosley Y Mumford
Murphy, J Y Murphy, Q
Neal

E Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre

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517

Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J E Heard, K Y Heckstall Y Hembree
Henson Hill, C E Hill, C.A

Y Keen Y Keown Y Kidd Y Knight
Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E
Williams, R Y Wix
Yates Richardson, Speaker

On the adoption of the Resolution, the ayes were 156, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HB 293. By Representative O`Neal of the 146th:

A BILL to be entitled an Act to amend Title 50 of the O.C.G.A., relating to state government, Title 10 of the O.C.G.A., relating to commerce and trade, Title 12 of the O.C.G.A., relating to conservation and natural resources, Title 15 of the O.C.G.A., relating to courts, Title 19 of the O.C.G.A., relating to domestic relations, Title 20 of the O.C.G.A., relating to education, Title 28 of the O.C.G.A., relating to the General Assembly, Title 34 of the O.C.G.A., relating to labor and industrial relations, Title 45 of the O.C.G.A., relating to public officers and employees, Title 47 of the O.C.G.A., relating to retirement and pensions, and Title 48 of the O.C.G.A., relating to revenue and taxation, so as to create the State Accounting Office; to provide for a state accounting officer; to provide for the appointment and removal of such officer; to provide for staff and offices; to provide for duties and responsibilities of such officer; to provide for effective dates; to repeal conflicting laws; and for other purposes.

The following substitute, offered by the Committee on Rules, was read and adopted:

A BILL

To amend Title 50 of the Official Code of Georgia Annotated, relating to state

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government, Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, Title 15 of the Official Code of Georgia Annotated, relating to courts, Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, Title 20 of the Official Code of Georgia Annotated, relating to education, Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, and Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to create the State Accounting Office; to provide for a state accounting officer; to provide for the appointment and removal of such officer; to provide for staff and offices; to provide for duties and responsibilities of such officer; to provide for certain reports and information to be provided to such officer by state organizations; to provide a definition; to authorize such officer to promulgate certain rules and regulations relating to travel expenses; to provide for related matters; to transfer certain duties and functions from the state auditor to the state accounting officer; to provide for the state accounting officer to receive certain reports; to change certain references from the Department of Audits and Accounts to the State Accounting Office; to remove certain functions and responsibilities from the state auditor; to repeal Resolution Act No. 48 (Senate Resolution No. 101), approved April 19, 1979 (Ga. L. 1979, p. 1365), relating to the development, issuance, review, and revision of employee travel reimbursement policies by the Department of Audits and the Office of Planning and Budget; 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 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new Chapter 5B to read as follows:
"CHAPTER 5B
50-5B-1. (a) The State Accounting Office is created and shall be administered by the state accounting officer. (b) The state accounting officer shall be appointed by the Governor and shall serve at the pleasure of the Governor. (c) Beginning July 1, 2005, the state accounting officer shall receive an annual salary to be set by the Governor. The state accounting officer shall also be reimbursed for all actual and necessary expenses incurred by him or her in carrying out his or her official duties.

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519

(d) The state accounting officer shall be required to take and subscribe before the Governor an oath to discharge faithfully and impartially the duties of such office, which oath shall be in addition to the oath required of all civil officers.
50-5B-2. (a) The state accounting officer shall establish such units within the State Accounting Office as he or she deems proper for its administration and shall designate persons to be directors and assistant directors of such units to exercise such authority as he or she may delegate to them in writing. (b) The state accounting officer shall have the authority, within budgetary limitations, to employ as many persons as he or she deems necessary for the administration of the office and for the discharge of the duties of the office. The state accounting officer shall issue all necessary directions, instructions, orders, and rules applicable to such persons. He or she shall have authority, as he or she deems proper, to employ, assign, compensate, and discharge employees of the office within the limitations of the offices appropriation, the requirements of the state merit system, and restrictions set forth by law.
50-5B-3. (a) The state accounting officer shall:
(1) Prescribe state-wide accounting policies, procedures, and practices; (2) Prescribe, develop, operate, and maintain uniform state accounting systems for all state organizations which facilitate financial accounting and reporting in accordance with generally accepted accounting principles and also meet state and federal accounting and financial reporting requirements; (3) Prescribe the manner in which disbursements shall be made by state organizations; (4) Prescribe and supervise the installation of any changes in the state accounting information systems necessary to secure and maintain internal control and facilitate the recording of accounting data for the purpose of preparing reliable, timely, and meaningful statements and reports; (5) Manage the states accounting, payroll, and human capital systems; (6) Using generally accepted accounting principles, prepare the states financial statements and other reports in accordance with legal requirements; (7) Provide annual financial statements and other reports to the state auditor and other auditors, as appropriate, for review and certification when required by statute or federal regulation; (8) Develop interim reports on the financial condition and budgetary compliance of the state and various state organizations; (9) Determine the proper classification for accounting and reporting purposes of all assets, liabilities, revenues, expenditures, fund balances, funds, and accounts in compliance with legal requirements and generally accepted accounting principles and

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prescribe a uniform classification of accounts and other accounting identifiers which shall be used by all state organizations; (10) Develop processes and systems to improve accountability and enhanced collection of accounts receivable due to the state. In developing these processes, the state accounting officer may prescribe procedures to allow for the recognition of uncollectible accounts for financial reporting purposes. He or she may also develop guidelines to allow uncollectible debts to be removed from active collection processes. This recognition shall not remove or diminish the states claim on accounts or debt owed to the state; and (11) Develop processes and systems to improve accountability and enhance efficiency for disbursement of funds and management of accounts payable. (b) The state accounting officer may recommend processes and systems to improve the cash management practices of the state to the State Depository Board. The state accounting officer in cooperation with the Office of Treasury and Fiscal Services may prescribe policies and procedures to implement the policies of the board.
50-5B-4. (a) As used in this chapter, the term 'organization of state government' shall mean, without limitation, any agency, authority, department, institution, board, bureau, commission, committee, office, or instrumentality of the State of Georgia. Such term shall not include any entity of local government, including, but not limited to, a county, municipality, consolidated government, board of education, or local authority, or an instrumentality of any such entity. (b) All organizations of state government and all officers, agents, and employees thereof shall conform to and comply with the rules, regulations, policies, procedures, and forms devised, promulgated, and installed by the state accounting officer. (c) All organizations of state government shall submit statements, reports, information, and data necessary to enable the state accounting officer to complete the reports required under this Code section and Code Section 50-5B-3. (d) All organizations of state government may only create and maintain accounting systems or subsidiary accounting systems that have been approved by the state accounting officer. (e) All organizations of state government shall provide lease information to the state accounting officer to permit the state accounting officer to properly account for and report all capital and operating leases. (f) All organizations of state government shall provide information to the state accounting officer necessary to properly account for and report real property and personal property. (g) All information and reports required in this Code section shall be provided in the form and within the time frame prescribed by the state accounting officer.
50-5B-5. The state accounting officer in cooperation with the Office of Planning and Budget is

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authorized to and shall adopt rules and regulations governing in-state and out-of-state travel and travel reimbursement that promote economy and efficiency in state government and which treat employees fairly and equitably."
SECTION 2. Said title is further amended by striking subsection (e) of Code Section 50-5-196, relating to the Distance Learning and Telemedicine Network Governing Board, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) Members of the governing board shall serve without compensation but, subject to fund availability, shall be reimbursed by the state department in which employed for all necessary expenses that may be incurred in the performance of their duties under this part in accordance with state travel regulations promulgated by the Office of Planning and Budget and the Department of Audits and Accounts State Accounting Office in the same manner that employees of the state merit system are reimbursed."
SECTION 3. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 50-5A-7, relating to duties of the Office of Treasury and Fiscal Services generally, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) To keep good and sufficient accounting records of every sum of money received into, or disbursed from, the state treasury, utilizing an accounting system in conformity with generally accepted accounting principles and approved by the state auditor accounting officer;".
SECTION 4. Said title is further amended by striking paragraph (5) of subsection (e) of Code Section 50-5A-11, relating to exceptions from public inspection for records of the Office of Treasury and Fiscal Services, and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) Given to the Governor, the Attorney General and the Department of Law, the Office of Planning and Budget, officers of the General Assembly, the Legislative Budget Office legislative budget offices, the state accounting officer and the State Accounting Office, the state auditor and the Department of Audits and Accounts, or the State Depository Board for use and public disclosure in the ordinary performance of those officers and offices duties."
SECTION 5. Said title is further amended by striking Code Section 50-6-7, relating to state officials to conform to rules of state auditor and produce books, records, and other papers for examination, and inserting in lieu thereof a new Code Section 50-6-7 to read as follows;
"50-6-7. All officers, agents, employees, departments, institutions, commissions, and bureaus of the state are directed and required to conform to and comply with all rules, regulations,

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and forms devised, promulgated, and installed by the state auditor in conformity with this chapter and shall produce and turn over to the state auditor or his or her assistants for examination and audit, whenever demanded by the state auditor, all of their books, records, accounts, vouchers, warrants, bills, and other papers dealing with or reflecting upon the financial transactions and management of such department, institution, agency, commission, bureau, or officer, including any and all cash on hand, but not including cash in banks, the amount of cash in banks to be ascertained by certificate furnished the state auditor by the bank."
SECTION 6. Said title is further amended by striking paragraph (1) of Code Section 50-6-24, relating to the duties and powers of the state auditor generally, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) To devise and, with the approval of the Governor, to promulgate, install, and establish forms and records for the collecting and paying out of all moneys, funds, and revenues of the state and to ensure the protection and proper use of all stores, equipment, and property of the state Reserved;".
SECTION 7. Said title is further amended by striking Code Section 50-6-26, relating to the preparation and publication of forms by the state auditor, and inserting in lieu thereof a new Code Section 50-6-26 to read as follows:
"50-6-26. The state auditor shall prepare and publish, by and with the approval of the Governor, complete forms applicable to the business transacted in each of the several boards, offices, institutions, departments, and commissions of the executive department of the state government, the same to be as uniform as the business respectively transacted therein shall permit; provided, however, that the Department of Administrative Services shall in all cases require each and every one of the several boards, offices, institutions, departments, and commissions of the executive department of state government to use consecutively numbered requisitions, purchase orders, and field purchase orders, which documents shall be retained and filed in numerical sequence to provide a procurement audit trail. It shall be the duty of each of the boards, offices, institutions, departments, and commissions, as directed by the Governor, to employ such forms and none other in transacting and recording their several financial transactions of every nature Reserved."
SECTION 8. Said title is further amended by striking Code Section 50-9-81, relating to the director and employees of the Agency for Removal of Hazardous Materials, and inserting in lieu thereof a new Code Section 50-9-81 to read as follows:
"50-9-81. The Governor shall appoint a director of the agency who shall serve at the pleasure of the Governor. The Governor may appoint as the director an officer or employee of

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523

another department or authority of the state, and if he or she does so, such person shall hold the office of director ex officio without further compensation except for normal reimbursement of actual expenses as provided for in the rules of the state auditor accounting officer and the Office of Planning and Budget. The director shall employ such employees of the agency as may be necessary to carry out its purposes."
SECTION 9. Said title is further amended by striking Code Section 50-12-77, relating to reports by overview committees concerning the Georgia Aviation Hall of Fame, and inserting in lieu thereof a new Code Section 50-12-77 to read as follows:
"50-12-77. The Georgia Aviation Hall of Fame Board shall cooperate with the committees, the Attorney General, the state auditor, the state accounting officer, and other state agencies in order that the charges of the committees, set forth in this subpart, may be timely and efficiently discharged. The board shall submit to the committees such reports and data as the committees shall reasonably require of the board in order that the committees may adequately perform their functions. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the Georgia Aviation Hall of Fame or the Georgia Aviation Hall of Fame Board. The committees shall, on or before the first day of January of each year, and at such other times as they deem necessary, submit to the General Assembly a report of their findings and recommendations based upon the review of the Georgia Aviation Hall of Fame, as set forth in this subpart."
SECTION 10. Said title 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, that comply with the policies prescribed by the state accounting officer 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 or the Department of Technical and Adult Education, in which case the obligation or charge in favor of the institution under the Board of Regents of the University System of Georgia or the Department of Technical and Adult Education 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 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

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$100.00 or less, or $3,000.00 or less for the institutions of the Board of Regents of the University System of Georgia or the Department of Technical and Adult Education, 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 accounting officer in a manner and at such times as are reflected in the standards developed by the state auditor accounting officer and the state agency or department."
SECTION 11. Said title 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, that comply with the policies prescribed by the state accounting officer 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. 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 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 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 accounting officer in a manner and at such times as are reflected in the standards developed by the state auditor accounting officer and the state agency or department."

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SECTION 12. Said title is further amended by striking subsections (a) and (b) of Code Section 50-1632, relating to the State Properties Commission, and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) There is created within the executive branch of state government a public body which shall be known as the State Properties Commission and which shall consist of ten members and be composed of the Governor; the Secretary of State; the director of the Office of Treasury and Fiscal Services; the state auditor accounting officer; three citizens appointed by the Speaker of the House of Representatives for terms ending on April 1 in each odd-numbered year; and three citizens appointed by the Lieutenant Governor for terms ending on April 1 in each odd-numbered year. The term of office of the appointed members of the commission is continued until their successors are duly appointed and qualified. The Lieutenant Governor may serve as an appointed citizen member. (b) The Governor shall be the chairperson of the commission, the state auditor accounting officer shall be its vice chairperson, and the Secretary of State shall be its secretary. Six members of the commission shall constitute a quorum. No vacancy on the commission shall impair the right of the quorum to exercise the powers and perform the duties of the commission. With the sole exception of acquisitions of real property, which acquisitions shall require six affirmative votes of the membership of the commission present and voting at any meeting, the business, powers, and duties of the commission may be transacted, exercised, and performed by a majority vote of the commission members present and voting at a meeting when more than a quorum is present and voting or by a majority vote of a quorum when only a quorum is present and voting at a meeting. An abstention in voting shall be considered as that member not being present and not voting in the matter on which the vote is taken. No person may be appointed, elected, or serve on the commission who is a member of the legislative or judicial branch of government. In the event any ex officio member is determined to be in either the legislative or judicial branch of government, the General Assembly declares that it would have passed this article without such ex officio position on the commission and would have reduced the quorum and vote required of the commission on all actions accordingly."
SECTION 13. Said title is further amended by striking paragraph (3) of subsection (b) of Code Section 50-17-23, relating to general obligation and guaranteed revenue debt, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) MINIMUM BALANCE REQUIRED; EXCESS MONEYS; INVESTMENTS. The amount to the credit of the common reserve fund shall at all times be at least equal to the aggregate highest annual debt service requirements on all outstanding guaranteed revenue obligations entitled to the benefit of such fund. If at the end of any fiscal year of the state the fund is in excess of the required amount, the director of the Office of Treasury and Fiscal Services, upon certification of the state auditor

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accounting officer, shall transfer such excess to the general funds of the state, free of such trust. The funds in the common reserve shall be as fully invested as is practical, consistent with the requirements of guaranteeing the principal and interest payments on the revenue obligations guaranteed by the state. Any such investments shall be restricted to obligations constituting direct and general obligations of the United States government or obligations unconditionally guaranteed as to the payment of principal and interest by the United States government, maturing no longer than 12 months from the date of purchase."
SECTION 14. Said title is further amended by striking Code Section 50-17-50, relating to the State Depository Board, and inserting in lieu thereof a new Code Section 50-17-50 to read as follows:
"50-17-50. The State Depository Board, referred to in this article as the 'board,' is created, consisting of the Governor, the Commissioner of Insurance, the state auditor accounting officer, the commissioner of banking and finance, the state revenue commissioner, the commissioner of transportation, and the director of the Office of Treasury and Fiscal Services, referred to in this article as the 'director,' who shall act as administrative officer of the board. A majority of the board shall constitute a quorum, and the acts of the majority shall be the acts of the board. The board, in its discretion, may name and appoint, from time to time, as state depositories of state funds any bank or trust company which has its deposits insured by the Federal Deposit Insurance Corporation. The board may also name and appoint as state depositories of state funds any building and loan association or federal savings and loan association which has its deposits insured by the Savings Association Insurance Fund of the Federal Deposit Insurance Corporation or the Georgia Credit Union Deposit Corporation. The board may also authorize any department, board, bureau, or other agency of the state which has a foreign office to deposit state funds for current operating expenses in certain foreign banks, the deposits of which are not insured by the Federal Deposit Insurance Corporation, provided the balance of such deposits in any one foreign bank does not exceed limits prescribed by the State Depository Board. For the purposes of this article, 'foreign bank' shall mean a bank organized under the laws of a foreign country. The board is assigned to the Department of Administrative Services for administrative purposes only as prescribed in Code Section 50-4-3."
SECTION 15. Said title is further amended by striking Code Section 50-25-7.10, relating to quarterly reports required of executive director of Georgia Technology Authority, and inserting in lieu thereof a new Code Section 50-25-7.10 to read as follows:
"50-25-7.10. The executive director shall submit to the director of the Office of Planning and Budget and the state auditor accounting officer on a quarterly basis a report of all activity

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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 detail on expenditures including systems development, personal services, and equipment from the previous quarter and anticipated expenditures for the upcoming quarter, 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 16. Said title is further amended by striking Code Section 50-25-7.12, relating to joint development of budgeting and accounting system for technology resources, and inserting in lieu thereof a new Code Section 50-25-7.12 to read as follows:
"50-25-7.12. The authority, the Office of Planning and Budget, and the state auditor accounting officer 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 accounting officer 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."
SECTION 17. Said title is further amended by striking paragraph (7) of subsection (a) of Code Section 50-27-11, relating to duties of the chief executive officer of the Georgia Lottery Corporation, and inserting in lieu thereof a new paragraph (7) to read as follows:
"(7) Report quarterly to the state auditor, the state accounting officer, and the board a full and complete statement of lottery revenues and expenses for the preceding quarter; and".
SECTION 18. Said title is further amended by striking subsection (f) of Code Section 50-27-13, relating to disposition of lottery proceeds, and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) In compliance with the requirement of the Constitution that there shall be a separate accounting of lottery proceeds, no deficiency in the Lottery for Education Account shall be replenished by book entries reducing any nonlottery reserve of general funds, including specifically but without limitation the revenue shortfall reserve or the midyear adjustment reserve; nor shall any program or project started specifically from lottery proceeds be continued from the general fund; such programs must be adjusted or discontinued according to available lottery proceeds unless the General Assembly by

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general law establishes eligibility requirements and appropriates specific funds within the general appropriations Act; nor shall any nonlottery surplus in the general fund be reduced. No surplus in the Lottery for Education Account shall be reduced to correct any nonlottery deficiencies in sums available for general appropriations, and no surplus in the Lottery for Education Account shall be included in any surplus calculated for setting aside any nonlottery reserve or midyear adjustment reserve. In calculating net revenue collections for the revenue shortfall reserve and midyear adjustment reserve, the state auditor accounting officer shall not include the net proceeds."
SECTION 19. Said title is further amended by striking Code Section 50-27-33, relating to reports by the Georgia Lottery Corporation, and inserting in lieu thereof a new Code Section 50-27-33 to read as follows:
"50-27-33. To ensure the financial integrity of the lottery, the corporation through its board of directors shall:
(1) Submit quarterly and annual reports to the Governor, state auditor, the state accounting officer, and the oversight committee created by Code Section 50-27-34, disclosing the total lottery revenues, prize disbursements, operating expenses, and administrative expenses of the corporation during the reporting period. The annual report shall additionally describe the organizational structure of the corporation and summarize the functions performed by each organizational division within the corporation; (2) Adopt a system of internal audits; (3) Maintain weekly or more frequent records of lottery transactions, including the distribution of tickets or shares to retailers, revenues received, claims for prizes, prizes paid, prizes forfeited, and other financial transactions of the corporation; (4) Contract with a certified public accountant or firm for an annual financial audit of the corporation. The certified public accountant or firm shall have no financial interest in any vendor with whom the corporation is under contract. The certified public accountant or firm shall present an audit report not later than seven four months after the end of the fiscal year. The certified public accountant or firm shall evaluate the internal auditing controls in effect during the audit period. The cost of this annual financial audit shall be an operating expense of the corporation. The state auditor may at any time conduct an audit of any phase of the operations of the Georgia Lottery Corporation at the expense of the state and shall receive a copy of the annual independent financial audit. A copy of any audit performed by the certified public accountant or firm or the state auditor shall be transmitted to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives, the state auditor, the state accounting officer, and the oversight committee chairperson; (5) Submit to the Office of Planning and Budget, and the state auditor, and the state accounting officer by June 30 of each year a copy of the annual operating budget for the corporation for the next fiscal year. This annual operating budget shall be

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approved by the board and be on such forms as prescribed by the Office of Planning and Budget; (6) For informational purposes only, submit to the Office of Planning and Budget on September 1 of each year a proposed operating budget for the corporation for the succeeding fiscal year. This budget proposal shall also be accompanied by an estimate of the net proceeds to be deposited into the Lottery for Education Account during the succeeding fiscal year. This budget shall be on such forms as prescribed by the Office of Planning and Budget; and (7) Adopt the same fiscal year as that used by state government."
SECTION 20. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by striking Code Section 10-9-22, relating to authority of the Geo. L. Smith II World Congress Center Authority to cooperate with certain entities, and inserting in lieu thereof a new Code Section 10-9-22 to read as follows:
"10-9-22. The Geo. L. Smith II Georgia World Congress Center Authority shall cooperate with the committee, its authorized personnel, the Attorney General, the state auditor, the state accounting officer, and other state agencies in order that the charges of the committee, set forth in this article, may be timely and efficiently discharged. The authority shall submit to the committee such reports and data as the committee shall reasonably require of the authority in order that the committee may adequately perform its functions. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the Geo. L. Smith II Georgia World Congress Center Authority. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the General Assembly a report of its findings and recommendations based upon the review of the Geo. L. Smith II Georgia World Congress Center Authority, as set forth in this chapter."
SECTION 21. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by striking Code Section 12-3-22, relating to the reporting requirements of certain associations and authorities, and inserting in lieu thereof a new Code Section 12-3-22 to read as follows:
"12-3-22. The Stone Mountain Memorial Association, the Jekyll Island--State Park Authority, the North Georgia Mountains Authority, and the Lake Lanier Islands Development Authority shall cooperate with the committee, its agents, the Attorney General, the state auditor, the state accounting officer, and other state agencies in order that the duties of the committee set forth in this part may be timely and efficiently discharged. Each of the named authorities shall submit to the committee such reports and data as the committee shall reasonably require of the authority in order that the committee may

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adequately perform its functions. At least annually the commissioner of natural resources and the departments director of state parks and historic sites shall make a report to the committee of any legislative changes or revisions that may be needed to assist the named authorities in accomplishing their statutory duties and functions as provided in this chapter, either individually or as a group. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the authorities named in this part. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the chairpersons of the appropriate standing committees of each house of the General Assembly a report of its findings and recommendations based upon the review of each of the named authorities, as set forth in this part."
SECTION 22. Said title is further amended by striking Code Section 12-3-502, relating to the cooperation of the Georgia Agricultural Exhibition Authority, and inserting in lieu thereof a new Code Section 12-3-502 to read as follows:
"12-3-502. The Georgia Agricultural Exposition Authority shall cooperate with the committee, its authorized personnel, the Attorney General, the state auditor, the state accounting officer, and other state agencies in order that the charges of the committee, set forth in this part, may be timely and efficiently discharged. The authority shall submit to the committee such reports and data as the committee shall reasonably require of the authority in order that the committee may adequately perform its functions. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the Georgia Agricultural Exposition Authority. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the General Assembly a report of its findings and recommendations based upon the review of the Georgia Agricultural Exposition Authority, as set forth in this part."
SECTION 23. Said title is further amended by striking Code Section 12-3-552, relating to the cooperation of the Georgia Music Hall of Fame Authority, and inserting in lieu thereof a new Code Section 12-3-552 to read as follows:
"12-3-552. The Georgia Music Hall of Fame Authority shall cooperate with the committee, its authorized personnel, the Attorney General, the state auditor, the state accounting officer, and other state agencies in order that the charges of the committee, set forth in this part, may be timely and efficiently discharged. The authority shall submit to the committee such reports and data as the committee shall reasonably require of the authority in order that the committee may adequately perform its functions. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the Georgia Music Hall of Fame Authority. The

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committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the General Assembly a report of its findings and recommendations based upon the review of the Georgia Music Hall of Fame Authority, as set forth in this part."
SECTION 24. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Code Section 15-21-145, relating to the duties of the Brain and Spinal Injury Trust Fund Commission, by striking paragraph (6) of subsection (a) and inserting in lieu thereof a new paragraph (6) to read as follows:
"(6) Conform to the standards and requirements prescribed by the state auditor accounting officer pursuant to Chapter 6 Chapter 5B of Title 50."
SECTION 25. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended in Code Section 19-14-5, relating to the powers and duties of the State Childrens Trust Fund Commission, by striking paragraph (7) of subsection (a) and inserting in lieu thereof a new paragraph (7) to read as follows:
"(7) Conform to the standards and requirements prescribed by the state auditor accounting officer pursuant to Chapter 6 Chapter 5B of Title 50."
SECTION 26. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking subsections (b) and (c) of Code Section 20-2-896, relating to the administrative discharge of certain debts, and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) In order to conserve the health insurance funds, the commissioner of community health is authorized, in conjunction with the state auditor, to develop a procedure that complies with the policies prescribed by the state accounting officer for the administrative discharge of any debt or obligation due the insurance fund when such debt or obligation is $400.00 or less. This provision shall not be construed to deny to the commissioner the authority to pursue the collection of any debt, obligation, or claim in any amount whatsoever when such pursuit is in the best interest of the insurance fund. (c) Upon a formal determination that a debt or obligation to the insurance fund of $400.00 or less is uncollectable, or that the costs of collection would equal or exceed the amount due the fund, the commissioner of community health shall execute and transmit to the state auditor accounting officer a certification which includes the following: a recapitulation of the efforts made to collect the debt or obligation; an estimate of the costs to pursue collection of the debt or obligation administratively or judicially; such other information as may be required by the procedure developed by the commissioner and the state auditor accounting officer; and a statement that further collection effort would be detrimental to the financial interests of the fund. The

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certification shall be made under oath or affirmation and shall be sent to the state auditor accounting officer at such times as shall be prescribed in the procedure developed by the commissioner and the state auditor accounting officer. Upon receipt of the certification, the state auditor accounting officer shall be authorized to approve the removal of such uncollectable amounts from the financial records of the fund."
SECTION 27. Said title is further amended by striking subsections (b) and (c) of Code Section 20-2924, relating to the administrative discharge of certain debts, and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) In order to conserve the health insurance funds, the commissioner of community health is authorized, in conjunction with the state auditor, to develop a procedure that complies with the policies prescribed by the state accounting officer for the administrative discharge of any debt or obligation due the insurance fund when such debt or obligation is $400.00 or less. This provision shall not be construed to deny to the commissioner the authority to pursue the collection of any debt, obligation, or claim in any amount whatsoever when such pursuit is in the best interest of the insurance fund. (c) Upon a formal determination that a debt or obligation to the insurance fund of $400.00 or less is uncollectable, or that the costs of collection would equal or exceed the amount due the fund, the commissioner of community health shall execute and transmit to the state auditor accounting officer a certification which includes the following: a recapitulation of the efforts made to collect the debt or obligation; an estimate of the costs to pursue collection of the debt or obligation administratively or judicially; such other information as may be required by the procedure developed by the commissioner and the state auditor accounting officer; and a statement that further collection effort would be detrimental to the financial interests of the fund. The certification shall be made under oath or affirmation and shall be sent to the state auditor accounting officer at such times as shall be prescribed in the procedure developed by the commissioner and the state auditor accounting officer. Upon receipt of the certification, the state auditor accounting officer shall be authorized to approve the removal of such uncollectable amounts from the financial records of the fund."
SECTION 28. Said title is further amended by striking Code Section 20-4-12, relating to expenses and mileage allowance of the State Board of Technical and Adult Education, and inserting in lieu thereof a new Code Section 20-4-12 to read as follows:
"20-4-12. The members of the State Board of Technical and Adult Education who are in state employment shall serve without compensation but, subject to fund availability, shall be reimbursed by the state department in which employed for all necessary expenses that may be incurred in the performance of their duties under this article in accordance with state travel regulations promulgated by the Office of Planning and Budget and the

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Department of Audits and Accounts State Accounting Office in the same manner that employees of the state merit system are reimbursed. For those State Board of Technical and Adult Education members who are not in state employment, the expense and mileage allowance shall be the same as that authorized for the General Assembly and shall be payable, subject to fund availability, by the State Board of Technical and Adult Education."
SECTION 29. Said title is further amended by striking subsections (b) and (c) of Code Section 20-1515, relating to the Georgia Medical Center Authority Overview Committee, and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) The state auditor, the state accounting officer, the Attorney General, and all other agencies of state government, upon request by the committee, shall assist the committee in the discharge of its duties set forth in this chapter. The committee may employ not more than two staff members and may secure the services of independent accountants, engineers, and consultants. (c) The Georgia Medical Center Authority shall cooperate with the committee, its authorized personnel, the Attorney General, the state auditor, the state accounting officer, and other state agencies in order that the charges of the committee, set forth in this chapter, may be timely and efficiently discharged. The authority shall submit to the committee such reports and data as the committee shall reasonably require of the authority in order that the committee may adequately perform its functions. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the Georgia Medical Center Authority. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the General Assembly a report of its findings and recommendations based upon the review of the Georgia Medical Center Authority, as set forth in this chapter."
SECTION 30. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended by striking paragraph (3) of subsection (b) of Code Section 28-1-8, relating to salary and allowances of members and officers of the General Assembly, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) Notwithstanding any other provision of this subsection to the contrary, reimbursement of authorized transportation costs incurred by a member of the General Assembly for air travel inside or outside the state at any time shall be limited to the amounts provided for in the state-wide contract. As used in this paragraph, the term 'state-wide contract' means the state-wide contract for airline travel incorporated in the state travel regulations established by the Department of Audits and Accounts and the Office of Planning and Budget State Accounting Office. This limitation shall not apply, however, if the air travel is between pairs of cities not covered in the statewide contract, if no state-wide contract is in effect, if the contracted flight is other

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than a nonstop flight, the contracted flight would cause the member undue hardship or would conflict with the members schedule, or if passage under a state-wide contract is otherwise not reasonably available. When reimbursement is requested for an amount in excess of the amount provided in the state-wide contract, the member shall sign a statement indicating which of the foregoing exceptions applies."
SECTION 31. Said title is further amended by striking Code Section 28-10-4, relating to the cooperation of the Georgia Rail Passenger Authority, and inserting a new Code Section 28-10-4 to read as follows:
"28-10-4. The Georgia Rail Passenger Authority shall cooperate with the committee, its authorized personnel, the Attorney General, the state accounting officer, and the state auditor in order that the committee may efficiently and effectively carry out its duties. The Georgia Rail Passenger Authority shall submit to the committee such reports and data as the committee shall reasonably require of said authority in order that the committee may adequately inform itself of the activities of said authority. The committee shall, on or before the first day of January of each year, and at such other times as it deems to be in the public interest, submit to the General Assembly a report of its findings and recommendations based upon the review of the operations of the Georgia Rail Passenger Authority."
SECTION 32. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by striking subsection (b) of Code Section 34-2-6, relating to the specific powers and duties of the Commissioner of Labor, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Upon a formal determination that a debt or obligation of a former employer who is no longer in business in the State of Georgia to the Department of Labor of $300.00 or less is uncollectable, or that the costs of collection would equal or exceed the amount due such department, the Commissioner of Labor shall execute and transmit to the state auditor accounting officer a certification which includes the following: a recapitulation of the efforts made to collect the debt or obligation; an estimate of the costs to pursue collection of the debt or obligation administratively or judicially; such other information as may be required by the procedure developed by the Commissioner of Labor and that complies with policies prescribed by the state auditor accounting officer; and a statement that further collection effort would be detrimental to the financial interests of the state. The certification shall be made under oath or affirmation and shall be sent to the state auditor accounting officer at such times as shall be prescribed in the procedure developed by the Commissioner of Labor and the state auditor accounting officer. Upon receipt of the certification, the state auditor accounting officer shall be authorized to approve the removal of such uncollectable amounts from the financial records of the Department of Labor."

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SECTION 33. Said title is further amended by striking subsection (c) of Code Section 34-8-166, relating to interest on delinquent contribution payments, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The Commissioner shall file an annual report with the Attorney General, the members of the Senate Insurance and Labor Committee, and the members of the House Industrial Relations Committee stating the number of cases and the total amount of interest which is waived pursuant to this Code section. The Commissioner shall retain on file for five years a detailed statement listing the names of the employers whose interest was waived, the amount of interest waived, the number of cases, and the specified reasons for each waiver under this Code section. This statement shall be available for review by members of the General Assembly, the Attorney General, the state accounting officer, and the state auditor."
SECTION 34. Said title is further amended by striking paragraph (2) of subsection (b) of Code Section 34-8-173, relating to the release or subordination of property subject to lien, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) The Commissioner shall file an annual report with the Attorney General, the members of the Senate Insurance and Labor Committee, and the members of the House Industrial Relations Committee, which report shall state the number of cases and the total amount of debt which is compromised under this Code section. The Commissioner shall retain on file for five years a detailed statement listing the names of the employers whose debt was compromised, the amount of debt compromised, the number of cases, and the specified reasons for each debt compromise under this Code section. This statement shall be available for review by members of the General Assembly, the Attorney General, the state accounting officer, and the state auditor."
SECTION 35. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by striking paragraph (10) of Code Section 45-10-20, relating to definitions concerning conflicts of interest, and inserting in lieu thereof a new paragraph (10) to read as follows:
"(10) 'State-wide powers' means those powers exercised by public officials which affect and influence all of state government. Public officials who exercise such powers include but are not limited to the Governor, the Lieutenant Governor, members of the General Assembly, Justices of the Supreme Court, Judges of the Court of Appeals, the Secretary of State, the Attorney General, the state auditor, the state accounting officer, the commissioner of administrative services, the commissioner of the State Merit System of Personnel Administration and members of the State Personnel Board, the director of the Office of Planning and Budget, judges of the superior courts, and district attorneys."

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SECTION 36. Said title is further amended by striking subsections (b) and (c) of Code Section 45-1818, relating to the discharge of certain debts and obligations due the health insurance fund, and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) In order to conserve the health insurance funds, the commissioner of community health is authorized, in conjunction with the state auditor, to develop a procedure that complies with the policies prescribed by the state accounting officer for the administrative discharge of any debt or obligation due the insurance fund when such debt or obligation is $400.00 or less. This provision shall not be construed to deny to the commissioner the authority to pursue the collection of any debt, obligation, or claim in any amount whatsoever when such pursuit is in the best interest of the insurance fund. (c) Upon a formal determination that a debt or obligation to the insurance fund of $400.00 or less is uncollectable, or that the costs of collection would equal or exceed the amount due the fund, the commissioner of community health shall execute and transmit to the state auditor accounting officer a certification which includes the following: a recapitulation of the efforts made to collect the debt or obligation; an estimate of the costs to pursue collection of the debt or obligation administratively or judicially; such other information as may be required by the procedure developed by the commissioner and the state auditor accounting officer; and a statement that further collection effort would be detrimental to the financial interests of the fund. The certification shall be made under oath or affirmation and shall be sent to the state auditor accounting officer at such times as shall be prescribed in the procedure developed by the commissioner and the state auditor accounting officer. Upon receipt of the certification, the state auditor accounting officer shall be authorized to approve the removal of such uncollectable amounts from the financial records of the fund."
SECTION 37. Said title is further amended by striking subsection (b) of Code Section 45-18-51, relating to the Employee Benefit Plan Council, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The members of the council who are in state employment shall serve without compensation but, subject to fund availability, shall be reimbursed by the state department in which they are employed for all necessary expenses that may be incurred in the performance of their duties under this article in accordance with state travel regulations promulgated by the Office of Planning and Budget and the Department of Audits and Accounts State Accounting Office in the same manner that employees of the state merit system are reimbursed. For those councilmembers who are not in state employment, the expense and mileage allowance shall be the same as that authorized for the General Assembly and shall be payable, subject to fund availability, from the state merit system."
SECTION 38.

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Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended in Code Section 47-1-14, relating to certain records of retirement systems being exempt from public disclosure, by striking paragraph (5) of subsection (e) and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) Given to the Attorney General and the Department of Law, the Office of Planning and Budget, the state accounting officer and the State Accounting Office, or the state auditor and the Department of Audits and Accounts for use and public disclosure in the ordinary performance of those officers and offices duties."
SECTION 39. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking Code Section 48-3-23.1, relating to authorization for the state revenue commissioner to develop standards to discharge debts or obligations barred by the statute of limitations, and inserting in lieu thereof a new Code Section 48-3-23.1 to read as follows:
"48-3-23.1. In order to preserve public funds and to limit efforts to collect debts or obligations barred by the statute of limitations, the commissioner is authorized to develop appropriate standards, in conjunction with the Department of Audits and Accounts, that comply with the policies prescribed by the state accounting officer which will provide a mechanism to administratively discharge any debt or obligation in favor of the department when the collection of any obligation or charge, regardless of amount, is barred by the applicable statute of limitations. Certificates identifying such uncollectable accounts shall be forwarded to the state auditor accounting officer in a manner and at such times as are reflected in the standards developed by the state auditor accounting officer and the department."
SECTION 40. Resolution Act No. 48 (Senate Resolution No. 101), approved April 19, 1979 (Ga. L. 1979, p. 1365), relating to the development, issuance, review, and revision of employee travel reimbursement policies by the Department of Audits and the Office of Planning and Budget, is repealed in its entirety.
SECTION 41. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective on July 1, 2005. (b) Sections 10 and 11 of this Act shall become effective on June 30, 2006.
SECTION 42. 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 Rules Committee substitute.

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

Y Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague
Benfield Y Benton E Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd
Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T
Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner N Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H E Floyd, J Y Fludd N Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J E Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C E Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James
Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey N Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice E Roberts Y Rogers Y Royal Y Rynders

E Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens N Stephenson Y Talton Y Teilhet N Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, R N Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 154, nays 10.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

On the preceding roll call, Representative Forster of the 3rd voted "nay." He wished to be recorded as voting "aye" thereon.

Representatives Benfield of the 85th and Carter of the 159th stated that they had been called from the floor of the House during the preceding roll call. They wished to be

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recorded as voting "aye" thereon.
Representative Hill of the 180th was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon.
HB 184. By Representatives Scott of the 153rd, Heard of the 104th, Geisinger of the 48th and Powell of the 29th:
A BILL to be entitled an Act to amend Code Section 43-41-3 of the Official Code of Georgia Annotated, relating to creation of State Licensing Board for Residential and General Contractors, so as to change the manner of appointment of members of the board; 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 Code Section 43-41-3 of the Official Code of Georgia Annotated, relating to creation of State Licensing Board for Residential and General Contractors, so as to change the manner of appointment of members of the board; 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 43-41-3 of the Official Code of Georgia Annotated, relating to creation of State Licensing Board for Residential and General Contractors, is amended by striking the Code section and inserting in lieu thereof a new Code Section 43-41-3 to read as follows:
"43-41-3. (a) There is created the State Licensing Board for Residential and General Contractors consisting of 14 members, ten of whom who shall be appointed by the Governor for five-year terms, 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 or successor by Senate Rule 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

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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 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, 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, 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. The members appointed by the Speaker of the House of Representatives and the Senate Committee on Assignments or successor by Senate Rule shall be residential contractors. 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 Governor in making such initial appointments shall specify the term for which each such appointee shall serve. The

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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, 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 or successor by Senate Rule, 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. The members appointed by the Speaker of the House of Representatives and the Senate Committee on Assignments or successor by Senate Rule shall be general contractors. 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 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 Governor in making such initial appointments shall specify the term for which each such appointee shall serve. 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."

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 Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson

Y Maxwell Y May Y McCall N McClinton Y Meadows Y Millar Y Miller Y Mills

E Sailor Y Scheid Y Scott, A N Scott, M N Setzler Y Shaw Y Sheldon Y Sims, C

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N Benfield Y Benton E Black N Bordeaux Y Borders Y Bridges N Brooks Y Brown Y Bruce N Bryant Y Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

N Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H E Floyd, J Y Fludd N Forster N Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield
Heard, J E Heard, K Y Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A

N Jacobs Y James
Jamieson Y Jenkins E Jennings N Johnson
Jones, J N Jones, S N Jordan Y Keen
Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord N Loudermilk N Lucas Y Lunsford Y Maddox N Mangham
Manning Y Marin Y Martin

Y Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal N Orrock Y Parham Y Parrish
Parsons Y Porter Y Powell Y Ralston N Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice E Roberts
Rogers Y Royal Y Rynders

Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin N Walker Y Warren Y Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 130, nays 33.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Heard of the 104th and Jones of the 46th 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 296. By Representative Willard of the 49th:

A BILL to be entitled an Act to amend Title 15 of the O.C.G.A., relating to courts, so as to authorize the Family Court Division of the Superior Court of Fulton County in the Atlanta Judicial Circuit as a pilot project of limited duration; to provide for judges and their appointment, designation, and terms; to provide for district attorneys, public defenders, a clerk, probation officers, and other employees; to authorize agreements with other courts and agencies for the assignment of personnel to such court; to authorize the Attorney General to appoint attorneys to represent the Department of Human Resources in such court; to authorize the chief judge of the Superior Court to

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543

require family court judges to complete a planned program of instruction; to provide for expenses; to provide for reports; to provide for automatic repeal; 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 roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague Y Benfield Y Benton E Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J E Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James
Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall Y McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice E Roberts
Rogers Y Royal Y Rynders

E Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

The Bill, having received the requisite constitutional majority, was passed.

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The following Resolutions of the House were read and adopted:
HR 232. By Representative Tumlin of the 38th:
A RESOLUTION honoring and recognizing Mr. Fred D. Bentley Sr.; and for other purposes.
HR 233. By Representatives O`Neal of the 146th, Talton of the 145th, Ray of the 136th and Coleman of the 144th:
A RESOLUTION commending Billy G. Edenfield; and for other purposes.
HR 234. By Representative Burmeister of the 119th:
A RESOLUTION recognizing the Kiwanis Club of Augusta and declaring March 10, 2005, to be Kiwanis Club of Augusta Day; and for other purposes.
HR 235. By Representative Benton of the 31st:
A RESOLUTION commending the Jefferson High School Wrestling Team, winners of the Georgia High School Association Class A Team Duals Wrestling Championship; and for other purposes.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 236. By Representatives Jones of the 44th, Brooks of the 63rd, Thomas of the 55th, McClinton of the 84th, Bruce of the 64th and others:
A RESOLUTION honoring the life of Donald L. Hollowell, expressing regret at his passing, and inviting his family to appear before the House of Representatives; and for other purposes.
Representative Forster of the 3rd District, Chairman of the Committee on Interstate Cooperation, submitted the following report:
Mr. Speaker:
Your Committee on Interstate Cooperation 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 89 Do Pass, by Substitute HR 167 Do Pass, as Amended

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545

Respectfully submitted, /s/ Forster of the 3rd
Chairman
Representative Williams of the 4th District, Chairman of the Committee on IntraGovernmental Coordination, submitted the following report:
Mr. Speaker:
Your Committee on Intra-Governmental Coordination 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 59 Do Pass
Respectfully submitted, /s/ Williams of the 4th
Chairman
Representative Ralston of the 7th District, Chairman of the Committee on Judiciary Non-civil, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary Non-civil 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 188 Do Pass HB 222 Do Pass
Respectfully submitted, /s/ Ralston of the 7th
Chairman
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.

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Representative Hall, Atlanta, Georgia

Tuesday, February 15, 2005

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

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

E Abdul-Salaam Amerson Bearden
E Beasley-Teague Benfield Benton
E Black Borders Bridges Brooks Brown Bryant Buckner, D Burkhalter Burns Byrd Carter Casas Chambers Cheokas Coan Cole Coleman, B Cooper Cox Crawford Cummings

Davis Dickson E Dodson Ehrhart England Epps Fleming Floyd, J Forster Franklin Freeman Geisinger Golick Graves, T Greene Harbin Hatfield Heard, J Heard, K Hembree Hill, C Hill, C.A Holmes Holt Horne Houston Howard

Jackson Jacobs Jamieson Jenkins E Jennings Jones, S Keown Kidd Knight Knox Lakly Lane, B Lane, R Lewis Lord Loudermilk Lunsford Maddox Mangham Manning E Martin Maxwell May Meadows Millar Miller

Mills Mitchell Morgan Mosby Mosley Mumford Murphy, J Murphy, Q Neal E Oliver O'Neal Orrock Parrish Parsons Porter Powell Ralston Randall Reece, S Reese Rice Roberts Royal Rynders E Sailor Scheid

Scott, A Scott, M Setzler Shaw Sheldon Sims, F Smith, B Smith, L Smith, P Smith, R Smith, T Smith, V Stephens Stephenson Talton Thomas, B Walker Warren Watson Wilkinson Willard Williams, E Williams, R Wix Yates Richardson, Speaker

The following members were off the floor of the House when the roll was called:

Representatives Anderson of the 123rd, Ashe of the 56th, Barnard of the 166th, Barnes of the 78th, Bordeaux of the 162nd, Bruce of the 64th, Burmeister of the 119th, Butler of the 18th, Channell of the 116th, Coleman of the 144th, Dean of the 59th, Dollar of the 45th, Dukes of the 150th, Floyd of the 99th, Fludd of the 66th, Gardner of the 57th, Graves of the 137th, Hanner of the 148th, Heckstall of the 62nd, Henson of the 87th, Hudson of the 124th, James of the 135th, Johnson of the 37th, Jones of the 46th, Jordan of the 77th, Keen of the 179th, Lindsey of the 54th, Lucas of the 139th, Marin of the 96th, McCall of the 30th, McClinton of the 84th, Reece of the 11th, Rogers of the 26th, Sinkfield of the 60th, Smyre of the 132nd, Stanley-Turner of the 53rd, Teilhet of the 40th, Thomas of the 55th, Tumlin of the 38th, and Williams of the 165th.

TUESDAY, FEBRUARY 15, 2005

547

They wish to be recorded as present.
Prayer was offered by Dr. Doug DeCelle, Pastor, First Presbyterian Church of LaGrange, LaGrange, Georgia.
The members pledged allegiance to the flag.
Representative Heard of the 104th, Chairman of the Committee on Information and Audits, 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 were introduced, read the first time and referred to the Committees:
HB 444. By Representatives Graves of the 137th, Rogers of the 26th, Harbin of the 118th and Hembree of the 67th:
A BILL to be entitled an Act to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to change the 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 repeal conflicting laws; and for other purposes.

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Referred to the Committee on Regulated Industries.
HB 445. By Representative Dean of the 59th:
A BILL to be entitled an Act to amend Article 1 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to sales under tax executions, so as to change provisions relative to disposition of excess proceeds of tax sales; to provide that the excess shall be distributed to the record owner of the property and notice shall be given to the record holder of any security deed or other recorded security interest in the property; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 446. By Representative Dean of the 59th:
A BILL to be entitled an Act to amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to provide that where there are excess proceeds from a tax sale, the time period for redemption of the property shall not commence to run until the excess proceeds have been distributed; to provide for related matters; to provide for effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 447. By Representative Dean of the 59th:
A BILL to be entitled an Act to amend Article 2 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to parties to executions of property issued without the judgment of a court, so as to provide that certain notice must be given to a person against whom a tax execution has been issued before the execution may be transferred; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 448. By Representative Dean of the 59th:
A BILL to be entitled an Act to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to change

TUESDAY, FEBRUARY 15, 2005

549

provisions relative to the issuance and transfer of tax executions; to provide for the prompt issuance of executions; to provide for executions to be promptly made available for transfer; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 449. By Representative Lane of the 167th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of McIntosh County, approved February 26, 1876 (Ga. L. 1876, p. 283), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5207), so as to provide for the election of members of the board of commissioners to staggered, four-year terms of office; to provide for related matters; to require the submission of this Act for preclearance; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 450. By Representative Lane of the 167th:
A BILL to be entitled an Act to provide for a homestead exemption from McIntosh 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; 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.
HB 451. By Representatives Talton of the 145th, Byrd of the 20th and Abdul-Salaam of the 74th:
A BILL to be entitled an Act to amend Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to early care and learning, so as to exempt certain nonprofit youth development organizations from licensing requirements for day-care centers, family day-care homes, or group day-care homes; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.

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HB 452. By Representatives Maddox of the 172nd, Smith of the 131st, Buckner of the 130th, England of the 108th, Crawford of the 127th and others:
A BILL to be entitled an Act to amend Code Section 4-15-1 of the Official Code of Georgia Annotated, relating to the establishment of the dog and cat reproductive sterilization support program, so as to provide for donations to the Dog and Cat Sterilization Fund by taxpayers through voluntary contributions on each taxpayers state income tax return; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 453. By Representatives Heard of the 104th, England of the 108th and Amerson of the 9th:
A BILL to be entitled an Act to amend Chapter 1 of Title 15 of the O.C.G.A., relating to general provisions relative to courts, so as to authorize the clerk of each superior court, state court, probate court, magistrate court, juvenile court, or municipal court to create and maintain digital copies of records, pleadings, orders, writs, process, or other documents submitted to or issued by the court in any criminal, quasi-criminal, juvenile, or civil proceeding or in any proceeding involving the enforcement of ordinances of local governments; to provide for requirements, practices, and procedures related to the digital storage and retrieval of such records; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 454. By Representatives Parsons of the 42nd, Tumlin of the 38th, Dollar of the 45th, Johnson of the 37th, Teilhet of the 40th and others:
A BILL to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3712), so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

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551

HB 455. By Representatives Murphy of the 23rd, Rice of the 51st, Parham of the 141st, Powell of the 29th and Dollar of the 45th:
A BILL to be entitled an Act to amend provisions of the O.C.G.A., relating to new and used motor vehicle dealers; to amend Chapter 2 of Title 40 of the O.C.G.A., relating to registration and licensing of motor vehicles, so as to provide for use of the vehicle identification number on temporary license plates; to provide that all temporary plates shall be required to have a holographic security image and a write resistant overlay; to require all sellers and distributors of holographic strips to register with the department; to provide for dealers plates; to provide for the replacement of lost or stolen plates; to delete references to temporary sites for selling motor vehicles; to provide for civil, administrative, and criminal penalties; to amend Chapter 47 of Title 43 of the O.C.G.A., relating to used motor vehicle and used motor vehicle parts dealers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 456. By Representatives Ehrhart of the 36th, Teilhet of the 40th, Golick of the 34th, Dollar of the 45th, Jones of the 44th and others:
A BILL to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, 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; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 457. By Representatives May of the 111th and Holt of the 112th:
A BILL to be entitled an Act to provide a new charter for the City of Social Circle; 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, mayor pro tempore, and city council and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on State Planning & Community Affairs - Local.
HB 458. By Representatives Smith of the 129th, Rogers of the 26th, Fleming of the 117th, Graves of the 12th and Loudermilk of the 14th:
A BILL to be entitled an Act to amend Chapter 16 of Title 40 of the Official Code of Georgia Annotated, relating to administration of the Department of Motor Vehicle Safety, so as to create the Commercial Transportation Advisory Committee; to provide for purposes and membership; to provide for terms of office and voting privileges; to provide for meetings and agendas; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 459. By Representative Bridges of the 10th:
A BILL to be entitled an Act 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 of such retirement system seeking a disability retirement shall make written application to the board of trustees; to provide that the board of trustees may request relevant information from a disability beneficiary; to provide a penalty for failure to provide such information; to provide for a reduction in disability allowance if the disability beneficiary is found to be earning more than the difference between the disability allowance and the earnable compensation used to calculate such allowance; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 460. By Representative Bridges of the 10th:
A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to make numerous changes throughout said title to ensure that Georgias public retirement systems are in compliance with the federal Internal Revenue Code and regulations promulgated thereunder; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 461. By Representatives Williams of the 165th, Barnard of the 166th and Stephens of the 164th:

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553

A BILL to be entitled an Act to amend an Act creating the Board of Education of Liberty County, approved December 10, 1986 (Ga. L. 1986, p. 3452), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3768), so as to provide a per diem allowance for the chairperson and members of the board of education; to provide for restrictions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 462. By Representatives Bridges of the 10th and Reece of the 27th:
A BILL to be entitled an Act to amend Code Section 20-2-55 of the Official Code of Georgia Annotated, relating to per diem and expenses of local board of education members, so as to provide that the General Assembly may by local law provide that a local board of education which provides its members health insurance through the state health benefit plan shall reimburse a member of such board who is a participant in such plan as a retired member of a public retirement system for any additional premium he or she must pay by virtue of his or her membership on the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 463. By Representative Bridges of the 10th:
A BILL to be entitled an Act to amend Code Section 47-2-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Employees Retirement System of Georgia, so as to define a certain term; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 464. By Representative Bridges of the 10th:
A BILL to be entitled an Act to amend Code Section 47-3-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Teachers Retirement System of Georgia, so as to define a certain term; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 465. By Representatives Marin of the 96th, Floyd of the 99th, Day of the 163rd, Coan of the 101st and Heard of the 104th:

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A BILL to be entitled an Act to amend Code Section 20-2-1180 of the Official Code of Georgia Annotated, relating to loitering upon school premises or within a school safety zone, penalties for violations, required check in of visitors, and posting signs of required check in, so as to change certain provisions relating to failure to leave school premises after being requested to leave; to change certain provisions relating to penalties for violations; to change certain provisions relating to check in requirements; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety.
HB 466. By Representative Hanner of the 148th:
A BILL to be entitled an Act to amend an Act abolishing the office of county treasurer of Stewart County, providing for the appointment of depositories for funds, and creating the office of disbursing clerk, approved August 20, 1927 (Ga. L. 1927, p. 666), as amended, so as to change certain provisions relating to appointment and bond of the disbursing clerk; to change certain provisions relating to duties of the disbursing clerk; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 467. By Representatives Heard of the 104th, Franklin of the 43rd, Graves of the 12th, Morgan of the 39th and Cheokas of the 134th:
A BILL to be entitled an Act to amend Code Section 26-2-373 of the Official Code of Georgia Annotated, relating to promulgation of rules, regulations, and standards by the Department of Human Resources and county boards of health, so as to require additional standards on certain matters; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 468. By Representatives Lewis of the 15th, Burmeister of the 119th, Stephens of the 164th, Sims of the 169th and Lunsford of the 110th:
A BILL to be entitled an Act to amend Code Section 48-7-40.17 of the Official Code of Georgia Annotated, relating to state income tax credits with respect to establishing or relocating certain headquarters, so as to change the manner and method of computing the amount of such credits; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Ways & Means.
HB 469. By Representatives Barnes of the 78th, Stephens of the 164th, Channell of the 116th, Buckner of the 76th and Mitchell of the 88th:
A BILL to be entitled an Act to amend Code Section 36-62-5 of the Official Code of Georgia Annotated, relating to compensation and expense reimbursement of directors of local development authorities, so as to provide that the governing authority of a county or city may authorize the payment of a per diem to its development authority; 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.
HB 470. By Representatives Lunsford of the 110th, Golick of the 34th, Smith of the 129th, Roberts of the 154th, Lewis of the 15th and others:
A BILL to be entitled an Act to amend the following provisions of the O.C.G.A., so as to change all references to "911" emergency numbers to read 9-1-1; Article 2 of Chapter 10 of Title 20, relating to obstruction of public administration; Article 2 of Chapter 5 of Title 46, relating to telephone service; Code Section 19-13-51, relating to definitions relative to the "Family Violence and Stalking Protective Order Registry Act,"; Code Section 31-111, relating to findings and declaration of policy relative to emergency services; Code Section 33-9-39, relating to restrictions on motor vehicle insurance surcharges relating to accidents involving law enforcement officers, firefighters, or emergency medical technicians; Code Section 36-6019, relating to dispatch centers, required training for communications officers, exceptions, and penalty for noncompliance; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Utilities & Telecommunications.
HB 471. By Representatives Mitchell of the 88th, Reece of the 27th, Lunsford of the 110th and Graves of the 12th:
A BILL to be entitled an Act to provide for a short title; to amend Code Section 40-5-6 of the Official Code of Georgia Annotated, relating to forms for making of anatomical gifts upon issuance or renewal of drivers licenses, so as to specify the wording of the notation affixed to a drivers license; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.

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HB 472. By Representatives Murphy of the 120th, Watson of the 91st and Warren of the 122nd:
A BILL to be entitled an Act to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to general organization of the executive branch of state government, so as to change provisions relating to requirements for certain privatization contracts; to change provisions for required notice; to require a competitive bidding or proposal process for such contracts; to provide for the invalidity of contracts entered into without compliance; to provide for emergency exceptions; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 473. By Representatives Mumford of the 95th and Hatfield of the 177th:
A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 42 of the O.C.G.A., relating to probation of first offenders, so as to clarify first offender status and provide duties, obligations, and responsibilities for the clerk of court, the probation department, and the Department of Corrections; to provide for discharge as a matter of law; to specify entities to whom first offender information shall be provided; to change the provisions relating to first offender dispositions and the release of records thereof; to amend Code Section 35-3-34 of the O.C.G.A., relating to disclosure and dissemination of criminal records to private persons and businesses, so as to conform a crossreference; to amend Code Section 16-11-131 of the O.C.G.A., relating to possession of firearms by convicted felons and first offender probationers, so as to conform a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 474. By Representative Mumford of the 95th:
A BILL to be entitled an Act 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 secretaries of superior court judges shall become members of such retirement system; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.

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557

HB 475. By Representatives Mumford of the 95th, Ralston of the 7th and Willard of the 49th:
A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that the clerk of superior court shall also serve as clerk of the state court, magistrate court, and juvenile court of the county; to provide for exceptions; to change the provisions relating to bonds; to change the provisions relating to personnel; to change the provisions relating to compensation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 476. By Representatives Mumford of the 95th and Cummings of the 16th:
A BILL to be entitled an Act to amend Chapter 14 of Title 47 of the O.C.G.A., relating to the Superior Court Clerks Retirement Fund of Georgia, so as to provide that membership dues in such fund shall be due on the first day of each month; to increase the amount of such dues; to provide that no creditable service shall be granted for months in which dues payments are in arrears; to increase a certain fee; to provide that a certain percentage of fines and forfeitures shall be due on the first day of each month; to provide for spouses benefits; to provide that the board of governors of such retirement fund shall be authorized to provide for a surviving spouses benefit in the event of the death of a member who would be eligible to receive a retirement benefit but for reaching the age of 55; to provide conditions under which such benefit may be granted; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 477. By Representatives Holmes of the 61st, Barnes of the 78th, Jordan of the 77th, Lucas of the 139th, Smyre of the 132nd and others:
A BILL to be entitled an Act to amend Code Section 42-5-51 of the Official Code of Georgia Annotated, relating to reimbursement of county for inmates, so as to increase the reimbursement rate paid by the state to counties for housing state inmates awaiting transfer to state correctional facilities; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.

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HB 478. By Representatives Holmes of the 61st, Wilkinson of the 52nd, Barnes of the 78th, Fludd of the 66th, Parham of the 141st and others:
A BILL to be entitled an Act 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 remove the requirement that license plates for vehicles owned by the state or a political subdivision that is used exclusively for governmental functions must be replaced when license plates for private vehicles are replaced; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 479. By Representative Mumford of the 95th:
A BILL to be entitled an Act to amend Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the membership of superior court judges, district attorneys, assistant district attorneys, and employees of the Prosecuting Attorneys Council in the Employees Retirement System of Georgia, so as to provide that an assistant district attorney who is a member of the Employees Retirement System of Georgia may obtain creditable service for certain prior service as an assistant district attorney; to provide for the payment of employer and employee contributions and interest; to provide conditions and limitations; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 480. By Representative Mumford of the 95th:
A BILL to be entitled an Act to amend Article 4 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable in the Georgia Judicial Retirement System, so as to provide that any member of the Georgia Judicial Retirement System may obtain creditable service for prior service as an active member of the Employees Retirement System of Georgia; to provide that any member of such retirement system may obtain creditable service for certain prior service as a county-paid assistant district attorney or employee of the Georgia Public Defender Standards Council; to provide for application and payment of the full actuarial value of such service; to provide conditions and limitations; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Retirement.
HB 481. By Representatives Knight of the 126th and Lunsford of the 110th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Butts County, approved February 24, 1941 (Ga. L. 1941, p. 793), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3833), so as to change the compensation of the members of the board; to provide for certain supplements to such compensation; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 482. By Representative Smith of the 113th:
A BILL to be entitled an Act to amend Code Section 47-20-84 of the Official Code of Georgia Annotated, relating to investment requirements for large retirement systems, so as to provide that certain large public retirement systems may invest a certain percentage of their portfolios in certain types of investments; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 483. By Representatives Lane of the 158th, Parrish of the 156th and Burns of the 157th:
A BILL to be entitled an Act to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Teachers Retirement System of Georgia, so as to provide for such credit for certain prior service as a temporary full-time employee; to provide for application and conditions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 484. By Representatives Lane of the 158th, Burns of the 157th, Warren of the 122nd, Knight of the 126th, Carter of the 159th and others:
A BILL to be entitled an Act to amend Code Section 27-3-17 of the Official Code of Georgia Annotated, relating to hunting deer with dogs, seasons, and permit required, so as to provide for a license to hunt deer with dogs on certain private land; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Game, Fish, & Parks.

HB 485. By Representative Reece of the 11th:

A BILL to be entitled an Act to amend an Act to provide for the election of members of the board of education of Chattooga County, approved April 25, 2002 (Ga. L. 2002, p. 4723), so as to provide for compensation of board members; to repeal conflicting laws; and for other purposes.

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

HR 230. By Representatives Jones of the 46th, Ehrhart of the 36th, Coleman of the 97th and O`Neal of the 146th:

A RESOLUTION creating the House Local School District Development Impact Fees Study Committee; and for other purposes.

Referred to the Committee on Education.

HR 231. By Representative Ralston of the 7th:

A RESOLUTION designating the A. L. Stepp Interchange; and for other purposes.

Referred to the Committee on Transportation.

HR 237. By Representative Franklin of the 43rd:

A RESOLUTION establishing redistricting standards for use by the House of Representatives; and for other purposes.

Referred to the Committee on Legislative & Congressional Reapportionment.

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

HB 429 HB 430 HB 431 HB 432 HB 433 HB 434 HB 435

HB 441 HB 442 HB 443 HR 216 HR 217 HR 228 SB 26

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561

HB 436 HB 437 HB 438 HB 439 HB 440

SB 52 SB 53 SB 92 SR 54 SR 80

The following Resolutions of the House, referred to the House Rules Subcommittee on Invites, were reported by the Committee on Rules with the following recommendations:

HR 194 Do Pass HR 196 Do Pass HR 199 Do Pass

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

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 15, 2005

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 18th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

HB 1 HB 180 HB 200 HB 212 HB 217 HB 272
HB 298
HB 319

Bona fide conservation use property; breach of covenant; exceptions Human Resources; criminal history information; provisions Subsequent Injury Trust Fund; reimbursement; dissolution Juvenile court; guardian ad litem; training for deprivation cases Athletic trainers; service in schools; licensing requirements; exception Educational and living expense grants; foster and adopted children; eligibility Georgia Higher Education Assistance Corporation and Georgia Student Finance Authority; certain powers Retirement; large retirement systems; invest in securities

Modified Open Rule

None

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Modified Structured Rule
None
Structured Rule
None
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Ehrhart of the 36th
Chairman
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 and House:
SB 82. By Senators Hamrick of the 30th, Schaefer of the 50th, Hudgens of the 47th, Cagle of the 49th, Shafer of the 48th and others:
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 supplement definitions relating to financial institutions; to define time parameters for meeting notices; to implement personnel policies; to promulgate regulations promoting parity with federal financial institutions; to prohibit certain persons from participating in financial institutions; to allow Georgia and federal courts access to financial information; to lengthen the time for closure of stock transfer books; to protect the shareholders during bank conversions, mergers, and consolidations; to require notice to the department when articles are amended; to update the financial requirements for licensure of mortgage brokers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 124. By Senators Seabaugh of the 28th, Johnson of the 1st, Balfour of the 9th and Meyer von Bremen of the 12th:

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563

A BILL to be entitled an Act to amend Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating to residential and general contractors, so as to change the method of appointing certain members of the board; to provide for certain qualifications concerning licensing for board members; to provide for the time for appointing members of the board; to provide for the time for filing of applications for exemption from examination; to provide for the time for filing applications for certain licensing; to amend Section 2 of an Act approved May 14, 2004 (Ga. L. 2004, p. 786), so as to change the effective date of such Act; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 137. By Senator Schaefer of the 50th:
A BILL to be entitled an Act to amend an Act to create the office of Commissioner of Towns County, approved March 14, 1984 (Ga. L. 1984, p. 4130), as amended, so as to reconstitute the board of commissioners of Towns County and revise and restate the law relating to the board; to provide for continuation in office of the present sole county commissioner; to provide for the establishment of commissioner districts; to provide for the election and terms of office for subsequent members; to provide for filling vacancies; to provide for the powers, duties, and authority of the chairperson and members of the board; to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
HB 143. By Representative Channell of the 116th:
A BILL to be entitled an Act to provide for a homestead exemption from Greene 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.
HB 144. By Representative Channell of the 116th:
A BILL to be entitled an Act to provide for a homestead exemption from Greene 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; 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

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referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:

HB 98. By Representatives Golick of the 34th, Roberts of the 154th, Smith of the 70th and Jones of the 46th:

A BILL to be entitled an Act to amend Chapter 22 of Title 36 of the O.C.G.A., relating to community greenspace preservation, so as to provide a short title; to provide for state and local government activities with respect to land conservation; to state legislative intent; to define terms; to create the Georgia Land Conservation Council and provide for its membership, powers, duties, and operations; to create the Georgia Land Conservation Trust Fund and to create the Georgia Land Conservation Revolving Loan Fund and provide for appropriations and other additions to said funds, as well as grants and other disbursements from said funds; to provide for eligibility for and award and disbursement of grants to counties, cities, and the Department of Natural Resources; 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 3.

By Senators Smith of the 52nd, Johnson of the 1st, Seabaugh of the 28th, Stephens of the 27th, Hamrick of the 30th and others:

A BILL to be entitled an Act to amend Titles 9, 24, and 51 of the O.C.G.A., relating respectively to civil practice; evidence; and torts, so as to provide for substantive and comprehensive revision of provisions regarding civil practice, evidentiary matters, and liability in tort actions in general and actions related to health care in particular; to provide for legislative findings; to change provisions relating to venue in actions with joint defendants; to change provisions relating to affidavits accompanying charges of professional malpractice; to provide for defendants access to plaintiffs health information in medical malpractice cases; to provide for offers for judgment and the effect thereof; to provide that certain statements of apology or fault by health care providers shall not be admitted as evidence in civil actions; 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:

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565

SB 82.

By Senators Hamrick of the 30th, Schaefer of the 50th, Hudgens of the 47th, Cagle of the 49th, Shafer of the 48th and others:

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 supplement definitions relating to financial institutions; to define time parameters for meeting notices; to implement personnel policies; to promulgate regulations promoting parity with federal financial institutions; to prohibit certain persons from participating in financial institutions; to allow Georgia and federal courts access to financial information; to lengthen the time for closure of stock transfer books; to protect the shareholders during bank conversions, mergers, and consolidations; to require notice to the department when articles are amended; to update the financial requirements for licensure of mortgage brokers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Banks & Banking.

SB 124. By Senators Seabaugh of the 28th, Johnson of the 1st, Balfour of the 9th and Meyer von Bremen of the 12th:

A BILL to be entitled an Act to amend Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating to residential and general contractors, so as to change the method of appointing certain members of the board; to provide for certain qualifications concerning licensing for board members; to provide for the time for appointing members of the board; to provide for the time for filing of applications for exemption from examination; to provide for the time for filing applications for certain licensing; to amend Section 2 of an Act approved May 14, 2004 (Ga. L. 2004, p. 786), so as to change the effective date of such Act; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Regulated Industries.

SB 137. By Senator Schaefer of the 50th:

A BILL to be entitled an Act to amend an Act to create the office of Commissioner of Towns County, approved March 14, 1984 (Ga. L. 1984, p. 4130), as amended, so as to reconstitute the board of commissioners of Towns County and revise and restate the law relating to the board; to provide for continuation in office of the present sole county commissioner; to provide for the establishment of commissioner districts; to provide for the election and terms of office for subsequent members; to provide for filling vacancies;

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to provide for the powers, duties, and authority of the chairperson and members of the board; to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

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

The following members were recognized during the period of Morning Orders and addressed the House:

Wilkinson of the 52nd, Scheid of the 22nd, Porter of the 143rd, Howard of the 121st, and Walker of the 107th.

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

HR 194. By Representative Floyd of the 147th:

A RESOLUTION recognizing the Cordele-Crisp County Fish Fry and commending Mr. Ferrell Henry, Mr. Don Tucker, Mr. Jimmy Black, and Mr. Phil Streetman and inviting the cooking team to appear before the House of Representatives; and for other purposes.

HR 196. By Representatives Floyd of the 147th and Coleman of the 144th:

A RESOLUTION commending the Hawkinsville High School Red Devils football team and inviting the team to the House of Representatives; and for other purposes.

HR 199. By Representatives Smith of the 113th, Crawford of the 127th, Ehrhart of the 36th, Royal of the 171st, Roberts of the 154th and others:

A RESOLUTION Recognizing and commending the 4-H Clubs of Georgia and inviting Mr. Scottie Rowell, Dr. Roger C. (Bo) Ryles, Dr. Mel Garber, and the 2004-2005 4-H Leadership Team to appear before the House of Representatives; and for other purposes.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Regulated Industries and referred to the Committee on Governmental Affairs:

SB 68.

By Senators Seabaugh of the 28th, Johnson of the 1st, Stephens of the 27th, Balfour of the 9th, Brown of the 26th and others:

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567

A BILL to be entitled an Act to amend Chapter 39A of Title 43 of the O.C.G.A., relating to real estate appraisers, so as to change certain definitions; to provide for board member recusals under certain circumstances; to provide for board approval of schools and instructors offering continuing education courses; to change certain provisions relating to hearings and investigations; to amend Chapter 40 of Title 43 of the O.C.G.A., relating to real estate brokers and salespersons, so as to change certain definitions; to provide for recusal of a commission member in certain circumstances; to change a provision relating to removal of a commission member; to provide for the appointment of a director or coordinator for each approved school; to provide for related matters; to repeal conflicting laws; 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 298. By Representatives Hembree of the 67th, Ehrhart of the 36th, Martin of the 47th and Smith of the 113th:

A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, grants, and loans, so as to allow the Georgia Higher Education Assistance Corporation and the Georgia Student Finance Authority to exercise powers possessed by private corporations performing similar functions; to increase the amount of bonds that the Georgia Student Finance Authority may issue; to provide the Georgia Student Finance Authority with collection tools to collect unpaid service cancelable loans that are in cash repayment status; to provide the Georgia Student Finance Commission with collection tools to collect unpaid HOPE scholarship and grant funds; 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:

E Abdul-Salaam Y Amerson Y Anderson
Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield

Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar
Drenner

Y Holmes Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs

Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell

Y Sailor Y Scheid Y Scott, A N Scott, M
Setzler Shaw Y Sheldon Sims, C Y Sims, F

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Y Benton E Black
Bordeaux Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H
Floyd, J Fludd Y Forster N Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J
Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord
Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin E Martin

Y Morgan Y Morris Y Mosby
Mosley Y Mumford
Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter
Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts
Rogers Y Royal Y Rynders

Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet
Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R E Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 150, nays 2.

The Bill, having received the requisite constitutional majority, was passed.

Representatives Ashe of the 56th, Hudson of the 124th, Jones of the 44th, Murphy of the 23rd, Sims of the 169th, and Thomas of the 55th 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 Loudermilk of the 14th 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.

HB 272. By Representatives Hembree of the 67th, Sims of the 169th, Oliver of the 83rd, O`Neal of the 146th and Byrd of the 20th:

A BILL to be entitled an Act to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to provide for a program of educational and living expense grants for certain children who qualify as foster children; to provide for eligibility; to provide

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for administration, practices, procedures, and requirements related to such grants; to provide for reports; 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:

E Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton E Black Y Bordeaux
Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar
Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster N Franklin Y Freeman
Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly
Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall Y McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M
Setzler Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R E Wix Yates Richardson, Speaker

On the passage of the Bill, the ayes were 161, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE

HB 1. By Representative Royal of the 171st:
A BILL to be entitled an Act to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to provide for additional acts which shall not constitute a breach of a conservation use covenant; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
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 acts which shall not constitute a breach of a conservation use covenant; 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 striking subsection (p) and inserting in its place a new subsection (p) to read as follows:
"(p) The following shall not constitute a breach of a covenant: (1) Mineral exploration of the property subject to the covenant or the leasing of the property subject to the covenant for purposes of mineral exploration if the primary use of the property continues to be the good faith production from or on the land of agricultural products; (2) Allowing all or part of the property subject to the covenant to lie fallow or idle for purposes of any land conservation program, for purposes of any federal agricultural assistance program, or for other agricultural management purposes; (3) Allowing all or part of the property subject to the covenant to lie fallow or idle due to economic or financial hardship if the owner notifies the board of tax assessors on or before the last day for filing a tax return in the county where the land lying fallow or idle is located and if such owner does not allow the land to lie fallow or idle for more than two years of any five-year period; or (4)(A) Any property which is subject to a covenant for bona fide conservation use being transferred to a place of religious worship or burial or an institution of purely public charity if such place or institution is qualified to receive the exemption from ad valorem taxation provided for under subsection (a) of Code Section 48-5-41. No person shall be entitled to transfer more than 25 acres of such persons property in the aggregate under this paragraph. (B) Any property transferred under subparagraph (A) of this paragraph shall not be used by the transferee for any purpose other than for a purpose which would entitle

TUESDAY, FEBRUARY 15, 2005

571

such property to the applicable exemption from ad valorem taxation provided for under subsection (a) of Code Section 48-5-41 or subsequently transferred until the expiration of the term of the covenant period. Any such use or transfer shall constitute a breach of the covenant.; (5) Leasing a portion of the property subject to the covenant, but in no event more than six acres, for the purpose of placing thereon a cellular telephone transmission tower. Any such portion of such property shall cease to be subject to the covenant as of the date of execution of such lease and shall be subject to ad valorem taxation at fair market value; or (6) Allowing all or part of the property subject to the covenant on which a corn crop is grown to be used for the purpose of constructing and operating a maze so long as the remainder of such corn crop is harvested."

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:

E Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton E Black N Bordeaux
Borders Y Bridges Y Brooks Y Brown Y Bruce N Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas

Y Crawford Y Cummings
Davis Y Day Y Dean Y Dickson E Dodson Y Dollar
Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Freeman
Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner

Y Holmes Holt
Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey

Y Maxwell Y May Y McCall N McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mosley N Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston
Randall

Y Sailor Y Scheid Y Scott, A Y Scott, M
Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens N Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren

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Y Chambers Y Channell Y Cheokas
Coan Y Cole Y Coleman, B
Coleman, T Cooper Y Cox

Y Harbin Y Hatfield N Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Watson Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, R E Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 154, nays 7.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 200. By Representatives Coan of the 101st, Ehrhart of the 36th, Knox of the 24th, Keen of the 179th, Smith of the 129th and others:

A BILL to be entitled an Act 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 April 15, 2005, for which a claim is made after April 15, 2005; to provide that the fund shall continue to reimburse self-insured employers and insurers for claims made prior to April 15, 2005; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following amendment was read:

Representatives Millar of the 79th and Porter of the 143rd move to amend HB 200 by striking "April 15, 2005" each time such date occurs and inserting in lieu thereof "December 31, 2005".

By striking "April 15, 2005" each time such date occurs and inserting in lieu thereof "December 31, 2005".

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

E Abdul-Salaam N Amerson
Anderson N Ashe N Barnard Y Barnes N Bearden

Crawford Y Cummings Y Davis N Day
Dean Y Dickson E Dodson

Y Holmes N Holt N Horne N Houston Y Howard N Hudson Y Hugley

N Maxwell N May Y McCall N McClinton N Meadows Y Millar N Miller

Y Sailor N Scheid Y Scott, A Y Scott, M
Setzler Y Shaw N Sheldon

TUESDAY, FEBRUARY 15, 2005

573

N Beasley-Teague N Benfield Y Benton E Black Y Bordeaux Y Borders Y Bridges Y Brooks N Brown
Bruce Y Bryant Y Buckner, D Y Buckner, G N Burkhalter N Burmeister Y Burns Y Butler N Byrd Y Carter N Casas Y Chambers Y Channell N Cheokas Y Coan N Cole
Coleman, B Coleman, T Y Cooper N Cox

N Dollar Drenner
N Dukes N Ehrhart N England N Epps Y Fleming N Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin N Freeman N Gardner Y Geisinger Y Golick N Graves, D N Graves, T Y Greene Y Hanner Y Harbin Y Hatfield N Heard, J N Heard, K Y Heckstall Y Hembree Y Henson N Hill, C N Hill, C.A

Y Jackson Y Jacobs Y James Y Jamieson N Jenkins E Jennings Y Johnson N Jones, J N Jones, S Y Jordan N Keen N Keown Y Kidd N Knight N Knox N Lakly Y Lane, B Y Lane, R Y Lewis N Lindsey N Lord N Loudermilk Y Lucas N Lunsford N Maddox Y Mangham N Manning N Marin N Martin

N Mills Y Mitchell N Morgan N Morris Y Mosby Y Mosley N Mumford N Murphy, J Y Murphy, Q N Neal N Oliver N O'Neal Y Orrock N Parham Y Parrish E Parsons Y Porter
Powell N Ralston Y Randall Y Ray Y Reece, B Y Reece, S N Reese Y Rice Y Roberts Y Rogers Y Royal N Rynders

N Sims, C Y Sims, F Y Sinkfield N Smith, B N Smith, L N Smith, P N Smith, R Y Smith, T N Smith, V N Smyre Y Stanley-Turner N Stephens Y Stephenson N Talton N Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson N Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R E Wix N Yates
Richardson, Speaker

On the adoption of the amendment, the ayes were 82, nays 81.

The amendment was adopted.

Representative Heard of the 104th moved that the House reconsider its action in adopting the Millar amendment.

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

E Abdul-Salaam N Amerson Y Anderson Y Ashe Y Barnard N Barnes Y Bearden Y Beasley-Teague
Benfield N Benton E Black N Bordeaux N Borders

Crawford Y Cummings Y Davis N Day Y Dean N Dickson E Dodson N Dollar
Drenner N Dukes Y Ehrhart Y England N Epps

N Holmes Y Holt N Horne Y Houston N Howard N Hudson N Hugley N Jackson N Jacobs N James N Jamieson N Jenkins E Jennings

Y Maxwell N May N McCall Y McClinton Y Meadows N Millar Y Miller Y Mills N Mitchell Y Morgan Y Morris N Mosby N Mosley

N Sailor Y Scheid N Scott, A N Scott, M
Setzler N Shaw Y Sheldon Y Sims, C Y Sims, F N Sinkfield Y Smith, B N Smith, L Y Smith, P

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JOURNAL OF THE HOUSE

Y Bridges N Brooks Y Brown
Bruce N Bryant N Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns N Butler Y Byrd N Carter N Casas N Chambers N Channell N Cheokas Y Coan N Cole N Coleman, B
Coleman, T Y Cooper Y Cox

Y Fleming N Floyd, H
Floyd, J N Fludd Y Forster N Franklin N Freeman Y Gardner Y Geisinger N Golick Y Graves, D Y Graves, T N Greene Y Hanner N Harbin N Hatfield Y Heard, J Y Heard, K N Heckstall N Hembree N Henson N Hill, C Y Hill, C.A

Y Johnson Jones, J
N Jones, S N Jordan Y Keen N Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B N Lane, R N Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin
Martin

N Mumford Y Murphy, J N Murphy, Q Y Neal Y Oliver Y O'Neal N Orrock N Parham N Parrish E Parsons N Porter
Powell Y Ralston N Randall N Ray N Reece, B Y Reece, S Y Reese N Rice N Roberts N Rogers N Royal Y Rynders

Y Smith, R N Smith, T N Smith, V N Smyre N Stanley-Turner Y Stephens N Stephenson N Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin N Walker N Warren N Watson Y Wilkinson Y Willard N Williams, A N Williams, E N Williams, R E Wix N Yates
Richardson, Speaker

On the motion, the ayes were 70, nays 93.

The motion was lost.

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

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

E Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton E Black N Bordeaux Y Borders Y Bridges Y Brooks Y Brown
Bruce Y Bryant

Y Crawford Y Cummings Y Davis
Day Y Dean Y Dickson E Dodson Y Dollar
Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen

Y Maxwell Y May N McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris
Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver

Y Sailor Y Scheid Y Scott, A Y Scott, M
Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner

TUESDAY, FEBRUARY 15, 2005

575

Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y O'Neal Y Orrock Y Parham Y Parrish E Parsons Y Porter
Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R E Wix Y Yates
Richardson, Speaker

On the passage of the Bill, as amended, the ayes were 163, nays 2.

The Bill, having received the requisite constitutional majority, was passed, as amended.

The Speaker Pro Tem assumed the Chair.

HB 319. By Representatives Bridges of the 10th, Golick of the 34th, Cummings of the 16th and Coleman of the 97th:

A BILL to be entitled an Act to amend Code Section 47-20-84 of the Official Code of Georgia Annotated, relating to large retirement systems, so as to provide that such retirement systems may invest in certain types of securities; 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:

E Abdul-Salaam Y Amerson Y Anderson
Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague
Benfield Y Benton

Crawford Y Cummings
Davis Y Day Y Dean Y Dickson E Dodson Y Dollar
Drenner Y Dukes

Y Holmes Y Holt Y Horne Y Houston
Howard Y Hudson Y Hugley N Jackson Y Jacobs Y James

Y Maxwell Y May Y McCall
McClinton Y Meadows Y Millar Y Miller E Mills Y Mitchell Y Morgan

Y Sailor Scheid
Y Scott, A Y Scott, M
Setzler Y Shaw Y Sheldon
Sims, C Y Sims, F Y Sinkfield

576

JOURNAL OF THE HOUSE

E Black N Bordeaux Y Borders Y Bridges Y Brooks Y Brown
Bruce Y Bryant Y Buckner, D
Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Cole Y Coleman, B Coleman, T Y Cooper Y Cox

Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner
Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A

N Jamieson Y Jenkins E Jennings
Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey
Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish E Parsons Y Porter Y Powell Y Ralston Y Randall
Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R E Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 147, nays 3.

The Bill, having received the requisite constitutional majority, was passed.

HB 180. By Representatives Manning of the 32nd, Benton of the 31st, Byrd of the 20th, Talton of the 145th and Benfield of the 85th:

A BILL to be entitled an Act to amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to permit the department to obtain criminal history information from adult persons who reside in a home where a child in the custody of the department has been or may be placed or who provide care to a child who is the subject of a child protective services referral, complaint, or investigation; to permit the department to obtain criminal history information based on a name only for a child to be placed under exigent circumstances; to permit the department to obtain criminal history information based on a name only from the Georgia Crime Information Center; 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:

TUESDAY, FEBRUARY 15, 2005

577

A BILL
To amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to permit the department to obtain criminal history information from adult persons who reside in a home where a child in the custody of the department has been or may be placed or who provide care to a child who is the subject of a child protective services referral, complaint, or investigation; to permit the department to obtain criminal history information based on a name only for a child to be placed under exigent circumstances; to provide for the establishment of a uniform method of obtaining criminal history information; to permit the department to obtain criminal history information based on a name only from the Georgia Crime Information Center; 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 49 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, is amended by striking subsection (b) of Code Section 49-2-14, relating to record search for conviction data on prospective employees, and inserting in its place the following:
"(b) The department may receive from any law enforcement agency conviction data that is relevant to a person whom the department, its contractors, or a district or county health agency is considering as a final selectee for employment in a position the duties of which involve direct care, treatment, custodial responsibilities, or any combination thereof for its clients. The department may also receive conviction data which is relevant to a person whom the department, its contractors, or a district or county health agency is considering as a final selectee for employment in a position if, in the judgment of the employer, a final employment decision regarding the selectee can only be made by a review of conviction data in relation to the particular duties of the position and the security and safety of clients, the general public, or other employees. Further, the department or any licensed child-placing agency, designated by the department to assist it in preparing studies of homes in which children in its custody may be placed, may receive from any law enforcement agency conviction data that is relevant to any adult person who resides in a home where children in the custody of the department may be placed. In addition, the department may receive from any law enforcement agency conviction data that is relevant to any adult person who the department has reason to believe has contact with a child who is the subject of a child protective services referral, complaint, or investigation."
SECTION 2. Said Code section is further amended by adding at the end thereof new subsections (g) and (h) to read as follows:

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JOURNAL OF THE HOUSE

"(g) The department may receive from any law enforcement agency criminal history information, including arrest and conviction data, and any and all other information which it may be provided pursuant to state or federal law which is relevant to any adult person who resides in a home where children in the custody of the department have been or may be placed or which is relevant to any adult person who resides in the home of or provides care to a child who is the subject of a child protective services referral, complaint, or investigation to the fullest extent permissible by federal and state law, including but not limited to Public Law 92-544. The department shall establish a uniform method of obtaining criminal history information under this subsection. Such method shall require the submission to the Georgia Crime Information Center of two complete sets of fingerprints cards together with any required records search fee. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit one set of the fingerprints submitted by the department to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. Such method shall also permit the submission of the names of such adult persons, alone, to the proper law enforcement agency when the department is considering placement of a child in exigent circumstances for a name based check of such adult persons criminal history information as maintained by the Georgia Crime Information Center and the Federal Bureau of Investigation. In such exigent circumstances, the department shall submit two complete sets of fingerprint cards of those adult persons in the placement home, together with any required records search fee, to the Federal Bureau of Investigation within 15 calendar days of the date of the name based check on that person. Fingerprint cards shall be forwarded to the Federal Bureau of Investigation through the Georgia Crime Information Center. Following the submission of such finger print cards, the department may receive the criminal history information, including arrest and conviction data, relevant to such person. In the event that a child has been placed in exigent circumstances, a name based records search has been requested for any adult person of the placement household, and that adult refuses to provide fingerprints after being requested to do so by the department, the child shall be immediately removed from the placement household by the department, provided that the child is in the custody of the department. (h) Further, the department shall be authorized to conduct a name/descriptor based check of any adult persons criminal history information, including arrest and conviction data, and other information from the Georgia Crime Information Center regarding any adult person who resides in a home where children in the custody of the department have been or may be placed or which is relevant to any adult person who resides in the home of or provides care to a child who is the subject of a child protective services referral, complaint, or investigation without the consent of such adult person and without fingerprint comparison to the fullest extent permissible by federal and state law."
SECTION 3.

TUESDAY, FEBRUARY 15, 2005

579

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:

E Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton E Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown
Bruce Y Bryant Y Buckner, D Y Buckner, G
Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar
Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene
Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall
Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston
Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller E Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal
Orrock Y Parham Y Parrish E Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sailor Scheid
Y Scott, A Y Scott, M
Setzler Y Shaw Y Sheldon
Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E
Williams, R E Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 158, nays 0.

580

JOURNAL OF THE HOUSE

The Bill, having received the requisite constitutional majority, was passed, by substitute.
The Speaker assumed the Chair.
HB 217. By Representatives Neal of the 1st, Harbin of the 118th, Scott of the 153rd, Burmeister of the 119th, Mosby of the 90th and others:
A BILL to be entitled an Act 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, assistanttrainer, or similar person who functions under the advice, consent, and supervision of a physician or a licensed athletic trainer; 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 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, assistanttrainer, or similar person; 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 43 of the Official Code of Georgia Annotated, relating to athletic trainers, is amended by striking paragraph (2) of Code Section 43-5-1, relating to definitions, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) 'Athletic trainer' means a person with specific qualifications, as set forth in Code Section Code Sections 43-5-7 and 43-5-8 who, upon the advice and consent of a physician, carries out the practice of prevention, recognition, evaluation, management, disposition, treatment, or rehabilitation of athletic injuries; and, in carrying out these functions, the athletic trainer is authorized to use physical modalities, such as heat, light, sound, cold, electricity, or mechanical devices related to prevention, recognition, evaluation, management, disposition, rehabilitation, and treatment. The term 'athletic trainer' shall not include any student, teacher, or other person who serves as an athletic trainer for an elementary school or high school, either public or private,

TUESDAY, FEBRUARY 15, 2005

581

within this state Nothing in this Code section shall be construed to require licensure of elementary or secondary school teachers, coaches, or authorized volunteers who do not hold themselves out to the public as athletic trainers. Any school or school system hiring an individual to perform the services defined in this Code section must make a reasonable attempt to notify the parents or guardians of the participating students of the qualifications of the individual performing these services."

SECTION 2. Said chapter is further amended by striking Code Section 43-5-7, relating to license requirements for persons engaged as athletic trainers, and inserting in lieu thereof a new Code Section 43-5-7 to read as follows:
"43-5-7. No person shall hold himself or herself out as an athletic trainer or perform, for compensation, any of the activities the services of an athletic trainer, as defined in this chapter, without first obtaining a license under this chapter; provided, however, that nothing in this chapter shall be construed to prevent any person from serving as a student-trainer, assistant-trainer, or any similar position if such service is not primarily for compensation and is carried out under the supervision of a physician or a licensed athletic trainer."

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:

E Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton E Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown
Bruce Y Bryant

Y Crawford Y Cummings Y Davis Y Day Y Dean
Dickson E Dodson Y Dollar
Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen

Y Maxwell Y May Y McCall Y McClinton Y Meadows
Millar Y Miller E Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver

Y Sailor Y Scheid Y Scott, A Y Scott, M
Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner

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Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter N Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Keown Y Kidd Y Knight
Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y O'Neal Y Orrock Y Parham Y Parrish E Parsons Y Porter Y Powell Y Ralston
Randall Y Ray N Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, R E Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 161, nays 2.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Casas of the 103rd and Reece of the 11th stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 212. By Representatives Manning of the 32nd, Parsons of the 42nd, Oliver of the 83rd, Talton of the 145th, Lunsford of the 110th and others:

A BILL to be entitled an Act to amend Code Section 15-11-9 of the Official Code of Georgia Annotated, relating to appointment of a guardian ad litem for a child in a proceeding in juvenile court, so as to require certain training for guardians ad litem appointed for children in deprivation cases; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:

A BILL

To amend Code Section 15-11-9 of the Official Code of Georgia Annotated, relating to appointment of a guardian ad litem for a child in a proceeding in juvenile court, so as to require certain training for guardians ad litem appointed for children in deprivation cases; to provide that such training shall not be in addition to current continuing legal education

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requirements for attorneys; to provide for exemptions in certain circumstances; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-11-9 of the Official Code of Georgia Annotated, relating to appointment of a guardian ad litem for a child in a proceeding in juvenile court, is amended by striking subsection (b) and inserting in lieu thereof the following:
"(b) The court at any stage of a proceeding under this article, on application of a party or on its own motion, shall appoint a guardian ad litem for a child who is a party to the proceeding if the child has no parent, guardian, or custodian appearing on the childs behalf or if the interests of the parent, guardian, or custodian appearing on the childs behalf conflict with the childs interests or in any other case in which the interests of the child require a guardian. A party to the proceeding or the employee or representative of a party to the proceeding shall not be appointed. In deprivation cases, a person appointed as a childs guardian ad litem must have received before the appointment, training appropriate to the role that is administered or approved by the Office of the Child Advocate, and may be an attorney or court appointed special advocate, or both, may be appointed as the childs guardian ad litem. For attorneys, the preappointment training required pursuant to this Code section shall be satisfied within attorneys existing continuing legal education obligations and shall not require attorneys to complete continuing legal education hours in addition to those currently required by the State Bar of Georgia. The Office of the Child Advocate shall exempt from the training required by this Code section attorneys who have practiced as guardians ad litem in juvenile court deprivation proceedings for three or more years and have demonstrated a proficiency in child representation."
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:
Representative Willard of the 49th moves to amend the Committee substitute to HB 212 as follows:
Page 1, Line 24 Strike "continuing legal education", and insert, in its place, "additional training".

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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:

E Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield
Benton E Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown
Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar
Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight
Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller E Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish E Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M
Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R E Wix Y Yates
Richardson, 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.

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585

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Ways & Means and referred to the Committee on Defense & Veterans Affairs:
HB 442. By Representatives Yates of the 73rd, Lakly of the 72nd, Freeman of the 140th and Warren of the 122nd:
A BILL to be entitled an Act to amend Code Section 43-12-2 of the Official Code of Georgia Annotated, relating to qualifications for an exemption from occupation taxes, administrative fees, and regulatory fees, so as to provide for certain duties of the Department of Veterans Service; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Ways & Means and referred to the Committee on Motor Vehicles:
HB 405. By Representatives Reece of the 11th, Stephens of the 164th, Yates of the 73rd and Smith of the 13th:
A BILL to be entitled an Act to amend Article 1 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the Department of Veterans Service, so as to provide for a Georgia War Veterans Nursing Home Trust Fund; to provide for funds and rules related thereto; to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special license plates promoting such program and related activities; 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.
The following Resolutions of the House were read and adopted:
HR 241. By Representative Dean of the 59th:
A RESOLUTION recognizing and commending REACH for Wellness; and for other purposes.
HR 242. By Representatives Mosley of the 178th, Smith of the 168th and Lane of the 167th:

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A RESOLUTION recognizing and commending Barbara Struckhoff, 2005 Georgia Women's Intersport Network's High School Coach of the Year Award winner; and for other purposes.
HR 243. By Representatives Mosley of the 178th, Smith of the 168th and Lane of the 167th:
A RESOLUTION recognizing and commending Jessica Parks, 2005 Georgia Women's Intersport Network's High School Female Athlete of the Year Award winner; and for other purposes.
HR 244. By Representative Sims of the 169th:
A RESOLUTION commending Ms. Bessie Vickers Neugent; and for other purposes.
HR 245. By Representative Jenkins of the 8th:
A RESOLUTION honoring the life of Wiley Lamar "Apple" Savage, late of Rabun County; and for other purposes.
HR 246. By Representative Jenkins of the 8th:
A RESOLUTION commending Rabun County Middle School for being named a "Georgia School of Excellence for 2005"; and for other purposes.
HR 247. By Representatives Mosley of the 178th, Smith of the 168th and Lane of the 167th:
A RESOLUTION recognizing and commending the 1954-55 State Champion Jesup High School football team; and for other purposes.
HR 248. By Representatives Mosley of the 178th, Smith of the 168th and Lane of the 167th:
A RESOLUTION recognizing and commending the 2005 inductees to the Wayne County Sports Hall of Fame; and for other purposes.
HR 249. By Representatives Coleman of the 97th, Floyd of the 99th, Casas of the 103rd, Thomas of the 100th, Benton of the 31st and others:
A RESOLUTION recognizing the 22nd Annual GAE Legislative Conference Day; and for other purposes.

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587

The following Resolutions of the House were read and referred to the Committee on Rules:
HR 250. By Representatives Sims of the 151st, Bryant of the 160th, Heard of the 104th and Dukes of the 150th:
A RESOLUTION commending Bradley Benson, a 12-year-old Putney youth who was born with Ambiotic Band Syndrome resulting in the loss of limb, and who receives physical therapy at Phoebe Putney Memorial Hospital, and inviting him to appear before the House of Representatives; and for other purposes.
HR 251. By Representative Morris of the 155th:
A RESOLUTION commending the Robert Toombs Christian Academy Football Team, 2004 Georgia Independent School Association Class A State Champions and inviting the team to appear before the House of Representatives; and for other purposes.
Representative McCall of the 30th 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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 87 Do Pass SB 88 Do Pass
Respectfully submitted, /s/ McCall of the 30th
Chairman
Representative Yates of the 73rd District, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Defense and Veterans 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:

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HB 404 Do Pass HB 438 Do Pass

HB 440 Do Pass HB 442 Do Pass

Respectfully submitted, /s/ Yates of the 73rd
Chairman

Representative Coleman of the 97th District, 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 33 Do Pass, by Substitute

Respectfully submitted, /s/ Coleman of the 97th
Chairman

Representative Lane of the 158th District, Chairman of the Committee on Game, Fish and Parks, submitted the following report:

Mr. Speaker:

Your Committee on Game, Fish and Parks 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 301 Do Pass HB 338 Do Pass

Respectfully submitted, /s/ Lane of the 158th
Chairman

Representative Hembree of the 67th District, Chairman of the Committee on Higher Education, submitted the following report:

Mr. Speaker:

TUESDAY, FEBRUARY 15, 2005

589

Your Committee on Higher 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 33 Do Pass
Respectfully submitted, /s/ Hembree of the 67th
Chairman
Representative Willard of the 49th District, 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 House and has instructed me to report the same back to the House with the following recommendation:
HB 195 Do Pass, by Substitute
Respectfully submitted, /s/ Willard of the 49th
Chairman
Representative Franklin of the 43rd District, Chairman of the Committee on Legislative and Congressional Reapportionment, submitted the following report:
Mr. Speaker:
Your Committee on Legislative and Congressional Reapportionment 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 237 Do Pass
Respectfully submitted, /s/ Franklin of the 43rd
Chairman
Representative O'Neal of the 146th District, Chairman of the Committee on Ways and Means, submitted the following report:

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Mr. Speaker:

Your Committee on Ways and Means 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 22 Do Pass, by Substitute HB 203 Do Pass HB 282 Do Pass

HB 384 Do Pass HR 113 Do Pass HR 133 Do Pass, by Substitute

Respectfully submitted, /s/ O'Neal of the 146th
Chairman

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.

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591

Representative Hall, Atlanta, Georgia

Wednesday, February 16, 2005

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:

Abdul-Salaam Ashe Barnard Bearden Benton Black Bridges Brooks Bryant Buckner, D Burkhalter Burmeister Burns Byrd Carter Casas Chambers Channell Cheokas Cole Coleman, B Cummings Davis Day Dickson E Dodson

Drenner Dukes Ehrhart England Fleming Floyd, H Fludd Forster Franklin Freeman Gardner Geisinger Graves, D Greene Harbin Hatfield Heard, J Heard, K E Heckstall Hembree Hill, C Holt Horne Howard Hudson Hugley

Jacobs James Jamieson Jenkins E Jennings Johnson Jones, J Jones, S Jordan Keen Keown Kidd Knight Knox Lakly Lane, B Lane, R Lewis Lindsey Lord Loudermilk Lunsford Maddox Mangham Marin

Maxwell May E McClinton Meadows E Millar Miller Mills Mitchell Morgan Morris Mosby Mosley Mumford Murphy, J Murphy, Q Neal Oliver O'Neal Parham Parsons Powell Ralston Reece, S Reese Rice

Roberts Royal Rynders Scheid Setzler Sheldon Sinkfield Smith, B Smith, P Smith, R Smith, T Smith, V Talton Teilhet Thomas, A.M Thomas, B Walker Warren Wilkinson Willard Williams, A Williams, E Williams, R E Wix Richardson, Speaker

The following members were off the floor of the House when the roll was called:

Representatives Amerson of the 9th, Anderson of the 123rd, Barnes of the 78th, Beasley-Teague of the 65th, Benfield of the 85th, Borders of the 175th, Brown of the 69th, Bruce of the 64th, Butler of the 18th, Coleman of the 144th, Cooper of the 41st, Crawford of the 127th, Dean of the 59th, Dollar of the 45th, Epps of the 128th, Floyd of the 147th, Golick of the 34th, Graves of the 12th, Hanner of the 148th, Henson of the 87th, Hill of the 180th, Holmes of the 61st, Houston of the 170th, Jackson of the 161st, Lucas of the 139th, Manning of the 32nd, Martin of the 47th, McCall of the 30th, Orrock of the 58th, Parrish of the 156th, Randall of the 138th, Ray of the 136th, Rogers of the 26th, Sailor of the 93rd, Scott of the 153rd, Scott of the 2nd, Sims of the 151st, Sims of the 169th, Smith of the 70th, Stanley-Turner of the 53rd, Stephens of the 164th, Stephenson of the 92nd, Tumlin of the 38th, Watson of the 91st, and Yates of the 73rd.

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They wish to be recorded as present.
Prayer was offered by Dr. Tom Jordan, Senior Pastor, First Baptist Church of Epworth, Epworth, Georgia.
The members pledged allegiance to the flag.
Representative Heard of the 104th, Chairman of the Committee on Information and Audits, 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 were introduced, read the first time and referred to the Committees:
HB 486. By Representatives Heard of the 114th and Kidd of the 115th:
A BILL to be entitled an Act 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; to provide that such member shall be credited with such creditable service in this

WEDNESDAY, FEBRUARY 16, 2005

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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.
Referred to the Committee on Retirement.
HB 487. By Representatives Roberts of the 154th, McCall of the 30th, Floyd of the 147th, Royal of the 171st, Ray of the 136th and others:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to change the exemption regarding electricity sales for irrigation of farm crops; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 488. By Representatives O`Neal of the 146th and Knight of the 126th:
A BILL to be entitled an Act to amend Title 48 of the O.C.G.A., relating to revenue and taxation, so as to enact the "State and Local Tax Revision Act of 2005"; to provide for a short title; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of federal law into Georgia law; to provide for applicability; to provide for the authority to establish fees for offer in compromises; to clarify that electronic funds transfer applies to use tax; to provide for electronic funds transfer requirements for third-party payroll providers; to clarify that no interest shall be paid when a taxpayer fails to claim credits listed in Article 2 of Chapter 7; to provide for selection of members of performance review boards; to provide for powers, duties, and authority of the state revenue commissioner; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 489. By Representatives Miller of the 106th, Heard of the 104th, Coan of the 101st, Cox of the 102nd, Reese of the 98th and others:
A BILL to be entitled an Act to amend Code Section 15-6-2 of the O.C.G.A., relating to the number of superior court judges for each circuit, so as to create a new ninth judgeship for the Gwinnett Judicial Circuit; to provide for the initial appointment, election, and term of office of said judge; to provide for the manner of impaneling jurors; to prescribe the powers, duties, jurisdiction,

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privileges, and immunities of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the county composing the Gwinnett Judicial Circuit; to provide for the division of business among the judges of the Gwinnett Judicial Circuit; to provide for the judge senior in term of continuous service to be the presiding judge, in whom shall be vested the power to make all appointments whenever the law provides for the superior court judge to make appointments; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 490. By Representatives Gardner of the 57th, Ashe of the 56th, Borders of the 175th and Murphy of the 120th:
A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the O.C.G.A., relating to HOPE scholarships and grants, so as to change certain provisions relating to HOPE scholarships at public postsecondary institutions; to provide that courses taken as postsecondary options shall not be included in HOPE hour limits for students who graduate from high school; to change certain provisions relating to HOPE grants at a branch of the Georgia Department of Technical and Adult Education to provide that courses taken as postsecondary options shall not be included in HOPE hour limits for students who graduate from high school; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HB 491. By Representative Jenkins of the 8th:
A BILL to be entitled an Act to amend an Act to create the office of Commissioner of Towns County, approved March 14, 1984 (Ga. L. 1984, p. 4130), as amended, so as to reconstitute the board of commissioners of Towns County and revise and restate the law relating to the board; to provide for continuation in office of the present sole county commissioner; to provide for election of the five-member board of commissioners upon a vacancy in the office of sole commissioner; to provide for exercise of the power of the sole commissioner by the judge of the probate court until the vacancy is filled; to provide for the establishment of commissioner districts; to provide for the election and terms of office for subsequent members; to provide for filling vacancies; to provide for the powers, duties, and authority of the chairperson and members of the board; to provide for contingent effective dates; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 16, 2005

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Referred to the Committee on State Planning & Community Affairs - Local.
HB 492. By Representatives Cummings of the 16th and Bridges of the 10th:
A BILL to be entitled an Act 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 change the dates of election for participation; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 493. By Representative Scott of the 153rd:
A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special county 1 percent sales and use tax, so as to authorize use and expenditure of such tax proceeds for county maintenance and operation purposes; to provide for procedures, conditions, and limitations; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 494. By Representatives Lindsey of the 54th and Willard of the 49th:
A BILL to be entitled an Act 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.
Referred to the Committee on Judiciary.
HB 495. By Representatives Coleman of the 97th, Bridges of the 10th, Jamieson of the 28th, Cummings of the 16th and Jones of the 46th:
A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 47 of the O.C.G.A., relating to retirement allowances, disability benefits, and spouses benefits under the Teachers Retirement System of Georgia, so as to provide that a local school system may employ a person who was retired under the Teachers Retirement System of Georgia on December 31, 2003, in a full-time capacity in any position and such persons retirement benefit shall

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not be affected; to provide that the employing local school system shall pay the normal employers contribution to the retirement system for such employee; to provide that any retired member of the Teachers Retirement System of Georgia may return to full-time employment with a local school system and such persons retirement benefits shall not be affected; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 496. By Representatives Smith of the 70th, McCall of the 30th, Manning of the 32nd, Jones of the 46th, Reese of the 98th and others:
A BILL to be entitled an Act to amend Code Section 12-5-375 of the Official Code of Georgia Annotated, relating to inventory and classification of dams, investigations, technical assistance to local government, artificial barriers, and requirements, so as to provide that the director of the Environmental Protection Division of the Department of Natural Resources shall provide the clerk of the superior court of each county with information relating to dams; to provide that the clerk shall maintain such information; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 497. By Representatives Benfield of the 85th, Stanley-Turner of the 53rd, Manning of the 32nd, Henson of the 87th, Randall of the 138th and others:
A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health, so as to provide for a statement of a students body mass index in each students report card or grade report; to provide for the computation of the body mass index; to provide for written information to parents or legal guardians of students who have a body mass index above the normal range; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 498. By Representatives Fludd of the 66th, Ehrhart of the 36th, Porter of the 143rd, Holmes of the 61st, Benfield of the 85th and others:
A BILL to be entitled an Act to amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to licensing of mortgage lenders and mortgage brokers, so as to provide for authorization of mortgage

WEDNESDAY, FEBRUARY 16, 2005

597

loan officers; to provide for a definition; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Banking and Finance; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banks & Banking.
HB 499. By Representatives Franklin of the 43rd, Keen of the 179th and Burkhalter of the 50th:
A BILL to be entitled an Act to amend Chapter 1 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections, so as to provide for the composition and number of congressional districts; to provide for election of members of Congress; to provide when such members shall take office; to provide for continuation of present congressional districts until a certain time; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Legislative & Congressional Reapportionment.
HB 500. By Representatives Walker of the 107th, O`Neal of the 146th, Willard of the 49th, Cooper of the 41st and Brown of the 69th:
A BILL to be entitled an Act to amend Title 29 of the O.C.G.A., relating to guardians and wards, as such title was amended by an Act approved May 5, 2004 (Ga. L. 2004, p. 161), which Act becomes effective July 1, 2005, so as to add a definition; to change certain provisions relating to qualifications of guardians of adults; to change certain provisions relating to order of preference in selection of guardians of adults; to repeal and reserve Code Section 29-9-10, relating to the role of the director of a county department of family and children services; to enact a new chapter relating to public guardians; to provide for a definition; to provide for an oath of guardianship; to provide for qualifications and requirements of a public guardian; to provide for registration of a public guardian with the probate court; to provide for recordkeeping and reporting; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 501. By Representative Scott of the 153rd:

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A BILL to be entitled an Act to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic, and numerous other provisions of the O.C.G.A., so as to substantially amend laws relating to operation and regulation of motor vehicles and substantially revise the state administration of such laws; to create the Department of Driver Services as a successor agency to the Department of Motor Vehicle Safety; to provide for the Department of Driver Services to assume certain responsibilities of the Department of Motor Vehicle Safety and in particular responsibility for drivers licensing services; to substantially amend provisions relative to the issuance of drivers licenses; to amend the O.C.G.A. so as to transfer into other departments and agencies responsibility for administration of other laws relating to motor vehicles; to provide for other matters related to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HR 238. By Representative Sims of the 169th:
A RESOLUTION honoring the life of Charles Bradley Mullis and designating the Charles Bradley Mullis Memorial Bridge; and for other purposes.
Referred to the Committee on Transportation.
HR 239. By Representatives Manning of the 32nd, Ehrhart of the 36th, Tumlin of the 38th, Cooper of the 41st, Teilhet of the 40th and others:
A RESOLUTION authorizing the conveyance of certain State owned real property located in Cobb County, Georgia; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.
HR 252. By Representatives Franklin of the 43rd, Scott of the 2nd, Williams of the 4th, Amerson of the 9th, Coan of the 101st and others:
A RESOLUTION in support of the men and women serving as patrol agents in the United States Border Patrol, a part of the U. S. Customs and Border Protection of the Department of Homeland Security; and for other purposes.
Referred to the Committee on Interstate Cooperation.

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

HB 523. By Representative Davis of the 109th:

A BILL to be entitled an Act to amend Article 9 of Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to the Georgia Rail Passenger Authority, so as to prohibit expenditures under certain conditions; to require signed agreements before expenditures are made; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Transportation.

HB 524. By Representatives Rogers of the 26th, Brown of the 69th, Harbin of the 118th, Jones of the 46th and Reece of the 27th:

A BILL to be entitled an Act to amend Part 6 of Article 17 of Chapter 2 of Title 20 of the O.C.G.A., relating to health insurance plans, so as to provide that the commissioner of community health may combine the health insurance funds for public school teachers and public school employees with other health insurance funds for public employees; to provide for the payment of health insurance premiums by certain retired employees; to provide for the method of determining the employer contribution to the fund; to provide for suspension of benefits if the employer contribution is not paid in full; to amend Article 1 of Chapter 18 of Title 45 of the O.C.G.A., relating to the health insurance fund for public employees; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Insurance.

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

HB 444 HB 445 HB 446 HB 447 HB 448 HB 449 HB 450 HB 451 HB 452

HB 468 HB 469 HB 470 HB 471 HB 472 HB 473 HB 474 HB 475 HB 476

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HB 453 HB 454 HB 455 HB 456 HB 457 HB 458 HB 459 HB 460 HB 461 HB 462 HB 463 HB 464 HB 465 HB 466 HB 467

HB 477 HB 478 HB 479 HB 480 HB 481 HB 482 HB 483 HB 484 HB 485 HR 230 HR 231 HR 237 SB 82 SB 124 SB 137

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

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 16, 2005

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 19th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

HB 20 HB 166 HB 178 HB 196 HB 246 HB 273

Motor vehicles; window tint restrictions; provisions "Health Share" Volunteers in Medicine Act; enact Retirement and Pensions Code; corrections Common-sense Consumption Act; amend provisions Prescription drug orders; electronic transmission; amend provisions FlexAuto lanes; authorize Department of Transportation to implement

Modified Open Rule

None

Modified Structured Rule

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None
Structured Rule
None
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Ehrhart of the 36th
Chairman
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 and House:
SB 58. By Senators Hamrick of the 30th, Cagle of the 49th, Smith of the 52nd, Unterman of the 45th, Pearson of the 51st and others:
A BILL to be entitled an Act to amend Code Section 16-15-3 of the Official Code of Georgia Annotated, relating to definitions relating to street gang terrorism and prevention, so as to change and add certain definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 125. By Senators Mullis of the 53rd, Rogers of the 21st, Zamarripa of the 36th, Whitehead, Sr. of the 24th, Stephens of the 27th and others:
A BILL to be entitled an Act to amend Titles 50 and 12 of the O.C.G.A., relating respectively to state government and conservation and natural resources; to promote tourism through a state-wide tourism marketing program and a more focused administrative structure; to provide for implementation and for coordination of other agencies by the Department of Economic Development; to provide corresponding amendments to powers of the Board of Economic Development; to provide for a Georgia Tourism Foundation and the solicitation and disbursement of contributions; to transfer the assignment for administrative purposes of certain venues and authorities with tourism roles to the Department of Economic Development; to provide

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for appointment of the board of the Music Hall of Fame Authority; to provide for an effective date; to repeal conflicting laws, and for related purposes.

SB 138. By Senators Stoner of the 6th, Rogers of the 21st, Hill of the 32nd and Wiles of the 37th:

A BILL to be entitled an Act to amend an Act creating the Cobb CountyMarietta 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, and quorum provisions regarding the authority; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 88. By Representatives Amerson of the 9th and Reece of the 27th:

A BILL to be entitled an Act to provide a homestead exemption from Lumpkin County school district ad valorem taxes for educational purposes in the amount of $120,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:

SR 81. By Senators Hamrick of the 30th and Seabaugh of the 28th:

A RESOLUTION designating the J. G. McCalmon Highway; and for other purposes.

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

SB 58.

By Senators Hamrick of the 30th, Cagle of the 49th, Smith of the 52nd, Unterman of the 45th, Pearson of the 51st and others:

A BILL to be entitled an Act to amend Code Section 16-15-3 of the Official Code of Georgia Annotated, relating to definitions relating to street gang terrorism and prevention, so as to change and add certain definitions; to

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provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 125. By Senators Mullis of the 53rd, Rogers of the 21st, Zamarripa of the 36th, Whitehead, Sr. of the 24th, Stephens of the 27th and others:
A BILL to be entitled an Act to amend Titles 50 and 12 of the O.C.G.A., relating respectively to state government and conservation and natural resources; to promote tourism through a state-wide tourism marketing program and a more focused administrative structure; to provide for implementation and for coordination of other agencies by the Department of Economic Development; to provide corresponding amendments to powers of the Board of Economic Development; to provide for a Georgia Tourism Foundation and the solicitation and disbursement of contributions; to transfer the assignment for administrative purposes of certain venues and authorities with tourism roles to the Department of Economic Development; to provide for appointment of the board of the Music Hall of Fame Authority; to provide for an effective date; to repeal conflicting laws, and for related purposes.
Referred to the Committee on Economic Development & Tourism.
SB 138. By Senators Stoner of the 6th, Rogers of the 21st, Hill of the 32nd and Wiles of the 37th:
A BILL to be entitled an Act to amend an Act creating the Cobb CountyMarietta 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, and quorum provisions regarding the authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SR 81. By Senators Hamrick of the 30th and Seabaugh of the 28th:
A RESOLUTION designating the J. G. McCalmon Highway; and for other purposes.
Referred to the Committee on Transportation.

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The following member was recognized during the period of Morning Orders and addressed the House:
Holmes of the 61st.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 255. By Representatives Brown of the 69th and Epps of the 128th:
A RESOLUTION recognizing the LaGrange High School Football Team, winners of the 2004 Georgia Class AAA State High School Championship, and inviting the team to appear before the House of Representatives; and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Ethics and referred to the Committee on Industrial Relations:
HB 153. By Representatives Forster of the 3rd, Coan of the 101st, Williams of the 4th, Ralston of the 7th, Scheid of the 22nd and others:
A BILL to be entitled an Act to enact the "Voluntary Contributions Act"; to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to place certain limitations on labor organizations with regard to the funding for certain political activities; to provide for definitions; to provide for the use of separate, segregated funds for political activity expenditures; to provide for certain limitations on the solicitation of funds for such activities; to provide penalties; to require certain filings and disclosures; to provide for applicability; to provide for related matters; to repeal conflicting laws; 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 273. By Representatives Lunsford of the 110th, Richardson of the 19th, Smith of the 129th, Ehrhart of the 36th, Harbin of the 118th and others:
A BILL to be entitled an Act to amend Titles 32 and 40 of the O.C.G.A., relating to highways, bridges, and ferries and motor vehicles and traffic, respectively, so as to authorize the Department of Transportation to implement FlexAuto lanes; to provide that a FlexAuto lane shall be an area designated as a special lane of travel created by converting emergency lane and hard shoulder areas on the left or right side of an interstate highway or

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other road into a rush hour traffic lane for use by automobiles only during certain hours; to state legislative findings, determinations, and recommendations; to provide for striping, marking, and signage of FlexAuto lanes; to regulate the use of such lanes and provide for criminal punishment of violations; to provide for conditions and limitations; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL
To amend Titles 32 and 40 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries and motor vehicles and traffic, respectively, so as to authorize the Department of Transportation to implement FlexAuto lanes; to provide that a FlexAuto lane shall be an area designated as a special lane of travel created by converting emergency lane and hard shoulder areas on the left or right side of an interstate highway or other road into a rush hour traffic lane for use by automobiles only during certain hours; to state legislative findings, determinations, and recommendations; to define a term; to provide for striping, marking, and signage of FlexAuto lanes; to regulate the use of such lanes and provide for criminal punishment of violations; to provide for conditions and limitations; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly finds and determines and recommends as follows:
(1) The Georgia Department of Transportation has a job of overwhelming proportions and addresses the ever-increasing transportation needs of the state through the hard work and dedication of outstanding leaders and staff; (2) There is a need in this state to reduce emissions and improve air quality by increasing traffic flow and reducing traffic congestion and decreasing drive times; (3) The Department of Transportation is urged to use creative and innovative methods to deal with gridlock and traffic congestion in Georgia and especially in the metropolitan areas; (4) Upon passage of this enabling legislation, the department is urged to implement FlexAuto lanes where applicable and to commence the implementation of such lanes in as timely a manner as is practicable; (5) The Department of Transportation is requested specifically to identify 20 major areas with a history of traffic congestion in and around our state that will derive the most benefit from the use of FlexAuto lanes and, after identifying these areas, to create and rapidly implement a plan for use of such lanes in such areas;

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(6) Studies and construction models used successfully in other areas within this country and others should be used as models where traffic flow was improved and emissions reduced by using creative and innovative methods to deal with gridlock and traffic congestion; and (7) The model used in Virginia is being studied by Israel, France, Japan, Germany, and England.
SECTION 2. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries is amended by adding after Code Section 32-9-4 a new Code Section 32-9-4.1 to read as follows:
"32-9-4.1. (a) As used in this Code section, the term 'FlexAuto lane' means an area designated as a special lane of travel created by converting emergency lane and hard shoulder areas on the left or right side of an interstate highway or other road into a rush hour traffic lane for use by automobiles during certain hours. (b) The department, with the approval of the board, is authorized to designate FlexAuto lanes on the state highway system for the purpose of improving traffic flow in and around areas with a history of traffic congestion. (c) Any FlexAuto lane shall be appropriately striped and marked and shall have signage appropriate to indicate its nature, as determined by the department. The department may incorporate emergency havens, emergency ramps, or emergency parking pads into the design and creation of FlexAuto lanes, as determined appropriate by the department. (d) The hours of usage of a FlexAuto lane shall be determined by the department, not to exceed eight hours per day. (e) It shall be unlawful for any person operating any motor vehicle to use a FlexAuto lane for purposes of travel other than emergency use outside the permitted hours of travel use, as determined and posted by the department. It shall be unlawful for any person operating any motor vehicle other than an automobile, motorcycle, or light truck to use a FlexAuto lane for purposes of travel other than emergency use at any time. (f) Prior to implementing this Code section, the department shall, if necessary, seek to secure and implement any federal approvals, waivers, or other actions necessary or appropriate in order to implement this Code section without any loss or impairment of federal funding. (g) FlexAuto lanes shall not be implemented at more than 80 separate locations in the state until such time as the department has completed a one-year test use of such lanes."
SECTION 3. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by adding at the end of Code Section 40-6-50, relating to use of divided highways, controlled-access roadways, and emergency lanes, a new subsection (d) to read as follows:

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"(d) Nothing in this Code section shall prohibit the use of a FlexAuto lane in the manner permitted under Code Section 32-9-4.1."
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 ruled not germane:
Representative Oliver of the 83rd et al. move to amend the Committee substitute to HB 273 by inserting after the word and symbol "limitations;" on line 9 of page 1 the following:
"to eliminate certain exceptions to the required use of safety belts in passenger vehicles;".
By renumbering Sections 4 and 5 as Sections 5 and 6, respectively, and by inserting between lines 10 and 11 of page 3 the following:
"SECTION 4. Said title is further amended by striking subsection (a) of Code Section 40-8-76.1, relating to the use of safety belts in passenger vehicles, and inserting in its place a new subsection (a) to read as follows:
'(a) As used in this Code section, the term "passenger vehicle" means every motor vehicle, including, but not limited to, pickup trucks, vans, or sport utility vehicles, designed to carry ten passengers or less fewer and used for the transportation of persons. Such term shall not include motorcycles, motor driven cycles, or vehicles equipped for and used primarily for off-road use 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.'"
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:

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N Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague N Benfield N Benton Y Black N Bordeaux Y Borders Y Bridges N Brooks Y Brown N Bruce N Bryant N Buckner, D N Buckner, G Y Burkhalter
Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas
Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper N Cox

Y Crawford Y Cummings Y Davis Y Day Y Dean N Dickson E Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Fleming N Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree
Henson Y Hill, C
Hill, C.A

N Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson N Hugley
Jackson Y Jacobs N James N Jamieson N Jenkins E Jennings Y Johnson Y Jones, J N Jones, S N Jordan Y Keen
Keown N Kidd Y Knight Y Knox N Lakly Y Lane, B Y Lane, R Y Lewis N Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham
Manning N Marin Y Martin

Y Maxwell Y May Y McCall E McClinton Y Meadows E Millar N Miller Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford E Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock Y Parham Y Parrish N Parsons N Porter Y Powell Y Ralston N Randall N Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

N Sailor Y Scheid Y Scott, A Y Scott, M N Setzler
Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton Y Teilhet N Thomas, A.M N Thomas, B N Tumlin Y Walker N Warren
Watson N Wilkinson N Willard N Williams, A N Williams, E N Williams, R E Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 103, nays 57.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Beasley-Teague of the 65th and Henson of the 87th 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.

Representatives Burmeister of the 119th and Floyd of the 147th 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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Representative Parsons of the 42nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 166. By Representatives Channell of the 116th, Keen of the 179th, Fleming of the 117th, Cooper of the 41st, Brown of the 69th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the O.C.G.A., relating to the care and protection of indigent and elderly patients, so as to enact the "'Health Share' Volunteers in Medicine Act"; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for contracts between health care providers and governmental contractors; to provide uncompensated health care services to low-income persons; to provide for notice requirements to patients; to provide for volunteers providing support services; to provide for applicability of benefits; to provide for a report on claim statistics; to provide for an annual report by the Department of Community Health to certain legislative officers; to provide for liability coverage for claims and defense of litigation; to provide for the establishment of rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL
To amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the care and protection of indigent and elderly patients, so as to enact the "'Health Share' Volunteers in Medicine Act"; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for contracts between health care providers and governmental contractors; to provide uncompensated health care services to lowincome persons; to provide for notice requirements to patients; to provide for volunteers providing support services; to provide for applicability of benefits; to provide for a report on claim statistics; to provide for an annual report by the Department of Community Health to certain legislative officers; to provide for liability coverage for claims and defense of litigation; to provide for the establishment of rules and regulations; to provide for applicability; to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers compensation, so as to revise the definition of "employee"; to change certain provisions relating to basis and method for computing compensation; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to revise certain provisions relating to the "Georgia Volunteers in Health Care Specialties Act"; to revise certain provisions relating to the "Georgia Volunteers in Dentistry Act"; to revise certain provisions relating to the "Georgia Volunteers in Medicine Health Care Act"; to amend Article 2 of Chapter 21 of Title 50 of the Official Code of Georgia Annotated, relating to state tort claims, so as to

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revise the definition of "state officer or employee"; to change certain provisions relating to trial of actions and limitations on amounts of damages; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the care and protection of indigent and elderly patients, is amended by adding at the end thereof a new Article 8 to read as follows:
"ARTICLE 8
31-8-190. This article shall be known and may be cited as the '"Health Share" Volunteers in Medicine Act.'
31-8-191. The General Assembly finds that a significant proportion of the residents of this state who are uninsured or Medicaid recipients are unable to access needed health care because health care providers fear the increased risk of medical negligence liability. It is the intent of the General Assembly that access to medical care for indigent residents be improved by providing governmental protection to health care providers who offer free quality medical services to underserved populations of the state. Therefore, it is the intent of the General Assembly to ensure that health care professionals who contract to provide such services as agents of the state are provided sovereign immunity.
31-8-192. As used in this article, the term:
(1) 'Contract' means an agreement executed in compliance with this article between a health care provider and a governmental contractor. This contract shall allow the health care provider to deliver health care services to low-income recipients as an agent of the governmental contractor. The contract must be for volunteer, uncompensated services. Payments made to a health care provider from the Indigent Care Trust Fund shall not constitute compensation under this Article. (2) 'Department' means the Department of Community Health. (3) 'Governmental contractor' means the department, county health departments, or a hospital, nursing home, or community health care facility owned or operated by a governmental entity. (4) 'Health care provider' or 'provider' means:
(A) An ambulatory surgical center licensed under Article 1 of Chapter 7 this title; (B) A hospital or nursing home licensed under Article 1 of Chapter 7 of this title;

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(C) A physician or physician assistant licensed under Article 2 of Chapter 34 of Title 43; (D) An osteopathic physician or osteopathic physician assistant licensed under Article 2 of Chapter 34 of Title 43; (E) A chiropractic physician licensed under Chapter 9 of Title 43; (F) A podiatric physician licensed under Chapter 35 of Title 43; (F.1) A physical therapist licensed under Chapter 33 of Title 43; (G) A registered nurse, nurse midwife, licensed practical nurse, or advanced registered nurse practitioner licensed or registered under Chapter 26 of Title 43 or any facility which employs nurses licensed or registered under Chapter 26 of Title 43 to supply all or part of the care delivered under this article; (H) A midwife certified under Chapter 26 of this title; (I) A health maintenance organization certificated under Chapter 21 of Title 33; (J) A professional association, professional corporation, limited liability company, limited liability partnership, or other entity which provides or has members which provide health care services; (K) Any other medical facility the primary purpose of which is to deliver human medical diagnostic services or which delivers nonsurgical human medical treatment and which includes an office maintained by a provider; (L) A dentist or dental hygienist licensed under Chapter 11 of Title 43; or (M) Any other health care professional, practitioner, provider, or facility under contract with a governmental contractor, including a student enrolled in an accredited program that prepares the student for licensure as any one of the professionals listed in subparagraphs (C) through (H) of this paragraph. The term includes any nonprofit corporation qualified as exempt from federal income taxation under Section 501(c) of the Internal Revenue Code which delivers health care services provided by licensed professionals listed in this paragraph, any federally funded community health center, and any volunteer corporation or volunteer health care provider that delivers health care services. (5) 'Low-income' means: (A) A person who is Medicaid eligible under the laws of this state; (B) A person:
(i) Who is without health insurance; or (ii) Who has health insurance that does not cover the injury, illness, or condition for which treatment is sought; and whose family income does not exceed 200 percent of the federal poverty level as defined annually by the federal Office of Management and Budget; (C) A person: (i) Who is without dental insurance; or (ii) Who has dental insurance that does not cover the injury, illness, or condition for which treatment is sought; and whose family income does not exceed 200 percent of the federal poverty level as defined annually by the federal Office of Management and Budget; or

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(D) Any client or beneficiary of the department or the Department of Human Resources who voluntarily chooses to participate in a program offered or approved by the department or the Department of Human Resources and meets the program eligibility guidelines of the department or the Department of Human Resources. (6) 'Occasional-service volunteer' means a volunteer who provides one-time or occasional volunteer service. (7) 'Regular-service volunteer' means a volunteer engaged in specific voluntary service activities on an ongoing or continuous basis. (8) 'Volunteer' means any person who, of his or her own free will, provides goods or services in support of or in assistance to the program of health care services provided pursuant to this article to any governmental contractor, with no monetary or material compensation. This term shall not include a health care provider.
31-8-193. (a) A health care provider that executes a contract with a governmental contractor to deliver health care services on or after July 1, 2005, as an agent of the governmental contractor shall be considered a state officer or employee for purposes of Article 2 of Chapter 21 of Title 50, while acting within the scope of duties pursuant to the contract, if the contract complies with the requirements of this article and regardless of whether the individual treated is later found to be ineligible. A health care provider acting under the terms of a contract with a governmental contractor may not be named as a defendant in any action arising out of the medical care or treatment provided on or after July 1, 2005, pursuant to contracts entered into under this article. The contract must provide that:
(1) The right of dismissal or termination of any health care provider delivering services pursuant to the contract is retained by the governmental contractor; (2) The governmental contractor has access to the patient records of patients provided services pursuant to this article of any health care provider delivering services pursuant to the contract; (3) Adverse incidents and information on treatment outcomes, as defined by the department and in accordance with the rules and regulations of the Department of Human Resources, must be reported by any health care provider to the governmental contractor if such incidents and information pertain to a patient treated pursuant to the contract. If an incident involves a licensed professional or a licensed facility, the governmental contractor shall submit such incident reports to the appropriate department, agency, or board, which shall review each incident and determine whether it involves conduct by the licensee that is subject to disciplinary action. All patient medical records and any identifying information contained in adverse incident reports and treatment outcomes which are obtained by governmental entities pursuant to this paragraph are confidential and exempt from the provisions of Article 4 of Chapter 18 of Title 50; (4) The health care provider shall provide services to patients on a walk-in and referral basis, in accordance with the terms of the contract. The provider must accept

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all referred patients; provided, however, that the number of patients that must be accepted may be limited under the terms of the contract. (5) The health care provider shall not provide services to a patient unless such patient has received and signed the notice required in Code Section 31-8-194; provided, however, in cases of emergency care, the patients legal representative shall be required to receive and sign the notice, or if such individual is unavailable, such patient shall receive and sign the notice within 48 hours after the patient has the mental capacity to consent to treatment. (6) Patient care and health care services shall be provided in accordance with the terms of the contract and with rules and regulations as established by the department pursuant to this article. Experimental procedures and clinically unproven procedures shall not be provided or performed pursuant to this article. The governmental contractor may reserve the right to approve through written protocols any specialty care services and hospitalization, except emergency care as provided for in paragraph (5) of this subsection. (7) The provider is subject to supervision and regular inspection by the governmental contractor. (b) In order to enter into a contract under this Code section, a health care provider shall: (1) Have a current valid Georgia health professional license; (2) Not be under probation or suspension by the applicable licensing board or intermediate sanction by the Centers for Medicare and Medicaid Services for medicare or Medicaid violations; and (3) Submit to a credentialing process to determine acceptability of participation. (c) A governmental contractor that is also a health care provider is not required to enter into a contract under this article with respect to the health care services delivered by its employees. (d) The provider shall not subcontract for the provision of services under this chapter. (e) A contract entered into pursuant to this Code section shall be effective for all services provided by the health care provider pursuant to this chapter, without regard to when the services are performed.
31-8-194. The governmental contractor or the health care provider if designated in the contract must provide written notice to each patient or the patients legal representative, receipt of which must be acknowledged in writing, that the provider is a state employee or officer for purposes of this article and that the exclusive remedy for injury or damage suffered as the result of any act or omission of a provider acting within the scope of duties pursuant to a contract is by commencement of an action pursuant to the provisions of Article 2 of Chapter 21 of Title 50 and that a remedy or remedies for injury or damage suffered as the result of any act or omission of a provider acting outside the scope of duties shall be as provided for under general tort law or other applicable law.

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31-8-195. (a) Every governmental contractor is authorized to recruit, train, and accept the services of volunteers, including regular-service volunteers and occasional-service volunteers in support of or in assistance to the program of health care services provided pursuant to this article to provide services, including but not limited to clerical, computer, and administrative support. (b) Each governmental contractor utilizing the services of volunteers pursuant to this Code section shall:
(1) Take such actions as are necessary to ensure that volunteers understand their duties and responsibilities; (2) Take such actions as are necessary to ensure that volunteers are made aware of and follow all applicable health and safety rules, regulations, and procedures; and (3) Take such actions as are necessary to ensure that volunteers are provided appropriate oversight and guidance in the performance of their volunteer service. (c) Volunteers shall have limited liability in accordance with Article 2 of Chapter 21 of Title 50 while performing services pursuant to this Code section.
31-8-196. (a) Health care providers and volunteers recruited, trained, or accepted under this article shall not be subject to any provisions of the laws of this state relating to state employment, collective bargaining, hours of work, rates of compensation, leave time, or employee benefits. However, all health care providers and volunteers shall comply with applicable department or agency rules and regulations. Health care providers who are individuals and volunteers shall be considered as unpaid independent volunteers and shall not be entitled to unemployment compensation. (b) Health care providers who are individuals and volunteers shall be covered by workers compensation in accordance with Chapter 9 of Title 34.
31-8-197. The Department of Administrative Services shall annually compile a report of all claims statistics which shall include the number and total of all claims pending and paid, and defense and handling costs associated with all claims brought against contract providers under this article. This report shall be forwarded to the department and included in the annual report submitted to the General Assembly pursuant to Code Section 31-8-198.
31-8-198. Annually, the department shall report to the President of the Senate, the Speaker of the House of Representatives, the minority leaders of each house, and chairpersons of the House Health and Human Services Committee and the Senate Health and Human Services Committee, summarizing the efficacy of access and treatment outcomes with respect to providing health care services for low-income persons pursuant to this article.

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31-8-199. The department shall be responsible for and shall pay such amounts as determined by the Department of Administrative Services for insurance premiums for liability coverage for the cost of claims and defense against litigation arising out of health care services delivered pursuant to this article. The department shall be responsible for submitting to the Department of Administrative Services all underwriting information requested by and all insurance premiums assessed by the Department of Administrative Services. The department shall annually report to the Department of Administrative Services the number and type of providers who have entered into a contract pursuant to this article.
31-8-200. The department shall adopt rules and regulations to administer this article in a manner consistent with its purpose to provide and facilitate access to appropriate, safe, and cost-effective health care services and to maintain health care quality. All governmental contractors and providers shall be subject to such rules and regulations. The rules may include services to be provided and authorized procedures.
31-8-201. This article applies to incidents occurring on or after July 1, 2005. Nothing in this article in any way reduces or limits the rights of the state or any of its agencies or subdivisions to any benefit currently provided under Article 2 of Chapter 21 of Title 50."
SECTION 2. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers compensation, is amended in Code Section 34-9-1, relating to definitions, by striking paragraph (2) and inserting in lieu thereof the following:
"(2) 'Employee' means every person in the service of another under any contract of hire or apprenticeship, written or implied, except a person whose employment is not in the usual course of the trade, business, occupation, or profession of the employer; and, except as otherwise provided in this chapter, minors are included even though working in violation of any child labor law or other similar statute; provided, however, that nothing contained in this chapter shall be construed as repealing or altering any such law or statute. Any reference to any employee who has been injured shall, if the employee dies, include such employees legal representatives, dependents, and other persons to whom compensation may be payable pursuant to this chapter. All firefighters, law enforcement personnel, and personnel of emergency management or civil defense agencies, emergency medical services, and rescue organizations whose compensation is paid by the state or any county or municipality, regardless of the method of appointment, and all full-time county employees and employees of elected salaried county officials are specifically included in this definition. There shall also be included within such term any volunteer firefighter of any county or municipality of

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this state, but only for services rendered in such capacity which are not prohibited by Code Section 38-3-36 and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer firefighters; any volunteer law enforcement personnel of any county or municipality of this state who are certified by the Georgia Peace Officer Standards and Training Council, for volunteer law enforcement services rendered in such capacity which are not prohibited by Code Section 38-3-36 and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer law enforcement personnel; any person who is a volunteer member or worker of an emergency management or civil defense organization, emergency medical service, or rescue organization, whether governmental or not, of any county or municipality of this state for volunteer services, which are not prohibited by Code Section 38-3-36, rendered in such capacity and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer members or workers; any person who is a health care provider or volunteer pursuant to Article 8 of Chapter 8 of Title 31; and any person certified by the Department of Human Resources or the Composite State Board of Medical Examiners and registered with any county or municipality of this state as a medical first responder for any volunteer first responder services rendered in such capacity, which are not prohibited by Code Section 38-3-36 and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such responders. The various elected county officers and elected members of the governing authority of an individual county shall also be included in this definition, if the governing authority of said county shall provide therefor by appropriate resolution. For the purposes of workers compensation coverage, employees of county and district health agencies established under Chapter 3 of Title 31 are deemed and shall be considered employees of the State of Georgia and employees of community service boards established under Chapter 2 of Title 37 shall be considered to be employees of the state. For the purpose of workers compensation coverage, members of the Georgia National Guard and the State Defense Force serving on state active duty pursuant to an order by the Governor are deemed and shall be considered to be employees of this state. A person shall be an independent contractor and not an employee if such person has a written contract as an independent contractor and if such person buys a product and resells it, receiving no other compensation, or provides an agricultural service or such person otherwise qualifies as an independent contractor. Notwithstanding the foregoing provisions of this paragraph, any officer of a corporation may elect to be exempt from coverage under this chapter by filing written certification of such election with the insurer or, if there is no insurer, the State Board of Workers Compensation as provided in Code Section 34-9-2.1. For purposes of this chapter, an owner-operator as such term is defined in Code Section 40-2-87 shall be deemed to be an independent contractor. Inmates or persons participating in a work release program, community service

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617

program, or similar program as part of the punishment for violation of a municipal ordinance pursuant to Code Section 36-32-5 or a county ordinance or a state law shall not be deemed to be an employee while participating in work or training or while going to and from the work site or training site, unless such inmate or person is employed for private gain in violation of Code Section 42-1-5 or Code Section 42-870 or unless the municipality or county had voluntarily established a policy, on or before January 1, 1993, to provide workers compensation benefits to such individuals."
SECTION 3. Said chapter is further amended by striking Code Section 34-9-260, relating to basis and method for computing compensation generally, and inserting in lieu thereof the following:
"34-9-260. Except as otherwise provided in this chapter, the average weekly wages of the injured employee at the time of the injury shall be taken as the basis upon which to compute compensation and shall be determined, subject to limitations as to the maximum and minimum amounts provided for in Code Sections 34-9-261 and 34-9-265, as follows:
(1) If the injured employee shall have worked in the employment in which he or she was working at the time of the injury, whether for the same or another employer, during substantially the whole of 13 weeks immediately preceding the injury, his or her average weekly wage shall be one-thirteenth of the total amount of wages earned in such employment during the 13 weeks; (2) If the injured employee shall not have worked in such employment during substantially the whole of 13 weeks immediately preceding the injury, the wages of a similar employee in the same employment who has worked substantially the whole of such 13 weeks shall be used in making the determination under the preceding paragraph; (3) If either of the foregoing methods cannot reasonably and fairly be applied, the full-time weekly wage of the injured employee shall be used; (4) If compensation is due for a fractional part of the week, the compensation for such fractional part shall be determined by dividing the weekly compensation rate by the number of days employed per week to compute the amount due for each day; (5) If the injured employee is a volunteer firefighter included under this chapter for volunteer fire-fighting services rendered to a county or municipality of this state or a volunteer law enforcement officer included under this chapter for volunteer law enforcement services rendered to a county or municipality of this state, such firefighters or volunteer law enforcement officers average weekly wage shall be deemed to be the Georgia average weekly earnings of production workers in manufacturing industries for the immediately preceding calendar year, as published by the Georgia Department of Labor; (6) If the injured employee is a health care provider or volunteer pursuant to Article 8 of Chapter 8 of Title 31 in the course of providing services for a governmental

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contractor, as defined in Code Section 31-8-192, such health care providers or volunteers average weekly wage shall be deemed to be the Georgia average weekly earnings of a health care professional or individual performing similar services for the immediately preceding calendar year, as published by the Georgia Department of Labor; (6)(7) The average weekly wage of a member of the Georgia National Guard or State Defense Force serving on state active duty pursuant to an order by the Governor shall be the greater of:
(A) Seven-thirtieths of the monthly pay and allowances of the individual at the time of the injury, computed in accordance with Code Section 38-2-250, adjusted from time to time for appropriated increases in such monthly pay and allowances, excluding longevity increases; or (B) If the injured member of the Georgia National Guard or the State Defense Force worked at the time of the injury in any employment other than serving as a member of the Georgia National Guard or the State Defense Force, the average weekly wage of the individual in such other employment as determined pursuant to paragraphs (1) through (5)(6) of this Code section or, if such individual worked at the time of the injury for more than one employer, the average combined weekly wage of the individual in such multiple employment as determined pursuant to paragraphs (1) through (5) (6) of this Code section."
SECTION 4. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking Code Section 43-1-28, relating to volunteers in health care specialties, and inserting in lieu thereof the following:
"43-1-28. (a) This Code section shall be known and may be cited as the 'Georgia Volunteers in Health Care Specialties Act.' (b) As used in this Code section, the term:
(1) 'Health care board' means that professional licensing board which licenses a health care practitioner under this title. (2) 'Health care practitioner' means a chiropractor, registered professional nurse, or podiatrist, optometrist, professional counselor, social worker, marriage and family therapist, occupational therapist, physical therapist, physicians assistant, licensed practical nurse, or certified nurse midwife. (3) 'Health care specialty' means the practice of chiropractic, nursing, or podiatry, optometry, professional counseling, social work, marriage and family therapy, occupational therapy, physical therapy, physician assistance, or midwifery. (c) Notwithstanding any other provision of law, each health care board may issue a special license to qualifying health care practitioners whose health care specialty is licensed by that board under the terms and conditions set forth in this Code section. The special license may only be issued to a person who:

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(1) Is currently licensed to practice the applicable health care specialty in any health care specialty licensing jurisdiction in the United States and whose license is in good standing; or (2) Is retired from the practice of the health care specialty or, in the case of a physicians assistant, has an inactive license and is not currently engaged in such practice either full time or part time and has, prior to retirement or attaining inactive status, maintained full licensure in good standing in the applicable health care specialty licensing jurisdiction in the United States. (d) The special licensee shall be permitted to practice the health care specialty only in the noncompensated employ of public agencies or institutions, not for profit agencies, not for profit institutions, nonprofit corporations, or not for profit associations which provide health care specialty services only to indigent patients in areas which are underserved by that specialty or critical need population areas of the state, as determined by the board which licenses that specialty, or pursuant to Article 8 of Chapter 8 of Title 31. (e) The person applying for the special license under this Code section shall submit to the appropriate health care board a copy of his or her health care specialty degree, a copy of his or her health care specialty license in his or her current or previous licensing and regulating jurisdiction, and a notarized statement from the employing agency, institution, corporation, or association, or health care program on a form prescribed by that board, whereby he or she agrees unequivocally not to receive compensation for any health care specialty services he or she may render while in possession of the special license. (f) Examinations by the health care board, any application fees, and all licensure and renewal fees may be waived for the holder of the special license under this Code section. (g) If, at the time application is made for the special license, the health care practitioner is not in compliance with the continuing education requirements established by the health care board for the applicable health care specialty, the health care practitioner shall be issued a nonrenewable temporary license to practice for six months provided the applicant is otherwise qualified for such license. (h)(1) Except as provided for in paragraph (2) of this subsection, the The liability of persons practicing a health care specialty under and in compliance with a special license issued under this Code section and the liability of their employers for such practice shall be governed by Code Section 51-1-29.1, except that a podiatrist engaged in such practice and an employer thereof shall have the same immunity from liability as provided other health care practitioners under Code Section 51-1-29.1. (2) The liability of persons practicing a health care specialty pursuant to Article 8 of Chapter 8 of Title 31 under and in compliance with a special license issued under this Code section and the liability of their employers for such practice shall be governed by the provisions of such article. (i) This Code section, being in derogation of the common law, shall be strictly construed."

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SECTION 5. Said title is further amended by striking Code Section 43-11-52, relating to volunteers in dentistry, and inserting in lieu thereof the following:
"43-11-52. (a) This Code section shall be known and may be cited as the 'Georgia Volunteers in Dentistry and Dental Hygiene Act.' (b) Notwithstanding any other provision of law, the board may issue a special license to qualifying dentists and dental hygienists under the terms and conditions set forth in this Code section and pursuant to requirements which may be set forth in the rules and regulations of the board. The special license may only be issued to a person who is retired from the practice of dentistry or dental hygiene and not currently engaged in such practice either full time or part time and has, prior to retirement, maintained full licensure in good standing in dentistry or dental hygiene in any state. (c) The special licensee shall be permitted to practice dentistry or dental hygiene only in the noncompensated employ of public agencies or institutions, not for profit agencies, not for profit institutions, nonprofit corporations, or not for profit associations which provide dentistry or dental hygiene services only to indigent patients in areas which are underserved by dentists or dental hygienists or critical need population areas of the state, as determined by the board, or pursuant to Article 8 of Chapter 8 of Title 31. The practice of dental hygiene by a dental hygienist awarded a special license under this Code section shall be governed by Code Section 43-11-74. (d) The person applying for the special license under this Code section shall submit to the board a notarized statement from the employing agency, institution, corporation, or association, or health care program on a form prescribed by the board, whereby he or she agrees unequivocally not to receive compensation for any dentistry or dental hygiene services he or she may render while in possession of the special license. (e) The examination by the board, any application fees, and all licensure and renewal fees may be waived for the holder of the special license under this Code section. (f) If, at the time application is made for the special license, the dentist or dental hygienist is not in compliance with the continuing education requirements established by the board for dentists or dental hygienists in this state, the dentist or dental hygienist may be issued a nonrenewable temporary license to practice for six months provided the applicant is otherwise qualified for such license.
(g)(1) Except as provided for in paragraph (2) of this subsection, the The liability of persons practicing dentistry or dental hygiene under and in compliance with a special license issued under this Code section and the liability of their employers for such practice shall be governed by Code Section 51-1-29.1. (2) The liability of persons practicing dentistry or dental hygiene pursuant to Article 8 of Chapter 8 of Title 31 under and in compliance with a special license issued under this Code section shall be governed by the provisions of such article. (h) This Code section, being in derogation of the common law, shall be strictly construed.

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(i) Application for a license under this Code section shall constitute consent for performance of a criminal background check. Each applicant who submits an application to the board for licensure agrees to provide the board with any and all information necessary to run a criminal background check, including but not limited to classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of a background check."
SECTION 6. Said title is further amended by striking Code Section 43-34-45.1, relating to special licenses for volunteers, and inserting in lieu thereof the following:
"43-34-45.1. (a) This Code section shall be known and may be cited as the 'Georgia Volunteers in Medicine Health Care Act.' (b) Notwithstanding any other provision of law, the board may issue a special license to qualifying physicians under the terms and conditions set forth in this Code section. The special license may only be issued to a person who:
(1) Is currently licensed to practice medicine in any medical-licensing jurisdiction in the United States and whose license is in good standing; or (2) Is retired from the practice of medicine and not currently engaged in such practice either full time or part time and has, prior to retirement, maintained full licensure in good standing in any medical-licensing jurisdiction in the United States. (c) The special licensee shall be permitted to practice medicine only in the noncompensated employ of public agencies or institutions or not for profit agencies, not for profit institutions, nonprofit corporations, or not for profit associations which provide medical services only to indigent patients in medically underserved or critical need population areas of the state, as determined by the board, or pursuant to Article 8 of Chapter 8 of Title 31. (d) The person applying for the special license under this Code section shall submit to the board a copy of his or her medical degree, a copy of his or her license in his or her current or previous licensing and regulating jurisdiction, and a notarized statement from the employing agency, institution, corporation, or association, or health care program, on a form prescribed by the board, whereby he or she agrees unequivocally not to receive compensation for any medical services he or she may render while in possession of the special license. (e) The examination by the board, any application fees, and all licensure and renewal fees must be waived for the holder of the special license under this Code section and do not apply to such person. (f) If at the time application is made for the special license the physician is not in compliance with the continuing medical education requirements established by the board, the physician shall be issued a nonrenewable temporary license to practice for six months provided the applicant is otherwise qualified for such license. (g)(1) Except as provided for in paragraph (2) of this subsection, the The liability of persons practicing medicine under and in compliance with a special license issued

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under this Code section and the liability of their employers for such practice shall be governed by Code Section 51-1-29.1. (2) The liability of persons practicing medicine pursuant to Article 8 of Chapter 8 of Title 31 under and in compliance with a special license issued under this Code section and the liability of their employers shall be governed by the provisions of such article. (h) Nothing contained in this Code section shall be construed to authorize the holder of the special license provided for in this Code section to perform surgery or any surgical procedure. (i) This Code section, being in derogation of the common law, shall be strictly construed."
SECTION 7. Article 2 of Chapter 21 of Title 50 of the Official Code of Georgia Annotated, relating to state tort claims, is amended in Code Section 50-21-22, relating to definitions, by striking paragraph (7) in its entirety and inserting in lieu thereof the following:
"(7) 'State officer or employee' means an officer or employee of the state, elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of the state in any official capacity, whether with or without compensation, but the term does not include an independent contractor doing business with the state. The term state officer or employee also includes any natural person who is a member of a board, commission, committee, task force, or similar body established to perform specific tasks or advisory functions, with or without compensation, for the state or a state government entity, and any natural person who is a volunteer participating as a volunteer, with or without compensation, in a structured volunteer program organized, controlled, and directed by a state government entity for the purposes of carrying out the functions of the state entity. This shall include any health care provider and any volunteer when providing services pursuant to Article 8 of Chapter 8 of Title 31. An employee shall also include foster parents and foster children. The Except as otherwise provided for in this paragraph, the term shall not include a corporation whether for profit or not for profit, or any private firm, business proprietorship, company, trust, partnership, association, or other such private entity."
SECTION 7A. Said article is further amended by striking Code Section 50-21-29, relating to trial of actions and limitations on amounts of damages, in its entirety and inserting in lieu thereof the following:
"50-21-29. (a) Trial of tort actions against the state under this article shall be conducted by a judge with a jury; provided, however, the parties may agree that the same be tried by a judge without a jury.
(b)(1) Except as provided for in paragraph (2) of this subsection, in In any action or claim for damages brought under the provisions of this article, no person shall recover a sum exceeding $1 million because of loss arising from a single occurrence,

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regardless of the number of state government entities involved; and the states aggregate liability per occurrence shall not exceed $3 million. The existence of these caps on liability shall not be disclosed or suggested to the jury during the trial of any action brought under this article. (2) In any action or claim for damages brought under the provisions of this article pursuant to Article 8 of Chapter 8 of Title 31, the states aggregate liability per occurrence shall not exceed any monetary limitation of noneconomic damages as provided by law, regardless of the number of state government entities involved. In the event no law exists which provides for monetary limitations on noneconomic damages, the provisions of paragraph (1) of this subsection shall apply. The existence of any cap on liability pursuant to this paragraph shall not be disclosed or suggested to the jury during the trial of any action brought under this article."

SECTION 8. This Act shall become effective only if funds are specifically appropriated for purposes of this Act. This Act shall become effective when funds as appropriated become available for expenditure.

SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representatives Bordeaux of the 162nd and Jamieson of the 28th move to amend the Committee substitute to HB 166 as follows:

By deleting lines 24 and 25 of page 2.

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

Y Abdul-Salaam N Amerson Y Anderson Y Ashe N Barnard N Barnes N Bearden Y Beasley-Teague
Benfield N Benton N Black Y Bordeaux N Borders N Bridges Y Brooks N Brown

N Crawford N Cummings N Davis N Day N Dean N Dickson E Dodson N Dollar
Drenner Y Dukes N Ehrhart N England Y Epps N Fleming Y Floyd, H N Floyd, J

Y Holmes N Holt N Horne N Houston N Howard N Hudson
Hugley Y Jackson N Jacobs E James Y Jamieson
Jenkins E Jennings N Johnson N Jones, J Y Jones, S

N Maxwell N May N McCall E McClinton N Meadows
Millar N Miller N Mills Y Mitchell
Morgan N Morris Y Mosby N Mosley N Mumford E Murphy, J
Murphy, Q

Y Sailor N Scheid Y Scott, A N Scott, M N Setzler
Shaw N Sheldon
Sims, C Y Sims, F Y Sinkfield N Smith, B N Smith, L N Smith, P N Smith, R N Smith, T N Smith, V

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Y Bruce Y Bryant Y Buckner, D N Buckner, G N Burkhalter N Burmeister N Burns N Butler N Byrd N Carter N Casas N Chambers N Channell N Cheokas N Coan
Cole N Coleman, B N Coleman, T N Cooper N Cox

Y Fludd N Forster N Franklin N Freeman Y Gardner N Geisinger N Golick N Graves, D N Graves, T N Greene N Hanner N Harbin N Hatfield N Heard, J Y Heard, K E Heckstall N Hembree Y Henson N Hill, C N Hill, C.A

Y Jordan N Keen N Keown Y Kidd N Knight Y Knox N Lakly N Lane, B N Lane, R N Lewis N Lindsey N Lord N Loudermilk Y Lucas N Lunsford N Maddox Y Mangham
Manning Y Marin N Martin

N Neal Y Oliver N O'Neal Y Orrock N Parham N Parrish N Parsons Y Porter N Powell N Ralston Y Randall N Ray Y Reece, B N Reece, S N Reese N Rice N Roberts
Rogers N Royal N Rynders

Smyre Y Stanley-Turner N Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin N Walker Y Warren
Watson N Wilkinson Y Willard
Williams, A Y Williams, E N Williams, R N Wix N Yates
Richardson, Speaker

On the adoption of the amendment, the ayes were 45, nays 113.

The amendment was lost.

Representative Benfield of the 85th 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 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:

N Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden N Beasley-Teague Y Benfield Y Benton Y Black N Bordeaux Y Borders

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps

N Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson
Hugley N Jackson Y Jacobs E James Y Jamieson Y Jenkins E Jennings

Y Maxwell Y May Y McCall E McClinton Y Meadows
Millar Y Miller Y Mills N Mitchell
Morgan Y Morris N Mosby Y Mosley

N Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P

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625

Y Bridges Y Brooks Y Brown N Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Johnson Y Jones, J Y Jones, S N Jordan Y Keen Y Keown Y Kidd Y Knight N Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin

Y Mumford E Murphy, J
Murphy, Q Y Neal Y Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston N Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Smith, R Y Smith, T Y Smith, V
Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton Y Teilhet N Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren
Watson Y Wilkinson Y Willard
Williams, A N Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 145, nays 19.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Due to a mechanical malfunction, the votes of Representatives Manning of the 32nd and Millar of the 79th were not recorded on the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 178. By Representative Bridges of the 10th:

A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct 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; to correct capitalization and spelling in Title 47 of the Official Code of Georgia Annotated; to provide for other matters relative to Title 47 of the Official Code of Georgia Annotated; 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.

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

Y Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings
Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene
Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne
Houston Y Howard Y Hudson
Hugley Y Jackson Y Jacobs E James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight
Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mosley Y Mumford E Murphy, J
Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall
Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T E Smith, V
Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B
Tumlin Y Walker Y Warren
Watson Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 157, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

Representatives Knox of the 24th and Tumlin of the 38th 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 20. By Representatives Hill of the 21st, Scheid of the 22nd, Byrd of the 20th and Lindsey of the 54th:

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627

A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of motor vehicles generally, so as to repeal and reenact certain provisions regarding window tint restrictions; to provide for definitions; to regulate the application or affixing of light transmission reducing material or glazing; to provide for criminal penalties; to provide for powers, duties, and authority of the Department of Motor Vehicle Safety; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Amerson N Anderson Y Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton N Black Y Bordeaux N Borders Y Bridges N Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas N Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings N Davis Y Day N Dean Y Dickson E Dodson Y Dollar Y Drenner N Dukes Y Ehrhart Y England N Epps Y Fleming Y Floyd, H Y Floyd, J N Fludd N Forster N Franklin Y Freeman Y Gardner Y Geisinger
Golick Y Graves, D Y Graves, T E Greene
Hanner Y Harbin Y Hatfield N Heard, J N Heard, K E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt N Horne Y Houston N Howard Y Hudson
Hugley Y Jackson Y Jacobs E James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey N Lord N Loudermilk N Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Miller Y Mills N Mitchell
Morgan Y Morris N Mosby Y Mosley N Mumford E Murphy, J
Murphy, Q Y Neal Y Oliver Y O'Neal
Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston N Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

N Sailor Y Scheid Y Scott, A N Scott, M Y Setzler
Shaw Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T E Smith, V Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton Y Teilhet N Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Watson Y Wilkinson Y Willard Williams, A N Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker

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On the passage of the Bill, the ayes were 125, nays 33.

The Bill, having received the requisite constitutional majority, was passed.

Representative Morris of the 155th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representatives Scott of the 2nd and Sims of the 151st stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Orrock 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 "nay" thereon.

Representative Lucas of the 139th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 20.

HB 246. By Representatives Graves of the 137th, Stephens of the 164th, Carter of the 159th, Burmeister of the 119th, Parham of the 141st and others:

A BILL to be entitled an Act to amend Code Section 26-4-80 of the Official Code of Georgia Annotated, relating to dispensing prescription drugs, electronically transmitting drug orders, refills, and Schedule II controlled substance prescriptions, so as to change certain provisions relating to the electronic transmission of prescription drug orders; 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 Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black
Bordeaux Y Borders

Y Crawford Cummings
Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jamieson Y Jenkins E Jennings

Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L
Smith, P

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Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene
Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C
Hill, C.A

Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Mumford E Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Smith, R Y Smith, T E Smith, V
Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 160, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 196. By Representatives Smith of the 113th, Ehrhart of the 36th, Willard of the 49th, Fleming of the 117th, Parrish of the 156th and others:

A BILL to be entitled an Act to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to change certain provisions relating to common-sense consumption; to repeal conflicting laws; and for other purposes.

The following amendment was read and adopted:

Representative Jacobs of the 80th moves to amend HB 196 as follows:

On page 3, line 22 strike the word "state" and substitute the word "stay".

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:

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Y Abdul-Salaam Y Amerson N Anderson Y Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges N Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene
Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C
Hill, C.A

Y Holmes Holt
Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J N Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox N Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford E Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L
Smith, P Y Smith, R Y Smith, T E Smith, V
Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet N Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, as amended, the ayes were 154, nays 8.

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 amendment thereto:

HB 98. By Representatives Golick of the 34th, Roberts of the 154th, Smith of the 70th and Jones of the 46th:

A BILL to be entitled an Act to amend Chapter 22 of Title 36 of the O.C.G.A., relating to community greenspace preservation, so as to provide a

WEDNESDAY, FEBRUARY 16, 2005

631

short title; to provide for state and local government activities with respect to land conservation; to state legislative intent; to define terms; to create the Georgia Land Conservation Council and provide for its membership, powers, duties, and operations; to create the Georgia Land Conservation Trust Fund and to create the Georgia Land Conservation Revolving Loan Fund and provide for appropriations and other additions to said funds, as well as grants and other disbursements from said funds; to provide for eligibility for and award and disbursement of grants to counties, cities, and the Department of Natural Resources; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Senate amendment was read:
The Senate moves to amend HB 98 by striking line 27 of page 3 and inserting in lieu thereof the following:
"valorem taxes; resource stewardship; and other costs related to closing the transaction; provided, however, that said costs shall not include any costs for services provided in violation of Chapter 40 of Title 43".
By striking line 34 of page 5 through line 1 of page 6 and inserting in lieu thereof the following:
"balances in the fund funds shall be deposited in an interest-bearing account accounts and shall be carried forward each year so that no part thereof may be deposited in the general treasury. The Department of Natural Resources authority shall administer the fund funds,".
By striking lines 25 through 27 of page 7 and inserting in lieu thereof the following:
"in each fiscal year for loans to cities and counties having approved community land conservation projects or for loans to state authorities specified by the department for purposes of approved state land conservation projects of the department. Any such loan shall bear interest at a rate established by the authority.".
By striking line 11 of page 8 and inserting in lieu thereof the following:
"(f)(1) Unless an earlier date is deemed feasible and established by the Governor, each Each".
Representative Golick of the 34th moved that the House agree to the Senate amendment to HB 98.

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

Y Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T N Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene
Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C
Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James
Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey
Lord Y Loudermilk Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell
Morgan Morris Y Mosby Y Mosley Y Mumford E Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L
Smith, P Y Smith, R Y Smith, T E Smith, V
Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 158, nays 1.

The motion prevailed.

Representative Cooper of the 41st stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Jamieson of the 28th 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.

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633

The following Resolutions of the House were read and referred to the Committee on Rules:
HR 266. By Representative Floyd of the 147th:
A RESOLUTION recognizing and commending Miss Samantha Stephens, 2005 Georgia Watermelon Queen, and inviting her to appear before the House of Representatives; and for other purposes.
HR 267. By Representative Davis of the 109th:
A RESOLUTION recognizing and commending Brett Warrington for his outstanding athletic performance, and inviting him to appear before the House of Representatives; and for other purposes.
HR 268. By Representative Davis of the 109th:
A RESOLUTION recognizing and commending Candler Woods for his outstanding athletic performance, 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 257. By Representative Morris of the 155th:
A RESOLUTION recognizing the contributions of Georgia's Vidalia Onion industry and declaring May "Vidalia Onion Month" in the State of Georgia; and for other purposes.
HR 258. By Representative Holt of the 112th:
A RESOLUTION commending T. K. and Louise Adams; and for other purposes.
HR 259. By Representative Maddox of the 172nd:
A RESOLUTION honoring and commemorating the 100th anniversary of the founding of Grady County, Georgia; and for other purposes.
HR 260. By Representative Jenkins of the 8th:
A RESOLUTION commending the rich history of movies filmed in Rabun County, Georgia, and announcing a community based initiative of archival

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preservation of the movies and their economic impact called "The Reels of Rabun"; and for other purposes.
HR 261. By Representatives Loudermilk of the 14th, Lewis of the 15th and Graves of the 12th:
A RESOLUTION commending Kenneth L. Weikum on becoming an Eagle Scout; and for other purposes.
HR 262. By Representatives Wilkinson of the 52nd, Henson of the 87th and Lindsey of the 54th:
A RESOLUTION honoring 350 years of Jewish life in America; and for other purposes.
HR 263. By Representatives Henson of the 87th, Mitchell of the 88th, Drenner of the 86th, Gardner of the 57th and Benfield of the 85th:
A RESOLUTION commending the Stone Mountain Women's Club; and for other purposes.
HR 264. By Representatives Coan of the 101st, Heard of the 104th, Reese of the 98th, Miller of the 106th, Mumford of the 95th and others:
A RESOLUTION recognizing the Brand Banking Company during its centennial celebration; and for other purposes.
HR 265. By Representatives Anderson of the 123rd, Brooks of the 63rd, Howard of the 121st, Murphy of the 120th, Stanley-Turner of the 53rd and others:
A RESOLUTION remembering and honoring the life of Commissioner Herman Lodge; and for other purposes.
Representative Stephens of the 164th 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 House and has instructed me to report the same back to the House with the following recommendation:
HR 142 Do Pass

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635

Respectfully submitted, /s/ Stephens of the 164th
Chairman
Representative Coleman of the 97th District, 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 34 Do Pass, by Substitute
Respectfully submitted, /s/ Coleman of the 97th
Chairman
Representative Coan of the 101st 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 327 Do Pass, by Substitute
Respectfully submitted, /s/ Coan of the 101st
Chairman
Representative Ralston of the 7th District, Chairman of the Committee on Judiciary Non-civil, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary Non-civil 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:

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HB 172 Do Pass, by Substitute
Respectfully submitted, /s/ Ralston of the 7th
Chairman
Representative Day of the 163rd 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 House and has instructed me to report the same back to the House with the following recommendation:
HB 242 Do Pass, by Substitute
Respectfully submitted, /s/ Day of the 163rd
Chairman
Representative Graves of the 137th 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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 17 Do Pass, by Substitute HB 288 Do Pass HB 444 Do Pass
Respectfully submitted, /s/ Graves of the 137th
Chairman
Representative Bridges of the 10th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:

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637

Your Committee on Retirement 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 373 Do Pass HB 381 Do Pass
Respectfully submitted, /s/ Bridges of the 10th
Chairman
The following Resolutions of the House, referred to the House Rules Subcommittee on Invites, were reported by the Committee on Rules with the following recommendations:
HR 221 Do Pass HR 250 Do Pass
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 221. By Representative Coleman of the 97th:
A RESOLUTION inviting representatives of the Georgia Parent Teacher Association (PTA) to appear before the House of Representatives; and for other purposes.
HR 250. By Representatives Sims of the 151st, Bryant of the 160th, Heard of the 104th and Dukes of the 150th:
A RESOLUTION commending Bradley Benson, a 12-year-old Putney youth who was born with Ambiotic Band Syndrome resulting in the loss of limb, and who receives physical therapy at Phoebe Putney Memorial Hospital, and inviting him to appear before the House of Representatives; and for other purposes.
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.

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Representative Hall, Atlanta, Georgia

Thursday, February 17, 2005

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:

Abdul-Salaam Amerson E Anderson Ashe Barnard Bearden E Beasley-Teague Benfield Benton Black Bridges Brooks Bruce Bryant Buckner, D Burkhalter Burmeister Burns Butler Byrd Carter Casas Chambers Cheokas Coan Cole Coleman, B

Cooper Cox Cummings Dickson E Dodson Ehrhart England Epps Fleming Floyd, J Fludd Franklin Freeman Geisinger Graves, D Graves, T Greene Harbin Hatfield Heard, J E Heckstall Hembree Hill, C E Hill, C.A Holmes Holt Horne

Houston Howard E Hudson Hugley E Jackson Jacobs E James Jamieson Jenkins E Jennings Johnson Jones, S Keen Keown Kidd Knight Knox Lakly Lane, B Lane, R Lewis Lindsey Lord Loudermilk Lunsford Maddox Marin

May McCall E McClinton Miller Mills Mitchell Morgan Mosby Mumford Murphy, J Murphy, Q Neal Oliver O'Neal Parham Parrish Parsons Porter Powell Ralston Ray Reece, B Reece, S Reese Rice Roberts

Royal Rynders Scheid Scott, A Scott, M Setzler E Shaw Sims, F Smith, B Smith, L Smith, P Smith, R Smith, T Smith, V Talton Teilhet Thomas, B Tumlin Warren Wilkinson Willard Williams, A Williams, E Williams, R Yates Richardson, Speaker

The following members were off the floor of the House when the roll was called:

Representatives Barnes of the 78th, Bordeaux of the 162nd, Borders of the 175th, Brown of the 69th, Channell of the 116th, Coleman of the 144th, Crawford of the 127th, Davis of the 109th, Day of the 163rd, Dean of the 59th, Dollar of the 45th, Drenner of the 86th, Dukes of the 150th, Floyd of the 99th, Forster of the 3rd, Gardner of the 57th, Golick of the 34th, Hanner of the 148th, Heard of the 114th, Henson of the 87th, Jones of the 46th, Jordan of the 77th, Lucas of the 139th, Mangham of the 94th, Maxwell of the 17th, Meadows of the 5th, Millar of the 79th, Morris of the 155th, Mosley of the 178th, Orrock of the 58th, Randall of the 138th, Rogers of the 26th, Sailor of the 93rd, Sheldon of the 105th, Sims of the 169th, Sinkfield of the 60th, Smyre of the 132nd, Stanley-

THURSDAY, FEBRUARY 17, 2005

639

Turner of the 53rd, Stephens of the 164th, Stephenson of the 92nd, Thomas of the 55th, Walker of the 107th, Watson of the 91st, and Wix of the 33rd.
They wish to be recorded as present.
Prayer was offered by Dr. David Cooper, Mt. Paran Church of God, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Heard of the 104th, Chairman of the Committee on Information and Audits, 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 were introduced, read the first time and referred to the Committees:
HB 502. By Representative Cheokas of the 134th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Marion County, approved April 8, 2002 (Ga. L. 2002, p. 3794), as amended, so as to change the provisions relating to the compensation of the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on State Planning & Community Affairs - Local.
HB 503. By Representatives Smith of the 168th, Mosley of the 178th, Williams of the 165th and Sims of the 169th:
A BILL to be entitled an Act to provide for the continued hunting of deer with dogs in certain counties unless otherwise prohibited by local Acts of the General Assembly; to amend Code Section 27-3-17 of the Official Code of Georgia Annotated, relating to hunting deer with dogs, so as to change certain provisions relating to rules and regulations establishing open seasons for hunting deer with dogs; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 504. By Representatives Warren of the 122nd, Barnes of the 78th and Sims of the 169th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate promoting the Georgia Automobile Racing Hall of Fame Association; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for a conditional effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 505. By Representatives Royal of the 171st, Stephens of the 164th and Channell of the 116th:
A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on rooms, lodgings, and accommodations, so as to change certain provisions regarding county and municipal levies on public accommodations; to change certain provisions regarding the Hotel Motel Tax Performance Review Board; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 506. By Representatives Burkhalter of the 50th and Coleman of the 144th:

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641

A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special license plates for certain persons and vehicles, so as to provide for special license plates promoting and benefiting the arts in Georgia; to provide for licensing and other agreements; to provide for design and rights; to provide for conditions for issuance, revalidation, and transfer; to provide for fees and the usage thereof; to provide for accounting, contracts, and advisory bodies; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 507. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Atkinson County, approved April 5, 1993 (Ga. L. 1993, p. 4771), as amended, so as to change the compensation of the members of the board of education; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 508. By Representatives Sims of the 169th and Mosley of the 178th:
A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relative to coroners, so as to provide for minimum salaries for coroners of certain counties; to provide for periodic cost-of-living or general performance based increases for coroners; to provide for a minimum salary for deputy coroners; to provide for longevity increases; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 509. By Representatives Harbin of the 118th, Keen of the 179th and Burkhalter of the 50th:
A BILL to be entitled an Act to amend Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, so as to provide for program budgeting; to provide for definitions; to change certain provisions regarding budget estimates; to change certain provisions regarding required reserve of certain appropriations; to provide for the comprehensive revision of provisions regarding the revenue shortfall reserve; to change certain provisions regarding the promotion of state development; to change certain

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provisions regarding policy documents with respect to strategic state planning; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 510. By Representatives Smith of the 113th, Crawford of the 127th, Mosley of the 178th and Williams of the 165th:
A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change certain provisions relating to acquisition and construction of water and sewage systems; to prohibit counties and municipalities from requiring connection with or use of water supplied by a public water system except when other water is unfit; to prohibit counties and municipalities from requiring connection with or use of a public system to dispose of sewage or other waste products in certain cases; to prohibit charges or fees for services made available but not used; to provide a grace period for repairs; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 511. By Representative Hanner of the 148th:
A BILL to be entitled an Act to provide a new charter for the City of Bronwood; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, and prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for a mayor pro tempore; to provide for departments, boards, commissions, and authorities; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 512. By Representatives Hanner of the 148th and Rynders of the 152nd:

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643

A BILL to be entitled an Act to amend an Act creating the Lee County Utilities Authority, approved April 17, 1992 (Ga. L. 1992, p. 6419), as amended, so as to change the composition of such authority; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 513. By Representatives Scott of the 153rd and Day of the 163rd:
A BILL to be entitled an Act to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping of records of applications for licenses and information on licensees and furnishing of information, so as to provide for furnishing of driver history information; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 514. By Representatives Crawford of the 127th, Ralston of the 7th and Richardson of the 19th:
A BILL to be entitled an Act to amend Article 2 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to court reports, so as to remove the requirement of publishing a volume of rules from the definition of reports; to provide for the maintenance of a rules compilation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 515. By Representatives Ehrhart of the 36th, Knox of the 24th, Smith of the 168th, Watson of the 91st, Rynders of the 152nd and others:
A BILL to be entitled an Act to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to authorize certain optometrists to prescribe and administer oral and topical pharmaceutical agents related to the diagnosis or treatment of diseases and conditions of the eye and adnexa oculi except Schedule I and Schedule II controlled substances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.

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HB 516. By Representatives Stephens of the 164th, O`Neal of the 146th, Royal of the 171st, Day of the 163rd and Carter of the 159th:
A BILL to be entitled an Act to amend Code Section 48-5-345 of the Official Code of Georgia Annotated, relating to the use of the county tax digest following certain orders of the state revenue commissioner, so as to provide for circumstances when valuations on such digest shall be final; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 517. By Representatives Jacobs of the 80th, Watson of the 91st, Chambers of the 81st, Williams of the 89th, Millar of the 79th and others:
A BILL to be entitled an Act to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act establishing the form of government of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, so as to require that the DeKalb County Commission or other entities created by the Commission or by local Act relating to the governing authority of DeKalb County allow each individual present to speak regarding issues before the Commission or entity or on the meeting agenda; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 518. By Representatives Jenkins of the 8th, Ralston of the 7th and Forster of the 3rd:
A BILL to be entitled an Act to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic, so as to provide for registration, titling, and operation of certain all-terrain vehicles; to change certain provisions relating to registration and license requirements and penalties; to change certain provisions relating to operating restrictions for off-road vehicles and allterrain vehicles; to change certain provisions relating to enforcement and penalties; to change certain provisions relating to registration of motor vehicles not manufactured to comply with federal emission and safety standards applicable to new motor vehicles; to change certain provisions relating to requirement of compliance with federal safety standards; to amend Code Section 33-34-2 of the O.C.G.A., relating to definitions relative to motor vehicle accident reparations, so as to redefine a term; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Motor Vehicles.
HB 519. By Representatives Davis of the 109th, Talton of the 145th, Forster of the 3rd, Reese of the 98th and Mills of the 25th:
A BILL to be entitled an Act to amend Code Section 32-6-75 of the Official Code of Georgia Annotated, relating to restrictions on outdoor advertising authorized by Code Sections 32-6-72 and 32-6-73 and multiple message signs on the interstate system, primary highways, and other highways, so as to provide that no such signs may advertise the availability of certain entertainment which appeals to the prurient interest; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 520. By Representatives Coan of the 101st, Williams of the 4th, Horne of the 71st, Carter of the 159th, Butler of the 18th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 34 of the O.C.G.A., relating to employment security, so as to provide a change to the definition of the term "employment"; to identify certain business acquisitions with respect to which the succession of experience tax rates shall not be permitted and to impose civil and criminal penalties with regard thereto; to extend suspension of adjustments based upon the State-wide Reserve Ratio for the calendar year 2006 and to provide for a reduced adjustment in contribution rates through December 31, 2006; to continue provisions relating to administrative assessments; to provide for a change in the weekly benefit amount over a two-year period; to provide for the Department of Labor a supplemental appropriation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 521. By Representatives Crawford of the 127th, Talton of the 145th and Barnard of the 166th:
A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to sheriffs, so as to require candidates for sheriff to be certified peace officers in good standing at the time of qualifying for election to the office; to provide that the office of sheriff shall be deemed vacant if the sheriffs certification as a peace officer is revoked; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Governmental Affairs.
HB 522. By Representatives Manning of the 32nd, Tumlin of the 38th, Setzler of the 35th, Johnson of the 37th and Ehrhart of the 36th:
A BILL to be entitled an Act to amend an Act creating the Cobb CountyMarietta 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), so as to amend certain provisions relating to the immunity of the authority; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 525. By Representatives Lunsford of the 110th, Golick of the 34th, Harbin of the 118th, Smith of the 113th, Roberts of the 154th and others:
A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Highway Authority, so as to change certain provisions relating to designation of certain moneys received by the Georgia Highway Authority as trust funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 526. By Representatives Bryant of the 160th, Stephens of the 164th, Carter of the 159th, Jackson of the 161st, Day of the 163rd and others:
A BILL to be entitled an Act to amend an Act creating the Georgia International and Maritime Trade Center Authority, approved April 21, 1995 (Ga. L. 1995, p. 4499), as amended by an Act approved April 4, 1997 (Ga. L. 1997, p. 3791), so as to change the provisions relating to the membership of such authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 527. By Representatives Stephens of the 164th and Lindsey of the 54th:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding payment of excess proceeds of a tax sale by tax commissioners or tax collectors; to provide for

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procedures, conditions, and limitations; to change certain provisions regarding tax commissioners and tax collectors acting as ex officio sheriffs; to change certain provisions regarding compensation for performing such duties; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HR 240. By Representatives Graves of the 137th, Coan of the 101st, Keen of the 179th, Smith of the 129th, Barnes of the 78th and others:
A RESOLUTION designating April 29th of each year as "Dale Earnhardt Day in Georgia"; and for other purposes.
Referred to the Committee on Rules.
HR 253. By Representatives Gardner of the 57th, Drenner of the 86th, Morgan of the 39th, Ashe of the 56th, Jones of the 44th and others:
A RESOLUTION recognizing National Eating Disorders Awareness Week; and for other purposes.
Referred to the Committee on Special Rules.
HR 254. By Representatives Smith of the 129th, Fleming of the 117th, Knight of the 126th, Lunsford of the 110th and Davis of the 109th:
A RESOLUTION requesting that before any state funds are committed to the Lovejoy to Atlanta rail project all the county and municipal governments to be directly served by this rail project agree, by local referendum or other binding document, to subsidize the difference between operating costs and operating income; and for other purposes.
Referred to the Committee on Transportation.
HR 256. By Representatives Williams of the 4th, Franklin of the 43rd, Forster of the 3rd, Scott of the 2nd, Lunsford of the 110th 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

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receiving publicly funded health care services provided by the state or any political subdivision of the state; to provide that illegal aliens are barred from access to public elementary and secondary schools of the state; to provide that illegal aliens are barred from access to public postsecondary institutions of the state; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Interstate Cooperation.
By unanimous consent, the rules were suspended in order that the following Bills and Resolution of the House could be introduced, read the first time and referred to the Committees:
HB 529. By Representative Benton of the 31st:
A BILL to be entitled an Act to amend Article 2 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to restrictions on membership in public retirement or pension systems, so as to define certain terms; to provide that members of a public retirement system convicted of certain crimes shall forfeit all rights and benefits under such system; to provide for a return of employee contributions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 534. By Representative Benton of the 31st:
A BILL to be entitled an Act to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firefighters Pension Fund, so as to change a certain definition; to change references to the secretary-treasurer of such retirement fund to read executive director; to remove the management fee limitation on mutual fund investments; to increase the criminal penalty for defrauding the fund; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 536. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions with respect to state income taxes, so as to change certain provisions regarding tax credits for existing manufacturing

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and telecommunications facilities in tier 1, 2, 3, and 4 counties; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 537. By Representatives Bridges of the 10th and Cummings of the 16th:
A BILL to be entitled an Act to amend Part 2 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to members of the General Assembly, so as to repeal Code Section 47-2-166, relating to membership of persons elected at the November, 1966, general election, employer contributions, and use of General Assembly service for involuntary separation allowance; to provide for a continuation of benefits; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 538. By Representatives O`Neal of the 146th, Fleming of the 117th, Smith of the 129th, Keen of the 179th and Rynders of the 152nd:
A BILL to be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide for certain benefits for members of the national guard or reserve components of the armed services of the United States; to provide for state income tax exclusion; to provide for procedures, conditions, and limitations; to provide for certain automatic license or registration extension; to provide for an exemption regarding continuing education requirements; to provide for nonapplicability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 539. By Representatives O`Neal of the 146th, Parrish of the 156th, Keen of the 179th, Horne of the 71st, Channell of the 116th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits for certain entertainment industry production investments; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner, the Department of Revenue, and

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the Department of Economic Development; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 540. By Representative Mumford of the 95th:
A BILL to be entitled an Act to amend Chapter 14 of Title 47 of the O.C.G.A., relating to the Superior Court Clerks Retirement Fund of Georgia, so as to provide that membership dues in such fund shall be due on the first day of each month; to provide that no creditable service shall be granted for months in which dues payments are in arrears; to provide that a certain percentage of fines and forfeitures shall be due on the first day of each month; to provide a penalty for late payment; to provide that a certain amount collected in certain civil actions and for the recording of certain real estate instruments shall be due on the first day of the month; to provide for a penalty for late payments; to provide that the board of governors of such retirement fund shall be authorized to provide for a surviving spouses benefit in the event of the death of a member who would be eligible to receive a retirement benefit but for reaching the age of 55; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 541. By Representatives Graves of the 137th, Royal of the 171st and O`Neal of the 146th:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to clarify the sales and use tax exemption for a qualified childcaring institution, child-placing agency, or maternity home; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 549. By Representatives Jones of the 44th, Dukes of the 150th, Cooper of the 41st, Ashe of the 56th, Brooks of the 63rd and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate supporting the Alzheimers Association, Georgia Chapter; to provide for issuance, renewal, fees, licensing agreements,

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applications, and transfers relative to such special license plates; to provide for a conditional effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 551. By Representatives Orrock of the 58th, Stephenson of the 92nd, Powell of the 29th, Warren of the 122nd, Williams of the 165th and others:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to enact the "Georgia Economic Development and Fiscal Accountability Act"; to provide for legislative findings; to ensure that the award of economic development subsidies generates improvements in wage levels and access to health care insurance coverage for working families; to provide for definitions; to provide for an annual economic development expenditure report; to provide for application for and award of subsidies; to provide for recapture of funds; to provide for a private right of action and public record disclosure; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 554. By Representatives Murphy of the 120th and Golick of the 34th:
A BILL to be entitled an Act to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits in the Teachers Retirement System of Georgia, so as to provide that a member shall be entitled to receive creditable service for a prior period of employment while participating in the Regents Retirement Plan; to provide for application and payment of the full actuarial value of granting such creditable service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 555. By Representatives Coleman of the 144th, Bridges of the 10th and Cummings of the 16th:
A BILL to be entitled an Act to amend Code Section 47-6-60 of the Official Code of Georgia Annotated, relating to employee contributions in the Georgia Legislative Retirement System, payment of employee contributions on behalf of the member, and additional contributions, so as to provide that

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for purposes of calculating the members contribution, the members salary shall be the combination of his or her monthly salary and any per diem payments he or she receives; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Retirement.

HR 270. By Representatives Gardner of the 57th and Harbin of the 118th:

A RESOLUTION creating the Task Force to Study Consumer Protection Provisions in the Georgia Insurance Code; and for other purposes.

Referred to the Committee on Insurance.

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

HB 486 HB 487 HB 488 HB 489 HB 490 HB 491 HB 492 HB 493 HB 494 HB 495 HB 496 HB 497 HB 498

HB 499 HB 500 HB 501 HB 523 HB 524 HR 238 HR 239 HR 252 SB 58 SB 125 SB 138 SR 81

Representative Smith of the 70th 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 Senate and has instructed me to report the same back to the House with the following recommendation:

SR 54 Do Pass

Respectfully submitted,

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/s/ Smith of the 70th Chairman

Representative Ehrhart of the 36th 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 192 Do Pass

Respectfully submitted, /s/ Ehrhart of the 36th
Chairman

Representative Smith of the 168th District, 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 259 Do Pass, as Amended HB 380 Do Pass HB 382 Do Pass HB 408 Do Pass HB 409 Do Pass HB 410 Do Pass HB 411 Do Pass HB 412 Do Pass HB 413 Do Pass

HB 414 Do Pass HB 415 Do Pass HB 449 Do Pass HB 450 Do Pass HB 457 Do Pass HB 461 Do Pass HB 481 Do Pass HB 485 Do Pass SB 132 Do Pass

Respectfully submitted, /s/ Smith of the 168th
Chairman

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

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HOUSE RULES CALENDAR THURSDAY, FEBRUARY 17, 2005

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 20th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

HB 155
HB 188 HB 195 HB 201 HB 222 HB 264 HB 289
SB 33

Managerial control over acquisition of professional services; amend provisions Registered sexual offender; publish photo in legal organ Parental rights; petitions to terminate; change provisions Veterinarians; boarders of animals; liens for treatment Criminal procedure; discovery in felony cases; change certain provisions Commission on Interstate Cooperation; change certain provisions Pardons and Paroles, Board of; allow certain employees assist law enforcement Georgia Virtual School; authorize establishment; enrollment determination; rules/regulations

Modified Open Rule

None

Modified Structured Rule

None

Structured Rule

HB 282

Income tax; deductions; purchases treated as expenses under federal law

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

Respectfully submitted, /s/ Ehrhart of the 36th
Chairman

The Speaker Pro Tem assumed the Chair.

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By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 259. By Representative Barnard of the 166th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Evans County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend HB 259 by striking lines 9 and 10 of page 1 and inserting in lieu thereof the following:
"O.C.G.A. Such nonpartisan elections shall be held in conjunction with the general primary immediately preceding expiration of the term of office and conducted as provided".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
HB 380. By Representative Lane of the 167th:
A BILL to be entitled an Act to provide that future elections for the office of chief magistrate of McIntosh County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 132. By Senator Williams of the 19th:
A BILL to be entitled an Act to amend an Act providing for the Board of Education of Wayne County, approved January 28, 1994 (Ga. L. 1994, p. 3512), as amended, so as to provide for the nonpartisan election of members of that board; to provide for submission of this Act under the federal 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.

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

On the passage of the Bills, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague Y Benfield N Benton Y Black
Bordeaux Y Borders N Bridges Y Brooks Y Brown
Bruce Y Bryant Y Buckner, D Y Buckner, G
Burkhalter N Burmeister N Burns Y Butler N Byrd
Carter Casas Y Chambers Channell Y Cheokas N Coan Y Cole Coleman, B Coleman, T Cooper N Cox

Y Crawford Y Cummings N Davis Y Day
Dean Y Dickson E Dodson
Dollar Drenner Y Dukes N Ehrhart N England Y Epps N Fleming Y Floyd, H Y Floyd, J Fludd N Forster N Franklin Y Freeman Gardner Y Geisinger Golick Graves, D N Graves, T Y Greene Y Hanner Harbin Y Hatfield Y Heard, J Heard, K E Heckstall N Hembree Y Henson N Hill, C E Hill, C.A

Holmes Y Holt Y Horne
Houston Y Howard E Hudson N Hugley E Jackson Y Jacobs E James Y Jamieson Y Jenkins E Jennings Y Johnson N Jones, J
Jones, S Jordan N Keen Y Keown Y Kidd Knight N Knox Y Lakly Y Lane, B Y Lane, R Y Lewis N Lindsey Lord N Loudermilk N Lucas Lunsford Y Maddox Mangham Manning N Marin N Martin

N Maxwell N May Y McCall E McClinton Y Meadows Y Millar Y Miller N Mills Y Mitchell
Morgan Y Morris
Mosby Y Mosley N Mumford Y Murphy, J Y Murphy, Q N Neal Y Oliver N O'Neal N Orrock
Parham Parrish N Parsons Y Porter Y Powell Y Ralston N Randall Y Ray Y Reece, B N Reece, S N Reese N Rice Y Roberts N Rogers Y Royal N Rynders

Sailor N Scheid Y Scott, A N Scott, M Y Setzler E Shaw N Sheldon Y Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V
Smyre Stanley-Turner Stephens Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren N Watson N Wilkinson Y Willard Williams, A Williams, E Y Williams, R Wix Yates Richardson, Speaker

On the passage of the Bills, the ayes were 82, nays 44.

The Bills, having failed to receive the requisite constitutional majority, were lost.

Representatives Parrish of the 156th stated that he had been called from the floor of

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the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 382. By Representative Lane of the 167th:
A BILL to be entitled an Act to provide for a homestead exemption from McIntosh 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 408. By Representative Channell of the 116th:
A BILL to be entitled an Act to amend an Act providing for the board of education of Greene County, approved March 12, 1986 (Ga. L. 1986, p. 3696), as amended, so as to increase the compensation of the members and chairperson of the 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.
HB 409. By Representatives Amerson of the 9th and Reece of the 27th:
A BILL to be entitled an Act to amend an Act creating the board of commissioners of Lumpkin County, approved April 13, 2001 (Ga. L. 2001, p. 4272), as amended, so as to change certain provisions requiring sealed bids for certain purchases; 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.
HB 410. By Representatives Amerson of the 9th and Reece of the 27th:
A BILL to be entitled an Act to amend an Act placing the tax commissioner of Lumpkin County upon an annual salary, approved April 3, 1972 (Ga. L. 1972, p. 3854), as amended, so as to change the provisions relating to the

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compensation of the tax commissioner; 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.
HB 411. By Representatives Amerson of the 9th and Reece of the 27th:
A BILL to be entitled an Act to amend an Act placing the Clerk of the Superior Court and the Judge of the Probate Court of Lumpkin County upon an annual salary, approved April 3, 1972 (Ga. L. 1972, p. 3851), as amended, so as to change the provisions relating to the compensation of the clerk of the superior court and the judge of the 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.
HB 412. By Representatives Amerson of the 9th and Reece of the 27th:
A BILL to be entitled an Act to amend an Act placing the Sheriff of Lumpkin County upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2469), as amended, so as to change the provisions relating to the compensation of the sheriff; 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.
HB 413. By Representatives Amerson of the 9th and Reece of the 27th:
A BILL to be entitled an Act to authorize the Probate Court of Lumpkin County to charge a technology fee for each criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; 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.
HB 414. By Representatives Amerson of the 9th and Reece of the 27th:
A BILL to be entitled an Act to authorize the Magistrate Court of Lumpkin

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County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; 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.
HB 415. By Representative Floyd of the 147th:
A BILL to be entitled an Act to create a board of elections and registration for Crisp County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 449. By Representative Lane of the 167th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of McIntosh County, approved February 26, 1876 (Ga. L. 1876, p. 283), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5207), so as to provide for the election of members of the board of commissioners to staggered, four-year terms of office; to provide for related matters; to require the submission of this Act for preclearance; 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.
HB 450. By Representative Lane of the 167th:
A BILL to be entitled an Act to provide for a homestead exemption from McIntosh County School District ad valorem taxes for educational purposes

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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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 457. By Representatives May of the 111th and Holt of the 112th:
A BILL to be entitled an Act to provide a new charter for the City of Social Circle; 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, mayor pro tempore, and city council and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; 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.
HB 461. By Representatives Williams of the 165th, Barnard of the 166th and Stephens of the 164th:
A BILL to be entitled an Act to amend an Act creating the Board of Education of Liberty County, approved December 10, 1986 (Ga. L. 1986, p. 3452), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3768), so as to provide a per diem allowance for the chairperson and members of the board of education; to provide for restrictions; 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.
HB 481. By Representatives Knight of the 126th and Lunsford of the 110th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Butts County, approved February 24, 1941 (Ga. L. 1941,

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p. 793), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3833), so as to change the compensation of the members of the board; to provide for certain supplements to such compensation; 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.

HB 485. By Representative Reece of the 11th:

A BILL to be entitled an Act to amend an Act to provide for the election of members of the board of education of Chattooga County, approved April 25, 2002 (Ga. L. 2002, p. 4723), so as to provide for compensation of board members; 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 Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black
Bordeaux Y Borders Y Bridges Y Brooks Y Brown
Bruce Y Bryant Y Buckner, D Y Buckner, G
Burkhalter Y Burmeister Y Burns Y Butler Y Byrd
Carter

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson
Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Freeman
Gardner Y Geisinger
Golick Graves, D Y Graves, T Y Greene

Holmes Y Holt Y Horne
Houston Y Howard E Hudson Y Hugley E Jackson Y Jacobs E James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J
Jones, S Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis

Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell
Morgan Y Morris
Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock
Parham Parrish Y Parsons Y Porter Y Powell Y Ralston

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler E Shaw Y Sheldon Y Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V
Smyre Stanley-Turner Stephens Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker

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Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T
Cooper Y Cox

Y Hanner Harbin
Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C E Hill, C.A

Y Lindsey Y Lord Y Loudermilk Y Lucas
Lunsford Y Maddox
Mangham Manning Y Marin Y Martin

Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Warren Y Watson Y Wilkinson Y Willard
Williams, A Williams, E Y Williams, R Wix Y Yates Richardson, Speaker

On the passage of the Bills, the ayes were 134, nays 0.

The Bills, having received the requisite constitutional majority, were passed.

Representative Parrish of the 156th 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 and House:

SB 4.

By Senators Seabaugh of the 28th, Williams of the 19th, Stephens of the 27th, Hamrick of the 30th, Hill of the 32nd and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to the allocation of funds for public roads, so as to change the provisions regarding the balancing of federal and state funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 49. By Senators Kemp of the 46th, Thompson of the 33rd, Grant of the 25th and Zamarripa of the 36th:

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.

SB 99. By Senators Moody of the 56th, Butler of the 55th and Reed of the 35th:

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663

A BILL to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, particularly by an Act approved March 16, 1971 (Ga. L. 1971, p. 2092), so as to change certain provisions regarding violations of the code of ethics; to add a certain provision regarding the removal of a member of the board of directors for violation of certain provisions regarding conflicts of interest; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 107. By Senators Williams of the 19th, Tolleson of the 20th, Hill of the 4th, Powell of the 23rd and Grant of the 25th:
A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, so as to add an additional route to the Developmental Highway System; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 110. By Senators Unterman of the 45th, Thomas of the 54th and Smith of the 52nd:
A BILL to be entitled an Act to amend Title 43 of the O.C.G.A., relating to regulation of professions and businesses, so as to add a new Chapter 24A regulating the practice of massage therapy; to provide a short title; to provide legislative findings and intent; to provide for certain definitions; to create the Georgia Board of Massage Therapy; to provide for membership on the board; to provide for meetings of the board; to provide for powers of the board; to provide for licensure of massage therapists; to provide for provisional permits; to provide for applications under oath; to provide for licensing examinations; to provide for requirements relating to a license; to provide for violations; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 121. By Senators Moody of the 56th, Shafer of the 48th, Hill of the 32nd, Williams of the 19th, Rogers of the 21st and others:
A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required, so as to exempt records of the State Road and Tollway Authority that would reveal the identity, financial accounts, or travel history of an individual who is a motorist on a tollway project; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 68. By Representatives Shaw of the 176th and Houston of the 170th:

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A BILL to be entitled an Act to amend an Act incorporating the City of Ray City, approved March 17, 1960 (Ga. L. 1960, p. 2473), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4040), so as to provide for staggered, four-year terms for the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 199. By Representative Willard of the 49th:

A BILL to be entitled an Act 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; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained in Title 21 of the Official Code of Georgia Annotated; to provide for other matters relating to Title 21 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:

SR 67. By Senators Johnson of the 1st, Mullis of the 53rd, Tolleson of the 20th, Goggans of the 7th, Stephens of the 27th and others:

A RESOLUTION 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 this amendment for ratification or rejection; and for other purposes.

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

SB 4.

By Senators Seabaugh of the 28th, Williams of the 19th, Stephens of the 27th, Hamrick of the 30th, Hill of the 32nd and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to the allocation of funds for public roads, so as to change the provisions regarding the balancing of federal and state funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

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665

Referred to the Committee on Transportation.

SB 49.

By Senators Kemp of the 46th, Thompson of the 33rd, Grant of the 25th and Zamarripa of the 36th:

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.

Referred to the Committee on Special Rules.

SB 99. By Senators Moody of the 56th, Butler of the 55th and Reed of the 35th:

A BILL to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, particularly by an Act approved March 16, 1971 (Ga. L. 1971, p. 2092), so as to change certain provisions regarding violations of the code of ethics; to add a certain provision regarding the removal of a member of the board of directors for violation of certain provisions regarding conflicts of interest; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Transportation.

SB 107. By Senators Williams of the 19th, Tolleson of the 20th, Hill of the 4th, Powell of the 23rd and Grant of the 25th:

A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, so as to add an additional route to the Developmental Highway System; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Transportation.

SB 110. By Senators Unterman of the 45th, Thomas of the 54th and Smith of the 52nd:

A BILL to be entitled an Act to amend Title 43 of the O.C.G.A., relating to regulation of professions and businesses, so as to add a new Chapter 24A regulating the practice of massage therapy; to provide a short title; to provide legislative findings and intent; to provide for certain definitions; to create the

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Georgia Board of Massage Therapy; to provide for membership on the board; to provide for meetings of the board; to provide for powers of the board; to provide for licensure of massage therapists; to provide for provisional permits; to provide for applications under oath; to provide for licensing examinations; to provide for requirements relating to a license; to provide for violations; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Regulated Industries.

SB 121. By Senators Moody of the 56th, Shafer of the 48th, Hill of the 32nd, Williams of the 19th, Rogers of the 21st and others:

A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required, so as to exempt records of the State Road and Tollway Authority that would reveal the identity, financial accounts, or travel history of an individual who is a motorist on a tollway project; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SR 67.

By Senators Johnson of the 1st, Mullis of the 53rd, Tolleson of the 20th, Goggans of the 7th, Stephens of the 27th and others:

A RESOLUTION 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 this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Game, Fish, & Parks.

Representative Lucas of the 139th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 20. By Representatives Hill of the 21st, Scheid of the 22nd, Byrd of the 20th and Lindsey of the 54th:

A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of motor vehicles generally, so as to repeal and reenact certain provisions regarding

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window tint restrictions; to provide for definitions; to regulate the application or affixing of light transmission reducing material or glazing; to provide for criminal penalties; to provide for powers, duties, and authority of the Department of Motor Vehicle Safety; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

Y Abdul-Salaam N Amerson E Anderson N Ashe N Barnard Y Barnes N Bearden E Beasley-Teague Y Benfield N Benton Y Black
Bordeaux Borders N Bridges Brooks N Brown Bruce N Bryant Y Buckner, D Y Buckner, G Burkhalter N Burmeister N Burns N Butler N Byrd Carter Casas N Chambers N Channell N Cheokas Coan N Cole N Coleman, B Y Coleman, T Cooper N Cox

N Crawford Y Cummings N Davis N Day
Dean Dickson E Dodson Dollar Y Drenner Y Dukes N Ehrhart N England Y Epps N Fleming Y Floyd, H N Floyd, J Fludd N Forster Y Franklin N Freeman Y Gardner N Geisinger N Golick Graves, D N Graves, T N Greene Hanner Harbin N Hatfield Y Heard, J Y Heard, K E Heckstall N Hembree Y Henson N Hill, C E Hill, C.A

Holmes N Holt N Horne N Houston
Howard E Hudson Y Hugley E Jackson Y Jacobs Y James Y Jamieson N Jenkins E Jennings
Johnson N Jones, J
Jones, S Jordan N Keen N Keown Y Kidd Knight N Knox N Lakly N Lane, B N Lane, R N Lewis N Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Maddox Mangham Manning Y Marin N Martin

N Maxwell N May N McCall E McClinton N Meadows N Millar N Miller N Mills Y Mitchell
Morgan Y Morris
Mosby N Mosley N Mumford N Murphy, J Y Murphy, Q
Neal N Oliver N O'Neal Y Orrock
Parham Parrish N Parsons Y Porter N Powell N Ralston Y Randall Ray Reece, B N Reece, S Reese N Rice N Roberts Y Rogers N Royal N Rynders

Sailor Scheid N Scott, A N Scott, M Setzler E Shaw N Sheldon N Sims, C N Sims, F Sinkfield N Smith, B N Smith, L Y Smith, P N Smith, R N Smith, T N Smith, V Smyre Stanley-Turner Stephens Y Stephenson N Talton Teilhet Thomas, A.M Y Thomas, B Tumlin N Walker Y Warren Y Watson N Wilkinson N Willard Williams, A Williams, E Williams, R Y Wix Yates Richardson, Speaker

On the motion, the ayes were 39, nays 82.

The motion was lost.

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Representative Barnard of the 166th 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 259, HB 380 and SB 132.
The following members were recognized during the period of Morning Orders and addressed the House:
Knox of the 24th, Epps of the 128th, Brown of the 69th, Willard of the 49th, and Davis of the 109th.
The Speaker assumed the Chair.
Representative Day of the 163rd moved that the following Bill of the House be withdrawn from the General Calendar and recommitted to the Committee on Public Safety:
HB 240. By Representatives Day of the 163rd, Neal of the 1st and Horne of the 71st:
A BILL to be entitled an Act to amend Code Section 45-9-104 of the Official Code of Georgia Annotated, relating to submission of applications for claims for disability of a law enforcement officer or firefighter, so as to provide that claims for temporary disability shall be submitted within 60 days of the incident resulting in the disability; to provide an effective date; to repeal conflicting laws; and for other purposes.
The motion prevailed.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Education and referred to the Committee on Children & Youth:
HB 451. By Representatives Talton of the 145th, Byrd of the 20th and Abdul-Salaam of the 74th:
A BILL to be entitled an Act to amend Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to early care and learning, so as to exempt certain nonprofit youth development organizations from licensing requirements for day-care centers, family day-care homes, or group day-care homes; to repeal conflicting laws; 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 222. By Representative Willard of the 49th:

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669

A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in felony cases, so as to change certain provisions relating to the applicability of the article; to include cases in which discovery may be obtained through other lawful methods; 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 Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown
Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T
Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson
Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman
Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene
Hanner Y Harbin Y Hatfield
Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C E Hill, C.A

Y Holmes Y Holt Y Horne Y Houston
Howard E Hudson Y Hugley E Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis
Lindsey Lord Y Loudermilk Y Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall Y McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

On the passage of the Bill, the ayes were 155, nays 0.

Sailor Y Scheid Y Scott, A Y Scott, M
Setzler E Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren
Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix
Yates Richardson, Speaker

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The Bill, having received the requisite constitutional majority, was passed.
Representatives Heard of the 104th and Lindsey of the 54th 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 195. By Representatives Fleming of the 117th, Setzler of the 35th, Burmeister of the 119th, Freeman of the 140th, Loudermilk of the 14th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to termination of parental rights, so as to change provisions relating to the time frame for hearings and orders on petitions to terminate parental rights; to provide for legislative findings; 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 11 of Title 15 of the Official Code of Georgia Annotated, relating to termination of parental rights, so as to change provisions relating to the time frame for hearings and orders on petitions to terminate parental rights; to provide for legislative findings; 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 it is in the best interest of this states foster children to have a safe and permanent home as soon as possible and that childrens interests are not served by remaining in foster care any longer than is absolutely necessary. The General Assembly presumes that once a petition to terminate parental rights is filed in juvenile court, such cases should be heard and decided as expeditiously as possible so as not to result in the delay of a determination of a childs future. It is the intent of the General Assembly to further expedite hearings and final orders in parental rights termination cases and that this Act should not be construed so as to require the refiling of a petition to terminate parental rights or a rehearing of such case if the deadlines enunciated by this Act are not met.
SECTION 2. Article 2 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to termination of parental rights, is amended by striking Code Section 15-11-106, relating to

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expedient hearings and disposition of orders, and inserting in lieu thereof the following: "15-11-106. Provided that no just cause has been shown for delay, all All hearings contemplated by this article shall be conducted in an expedient manner. An within 90 days of the date a petition to terminate parental rights is filed pursuant to Code Section 15-11-95. Provided that no just cause has been shown by written finding of fact by the court for delay, an order of disposition shall be issued by the juvenile court no later than one year after the filing of the petition required by Code Section 15-11-95, provided that no just cause has been shown for delay 30 days after the conclusion of the hearing on the petition to terminate parental rights. This Code section shall not affect the right to request a rehearing or the right to appeal the juvenile courts order."

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 Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown
Bruce Y Bryant Y Buckner, D
Buckner, G Y Burkhalter Y Burmeister Y Burns

Y Crawford Cummings
Y Davis Y Day Y Dean Y Dickson E Dodson
Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman
Gardner Y Geisinger Y Golick

Y Holmes Y Holt Y Horne Y Houston
Howard E Hudson Y Hugley E Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly

Y Maxwell Y May Y McCall Y McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler E Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens
Stephenson Y Talton Y Teilhet Y Thomas, A.M

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Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman, B Coleman, T Y Cooper Y Cox

Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield
Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C E Hill, C.A

Y Lane, B Y Lane, R Y Lewis
Lindsey Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, R Y Wix
Yates Richardson, 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.

Representatives Cummings of the 16th, Heard of the 104th, Lindsey of the 54th, and Williams of the 89th 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 201. By Representatives McCall of the 30th, Crawford of the 127th, Scott of the 153rd, Roberts of the 154th and Ray of the 136th:

A BILL to be entitled an Act to amend Part 9 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of veterinarians and boarders of animals, so as to change certain provisions relating to liens for treatment, board, or care of animals and right to retain possession; to define certain terms; 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 Abdul-Salaam Y Amerson E Anderson
Ashe Y Barnard
Barnes Y Bearden E Beasley-Teague
Benfield

Y Crawford Y Cummings Y Davis Y Day Y Dean
Dickson E Dodson Y Dollar
Drenner

Y Holmes Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley E Jackson Y Jacobs

Y Maxwell Y May Y McCall Y McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler E Shaw Y Sheldon Y Sims, C Y Sims, F

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673

Y Benton Y Black Y Bordeaux Y Borders Y Bridges
Brooks Y Brown
Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman, B Coleman, T Y Cooper Y Cox

Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger
Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C E Hill, C.A

Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight
Knox Y Lakly Y Lane, B Y Lane, R Y Lewis
Lindsey Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Manning Y Marin Y Martin

Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sinkfield Y Smith, B Y Smith, L
Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens
Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren
Watson Y Wilkinson
Willard Williams, A Williams, E Y Williams, R Y Wix Yates Richardson, Speaker

On the passage of the Bill, the ayes were 145, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

Representatives Knox of the 24th, Lindsey of the 54th, and Williams of the 89th 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 264. By Representatives Forster of the 3rd, Manning of the 32nd, Davis of the 109th, Fludd of the 66th and Ashe of the 56th:

A BILL to be entitled an Act to amend Chapter 6 of Title 28 of the Official Code of Georgia Annotated, relating to interstate cooperation, so as to change certain provisions relating to creation and membership of the Georgia Commission on Interstate Cooperation; to provide for allowances; to change certain provisions relating to functions of the Georgia Commission on Interstate Cooperation; to change certain provisions relating to a declaration that the Council of State Governments, Council of State Governments Clairmont Road, L.L.C., and Southern Legislative Conference are joint governmental agencies of this state; to provide that certain organizations are

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joint governmental agencies of this state; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard
Barnes Y Bearden E Beasley-Teague
Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown
Bruce Y Bryant Y Buckner, D Y Buckner, G
Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day Y Dean
Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C E Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley E Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis
Lindsey Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall Y McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal
Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter
Powell Y Ralston Y Randall
Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler E Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L
Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens
Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Williams, R Y Wix Y Yates Richardson, Speaker

On the passage of the Bill, the ayes were 152, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

Representatives Lindsey of the 54th and Williams of the 89th stated that they had

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been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 282. By Representatives Roberts of the 154th, Golick of the 34th, Smith of the 129th, Maddox of the 172nd, Davis of the 109th and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide deductions in determining individual and corporate taxable net income for certain purchases which may be treated as expenses under federal law; 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:

Abdul-Salaam Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Brown Y Bruce Y Bryant Y Buckner, D Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Coan

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K

Y Holmes Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley E Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey
Lord Y Loudermilk Y Lucas Y Lunsford

Y Maxwell Y May Y McCall Y McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler E Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L
Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens
Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A

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Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Heckstall Y Hembree Y Henson Y Hill, C E Hill, C.A

Y Maddox Mangham
Y Manning Y Marin Y Martin

Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 157, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

Representative Williams of the 89th 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 289. By Representatives Day of the 163rd, Neal of the 1st, Porter of the 143rd, Horne of the 71st and Talton of the 145th:

A BILL to be entitled an Act 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 authorize the State Board of Pardons and Paroles to confer the powers of law enforcement officers on certain employees of the board to allow such employees to assist law enforcement, correctional, or homeland security officers; 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 roll call was ordered and the vote was as follows:

Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd

Y Holmes Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley E Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler E Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L
Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre

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677

Y Bryant Y Buckner, D
Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C E Hill, C.A

Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey
Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin

Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 164, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

The Speaker announced the House in recess until 1:15 o'clock this afternoon.

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AFTERNOON SESSION

The Speaker called the House to order.

The following Resolutions of the House were read:

HR 272. By Representative Mosley of the 178th:

A RESOLUTION recognizing and commending Mr. Rick Fey; and for other purposes.

HR 273. By Representative Cole of the 125th:

A RESOLUTION welcoming and commending Representative Arnell Willis; and for other purposes.

HR 274. By Representative Jamieson of the 28th:

A RESOLUTION commending Jared Smith; and for other purposes.

HR 275. By Representative Jamieson of the 28th:

A RESOLUTION commending Spencer Palmer; and for other purposes.

HR 276. By Representative Tumlin of the 38th:

A RESOLUTION congratulating and commending Ms. Jordan Schwartz, recipient of a 2005 Prudential Spirit of Community Award; and for other purposes.

HR 277. By Representatives Fludd of the 66th and Bruce of the 64th:

A RESOLUTION recognizing and commending Christian City and the Christian City Home for Children; and for other purposes.

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

Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson

Y Holmes Y Holt Y Horne Y Houston Y Howard E Hudson

Y Maxwell Y May
McCall McClinton Y Meadows Y Millar

Sailor Y Scheid
Scott, A Y Scott, M Y Setzler E Shaw

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679

Y Bearden E Beasley-Teague
Benfield Y Benton Y Black
Bordeaux Y Borders Y Bridges Y Brooks Y Brown
Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas
Coan Y Cole Y Coleman, B
Coleman, T Cooper Y Cox

E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger
Golick Graves, D Y Graves, T Y Greene Hanner Y Harbin Y Hatfield Y Heard, J Heard, K Y Heckstall Y Hembree Henson Y Hill, C E Hill, C.A

Y Hugley E Jackson Y Jacobs
James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown
Kidd Y Knight
Knox Y Lakly
Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal
Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall
Ray Y Reece, B Y Reece, S Y Reese
Rice Y Roberts
Rogers Y Royal Y Rynders

Sheldon Sims, C Y Sims, F Sinkfield Smith, B Y Smith, L Y Smith, P Y Smith, R Smith, T Y Smith, V Smyre Y Stanley-Turner Stephens Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Williams, R Y Wix Y Yates Richardson, Speaker

On the adoption of the Resolutions, the ayes were 134, nays 0.

The Resolutions were adopted.

Representative Benfield of the 85th and Lane of the 158th 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 of the House and Senate were taken up for consideration and read the third time:

HB 155. By Representatives Ehrhart of the 36th, Heard of the 104th, Floyd of the 147th and Heard of the 114th:

A BILL to be entitled an Act to amend Chapter 22 of Title 50 of the Official Code of Georgia Annotated, relating to managerial control over acquisition of professional services, so as to provide a statement of purpose and policy;

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to define a certain term; to change the maximum number of professionals considered for selection; to repeal a provision relating to the selection of a professional in certain state contracts; to require a declaration by an interior designer in certain state contracts; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 22 of Title 50 of the Official Code of Georgia Annotated, relating to managerial control over acquisition of professional services, so as to provide a statement of purpose and policy; to define a certain term; to change the maximum number of professionals considered for selection; to repeal a provision relating to the selection of a professional in certain state contracts; to require a declaration by an interior designer in certain state contracts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 22 of Title 50 of the Official Code of Georgia Annotated, relating to managerial control over acquisition of professional services, is amended by striking in its entirety Code Section 50-22-1, relating to purpose and policy, and inserting in lieu thereof the following:
"50-22-1. The purpose of this chapter is to provide managerial control by the state over the acquisition of the professional services provided by architects, professional engineers, landscape architects, and land surveyors, and interior designers. It is declared to be the policy of this state to announce publicly requirements for such professional services, to encourage all qualified persons to put themselves in a position to be considered for a contract, and to enter into contracts for such professional services on the basis of demonstrated competence and qualification for the types of professional services required at fair and reasonable fees."
SECTION 2. Said chapter is further amended by striking in its entirety paragraph (4) of Code Section 50-22-2, relating to definitions, and inserting in lieu thereof the following:
"(4) 'Professional services' means those services within the scope of the following: (A) The practice of architecture, as defined in paragraph (6) of Code Section 43-41; (B) The practice of registered interior design, as defined in Code Section 43-4-30; (C) The practice of professional engineering, as defined in paragraph (11) of Code Section 43-15-2;

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681

(C)(D) The practice of land surveying, as defined in paragraph (6) of Code Section 43-15-2; or (D)(E) The practice of landscape architecture, as defined in paragraph (3) of Code Section 43-23-1."
SECTION 3. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 50-22-4, relating to submission of information to state agency by persons desiring to provide professional services and preliminary selections, and inserting in lieu thereof the following:
"(b) For each proposed project for which professional services are required, the principal representative or his or her designee of the state agency for which the project is to be done shall evaluate statements of qualifications and performance data as required in the public notice provided for in Code Section 50-22-3 and shall conduct discussions with not less than three persons regarding their qualifications, approaches to the project, abilities to furnish the required professional services, anticipated design concepts, and use of alternative methods of approach for furnishing the required professional services. The principal representative or his or her designee shall then select not less than three nor more than eight five persons deemed to be most highly qualified to perform the required professional services after considering, and based upon, such factors as the ability of professional personnel, past performance, willingness to meet time requirements, project location, office location, the professionals current and projected workloads, the professionals approach, quality control procedures, the volume of work previously awarded to the person by the state agency, and the extent to which said persons have and will involve minority subcontractors, with the object of effecting an equitable distribution of contracts among qualified persons as long as such distribution does not violate the principle of selection of the most highly qualified person. In selection, as mentioned in this Code section, persons who maintain an office in Georgia shall be given preference when qualifications appear to be equal."
SECTION 4. Said chapter is further amended by striking in its entirety Code Section 50-22-5, relating to final selection of professional by other than contract negotiations, and inserting in lieu thereof the following:
"50-22-5. (a) After selecting not less than three nor more than eight persons deemed to be the most highly qualified to perform the required professional services, the principal representative or his designee shall then send a notice in writing to each person so selected defining the scope of the required professional services and then shall select a person to provide the professional services based upon additional factors such as the cost of providing the professional services and other factors as the agency deems appropriate or as required by law; provided, however, that, if the agency selects the

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person to provide professional services through contract negotiations, the provisions of Code Section 50-22-6 shall apply. (b) In cases where Code Section 50-22-6 is not applicable, such additional factors to be considered shall be available to interested persons at the time of the public notice provided for in Code Section 50-22-3 and shall be presented in writing to any person selected for consideration of the project pursuant to Code Section 50-22-4. Reserved."

SECTION 5. Said chapter is further amended by striking in their entirety subsections (a) and (d) of Code Section 50-22-6, relating to selection of professional through contract negotiations, contractual prohibition against contingent fees, and right to terminate contract, and inserting in lieu thereof, respectively, the following:
"(a) In cases where the agency shall select the person to provide the professional services through contract negotiations, the The principal representative or his or her designee shall rank in order not less than three nor more than eight five persons deemed most qualified to perform such professional services. The principal representative or his or her designee shall then negotiate a contract with the highest qualified person providing professional services for such services at compensation which the principal representative or his or her designee determines in writing to be fair and reasonable. In making such decision, the principal representative or his or her designee shall take into account the estimated value of the services to be rendered and the scope, complexity, and professional nature thereof." "(d) Each contract for professional services entered into by the principal representative shall contain a prohibition against contingent fees as follows: the architect, registered land surveyor, professional engineer, or landscape architect, or interior designer, as applicable, warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for him or her, to solicit or secure this contract and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for him or her, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or the making of this contract."

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 Abdul-Salaam Y Amerson E Anderson

Y Crawford Y Cummings Y Davis

Y Holmes Y Holt Y Horne

Y Maxwell Y May Y McCall

Y Sailor Y Scheid Y Scott, A

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683

Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague
Benfield Y Benton Y Black
Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas
Coan Y Cole Y Coleman, B
Coleman, T Cooper Y Cox

Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J
Heard, K Y Heckstall Y Hembree
Henson Y Hill, C E Hill, C.A

Y Houston Y Howard E Hudson Y Hugley E Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown
Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall
Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Scott, M Y Setzler E Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield
Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, 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.

HB 188. By Representatives Burmeister of the 119th and Rynders of the 152nd:

A BILL to be entitled an Act 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 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; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following amendment was read and adopted:

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Representatives Burmeister of the 119th and Barnard of the 166th move to amend HB 188 by striking line 4 of page 1 and inserting in lieu thereof the following:

"published in the legal organ of the county in which such person resides after release from confinement; to provide"

By striking lines 12 through 18 of page 1 and inserting in lieu thereof the following:

"(a) When a person who has been convicted of a crime for which that person is required to register under Code Section 42-1-12 makes his or her first report to a sheriff after such persons release from confinement, the sheriff shall cause to be published a notice of conviction and release from confinement of such person. Such notice shall be published in the manner of legal notices in the legal organ of the county in which person resides. Such notice 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 or a subsequent photograph, the name"

By striking lines 21 and 22 of page 1 and inserting in lieu thereof the following:

"second week following such persons release from confinement or as soon thereafter as publication may be made. The notice shall include the address of the Georgia Bureau of Investigation website for additional information regarding the sexual offender registry. (b) The convicted person for which a notice of conviction and release from confinement is published pursuant to"

By striking lines 1 through 5 of page 2 and inserting in lieu thereof the following:

"such notice, and such assessment shall be imposed at the time of reporting to the sheriffs office. (c) The sheriff, the publisher of any legal organ which publishes a notice of conviction and release from confinement, and any other person involved in the publication of an erroneous notice of conviction and release from confinement shall be immune from civil or criminal liability for such erroneous publication,"

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 Abdul-Salaam Y Amerson E Anderson

Y Crawford Y Cummings Y Davis

Y Holmes Y Holt Y Horne

Y Maxwell Y May Y McCall

Y Sailor Y Scheid Y Scott, A

THURSDAY, FEBRUARY 17, 2005

685

Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas
Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J
Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C E Hill, C.A

Y Houston Y Howard E Hudson Y Hugley E Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown
Kidd Y Knight Y Knox Y Lakly
Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin

Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall
Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Scott, M Y Setzler E Shaw
Sheldon Y Sims, C Y Sims, F Y Sinkfield
Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard
Williams, A Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker

On the passage of the Bill, as amended, the ayes were 157, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Coan 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.

SB 33.

By Senators Moody of the 56th, Douglas of the 17th, Balfour of the 9th, Hooks of the 14th, Bulloch of the 11th and others:

A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to change certain provisions relating to determination of enrollment by institutional programs; to authorize the establishment of the Georgia Virtual School; to provide for rules and regulations; to provide for a Georgia Virtual

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School grant account; to provide for statutory construction; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL
To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to change certain provisions relating to determination of enrollment by institutional programs; to authorize the establishment of the Georgia Virtual School; to provide for rules and regulations; to provide for a Georgia Virtual School grant account; to provide for statutory construction; 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 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," is amended by striking subsection (a) of Code Section 20-2-160, relating to determination of enrollment by institutional programs, and inserting in its place a new subsection (a) to read as follows:
"(a) The State Board of Education shall designate the specific dates upon which two counts of students enrolled in each instructional program authorized under this article shall be made each school year and by which the counts shall be reported to the Department of Education. The initial enrollment count shall be made after October 1 but prior to November 17 and the final enrollment count after March 1 but prior to May 1. The report shall indicate the 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 competitive basis; a course in which the student serves as a student assistant to a teacher, in a school office, or in the media center, except when such placement is an approved work site of a recognized career or vocational program; an individual study course for which no outline of course objectives is prepared in writing prior to the beginning of the course; a course taken through the Georgia Virtual School pursuant to Code Section 20-2-319; 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

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687

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."
SECTION 2. Said article is further amended in Part 14, relating to other educational programs under the "Quality Basic Education Act," by inserting at the end thereof a new Code Section 20-2-319 to read as follows:
"20-2-319. (a) The State Board of Education is authorized to establish the Georgia Virtual School whereby students may enroll in state funded courses via the Internet or in any other manner not involving on-site interaction with a teacher. Any Georgia student who is age 21 or younger shall be eligible to enroll in the Georgia Virtual School, at no cost to the student, provided that public school students shall be given priority. The State Board of Education is authorized to promulgate rules and regulations pertaining to the Georgia Virtual School. Such rules and regulations, if established, shall include, at a minimum, a process for students to enroll in Georgia Virtual School courses, including provisions allowing for students to participate in such courses in excess of any maximum number of courses allowed per year at a tuition rate to be established by the State Board of Education, and a process whereby a students grade in the course is reported on the students transcript. All teachers who provide instruction through the Georgia Virtual School shall be certified by the Professional Standards Commission. (b) The department is authorized to establish a Georgia Virtual School grant account with funds appropriated by the General Assembly. The amount of funds requested by the state board for this account shall be the amount that the participating students would have earned under this article if those students had been in equivalent general education programs in a local school system for that portion of the instructional day in which the students were actually enrolled in a Georgia Virtual School course. The department shall use funds from this grant account to pay for costs associated with the Georgia

688

JOURNAL OF THE HOUSE

Virtual School incurred by the department, including, but not limited to, actual costs of tuition, materials, and fees directly related to the approved courses taken by the students through the Georgia Virtual School. (c) The Georgia Virtual School shall not be considered a school for purposes of Article 2 of Chapter 14 of this title."

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 Porter of the 143rd et al. move to amend Committee substitute to SB 33 by inserting after "School." on line 14 of page 3 the following:

"The department shall provide funds from this grant account to local school systems for each public school student who is enrolled in a course through the Georgia Virtual School for the costs incurred by the local school systems to facilitate the course or courses in the local school system. The amount of such funds provided to each local school system shall be equal to the amount of funds that would be attributable to the nondirect instructional portion of the costs that would have been earned if the student had been in an equivalent general education program for that portion of the school day."

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

Y Abdul-Salaam N Amerson E Anderson Y Ashe N Barnard Y Barnes N Bearden E Beasley-Teague Y Benfield N Benton Y Black Y Bordeaux Y Borders N Bridges Y Brooks N Brown Y Bruce Y Bryant

N Crawford Y Cummings N Davis N Day
Dean N Dickson E Dodson N Dollar
Drenner Y Dukes N Ehrhart N England Y Epps N Fleming
Floyd, H N Floyd, J
Fludd Forster

Y Holmes N Holt N Horne N Houston Y Howard E Hudson Y Hugley E Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson N Jones, J Y Jones, S Y Jordan N Keen

N Maxwell N May N McCall Y McClinton N Meadows N Millar N Miller N Mills Y Mitchell Y Morgan Y Morris Y Mosby N Mosley N Mumford N Murphy, J Y Murphy, Q N Neal Y Oliver

Y Sailor N Scheid N Scott, A N Scott, M N Setzler E Shaw N Sheldon N Sims, C Y Sims, F Y Sinkfield N Smith, B N Smith, L Y Smith, P N Smith, R N Smith, T N Smith, V Y Smyre Y Stanley-Turner

THURSDAY, FEBRUARY 17, 2005

689

Y Buckner, D Y Buckner, G N Burkhalter N Burmeister N Burns N Butler N Byrd N Carter N Casas N Chambers Y Channell Y Cheokas N Coan N Cole N Coleman, B Y Coleman, T N Cooper N Cox

N Franklin N Freeman Y Gardner N Geisinger N Golick N Graves, D N Graves, T Y Greene Y Hanner N Harbin N Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree Y Henson N Hill, C E Hill, C.A

N Keown Y Kidd N Knight N Knox N Lakly
Lane, B N Lane, R N Lewis N Lindsey Y Lord N Loudermilk Y Lucas N Lunsford N Maddox Y Mangham N Manning Y Marin N Martin

N O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell N Ralston Y Randall
Ray Y Reece, B N Reece, S N Reese N Rice N Roberts N Rogers
Royal N Rynders

N Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin N Walker Y Warren Y Watson N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Richardson, Speaker

On the adoption of the amendment, the ayes were 68, nays 95.

The amendment was lost.

Representative Forster of the 3rd 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 Drenner of the 86th 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 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 Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart

Y Holmes Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley E Jackson Y Jacobs Y James Y Jamieson

Y Maxwell Y May Y McCall N McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler E Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B

690

JOURNAL OF THE HOUSE

Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y England Y Epps Y Fleming
Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C E Hill, C.A

Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 166, nays 1.

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 substitute, by the requisite constitutional majority, the following bill of the House:

HB 84. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th and Keen of the 179th:

A BILL to amend an Act providing appropriations for the State Fiscal Year 2004-2005, known as the "General Appropriations Act," approved May 17, 2004 (Ga. L. 2004, p. 994.) and for other purposes.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

THURSDAY, FEBRUARY 17, 2005

691

HB 84. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th and Keen of the 179th:

A BILL to amend an Act providing appropriations for the State Fiscal Year 2004-2005, known as the "General Appropriations Act," approved May 17, 2004 (Ga. L. 2004, p. 994.) and for other purposes.

The following Senate substitute was read:

A BILL

To amend an Act providing appropriations for the State Fiscal Year 2004-2005 known as the "General Appropriations Act," approved June 4, 2004 (Ga. L. 2004, p. 710), so as to change certain appropriations for the State Fiscal Year 2004-2005; 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:

Part 1. An Act providing appropriations for the State Fiscal Year 2004-2005, as amended, known as the "General Appropriations Act," approved June 4, 2004 (Ga. L. 2004, p. 710), is further amended by striking everything following the enacting clause through Section 68, and by substituting in lieu thereof the following:

"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:

Total Funds

$30,727,624,877

Non State Funds

$14,160,087,338

Federal Funds Not Specifically Identified

$8,029,231,725

Other Non-State Funds

$6,130,855,613

State Funds

$16,567,537,539

Lottery Funds

$776,892,107

Tobacco Funds

$156,370,000

Motor Fuel Funds

$754,482,153

Other State Funds

$155,846,447

State General Funds

$14,723,946,832

Intra-State Agency Funds

$15,498,100

Indirect DOAS Funds

$15,498,100

Section 1: Georgia Senate Total Funds

$9,006,298

692

JOURNAL OF THE HOUSE

Non State Funds State Funds
State General Funds Intra-State Agency Funds

$0 $9,006,298 $9,006,298
$0

LIEUTENANT GOVERNOR'S OFFICE

Per the Constitution of the State of Georgia, Article V, Section I, Paragraph III, the

Lieutenant Governor shall be the President of the Senate.

Total Funds

$870,398

State Funds

$870,398

State General Funds

$870,398

SECRETARY OF THE SENATE'S OFFICE

Per O.C.G.A. 28-1-3, the purpose of this program is to organize the state Senate.

Total Funds

$1,573,742

State Funds

$1,573,742

State General Funds

$1,573,742

SENATE

Per the Constitution of the State of Georgia, Article III, Section VI, the state Senate

shall have the power to make all laws.

Total Funds

$5,992,559

State Funds

$5,992,559

State General Funds

$5,992,559

SENATE BUDGET OFFICE

The purpose of this program is to provide budget development and evaluation

expertise to the State Senate.

Total Funds

$569,599

State Funds

$569,599

State General Funds

$569,599

Section 2: Georgia House of Representatives Total Funds Non State Funds State Funds
State General Funds Intra-State Agency Funds

$15,038,354 $0
$15,038,354 $15,038,354
$0

CLERK OF THE HOUSE'S OFFICE

Total Funds

$0

State Funds

$0

State General Funds

$0

THURSDAY, FEBRUARY 17, 2005

693

HOUSE OF REPRESENTATIVES

Per the Constitution of the State of Georgia, Article III, Section VI, the state House

of Representatives shall have the power to make all laws.

Total Funds

$15,038,354

State Funds

$15,038,354

State General Funds

$15,038,354

SPEAKER OF THE HOUSE'S OFFICE

Total Funds

$0

State Funds

$0

State General Funds

$0

Section 3: Georgia General Assembly Joint Offices Total Funds Non State Funds State Funds
State General Funds Intra-State Agency Funds

$8,459,706 $0
$8,459,706 $8,459,706
$0

ANCILLARY ACTIVITIES

Per O.C.G.A. 28-4-2, the purpose of this program is to provide services for the

legislative branch of government.

Total Funds

$2,763,196

State Funds

$2,763,196

State General Funds

$2,763,196

BUDGETARY RESPONSIBILITY OVERSIGHT COMMITTEE Total Funds State Funds State General Funds

$180,115 $180,115 $180,115

LEGISLATIVE BUDGET OFFICE Total Funds State Funds State General Funds

$690,166 $690,166 $690,166

LEGISLATIVE FISCAL OFFICE

Per O.C.G.A. 28-4-6, the purpose of this program is to act as the bookkeeper-

comptroller for the legislative branch of government and shall maintain an account

of legislative expenditures and commitments.

Total Funds

$2,246,193

State Funds

$2,246,193

State General Funds

$2,246,193

694

JOURNAL OF THE HOUSE

OFFICE OF LEGISLATIVE COUNSEL

Per O.C.G.A. 28-4-3, the purpose of this program is to provide bill-drafting

services, advise and counsel members of the General Assembly.

Total Funds

$2,580,036

State Funds

$2,580,036

State General Funds

$2,580,036

Section 4: Audits and Accounts, Department of Total Funds Non State Funds State Funds
State General Funds Intra-State Agency Funds

$28,193,466 $0
$28,193,466 $28,193,466
$0

DEPARTMENTAL ADMINISTRATION

Per O.C.G.A. 50-6-1, the purpose of this program is to provide administrative

support to all departmental programs.

Total Funds

$28,193,466

Non-State Funds

$0

State Funds

$28,193,466

State General Funds

$28,193,466

Intra-State Agency Funds

$0

Section 5: Judicial Branch Total Funds Non State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$168,285,147 $3,057,046 $3,057,046
$165,228,101 $165,228,101
$0

COUNCIL OF JUVENILE COURT JUDGES

Per O.C.G.A. 15-11-19, the purpose of this program is to establish general policies

for the conduct of courts exercising jurisdiction over children and may promulgate

uniform rules and forms governing procedures and practices of the courts.

Total Funds

$1,410,096

Non-State Funds

$0

State Funds

$1,410,096

State General Funds

$1,410,096

Intra-State Agency Funds

$0

COURT OF APPEALS Per the Constitution of the State of Georgia, Article VI, Section V, Paragraph III,

THURSDAY, FEBRUARY 17, 2005

695

the purpose of this program is to the court of review and shall exercise appellate and

certiorari jurisdiction in all cases not reserved to the Supreme Court or conferred on

other courts by law.

Total Funds

$11,889,673

Non-State Funds

$90,000

Other Non-State Funds

$90,000

State Funds

$11,799,673

State General Funds

$11,799,673

Intra-State Agency Funds

$0

GEORGIA OFFICE OF DISPUTE RESOLUTION Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds

$355,628 $0
$355,628 $355,628
$0

INSTITUTE OF CONTINUING JUDICIAL EDUCATION Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds

$1,126,382 $0
$1,126,382 $1,126,382
$0

JUDICIAL COUNCIL

Per O.C.G.A. 15-5-24, the purpose of this program is to consult with and assist

judges, administrators, clerks of court, and other officers and employees of the court

pertaining to matters relating to court administration.

Total Funds

$16,356,425

Non-State Funds

$0

State Funds

$16,356,425

State General Funds

$16,356,425

Intra-State Agency Funds

$0

JUDICIAL QUALIFICATIONS COMMISSION

Per Paragraph VI, Section VII, of Article VI of the Constitution of the State of

Georgia, the purpose of this program is to discipline, remove, and cause involuntary

retirement of judges.

Total Funds

$253,951

Non-State Funds

$0

State Funds

$253,951

State General Funds

$253,951

Intra-State Agency Funds

$0

696

JOURNAL OF THE HOUSE

PAYMENTS TO COUNCIL OF SUPERIOR COURT CLERKS

Per O.C.G.A. 15-6-50.2(b), the purpose of this program is to effectuate the

constitutional and statutory responsibilities conferred upon it by law, to further the

improvement of the superior courts and the administration of justice, to assist the

superior court clerks throughout the state in the execution of their duties, and to

promote and assist in the training of superior court clerks.

Total Funds

$144,925

Non-State Funds

$0

State Funds

$144,925

State General Funds

$144,925

Intra-State Agency Funds

$0

PUBLIC DEFENDER STANDARDS COUNCIL

Per O.C.G.A. 17-12-1, the purpose of this program is to assure that adequate and

effective legal representation is provided, independently of political considerations

or private interests, to indigent persons who are entitled to representation under this

chapter.

Total Funds

$31,008,043

Non-State Funds

$1,200,000

Other Non-State Funds

$1,200,000

State Funds

$29,808,043

State General Funds

$29,808,043

Intra-State Agency Funds

$0

SUPERIOR COURT - DISTRICT ATTORNEYS Total Funds Non-State Funds Other Non-State Funds State Funds State General Funds Intra-State Agency Funds

$47,781,447 $1,767,046 $1,767,046
$46,014,401 $46,014,401
$0

SUPERIOR COURT - JUDGES Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds

$50,431,872 $0
$50,431,872 $50,431,872
$0

SUPREME COURT OF GEORGIA Per Paragraph II, Section VI, Article VI of the Constitution of the State of Georgia, the purpose of this program is to be a court of review and exercise exclusive appellate jurisdiction in the following cases: (1) All cases involving the

THURSDAY, FEBRUARY 17, 2005

697

construction of a treaty or of the Constitution of the State of Georgia or of the

United States and all cases in which the constitutionality of a law, ordinance, or

constitutional provision has been drawn in question; and (2) All cases of election

contest.

Total Funds

$7,526,705

Non-State Funds

$0

State Funds

$7,526,705

State General Funds

$7,526,705

Intra-State Agency Funds

$0

Section 6: Administrative Services, Department of Total Funds Non State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$187,015,020 $150,714,211 $150,714,211 $36,300,809 $36,300,809
$0

ADMINISTRATIVE HEARINGS, OFFICE OF STATE

Per O.C.G.A. 50-13-40, the purpose of this program is to provide an impartial,

independent forum for resolving disputes between the public and state agencies.

Total Funds

$4,299,014

Non-State Funds

$601,308

Other Non-State Funds

$601,308

State Funds

$3,697,706

State General Funds

$3,697,706

Intra-State Agency Funds

$0

BULK PAPER SALES

Per O.C.G.A. 50-5-51, the purpose of this program is to reduce cost through

aggregation of demand for paper in bulk quantities.

Total Funds

$2,682,946

Non-State Funds

$2,155,511

Other Non-State Funds

$2,155,511

State Funds

$527,435

State General Funds

$527,435

Intra-State Agency Funds

$0

DEPARTMENTAL ADMINISTRATION

Per O.C.G.A. 50-5-1, the purpose of this program is to provide administrative

support to all department programs.

Total Funds

$5,741,741

Non-State Funds

$2,574,058

698

JOURNAL OF THE HOUSE

Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$2,574,058 $3,167,683 $3,167,683
$0

FISCAL SERVICES

Per O.C.G.A. 50-13-40, the purpose of this program is to provide administrative

functions, services, and equipment necessary for the fulfillment of the

responsibilities of the superior courts, to provide pass-thru to appropriate

authorities, and to act as administrative managers of attached agencies.

Total Funds

$524,361

Non-State Funds

$270,944

Other Non-State Funds

$270,944

State Funds

$253,417

State General Funds

$253,417

Intra-State Agency Funds

$0

FLEET MANAGEMENT

Per O.C.G.A. 50-19-1, the purpose of this program is to reduce cost through

centralized, appropriate, and cost-effective management of the state's motor vehicle

fleet.

Total Funds

$2,198,220

Non-State Funds

$1,787,107

Other Non-State Funds

$1,787,107

State Funds

$411,113

State General Funds

$411,113

Intra-State Agency Funds

$0

MAIL AND COURIER

Per O.C.G.A. 50-5-51, the purpose of this program is to reduce cost through

aggregation of demand for Capitol Hill and metro area mail and package delivery

services.

Total Funds

$983,555

Non-State Funds

$983,555

Other Non-State Funds

$983,555

State Funds

$0

State General Funds

$0

Intra-State Agency Funds

$0

PAYMENTS TO GEORGIA BUILDING AUTHORITY Per O.C.G.A. 50-9-1, the purpose of this program is to purchase, erect, and maintain buildings and other facilities to house agents and officials of the state government.

THURSDAY, FEBRUARY 17, 2005

699

Total Funds Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$612,556 $0
$612,556 $612,556
$0

PAYMENTS TO GEORGIA TECHNOLOGY AUTHORITY

Per O.C.G.A. 50-25-1, the purpose of this program is to provide for procurement

of technology resources, technology enterprise management, and technology

portfolio management as defined in this chapter, as well as the centralized

marketing, provision, sale, and leasing, or execution of license agreements for

access online or in volume, of certain public information maintained in electronic

format to the public.

Total Funds

$18,714,112

Non-State Funds

$0

Other Non-State Funds

$0

State Funds

$18,714,112

State General Funds

$18,714,112

Intra-State Agency Funds

$0

PROPERTIES COMMISSION, STATE

Per O.C.G.A. 50-16-32, the purpose of this program is to assure the taxpayers of

Georgia that acquisitions and dispositions of state property are carried out in an

equitable, legal, ethical, and efficient manner.

Total Funds

$554,541

Non-State Funds

$0

State Funds

$554,541

State General Funds

$554,541

Intra-State Agency Funds

$0

RISK MANAGEMENT

Per O.C.G.A. 50-21-20, the purpose of this program is cost minimization and fair

treatment of citizens through effective claims management and appropriate

disposition of personal injury claims against the state or its employees.

Total Funds

$137,548,209

Non-State Funds

$137,548,209

Other Non-State Funds

$137,548,209

State Funds

$0

State General Funds

$0

Intra-State Agency Funds

$0

SERVICE CONTRACT MANAGEMENT Per O.C.G.A. 50-5-5, the purpose of this program is to provide customer cost

700

JOURNAL OF THE HOUSE

avoidance for service contracts through aggregation of demand, competitive

procurement, and contract management.

Total Funds

$134,316

Non-State Funds

$134,316

Other Non-State Funds

$134,316

State Funds

$0

State General Funds

$0

Intra-State Agency Funds

$0

SMALL AND MINORITY BUSINESS DEVELOPMENT

Per O.C.G.A. 50-5-120, the purpose of this program is guidance and support to

agencies in maximizing access to state business opportunities for small and minority

businesses.

Total Funds

$907,453

Non-State Funds

$20,244

Other Non-State Funds

$20,244

State Funds

$887,209

State General Funds

$887,209

Intra-State Agency Funds

$0

SPACE MANAGEMENT

Per O.C.G.A. 50-5-30, the purpose of this program is to help state government

meet its current need for office space and plan for future needs as business goals and

operations change. Space Management assists state government in defining space

requirements, locating appropriate space, and negotiating leases at reasonable

prices.

Total Funds

$371,055

Non-State Funds

$0

State Funds

$371,055

State General Funds

$371,055

Intra-State Agency Funds

$0

STATE PURCHASING

Per O.C.G.A. 50-5-67, the purpose of this program is to reduce cost and provide

fair and equitable access through open, structured competitive procurement.

Total Funds

$6,856,399

Non-State Funds

$153,060

Other Non-State Funds

$153,060

State Funds

$6,703,339

State General Funds

$6,703,339

Intra-State Agency Funds

$0

THURSDAY, FEBRUARY 17, 2005

701

SURPLUS PROPERTY

Per O.C.G.A. 50-5-140, the purpose of this program is to reduce cost through

maximization of the useful life of state-owned equipment.

Total Funds

$2,017,271

Non-State Funds

$2,017,271

Other Non-State Funds

$2,017,271

State Funds

$0

State General Funds

$0

Intra-State Agency Funds

$0

TREASURY AND FISCAL SERVICES, OFFICE OF

Per O.C.G.A. 50-5A-7, the purpose of this program is to receive and keep safely

all monies which shall from time to time be paid to the treasury of this state, and to

pay all warrants legally drawn on the treasury.

Total Funds

$2,706,612

Non-State Funds

$2,376,779

Other Non-State Funds

$2,376,779

State Funds

$329,833

State General Funds

$329,833

Intra-State Agency Funds

$0

U.S. POST OFFICE

Per O.C.G.A. 50-5-51, the purpose of this program is to provide convenient and

cost-effective postal services to agencies and individuals.

Total Funds

$162,659

Non-State Funds

$91,849

Other Non-State Funds

$91,849

State Funds

$70,810

State General Funds

$70,810

Intra-State Agency Funds

$0

Notwithstanding any provision of the law to the contrary, in managing any of the selfinsurance 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 7: Agriculture, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified

$48,485,924 $8,684,419 $7,027,377

702

JOURNAL OF THE HOUSE

Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$1,657,042 $39,801,505 $39,801,505
$0

CONSUMER PROTECTION

Per O.C.G.A. 26-2, the purpose of this program is to prevent, control and eradicate

certain infectious and communicable diseases of livestock.

Total Funds

$33,856,636

Non-State Funds

$7,561,782

Other Non-State Funds

$591,257

Federal Funds Not Specifically Identified

$6,970,525

State Funds

$26,294,854

State General Funds

$26,294,854

Intra-State Agency Funds

$0

DEPARTMENTAL ADMINISTRATION

Per O.C.G.A. 2-2-1, the purpose of this program is to provide administrative

support for all programs of the department.

Total Funds

$6,002,240

Non-State Funds

$249,456

Other Non-State Funds

$211,680

Federal Funds Not Specifically Identified

$37,776

State Funds

$5,752,784

State General Funds

$5,752,784

Intra-State Agency Funds

$0

MARKETING AND PROMOTION

Per O.C.G.A. 2-10-50, the purpose of this program is to expand sales of Georgia's

commodities from growers by promoting them domestically and internationally.

Total Funds

$8,627,048

Non-State Funds

$873,181

Other Non-State Funds

$854,105

Federal Funds Not Specifically Identified

$19,076

State Funds

$7,753,867

State General Funds

$7,753,867

Intra-State Agency Funds

$0

The Office of Planning and Budget is hereby authorized to transfer funds to the appropriate departmental programs in amounts equal to the departmental remittances to the Office of Treasury and Fiscal Services from agency fund collections.

Section 8: Banking and Finance, Department of Total Funds

$10,187,213

THURSDAY, FEBRUARY 17, 2005

703

Non State Funds State Funds
State General Funds Intra-State Agency Funds

$0 $10,187,213 $10,187,213
$0

CHARTERING, LICENSING AND APPLICATIONS/NON-MORTGAGE

ENTITIES

Per O.C.G.A. 7-1-3, the purpose of this program is to provide efficient and flexible

application, registration and notification procedures for financial institutions that are

in compliance with applicable laws, regulations and department policies.

Total Funds

$310,441

Non-State Funds

$0

State Funds

$310,441

State General Funds

$310,441

Intra-State Agency Funds

$0

CONSUMER PROTECTION AND ASSISTANCE

Per O.C.G.A. 7-1-3 and the Georgia Fair Lending Act, the purpose of this program

is to assist consumers with problems encountered when dealing with department-

regulated entities.

Total Funds

$384,393

Non-State Funds

$0

State Funds

$384,393

State General Funds

$384,393

Intra-State Agency Funds

$0

DEPARTMENTAL ADMINISTRATION

Per O.C.G.A. 7-1-30, the purpose of this program is to provide administrative

support to all department programs.

Total Funds

$1,678,112

Non-State Funds

$0

State Funds

$1,678,112

State General Funds

$1,678,112

Intra-State Agency Funds

$0

FINANCIAL INSTITUTION SUPERVISION

Per O.C.G.A. 7-1-60, the purpose of this program is to provide for safe and sound

operation of Georgia state-chartered financial institutions, and to protect the

interests of the depositors, creditors and shareholders of those institutions.

Total Funds

$6,073,755

Non-State Funds

$0

State Funds

$6,073,755

State General Funds

$6,073,755

Intra-State Agency Funds

$0

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JOURNAL OF THE HOUSE

MORTGAGE SUPERVISION

Per O.C.G.A. 7-1-1014, the purpose of this program is to protect consumers from

unfair, deceptive or fraudulent residential mortgage lending practices and enforce

applicable laws and regulations.

Total Funds

$1,740,512

Non-State Funds

$0

State Funds

$1,740,512

State General Funds

$1,740,512

Intra-State Agency Funds

$0

Section 9: Community Affairs, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds Tobacco Funds State General Funds Intra-State Agency Funds

$221,356,798 $145,605,440 $119,642,501 $25,962,939 $75,751,358 $47,123,333 $28,628,025
$0

BUILDING CONSTRUCTION

Per O.C.G.A. 8-2-20, the purpose of this program is to establish minimum building

construction standards for all new structures built in the state.

Total Funds

$446,404

Non-State Funds

$171,722

Other Non-State Funds

$171,722

State Funds

$274,682

State General Funds

$274,682

Intra-State Agency Funds

$0

COORDINATED PLANNING

Per O.C.G.A. 50-8-1, the purpose of this program is to give communities the

information, assistance, tools and funding needed to successfully implement

planning and quality growth solutions to enhance the quality of life.

Total Funds

$3,575,243

Non-State Funds

$0

State Funds

$3,575,243

State General Funds

$3,575,243

Intra-State Agency Funds

$0

DATA AND RESEARCH Per O.C.G.A. 36-81-8, O.C.G.A. 48-13-56, O.C.G.A. 36-82-10, O.C.G.A. 3688-9, O.C.G.A. 28-5-49, and O.C.G.A. 36-81-3, the purpose of this program is to

THURSDAY, FEBRUARY 17, 2005

705

conduct surveys and collect financial/management data from local governments and

authorities as directed by statute.

Total Funds

$633,706

Non-State Funds

$0

State Funds

$633,706

State General Funds

$633,706

Intra-State Agency Funds

$0

DCA PASS-THRU

Per O.C.G.A. 50-8-8(a), the department shall make grants or loans to eligible

recipients or qualified local governments, which grants or loans are specified by

amount, recipient, and purpose in an appropriation to the department.

$5,000 to the City of Milledgeville for operating expenses for Silver Haired

Legislature.

$25,000 to the City of Columbus for the Civil War Naval Museum.

Total Funds

$442,902

Non-State Funds

$0

State Funds

$442,902

State General Funds

$442,902

Intra-State Agency Funds

$0

DEPARTMENTAL ADMINISTRATION Total Funds Non-State Funds Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$4,142,175 $2,498,773 $2,476,773
$22,000 $1,643,402 $1,643,402
$0

ENVIRONMENTAL EDUCATION AND ASSISTANCE

Per O.C.G.A. 50-8-7, the purpose of this program is to provide technical

assistance, resource tools, and public education outreach resources.

Total Funds

$708,399

Non-State Funds

$0

State Funds

$708,399

State General Funds

$708,399

Intra-State Agency Funds

$0

FEDERAL COMMUNITY AND ECONOMIC DEVELOPMENT PROGRAMS Per O.C.G.A. 50-8-2, the purpose of this program is to administer incentive programs as well as provide technical assistance in the area of economic

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JOURNAL OF THE HOUSE

development to local governments, development authorities, and private for-profit

entities.

Total Funds

$38,201,865

Non-State Funds

$36,985,354

Other Non-State Funds

$0

Federal Funds Not Specifically Identified

$36,985,354

State Funds

$1,216,511

State General Funds

$1,216,511

Intra-State Agency Funds

$0

HOMEOWNERSHIP PROGRAMS

Per O.C.G.A. 50-8-8, the purpose of this program is to expand the supply of

standard affordable housing through rehabilitation, construction or down payment

assistance.

Total Funds

$4,014,155

Non-State Funds

$4,014,155

Other Non-State Funds

$4,014,155

Federal Funds Not Specifically Identified

$0

State Funds

$0

State General Funds

$0

Intra-State Agency Funds

$0

PAYMENTS TO GEORGIA ENVIRONMENTAL FACILITIES AUTHORITY
Total Funds Non-State Funds
Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$4,065,439 $3,790,439 $1,963,752 $1,826,687
$275,000 $275,000
$0

PAYMENTS TO GEORGIA MUSIC HALL OF FAME AUTHORITY

Per O.C.G.A. 12-3-522 the purpose of this program is to preserve Georgia's rich

musical heritage.

Total Funds

$1,229,057

Non-State Funds

$428,622

Other Non-State Funds

$428,622

State Funds

$800,435

State General Funds

$800,435

Intra-State Agency Funds

$0

PAYMENTS TO GEORGIA REGIONAL TRANSPORTATION AUTHORITY

THURSDAY, FEBRUARY 17, 2005

707

Total Funds Non-State Funds
Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$40,844,110 $36,509,425 $12,259,659 $24,249,766
$4,334,685 $4,334,685
$0

PAYMENTS TO GEORGIA SPORTS HALL OF FAME AUTHORITY

Per O.C.G.A. 12-3-562, the purpose of this program is to preserve and interpret the

history of sports in Georgia.

Total Funds

$933,920

Non-State Funds

$217,187

Other Non-State Funds

$217,187

State Funds

$716,733

State General Funds

$716,733

Intra-State Agency Funds

$0

PAYMENTS TO ONEGEORGIA AUTHORITY

Per O.C.G.A 50-34-6, the purpose of this program is to promote the development

and / or retention of jobs in rural and distressed areas of Georgia.

Total Funds

$47,385,364

Non-State Funds

$262,031

Other Non-State Funds

$262,031

State Funds

$47,123,333

Tobacco Funds

$47,123,333

State General Funds

$0

Intra-State Agency Funds

$0

REGIONAL SERVICES

Per O.C.G.A. 50-8-32, the purpose of this program is to assist in the marketing,

development, and implementation of housing, community and economic

development projects and services.

Total Funds

$1,538,482

Non-State Funds

$0

State Funds

$1,538,482

State General Funds

$1,538,482

Intra-State Agency Funds

$0

RENTAL HOUSING PROGRAMS Per O.C.G.A. 50-26-2, the purpose of this program is to allocate federal and state housing credits on a competitive and non-competitive basis and HOME funds on a competitive basis.

708

JOURNAL OF THE HOUSE

Total Funds Non-State Funds
Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$62,665,992 $59,543,386
$2,996,579 $56,546,807
$3,122,606 $3,122,606
$0

SPECIAL HOUSING INITIATIVES

Per O.C.G.A. 50-26-2, the purpose of this program is to provide affordable

housing that builds strong communities for Georgians.

Total Funds

$3,951,209

Non-State Funds

$1,172,459

Other Non-State Funds

$1,172,459

Federal Funds Not Specifically Identified

$0

State Funds

$2,778,750

State General Funds

$2,778,750

Intra-State Agency Funds

$0

STATE COMMUNITY DEVELOPMENT PROGRAMS

Per O.C.G.A. 50-8-190, the purpose of this program is to assist Georgia cities,

small towns and neighborhoods in the development of their core commercial areas.

Total Funds

$1,167,790

Non-State Funds

$0

State Funds

$1,167,790

State General Funds

$1,167,790

Intra-State Agency Funds

$0

STATE ECONOMIC DEVELOPMENT PROGRAM

Per O.C.G.A. 50-8-190, the purpose of this program is to facilitate and stimulate

economic activity, private investment, and job creation by various means including

making loans and grants.

Total Funds

$5,410,586

Non-State Funds

$11,887

Federal Funds Not Specifically Identified

$11,887

State Funds

$5,398,699

State General Funds

$5,398,699

Intra-State Agency Funds

$0

Section 10: Community Health, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified

$9,117,504,946 $6,973,195,035 $4,268,788,122

THURSDAY, FEBRUARY 17, 2005

709

Other Non-State Funds State Funds
Tobacco Funds State General Funds Intra-State Agency Funds

$2,704,406,913 $2,144,309,911
$58,087,386 $2,086,222,525
$0

DEPARTMENTAL ADMINISTRATION

Per O.C.G.A. 31-1-1 and Title XIX of the Social Security Act, the purpose of this

program is to provide administrative support to all departmental programs.

Total Funds

$21,708,670

Non-State Funds

$12,380,148

Other Non-State Funds

$1,007,851

Federal Funds Not Specifically Identified

$11,372,297

State Funds

$9,328,522

State General Funds

$9,328,522

Intra-State Agency Funds

$0

HEALTH CARE ACCESS AND IMPROVEMENT

Per O.C.G.A. 33-20B-1 through 33-20B-6 and Rural Health program created by

Governor's Executive Order. Federal: 42 USC 254b, the purpose of this program is

to improve the health, wellness and access to healthcare for Georgians.

Total Funds

$3,759,666

Non-State Funds

$643,890

Federal Funds Not Specifically Identified

$643,890

State Funds

$3,115,776

State General Funds

$3,115,776

Intra-State Agency Funds

$0

HEALTH CARE REGULATION AND LICENSING

Per O.C.G.A. 31-6-1, the purpose of this program is to ensure that adequate

healthcare services and facilities are developed in an orderly and economical

manner.

Total Funds

$3,797,281

Non-State Funds

$316,696

Other Non-State Funds

$100,000

Federal Funds Not Specifically Identified

$216,696

State Funds

$3,480,585

State General Funds

$3,480,585

Intra-State Agency Funds

$0

INDIGENT CARE TRUST FUND Per O.C.G.A. 31-8-152 and Title XIX of the federal Social Security Act, the purpose of this program is to expand Medicaid eligibility and services; support rural

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JOURNAL OF THE HOUSE

and other healthcare providers, primarily hospitals, that serve the medically indigent; and fund primary health care programs for medically indigent Georgians.

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.

Total Funds

$640,876,266

Non-State Funds

$531,018,841

Other Non-State Funds

$148,828,880

Federal Funds Not Specifically Identified

$382,189,961

State Funds

$109,857,425

State General Funds

$109,857,425

Intra-State Agency Funds

$0

MEDICAID

Per O.C.G.A. 49-4-140 and Title XIX of the federal Social Security Act, the

purpose of this program is to provide healthcare access primarily to low-income and

disabled individuals.

Total Funds

$6,070,224,020

Non-State Funds

$4,204,855,794

Other Non-State Funds

$537,480,875

Federal Funds Not Specifically Identified

$3,667,374,919

State Funds

$1,865,368,226

Tobacco Funds

$53,116,681

State General Funds

$1,812,251,545

Intra-State Agency Funds

$0

MEDICAL EDUCATION BOARD, STATE Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds

$1,308,374 $0
$1,308,374 $1,308,374
$0

PEACHCARE

Per O.C.G.A. 49-5-273 and Title XXI of the Social Security Act, the purpose of

this program is to offer comprehensive health care for uninsured children living in

Georgia.

Total Funds

$286,720,420

Non-State Funds

$206,990,359

Federal Funds Not Specifically Identified

$206,990,359

State Funds

$79,730,061

THURSDAY, FEBRUARY 17, 2005

711

Tobacco Funds State General Funds Intra-State Agency Funds

$4,970,705 $74,759,356
$0

PHYSICIAN WORKFORCE, GEORGIA BOARD OF Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds

$38,164,234 $0
$38,164,234 $38,164,234
$0

STATE HEALTH BENEFIT PLAN

Per O.C.G.A. 45-18-2 the purpose of this program is to provide a healthcare

benefit that is competitive with other commercial benefit plans in quality of care,

access to providers and efficient management of provider fees. 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%.

Total Funds

$2,050,946,015

Non-State Funds

$2,016,989,307

Other Non-State Funds

$2,016,989,307

State Funds

$33,956,708

State General Funds

$33,956,708

Intra-State Agency Funds

$0

Section 11: Corrections, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds State General Funds Intra-State Agency Funds Indirect DOAS Funds

$916,917,384 $24,718,144 $3,461,794 $21,256,350
$891,749,240 $891,749,240
$450,000 $450,000

BAINBRIDGE PROBATION SUBSTANCE ABUSE TREATMENT

Per O.C.G.A. 9-14-40 and 1st, 6th, 8th and 14th Amendments to the U.S.

Constitution, the purpose of this program is to reduce recidivism by changing

criminal thinking and reducing criminal behavior, while providing constitutionally

mandated and legally required access.

Total Funds

$3,231,577

Non-State Funds

$27,789

Other Non-State Funds

$7,046

Federal Funds Not Specifically Identified

$20,743

712

JOURNAL OF THE HOUSE

State Funds State General Funds
Intra-State Agency Funds

$3,203,788 $3,203,788
$0

DEPARTMENTAL ADMINISTRATION Total Funds Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds Indirect DOAS Funding

$52,504,120 $1,836,000 $1,836,000
$50,218,120 $50,218,120
$450,000 $450,000

FOOD AND FARM OPERATIONS

Per O.C.G.A. 42-1 and Corrections Rules, Section 125, Chapters 1-4, the purpose

of this program is to raise crops and livestock, and produce dairy items used in

preparing meals for offenders.

Total Funds

$13,444,942

Non-State Funds

$231,725

Other Non-State Funds

$194,725

Federal Funds Not Specifically Identified

$37,000

State Funds

$13,213,217

State General Funds

$13,213,217

Intra-State Agency Funds

$0

HEALTH

Per O.C.G.A. 42-2-11 and 8th Amendment to the Constitution, the purpose of this

program is to provide the required constitutional level of health care to the inmates

of the correctional system in the most cost effective and humane manner possible.

Total Funds

$148,419,005

Non-State Funds

$8,464,209

Other Non-State Funds

$8,464,209

State Funds

$139,954,796

State General Funds

$139,954,796

Intra-State Agency Funds

$0

OFFENDER MANAGEMENT

Per O.C.G.A. 42-1-1 through 42-1-13, Board of Corrections Rules, Section 125,

Chapter 1-4, the purpose of this program is to provide cost effective correctional

services that ensure public safety.

Total Funds

$55,803,694

Non-State Funds

$0

State Funds

$55,803,694

THURSDAY, FEBRUARY 17, 2005

713

State General Funds Intra-State Agency Funds

$55,803,694 $0

PAROLE REVOCATION CENTERS

Per O.C.G.A. 42-5-57 and 1st Amendment of the US Constitution 14th

Amendment of the US Constitution, the purpose of this program is to ensure First

Amendment religious rights by providing pastoral services to offenders and staff.

Total Funds

$3,894,640

Non-State Funds

$59,648

Other Non-State Funds

$49,138

Federal Funds Not Specifically Identified

$10,510

State Funds

$3,834,992

State General Funds

$3,834,992

Intra-State Agency Funds

$0

PRIVATE PRISONS

Per O.C.G.A. 42-1-1 through 42-13-2 and Board of Corrections Rules, Section

125, Chapters 1-4, the purpose of this program is to provide cost effective

correctional services that ensure public safety.

Total Funds

$71,470,468

Non-State Funds

$0

State Funds

$71,470,468

State General Funds

$71,470,468

Intra-State Agency Funds

$0

PROBATION BOOT CAMPS

Per O.C.G.A. 42-8-35.1 and Board of Corrections Rules, Section 125, Chapters 1-

4, There is one Probation Boot Camp in Georgia, located at Scott State Prison. The

facility can house up to 160 male felons. Probationers may be sentenced directly to

the boot camp by the courts or as result of a revocation action. The camps are

highly structured with a military regimen. The purpose of this program is to

provide cost effective correctional services that ensure public safety.

Total Funds

$5,163,846

Non-State Funds

$199,624

Other Non-State Funds

$49,138

Federal Funds Not Specifically Identified

$150,486

State Funds

$4,964,222

State General Funds

$4,964,222

Intra-State Agency Funds

$0

PROBATION DETENTION CENTERS Per O.C.G.A. 42-8-35.4 and Board of Corrections Rules, Section 125, Chapter 1-4, the purpose of this program is to provide a sanctioning option for probationers who

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JOURNAL OF THE HOUSE

require more security or supervision than that provided by regular community

supervision or a diversion center, but may not qualify for a boot camp.

Total Funds

$41,965,660

Non-State Funds

$1,542,669

Other Non-State Funds

$1,110,882

Federal Funds Not Specifically Identified

$431,787

State Funds

$40,422,991

State General Funds

$40,422,991

Intra-State Agency Funds

$0

PROBATION DIVERSION CENTERS

Per O.C.G.A. 42-8-35.5 and Board of Corrections Rules, Section 125, Chapters 1-

4, the purpose of this program is to provide sentencing directly to a diversion center

or may be sent there as part of revocation of sentence modification.

Total Funds

$14,433,111

Non-State Funds

$3,188,692

Other Non-State Funds

$3,188,692

State Funds

$11,244,419

State General Funds

$11,244,419

Intra-State Agency Funds

$0

PROBATION SUPERVISION

Per O.C.G.A. 42-8-72, the purpose of this program is to supervise probationers.

Total Funds

$64,439,011

Non-State Funds

$0

State Funds

$64,439,011

State General Funds

$64,439,011

Intra-State Agency Funds

$0

STATE PRISONS

Per O.C.G.A. 42-1-13 and Board of Corrections Rules, Section 125, Chapter 1-4,

the purpose of this program is to house violent or repeat criminals, or nonviolent

inmates who have exhausted all other forms of punishment. Judges may sentence

offenders directly to prison or offenders may be sent to prison as a result of

revocation proceedings.

Total Funds

$420,572,274

Non-State Funds

$9,167,788

Other Non-State Funds

$8,192,520

Federal Funds Not Specifically Identified

$975,268

State Funds

$411,404,486

State General Funds

$411,404,486

Intra-State Agency Funds

$0

THURSDAY, FEBRUARY 17, 2005

715

TRANSITION CENTERS

Per O.C.G.A. 42 and Board of Corrections Rules, Section 125, Chapters 1-4, the

purpose of this program is to provide "work release", allowing the inmate to obtain

and maintain a paying job in the community while requiring him or her to conform

to the structure of the center.

Total Funds

$21,575,036

Non-State Funds

$0

State Funds

$21,575,036

State General Funds

$21,575,036

Intra-State Agency Funds

$0

Section 12: Defense, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds State General Funds Intra-State Agency Funds

$44,706,185 $36,740,911 $34,234,155
$2,506,756 $7,965,274 $7,965,274
$0

CIVIL SUPPORT

Per O.C.G.A. 38-2-23, the purpose of this program is to provide an all volunteer

force to augment Georgia's organized militia in the event of a federal force

mobilization.

Total Funds

$7,767,361

Non-State Funds

$4,810,886

Federal Funds Not Specifically Identified

$4,810,886

State Funds

$2,956,475

State General Funds

$2,956,475

Intra-State Agency Funds

$0

DEPARTMENTAL ADMINISTRATION

Per O.C.G.A. 38-2-130, the purpose of this program is to provide administration to

the organized militia in the State of Georgia.

Total Funds

$2,672,963

Non-State Funds

$237,883

Other Non-State Funds

$138,791

Federal Funds Not Specifically Identified

$99,092

State Funds

$2,435,080

State General Funds

$2,435,080

Intra-State Agency Funds

$0

FACILITIES MANAGEMENT Per O.C.G.A. 38-2-26, the purpose of this program is to provide and maintain

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JOURNAL OF THE HOUSE

administrative, flight and training facilities for the Ga. Air National Guard that

enhance readiness and are aesthetically pleasing within the community.

Total Funds

$33,802,959

Non-State Funds

$31,692,142

Other Non-State Funds

$2,367,965

Federal Funds Not Specifically Identified

$29,324,177

State Funds

$2,110,817

State General Funds

$2,110,817

Intra-State Agency Funds

$0

MILITARY READINESS

Per O.C.G.A. 38-2-24, the purpose of this program is to provide a trained and

ready military air force that can be activated and deployed at the direction of the

President or the Governor to insure the safety and well being of all citizens.

Total Funds

$462,902

Non-State Funds

$0

State Funds

$462,902

State General Funds

$462,902

Intra-State Agency Funds

$0

Section 13: Early Care and Learning, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds Lottery Funds State General Funds Intra-State Agency Funds

$369,825,145 $90,400,840 $88,639,639 $1,761,201
$279,424,305 $276,248,329
$3,175,976 $0

CHILD CARE REGULATION AND DEVELOPMENT

Per O.C.G.A. 20-1A-4, the purpose of this program is to guide and assist child care

learning facilities to provide safe, healthy, quality child care so that children

experience optimum opportunities for learning and growth.

Total Funds

$3,620,086

Non-State Funds

$444,110

Other Non-State Funds

$0

Federal Funds Not Specifically Identified

$444,110

State Funds

$3,175,976

State General Funds

$3,175,976

Intra-State Agency Funds

$0

THURSDAY, FEBRUARY 17, 2005

717

NUTRITION

Per O.C.G.A. 20-1A-4, the purpose of this program is to ensure that eligible

children and adults receive USDA compliant meals.

Total Funds

$88,000,835

Non-State Funds

$88,000,835

Federal Funds Not Specifically Identified

$88,000,835

State Funds

$0

State General Funds

$0

Intra-State Agency Funds

$0

PRE-KINDERGARTEN PROGRAM

Per O.C.G.A. 20-1A-4, the purpose of this program is to provide funding for

providers who operate the Pre-K program.

Total Funds

$277,334,078

Non-State Funds

$1,085,749

Other Non-State Funds

$891,055

Federal Funds Not Specifically Identified

$194,694

State Funds

$276,248,329

Lottery Funds

$276,248,329

State General Funds

$0

Intra-State Agency Funds

$0

QUALITY INITIATIVES Total Funds Non-State Funds Other Non-State Funds

$870,146 $870,146 $870,146

Section 14: Economic Development, Department of Total Funds Non State Funds State Funds
State General Funds Intra-State Agency Funds

$25,806,981 $0
$25,806,981 $25,806,981
$0

COMMUNICATION, POLICY, AND RESEARCH DEVELOPMENT

Per O.C.G.A. 50-7-3, the purpose of this program is to use information to promote

and inform people and companies about Georgia, and assist communities in the

state in their promotional activities.

Total Funds

$1,086,574

Non-State Funds

$0

State Funds

$1,086,574

State General Funds

$1,086,574

Intra-State Agency Funds

$0

718

JOURNAL OF THE HOUSE

DEPARTMENTAL ADMINISTRATION Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds

$4,043,836 $0
$4,043,836 $4,043,836
$0

EXPORT ASSISTANCE/STATEWIDE OUTREACH

Per O.C.G.A. 50-7-3, the purpose of this program is to create or retain jobs by

developing international trade opportunities for Georgia exporters and potential

exporters that will increase their sales and employment.

Total Funds

$753,931

Non-State Funds

$0

State Funds

$753,931

State General Funds

$753,931

Intra-State Agency Funds

$0

FILM, MUSIC, AND VIDEO

Per O.C.G.A. 50-7-3, the purpose of this program is to increase industry awareness

of Georgia business opportunities, infrastructure resources, and natural resources as

it pertains to the film, video, and music industry.

Total Funds

$1,034,378

Non-State Funds

$0

State Funds

$1,034,378

State General Funds

$1,034,378

Intra-State Agency Funds

$0

INTERNATIONAL PROTOCOL

Per O.C.G.A. 50-7-1, the purpose of this program is to provide executive

leadership to assure a positive relationship between members of the Consular Corps

and the Governor and senior staff, appropriate state agency leaders, and community

leaders.

Total Funds

$195,978

Non-State Funds

$0

State Funds

$195,978

State General Funds

$195,978

Intra-State Agency Funds

$0

INTERNATIONAL TRADE DEVELOPMENT AND SPECIAL

Per O.C.G.A. 50-7-3, the purpose of this program is for marketing events and

activities designed to position Georgia as a key international business center and as

a source for quality products and services.

Total Funds

$1,080,295

THURSDAY, FEBRUARY 17, 2005

719

Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$0 $1,080,295 $1,080,295
$0

OFFICE OF SCIENCE AND TECHNOLOGY BUSINESS DEVELOPMENT

Per O.C.G.A. 50-7-3, the purpose of this program is to lead in the recruitment,

growth, and marketing of the life sciences and technology industries in and to

Georgia.

Total Funds

$1,551,526

Non-State Funds

$0

State Funds

$1,551,526

State General Funds

$1,551,526

Intra-State Agency Funds

$0

PRODUCT DEVELOPMENT

Per O.C.G.A. 50-7-3, the purpose of this program is to field agents, working with

local and regional communities to develop tourism products and programs

generating jobs, increased visitation, and expenditures.

Total Funds

$994,860

Non-State Funds

$0

State Funds

$994,860

State General Funds

$994,860

Intra-State Agency Funds

$0

RECRUITMENT, EXPANSION, AND RETENTION

Per O.C.G.A. 50-7-E1833, the purpose of this program is to expand and strengthen

Georgia's economy by recruiting domestic and international companies from outside

Georgia to the state.

Total Funds

$4,541,337

Non-State Funds

$0

State Funds

$4,541,337

State General Funds

$4,541,337

Intra-State Agency Funds

$0

REGIONAL EXISTING BUSINESS/ENTREPRENEURIAL

DEVELOPMENT

Per O.C.G.A. 50-7-3, the purpose of this program is to target Georgia's existing

business and industry to encourage new investment and job creation within each of

Georgia's regions, expand and strengthen Georgia's economy by recruiting

companies from out of state to come and build operating facilities.

Total Funds

$1,929,226

Non-State Funds

$0

720

JOURNAL OF THE HOUSE

State Funds State General Funds
Intra-State Agency Funds

$1,929,226 $1,929,226
$0

TOURISM MARKETING AND PROMOTION

Per O.C.G.A. 50-7-3, the purpose of this program is to attract visitors to Georgia

for leisure travel.

Total Funds

$6,299,459

Non-State Funds

$0

State Funds

$6,299,459

State General Funds

$6,299,459

Intra-State Agency Funds

$0

TOURISM SALES

Per O.C.G.A. 50-7-3, the purpose of this program is to provide travelers with

information about Georgia to encourage travel expenditures and visitation in the

state.

Total Funds

$2,295,581

Non-State Funds

$0

State Funds

$2,295,581

State General Funds

$2,295,581

Intra-State Agency Funds

$0

Section 15: Education, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds Other State Funds State General Funds Intra-State Agency Funds

$7,211,033,524 $1,153,659,899 $1,111,268,592
$42,391,307 $6,057,373,625
$105,870,069 $5,951,503,556
$0

AGRICULTURE EDUCATION

Per O.C.G.A. 20-10-1, the purpose of this program is to provide students with

competencies to make them aware of the importance of the agricultural industry and

develop skills to prepare them for the world of work.

Total Funds

$8,355,551

Non-State Funds

$900,777

Other Non-State Funds

$450,000

Federal Funds Not Specifically Identified

$450,777

State Funds

$7,454,774

State General Funds

$7,454,774

THURSDAY, FEBRUARY 17, 2005

721

Intra-State Agency Funds

$0

ALTERNATIVE EDUCATION

Per O.C.G.A. 20-2-154 - the purpose of this program is to have each local school

system provide an Alternative Education Program for students who are disruptive

and need to be removed from the regular classroom setting.

Total Funds

$3,320,878

Non-State Funds

$2,000,255

Federal Funds Not Specifically Identified

$2,000,255

State Funds

$1,320,623

State General Funds

$1,320,623

Intra-State Agency Funds

$0

CENTRAL OFFICE

Per O.C.G.A. 20-2-11, the purpose of this program is to act as a service oriented

agency supporting local school districts.

Total Funds

$10,953,672

Non-State Funds

$1,834,214

Other Non-State Funds

$1,062,874

Federal Funds Not Specifically Identified

$771,340

State Funds

$9,119,458

State General Funds

$9,119,458

Intra-State Agency Funds

$0

CORE K-12

Per O.C.G.A. 20-2-260, the purpose of this program is to provide funds to school

systems for the instruction of students in grades K-12 to ensure that Georgia's K-12

students are academically prepared for further education and the workplace.

Total Funds

$5,901,435,400

Non-State Funds

$400,992,394

Federal Funds Not Specifically Identified

$400,992,394

State Funds

$5,500,443,006

Other State Funds

$105,870,069

State General Funds

$5,394,572,937

Intra-State Agency Funds

$0

CURRICULUM DEVELOPMENT Total Funds Non-State Funds Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds

$93,095,203 $59,704,055
$0 $59,704,055 $33,391,148 $33,391,148

722

JOURNAL OF THE HOUSE

Intra-State Agency Funds

$0

DATA COLLECTION AND TECHNICAL SERVICES

Per O.C.G.A. 20-14-9, the purpose of this program is primarily responsible for the

collection and reporting of accurate data through the development and maintenance

of web-enabled applications.

Total Funds

$23,382,471

Non-State Funds

$9,035,620

Other Non-State Funds

$5,747,870

Federal Funds Not Specifically Identified

$3,287,750

State Funds

$14,346,851

State General Funds

$14,346,851

Intra-State Agency Funds

$0

HEALTH AND NUTRITION

Per O.C.G.A. 20-2-187 and SBOE Rule 160-5-6-01, the purpose of this program is

to provide leadership, training, technical assistance, and resources, so local program

personnel can deliver meals that support nutritional well-being and performance at

school.

Total Funds

$257,745,074

Non-State Funds

$222,323,121

Other Non-State Funds

$30,053,011

Federal Funds Not Specifically Identified

$192,270,110

State Funds

$35,421,953

State General Funds

$35,421,953

Intra-State Agency Funds

$0

LIMITED ENGLISH PROFICIENCY

Per O.C.G.A. 20-2-156, Title III under No Child Left Behind (NCLB) of 2001, the

purpose of this program is to integrate Title III and state QBE funds to have

students succeed in language skills both socially and academically.

Total Funds

$11,200,380

Non-State Funds

$11,200,380

Federal Funds Not Specifically Identified

$11,200,380

State Funds

$0

State General Funds

$0

Intra-State Agency Funds

$0

PASS THROUGH FUNDS

Per O.C.G.A. 20-2-918 and O.C.G.A. 20-2-151, the purpose of this program is to

provide health insurance to retired teachers and non certified personnel and to pass

through funding via a contract.

Total Funds

$132,223,517

THURSDAY, FEBRUARY 17, 2005

723

Non-State Funds Federal Funds Not Specifically Identified
State Funds State General Funds
Intra-State Agency Funds

$18,888,697 $18,888,697 $113,334,820 $113,334,820
$0

REGIONAL EDUCATION SERVICE AGENCIES (RESA)

Per O.C.G.A. 20-2-270, the purpose of this program is to provide Georgia's 16

Regional Education Service Agencies with shared services to improve the

effectiveness of educational programs and services to local school systems.

Total Funds

$11,183,730

Non-State Funds

$0

State Funds

$11,183,730

State General Funds

$11,183,730

Intra-State Agency Funds

$0

SCHOOL IMPROVEMENT

Per O.C.G.A. 20-14-41 and Title F of No Child Left Behind Act of 2001 (NCLB),

the purpose of this program is to provide federal financial incentives for schools to

develop comprehensive school reforms, based on research and best practices.

Total Funds

$50,002,463

Non-State Funds

$35,640,695

Other Non-State Funds

$100,000

Federal Funds Not Specifically Identified

$35,540,695

State Funds

$14,361,768

State General Funds

$14,361,768

Intra-State Agency Funds

$0

SCHOOL LEADERSHIP

Per O.C.G.A. 20-2-231, the purpose of this program is to provide opportunities for

public school leadership personnel to update and expand their leadership knowledge

and skills.

Total Funds

$5,361,125

Non-State Funds

$0

State Funds

$5,361,125

State General Funds

$5,361,125

Intra-State Agency Funds

$0

SPECIAL EDUCATION

Per O.C.G.A. 20-2-152, the purpose of this program is to provide statewide

services to parents and educators of students with disabilities.

Total Funds

$367,247,030

Non-State Funds

$279,146,320

724

JOURNAL OF THE HOUSE

Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$0 $279,146,320 $88,100,710 $88,100,710
$0

STAFF DEVELOPMENT Total Funds Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$83,087,743 $72,520,695 $72,520,695 $10,567,048 $10,567,048
$0

STATE SCHOOLS

Per O.C.G.A. 20-2-152, the purpose of this program is to address the special needs

of students who are blind, deaf and blind or deaf with additional disabilities.

Total Funds

$20,000,631

Non-State Funds

$967,985

Other Non-State Funds

$967,985

Federal Funds Not Specifically Identified

$0

State Funds

$19,032,646

State General Funds

$19,032,646

Intra-State Agency Funds

$0

STUDENT EXCELLENCE

Per O.C.G.A. 20-2-306, the purpose of this program is to provide intellectually

gifted and artistically talented students challenging and enriching educational

opportunities unavailable to them during the regular school year.

Total Funds

$2,603,743

Non-State Funds

$1,212,000

Federal Funds Not Specifically Identified

$1,212,000

State Funds

$1,391,743

State General Funds

$1,391,743

Intra-State Agency Funds

$0

TECHNOLOGY CAREER EDUCATION

Per O.C.G.A. 20-2-151 and Carl D. Perkins Vocational and Technical Education

Act of 1998, the purpose of this program is to equip students with academic,

technical and leadership skills.

Total Funds

$43,731,566

Non-State Funds

$27,197,515

Other Non-State Funds

$4,009,567

THURSDAY, FEBRUARY 17, 2005

725

Federal Funds Not Specifically Identified State Funds
State General Funds Intra-State Agency Funds

$23,187,948 $16,534,051 $16,534,051
$0

TESTING

Per O.C.G.A. 20-2-281, the purpose of this program is to adopt a student

assessment program consisting of instruments, procedures, and policies necessary to

implement the program.

Total Funds

$32,593,802

Non-State Funds

$10,095,176

Federal Funds Not Specifically Identified

$10,095,176

State Funds

$22,498,626

State General Funds

$22,498,626

Intra-State Agency Funds

$0

TRANSPORTATION AND FACILITIES Total Funds Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$153,509,545 $0 $0
$153,509,545 $153,509,545
$0

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 16: Employees' Retirement System of Georgia Total Funds Non State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$19,171,044 $16,859,697 $16,859,697
$2,311,347 $2,311,347
$0

DEPARTMENTAL ADMINISTRATION Total Funds Non-State Funds Other Non-State Funds State Funds State General Funds Intra-State Agency Funds

$16,859,697 $16,859,697 $16,859,697
$0 $0 $0

726

JOURNAL OF THE HOUSE

GEORGIA MILITARY PENSION FUND

Per O.C.G.A. 47-24-20, the purpose of this program is to provide retirement

allowances and other benefits for members of the Georgia National Guard.

Total Funds

$890,651

Non-State Funds

$0

State Funds

$890,651

State General Funds

$890,651

Intra-State Agency Funds

$0

PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM

Per O.C.G.A. 47-4-1, the purpose of this program is to account for the receipt of

retirement contributions, to ensure sound investing of system funds, and timely and

accurate payment of retirement benefits.

Total Funds

$1,420,696

Non-State Funds

$0

State Funds

$1,420,696

State General Funds

$1,420,696

Intra-State Agency Funds

$0

Section 17: Forestry Commission, State Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds State General Funds Intra-State Agency Funds

$37,837,566 $6,265,257 $822,000 $5,443,257
$31,572,309 $31,572,309
$0

DEPARTMENTAL ADMINISTRATION

Per O.C.G.A. 12-6-2, the purpose of this program is to administer work force

needs, handle purchasing, accounts receivable and payable, meet information

technology needs, and provide oversight that emphasizes customer values and

process innovation.

Total Funds

$3,256,703

Non-State Funds

$168,155

Other Non-State Funds

$168,155

State Funds

$3,088,548

State General Funds

$3,088,548

Intra-State Agency Funds

$0

FOREST MANAGEMENT Per O.C.G.A. 12-6-5 and Ga. L. 1955, pp. 309-314; Ga. Code 1981, Sec. 12-6-5, the purpose of this program is to survey 20% of permanently established forest

THURSDAY, FEBRUARY 17, 2005

727

survey plots annually to gather forest health and inventory data. Total Funds Non-State Funds Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$3,947,916 $1,179,500
$627,500 $552,000 $2,768,416 $2,768,416
$0

FOREST PROTECTION

Per O.C.G.A. 12-6-81 and Statutory Authorization -Ga. L. 1949, p. 937; Ga. Code

1981, Sec. 12-6-81 Ga L. 1925 p. 199; Ga. L., the purpose of this program is to

protect the public and forest resources.

Total Funds

$28,589,332

Non-State Funds

$2,876,611

Other Non-State Funds

$2,676,611

Federal Funds Not Specifically Identified

$200,000

State Funds

$25,712,721

State General Funds

$25,712,721

Intra-State Agency Funds

$0

TREE IMPROVEMENT Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds

$120,085 $0
$120,085 $120,085
$0

TREE SEEDLING NURSERY Total Funds Non-State Funds Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$1,923,530 $2,040,991 $1,970,991
$70,000 ($117,461) ($117,461)
$0

Section 18: Governor, Office of the Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds

$54,590,516 $6,478,896 $5,538,351 $940,545
$48,111,620

728

JOURNAL OF THE HOUSE

State General Funds Intra-State Agency Funds

$48,111,620 $0

ARTS, GEORGIA COUNCIL FOR THE Total Funds Non-State Funds Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$4,718,893 $664,093 $15,000 $649,093
$4,054,800 $4,054,800
$0

ATTACHED AGENCY ADMINISTRATION Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds

$2,198,654 $0
$2,198,654 $2,198,654
$0

BUDGET MANAGEMENT AND FISCAL POLICY Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds

$2,223,400 $0
$2,223,400 $2,223,400
$0

CHILD ADVOCATE, OFFICE OF THE Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds

$699,864 $0
$699,864 $699,864
$0

CONSUMER AFFAIRS, GOVERNOR'S OFFICE OF

There is hereby appropriated to the Office of the Governor the sum of $400,000 of

the monies 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 monies may be appropriated pursuant to Article 28.

Total Funds

$3,829,305

Non-State Funds

$617,689

Other Non-State Funds

$617,689

State Funds

$3,211,616

State General Funds

$3,211,616

THURSDAY, FEBRUARY 17, 2005
Intra-State Agency Funds
EMERGENCY MANAGEMENT AGENCY, GEORGIA Total Funds Non-State Funds Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds
EQUAL OPPORTUNITY, GEORGIA COMMISSION ON Total Funds Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds
OFFICE OF HOMELAND SECURITY Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds
OFFICE OF THE GOVERNOR Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds
OFFICE OF THE STATE INSPECTOR GENERAL Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds
OPB - ADMINISTRATION Total Funds State Funds

729
$0
$6,448,233 $4,431,967
$307,856 $4,124,111 $2,016,266 $2,016,266
$0
$1,088,874 $387,217 $387,217 $701,657 $701,657 $0
$611,273 $0
$611,273 $611,273
$0
$18,210,104 $0
$18,210,104 $18,210,104
$0
$804,076 $0
$804,076 $804,076
$0
$2,654,786 $2,654,786

730

JOURNAL OF THE HOUSE

State General Funds

$2,654,786

PLANNING AND EVALUATION Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds

$953,649 $0
$953,649 $953,649
$0

PROFESSIONAL STANDARDS COMMISSION, GEORGIA Total Funds Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$6,256,034 $111,930 $111,930
$6,144,104 $6,144,104
$0

RESEARCH AND MANAGEMENT Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds

$2,511,411 $0
$2,511,411 $2,511,411
$0

STUDENT ACHIEVEMENT, OFFICE OF Total Funds Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$1,381,960 $266,000 $266,000
$1,115,960 $1,115,960
$0

It is the intent of the General Assembly that of funds appropriated for the Governor's Emergency Fund, $9,700,000 is intended for relief in declared disasters.

Section 19: Human Resources, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds Tobacco Funds Other State Funds

$2,582,712,380 $1,206,989,592 $1,028,350,966
$178,638,626 $1,370,102,688
$44,766,104 $3,000,000

THURSDAY, FEBRUARY 17, 2005

731

State General Funds Intra-State Agency Funds
Indirect DOAS Funds

$1,322,336,584 $5,620,100 $5,620,100

ADOLESCENT HEALTH AND YOUTH DEVELOPMENT

Per O.C.G.A. 49-5-7 and Personal Responsibility and Work Opportunity Act,

1996, the purpose of this program is to prevent teenage pregnancy and out-of-

wedlock births and promote male responsibility.

Total Funds

$13,101,765

Non-State Funds

$9,781,842

Other Non-State Funds

$0

Federal Funds Not Specifically Identified

$9,781,842

State Funds

$3,319,923

State General Funds

$3,319,923

Intra-State Agency Funds

$0

ADOPTION SERVICES AND SUPPLEMENTS

Per O.C.G.A. 49-5-8; OCGA 19-8; OCGA 15-11; OCGA 39-4, the purpose of this

program is to support and facilitate the permanent placement of children in safe and

stable homes by providing financial assistance and supportive services.

Total Funds

$49,586,425

Non-State Funds

$21,819,516

Other Non-State Funds

$561,732

Federal Funds Not Specifically Identified

$21,257,784

State Funds

$27,766,909

State General Funds

$27,766,909

Intra-State Agency Funds

$0

ADULT PROTECTIVE SERVICES

Per O.C.G.A. 30-5-1, the purpose of this program is to protect disabled adults and

elder persons who are not residents of long term care facilities from situations of

domestic abuse, neglect and exploitation.

Total Funds

$14,167,078

Non-State Funds

$6,426,617

Other Non-State Funds

$0

Federal Funds Not Specifically Identified

$6,426,617

State Funds

$7,740,461

State General Funds

$7,740,461

Intra-State Agency Funds

$0

BRAIN AND SPINAL INJURY TRUST FUND Total Funds Non-State Funds

$3,000,000 $0

732

JOURNAL OF THE HOUSE

State Funds Other State Funds State General Funds
Intra-State Agency Funds

$3,000,000 $3,000,000
$0 $0

CANCER SCREENING AND PREVENTION

Per O.C.G.A. 31-15-2, the purpose of this program is to reduce the morbidity and

mortality from breast or cervical cancer.

Total Funds

$6,321,880

Non-State Funds

$0

State Funds

$6,321,880

Tobacco Funds

$2,928,988

State General Funds

$3,392,892

Intra-State Agency Funds

$0

CHILD CARE AND PARENT SERVICES

Per O.C.G.A. 20-1A-61 and the Child Care and Developmental Block Grant Act of

1990, the purpose of this program permits low income families to be self-reliant

while protecting the safety and well-being of their children by ensuring access to

child care.

Total Funds

$194,491,698

Non-State Funds

$137,129,668

Other Non-State Funds

$832,728

Federal Funds Not Specifically Identified

$136,296,940

State Funds

$57,362,030

State General Funds

$57,362,030

Intra-State Agency Funds

$0

CHILD FATALITY REVIEW PANEL

Per O.C.G.A. 19-15-0, the purpose of this program is to provide a confidential

forum for local child fatality review committees to determine manner and cause of

death and if the death was preventable.

Total Funds

$331,711

Non-State Funds

$0

State Funds

$331,711

State General Funds

$331,711

Intra-State Agency Funds

$0

CHILD PROTECTIVE SERVICES

Per O.C.G.A. 0-0-0 and Social Security Act of 1935; OCGA 19-5-8; OCGA 19-7-

5, the purpose of this statewide program investigates allegations of child abuse and

neglect; and provides services to protect the child and strengthen the family.

Total Funds

$135,067,622

THURSDAY, FEBRUARY 17, 2005

733

Non-State Funds Other Non-State Funds Federal Funds Not Specifically Identified
State Funds Tobacco Funds State General Funds
Intra-State Agency Funds

$80,713,573 $13,490,604 $67,222,969 $54,354,049
$2,069,048 $52,285,001
$0

CHILD SUPPORT ESTABLISHMENT COLLECTION AND

ENFORCEMENT

Per O.C.G.A. 19-11-38, the purpose of this program is to enforce parental

responsibility by paying financial support.

Total Funds

$68,606,255

Non-State Funds

$53,057,435

Other Non-State Funds

$9,060,828

Federal Funds Not Specifically Identified

$43,996,607

State Funds

$15,548,820

State General Funds

$15,548,820

Intra-State Agency Funds

$0

CHILDREN WITH SPECIAL NEEDS

Per O.C.G.A. 31-1-3 and Part C of the Individuals with Disabilities Education Act,

the purpose of this program is to promote the optimal functioning of infants and

toddlers with developmental delays or disabilities.

Total Funds

$30,933,014

Non-State Funds

$10,047,731

Other Non-State Funds

$0

Federal Funds Not Specifically Identified

$10,047,731

State Funds

$20,885,283

State General Funds

$20,885,283

Intra-State Agency Funds

$0

CHILDREN'S TRUST FUND COMMISSION

***Per O.C.G.A. 19-14-1, the purpose of this program is to support the

establishment of community-based educational and service programs designed to

reduce the occurrence of child abuse and neglect

Total Funds

$7,380,309

Non-State Funds

$0

State Funds

$7,380,309

Tobacco Funds

$1,272,170

State General Funds

$6,108,139

Intra-State Agency Funds

$0

734

JOURNAL OF THE HOUSE

CHRONIC DISEASE REDUCTION - HEALTH PROMOTION

Per O.C.G.A. 31-2-1, the purpose of this program is to provide education and

health promotion related to chronic diseases.

Total Funds

$1,515,586

Non-State Funds

$0

State Funds

$1,515,586

Tobacco Funds

$1,340,644

State General Funds

$174,942

Intra-State Agency Funds

$0

CHRONIC DISEASE TREATMENT AND CONTROL

Per O.C.G.A. 31-15-1, the purpose of this program is to reduce the morbidity and

mortality of cancer among low-income uninsured or underinsured Georgians.

Total Funds

$9,239,598

Non-State Funds

$1,210,877

Federal Funds Not Specifically Identified

$1,210,877

State Funds

$8,028,721

Tobacco Funds

$3,547,455

State General Funds

$4,481,266

Intra-State Agency Funds

$0

COMMUNITY CARE SERVICES PROGRAM

Per O.C.G.A. 49-6-60, the purpose of this program is to provide Georgians who

need nursing home level of care the option of remaining in their own communities.

Total Funds

$58,992,558

Non-State Funds

$10,108,531

Federal Funds Not Specifically Identified

$10,108,531

State Funds

$48,884,027

Tobacco Funds

$4,191,806

State General Funds

$44,692,221

Intra-State Agency Funds

$0

COMMUNITY SERVICES - ADULT

Per O.C.G.A. 37-1-20, the purpose of this program is to promote improved

functioning, living independently in the community as well as avoiding

hospitalization by abstinence from alcohol and other substance abuse.

Total Funds

$390,747,182

Non-State Funds

$89,725,872

Federal Funds Not Specifically Identified

$89,725,872

State Funds

$301,021,310

Tobacco Funds

$10,255,138

State General Funds

$290,766,172

Intra-State Agency Funds

$0

THURSDAY, FEBRUARY 17, 2005

735

COMMUNITY SERVICES - CHILD AND ADOLESCENT

Per O.C.G.A. 37-1-20, the purpose of this program is to assist adolescents with

addictive diseases in eliminating use or abuse of chemicals, and also provide those

with developmental disabilities or mental health issues the services to allow them to

live in the community.

Total Funds

$85,960,329

Non-State Funds

$16,058,632

Other Non-State Funds

$2

Federal Funds Not Specifically Identified

$16,058,630

State Funds

$69,901,697

State General Funds

$69,901,697

Intra-State Agency Funds

$0

CONTRACTED CLIENT TRANSPORTATION SERVICES

Per O.C.G.A. 37-1-2 and PL104-193, PL97-35, 5310(a)(2), the purpose of this

program is to provide essential transportation services in a safe efficient, responsive

manner.

Total Funds

$25,068,801

Non-State Funds

$20,921,876

Federal Funds Not Specifically Identified

$20,921,876

State Funds

$4,146,925

State General Funds

$4,146,925

Intra-State Agency Funds

$0

COUNCIL ON AGING Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds

$146,462 $0
$146,462 $146,462
$0

DEPARTMENTAL ADMINISTRATION

Per O.C.G.A. 49-2-1, the purpose of this program is to provide administration and

support for the Divisions and Operating Office in meeting the needs of the people.

Total Funds

$172,297,108

Non-State Funds

$76,484,744

Other Non-State Funds

$6,430,207

Federal Funds Not Specifically Identified

$70,054,537

State Funds

$90,750,427

Tobacco Funds

$582,713

State General Funds

$90,167,714

Intra-State Agency Funds

$5,061,937

Indirect DOAS Funding

$5,061,937

736

JOURNAL OF THE HOUSE

DEVELOPMENTAL DISABILITIES

Per O.C.G.A. 30-8-1 and United States Public Law 106-402, the purpose of this

program is to promote quality services and supports for people with developmental

disabilities and their families.

Total Funds

$2,271,780

Non-State Funds

$2,247,740

Federal Funds Not Specifically Identified

$2,247,740

State Funds

$24,040

State General Funds

$24,040

Intra-State Agency Funds

$0

ELDER ABUSE AND FRAUD PREVENTION

Per O.C.G.A. 49-6-2, the purpose of this program is to heighten awareness of

abuse of older individuals in community settings and to provide or facilitate access

to programs and services for victims.

Total Funds

$100,133

Non-State Funds

$95,389

Federal Funds Not Specifically Identified

$95,389

State Funds

$4,744

State General Funds

$4,744

Intra-State Agency Funds

$0

EMERGENCY PREPAREDNESS/BIOTERRORISM

Per O.C.G.A. 31-2-1, the purpose of this program is to prevent, detect, investigate,

and respond to bioterrorism, terrorism, and other public health emergencies to

prevent or reduce morbidity and mortality.

Total Funds

$2,566,602

Non-State Funds

$0

State Funds

$2,566,602

State General Funds

$2,566,602

Intra-State Agency Funds

$0

EMPLOYMENT SERVICES - MH/DD/AD

Total Funds

$0

Non-State Funds

$0

Federal Funds Not Specifically Identified

$0

State Funds

$0

State General Funds

$0

Intra-State Agency Funds

$0

ENERGY ASSISTANCE Per O.C.G.A. 46-1-5 and O.C.G.A. 49-4-1, the purpose of this program is to assist low-income households in meeting their immediate home energy needs.

THURSDAY, FEBRUARY 17, 2005

737

Total Funds Non-State Funds
Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$9,912,073 $9,177,256
$40,269 $9,136,987
$734,817 $734,817
$0

EPIDEMIOLOGY

Per O.C.G.A. 31-2-1, the purpose of this program is to monitor, investigate, and

describe the burden of disease, injury, and other events of public health concern in

Georgia.

Total Funds

$4,880,207

Non-State Funds

$359,240

Federal Funds Not Specifically Identified

$359,240

State Funds

$4,520,967

Tobacco Funds

$115,637

State General Funds

$4,405,330

Intra-State Agency Funds

$0

FAMILY CONNECTION

Per O.C.G.A. 49-2-1, the purpose of this program is to provide a statewide

network of county collaborative that work to improve conditions for children and

families.

Total Funds

$9,477,555

Non-State Funds

$275,000

Federal Funds Not Specifically Identified

$275,000

State Funds

$9,202,555

State General Funds

$9,202,555

Intra-State Agency Funds

$0

FAMILY VIOLENCE SERVICES

Per O.C.G.A. 19-13-20 and the Violence Against Women Act of 1994, the purpose

of this program is to provide safe shelter and related services for victims of family

violence and their dependents.

Total Funds

$4,375,161

Non-State Funds

$284,064

Other Non-State Funds

$3,617

Federal Funds Not Specifically Identified

$280,447

State Funds

$4,091,097

State General Funds

$4,091,097

Intra-State Agency Funds

$0

738

JOURNAL OF THE HOUSE

FATHERHOOD INITIATIVE Total Funds Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$120,000 $120,000 $120,000
$0 $0 $0

FOOD STAMP PROGRAM

Per O.C.G.A. 49-4-1, the purpose of this program is to promote the nutritional well

being of Georgia's low-income families and children.

Total Funds

$64,980,272

Non-State Funds

$42,176,511

Other Non-State Funds

$2,125,153

Federal Funds Not Specifically Identified

$40,051,358

State Funds

$22,803,761

State General Funds

$22,803,761

Intra-State Agency Funds

$0

HEALTH PROMOTION AND DISEASE PREVENTION (WELLNESS)

Per O.C.G.A. 49-6-60, the purpose of this program is to improve or maintain the

functional ability and the health status of elderly Georgians.

Total Funds

$480,015

Non-State Funds

$480,015

Federal Funds Not Specifically Identified

$480,015

State Funds

$0

State General Funds

$0

Intra-State Agency Funds

$0

HIGH RISK PREGNANT WOMEN AND INFANTS

Per O.C.G.A. 31-2-2, the purpose of this program is to ensure that low income

pregnant women receive comprehensive, quality, prenatal services as early as

possible in their pregnancy.

Total Funds

$5,055,227

Non-State Funds

$130,000

Federal Funds Not Specifically Identified

$130,000

State Funds

$4,925,227

State General Funds

$4,925,227

Intra-State Agency Funds

$0

HIV/AIDS Per Section 301(a) and 317(k) of the PHS Act, 42 USC, Sect.241, Ryan White Care Act 1990 (PL101-381), the purpose of this program is to provide treatment that

THURSDAY, FEBRUARY 17, 2005

739

addresses the unmet needs of Georgians with HIV disease. Total Funds Non-State Funds Federal Funds Not Specifically Identified State Funds Tobacco Funds State General Funds Intra-State Agency Funds

$24,112,094 $6,861,717 $6,861,717
$17,250,377 $1,226,667 $16,023,710
$0

HOME AND COMMUNITY BASED SERVICES

Per O.C.G.A. 49-6-60, the purpose of this program is to support and assist older

Georgians so that they may live in their homes and communities.

Total Funds

$48,103,638

Non-State Funds

$28,580,725

Federal Funds Not Specifically Identified

$28,580,725

State Funds

$19,522,913

Tobacco Funds

$3,808,586

State General Funds

$15,714,327

Intra-State Agency Funds

$0

IMMUNIZATION

Per O.C.G.A. 49-4-183, the purpose of this program is to provide immunization,

consultation, training, assessment, vaccines and technical assistance.

Total Funds

$17,452,300

Non-State Funds

$8,669,422

Federal Funds Not Specifically Identified

$8,669,422

State Funds

$8,782,878

State General Funds

$8,782,878

Intra-State Agency Funds

$0

INDEPENDENT AND TRANSITIONAL LIVING SERVICES

Per O.C.G.A. 49-5-8, O.C.G.A. 15-11, and O.C.G.A. 39-4-1, the purpose of this

program is to provide a systematic approach for transitioning eligible youth in foster

care.

Total Funds

$4,425,497

Non-State Funds

$3,834,910

Other Non-State Funds

$160,495

Federal Funds Not Specifically Identified

$3,674,415

State Funds

$590,587

State General Funds

$590,587

Intra-State Agency Funds

$0

740

JOURNAL OF THE HOUSE

INFANT AND CHILD HEALTH SERVICES

Per O.C.G.A. 31-12-6, the purpose of this program is to provide leadership and

resources to communities to improve the health and well being of infants and

children and their families.

Total Funds

$20,814,641

Non-State Funds

$5,960,145

Other Non-State Funds

$70,688

Federal Funds Not Specifically Identified

$5,889,457

State Funds

$14,854,496

Tobacco Funds

$2,000,000

State General Funds

$12,854,496

Intra-State Agency Funds

$0

INJURY PREVENTION

Per O.C.G.A. 31-2-1, the purpose of this program is to reduce injury-related

morbidity and mortality through building injury surveillance systems to guide data-

based decision making and strategic planning, building coalitions.

Total Funds

$255,988

Non-State Funds

$112,005

Federal Funds Not Specifically Identified

$112,005

State Funds

$143,983

State General Funds

$143,983

Intra-State Agency Funds

$0

LABORATORY SERVICES

Per O.C.G.A. 31-2-1, the purpose of this program is to provide clinical and

environmental testing necessary for public health programs, to assist in controlling

infectious diseases and to identify conditions such as metabolic diseases and

disorders.

Total Funds

$7,788,526

Non-State Funds

$150,000

Other Non-State Funds

$150,000

State Funds

$7,638,526

State General Funds

$7,638,526

Intra-State Agency Funds

$0

MEDICAID ELIGIBILITY DETERMINATION

Per O.C.G.A. 31-8-154 and O.C.G.A. 31-5A-4, and Title XIX of the Social

Security Act, the purpose of this program is to promote access to health care for low

income families, children, pregnant women, and persons with disabilities.

Total Funds

$57,330,683

Non-State Funds

$31,860,080

Other Non-State Funds

$1,709,341

THURSDAY, FEBRUARY 17, 2005

741

Federal Funds Not Specifically Identified State Funds
State General Funds Intra-State Agency Funds

$30,150,739 $25,470,603 $25,470,603
$0

OUT OF HOME CARE

Per O.C.G.A. 49-5-8, OCGA 15-11, OCGA 39-4, Title IV E, Title IV-B, the

purpose of this program is to provide safe and appropriate temporary substitute

homes for children.

Total Funds

$278,028,903

Non-State Funds

$130,729,957

Other Non-State Funds

$32,925,589

Federal Funds Not Specifically Identified

$97,804,368

State Funds

$147,298,946

State General Funds

$147,298,946

Intra-State Agency Funds

$0

OUTDOOR THERAPEUTIC PROGRAM

Per O.C.G.A. 37-1-20(b)(1), 37-1-20(b)(6), 37-1-20(b)(7), 37-1-2, 37-1-20(b)(10),

37-1-20(b)(13), 37-2-1, 37-2-9, the purpose of this program is to promote positive

changes in consumer's behavior in therapeutic wilderness settings.

Total Funds

$4,172,448

Non-State Funds

$940,692

Other Non-State Funds

$937,587

Federal Funds Not Specifically Identified

$3,105

State Funds

$3,231,756

State General Funds

$3,231,756

Intra-State Agency Funds

$0

POST ADOPTION SERVICES

Per O.C.G.A. 15-11-1, O.C.G.A. 19-4-1, and Social Security Act, the purpose of

this program is for clarification of adoption policies, procedures, and support

services to adopting families.

Total Funds

$2,808,630

Non-State Funds

$940,404

Federal Funds Not Specifically Identified

$940,404

State Funds

$1,868,226

State General Funds

$1,868,226

Intra-State Agency Funds

$0

PRE-ADOPTION SERVICES Per O.C.G.A. 49-5-1, O.C.G.A. 19-8-1, O.C.G.A. 15-11-1, and O.C.G.A. 39-41, the purpose of this program is to provide services that ensure the safe and

742

JOURNAL OF THE HOUSE

appropriate placement of adoptable children. Total Funds Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$5,374,713 $1,872,356 $1,872,356 $3,502,357 $3,502,357
$0

REFUGEE HEALTH PROGRAM Total Funds Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$4,227,866 $116,144 $116,144
$4,111,722 $4,111,722
$0

REFUGEE RESETTLEMENT

Per O.C.G.A. 49-4-1 and the Refugee Assistance Act of 1980, the purpose of this

program is to help refugees establish a new life that is founded on the dignity of

economic self-support.

Total Funds

$3,679,539

Non-State Funds

$3,183,568

Other Non-State Funds

$80,538

Federal Funds Not Specifically Identified

$3,103,030

State Funds

$495,971

State General Funds

$495,971

Intra-State Agency Funds

$0

REGULATORY COMPLIANCE

Per O.C.G.A. 49-5-8, the purpose of this program is to protect children receiving

care outside of their own homes in child-caring institutions, outdoor therapeutic

programs and child-placing agencies through licensing activities and regular

inspections.

Total Funds

$32,044,875

Non-State Funds

$9,297,914

Other Non-State Funds

$515,075

Federal Funds Not Specifically Identified

$8,782,839

State Funds

$22,746,961

State General Funds

$22,746,961

Intra-State Agency Funds

$0

SEXUALLY TRANSMITTED DISEASES TREATMENT AND CONTROL Per O.C.G.A. 31-17-1, the purpose of this program is to prevent and reduce the

THURSDAY, FEBRUARY 17, 2005

743

spread of sexually transmitted diseases through education, case reporting, health

screening, partner notification and treatment.

Total Funds

$6,498,192

Non-State Funds

$2,275,587

Federal Funds Not Specifically Identified

$2,275,587

State Funds

$4,222,605

State General Funds

$4,222,605

Intra-State Agency Funds

$0

STATE HOSPITAL FACILITIES Total Funds Non-State Funds Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds Indirect DOAS Funding

$140,075,962 $14,845,956 $5,558,283 $9,287,673
$124,921,608 $124,921,608
$308,398 $308,398

STATE HOSPITAL FACILITIES - OTHER CARE

Per O.C.G.A. 37-2-1, the purpose of this program is to provide inpatient

psychiatric evaluation and treatment with an emphasis on stabilization and planning.

Total Funds

$170,917,028

Non-State Funds

$96,390,915

Other Non-State Funds

$95,638,518

Federal Funds Not Specifically Identified

$752,397

State Funds

$74,268,516

State General Funds

$74,268,516

Intra-State Agency Funds

$257,597

Indirect DOAS Funding

$257,597

STATE HOSPITAL FACILITIES - SPECIALTY CARE

Per O.C.G.A. 37-1-20, the purpose of this program is to provide education and

health promotion related to intentional and unintentional injuries.

Total Funds

$10,207,461

Non-State Funds

$5,561,336

Other Non-State Funds

$5,561,336

Federal Funds Not Specifically Identified

$0

State Funds

$4,653,957

State General Funds

$4,653,957

Intra-State Agency Funds

($7,832)

Indirect DOAS Funding

($7,832)

744

JOURNAL OF THE HOUSE

SUBSTANCE ABUSE PREVENTION

Per O.C.G.A. 20-2-142 and Elementary and Secondary Education Act, Title IV

Public Health Service Act, Title XIX, the purpose of this program is to promote the

health and well-being of families and communities through preventing the use

and/or abuse of substances.

Total Funds

$11,123,173

Non-State Funds

$10,565,806

Other Non-State Funds

$2

Federal Funds Not Specifically Identified

$10,565,804

State Funds

$557,367

State General Funds

$557,367

Intra-State Agency Funds

$0

SUPPORT FOR NEEDY FAMILIES Per O.C.G.A. 49-4-11 and Public Law 104-193, the purpose of this programs is to supply block grants for temporary assistance for needy families. All Temporary Assistance for Needy Families benefit payments are calculated utilizing a factor of 66.0% of the standards of need; such payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply: For an assistance group of one, the standards of need is $235, and the maximum monthly amount is $155. For an assistance group of two, the standards of need is $356, and the maximum monthly amount is $235. For an assistance group of three, the standards of need is $424, and the maximum monthly amount is $280. For an assistance group of four, the standards of need is $500, and the maximum monthly amount is $330. For an assistance group of five, the standards of need is $573, and the maximum monthly amount is $378. For an assistance group of six, the standards of need is $621, and the maximum monthly amount is $410. For an assistance group of seven, the standards of need is $672, and the maximum monthly amount is $444. For an assistance group of eight, the standards of need is $713, and the maximum monthly amount is $470. For an assistance group of nine, the standards of need is $751, and the maximum monthly amount is $496. For an assistance group of ten, the standards of need is $804, and the maximum monthly amount is $530. For an assistance group of eleven, the standards of need is $860, and the maximum monthly amount is $568.

THURSDAY, FEBRUARY 17, 2005

745

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.

Total Funds

$225,110,860

Non-State Funds

$148,516,568

Other Non-State Funds

$2,786,034

Federal Funds Not Specifically Identified

$145,730,534

State Funds

$76,594,292

State General Funds

$76,594,292

Intra-State Agency Funds

$0

TANF SERVICES-MHDDAD

Total Funds

$0

Non-State Funds

$0

Federal Funds Not Specifically Identified

$0

State Funds

$0

State General Funds

$0

Intra-State Agency Funds

$0

TOBACCO USE PREVENTION

Per O.C.G.A. 31-2-1, the purpose of this program is to reduce the number of youth

and adults who smoke, reduce exposure to secondhand smoke, and decrease the

occurrence of tobacco-related illness through prevention initiatives.

Total Funds

$11,427,252

Non-State Funds

$0

State Funds

$11,427,252

Tobacco Funds

$11,427,252

State General Funds

$0

Intra-State Agency Funds

$0

TUBERCULOSIS TREATMENT AND CONTROL

Per O.C.G.A. 31-2-4 and 31-14-12, the purpose of the Georgia Tuberculosis (TB)

Program is to control transmission, prevent illness and ensure treatment of disease

due to tuberculosis.

Total Funds

$8,842,446

Non-State Funds

$1,598,961

Federal Funds Not Specifically Identified

$1,598,961

State Funds

$7,243,485

State General Funds

$7,243,485

Intra-State Agency Funds

$0

VITAL RECORDS Per O.C.G.A. 31-10-2 and DHR Rules 290-1-3, the purpose of the Vital Records

746

JOURNAL OF THE HOUSE

program registers codes, enters, and archives all vital records and associated

documents (birth, death, fetal death induced termination of pregnancy, marriage).

Total Funds

$2,211,602

Non-State Funds

$280,782

Federal Funds Not Specifically Identified

$280,782

State Funds

$1,930,820

State General Funds

$1,930,820

Intra-State Agency Funds

$0

WOMEN, INFANTS AND CHILDREN - NUTRITION (WIC)

Per Section 17 of the Child Nutrition Act of 1966 as amended by P.L. 108-265 and

P.L. 103-314 as amended, the purpose of this program is an adjunct to prenatal and

postpartum care during critical periods of growth.

Total Funds

$84,956,963

Non-State Funds

$84,956,963

Federal Funds Not Specifically Identified

$84,956,963

State Funds

$0

State General Funds

$0

Intra-State Agency Funds

$0

WOMEN'S HEALTH SERVICES

Per O.C.G.A. 49-7-3 and Title X of the Public Health Service Act, the purpose of

this program is to reduce unintended pregnancies and improve the health of women,

the partners and infants.

Total Funds

$29,546,694

Non-State Funds

$20,054,550

Other Non-State Funds

$0

Federal Funds Not Specifically Identified

$20,054,550

State Funds

$9,492,144

State General Funds

$9,492,144

Intra-State Agency Funds

$0

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.

The Office of Planning and Budget is hereby authorized to transfer funds to the appropriate departmental programs in amounts equal to the departmental remittances to the Office of Treasury and Fiscal Services from agency fund collections.

Section 20: Insurance, Department of Total Funds

$17,210,748

THURSDAY, FEBRUARY 17, 2005

747

Non State Funds Federal Funds Not Specifically Identified Other Non-State Funds
State Funds State General Funds
Intra-State Agency Funds

$1,036,500 $954,555 $81,945
$16,174,248 $16,174,248
$0

DEPARTMENTAL ADMINISTRATION Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds

$2,068,054 $0
$2,068,054 $2,068,054
$0

ENFORCEMENT

Per O.C.G.A. 20-2-1, the purpose of this program is to provide legal advice and to

initiate legal proceedings with regard to enforcement of specific provisions of state

law relating to insurance, industrial loan, fire safety and fraud.

Total Funds

$713,465

Non-State Funds

$0

State Funds

$713,465

State General Funds

$713,465

Intra-State Agency Funds

$0

FIRE SAFETY

Per O.C.G.A. 25-2-2, the purpose of this program is to create a fire safe

environment in the state that protects the public from fire and limits the loss of lives

and property.

Total Funds

$5,847,557

Non-State Funds

$1,036,500

Other Non-State Funds

$81,945

Federal Funds Not Specifically Identified

$954,555

State Funds

$4,811,057

State General Funds

$4,811,057

Intra-State Agency Funds

$0

INDUSTRIAL LOAN

Per O.C.G.A. 7-3-1, the purpose of this program is to protect consumers by

licensing, regulating and examining finance companies that provide consumer loans

of $3,000 or less.

Total Funds

$589,453

Non-State Funds

$0

State Funds

$589,453

748

JOURNAL OF THE HOUSE

State General Funds Intra-State Agency Funds

$589,453 $0

INSURANCE REGULATION

Per O.C.G.A. 20-2-1, the purpose of this program is to ensure that licensed

insurance entities maintain solvency, comply with state law and adopted rules,

regulations and standards.

Total Funds

$5,338,458

Non-State Funds

$0

State Funds

$5,338,458

State General Funds

$5,338,458

Intra-State Agency Funds

$0

SPECIAL FRAUD

Per O.C.G.A. 33-1-17, the purpose of this program is to identify and take

appropriate action to deter insurance fraud.

Total Funds

$2,653,761

Non-State Funds

$0

State Funds

$2,653,761

State General Funds

$2,653,761

Intra-State Agency Funds

$0

Section 21: Investigation, Georgia Bureau of Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds State General Funds Intra-State Agency Funds

$94,147,150 $33,497,067 $28,825,629
$4,671,438 $60,650,083 $60,650,083
$0

CENTRALIZED SCIENTIFIC SERVICES

Per O.C.G.A. 40-6-392 and O.C.G.A. 45-16-20, the purpose of this program is to

provide analysis of illicit and licit drugs, unknown substances and fire debris

evidence.

Total Funds

$13,946,149

Non-State Funds

$0

State Funds

$13,946,149

State General Funds

$13,946,149

Intra-State Agency Funds

$0

CRIMINAL JUSTICE COORDINATING COUNCIL Total Funds

$33,803,201

THURSDAY, FEBRUARY 17, 2005

749

Non-State Funds Other Non-State Funds Federal Funds Not Specifically Identified
State Funds State General Funds
Intra-State Agency Funds

$33,497,067 $4,671,438 $28,825,629 $306,134 $306,134 $0

CRIMINAL JUSTICE INFORMATION SERVICES

Per O.C.G.A. 17-15-3 and OCGA, 35-3-34a1; OCGA, 35-3-35al; OCGA, 35-3-

33a1, the purpose of this program is to provide fingerprint identification and

processing of criminal history source documents to create and update criminal

history records.

Total Funds

$10,021,496

Non-State Funds

$0

State Funds

$10,021,496

State General Funds

$10,021,496

Intra-State Agency Funds

$0

DEPARTMENTAL ADMINISTRATION Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds

$6,075,422 $0
$6,075,422 $6,075,422
$0

FUGITIVE SQUADS

Total Funds

$0

Non-State Funds

$0

State Funds

$0

State General Funds

$0

Intra-State Agency Funds

$0

GEORGIA INFORMATION SHARING AND ANALYSIS CENTER

Per O.C.G.A. 35-3-63, the purpose of this program is to assist all officials and

agencies of the criminal justice system in the fulfillment of their varied

responsibilities on a statewide basis by providing round-the-clock access to needed

information.

Total Funds

$769,091

Non-State Funds

$0

State Funds

$769,091

State General Funds

$769,091

Intra-State Agency Funds

$0

750

JOURNAL OF THE HOUSE

REGIONAL FORENSIC SERVICES

Per O.C.G.A. 40-6-392 and O.C.G.A. 45-16-20, the purpose of this program is to

provide pathology services to determine cause and manner of death.

Total Funds

$6,985,122

Non-State Funds

$0

State Funds

$6,985,122

State General Funds

$6,985,122

Intra-State Agency Funds

$0

REGIONAL INVESTIGATIVE SERVICES

Per O.C.G.A. 35-3-4 and O.C.G.A. 35-3-8.1, the purpose of this program is to

identify, collect, preserve, and process evidence located during crime scene

examinations.

Total Funds

$19,647,817

Non-State Funds

$0

State Funds

$19,647,817

State General Funds

$19,647,817

Intra-State Agency Funds

$0

SPECIAL OPERATIONS UNIT

Per O.C.G.A. 35-3-4 and O.C.G.A. 35-3-8.1, the purpose of this program is to

render safe explosive devices of all types.

Total Funds

$675,326

Non-State Funds

$0

State Funds

$675,326

State General Funds

$675,326

Intra-State Agency Funds

$0

STATE HEALTHCARE FRAUD UNIT

Per a 1964 Executive Order and the Omnibus Budget Reconciliation Act of 1993,

Section 13625, the purpose of this program is to identify, arrest and prosecute

providers of health care services who defraud the Medicaid Program.

Total Funds

$1,079,429

Non-State Funds

$0

State Funds

$1,079,429

State General Funds

$1,079,429

Intra-State Agency Funds

$0

TASK FORCES

Per O.C.G.A. 35-3-8.1 and O.C.G.A. 35-3-4, the purpose of this program is to

provide the GBI supervisory support to twelve federally funded multi-jurisdictional

drug task forces.

Total Funds

$1,144,097

THURSDAY, FEBRUARY 17, 2005

751

Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$0 $1,144,097 $1,144,097
$0

Section 22: Juvenile Justice, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds State General Funds Intra-State Agency Funds Governor's Emergency Funds Indirect DOAS Funds

$288,003,586 $20,924,771 $2,553,800 $18,370,971
$267,078,815 $267,078,815
$0 $0 $0

CHILDREN AND YOUTH COORDINATING COUNCIL

Per O.C.G.A. 49-5-131, the purpose of this program is to assist local communities

in preventing and reducing juvenile delinquency.

Total Funds

$2,516,424

Non-State Funds

$1,721,744

Federal Funds Not Specifically Identified

$1,721,744

State Funds

$794,680

State General Funds

$794,680

Intra-State Agency Funds

$0

COMMUNITY SUPERVISION

Per O.C.G.A. 15-11-2 and O.C.G.A. 15-11-66, the purpose of this program

ensures consistent, integrated assessment and classification processes across

divisions of the agency that drive effective utilization of placements/beds/resources.

Total Funds

$40,278,443

Non-State Funds

$4,347,003

Other Non-State Funds

$4,347,003

State Funds

$35,931,440

State General Funds

$35,931,440

Intra-State Agency Funds

$0

DEPARTMENTAL ADMINISTRATION Total Funds Non-State Funds Other Non-State Funds State Funds State General Funds

$23,540,746 $198,219 $198,219
$23,342,527 $23,342,527

752

JOURNAL OF THE HOUSE

Intra-State Agency Funds

$0

NON-SECURE COMMITMENT

Per O.C.G.A. 49-5-3 and O.C.G.A. 15-11-41, the purpose of this program is case

management and supervision services provided to committed youth returning home

or to a community-based placement from DJJ institutions or other programs.

Total Funds

$49,825,901

Non-State Funds

$10,002,619

Other Non-State Funds

$10,002,619

State Funds

$39,823,282

State General Funds

$39,823,282

Intra-State Agency Funds

$0

NON-SECURE DETENTION

Per O.C.G.A. 15-11-46, the purpose of the program is to provide in home services

to youth to stabilize the family system pending further action by the court.

Total Funds

$7,928,049

Non-State Funds

$0

State Funds

$7,928,049

State General Funds

$7,928,049

Intra-State Agency Funds

$0

SECURE COMMITMENT

Per O.C.G.A. 49-5-3 and O.C.G.A. 15-11-41, the purpose of this program is to

protect the public, hold youth accountable for their actions, and improve the

academic, social, vocational, and behavioral competencies in the most effective

manner possible.

Total Funds

$83,129,809

Non-State Funds

$3,151,226

Other Non-State Funds

$2,319,170

Federal Funds Not Specifically Identified

$832,056

State Funds

$79,978,583

State General Funds

$79,978,583

Intra-State Agency Funds

$0

SECURE DETENTION Total Funds Non-State Funds Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$80,784,214 $1,503,960 $1,503,960 $0
$79,280,254 $79,280,254
$0

THURSDAY, FEBRUARY 17, 2005

753

Indirect DOAS Funding

$0

Governor's Emergency Funds

$0

Section 23: Labor, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds State General Funds Intra-State Agency Funds Indirect DOAS Funds

$351,309,940 $302,846,206 $259,961,987 $42,884,219 $48,313,734 $48,313,734
$150,000 $150,000

BUSINESS ENTERPRISE PROGRAM

Per O.C.G.A. 34-15-1 and 20 USC 107d.3(a), the purpose of this program is to

assist people who are blind in becoming successful contributors to the state's

economy.

Total Funds

$1,642,361

Non-State Funds

$1,306,520

Federal Funds Not Specifically Identified

$1,306,520

State Funds

$335,841

State General Funds

$335,841

Intra-State Agency Funds

$0

COMMISSION ON WOMEN

Per O.C.G.A. 50-12-80, the purpose of this program is to advance health,

education, economic, social and legal status of women in Georgia.

Total Funds

$93,172

Non-State Funds

$0

State Funds

$93,172

State General Funds

$93,172

Intra-State Agency Funds

$0

DEPARTMENT OF LABOR ADMINISTRATION Total Funds Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$14,275,557 $10,928,086 $10,928,086
$3,347,471 $3,347,471
$0

DISABILITY ADJUDICATION SECTION Per O.C.G.A. 34-15-2 and Social Security Act, Title II and Title XVI, the purpose

754

JOURNAL OF THE HOUSE

of this program is to efficiently process applications for federal disability programs

so that eligible Georgia citizens can obtain support.

Total Funds

$55,440,421

Non-State Funds

$55,440,421

Federal Funds Not Specifically Identified

$55,440,421

State Funds

$0

State General Funds

$0

Intra-State Agency Funds

$0

DIVISION OF REHABILITATION ADMINISTRATION Total Funds Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$4,072,678 $1,477,646 $1,477,646 $2,595,032 $2,595,032
$0

GEORGIA INDUSTRIES FOR THE BLIND

Per O.C.G.A. 30-2-1 and Javits-Wagner-O'Day Act, the purpose of this program is

to employ people who are blind in manufacturing and packaging facilities in

Bainbridge and Griffin.

Total Funds

$11,776,668

Non-State Funds

$11,099,375

Other Non-State Funds

$11,099,375

State Funds

$677,293

State General Funds

$677,293

Intra-State Agency Funds

$0

LABOR MARKET INFORMATION

Per O.C.G.A. 36-88-3 and Title III, Workforce Investment Act of 1998, (29 USC

1,2,2b,8,882,1601) the purpose of this program is to collect, analyze, and publish a

wide array of information about the state's labor market.

Total Funds

$2,885,453

Non-State Funds

$2,249,873

Federal Funds Not Specifically Identified

$2,249,873

State Funds

$635,580

State General Funds

$635,580

Intra-State Agency Funds

$0

ROOSEVELT WARM SPRINGS INSTITUTE

Per O.C.G.A. 34-15-2, the purpose of this program is to empower individuals with

disabilities to achieve personal independence.

Total Funds

$30,280,865

THURSDAY, FEBRUARY 17, 2005

755

Non-State Funds Other Non-State Funds Federal Funds Not Specifically Identified
State Funds State General Funds
Intra-State Agency Funds Indirect DOAS Funding

$24,152,271 $18,077,411
$6,074,860 $6,053,594 $6,053,594
$75,000 $75,000

SAFETY INSPECTIONS

Per O.C.G.A. 34-13-1 and O.C.G.A 34-10, 34-11, 34-12, the purpose of this

program is to promote and protect public safety, to provide training and information

on workplace exposure to hazardous chemicals, and to promote industrial safety.

Total Funds

$2,680,417

Non-State Funds

$168,552

Federal Funds Not Specifically Identified

$168,552

State Funds

$2,511,865

State General Funds

$2,511,865

Intra-State Agency Funds

$0

UNEMPLOYMENT INSURANCE

Per O.C.G.A. 34-8-1 and 26 USC 3301 et. seq.; 42 USC 501 et. seq., the purpose

of this program is to enhance Georgia's economic strength by collecting

unemployment insurance taxes from Georgia's employers.

Total Funds

$45,410,438

Non-State Funds

$36,506,512

Federal Funds Not Specifically Identified

$36,506,512

State Funds

$8,903,926

State General Funds

$8,903,926

Intra-State Agency Funds

$0

VOCATIONAL REHABILITATION PROGRAM

Per O.C.G.A. 34-15-2, the purpose of this program is to assist people with

disabilities so that the may go to work.

Total Funds

$85,490,956

Non-State Funds

$69,130,083

Other Non-State Funds

$3,306,216

Federal Funds Not Specifically Identified

$65,823,867

State Funds

$16,285,873

State General Funds

$16,285,873

Intra-State Agency Funds

$75,000

Indirect DOAS Funding

$75,000

WORKFORCE DEVELOPMENT Per O.C.G.A. 36-87-2 and Wagner-Peyser Act, as amended by the Workforce

756

JOURNAL OF THE HOUSE

Investment Act of 1998, the purpose of this program is to assist employers and job

seekers with job matching services and to promote economic growth and

development.

Total Funds

$97,260,954

Non-State Funds

$90,386,867

Other Non-State Funds

$10,401,217

Federal Funds Not Specifically Identified

$79,985,650

State Funds

$6,874,087

State General Funds

$6,874,087

Intra-State Agency Funds

$0

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 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.

The Office of Planning and Budget is hereby authorized to transfer funds to the appropriate departmental programs in amounts equal to the departmental remittances to the Office of Treasury and Fiscal Services from agency fund collections.

Section 24: Law, Department of Total Funds Non State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$35,112,280 $21,801,423 $21,801,423 $13,310,857 $13,310,857
$0

LAW, DEPARTMENT OF Per O.C.G.A. 45-15-30 and Article 5, Section 3 of the Constitution of the State of Georgia, the mission of the Department of Law is to serve the citizens of the State of Georgia by providing legal representation of the highest quality to the agencies, officers and employees of state government and by honorably and vigorously

THURSDAY, FEBRUARY 17, 2005

757

carrying out the constitutional and statutory responsibilities of the Attorney General.

Total Funds

$35,112,280

Non-State Funds

$21,801,423

Other Non-State Funds

$21,801,423

State Funds

$13,310,857

State General Funds

$13,310,857

Intra-State Agency Funds

$0

Section 25: State Merit System of Personnel Administration

Total Funds

$13,575,787

Non State Funds

$13,575,787

Other Non-State Funds

$13,575,787

State Funds

$0

State General Funds

$0

Intra-State Agency Funds

$0

DEPARTMENTAL ADMINISTRATION Total Funds Non-State Funds Other Non-State Funds State Funds State General Funds Intra-State Agency Funds

$3,907,530 $3,907,530 $3,907,530
$0 $0 $0

RECRUITMENT AND STAFFING SERVICES

Per O.C.G.A. 45-20-1, the purpose of this program is to provide a central point of

contact for the general public.

Total Funds

$1,307,371

Non-State Funds

$1,307,371

Other Non-State Funds

$1,307,371

State Funds

$0

State General Funds

$0

Intra-State Agency Funds

$0

TOTAL COMPENSATION AND REWARDS

Per O.C.G.A. 45-20-1 and Legal Authority continued: 45-21-1 et seq., the purpose

of this program is to ensure fair and consistent employee compensation practices

across state agencies.

Total Funds

$5,102,705

Non-State Funds

$5,102,705

Other Non-State Funds

$5,102,705

State Funds

$0

State General Funds

$0

758

JOURNAL OF THE HOUSE

Intra-State Agency Funds

$0

WORKFORCE DEVELOPMENT AND ALIGNMENT

Per O.C.G.A. 45-20-1, the purpose of this program is to provide continuous

opportunities for state employees to grow and develop professionally resulting in

increased productivity for state agencies and entities.

Total Funds

$3,258,181

Non-State Funds

$3,258,181

Other Non-State Funds

$3,258,181

State Funds

$0

State General Funds

$0

Intra-State Agency Funds

$0

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 26: Motor Vehicle Safety, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds State General Funds Intra-State Agency Funds Indirect DOAS Funds

$88,946,205 $9,693,893 $2,496,995 $7,196,898
$77,292,312 $77,292,312
$1,960,000 $1,960,000

COMMERCIAL VEHICLE AND HOV ENFORCEMENT

Per O.C.G.A. 40-16-2, the purpose of this program is to enforce high occupancy

vehicle lane regulations and commercial vehicles.

Total Funds

$13,340,855

Non-State Funds

$9,693,893

Other Non-State Funds

$7,196,898

Federal Funds Not Specifically Identified

$2,496,995

State Funds

$3,646,962

State General Funds

$3,646,962

Intra-State Agency Funds

$0

DEPARTMENTAL ADMINISTRATION

Per O.C.G.A. 40-20-1, the purpose of this program is for administration of license

issuance, motor vehicle registration, and commercial truck compliance.

Total Funds

$8,758,624

Non-State Funds

$0

THURSDAY, FEBRUARY 17, 2005

759

State Funds State General Funds
Intra-State Agency Funds

$8,758,624 $8,758,624
$0

LICENSE ISSUANCE

Per O.C.G.A. 40-5-20, the purpose of this program is for the issuance of Georgia

drivers license renewals through alternative methods.

Total Funds

$39,945,164

Non-State Funds

$0

State Funds

$38,965,164

State General Funds

$38,965,164

Intra-State Agency Funds

$980,000

Indirect DOAS Funding

$980,000

MOTORCYCLE SAFETY

Per O.C.G.A. 40-15-1, the purpose of this program is to maintain and improve

motorcycle safety.

Total Funds

$0

Non-State Funds

$0

State Funds

$0

State General Funds

$0

Intra-State Agency Funds

$0

SALVAGE INSPECTION

Per O.C.G.A. 40-3-37, the purpose of this program is for the inspection of rebuilt

salvage vehicles.

Total Funds

$1,638,290

Non-State Funds

$0

State Funds

$1,638,290

State General Funds

$1,638,290

Intra-State Agency Funds

$0

TAG AND TITLE REGISTRATION

Per O.C.G.A. 40-2-1, the purpose of this program is to establish motor vehicle

ownership.

Total Funds

$25,263,272

Non-State Funds

$0

State Funds

$24,283,272

State General Funds

$24,283,272

Intra-State Agency Funds

$980,000

Indirect DOAS Funding

$980,000

760

JOURNAL OF THE HOUSE

Section 27: Natural Resources, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds State General Funds Intra-State Agency Funds Indirect DOAS Funds

$200,081,273 $104,879,460
$20,808,782 $84,070,678 $95,001,813 $95,001,813
$200,000 $200,000

COASTAL RESOURCES Total Funds Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$2,316,707 $170,862 $170,862
$2,145,845 $2,145,845
$0

DEPARTMENTAL ADMINISTRATION Total Funds Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$8,202,079 $53,814 $53,814
$8,148,265 $8,148,265
$0

ENVIRONMENTAL PROTECTION Total Funds Non-State Funds Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$97,306,658 $66,242,272 $56,391,312
$9,850,960 $31,064,386 $31,064,386
$0

GEORGIA STATE GAMES COMMISSION

Per O.C.G.A. 50-12-41, the purpose of this program is to improve the physical

fitness of Georgians.

Total Funds

$407,213

Non-State Funds

$332,213

Other Non-State Funds

$332,213

State Funds

$75,000

State General Funds

$75,000

THURSDAY, FEBRUARY 17, 2005

761

Intra-State Agency Funds

$0

HISTORIC PRESERVATION

Per O.C.G.A. 12-3-53, the purpose of this program is to identify, protect and

preserve Georgia's historical sites for the enjoyment of present and future

generations.

Total Funds

$2,469,828

Non-State Funds

$490,000

Federal Funds Not Specifically Identified

$490,000

State Funds

$1,979,828

State General Funds

$1,979,828

Intra-State Agency Funds

$0

LAND CONSERVATION Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds

$410,213 $0
$410,213 $410,213
$0

PARKS, RECREATION AND HISTORIC SITES

Per O.C.G.A. 12-3-1, the purpose of this program is to increase the public

awareness of the opportunities at the state parks and historic sites throughout

Georgia.

Total Funds

$36,961,871

Non-State Funds

$19,502,815

Other Non-State Funds

$18,646,874

Federal Funds Not Specifically Identified

$855,941

State Funds

$17,359,056

State General Funds

$17,359,056

Intra-State Agency Funds

$100,000

Indirect DOAS Funding

$100,000

PAYMENTS TO GEORGIA AGRICULTURAL EXPOSITION AUTHORITY
Total Funds Non-State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$6,395,818 $4,801,458 $4,801,458 $1,594,360 $1,594,360
$0

762

JOURNAL OF THE HOUSE

PAYMENTS TO GEORGIA AGRIRAMA DEVELOPMENT AUTHORITY

Per O.C.G.A. 12-3-650, the purpose of this program is to collect, display, and

preserve material culture of Georgia's agriculture and rural history and present to

general public and school groups.

Total Funds

$1,244,990

Non-State Funds

$426,027

Other Non-State Funds

$426,027

State Funds

$818,963

State General Funds

$818,963

Intra-State Agency Funds

$0

PAYMENTS TO SOUTHWEST GEORGIA RAILROAD EXCURSION

AUTHORITY

Total Funds

$735,099

Non-State Funds

$351,631

Other Non-State Funds

$351,631

State Funds

$383,468

State General Funds

$383,468

Intra-State Agency Funds

$0

POLLUTION PREVENTION ASSISTANCE

Per O.C.G.A. 12-8-181, the purpose of this program is to reduce pollution in the

by providing non-regulatory assistance.

Total Funds

$931,472

Non-State Funds

$677,763

Other Non-State Funds

$603,913

Federal Funds Not Specifically Identified

$73,850

State Funds

$253,709

State General Funds

$253,709

Intra-State Agency Funds

$0

WILDLIFE RESOURCES Total Funds Non-State Funds Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds Indirect DOAS Funding

$42,699,325 $11,830,605
$2,517,250 $9,313,355 $30,768,720 $30,768,720
$100,000 $100,000

Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget

THURSDAY, FEBRUARY 17, 2005

763

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 "Atlanta 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 "Atlanta 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 28: Pardons and Paroles, State Board of Total Funds Non State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds Intra-State Agency Funds

$44,750,981 $492,150 $492,150
$44,258,831 $44,258,831
$0

CLEMENCY DECISIONS

Per O.C.G.A. 42-9-42, the purpose of this program is to comply with Georgia law

and Board policy.

Total Funds

$9,668,395

Non-State Funds

$0

State Funds

$9,668,395

State General Funds

$9,668,395

Intra-State Agency Funds

$0

DEPARTMENTAL ADMINISTRATION

Per O.C.G.A. 42-9-21, the purpose of this program is to provide support for the

agency.

Total Funds

$3,602,656

Non-State Funds

$0

State Funds

$3,602,656

State General Funds

$3,602,656

Intra-State Agency Funds

$0

764

JOURNAL OF THE HOUSE

PAROLE SUPERVISION

Per O.C.G.A. 42-9-0, the purpose of this program is for transitioning offenders

from prison back into the community as productive, law abiding citizens.

Total Funds

$31,479,930

Non-State Funds

$492,150

Federal Funds Not Specifically Identified

$492,150

State Funds

$30,987,780

State General Funds

$30,987,780

Intra-State Agency Funds

$0

Section 29: Public Safety, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds State General Funds Intra-State Agency Funds

$94,134,463 $7,952,445 $3,166,937 $4,785,508
$85,192,018 $85,192,018
$990,000

AVIATION

Per O.C.G.A. 35-2-32, the purpose of this program is to provide air support to the

Georgia State Patrol and other state, federal, and local agencies in support of public

safety interest for the citizens of Georgia.

Total Funds

$2,229,016

Non-State Funds

$0

State Funds

$2,229,016

State General Funds

$2,229,016

Intra-State Agency Funds

$0

CAPITOL POLICE SERVICES

Per O.C.G.A. 35-2-33, the purpose of this program is to protect life and property;

prevent and detect criminal acts, and enforce traffic regulations throughout Capitol

Hill.

Total Funds

$3,151,435

Non-State Funds

$3,151,435

Other Non-State Funds

$3,151,435

State Funds

$0

State General Funds

$0

Intra-State Agency Funds

$0

DEPARTMENTAL ADMINISTRATION Total Funds Non-State Funds

$9,231,015 $0

THURSDAY, FEBRUARY 17, 2005

765

State Funds State General Funds
Intra-State Agency Funds Indirect DOAS Funding

$8,241,015 $8,241,015
$990,000 $990,000

EXECUTIVE SECURITY SERVICES

Per O.C.G.A. 35-2-73, the purpose of this program is to provide facility security

for the Governor's Mansion and personal security for the residents; and to provide

continual security for the Governor, the Lieutenant Governor, the Speaker of the

House and their families.

Total Funds

$1,026,201

Non-State Funds

$0

State Funds

$1,026,201

State General Funds

$1,026,201

Intra-State Agency Funds

$0

FIELD OFFICES AND SERVICES

Per O.C.G.A. 35-2-32, the purpose the Criminal Interdiction Unit represents an

active statewide commitment to reduce drug trafficking in the State of Georgia by

networking with other state, federal and local law enforcement agencies.

Total Funds

$55,690,003

Non-State Funds

$0

State Funds

$55,690,003

State General Funds

$55,690,003

Intra-State Agency Funds

$0

Indirect DOAS Funding

$0

FIRE ACADEMY, GEORGIA

Per O.C.G.A. 25-7-2, the purpose of this program is to provide professionally

trained, competent and ethical firefighters with the proper equipment and facilities

and to establish professional standards for fire service training including consulting,

testing and certification.

Total Funds

$1,132,053

Non-State Funds

$152,680

Other Non-State Funds

$152,680

State Funds

$979,373

State General Funds

$979,373

Intra-State Agency Funds

$0

FIREFIGHTER STANDARDS AND TRAINING COUNCIL, GEORGIA

Per O.C.G.A. 25-3-22, the purpose of this program is to provide minimum

certification standards for all firefighters and public safety professionals.

Total Funds

$470,634

766

JOURNAL OF THE HOUSE

Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$0 $470,634 $470,634
$0

HIGHWAY SAFETY, OFFICE OF

Per O.C.G.A. 40-10-1 and 23 USC:401 (Highway Safety Act of 1967 as Amended

by TEA-21), the purpose of this program is to educate the public on highway safety

issues and facilitate the implementation of programs that reduce crashes, injuries

and fatalities on Georgia roadways.

Total Funds

$3,654,404

Non-State Funds

$3,166,937

Federal Funds Not Specifically Identified

$3,166,937

State Funds

$487,467

State General Funds

$487,467

Intra-State Agency Funds

$0

PEACE OFFICER STANDARDS AND TRAINING COUNCIL, GEORGIA

Total Funds

$2,093,777

Non-State Funds

$0

State Funds

$2,093,777

State General Funds

$2,093,777

Intra-State Agency Funds

$0

POLICE ACADEMY, GEORGIA

Per O.C.G.A. 35-4-1, the purpose of this program is to research, develop and

deliver the mandated 40 hour basic coroner training and the 24 hour annual in-

service training for all coroners and deputy coroners.

Total Funds

$1,226,513

Non-State Funds

$121,094

Other Non-State Funds

$121,094

State Funds

$1,105,419

State General Funds

$1,105,419

Intra-State Agency Funds

$0

PUBLIC SAFETY TRAINING CENTER, GEORGIA

Per O.C.G.A. 35-5-1, the department is charged with the development, delivery

and facilitation of training that results in professional and competent public safety

services for the people of Georgia.

Total Funds

$10,000,160

Non-State Funds

$1,360,299

Other Non-State Funds

$1,360,299

State Funds

$8,639,861

THURSDAY, FEBRUARY 17, 2005

767

State General Funds Intra-State Agency Funds

$8,639,861 $0

SPECIALIZED COLLISION RECONSTRUCTION TEAM

Per O.C.G.A. 35-2-32, the purpose of this program is for the Georgia State Patrol

Specialized Collision Reconstruction Teams' (SCRT) to provide a means by which

fatal crashes can be investigated thoroughly by specially trained investigators.

Total Funds

$2,035,024

Non-State Funds

$0

State Funds

$2,035,024

State General Funds

$2,035,024

Intra-State Agency Funds

$0

TROOP J SPECIALTY UNITS

Per O.C.G.A. 35-2-32, the Implied Consent Unit is charged with the responsibility

of supporting the Forensics Science Division of the GBI by overseeing and

maintaining the entire breath-alcohol program for the State of Georgia. Members of

the unit provide crucial expert testimony in DUI cases, as well as a number of

services to various law enforcement and judicial agencies at the state, county and

city level.

Total Funds

$2,194,228

Non-State Funds

$0

State Funds

$2,194,228

State General Funds

$2,194,228

Intra-State Agency Funds

$0

Section 30: Public Service Commission Total Funds Non State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds Intra-State Agency Funds

$8,352,415 $273,311 $273,311
$8,079,104 $8,079,104
$0

DEPARTMENTAL ADMINISTRATION

Per O.C.G.A. 46-2-1, the purpose of the Administration Program is to assist the

Commissioners and staff in achieving the agency's goals.

Total Funds

$1,124,307

Non-State Funds

$0

State Funds

$1,124,307

State General Funds

$1,124,307

Intra-State Agency Funds

$0

768

JOURNAL OF THE HOUSE

FACILITIES PROTECTION

Per O.C.G.A. 46-2-7 and the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C.

1967), the purpose of this is to provide for the protection of the buried utility facility

infrastructure within the State of Georgia.

Total Funds

$855,004

Non-State Funds

$273,311

Federal Funds Not Specifically Identified

$273,311

State Funds

$581,693

State General Funds

$581,693

Intra-State Agency Funds

$0

GEORGIA NO CALL

Per O.C.G.A. 46-5-27, the purpose of this program is to reduce unwanted

telephone solicitations by allowing subscribers to register their residential telephone

or cell phone numbers to a no call list.

Total Funds

$0

Non-State Funds

$0

State Funds

$0

State General Funds

$0

Intra-State Agency Funds

$0

UTILITIES REGULATION

Per O.C.G.A. 46-2-7 and O.C.G.A. 46-2-20, the purpose of this program is to

regulate intrastate telecommunications, natural gas, and electric utilities.

Total Funds

$6,373,104

Non-State Funds

$0

State Funds

$6,373,104

State General Funds

$6,373,104

Intra-State Agency Funds

$0

Section 31: Regents, University System of Georgia Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds Tobacco Funds State General Funds Intra-State Agency Funds Indirect DOAS Funds

$4,339,693,180 $2,660,467,711
$2,509,208 $2,657,958,503 $1,675,642,469
$6,243,177 $1,669,399,292
$3,583,000 $3,583,000

ADVANCED TECHNOLOGY DEVELOPMENT CENTER/ECONOMIC DEVELOPMENT INSTITUTE

THURSDAY, FEBRUARY 17, 2005

769

Per O.C.G.A. 10-10-1 and Established by the Governor and General Assembly as

an economic development entity within University, the purpose of this provide

strategic business advice and connect its member companies to the people and

resources they need to succeed.

Total Funds

$21,832,030

Non-State Funds

$13,493,757

Other Non-State Funds

$13,493,757

State Funds

$8,338,273

State General Funds

$8,338,273

Intra-State Agency Funds

$0

AGRICULTURAL EXPERIMENT STATION

Per O.C.G.A. 20-3-31 and Title 20-3-31 Official Georgia Code Annotated., the

purpose of this program is to improve production, processing, new product

development, food safety, storage and marketing to increase profitability and global

competitiveness

Total Funds

$72,177,551

Non-State Funds

$32,345,362

Other Non-State Funds

$32,345,362

State Funds

$39,736,289

State General Funds

$39,736,289

Intra-State Agency Funds

$95,900

Indirect DOAS Funding

$95,900

ATHENS AND TIFTON VETERINARY LABORATORIES

Per O.C.G.A. 20-3-20, the purpose of this program is to provide veterinarians and

regulatory agencies with diagnostic support and surveillance for naturally occurring

diseases affecting livestock, companion animals, and wildlife.

Total Funds

$4,694,697

Non-State Funds

$4,653,970

Other Non-State Funds

$4,653,970

State Funds

$40,727

State General Funds

$40,727

Intra-State Agency Funds

$0

COOPERATIVE EXTENSION SERVICE

Per O.C.G.A. 20-3-31, the purpose of this program is to enhance the quality of life

for Georgia's citizens through service, learning and the adaptation of research based

information.

Total Funds

$54,418,173

Non-State Funds

$22,967,437

Other Non-State Funds

$22,967,437

State Funds

$31,324,036

770

JOURNAL OF THE HOUSE

State General Funds Intra-State Agency Funds
Indirect DOAS Funding

$31,324,036 $126,700 $126,700

GEORGIA MILITARY COLLEGE Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds

$2,831,338 $0
$2,831,338 $2,831,338
$0

GEORGIA RADIATION THERAPY CENTER

Per O.C.G.A. 20-3-20, the purpose of this program is to provide patient care and

education.

Total Funds

$3,625,810

Non-State Funds

$3,625,810

Other Non-State Funds

$3,625,810

State Funds

$0

State General Funds

$0

Intra-State Agency Funds

$0

GEORGIA TECH RESEARCH INSTITUTE

Per O.C.G.A. 20-11-1, the purpose of this program is to aid in the promotion of

scientific, engineering, and industrial research for the advancement of science,

technology and education in Georgia.

Total Funds

$136,895,242

Non-State Funds

$130,159,352

Other Non-State Funds

$130,159,352

State Funds

$6,618,290

State General Funds

$6,618,290

Intra-State Agency Funds

$117,600

Indirect DOAS Funding

$117,600

MARINE INSTITUTE

Per O.C.G.A. 20-12-2, the purpose of this program is to understand the processes

that affect the condition of the salt marsh and coastline.

Total Funds

$1,705,789

Non-State Funds

$767,633

Other Non-State Funds

$767,633

State Funds

$938,156

State General Funds

$938,156

Intra-State Agency Funds

$0

THURSDAY, FEBRUARY 17, 2005

771

MARINE RESOURCES EXTENSION CENTER

Per O.C.G.A. 20-12-2, the purpose of this program is to transfer technology,

provide training, and conduct applied research.

Total Funds

$2,614,460

Non-State Funds

$1,175,000

Other Non-State Funds

$1,175,000

State Funds

$1,429,660

State General Funds

$1,429,660

Intra-State Agency Funds

$9,800

Indirect DOAS Funding

$9,800

MEDICAL COLLEGE OF GEORGIA HOSPITAL AND CLINICS

Per O.C.G.A. 20-3-20 the purpose of this program is to care, teach, and refer

clients.

Total Funds

$193,500

Non-State Funds

$0

State Funds

$0

State General Funds

$0

Intra-State Agency Funds

$193,500

Indirect DOAS Funding

$193,500

PUBLIC LIBRARIES

Per O.C.G.A. 20-2-305, the purpose of this program is to provide library services

for Georgians.

Total Funds

$35,844,024

Non-State Funds

$2,509,208

Other Non-State Funds

$0

Federal Funds Not Specifically Identified

$2,509,208

State Funds

$33,334,816

State General Funds

$33,334,816

Intra-State Agency Funds

$0

PUBLIC SERVICE

Per O.C.G.A. 20-3-20, the purpose of this program is to provide leadership,

service, and education.

Total Funds

$30,889,014

Non-State Funds

$0

State Funds

$30,889,014

State General Funds

$30,889,014

Intra-State Agency Funds

$0

PUBLIC TELECOMMUNICATIONS COMMISSION, GEORGIA

Total Funds

$31,519,544

772

JOURNAL OF THE HOUSE

Non-State Funds Other Non-State Funds
State Funds State General Funds
Intra-State Agency Funds

$14,224,291 $14,224,291 $17,295,253 $17,295,253
$0

RESEARCH CONSORTIUM

Per O.C.G.A. 20-3-20 and Research Consortium, the purpose of this program is to

conduct research to further industry in the State of Georgia.

Total Funds

$26,894,260

Non-State Funds

$0

State Funds

$26,894,260

Tobacco Funds

$6,243,177

State General Funds

$20,651,083

Intra-State Agency Funds

$0

SKIDAWAY INSTITUTE OF OCEANOGRAPHY

Per O.C.G.A. 20-12-2 and Section 5 of Senate Bill 75, 1967 Reorganization Act of

1972, the purpose of this program is to provide a center of excellence in marine and

ocean science research, which expands the body of knowledge on marine

environments.

Total Funds

$7,164,343

Non-State Funds

$5,633,000

Other Non-State Funds

$5,633,000

State Funds

$1,531,343

State General Funds

$1,531,343

Intra-State Agency Funds

$0

TEACHING

Per O.C.G.A. 20-3-31, the purpose of this program is to establish all such schools

of learning or art as may be useful to the state and to organize them in the way most

likely to attain the ends desired.

Total Funds

$3,857,345,938

Non-State Funds

$2,422,212,891

Other Non-State Funds

$2,422,212,891

State Funds

$1,432,093,547

State General Funds

$1,432,093,547

Intra-State Agency Funds

$3,039,500

Indirect DOAS Funding

$3,039,500

UNIVERSITY SYSTEM OFFICE Per O.C.G.A. 20-3-21, the purpose of this program is to provide administrative support to all colleges and universities in the university system.

THURSDAY, FEBRUARY 17, 2005

773

Total Funds Non-State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$38,781,919 $0 $0
$38,781,919 $38,781,919
$0

VETERINARY MEDICINE EXPERIMENT STATION

Per O.C.G.A. 20-3-20, the purpose of this program is to is to coordinate and

conduct research on animal disease problems of present and potential concern to

Georgia's livestock and poultry industries.

Total Funds

$3,094,649

Non-State Funds

$0

State Funds

$3,094,649

State General Funds

$3,094,649

Intra-State Agency Funds

$0

VETERINARY MEDICINE TEACHING HOSPITAL

Per O.C.G.A. 20-3-20, the purpose of the program is to provide state of the art

capabilities in diagnostic imaging, including MRI, CT scanning, nuclear

scintigraphy, and various methods of ultrasonography.

Total Funds

$7,170,899

Non-State Funds

$6,700,000

Other Non-State Funds

$6,700,000

State Funds

$470,899

State General Funds

$470,899

Intra-State Agency Funds

$0

Section 32: Revenue, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds Tobacco Funds State General Funds Intra-State Agency Funds Indirect DOAS Funds

$513,134,733 $8,046,434 $0 $8,046,434 $150,000
$502,393,299 $2,545,000 $2,545,000

CUSTOMER SERVICE

Per O.C.G.A. 48-2-7, the purpose of this program is to provide taxpayer assistance

for general to specific telephone questions.

Total Funds

$11,602,455

Non-State Funds

$2,110,135

774

JOURNAL OF THE HOUSE

Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$2,110,135 $9,492,320 $9,492,320
$0

DEPARTMENTAL ADMINISTRATION Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds

$5,325,389 $0
$5,325,389 $5,325,389
$0

GRANTS AND DISTRIBUTION

Per O.C.G.A. 36-17-24, the purpose of this program is to provide ad valorem tax

relief to homeowners.

Total Funds

$429,217,268

Non-State Funds

$0

Other Non-State Funds

$0

State Funds

$429,217,268

State General Funds

$429,217,268

Intra-State Agency Funds

$0

INDUSTRY REGULATION

Per O.C.G.A. 48-17-2, the purpose of this program is to ensure all coin operated

amusement machines are properly licensed and decaled.

Total Funds

$4,461,803

Non-State Funds

$0

Other Non-State Funds

$0

Federal Funds Not Specifically Identified

$0

State Funds

$4,461,803

Tobacco Funds

$150,000

State General Funds

$4,311,803

Intra-State Agency Funds

$0

REVENUE PROCESSING

Per O.C.G.A. 48-2-7, the purpose of this program is to provide complete and

correct data from processed returns.

Total Funds

$29,801,064

Non-State Funds

$2,120,536

Other Non-State Funds

$2,120,536

Federal Funds Not Specifically Identified

$0

State Funds

$27,680,528

State General Funds

$27,680,528

THURSDAY, FEBRUARY 17, 2005

775

Intra-State Agency Funds

$0

Indirect DOAS Funding

$0

STATE BOARD OF EQUALIZATION

Per O.C.G.A. 48-2-18, the purpose of this program is to examine the proposed

assessments of each class of taxpayers or property and the digest of proposed

assessments as a whole to determine that they are reasonably apportioned among the

several tax jurisdictions and reasonably uniform with the values set on other classes

of property throughout the state.

Total Funds

$5,000

Non-State Funds

$0

State Funds

$5,000

State General Funds

$5,000

Intra-State Agency Funds

$0

TAX COMPLIANCE

Per O.C.G.A. 48-2-7, the purpose of this program is to reconcile amounts of taxes

paid with amount of taxes owed.

Total Funds

$32,721,754

Non-State Funds

$3,815,763

Other Non-State Funds

$3,815,763

Federal Funds Not Specifically Identified

$0

State Funds

$26,360,991

State General Funds

$26,360,991

Intra-State Agency Funds

$2,545,000

Indirect DOAS Funding

$2,545,000

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 33: Secretary of State Total Funds Non State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$36,405,152 $1,064,350 $1,064,350
$35,340,802 $35,340,802
$0

ARCHIVES AND RECORDS Per O.C.G.A. 45-13-40, the purpose of this program is to promote and support the preservation and accessibility to governmental and non-governmental records determined to be of long-term use and value to the people of Georgia.

776

JOURNAL OF THE HOUSE

Total Funds Non-State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$6,623,366 $75,000 $75,000
$6,548,366 $6,548,366
$0

BUSINESS SERVICES - CORPORATIONS

Per O.C.G.A. 0-0-0, the purpose of this program is to provide businesses in the

State of Georgia with information, forms, and applications concerning trademarks,

corporate dissolution, and corporate law.

Total Funds

$1,810,154

Non-State Funds

$739,350

Other Non-State Funds

$739,350

State Funds

$1,070,804

State General Funds

$1,070,804

Intra-State Agency Funds

$0

BUSINESS SERVICES - SECURITIES

Per O.C.G.A. 0-0-0, the purpose of this program is to protect Georgia consumers

through regulation and enforcement activities of pre-need and perpetual care

organizations.

Total Funds

$1,880,144

Non-State Funds

$50,000

Other Non-State Funds

$50,000

State Funds

$1,830,144

State General Funds

$1,830,144

Intra-State Agency Funds

$0

CAPITOL EDUCATION CENTER

Per O.C.G.A. 8-5-3 and Executive Order, the purpose of the Capitol Education

Center is to educate Georgians on the importance of civic involvement, the

functions of state government, and the history of the State Capitol.

Total Funds

$405,553

Non-State Funds

$0

State Funds

$405,553

State General Funds

$405,553

Intra-State Agency Funds

$0

DEPARTMENTAL ADMINISTRATION Per O.C.G.A. 43-13-1 and Article V - Section III, Constitution of the State of Georgia, the purpose of this program is to provide administrative support to the Office of Secretary of State and its attached agencies.

THURSDAY, FEBRUARY 17, 2005

777

Total Funds Non-State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$5,082,275 $30,000 $30,000
$5,052,275 $5,052,275
$0

ELECTIONS

Per O.C.G.A. 45-13-20, the purpose of this program is to assure fair and honest

elections throughout the state.

Total Funds

$7,012,966

Non-State Funds

$20,000

Other Non-State Funds

$20,000

State Funds

$6,992,966

State General Funds

$6,992,966

Intra-State Agency Funds

$0

GEORGIA COMMISSION ON THE HOLOCAUST

Per O.C.G.A. 50-12-130, the purpose of this program is to teach the lessons of the

Holocaust to present and future generations of Georgians in order to create an

awareness of the enormity of the crimes of prejudice and inhumanity and a

vigilance to prevent their recurrence.

Total Funds

$240,081

Non-State Funds

$0

State Funds

$240,081

State General Funds

$240,081

Intra-State Agency Funds

$0

GEORGIA DRUGS AND NARCOTICS AGENCY

Per O.C.G.A. 26-4-29, the purpose of this program is to protect the health, safety,

and welfare of the general public by providing an enforcement presence to oversee

all laws and regulations pertaining to controlled substances and dangerous drugs.

Total Funds

$1,200,010

Non-State Funds

$0

State Funds

$1,200,010

State General Funds

$1,200,010

Intra-State Agency Funds

$0

PROFESSIONAL LICENSING BOARDS

Per O.C.G.A. 43-1-1 and Title 43 et. seq. covers licensing for 36 professions and

occupations, the purpose of this program is to protect the public health and welfare

by supporting all operations of Boards which license professions.

Total Funds

$8,778,901

778

JOURNAL OF THE HOUSE

Non-State Funds Other Non-State Funds
State Funds State General Funds
Intra-State Agency Funds

$150,000 $150,000 $8,628,901 $8,628,901
$0

REAL ESTATE COMMISSION

Per O.C.G.A. 43-40-0 and O.C.G.A. 43-39A Real Estate Appraiser Licensing and

Regulation Act., the purpose of this program is to administer the license law that

regulates brokers, salespersons, and community association managers. In addition,

the Real Estate Commission supplies staff support to the Georgia Real Estate

Appraisers Board, but has no authority over the administration of the Georgia

Appraisal Act.

Total Funds

$2,649,409

Non-State Funds

$0

State Funds

$2,649,409

State General Funds

$2,649,409

Intra-State Agency Funds

$0

STATE ETHICS COMMISSION

Per O.C.G.A. 21-5-1, the purpose of this program is to protect the integrity of the

democratic process and to ensure fair elections with the public disclosure of

campaign financing and significant private interests of public officers and

candidates for public office.

Total Funds

$722,293

Non-State Funds

$0

State Funds

$722,293

State General Funds

$722,293

Intra-State Agency Funds

$0

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 34: Soil and Water Conservation Commission Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds State General Funds Intra-State Agency Funds

$5,319,931 $2,341,942
$476,405 $1,865,537 $2,977,989 $2,977,989
$0

THURSDAY, FEBRUARY 17, 2005

779

CONSERVATION OF AGRICULTURAL WATER SUPPLIES

Per O.C.G.A. 2-6-27 and All Legal authorities provided are O.C.G.A., the purpose

of this program is to conserve the use of Georgia's ground and surface water by

agricultural water users.

Total Funds

$1,935,710

Non-State Funds

$1,701,537

Other Non-State Funds

$1,701,537

State Funds

$234,173

State General Funds

$234,173

Intra-State Agency Funds

$0

CONSERVATION OF SOIL AND WATER RESOURCES

Per O.C.G.A. 2-6-20 and All Legal Authorities listed are O.C.G.A., the purpose of

this program is to conserve Georgia's rich natural resources through voluntary

implementation of conservation best management practices on agricultural lands.

Total Funds

$1,708,334

Non-State Funds

$573,405

Other Non-State Funds

$164,000

Federal Funds Not Specifically Identified

$409,405

State Funds

$1,134,929

State General Funds

$1,134,929

Intra-State Agency Funds

$0

DEPARTMENTAL ADMINISTRATION Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds

$547,145 $0
$547,145 $547,145
$0

WATER RESOURCES AND LAND USE PLANNING

Per O.C.G.A. 2-6-20, the purpose of this program is to improve the understanding

of water use and to develop plans that improve water management and efficiency.

Total Funds

$1,102,116

Non-State Funds

$67,000

Federal Funds Not Specifically Identified

$67,000

State Funds

$1,035,116

State General Funds

$1,035,116

Intra-State Agency Funds

$0

WATERSHED FLOOD CONTROL UNIT Per O.C.G.A. 2-6-27, the purpose of this program is to provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens.

780

JOURNAL OF THE HOUSE

Total Funds Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$26,626 $0
$26,626 $26,626
$0

Section 35: Student Finance Commission and Authority, Georgia

Total Funds

$538,769,577

Non State Funds

$520,653

Federal Funds Not Specifically Identified

$520,653

State Funds

$538,248,924

Lottery Funds

$500,643,778

State General Funds

$37,605,146

Intra-State Agency Funds

$0

ACCEL Total Funds Non-State Funds State Funds Lottery Funds State General Funds Intra-State Agency Funds

$6,000,000 $0
$6,000,000 $6,000,000
$0 $0

ENGINEER SCHOLARSHIP Total Funds Non-State Funds State Funds Lottery Funds State General Funds Intra-State Agency Funds

$760,000 $0
$760,000 $760,000
$0 $0

GEORGIA MILITARY COLLEGE SCHOLARSHIP Total Funds Non-State Funds State Funds Lottery Funds State General Funds Intra-State Agency Funds

$770,477 $0
$770,477 $770,477
$0 $0

GEORGIA MILITARY/NORTH GA. COLLEGE TRANSFER SCHOLARSHIP
Total Funds Non-State Funds

$22,427 $0

THURSDAY, FEBRUARY 17, 2005
State Funds State General Funds
Intra-State Agency Funds
GOVERNOR'S SCHOLARSHIP PROGRAM Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds
GUARANTEED EDUCATIONAL LOANS Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds
HOPE ADMINISTRATION Total Funds Non-State Funds State Funds Lottery Funds State General Funds Intra-State Agency Funds
HOPE GED Total Funds Non-State Funds State Funds Lottery Funds State General Funds Intra-State Agency Funds
HOPE GRANT Total Funds Non-State Funds State Funds Lottery Funds State General Funds Intra-State Agency Funds
HOPE SCHOLARSHIPS - PRIVATE SCHOOLS Total Funds

781
$22,427 $22,427
$0
$2,530,150 $0
$2,530,150 $2,530,150
$0
$3,477,477 $0
$3,477,477 $3,477,477
$0
$4,863,857 $0
$4,863,857 $4,863,857
$0 $0
$2,751,194 $0
$2,751,194 $2,751,194
$0 $0
$116,786,480 $0
$116,786,480 $116,786,480
$0 $0
$45,388,740

782

JOURNAL OF THE HOUSE

Non-State Funds State Funds
Lottery Funds State General Funds Intra-State Agency Funds

$0 $45,388,740 $45,388,740
$0 $0

HOPE SCHOLARSHIPS - PUBLIC SCHOOLS Total Funds Non-State Funds State Funds Lottery Funds State General Funds Intra-State Agency Funds

$311,504,614 $0
$311,504,614 $311,504,614
$0 $0

LAW ENFORCEMENT DEPENDENTS GRANT Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds

$61,339 $0
$61,339 $61,339
$0

LEVERAGING EDUCATIONAL ASSISTANCE PARTNERSHIP

PROGRAM (LEAP)

Total Funds

$1,487,410

Non-State Funds

$520,653

Federal Funds Not Specifically Identified

$520,653

State Funds

$966,757

State General Funds

$966,757

Intra-State Agency Funds

$0

NONPUBLIC POSTSECONDARY EDUC COMMISSION Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds

$632,569 $0
$632,569 $632,569
$0

NORTH GA. MILITARY SCHOLARSHIP GRANTS Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds

$661,524 $0
$661,524 $661,524
$0

THURSDAY, FEBRUARY 17, 2005
NORTH GEORGIA ROTC GRANTS Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds
PROMISE II SCHOLARSHIP Total Funds Non-State Funds State Funds Lottery Funds State General Funds Intra-State Agency Funds
PROMISE SCHOLARSHIP Total Funds Non-State Funds State Funds Lottery Funds State General Funds Intra-State Agency Funds
PUBLIC MEMORIAL SAFETY GRANT Total Funds Non-State Funds State Funds Lottery Funds State General Funds Intra-State Agency Funds
TEACHER SCHOLARSHIP Total Funds Non-State Funds State Funds Lottery Funds State General Funds Intra-State Agency Funds
TUITION EQUALIZATION GRANTS Total Funds Non-State Funds State Funds

783
$432,479 $0
$432,479 $432,479
$0
$374,590 $0
$374,590 $374,590
$0 $0
$5,855,278 $0
$5,855,278 $5,855,278
$0 $0
$255,850 $0
$255,850 $255,850
$0 $0
$5,332,698 $0
$5,332,698 $5,332,698
$0 $0
$28,820,424 $0
$28,820,424

784

JOURNAL OF THE HOUSE

State General Funds Intra-State Agency Funds

$28,820,424 $0

Section 36: Teachers' Retirement System Total Funds Non State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$25,957,539 $23,819,539 $23,819,539
$2,138,000 $2,138,000
$0

DEPARTMENTAL ADMINISTRATION

Per O.C.G.A. 47-1-1, the purpose of this program is to provide all services to

active members, including: service purchases, refunds, retirement counseling, and

new retirement processing.

Total Funds

$23,819,539

Non-State Funds

$23,819,539

Other Non-State Funds

$23,819,539

State Funds

$0

State General Funds

$0

Intra-State Agency Funds

$0

FLOOR/COLA, LOCAL SYSTEM FUND

Per O.C.G.A. 47-1-3, the purpose of this program is to provide retirees from local

retirement systems a minimum allowance upon retirement and a post-retirement

benefit adjustment (COLA) whenever such adjustment is granted to teachers who

retired under TRS.

Total Funds

$2,138,000

Non-State Funds

$0

State Funds

$2,138,000

State General Funds

$2,138,000

Intra-State Agency Funds

$0

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 37: Technical Education, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds State General Funds

$374,017,328 $75,747,117 $19,814,459 $55,932,658
$298,270,211 $298,270,211

THURSDAY, FEBRUARY 17, 2005

785

Intra-State Agency Funds

$0

ADULT LITERACY

Per O.C.G.A. 20-4-15 and 1988 legislation placed Office of Adult Literacy under

the authority of DTAE. O.C.G.A. 20-4-15, the purpose of this program is to enable

every adult learner in Georgia to acquire the necessary basic skills -- reading,

writing, computation, speaking, and listening -- to compete successfully in today's

workplace, strengthen family foundations, and exercise full citizenship.

Total Funds

$19,822,122

Non-State Funds

$8,143,219

Other Non-State Funds

$1,121,886

Federal Funds Not Specifically Identified

$7,021,333

State Funds

$11,678,903

State General Funds

$11,678,903

Intra-State Agency Funds

$0

DEPARTMENTAL ADMINISTRATION Total Funds Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$4,965,421 $0 $0
$4,965,421 $4,965,421
$0

ECONOMIC DEVELOPMENT

Per O.C.G.A. 20-4-22 and In 1988, legislation placed Quick Start under the

authority of DTAE O.C.G.A. 20-4-22, the purpose is to provide a number of

programs and services designed to assist businesses and industries with their

training needs. These include Quick Start, as well as other programs delivered

through the Office of Economic Development Programs at each technical college.

Total Funds

$12,073,404

Non-State Funds

$0

State Funds

$12,073,404

State General Funds

$12,073,404

Intra-State Agency Funds

$0

TECHNICAL EDUCATION

Per O.C.G.A. 20-4-11 and Quality Education Act of 1985, the purpose of this

program is to provide quality technical education and special workforce services.

The primary role is to ensure that all programs and services excel in meeting the

individual's need for career success and the community's need for continued

economic growth and development.

Total Funds

$337,156,381

786

JOURNAL OF THE HOUSE

Non-State Funds Other Non-State Funds Federal Funds Not Specifically Identified
State Funds State General Funds
Intra-State Agency Funds

$67,603,898 $54,810,772 $12,793,126 $269,552,483 $269,552,483
$0

Section 38: Transportation, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds Motor Fuel Funds State General Funds Intra-State Agency Funds

$1,646,363,776 $1,036,640,507 $1,007,870,672
$28,769,835 $609,723,269 $593,382,153 $16,341,116
$0

AIR TRANSPORTATION

Per O.C.G.A. 32-2-2 and 32-2-2(a)(16), the purpose of this program is to provide

transportation to state officials and companies considering a move to Georgia.

Total Funds

$1,913,591

Non-State Funds

$657,795

Other Non-State Funds

$657,795

State Funds

$1,255,796

State General Funds

$1,255,796

Intra-State Agency Funds

$0

AVIATION

Per O.C.G.A. 32-2-2 and O.C.G.A. 32-2-2(a)(17), the purpose of this program

supports statewide economic development by providing the infrastructure for a safe,

efficient and adequate air transportation system.

Total Funds

$3,947,380

Non-State Funds

$0

Other Non-State Funds

$0

State Funds

$3,947,380

State General Funds

$3,947,380

Intra-State Agency Funds

$0

CONSTRUCT AND IMPROVE THE STATE HIGHWAY SYSTEM

Per O.C.G.A. 32-2-60 and O.C.G.A. 32-2-60 thru 32-2-77; 23 U.S.C.A. 112,134;

23 CFR Part 635, the purpose of this program is to ensure a safe and efficient

transportation system.

Total Funds

$1,046,000,727

THURSDAY, FEBRUARY 17, 2005

787

Non-State Funds Other Non-State Funds Federal Funds Not Specifically Identified
State Funds State Motor Fuel State General Funds
Intra-State Agency Funds

$771,187,388 $9,417,419
$761,769,969 $274,813,339 $274,813,339
$0 $0

DATA COLLECTION, COMPLIANCE AND REPORTING

Per O.C.G.A. 32-2-4 and 23 U.S.C.A. 141,23 U.S.C.A. 152, 23 U.S.C.A. 307, the

purpose of this program is to provide quality transportation data products in the

appropriate format within an acceptable timeframe that meet the needs of the state's

business partners.

Total Funds

$5,503,825

Non-State Funds

$4,007,754

Other Non-State Funds

$109,250

Federal Funds Not Specifically Identified

$3,898,504

State Funds

$1,496,071

State Motor Fuel

$1,496,071

State General Funds

$0

Intra-State Agency Funds

$0

DEPARTMENTAL ADMINISTRATION Total Funds Non-State Funds Other Non-State Funds Federal Funds Not Specifically Identified State Funds State Motor Fuel State General Funds Intra-State Agency Funds

$50,807,188 $11,367,744
$2,055,789 $9,311,955 $39,439,444 $39,439,444
$0 $0

LOCAL ROAD ASSISTANCE

Per O.C.G.A. 32-2-7, the purpose of this program is for contracts with local

governments to assist in the construction and reconstruction of their road and street

systems.

Total Funds

$147,546,892

Non-State Funds

$64,284,821

Other Non-State Funds

$3,346,196

Federal Funds Not Specifically Identified

$60,938,625

State Funds

$83,262,071

State Motor Fuel

$83,262,071

State General Funds

$0

788

JOURNAL OF THE HOUSE

Intra-State Agency Funds

$0

MAINTAIN STATE HIGHWAY SYSTEM

Per O.C.G.A. 32-6-1 and 23 U.S.C.A. 116; 23 CFR Part 635; 23 U.S.C.A. 144;

23 CFR Part 650; 23 U.S.C.A. 136; 23 U.S.C., the purpose of this program is to

coordinate all statewide maintenance activities.

Total Funds

$321,078,376

Non-State Funds

$143,093,130

Other Non-State Funds

$8,640,447

Federal Funds Not Specifically Identified

$134,452,683

State Funds

$177,985,246

State Motor Fuel

$177,985,246

State General Funds

$0

Intra-State Agency Funds

$0

OPERATE STATE HIGHWAY SYSTEM

Per O.C.G.A. 32-6-170 and 23 U.S.C.A. 127, 23 U.S.C.A. 149, the purpose of

this program is to protect the traveling public and the state highway system by

minimizing impact of railroads, utilities and oversize/overweight truck loads and

regulating aspects of motor vehicles to comply with state law.

Total Funds

$45,567,426

Non-State Funds

$29,181,444

Other Non-State Funds

$4,540,939

Federal Funds Not Specifically Identified

$24,640,505

State Funds

$16,385,982

State Motor Fuel

$16,385,982

State General Funds

$0

Intra-State Agency Funds

$0

PORTS AND WATERWAYS

Per O.C.G.A. 32-2-2 and 32-2-2(a)(18), the purpose of this program is to

maintain the navigability of the Atlantic Intracoastal Waterway and GA's deep

water ports to promote international trade.

Total Funds

$956,024

Non-State Funds

$0

Other Non-State Funds

$0

State Funds

$956,024

State General Funds

$956,024

Intra-State Agency Funds

$0

RAIL Per O.C.G.A. 32-9-6 and 49 CFR Parts 200 thru 268; O.C.G.A. 46-9-270, "Georgia Rail Passenger Authority Law", the purpose of this program is to oversee

THURSDAY, FEBRUARY 17, 2005

789

the construction, financing, operation, and development of rail passenger service

and other public transportation projects within and without the state of Georgia.

Total Funds

$1,444,313

Non-State Funds

$0

Other Non-State Funds

$0

State Funds

$1,444,313

State General Funds

$1,444,313

Intra-State Agency Funds

$0

TRANSIT

Per O.C.G.A. 32-9-1 and 23 U.S.C.A. 142; 49 U.S.C.A. 5303, 5307, 5309, and

5311; 49 CFR Part 601 thru 665, the purpose of this program is to preserve and

enhance the state's urban and rural public transit programs by providing financial

and technical assistance to Georgia's transit systems.

Total Funds

$21,598,034

Non-State Funds

$12,860,431

Other Non-State Funds

$2,000

Federal Funds Not Specifically Identified

$12,858,431

State Funds

$8,737,603

State General Funds

$8,737,603

Intra-State Agency Funds

$0

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 this Bill, in the event such

790

JOURNAL OF THE HOUSE

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.

Section 39: Veterans Service, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds Intra-State Agency Funds

$31,755,806 $10,732,685 $10,732,685 $21,023,121 $21,023,121
$0

AUGUSTA NURSING HOME

Per O.C.G.A. 38-4-2, the purpose of this program is to provide skilled nursing care

to chronically ill veterans.

Total Funds

$7,536,580

Non-State Funds

$3,104,750

Federal Funds Not Specifically Identified

$3,104,750

State Funds

$4,431,830

State General Funds

$4,431,830

Intra-State Agency Funds

$0

DEPARTMENTAL ADMINISTRATION

Per O.C.G.A. 38-4-1, the purpose of this program is to coordinate, manage and

supervise all aspects of department operations to include financial, public

information, personnel, accounting, purchasing and supply, mail, and information.

Total Funds

$906,797

Non-State Funds

$79,875

Federal Funds Not Specifically Identified

$79,875

State Funds

$826,922

State General Funds

$826,922

Intra-State Agency Funds

$0

GEORGIA VETERANS MEMORIAL CEMETERY Per O.C.G.A. 38-4-70, the purpose of this program is to provide for the interment

THURSDAY, FEBRUARY 17, 2005

791

of eligible Georgia Veterans who served faithfully and honorably in the military

service of out country.

Total Funds

$290,738

Non-State Funds

$0

State Funds

$290,738

State General Funds

$290,738

Intra-State Agency Funds

$0

MILLEDGEVILLE NURSING HOME

Per O.C.G.A. 38-4-2, the purpose of this program is to provide shelter, sustenance,

and continual medical care on an ambulatory basis to help veterans who are

disabled by age or disease to attain physical, mental and social well being.

Total Funds

$17,516,828

Non-State Funds

$7,225,135

Federal Funds Not Specifically Identified

$7,225,135

State Funds

$10,291,693

State General Funds

$10,291,693

Intra-State Agency Funds

$0

VETERANS BENEFITS

Per O.C.G.A. 38-4-8, the purpose of this program is to process claims and appeals

filed by Georgia Veterans.

Total Funds

$5,504,863

Non-State Funds

$322,925

Federal Funds Not Specifically Identified

$322,925

State Funds

$5,181,938

State General Funds

$5,181,938

Intra-State Agency Funds

$0

Section 40: Workers' Compensation, State Board of Total Funds Non State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$14,875,013 $364,000 $364,000
$14,511,013 $14,511,013
$0

ADMINISTER THE WORKERS' COMPENSATION LAWS

Per O.C.G.A. 34-9-1, the purpose of this program is to provide exclusive remedy

for resolution of disputes in the Georgia Workers' Compensation law.

Total Funds

$8,955,200

Non-State Funds

$0

State Funds

$8,955,200

792

JOURNAL OF THE HOUSE

State General Funds Intra-State Agency Funds

$8,955,200 $0

DEPARTMENTAL ADMINISTRATION Total Funds Non-State Funds Other Non-State Funds State Funds State General Funds Intra-State Agency Funds

$5,919,813 $364,000 $364,000
$5,555,813 $5,555,813
$0

Section 41: General Obligation Debt Sinking Fund Total Funds Non State Funds State Funds
Motor Fuel Funds State General Funds Intra-State Agency Funds

$905,072,517 $0
$905,072,517 $161,100,000 $743,972,517
$0

GENERAL OBLIGATION DEBT SINKING FUND - ISSUED Total Funds Non-State Funds State Funds State Motor Fuel State General Funds Intra-State Agency Funds

$793,842,417 $0
$793,842,417 $135,000,000 $658,842,417
$0

GENERAL OBLIGATION DEBT SINKING FUND - NEW Total Funds Non-State Funds State Funds State Motor Fuel State General Funds Intra-State Agency Funds

$111,230,100 $0
$111,230,100 $26,100,000 $85,130,100 $0

Section 42. 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

THURSDAY, FEBRUARY 17, 2005

793

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 43. 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 44. 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 45. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 46. 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 47. Provided, that no funds whatsoever shall be transferred between programs without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a

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JOURNAL OF THE HOUSE

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 program 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.
Section 48. For each Budget Unit's Program in this Act, the appropriations shall be as follows: Expenditures of no more than the lesser of 102% or $100,000 of the stated amount for each Program are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate programs of the group.
It is the further intent of the General Assembly that this principle shall be applied as well when program amounts are properly amended in the administration of the annual operating budget. 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 Program Budget or the House Program Budget.
Section 49. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 50. All laws and parts of laws in conflict with this act are repealed."
Part 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval
Part 3. All laws and parts of laws in conflict with this act are repealed.
Representative Harbin of the 118th moved that the House disagree to the Senate substitute to HB 84.
The motion prevailed.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:

THURSDAY, FEBRUARY 17, 2005

795

Mr. Speaker:
The Senate insists on its substitute to the following bill of the House:
HB 84. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th and Keen of the 179th:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2004-2005, known as the "General Appropriations Act," approved May 17, 2004 (Ga. L. 2004, p. 994.) 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 84. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th and Keen of the 179th:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2004-2005, known as the "General Appropriations Act," approved May 17, 2004 (Ga. L. 2004, p. 994.) and for other purposes.
Representative Harbin of the 118th moved that the House insist on its position in disagreeing to the Senate substitute to HB 84 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 Keen of the 179th, Harbin of the 118th and Burkhalter of the 50th.
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 84. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th and Keen of the 179th:

796

JOURNAL OF THE HOUSE

A BILL to amend an Act providing appropriations for the State Fiscal Year 2004-2005, known as the "General Appropriations Act," approved May 17, 2004 (Ga. L. 2004, p. 994.) 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 Stephens of the 27th.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 271. By Representatives Ray of the 136th and James of the 135th:
A RESOLUTION commending the Georgia Peach Festival and inviting the 2004 Georgia Peach Queens to appear before the House of Representatives; and for other purposes.
HR 278. By Representatives Jones of the 44th, Stephenson of the 92nd, Sinkfield of the 60th, Mitchell of the 88th, Dukes of the 150th and others:
A RESOLUTION honoring Delta Sigma Theta Sorority, Inc.; declaring March 9, 2005, as Delta Sigma Theta Day; inviting representatives of the sorority to appear before this body; and for other purposes.
HR 279. By Representative Neal of the 1st:
A RESOLUTION congratulating the 2004 Gordon Lee High School Softball Team, winners of the Class A State Championship, and inviting the team to appear before the House of Representatives; and for other purposes.
Representative Walker of the 107th District, Chairman of the Committee on Human Relations and Aging, submitted the following report:
Mr. Speaker:
Your Committee on Human Relations and Aging 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 394 Do Pass
Respectfully submitted, /s/ Walker of the 107th
Chairman

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797

Representative Coan of the 101st 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 416 Do Pass, by Substitute
Respectfully submitted, /s/ Coan of the 101st
Chairman
Representative Willard of the 49th District, 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 House and has instructed me to report the same back to the House with the following recommendation:
HB 406 Do Pass, by Substitute
Respectfully submitted, /s/ Willard of the 49th
Chairman
Representative Lewis of the 15th 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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 92 Do Pass
Respectfully submitted, /s/ Lewis of the 15th
Chairman

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Representative Barnard of the 166th 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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 183 Do Pass HR 166 Do Pass, by Substitute
Respectfully submitted, /s/ Barnard of the 166th
Chairman
Representative Smith of the 129th District, 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 House and has instructed me to report the same back to the House with the following recommendation:
HB 279 Do Pass, by Substitute
Respectfully submitted, /s/ Smith of the 129th
Chairman
The Speaker announced the House in recess until 5:00 P.M., at which time the House will stand adjourned until 9:00 o'clock A.M. the next legislative day.

FRIDAY, FEBRUARY 18, 2005

799

Representative Hall, Atlanta, Georgia
Friday, February 18, 2005
The House met pursuant to adjournment at 9:00 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.
Representative Dollar of the 45th was excused from all roll call votes today.
Prayer was offered by Dr. Gregg Potts, Senior Pastor, First Baptist Church of Dallas, Dallas, Georgia.
The members pledged allegiance to the flag.
Representative Heard of the 104th, Chairman of the Committee on Information and Audits, 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 Resolution of the House were introduced, read the first time and referred to the Committees:

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HB 528. By Representatives Ray of the 136th, Barnard of the 166th, Black of the 174th, Floyd of the 147th and Powell of the 29th:
A BILL to be entitled an Act to amend Title 21 of the O.C.G.A., relating to elections, so as to extensively revise the "Georgia Election Code"; to provide for a two-stage system of primaries and elections whereby primaries are a procedure for winnowing candidates for public office down to a limited number to be voted on at elections; to provide that each voter has the right to cast a vote in a primary for any candidate for each office without any limitation based on party preference or affiliation of either the voter or the candidate; to provide that those candidates receiving the highest and second highest number of votes cast in a primary for public office, without regard to party affiliation, shall be qualified for election; to provide that candidates receiving a plurality of votes for office in an election shall be elected; to provide for elections generally; to provide for supervisory boards and officers; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 530. By Representative Smith of the 129th:
A BILL to be entitled an Act to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportations power to contract, so as to revise the criteria for designbuild contracts entered into by the department; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 531. By Representatives Smith of the 131st, Willard of the 49th, Lane of the 167th, Meadows of the 5th and Knox of the 24th:
A BILL to be entitled an Act to amend Code Section 36-32-40 of the Official Code of Georgia Annotated, relating to the creation of the Council of Municipal Court Judges of Georgia, membership and organization, purpose, expenses, contracts, assistance to council, and members not ineligible to hold office of judge, so as to provide that in the event of a vacancy in any elective office on the council or a vacancy in a membership position on the Georgia Municipal Courts Training Council appointed by the council, the executive committee shall appoint a successor to serve the remainder of the unexpired term; to provide an effective date; to repeal conflicting laws; and for other purposes.

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801

Referred to the Committee on Judiciary.
HB 532. By Representative Black of the 174th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Brooks County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 533. By Representatives Lewis of the 15th, Smith of the 113th, Loudermilk of the 14th and Graves of the 12th:
A BILL to be entitled an Act to amend Code Section 12-8-25 of the Official Code of Georgia Annotated, relating to solid waste disposal sites within onehalf mile of an adjoining county or city, so as to increase the applicable distance for such sites from county or city boundaries; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Utilities & Telecommunications.
HB 535. By Representatives Cox of the 102nd, Rice of the 51st and Ralston of the 7th:
A BILL to be entitled an Act to amend Chapter 21A of Title 15 of the Official Code of Georgia Annotated, relating to judicial accounting, so as to remove the penalties for failure to remit funds; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 542. By Representative Rice of the 51st:
A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of licenses to persons completing defensive driving course or alcohol or drug program, so as to provide for approval of driver improvement clinics curriculum; to provide for certificates of completion; to delete references to advanced defensive driving courses; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Motor Vehicles.
HB 543. By Representatives Casas of the 103rd, Hembree of the 67th, Maxwell of the 17th, Chambers of the 81st and Jones of the 46th:
A BILL to be entitled an Act to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other public school personnel, so as to provide for the donation of sick leave from an employee of a local board of education to his or her spouse who is also an employee of the local board of education for certain purposes; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 544. By Representatives Abdul-Salaam of the 74th, Talton of the 145th, Jordan of the 77th, Brooks of the 63rd, Beasley-Teague of the 65th and others:
A BILL to be entitled an Act to provide for a short title; to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possessing weapons, so as to change certain provisions relating to carrying weapons with school safety zones, at school functions, or on school property; to provide for a definition; to prohibit carrying weapons in parks; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 545. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to amend Code Section 47-3-127.1 of the Official Code of Georgia Annotated, relating to employment of retired teachers, so as to authorize the employment of any retired teacher who has retired on a service retirement with at least 30 years of creditable service or after attaining the age of 60 years; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 546. By Representatives Maddox of the 172nd, May of the 111th, Reese of the 98th and Mumford of the 95th:
A BILL to be entitled an Act to amend Code Section 9-11-9.1 of the O.C.G.A., relating to affidavits which must accompany charges of

FRIDAY, FEBRUARY 18, 2005

803

professional malpractice; Chapter 10 of Title 14 of the O.C.G.A., known as "The Georgia Professional Association Act"; Code Section 24-7-9 of the O.C.G.A., relating to identification of medical bills and authentication of writings; Code Section 30-5-4 of the O.C.G.A., relating to reporting of need for protective services for elder persons or disabled adults and immunity from liability; Title 31 of the O.C.G.A., relating to health; Title 33 of the O.C.G.A., relating to insurance; Title 43 of the O.C.G.A., relating to professions and businesses; Code Section 45-16-27 of the O.C.G.A., relating to when a coroner shall hold an inquest and procedures connected with such inquest; and Code Section 48-13-9 of the O.C.G.A.; to change statutory references throughout the O.C.G.A.; to prohibit certain conduct and provide for penalties; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 547. By Representatives Lunsford of the 110th and Mosley of the 178th:
A BILL to be entitled an Act to amend Code Section 36-71-4 of the Official Code of Georgia Annotated, relating to calculation of and requirements relative to development impact fees imposed by local governments, so as to provide a maximum amount of impact fees which may be imposed with respect to the construction of a new single family residence; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 548. By Representatives Benfield of the 85th, Abdul-Salaam of the 74th, Orrock of the 58th, Jamieson of the 28th, Porter of the 143rd and others:
A BILL to be entitled an Act to amend Chapter 5A of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Community Health, so as to provide for the submission of data relating to an individuals employer for applicants and their dependents receiving health care benefits under the state Medicaid program, PeachCare for Kids Program, or any other state funded or administered health care program; to provide that the Department of Community Health submit an annual report to the General Assembly regarding the data relating to the employers; to provide that the report shall be available to any member of the public upon request; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.

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HB 550. By Representatives Willard of the 49th, Buckner of the 130th, Geisinger of the 48th, Barnard of the 166th, Coleman of the 97th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 12 of the O.C.G.A., the "Georgia Water Quality Control Act," so as to change certain provisions relating to powers and duties of the Board of Natural Resources and director of the Environmental Protection Division as to control of water pollution and surface-water use generally; to provide for fees for site specific National Pollution Discharge Elimination System permits and site specific land application system permits; to provide for subsequent fee reductions for government entities which paid certain regulatory fees related to environmental protection programs of the Department of Natural Resources in cases where the General Assembly did not appropriate funds to such department in amounts greater than or equal to the collective amount of such fees for purposes of administrating such programs; to amend Article 2 of Chapter 7 of Title 48 of the O.C.G.A.; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 552. By Representative Hembree of the 67th:
A BILL to be entitled an Act to amend Part 5 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of law enforcement and emergency vehicles, so as to provide that the commissioner of the Department of Public Safety may issue a permit to certain private vehicles for certain lights, sirens, and markings; to provide for limitations; to provide for sanctions for violations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 553. By Representatives Hembree of the 67th, Ehrhart of the 36th, Fleming of the 117th, Keen of the 179th, Casas of the 103rd and others:
A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the University System of Georgia, so as to provide that a student in an education degree program shall not be required to join a professional association as a condition of enrollment; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.

FRIDAY, FEBRUARY 18, 2005

805

HR 269. By Representatives Graves of the 12th and Ralston of the 7th:
A RESOLUTION designating the intersection of State Highway 515 and State Highway 53 as "Disabled American Veterans Intersection"; and for other purposes.
Referred to the Committee on Transportation.
By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the Committees:
HB 563. By Representatives Martin of the 47th, Harbin of the 118th, Fleming of the 117th, Geisinger of the 48th and Wilkinson of the 52nd:
A BILL to be entitled an Act to amend Code Section 3-3-23 of the Official Code of Georgia Annotated, relating to unlawful acts involving alcoholic beverages and underage persons, so as to redefine the offense of furnishing alcoholic beverages to underage persons; to change provisions relating to the duty to request and be furnished with identification prior to furnishing alcoholic beverages to certain persons under certain circumstances and provide that violation of such duty shall constitute a crime; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 564. By Representatives Martin of the 47th, Jones of the 46th, Geisinger of the 48th and Wilkinson of the 52nd:
A BILL to be entitled an Act to amend Code Section 3-3-23.1 of the Official Code of Georgia Annotated, relating to procedure and penalties upon violation of provisions relating to persons under 21 years of age purchasing, possessing, or being furnished alcoholic beverages, so as to provide for the suspension of drivers licenses for certain conduct relating to furnishing or acting as an agent to purchase alcoholic beverages for a person under 21 years of age; to amend Code Section 40-5-57.1 of the Official Code of Georgia Annotated, relating to the suspension of licenses of persons under age 21 for certain offenses, so as to provide for the suspension of the drivers licenses of certain persons furnishing or acting as agents to purchase alcoholic beverages to a person under 21 years of age; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Regulated Industries.
HB 565. By Representatives Martin of the 47th, Jones of the 46th, Geisinger of the 48th and Wilkinson of the 52nd:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to alcoholic beverages, so as to make it unlawful for a person under 21 years of age to consume an alcoholic beverage; to authorize the suspension of the drivers license of a person under 21 years of age convicted of consuming an alcoholic beverage; to amend Code Section 40-5-57.1 of the Official Code of Georgia Annotated, relating to the suspension of drivers licenses of persons under 21 years of age for certain offenses, so as to provide for the suspension of the drivers licenses of persons under 21 years of age convicted of consuming alcoholic beverages; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 566. By Representatives Loudermilk of the 14th, Maddox of the 172nd, Rice of the 51st, Coan of the 101st, Burmeister of the 119th and others:
A BILL to be entitled an Act to amend Chapter 7 of Title 49 of the Official Code of Georgia Annotated, relating to family planning services, so as to define certain terms; to authorize agencies to provide medical referral services under certain conditions; to require parental notification for an unemancipated minor to receive medical referral services or birth control devices; to change certain provisions relating to right to refuse services; to change certain provisions relating to right of employee to refuse to offer services; to change certain provisions relating to plans and programs to carry out chapter; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 570. By Representatives Scott of the 2nd, Fleming of the 117th, Murphy of the 120th, Day of the 163rd, Smyre of the 132nd and others:
A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the comprehensive regulation of interlocal agreements; to provide for a short title; to provide for legislative purposes; to provide for definitions; to provide for procedures, conditions, and limitations with respect to such agreements;

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807

to provide for the status of such agreements; to provide for approval or disapproval of such agreements; to provide for funding, property, personnel, and services; to provide for the cumulative nature of such agreements; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Interstate Cooperation.

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

HB 502 HB 503 HB 504 HB 505 HB 506 HB 507 HB 508 HB 509 HB 510 HB 511 HB 512 HB 513 HB 514 HB 515 HB 516 HB 517 HB 518 HB 519 HB 520 HB 521 HB 522 HB 525 HB 526 HB 527

HB 529 HB 534 HB 536 HB 537 HB 538 HB 539 HB 540 HB 541 HB 549 HB 551 HB 554 HB 555 HR 240 HR 253 HR 254 HR 256 HR 270 SB 4 SB 49 SB 99 SB 107 SB 110 SB 121 SR 67

Representative Cooper of the 41st District, 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 House and has instructed me to report the same back to the House

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with the following recommendations:

HB 197 Do Pass, by Substitute HB 309 Do Pass

HB 390 Do Pass, by Substitute HB 467 Do Pass, by Substitute

Respectfully submitted, /s/ Cooper of the 41st
Chairman

The following Resolutions of the House, referred to the House Rules Subcommittee on Invites, were reported by the Committee on Rules with the following recommendations:

HR 255 Do Pass HR 267 Do Pass

Representative Barnard of the 166th 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 House and has instructed me to report the same back to the House with the following recommendation:

HB 106 Do Pass, by Substitute

Respectfully submitted, /s/ Barnard of the 166th
Chairman

Representative O'Neal of the 146th 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 House and has instructed me to report the same back to the House with the following recommendations:

HB 81 Do Pass, by Substitute HB 103 Do Pass, by Substitute

HB 281 Do Pass, by Substitute HB 487 Do Pass, by Substitute

FRIDAY, FEBRUARY 18, 2005

809

Respectfully submitted, /s/ O'Neal of the 146th
Chairman

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

HOUSE RULES CALENDAR FRIDAY, FEBRUARY 18, 2005

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 21st Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

HB 54 HB 266 SB 87 SB 88

Septic tank waste; regulation and permitting; certain land disposal sites Chiropractors; board of examiners; additional authority Georgia Seed Law; preempt certain local ordinances; exemptions Georgia Fertilizer Act; preempt certain local ordinances; exemptions

Modified Open Rule

None

Modified Structured Rule

None

Structured Rule

None

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

Respectfully submitted, /s/ Ehrhart of the 36th
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 Senate:
SB 133. By Senators Balfour of the 9th, Johnson of the 1st and Mullis of the 53rd:
A BILL to be entitled an Act to amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fireworks, so as to change the definition of the term "fireworks"; to prohibit the sale of certain combustible or explosive compositions to persons under 16 years of age; to provide for a monetary penalty for sales made in violation of such prohibition; to provide an effective date; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee:
SB 133. By Senators Balfour of the 9th, Johnson of the 1st and Mullis of the 53rd:
A BILL to be entitled an Act to amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fireworks, so as to change the definition of the term "fireworks"; to prohibit the sale of certain combustible or explosive compositions to persons under 16 years of age; to provide for a monetary penalty for sales made in violation of such prohibition; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
By unanimous consent, the motion for the House to reconsider its action in failing to give the requisite constitutional majority to HB 259, HB 380 and SB 132 was postponed until the next legislative day.
The following members were recognized during the period of Morning Orders and addressed the House:
Jones of the 44th, Lunsford of the 110th, and Keen of the 179th.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:

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811

HR 255. By Representatives Brown of the 69th and Epps of the 128th:

A RESOLUTION recognizing the LaGrange High School Football Team, winners of the 2004 Georgia Class AAA State High School Championship, and inviting the team to appear before the House of Representatives; and for other purposes.

HR 267. By Representative Davis of the 109th:

A RESOLUTION recognizing and commending Brett Warrington for his outstanding athletic performance, 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 House and Senate were taken up for consideration and read the third time:

HB 54. By Representatives Powell of the 29th, Rogers of the 26th and McCall of the 30th:

A BILL to be entitled an Act to amend Code Section 12-8-41 of the Official Code of Georgia Annotated, relating to permits for land disposal of septic tank waste, so as to provide an exception to such Code section; 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 Abdul-Salaam Y Amerson N Anderson E Ashe Y Barnard
Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks
Brown Y Bruce

Y Crawford Y Cummings Y Davis Y Day E Dean Y Dickson E Dodson
Dollar Y Drenner
Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J E Fludd

Y Holmes Y Holt Y Horne E Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James N Jamieson Y Jenkins E Jennings Y Johnson
Jones, J Y Jones, S Y Jordan

Y Maxwell Y May Y McCall
McClinton Y Meadows E Millar Y Miller Y Mills N Mitchell Y Morgan Y Morris Y Mosby
Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal

Sailor Scheid Y Scott, A Y Scott, M Y Setzler E Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield E Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre

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Y Bryant Y Buckner, D N Buckner, G
Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick
Graves, D Y Graves, T Y Greene Y Hanner
Harbin Y Hatfield Y Heard, J E Heard, K
Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A

Keen Y Keown E Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

E Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons N Porter Y Powell Y Ralston N Randall N Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker N Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E E Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 138, nays 9.

The Bill, having received the requisite constitutional majority, was passed.

Due to a mechanical malfunction, the vote of Representative Lucas of the 139th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representatives Forster of the 3rd and Jones of the 46th 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 266. By Representatives Wilkinson of the 52nd, Henson of the 87th, Drenner of the 86th, Burmeister of the 119th, Williams of the 4th and others:

A BILL to be entitled an Act 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 expunge or delete certain violations from the disciplinary record of any licensee; 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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813

Y Abdul-Salaam Y Amerson Y Anderson E Ashe Y Barnard
Barnes Y Bearden N Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks
Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G
Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day E Dean Y Dickson E Dodson
Dollar Y Drenner
Dukes Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Golick Y Graves, D Y Graves, T Y Greene Y Hanner Harbin Y Hatfield Y Heard, J E Heard, K Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A

Y Holmes N Holt Y Horne E Houston
Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson
Jones, J Y Jones, S Y Jordan
Keen Y Keown E Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall
McClinton Y Meadows E Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal E Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall
Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler E Shaw Y Sheldon Y Sims, C Y Sims, F
Sinkfield E Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens
Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren
Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E E Williams, R
Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 143, nays 2.

The Bill, having received the requisite constitutional majority, was passed.

Representatives Jones of the 46th and Stephenson of the 92nd 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 87. By Senators Bulloch of the 11th, Hudgens of the 47th and Kemp of the 46th:

A BILL to be entitled an Act to amend Article 2 of Chapter 11 of Title 2 of the Official Code of Georgia Annotated, the "Georgia Seed Law," so as to

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preempt certain local ordinances relating to seeds; to provide certain exemptions; 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:

N Abdul-Salaam Y Amerson N Anderson E Ashe Y Barnard
Barnes Y Bearden N Beasley-Teague N Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges N Brooks Y Brown N Bruce Y Bryant N Buckner, D Y Buckner, G
Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day E Dean N Dickson E Dodson
Dollar Y Drenner N Dukes Y Ehrhart Y England Y Epps Y Fleming N Floyd, H Y Floyd, J E Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner
Harbin Y Hatfield Y Heard, J E Heard, K
Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A

N Holmes Y Holt Y Horne E Houston N Howard Y Hudson N Hugley N Jackson N Jacobs N James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J N Jones, S N Jordan
Keen Y Keown E Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey N Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin Y Martin

Y Maxwell Y May Y McCall N McClinton Y Meadows E Millar Y Miller Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal Y Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons
Porter Y Powell Y Ralston N Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Sailor Scheid Y Scott, A Y Scott, M Y Setzler E Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield E Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton Y Teilhet N Thomas, A.M Thomas, B Y Tumlin Y Walker Y Warren Watson Y Wilkinson Y Willard N Williams, A N Williams, E E Williams, R Wix Y Yates Richardson, Speaker

On the passage of the Bill, the ayes were 117, nays 36.

The Bill, having received the requisite constitutional majority, was passed.

SB 88. By Senators Bulloch of the 11th, Hudgens of the 47th and Kemp of the 46th:

FRIDAY, FEBRUARY 18, 2005

815

A BILL to be entitled an Act to amend Article 1 of Chapter 12 of Title 2 of the Official Code of Georgia Annotated, the "Georgia Fertilizer Act of 1997," so as to preempt certain local ordinances relating to fertilizer; to provide certain exemptions; 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:

N Abdul-Salaam Y Amerson N Anderson E Ashe Y Barnard
Barnes Y Bearden N Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges N Brooks Y Brown N Bruce Y Bryant N Buckner, D Y Buckner, G
Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day E Dean Y Dickson E Dodson
Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner
Harbin Y Hatfield Y Heard, J E Heard, K
Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A

N Holmes Y Holt Y Horne E Houston N Howard Y Hudson N Hugley N Jackson N Jacobs N James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J N Jones, S N Jordan
Keen Y Keown E Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox N Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall N McClinton Y Meadows E Millar Y Miller Y Mills Y Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal Y Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston N Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler E Shaw Y Sheldon Y Sims, C Y Sims, F
Sinkfield E Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre Y Stanley-Turner Y Stephens N Stephenson Y Talton Y Teilhet N Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren
Watson Y Wilkinson Y Willard N Williams, A N Williams, E E Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 130, nays 27.

The Bill, having received the requisite constitutional majority, was passed.

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Representative Fleming of the 117th assumed the chair.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 281. By Representatives Holmes of the 61st, Thomas of the 55th, Jones of the 44th, Hugley of the 133rd, Randall of the 138th and others:
A RESOLUTION recognizing The Links, Incorporated, and inviting the officers thereof to appear before the House; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 282. By Representatives Rogers of the 26th, Reece of the 27th and Benton of the 31st:
A RESOLUTION remembering and honoring the life of Mrs. Jean W. McRae; and for other purposes.
HR 283. By Representatives Day of the 163rd, Neal of the 1st, Cox of the 102nd, Horne of the 71st, Black of the 174th and others:
A RESOLUTION recognizing and commending the Georgia State Lodge, Fraternal Order of Police for its outstanding service to the law enforcement officers of this state; and for other purposes.
HR 284. By Representatives Rogers of the 26th, Reece of the 27th and Benton of the 31st:
A RESOLUTION remembering and honoring the life of Mr. Edward H. "Ned" Gignilliat; and for other purposes.
HR 285. By Representatives Martin of the 47th and Burkhalter of the 50th:
A RESOLUTION recognizing and commending Ms. Maria Esperanza Suarez; and for other purposes.
HR 286. By Representatives Morgan of the 39th, Brooks of the 63rd, Thomas of the 55th, Abdul-Salaam of the 74th, Orrock of the 58th and others:
A RESOLUTION commending Larry Platt for his priceless and immeasurable contributions to society; and for other purposes.

FRIDAY, FEBRUARY 18, 2005

817

HR 287. By Representative Hill of the 21st:
A RESOLUTION commending Thomas Brumbeloe; and for other purposes.
HR 288. By Representative Hill of the 21st:
A RESOLUTION commending Pat Moody; and for other purposes.
HR 289. By Representative Hill of the 21st:
A RESOLUTION commending Dawn Odum; and for other purposes.
HR 290. By Representative Hill of the 21st:
A RESOLUTION commending Patricia Tanner; and for other purposes.
HR 291. By Representative Hill of the 21st:
A RESOLUTION commending JoEllen Wilson; and for other purposes.
HR 292. By Representatives Hill of the 21st, Byrd of the 20th, Murphy of the 23rd and Scheid of the 22nd:
A RESOLUTION commending the Cherokee High School Warriors football team; and for other purposes.
HR 293. By Representatives Hill of the 21st, Byrd of the 20th, Murphy of the 23rd and Scheid of the 22nd:
A RESOLUTION commending the Sequoyah High School Chiefs football team; and for other purposes.
HR 294. By Representatives Setzler of the 35th, Manning of the 32nd, Ehrhart of the 36th and Tumlin of the 38th:
A RESOLUTION recognizing and commending the Kennesaw Mountain High School Marching Band; and for other purposes.
HR 298. By Representatives Williams of the 165th, Watson of the 91st, Jones of the 44th, Hugley of the 133rd, Mosby of the 90th and others:
A RESOLUTION recognizing the contributions of black contractors in the

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State of Georgia and declaring February 10, 2005, as Black Contractors Day in Georgia; and for other purposes.
Representative Burmeister of the 119th moved that the House do now adjourn until 1:00 o'clock, P.M., Tuesday, February 22, 2005.
Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 1:00 o'clock, P.M., Tuesday, February 22, 2005.

TUESDAY, FEBRUARY 22, 2005

819

Representative Hall, Atlanta, Georgia

Tuesday, February 22, 2005

The House met pursuant to adjournment at 1:00 o'clock, P.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:

Abdul-Salaam Amerson Anderson E Ashe Barnard Barnes Bearden Benfield Benton Bridges Brooks Bryant Burmeister Burns Byrd Carter Casas Chambers Cole Coleman, B Cooper Cox Cummings Davis Dean Dickson E Dodson

England Fleming Floyd, H Floyd, J Fludd Forster Franklin Freeman Geisinger Graves, T Greene Harbin Hatfield Heard, J Heard, K Hembree Henson Hill, C E Hill, C.A Holmes Holt Horne Houston Howard Hugley Jacobs James

Jamieson Jenkins E Jennings Johnson Jones, J Jones, S Jordan Keen Keown E Kidd Knight Knox Lakly E Lane, B Lane, R Lewis Lindsey Lord Loudermilk Lunsford Maddox Marin Maxwell May Meadows Millar

Miller Mills Mitchell Morgan Morris Mosley Mumford Murphy, J Murphy, Q Neal O'Neal E Parham Parsons Porter Powell Ralston Ray Reece, B Reece, S Reese E Roberts Rogers Royal Rynders Scheid E Scott, A

Scott, M Setzler Shaw Sims, F Sinkfield Smith, B Smith, L Smith, P Smith, R Smith, T Smith, V E Stanley-Turner E Stephens Talton Teilhet Thomas, B Tumlin Walker Warren Watson Wilkinson Willard Williams, A Williams, E Williams, R Yates

The following members were off the floor of the House when the roll was called:

Representatives Beasley-Teague of the 65th, Black of the 174th, Bordeaux of the 162nd, Borders of the 175th, Brown of the 69th, Bruce of the 64th, Buckner of the 130th, Burkhalter of the 50th, Butler of the 18th, Channell of the 116th, Cheokas of the 134th, Coan of the 101st, Coleman of the 144th, Crawford of the 127th, Day of the 163rd, Dollar of the 45th, Drenner of the 86th, Dukes of the 150th, Ehrhart of the 36th, Epps of the 128th, Gardner of the 57th, Golick of the 34th, Graves of the 137th, Hanner of the 148th, Heckstall of the 62nd, Hudson of the 124th, Jackson of the 161st, Lucas of the 139th, Mangham of the 94th, Manning of the 32nd, Martin of the 47th, McClinton of the 84th, Mosby of the 90th, Orrock of the 58th, Parrish of the 156th, Randall of the 138th,

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Rice of the 51st, Sailor of the 93rd, Sheldon of the 105th, Sims of the 169th, Smyre of the 132nd, Stephenson of the 92nd, Thomas of the 55th, and Wix of the 33rd.
They wish to be recorded as present.
The following communications were received:
2-22-05
I was out sick on 2-18-2005. My secretary was asked to call the Clerk's Office so that I could be excused. That did not happen. Could you please show in the Journal that I was excused because of illness.
Thank you, /s/ Mike Barnes of the 78th
House of Representatives 332 State Capitol
Atlanta, Georgia 30334
February 17, 2005
Mr. Robbie Rivers, Clerk House of Representatives Room 307 State Capitol Atlanta, Georgia 30334
Dear Clerk:
Pursuant to Rule 11.7 of the Rules, Ethics, and Decorum of the House of Representatives, please let the Journal reflect that I have authorized Representative Mike Barnes, per his request, to be removed from the Banks and Banking Committee and be reassigned to the Transportation Committee.
I have also authorized Speaker Terry Coleman, per his request, to be removed from the Transportation Committee and be reassigned to the Banks and Banking Committee.
These reassignments are effective immediately.
Sincerely,
/s/ Glenn Richardson Glenn Richardson, Speaker House of Representatives

TUESDAY, FEBRUARY 22, 2005

821

GR/gm
cc: Representative James Mills, Chairman, Banks and Banking Committee Representative Vance Smith, Chairman, Transportation Committee Speaker Terry Coleman Representative Mike Barnes
Prayer was offered by Dr. David Bowen, Pastor, First United Methodist Church of Commerce, Commerce, Georgia.
The members pledged allegiance to the flag.
Representative Heard of the 104th, Chairman of the Committee on Information and Audits, 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 were introduced, read the first time and referred to the Committees:
HB 556. By Representative Burkhalter of the 50th:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to repeal certain obsolete statutes relating to taxation and revenue; to repeal provisions

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relating to standards for bound tax digests, separate assessment and appeal of property for school property tax purposes, adjustment of Georgia taxable net income because of certain federal tax treatment of certain capital gains, and required questions about intangible taxes on income tax returns; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 557. By Representative Burkhalter of the 50th:
A BILL to be entitled an Act to amend Chapter 8 of Title 36 of the Official Code of Georgia Annotated, relating to county police, so as to repeal Code Section 36-8-6, relating to duties of county police with respect to inspection of roads and bridges; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety.
HB 558. By Representative Burkhalter of the 50th:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts involving alcoholic beverages, so as to repeal Code Section 3-3-28, relating to reuse, counterfeiting, or forging of tax stamps; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 559. By Representatives Smith of the 70th, Ehrhart of the 36th, Jones of the 46th, Graves of the 12th and Fleming of the 117th:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption from state sales and use tax only with respect to sales of certain energy efficient products for a limited period of time; to provide for a definition; to provide for conditions and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 560. By Representatives Martin of the 47th, Jones of the 46th and Geisinger of the 48th:

TUESDAY, FEBRUARY 22, 2005

823

A BILL to be entitled an Act to amend Code Section 48-5-299 of the Official Code of Georgia Annotated, relating to ascertainment of taxable property, so as to change certain provisions regarding the circumstances under which county boards of tax assessors can change the valuation of real property established on appeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 561. By Representative Willard of the 49th:
A BILL to be entitled an Act to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate court costs and compensation, so as to clarify particular filings in the probate court that will be subject to the additional civil filing fee required by Code Section 15-21A6; to provide for definitions; to amend Code Section 15-21A-6 of the Official Code of Georgia Annotated, relating to the additional filing fee required for certain civil actions, so as to provide for a cross reference; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 562. By Representatives Parsons of the 42nd, Forster of the 3rd, Rogers of the 26th, Crawford of the 127th, Murphy of the 23rd and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the organization and members of the Public Service Commission, so as to define certain terms; to change provisions relating to regulatory assessments on public service corporations and utilities; to increase the annual sum of such assessments; to establish administrative fees for filing certain matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Utilities & Telecommunications.
HB 567. By Representatives Coleman of the 97th, Cummings of the 16th and Bridges of the 10th:
A BILL to be entitled an Act to amend Part 5 of Article 8 of Chapter 2 of Title 47 of the O.C.G.A., relating to retirement benefits for certain law enforcement personnel under the Employees Retirement System of Georgia, so as to increase the normal retirement benefit formula for certain employees of the Department of Corrections, officers and troopers of the Uniform Division of the Department of Public Safety, conservation rangers, alcohol

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and tobacco officers and agents, officers and agents of the Georgia Bureau of Investigation, enforcement officers of the Department of Transportation and the Department of Motor Vehicle Safety, and employees of the State Board of Pardons and Paroles who possess the power of arrest; to provide for retirement after 25 years of service without regard to age for such members; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 568. By Representatives Coleman of the 97th, Bridges of the 10th, Jones of the 46th, Casas of the 103rd and Maxwell of the 17th:
A BILL to be entitled an Act to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service credit toward retirement benefits in the Teachers Retirement System of Georgia, so as to provide that the State Board of Education is authorized to identify certain qualified teachers and grant to such teachers up to one year of creditable service after teaching in an underperforming school for five consecutive years; to provide for notification and payment of funds; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 569. By Representative Martin of the 47th:
A BILL to be entitled an Act to amend Code Section 43-13-10 of the Official Code of Georgia Annotated, relating to exceptions to the operation of the law governing driver training schools, so as to create an exception for driver improvement schools operated solely on private property; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 571. By Representatives Lindsey of the 54th, Willard of the 49th, Smith of the 129th, Chambers of the 81st, Ralston of the 7th and others:
A BILL to be entitled an Act to amend Title 9 of the O.C.G.A., relating to civil practice, so as to provide substantial new procedures relating to the determination of medical malpractice actions; to impose an obligation of presuit investigation on the parties and provide for certain discovery and practice and procedure in connection therewith; to authorize presuit

TUESDAY, FEBRUARY 22, 2005

825

investigation of claims by the courts; to provide for notices prior to filing of actions and discovery and practice and procedure in connection therewith, including an obligation of evaluation by the defendant; to authorize voluntary binding arbitration and provide for the effects of arbitration and refusal to arbitrate; to provide for other matters related to, incidental to, and arising out of the foregoing; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Committee on Civil Justice Reform.
HB 572. By Representatives Lindsey of the 54th, Willard of the 49th, Smith of the 129th, Chambers of the 81st, Ralston of the 7th and others:
A BILL to be entitled an Act to amend Title 24 of the Official Code of Georgia Annotated, relating to evidence, so as to change provisions relating to qualifications of expert witnesses and consideration of their testimony; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Committee on Civil Justice Reform.
HB 573. By Representatives Lindsey of the 54th, Willard of the 49th, Smith of the 129th, Chambers of the 81st, Ralston of the 7th and others:
A BILL to be entitled an Act to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to change certain provisions relating to venue; to change provisions relating to determination of venue in actions against joint defendants and the effect of dismissal of one or more parties; to provide that all joint defendants may elect any county and court in which venue is otherwise proper; to provide that such election shall waive any future objection to the venue selected; to provide for practice and procedure; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Committee on Civil Justice Reform.
HB 574. By Representatives Willard of the 49th, Lindsey of the 54th, Smith of the 129th, Chambers of the 81st, Ralston of the 7th and others:
A BILL to be entitled an Act to amend Article 8 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to provisional and final remedies and special proceedings under the "Georgia Civil Practice Act," so as to provide for offers of judgment; to provide that in certain circumstances,

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when an offer is rejected, the offeree shall be liable for certain attorneys fees and expenses of litigation; to provide for practice and procedure; 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 Special Committee on Civil Justice Reform.
HB 575. By Representatives Lindsey of the 54th, Willard of the 49th, Smith of the 129th, Chambers of the 81st, Ralston of the 7th and others:
A BILL to be entitled an Act to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide that in certain civil actions the plaintiff must file a medical authorization form with the complaint; to provide for defendants access to plaintiffs records; to provide for practice and procedure and related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Committee on Civil Justice Reform.
HR 280. By Representatives Walker of the 107th, Knight of the 126th, Lunsford of the 110th and Lewis of the 15th:
A RESOLUTION designating the Frank G. Harris Memorial Highway; and for other purposes.
Referred to the Committee on Transportation.
HR 295. By Representative Jenkins of the 8th:
A RESOLUTION honoring poet and novelist Byron Herbert Reece by dedicating a portion of U.S. Highway 129 as the "Byron Herbert Reese Memorial Highway"; and for other purposes.
Referred to the Committee on Transportation.
HR 296. By Representative Scott of the 153rd:
A RESOLUTION creating the State Registry Study Commission; and for other purposes.
Referred to the Committee on Governmental Affairs.

TUESDAY, FEBRUARY 22, 2005

827

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

HB 528 HB 530 HB 531 HB 532 HB 533 HB 535 HB 542 HB 543 HB 544 HB 545 HB 546 HB 547

HB 548 HB 550 HB 552 HB 553 HB 563 HB 564 HB 565 HB 566 HB 570 HR 269 SB 133

Representative Mills of the 25th District, Chairman of the Committee on Banks and Banking, submitted the following report:

Mr. Speaker:

Your Committee on Banks and Banking 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 82 Do Pass

Respectfully submitted, /s/ Mills of the 25th
Chairman

Representative Day of the 163rd 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 House and has instructed me to report the same back to the House with the following recommendation:

HB 240 Do Pass, by Substitute

Respectfully submitted,

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/s/ Day of the 163rd Chairman

Representative Bridges of the 10th District, Chairman of the Committee on Retirement, submitted the following report:

Mr. Speaker:

Your Committee on Retirement 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 459 Do Pass, by Substitute HB 460 Do Pass, by Substitute

Respectfully submitted, /s/ Bridges of the 10th
Chairman

The following Resolutions of the House, referred to the House Rules Subcommittee on Invites, were reported by the Committee on Rules with the following recommendations:

HR 251 Do Pass HR 266 Do Pass

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

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 22, 2005

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 22nd Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

HB 50 HB 59 HB 172

Criminal history background checks; authorize national exchange Minimum wage mandates by local governments; change certain provisions Crime Victims Restitution Act of 2005; enact

TUESDAY, FEBRUARY 22, 2005

829

HB 206 HB 299 HB 327
HR 237

Assisted living facilities; Levels I and II; provisions HOPE scholarships; definitions; quarter or semester hour limitation Workers' compensation; electronic documents; injuries; designation; computation House of Representatives; establish redistricting standards

Modified Open Rule

None

Modified Structured Rule

None

Structured Rule

HB 22 HB 203 HR 192

Sales and use tax; certain motor vehicle transactions; change tax situs Ad valorem tax; exempt farm equipment under lease purchase agreement Rules of House; amend Rule 18

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

Respectfully submitted, /s/ Ehrhart of the 36th
Chairman

The Speaker assumed the Chair.

Representative Barnard of the 166th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bills of the House:

HB 259. By Representative Barnard of the 166th:

A BILL to be entitled an Act to provide that future elections for the office of probate judge of Evans County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 380. By Representative Lane of the 167th:

A BILL to be entitled an Act to provide that future elections for the office of

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JOURNAL OF THE HOUSE

chief magistrate of McIntosh County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

Y Abdul-Salaam Y Amerson Y Anderson
Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton
Black Y Bordeaux Y Borders
Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D
Buckner, G Y Burkhalter Y Burmeister Y Burns
Butler Y Byrd Y Carter
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Cooper Y Cox

Crawford Y Cummings
Davis Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Dukes Y Ehrhart Y England Epps Y Fleming Y Floyd, H Y Floyd, J Fludd Forster N Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Hembree Y Henson Y Hill, C E Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs
James Y Jamieson
Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown E Kidd Y Knight Y Knox Y Lakly E Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall
McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris
Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal
Oliver Y O'Neal
Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston N Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice E Roberts Y Rogers Y Royal Y Rynders

Y Sailor Y Scheid E Scott, A Y Scott, M
Setzler Y Shaw
Sheldon Y Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L
Smith, P Y Smith, R Y Smith, T Y Smith, V
Smyre E Stanley-Turner E Stephens
Stephenson Y Talton Y Teilhet
Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix
Yates Richardson, Speaker

On the motion, the ayes were 133, nays 2.

The motion prevailed.
Representative Mangham of the 94th 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.

TUESDAY, FEBRUARY 22, 2005

831

Representative Mosley of the 178th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the Senate:

SB 132. By Senator Williams of the 19th:

A BILL to be entitled an Act to amend an Act providing for the Board of Education of Wayne County, approved January 28, 1994 (Ga. L. 1994, p. 3512), as amended, so as to provide for the nonpartisan election of members of that board; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes

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

Y Abdul-Salaam Y Amerson Y Anderson
Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders
Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns
Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Crawford Y Cummings
Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner
Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Forster N Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C E Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs
James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown E Kidd Y Knight Y Knox Y Lakly E Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall
McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell N Morgan Y Morris
Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal
Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston N Randall Y Ray Y Reece, B
Reece, S Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sailor Y Scheid E Scott, A Y Scott, M
Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L
Smith, P Y Smith, R Y Smith, T Y Smith, V
Smyre E Stanley-Turner E Stephens
Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren
Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E
Williams, R Y Wix
Yates Richardson, Speaker

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On the motion, the ayes were 141, nays 4.
The motion prevailed.
The following Bills of the House and Senate were withdrawn from the General Calendar and recommitted to the Committee on State Planning & Community Affairs Local:
HB 259. By Representative Barnard of the 166th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Evans County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 380. By Representative Lane of the 167th:
A BILL to be entitled an Act to provide that future elections for the office of chief magistrate of McIntosh County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 132. By Senator Williams of the 19th:
A BILL to be entitled an Act to amend an Act providing for the Board of Education of Wayne County, approved January 28, 1994 (Ga. L. 1994, p. 3512), as amended, so as to provide for the nonpartisan election of members of that board; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes
By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Special Rules:
HB 312. By Representatives Freeman of the 140th, May of the 111th, Roberts of the 154th, Golick of the 34th, Smith of the 129th and others:
A BILL to be entitled an Act to amend Title 50 of the O.C.G.A., relating to state government, and Title 45 of the O.C.G.A., relating to public officers and employees, so as to provide for the substantial revision and transfer of certain powers, duties, and authority of the Department of Administrative

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Services, the Georgia Technology Authority, the Office of Planning and Budget, the Board of Regents of the University System of Georgia, the Department of Agriculture, the Department of Veterans Service, and the state accounting officer; to change certain provisions regarding the establishment, powers, purchasing authority, procedures, and limitations and vendor qualification of the Georgia Technology Authority; to change certain provisions regarding powers, purchasing personnel, competitive bidding, emergency purchasing, and prohibited practices with respect to the Department of Administrative Services; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The following members were recognized during the period of Morning Orders and addressed the House:
Murphy of the 120th, Maddox of the 172nd, Warren of the 122nd, Rynders of the 152nd, and Henson of the 87th.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 251. By Representative Morris of the 155th:
A RESOLUTION commending the Robert Toombs Christian Academy Football Team, 2004 Georgia Independent School Association Class A State Champions and inviting the team to appear before the House of Representatives; and for other purposes.
HR 266. By Representative Floyd of the 147th:
A RESOLUTION recognizing and commending Miss Samantha Stephens, 2005 Georgia Watermelon Queen, and inviting her 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 were taken up for consideration and read the third time:
HB 172. By Representatives Golick of the 34th, Roberts of the 154th, Ralston of the 7th, Mumford of the 95th, Miller of the 106th and others:
A BILL to be entitled an Act to enact the "Crime Victims Restitution Act of 2005" so as to substantially revise the laws of this state relating to the conduct of criminal trials and the impact of the criminal justice system on

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victims of crime; to amend Article 5 of Chapter 3 of Title 9 of the O.C.G.A., relating to tolling of limitations in civil cases, so as to provide for a statute of repose in certain tort actions brought by victims of crimes against the persons accused of such crimes; to amend Title 17 of the O.C.G.A., relating to criminal procedure, so as to change the provisions relating to victim impact statements; to amend Code Section 48-7-161 of the O.C.G.A., relating to definitions relating to setoff debt collection, so as to change the provisions relating to collection of restitution for victims of crime; to provide for effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To enact the "Crime Victims Restitution Act of 2005" so as to substantially revise the laws of this state relating to the conduct of criminal trials and the impact of the criminal justice system on victims of crime; to amend Article 5 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to tolling of limitations in civil cases, so as to provide for a statute of repose in certain tort actions brought by victims of crimes against the persons accused of such crimes; to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change the provisions relating to victim impact statements; to codify certain common law procedures relating to the collection of fines and restitution in criminal cases which authorize a fine to be reduced to a judgment and recorded on the general execution docket; to provide that actions to collect fines and restitution may be instituted; to substantially revise the procedures for the award of restitution to victims of crime; to provide for definitions; to provide for a hearing and burden of proof; to provide procedures for certain transfers of property to be set aside; to provide for a statute of limitations on a cause of action based upon a fraudulent transfer; to amend Code Section 48-7-161 of the Official Code of Georgia Annotated, relating to definitions relating to setoff debt collection, so as to change the provisions relating to collection of restitution for victims of crime; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Crime Victims Restitution Act of 2005."
SECTION 2. Article 5 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to tolling of limitations of actions, is amended by inserting a new Code Section 9-3-99 to

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read as follows: "9-3-99. The running of the period of limitations with respect to any cause of action in tort that may be brought by the victim of a crime committed in this state shall be tolled from the date of the commission of the crime or the act giving rise to such action in tort until the prosecution of such crime or act has become final or otherwise terminated, provided that such time does not exceed six years."
SECTION 3. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking in its entirety Code Section 17-10-1.1, relating to judicial consideration of victim impact statements, and inserting in lieu thereof the following:
"17-10-1.1. (a)(1) A prosecuting attorney bringing charges against a defendant shall notify, where practical, the alleged victim or, when the victim is no longer living, a member of the victims family of his or her right under certain circumstances to submit a victim impact statement:
(A)(1) Where the charge is a felony, if the defendant allegedly caused physical, psychological, or, if restitution is sought, economic injury to the victim; or (B)(2) Where the charge is a misdemeanor, if the defendant allegedly caused serious physical injury or death to the victim. (2) A victim impact statement submitted by a victim shall be attached to the case file and may be used by the prosecuting attorney or the judge during any stage of the proceedings against the defendant involving predisposition, plea bargaining, sentencing, or determination of restitution. (b) A victim impact statement shall: (1) Identify the victim of the offense and the perpetrator; (2) Itemize any economic loss suffered by the victim as a result of the offense; (3) Identify any physical injury suffered by the victim as a result of the offense along with its seriousness and permanence; (4) Describe any change in the victims personal welfare or familial relationships as a result of the offense; (5) Identify any request for psychological services initiated by the victim or the victims family as a result of the offense; and (6) Contain any other information related to the impact of the offense upon the victim that the court requires. (c) The State Board of Pardons and Paroles shall establish a form document which shall include the elements set forth in subsection (b) of this Code section and shall make copies of such form available to prosecuting attorneys in the state. When requested by the victim, the victim impact statement form document shall be provided to the victim by the prosecuting attorney. The form shall include the address of the State Board of Pardons and Paroles and contain a statement that the victim must

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maintain a copy of his or her address with the State Board of Pardons and Paroles and must notify the board of any change of address. (d) The victim may complete the victim impact statement form and submit such form to the appropriate prosecuting attorney charged with the prosecution of the case. If the victim is unable to do so because of such victims mental, emotional, or physical incapacity, or because of such victims age, the victims attorney or a family member may complete the victim impact statement form on behalf of the victim. The prosecuting attorney shall file any such written victim impact statement, if in existence at that time, with the court.
(e)(1) The court prosecuting attorney shall, in the manner prescribed by rule of court, provide the defendant with a copy of the victim impact statement within a reasonable period of time prior to any stage of the proceedings against the defendant involving predisposition or plea bargaining, and within a reasonable period of time, but not less than ten days, prior to any hearing at which it is to be considered and sentencing or determination of restitution is being considered so as to allow the defendant to have the opportunity to respond to and rebut the victims written statements victim impact statement. (2) The court shall consider the victim impact statement prior to sentencing or any determination of restitution. (f) If for any reason a victim was not allowed an opportunity to make a written victim impact statement, the victim may submit a victim impact statement to the State Board of Pardons and Paroles in any case prior to consideration of parole. (g) No sentence shall be invalidated because of failure to comply with the provisions of this Code section. This Code section shall not be construed to create any cause of action or any right of appeal on behalf of any person."
SECTION 4. Said title is further amended by adding a new Code Section 17-10-20 at the end of Article 1, to read as follows:
"17-10-20. (a) In any case in which a fine or restitution is imposed as part of the sentence, such fine and restitution shall constitute a judgment against the defendant. Upon the request of the prosecuting attorney, it shall be the duty of the clerk of the sentencing court to issue a writ of fieri facias thereon and enter it on the general execution docket of the superior court of the county in which such sentence was imposed. Such fieri facias may also be entered on the general execution docket in any county in which the defendant owns real property. (b) If, in imposing sentence, the court sets a time certain for such fine or restitution to be paid in full, no execution shall issue upon the writ of fieri facias against the property of the defendant until such time as the time set by the court for payment of the fine or restitution shall have expired. (c) If the fine or restitution is not paid in full, such judgment may be enforced by instituting any procedure for execution upon the writ of fieri facias through levy,

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foreclosure, garnishment, and all other actions provided for the enforcement of judgments in the State of Georgia and in other states and foreign nations where such judgment is afforded full faith and credit under the Uniform Foreign Money Judgments Act or domestication thereof. (d) If the fine is not paid in full by the expiration of the time set by the court for payment of the fine, the governing authority of the county or municipality entitled to such fine may institute procedures to enforce such judgment as provided by subsection (c) of this Code section. (e) If the restitution is not paid in full by the expiration of the time set by the court for payment of the restitution, the prosecuting attorney or the victim entitled to receive such restitution may institute procedures to enforce such judgment as provided by subsection (c) of this Code section. (f) Notwithstanding the provisions of Code Section 9-12-60, a judgment entered on the general execution docket pursuant to this Code section shall not become dormant during any period when the defendant is incarcerated and for seven years thereafter. Such judgment shall be subject to revival in the same manner as provided for dormant judgments under Code Section 9-12-60. (g) No fees, costs, or other charges authorized by law in civil cases shall be charged by a clerk of superior court for entering a judgment arising out of a criminal case on the general execution docket or for any action brought by the state to enforce such judgment. (h) The provisions of this Code section shall be supplemental to any other provision of law applicable to the collection of fines or restitution in criminal cases."
SECTION 5. Said title is further amended by striking Article 1 of Chapter 14, relating to restitution, in its entirety and inserting in lieu thereof a new Article 1 to read as follows:
"ARTICLE 1
17-14-1. It is declared to be the policy of this state that restitution to their victims by those found guilty of crimes or adjudicated as having committed delinquent acts is a primary concern of the criminal justice system and the juvenile justice system.
17-14-2. As used in this article, the term:
(1) 'Board' means the State Board of Pardons and Paroles. 'Conviction' means an adjudication of guilt of or a plea of guilty or nolo contendere to the commission of an offense against the laws of this state. Such term includes any such conviction or plea, notwithstanding the fact that sentence was imposed pursuant to Article 3 of Chapter 8 of Title 42. Such term also includes the adjudication or plea of a juvenile to the

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commission of an act which, if committed by an adult, would constitute a crime under the laws of this state. (2) 'Damages' means all special damages which a victim could recover against an offender in a civil action, including a wrongful death action, based on the same act or acts for which the offender is sentenced, except punitive damages and damages for pain and suffering, mental anguish, or loss of consortium. Such special damages shall not be limited by any law which may cap economic damages. Special damages may include the reasonably determined costs of transportation to and from court proceedings related to the prosecution of the crime. (3) 'Department' means the Department of Corrections. (4)(3) 'Offender' means any natural person, firm, partnership, association, public or private corporation, or other legal entity who that has been placed on probation under Article 3 of Chapter 8 of Title 42 or sentenced for any crime or any juvenile who has been adjudged delinquent or unruly. (5)(4) 'Ordering authority' means the:
(A) A court of competent jurisdiction,; (B) The the State Board of Pardons and Paroles,; (C) The the Department of Corrections, or; (D) The Department of Juvenile Justice; or (E) Any any combination thereof, as is required by the context. (5) 'Parent' means a person who is the legal mother as defined in paragraph (10.2) of Code Section 15-11-2, the legal father as defined in paragraph (10.1) of Code Section 15-11-2, or the legal guardian. Such term shall not include a foster parent. (6) 'Relief' means any suspended or probated sentence, including probation imposed under Article 3 of Chapter 8 of Title 42; any parole or other conditional release from incarceration; the awarding of earned time allowances; reduction in security status; or placement in prison rehabilitation programs, including, but not limited to, those in which the offender receives monetary compensation. (7) 'Restitution' means any property, lump sum, or periodic payment ordered to be made by any offender or other person to any victim by any ordering authority. Where the victim is a public corporation or governmental entity or where the offender is a juvenile, restitution may also be in the form of services ordered to be performed by the offender. (8) 'Restitution order' means any order, decree, or judgment of an ordering authority which requires an offender to make restitution as a condition or term of any relief granted to an offender. (9) 'Victim' means any: (A) Natural natural person or his or her personal representative or, if the victim is deceased, his or her estate; or (B) Any any firm, partnership, association, public or private corporation, or governmental entity suffering damages caused by an offenders unlawful act; provided, however, that the term 'victim' shall not include any person who is concerned in the commission of such

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unlawful act as defined in Code Section 16-2-20.
17-14-3. (a) Subject to the provisions of Code Section 17-14-10, notwithstanding the provisions contained in Chapter 11 of Title 15, and in addition to any other penalty imposed by law, a The judge of any court of competent jurisdiction may shall order that an adult offender to make full restitution as a condition of any relief ordered by the court. The board may order that an adult offender make restitution as a condition of any relief ordered by the board. The department may order that an adult offender make restitution as a condition of any relief ordered by the department to any victim. (b) If the offender is placed on probation, including probation imposed pursuant to Chapter 11 of Title 15 or Article 3 of Chapter 8 of Title 42, or sentence is suspended, deferred, or withheld, restitution ordered under this Code section shall be a condition of that probation, sentence, or order. (c) If the offender is granted relief by the Department of Juvenile Justice, Department of Corrections, or the State Board of Pardons and Paroles, the terms of any court order requiring the offender to make restitution to a victim shall be a condition of such relief in addition to any other terms or conditions which may apply to such relief.
17-14-4. Notwithstanding any provision of Code Section 42-9-45 to the contrary, the board State Board of Pardons and Paroles may grant parole prior to the completion of one-third of the sentence if restitution is ordered as a condition of the parole.
17-14-5. (a) The juvenile courts are expressly directed to consider the strong policy of this state in favor of restitution but are not required to place the goal of restitution by juveniles above the goal of rehabilitation or treatment of delinquent or unruly juveniles. It is, however, declared to be the policy of this state to recognize that the goal of restitution is consistent with the goal of rehabilitation of delinquent or unruly juveniles and to seek to provide restitution in such cases. (b) Notwithstanding any provision of Chapter 11 of Title 15, the The juvenile courts are expressly authorized to order restitution as a condition or limitation of the probation of shall order restitution in any case involving delinquent or unruly juveniles in the same manner as is authorized by this article for adult offenders. (c) For purposes of ensuring compliance with the restitution order, the juvenile courts are authorized to retain jurisdiction over a juvenile subject to a to such restitution order for a reasonable period after the juvenile reaches the age of majority until the juvenile reaches 21 years of age. If the juvenile court retains jurisdiction of such offender as provided in this Code section and the terms of the restitution order are not completed before the offenders twenty-first birthday, the juvenile court shall transfer the restitution order to the superior court.

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(d) As an alternative to subsection (c) of this Code section, the juvenile courts are authorized to transfer to the superior courts, and the superior courts are authorized to accept, jurisdiction over enforcement of restitution orders against juveniles who, since entry of the order, have attained the age of majority 18 years of age. (e) If the court determines that a juvenile is or will be unable to pay all of the restitution ordered, after notice to the juveniles parent or parents and an opportunity for the parent or parents to be heard, the court may order the parent or parents to pay any portion of the restitution ordered that is outstanding where the court finds by clear and convincing evidence that the parent or parents knew or should have known of the juveniles propensity to commit such acts and the acts are due to the parents or parents negligence or reckless disregard for the juveniles propensity to commit such acts. Upon the eighteenth birthday of the juvenile, the parental obligation to pay restitution shall be terminated. (f) If the court orders a parent to pay restitution under subsection (e) of this Code section, the court shall take into account the considerations identified in Code Section 17-14-10. If the parent or parents are required to pay restitution under subsection (e) of this Code section, the court shall provide for payment to be made in specified installments and within a specified period of time.
17-14-6. (a) Where an offender has made total or partial restitution to a victim, the ordering authority shall consider the fact of such restitution in considering any case within its power set off any such amounts and reduce the amount payable to the victim. (b) The ordering authority shall not order restitution to be paid to a victim or victims estate if the victim or victims estate has received or is to receive full compensation for that loss from the offender as a result of a civil proceeding. (c) Any amount paid to a victim or victims estate under a restitution order shall reduce the amount payable to a victim or a victims estate by an award from the Georgia Crime Victims Compensation Board made prior to or after a restitution order under this article. (d) The ordering authority shall order restitution be paid to the Georgia Crime Victims Compensation Board, other governmental entities, or to any individuals, partnerships, corporations, associations, or other legal entities acting on behalf of a governmental entity that have compensated the victim or the victims estate for a loss incurred by the victim to the extent of the compensation paid for that loss. The ordering authority shall also order restitution for the costs of services provided to persons or entities that have provided services to the victim as a result of the crime. Services that are subject to restitution under this subsection include, but are not limited to, shelter, food, clothing, and transportation. However, a restitution order shall require that all restitution to a victim or victims estate under the restitution order be made before any restitution to any other person or entity under that restitution order is made. (e) In the event the ordering authority provides for a setoff or priority in terms of payment of restitution, the ordering authority shall state on the record with specificity the reasons for its action.

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17-14-7. (a) Any offender may offer a restitution plan to the ordering authority. If a plan is offered, it shall be the duty of the ordering authority to consider the factors stated in Code Section 17-14-10 and to make the plan part of a restitution order if acceptable to the ordering authority. (b) If the parties have not agreed on the amount of restitution prior to sentencing, the ordering authority shall set a date for a hearing to determine restitution. Any dispute as to the proper amount or type of restitution shall be resolved by the ordering authority by the preponderance of the evidence. The burden of demonstrating the amount of the loss sustained by a victim as a result of the offense shall be on the state. The burden of demonstrating the financial resources of the offender or person being ordered to pay restitution and the financial needs of his or her dependents shall be on the offender or person being ordered to pay restitution. The burden of demonstrating such other matters as the ordering authority deems appropriate shall be upon the party designated by the ordering authority as justice requires. (c) If the ordering authority finds that more than one offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount of restitution or may apportion liability among the offenders to reflect the level of contribution to the victims loss and economic circumstances of each offender. (d) If the ordering authority finds that more than one victim has sustained a loss requiring restitution by an offender, the court may provide for a different payment schedule for each victim based on the type and amount of each victims loss and accounting for the economic circumstances of each victim. In any case in which the state or any of its political subdivisions is a victim and thus is due restitution, the ordering authority shall ensure that any other victim receives full restitution before the state or a political subdivision receives restitution. (e) A victim may waive his or her right to obtain restitution pursuant to this chapter. Any such waiver shall be made in writing and filed with the court or ordering authority having jurisdiction over the criminal case. Such waiver shall not affect any other rights or remedies that the victim may have against the offender under the laws of this state or the United States or any of the several states.
17-14-8. (a) In deciding any case subject to this article, before granting any relief the ordering authority shall make a written finding either:
(1) That there are no victims to whom restitution should be made under the policy of this state; (2) That the circumstances of the case are such that no restitution order or plan is reasonably possible; (3) That the offender, in cooperation with the ordering authority, has developed and consented to a plan of restitution, which plan shall be made a part of a restitution order; or (4) That restitution will be ordered as a condition of the relief.

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(b) The failure to make a finding as required by this Code section, however, shall not invalidate any order or other action of the ordering authority. (a) In any case in which a court sentences an offender to pay restitution and a fine, if the court permits the offender to pay such restitution and fine in other than a lump sum, the clerk of any superior court of this state, probation officer or parole officer, or other official who receives such partial payments shall apply not less than one-half of each payment to the restitution before paying any portion of such fine or any forfeitures, costs, fees, or surcharges provided for by law to any agency, department, commission, committee, authority, board, or bureau of state or local government. (b) The clerk of any court of this state, probation officer or parole officer, or other official who receives partial payments for restitution shall pay the restitution amount to the victim as provided in the restitution order not later than the last day of each month, provided that the amount exceeds $100.00. If the amount does not exceed $100.00, the clerk of any court of this state, probation officer or parole officer, or other official may allow the amount of restitution to accumulate until such time as it exceeds $100.00 or until the end of the next calendar quarter, whichever occurs first.
17-14-9. The amount of restitution ordered may be equal to or less than, but not more than, shall not exceed the victims damages.
17-14-10. (a) In determining the nature and amount of restitution, the ordering authority shall consider:
(1) The present financial condition resources and other assets of the offender and his dependents or person ordered to pay restitution including whether any of the assets are jointly controlled; (2) The probable future earning capacity of the offender and his dependents earnings and other income of the offender or person ordered to pay restitution; (3) Any financial obligations of the offender or person ordered to pay restitution, including obligations to dependents; (3)(4) The amount of damages; (4)(5) The goal of restitution to the victim and the goal of rehabilitation of the offender; (5)(6) Any restitution previously made; (6)(7) The period of time during which the restitution order will be in effect; and (7)(8) Other appropriate factors which the ordering authority deems to be appropriate. (b) If, subsequent to restitution being ordered pursuant to this article, a victim is
convicted of a crime for which restitution is ordered, the ordering authority shall consider the previously ordered restitution as part of the financial resources of such victim.

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17-14-11. An order for restitution shall not bar any civil action against the offender. However, any payments made by an offender to a victim under an order for restitution may be a setoff against any judgment awarded to the victim in a civil action based on the same facts for which restitution was ordered. The fact of restitution or a restitution order under this article shall not be placed before the jury on the issue of liability. If the amount of restitution made is in dispute and liability is established, the court shall order further appropriate proceedings to determine the amount of setoff.
17-14-12. The ordering authority shall retain jurisdiction to modify a restitution order at any time before the expiration of the relief ordered.
17-14-13. (a) A restitution order shall be enforceable as is a civil judgment by execution as provided in Code Section 17-10-20. (b) If an offender or other person ordered to pay restitution willfully refuses to comply with a restitution order, the order, in the discretion of the court, may be enforced by attachment for contempt, upon the application of the prosecuting attorney or the victim. (c) Failure to comply with a restitution order may, in the discretion of the ordering authority, be grounds to revoke or cancel the relief at any time the restitution order is in effect. Where the relief is earned time allowances, the department Department of Corrections may suspend the offender from earning earned time allowances for a specified period of time. (d) When an inmate offender has been ordered to make restitution for any damage to state property caused by such offender, the department may order the seizure of all moneys in or coming into the monetary account of the inmate offender.
17-14-14. (a) Payments pursuant to an order for restitution shall be made to the clerk of the court or to any other person, for the benefit of the victim or victims, as the ordering authority shall order. (b) In each case in which payment of restitution is ordered as a condition of probation or parole, the ordering authority may require any employed offender to execute a wage assignment to pay the restitution. (c) Until such time as the restitution has been paid or the sentence has been completed, the clerk of court or the probation or parole officer assigned to the case, whoever is responsible for collecting restitution, shall review the case not less frequently than twice yearly to ensure that restitution is being paid as ordered. If the restitution was ordered to be made within a specific period of time, the case shall be reviewed at the end of the specific period of time to determine if the restitution has been paid in full. The final review shall be conducted before the sentence or probationary or parole period expires. If it is determined at any review that restitution is not being paid as

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ordered, a written report of the violation shall be filed with the court on a form prescribed by the Council of Superior Court Clerks of Georgia. (d) If the ordering authority permits the offender to pay restitution in other than a lump sum, the ordering authority may require the offender to pay interest on the amount of restitution due the victim or the victims estate. Such interest shall be set at the same rate as is provided by Code Section 7-4-12 for judgments.
17-14-15. (a) Nothing in this article shall authorize peonage; and this article shall be construed and diligently administered to prevent peonage. (b) No offender shall be denied any benefit, relief, or privilege to which he or she might otherwise be entitled or eligible solely because he or she is financially unable and cannot become financially able to make restitution.
17-14-16. This article shall not be construed to limit or abrogate any power of any court, agency, or board to place other conditions, limits, terms, rules, or regulations on any relief in the nature of suspension of sentence, probation, parole, pardon, or restoration of rights. If an offender who is ordered to pay restitution under this article is remanded to the jurisdiction of the Department of Corrections or the Department of Juvenile Justice, the court shall provide a copy of the restitution order to such department when the offender is remanded to such departments jurisdiction.
17-14-17. (a) For purposes of this Code section only, the term:
(1) 'Conviction' means a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought. (2) 'Victim' means any natural person against whom a crime specified in Chapter 7 or 8 of Title 16 has been committed. (b) Notwithstanding the provisions of Code Section 17-14-3, the judge of any court of competent jurisdiction shall order that an adult offender, upon a conviction of any crime specified in Chapter 7 or 8 of Title 16, make restitution to any victim as a condition of any relief ordered by the court. (c) The amount of restitution ordered shall be equal to the unreimbursed or uncompensated portion of the victims damages. (d) For purposes of this Code section only, the court is not required to make any written findings in accordance with Code Section 17-14-8 when ordering restitution; provided, however, that a court may order a restitution plan in accordance with the provisions of Code Sections 17-14-7 and 17-14-10. (e) The provisions of Code Sections 17-14-11 through 17-14-16 shall apply to any restitution orders issued in accordance with this Code section. (a) The state or the victim of a crime may institute an action against an offender pursuant to Article 4 of Chapter 2 of Title 18, the 'Uniform Fraudulent Transfers Act,'

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to set aside a transfer of real, personal, or other property made voluntarily by the offender on or after the date of the crime committed by the offender against the victim with the intent to:
(1) Conceal the crime or the fruits of the crime; (2) Hinder, delay, or defraud any victim; or (3) Avoid the payment of restitution. (b) Any such action shall be filed within four years of the date the crime was committed.
17-14-18. If a person or entity entitled to restitution cannot be located or refuses to claim such restitution within two years after the date on which he or she could have claimed such restitution, the restitution paid to such person or entity shall be deposited in the Crime Victims Emergency Fund created pursuant to Chapter 15 of Title 17 or its successor fund. However, a person or entity entitled to such restitution may claim such restitution any time within five years of the date on which he or she could have claimed such restitution by applying in writing to Georgia Crime Victims Compensation Board. Upon receipt of such application and verification that the person making the claim is in fact entitled to such restitution, the Georgia Crime Victims Compensation Board shall pay such restitution to the person or entity.
17-14-19. This article shall not be construed to limit or abrogate any power of any court, agency, or board to place other conditions, limits, terms, rules, or regulations on any relief in the nature of suspension of sentence, probation, parole, pardon, or restoration of rights."
SECTION 6. Said title is further amended by striking subsection (b) of Code Section 17-15-5, relating to the filing of victim compensation claims, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) A claim must be filed by the claimant not later than one year after the occurrence of the crime upon which such claim is based or not later than one year after the death of the victim; provided, however, that, upon good cause shown, the board may extend that time for filing for a period not exceeding two three years after such occurrence. Claims shall be filed in the office of the board in person or by mail."
SECTION 7. Code Section 48-7-161 of the Official Code of Georgia Annotated, relating to definitions regarding setoff debt collection, is amended by striking subparagraphs (E) and (F) of paragraph (1) and inserting in lieu thereof new subparagraphs (E), (F), (G), and (H) to read as follows:
"(E) The Department of Labor with respect to the collection of debts arising under Code Sections 34-8-254 and 34-8-255 and Article 5 of Chapter 8 of Title 34, with

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the exception of Code Sections 34-8-158 through 34-8-161; provided, however, that the Department of Labor establishes that the debtor has been afforded required due process rights by such Department of Labor with respect to the debt and all reasonable collection efforts have been exhausted; and (F) The Department of Corrections with respect to probation fees arising under Code Section 42-8-34 and restitution or reparation ordered by a court as a part of the sentence imposed on a person convicted of a crime and placed on probation by the court if such person has absconded or ended probation in warrant status. who is in the legal custody of the department; (G) The State Board of Pardons and Paroles with respect to restitution imposed on a person convicted of a crime and subject to the jurisdiction of the board; and (H) The Department of Juvenile Justice with respect to restitution imposed on a juvenile for a delinquent act which would constitute a crime if committed by an adult."

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:

N Abdul-Salaam Y Amerson N Anderson Y Ashe Y Barnard Y Barnes Y Bearden N Beasley-Teague N Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges Y Brooks Y Brown N Bruce N Bryant Y Buckner, D Y Buckner, G Y Burkhalter

Y Crawford Y Cummings Y Davis Y Day N Dean Y Dickson E Dodson Y Dollar N Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman N Gardner

N Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson N Hugley N Jackson Y Jacobs Y James N Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S N Jordan Y Keen Y Keown E Kidd Y Knight

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal N Oliver Y O'Neal N Orrock E Parham

N Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre E Stanley-Turner E Stephens Y Stephenson Y Talton

TUESDAY, FEBRUARY 22, 2005

847

Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A

Y Knox Y Lakly E Lane, B Y Lane, R Y Lewis Y Lindsey N Lord Y Loudermilk N Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Parrish Y Parsons Y Porter Y Powell Y Ralston N Randall Y Ray N Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 143, nays 29.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 299. By Representatives Hembree of the 67th, Ehrhart of the 36th, Martin of the 47th and Smith of the 113th:

A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to provide for certain definitions; to limit the number of quarter or semester hours for which HOPE scholarships may be received at public and private postsecondary institutions; 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 Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to provide for certain definitions; to limit the number of quarter or semester hours for which HOPE scholarships may be received at public and private postsecondary institutions; to provide for students in professional level programs; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

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Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, is amended by striking paragraphs (7) and (8) of Code Section 20-3-519, relating to definitions relating to HOPE scholarships and grants, and inserting in lieu thereof new paragraphs (7) and(8) to read as follows:
"(7) 'Eligible postsecondary institution' means a school which is: (A) A unit of the University System of Georgia; (B) A branch of the Georgia Department of Technical and Adult Education or an affiliated institution which is controlled by a local board of education; (C) A private independent nonprofit postsecondary institution eligible for tuition equalization grants in accordance with the provisions of subparagraph (A) of paragraph (2) of Code Section 20-3-411; or (D)(i) A private proprietary postsecondary institution eligible for tuition equalization grants in accordance with the provisions of subparagraph (C) of paragraph (2) of Code Section 20-3-411 located in this state which is a baccalaureate degree-granting institution of higher education; which is accredited by a regional accrediting agency recognized by the United States Department of Education; which is not a Bible school or college or, at the graduate level, a school or college of theology or divinity; which admits as regular students only persons who have a high school diploma, a general educational development (GED) diploma, or a degree from an accredited postsecondary institution; whose students are eligible to participate in the federal Pell Grant program; which has been reviewed and approved for operation by the Georgia Nonpublic Postsecondary Education Commission; and which has been in existence for at least ten years; or (ii) Any proprietary institution that is otherwise qualified pursuant to division (i) of this subparagraph on July 1, 1995, shall be deemed to be eligible for receipt of HOPE funds subject to any subsequent review of such approval pursuant to any proper regulations which may thereafter be adopted in accordance with paragraph (10) of subsection (b) of Code Section 20-3-250.5 applicable to all qualified proprietary institutions.
(8) 'Eligible private postsecondary institution' means an eligible postsecondary institution which meets the criteria set out in subparagraph subparagraphs (C) and (D) of paragraph (7) of this Code section."
SECTION 2. Said part is further amended by striking Code Section 20-3-519.2, relating to eligibility requirements for a HOPE scholarship at a public postsecondary institution, and inserting in lieu thereof a new Code Section 20-3-519.2 to read as follows:
"20-3-519.2. (a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate a 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

TUESDAY, FEBRUARY 22, 2005

849

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 Code Section 202-157; 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 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 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. (b) To be eligible for a HOPE scholarship, a sophomore student seeking an associate or baccalaureate a 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:

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(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. (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

TUESDAY, FEBRUARY 22, 2005

851

(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 quarter or semester in which the full-time student has attempted 90 or 135 quarter hours or 60 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 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 prior to the fall quarter or semester beginning after July 1, 2005, 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

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(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."
SECTION 3. Said part is further amended by striking Code Section 20-3-519.3, relating to eligibility requirements for a HOPE scholarship at a private postsecondary institution, and inserting in lieu thereof a new Code Section 20-3-519.3 to read as follows:
"20-3-519.3. (a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate a 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:

TUESDAY, FEBRUARY 22, 2005

853

(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 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 a 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:
(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 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

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(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 (B) Being registered for and attending classes as 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; (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 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.

TUESDAY, FEBRUARY 22, 2005

855

(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 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 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 prior to the fall quarter or semester beginning after July 1, 2005, 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 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 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:

N Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard
Barnes Y Bearden N Beasley-Teague N Benfield Y Benton N Black N Bordeaux N Borders Y Bridges N Brooks Y Brown N Bruce N Bryant N Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers N Channell N Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T Y Cooper Y Cox

N Crawford N Cummings Y Davis Y Day N Dean Y Dickson E Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T N Greene N Hanner Y Harbin Y Hatfield N Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A

N Holmes Y Holt Y Horne Y Houston N Howard
Hudson N Hugley N Jackson N Jacobs N James N Jamieson N Jenkins E Jennings N Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown E Kidd Y Knight Y Knox Y Lakly E Lane, B Y Lane, R Y Lewis Y Lindsey N Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin Y Martin

Y Maxwell Y May Y McCall N McClinton Y Meadows Y Millar Y Miller Y Mills N Mitchell N Morgan N Morris N Mosby Y Mosley N Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock E Parham N Parrish Y Parsons N Porter N Powell Y Ralston N Randall Y Ray N Reece, B Y Reece, S Y Reese Y Rice Y Roberts N Rogers Y Royal Y Rynders

N Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler N Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre E Stanley-Turner E Stephens N Stephenson Y Talton N Teilhet
Thomas, A.M N Thomas, B N Tumlin Y Walker N Warren N Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 93, nays 76.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Thomas of the 55th 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.

Representative Bordeaux of the 162nd gave notice that at the proper time he would

TUESDAY, FEBRUARY 22, 2005

857

move that the House reconsider its action in giving the requisite constitutional majority to HB 299.

The Speaker Pro Tem assumed the Chair.

HB 59. By Representatives Ehrhart of the 36th and Lunsford of the 110th:

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 change provisions relating to the prohibition of local government wage and employment benefit mandates; to provide that no local government entity may through its purchasing or contracting procedures seek to control or affect the wages or employment benefits provided by its vendors, contractors, service providers, or other parties doing business with the local government entity; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following amendment was read:

Representative Smyre of the 132nd et al. move to amend HB 59 by adding after the word "entity" where it appears on lines 15 and 19 of page 2 the following:

"except as required by federal law, rule, or regulation".

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

Y Abdul-Salaam N Amerson Y Anderson Y Ashe
Barnard Barnes N Bearden Y Beasley-Teague Y Benfield N Benton Y Black Y Bordeaux Y Borders N Bridges Y Brooks N Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Burkhalter

N Crawford Y Cummings N Davis N Day Y Dean N Dickson E Dodson N Dollar Y Drenner Y Dukes N Ehrhart N England Y Epps N Fleming Y Floyd, H N Floyd, J E Fludd N Forster N Franklin N Freeman Y Gardner

Y Holmes N Holt N Horne N Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James N Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan N Keen N Keown E Kidd N Knight

N Maxwell N May N McCall Y McClinton N Meadows N Millar N Miller N Mills Y Mitchell Y Morgan N Morris Y Mosby N Mosley N Mumford N Murphy, J Y Murphy, Q N Neal Y Oliver N O'Neal Y Orrock E Parham

Y Sailor N Scheid N Scott, A N Scott, M N Setzler Y Shaw N Sheldon N Sims, C Y Sims, F Y Sinkfield N Smith, B N Smith, L Y Smith, P N Smith, R N Smith, T N Smith, V Y Smyre E Stanley-Turner E Stephens Y Stephenson N Talton

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N Burmeister N Burns N Butler N Byrd N Carter N Casas E Chambers N Channell N Cheokas N Coan N Cole N Coleman, B
Coleman, T N Cooper N Cox

N Geisinger N Golick N Graves, D N Graves, T E Greene Y Hanner N Harbin N Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree Y Henson N Hill, C
Hill, C.A

N Knox N Lakly E Lane, B N Lane, R N Lewis N Lindsey Y Lord N Loudermilk Y Lucas N Lunsford N Maddox Y Mangham N Manning Y Marin N Martin

N Parrish N Parsons Y Porter N Powell N Ralston Y Randall N Ray Y Reece, B N Reece, S N Reese N Rice N Roberts
Rogers N Royal N Rynders

Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin N Walker Y Warren Y Watson N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Richardson, Speaker

On the adoption of the amendment, the ayes were 64, nays 98.

The amendment was lost.

Representative Jones of the 46th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

The following amendment was read:

Representative Smyre of the 132nd et al. move to amend HB 59 by adding after the word "entity" where it appears on lines 15 and 19 of page 2 the following:

"except that this prohibition shall not apply with respect to contracts or projects related to security services".

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

Y Abdul-Salaam N Amerson Y Anderson Y Ashe
Barnard Barnes N Bearden Y Beasley-Teague Y Benfield N Benton N Black Y Bordeaux Y Borders N Bridges Y Brooks

N Crawford Y Cummings N Davis N Day Y Dean N Dickson E Dodson N Dollar Y Drenner Y Dukes N Ehrhart N England Y Epps N Fleming Y Floyd, H

Y Holmes N Holt N Horne N Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson N Jones, J

N Maxwell N May N McCall Y McClinton N Meadows N Millar N Miller N Mills Y Mitchell Y Morgan N Morris Y Mosby N Mosley N Mumford N Murphy, J

Y Sailor N Scheid N Scott, A N Scott, M N Setzler Y Shaw N Sheldon N Sims, C Y Sims, F Y Sinkfield N Smith, B N Smith, L Y Smith, P N Smith, R N Smith, T

TUESDAY, FEBRUARY 22, 2005

859

N Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G
Burkhalter N Burmeister N Burns N Butler N Byrd N Carter N Casas E Chambers N Channell N Cheokas N Coan N Cole N Coleman, B
Coleman, T N Cooper N Cox

N Floyd, J E Fludd N Forster N Franklin N Freeman Y Gardner N Geisinger N Golick N Graves, D N Graves, T E Greene Y Hanner N Harbin N Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree Y Henson N Hill, C
Hill, C.A

Y Jones, S Y Jordan N Keen N Keown E Kidd N Knight N Knox N Lakly E Lane, B N Lane, R N Lewis N Lindsey
Lord N Loudermilk Y Lucas N Lunsford N Maddox Y Mangham N Manning Y Marin N Martin

Y Murphy, Q N Neal Y Oliver N O'Neal Y Orrock E Parham N Parrish N Parsons Y Porter N Powell N Ralston Y Randall N Ray Y Reece, B N Reece, S N Reese N Rice N Roberts
Rogers N Royal N Rynders

N Smith, V Y Smyre E Stanley-Turner E Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin N Walker Y Warren Y Watson N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Richardson, Speaker

On the adoption of the amendment, the ayes were 62, nays 99.

The amendment was lost.

The following amendment was read:

Representative Smyre of the 132nd et al. move to amend HB 59 by adding after the word "may" where it appears on line 13 of page 2 and after the word "not" where it appears on line 16 of page 2 the following:

"on any project or contract funded in whole or in part by state funds".

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

Y Abdul-Salaam N Amerson Y Anderson Y Ashe
Barnard Barnes N Bearden Y Beasley-Teague Y Benfield N Benton N Black Y Bordeaux N Borders

N Crawford Y Cummings N Davis N Day Y Dean N Dickson E Dodson N Dollar Y Drenner Y Dukes N Ehrhart N England Y Epps

Y Holmes N Holt N Horne N Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings

N Maxwell N May N McCall Y McClinton N Meadows N Millar N Miller N Mills Y Mitchell Y Morgan N Morris Y Mosby N Mosley

Y Sailor N Scheid N Scott, A N Scott, M N Setzler N Shaw N Sheldon N Sims, C Y Sims, F Y Sinkfield N Smith, B N Smith, L Y Smith, P

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N Bridges Y Brooks N Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G
Burkhalter N Burmeister N Burns N Butler N Byrd N Carter N Casas E Chambers N Channell N Cheokas N Coan N Cole N Coleman, B
Coleman, T N Cooper N Cox

N Fleming Y Floyd, H N Floyd, J E Fludd N Forster N Franklin N Freeman Y Gardner N Geisinger N Golick N Graves, D N Graves, T E Greene N Hanner N Harbin N Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree Y Henson N Hill, C
Hill, C.A

Y Johnson N Jones, J Y Jones, S Y Jordan N Keen N Keown E Kidd N Knight N Knox N Lakly E Lane, B N Lane, R N Lewis N Lindsey Y Lord N Loudermilk Y Lucas
Lunsford N Maddox Y Mangham N Manning Y Marin N Martin

N Mumford N Murphy, J Y Murphy, Q N Neal Y Oliver N O'Neal Y Orrock E Parham N Parrish N Parsons Y Porter N Powell N Ralston Y Randall N Ray Y Reece, B N Reece, S N Reese N Rice N Roberts
Rogers N Royal N Rynders

N Smith, R N Smith, T N Smith, V Y Smyre E Stanley-Turner E Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin N Walker Y Warren Y Watson N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Richardson, Speaker

On the adoption of the amendment, the ayes were 60, nays 101.

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:

N Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard
Barnes Y Bearden N Beasley-Teague N Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges N Brooks Y Brown N Bruce N Bryant N Buckner, D

Y Crawford Y Cummings Y Davis Y Day N Dean Y Dickson E Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Fleming N Floyd, H Y Floyd, J E Fludd Y Forster Y Franklin

N Holmes Y Holt Y Horne Y Houston N Howard
Hudson N Hugley N Jackson N Jacobs N James Y Jamieson N Jenkins E Jennings N Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown

Y Maxwell Y May Y McCall N McClinton Y Meadows Y Millar Y Miller Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal

N Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre E Stanley-Turner E Stephens

TUESDAY, FEBRUARY 22, 2005

861

N Buckner, G Burkhalter
Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas E Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C
Hill, C.A

E Kidd Y Knight Y Knox Y Lakly E Lane, B Y Lane, R Y Lewis Y Lindsey N Lord Y Loudermilk N Lucas
Lunsford Y Maddox N Mangham Y Manning N Marin Y Martin

N Orrock E Parham Y Parrish Y Parsons N Porter Y Powell Y Ralston N Randall Y Ray N Reece, B Y Reece, S Y Reese Y Rice Y Roberts
Rogers Y Royal Y Rynders

N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker N Warren N Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 105, nays 57.

The Bill, having received the requisite constitutional majority, was passed.

Representative Fludd of the 66th was excused on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The Speaker assumed the Chair.

HB 327. By Representatives Coan of the 101st, Fleming of the 117th, Carter of the 159th, Williams of the 4th, Teilhet of the 40th and others:

A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers compensation, so as to authorize the State Board of Workers Compensation to issue rules relating to the electronic submission and transmission of documents; to provide for schedule of hearings relating to determination of noncatastrophic injury status; to change a provision relating to the designation process for a catastrophic injury by creating a rebuttable presumption; to change the compensation for temporary total disability; to change the compensation for temporary partial disability; 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 33-9-40.2 of the Official Code of Georgia Annotated, relating to

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JOURNAL OF THE HOUSE

workers compensation insurance premium discount for insured with drug-free workplace program, so as to remove the existing eight-year limitation on the application of the discount; to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers compensation, so as to authorize the State Board of Workers Compensation to issue rules relating to the electronic submission and transmission of documents; to provide for schedule of hearings relating to determination of noncatastrophic injury status; to change a provision relating to the designation process for a catastrophic injury by creating a rebuttable presumption; to change the compensation for temporary total disability; to change the compensation for temporary partial disability; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 33-9-40.2 of the Official Code of Georgia Annotated, relating to workers compensation insurance premium discount for insured with drug-free workplace program, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows:
"(b)(1) The premium discount provided by this Code section shall be applied to an insureds policy of workers compensation insurance pro rata as of the date the insured receives certification by the State Board of Workers Compensation and shall continue for a period not to exceed eight years as long as the insured maintains the certification as having a drug-free workplace; provided, however, an insurer shall not be required to credit the actual amount of the premium discount to the account of the insured until the final premium audit under such policy. Certification by an insured shall be required for each of the eight years year in which such premium discount is granted. Thereafter, any premium discount pursuant to this article shall be determined from the insureds experience rating plan or in the case of an insured not rated upon experience, as provided in paragraph (2) of this subsection. (2) With respect to an insured which is not rated upon experience, any premium discount given an insured pursuant to this article after the initial eight-year period provided in paragraph (1) of this subsection shall be determined by the Commissioner based upon data received from the rating and statistical organization designated by the Commissioner pursuant to this chapter."
SECTION 2. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers compensation, is amended by striking Code Section 34-9-40, relating to creation of the State Board of Workers Compensation, and inserting in lieu thereof a new Code Section 34-9-40 to read as follows:
"34-9-40. There is created and established within the executive branch a board to be known as the

TUESDAY, FEBRUARY 22, 2005

863

State Board of Workers Compensation, composed of three members who shall be appointed by the Governor for a term of four years. Each member shall hold office until his or her successor shall have been appointed and qualified. An individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he or she shall succeed. The board shall have full authority, power, and the duty to promulgate policies, rules, and regulations for the administration of this chapter. The board may promulgate policies, rules, and regulations concerning the electronic submission to and transmission from the board of documents and filings. Additionally, the board shall have full authority to conduct training seminars for the purpose of educating various employers as to their liability regarding workers compensation claims. Such seminars may be paid for by the board through funding provided from sources other than appropriations made by the General Assembly. Excess funds generated through seminars may be amended into the boards operating budget as approved by the Office of Planning and Budget. Excess funds generated through seminars not amended into the boards operating budget, as determined by the state auditor, shall lapse to the Office of Treasury and Fiscal Services."
SECTION 3. Said chapter is further amended by striking Code Section 34-9-60, relating to the rulemaking and subpoena powers of the State Board of Workers Compensation, and inserting in lieu thereof a new Code Section 34-9-60 to read as follows:
"34-9-60. (a) The board may make rules, not inconsistent with this chapter, for carrying out this chapter. Processes and procedure under this chapter shall be as summary and simple as reasonably possible; provided, however, that, in any proceeding under this chapter where the parties are represented by counsel, the board may require, by rule or regulation, on forms provided by the board, the filing of statements of contentions and points of agreement. The board may promulgate policies, rules, and regulations concerning the electronic submission to and transmission from the board of documents and filings. The board, any member of the board, or any administrative law judge shall have the power for the purposes of this chapter to issue and enforce subpoenas, to administer or cause to have administered oaths, and to examine or cause to be examined such parts of the books and records of the parties to a proceeding as relate to questions in dispute. Article 2 of Chapter 10 of Title 24 shall govern the issuance and enforcement of subpoenas pursuant to this Code section, except that the board, any member of the board, or any administrative law judge shall carry out the functions of the court and the executive director shall carry out the functions of the clerk of the court. The board shall not, however, have the power to order imprisonment as a means of enforcing a subpoena. The board shall have the power to issue writs of fieri facias in order to collect fines imposed pursuant to this Code section and such writs may be enforced in the same manner as a similar writ issued by a superior court. (b) In addition to the enforcement procedures provided in subsection (a) of this Code section, the superior court of the county in which the hearing is held shall, on

864

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application of the board, any member of the board, or an administrative law judge, enforce by proper proceedings the attendance and testimony of witnesses and the production and examination of books, papers, and records."
SECTION 4. Said chapter is further amended by striking subsection (a) of Code Section 34-9-102, relating to a hearing before an administrative law judge, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Notice of hearing. The hearing shall be held as soon as practicable; provided, however, no hearing shall be scheduled less than 30 days nor more than 90 days from the date of the hearing notice. With regard to any request for a determination of noncatastrophic status in accordance with subparagraph (g)(6)(B) of Code Section 349-200.1, no hearing shall be scheduled less than 90 days after the hearing is requested."
SECTION 5. Said chapter is further amended by striking subsection (g) of Code Section 34-9-200.1, relating to rehabilitation benefits, and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) 'Catastrophic injury' means any injury which is one of the following: (1) Spinal cord injury involving severe paralysis of an arm, a leg, or the trunk; (2) Amputation of an arm, a hand, a foot, or a leg involving the effective loss of use of that appendage; (3) Severe brain or closed head injury as evidenced by: (A) Severe sensory or motor disturbances; (B) Severe communication disturbances; (C) Severe complex integrated disturbances of cerebral function; (D) Severe disturbances of consciousness; (E) Severe episodic neurological disorders; or (F) Other conditions at least as severe in nature as any condition provided in subparagraphs (A) through (E) of this paragraph; (4) Second or third degree burns over 25 percent of the body as a whole or third degree burns to 5 percent or more of the face or hands; (5) Total or industrial blindness; or (6)(A) Any other injury of a nature and severity that prevents the employee from being able to perform his or her prior work and any work available in substantial numbers within the national economy for which such employee is otherwise qualified; provided, however, if the injury has not already been accepted as a catastrophic injury by the employer and the authorized treating physician has released the employee to return to work with restrictions, there shall be a rebuttable presumption, during a period not to exceed 130 weeks from the date of injury, that the injury is not a catastrophic injury. During such period, in determining whether an injury is catastrophic, the board shall give consideration to all relevant factors including, but not limited to, the number of hours for which an employee has been

TUESDAY, FEBRUARY 22, 2005

865

released. A decision granting or denying disability income benefits under Title II or supplemental security income benefits under Title XVI of the Social Security Act shall be admissible in evidence and the board shall give the evidence the consideration and deference due under the circumstances regarding the issue of whether the injury is a catastrophic injury; provided, however, that no presumption shall be created by any decision granting or denying disability income benefits under Title II or supplementary supplemental security income benefits under Title XVI of the Social Security Act. (B) Once an employee who is designated as having a catastrophic injury under this subsection has reached the age of eligibility for retirement benefits as defined in 42 U.S.C. Section 416(l), as amended March 2, 2004, there shall arise a rebuttable presumption that the injury is no longer a catastrophic injury; provided, however, that this presumption shall not arise upon reaching early retirement age as defined in 42 U.S.C. Section 416(1), as amended March 2, 2004. When using this presumption, a determination that the injury is no longer catastrophic can only be made by the board after it has conducted an evidentiary hearing. The rehabilitation supplier appointed to a catastrophic injury case shall have the expertise which, in the judgment of the board, is necessary to provide rehabilitation services in such case."
SECTION 6. Said chapter is further amended in Code Section 34-9-200.1, relating to rehabilitation benefits, by inserting at the end thereof a new subsection (i) to read as follows:
"(i) Subsequent to either an employers designating an employees injury as catastrophic or a board determination as to the catastrophic or noncatastrophic nature of an employees injury, either party may request a new determination, based on reasonable grounds, as to the catastrophic or noncatastrophic nature of the employees injury."
SECTION 7. Said chapter is further amended by striking Code Section 34-9-261, relating to compensation for total disability, and inserting in lieu thereof a new Code Section 34-9261 to read as follows:
"34-9-261. While the disability to work resulting from an injury is temporarily total, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the employees average weekly wage but not more than $425.00 $450.00 per week nor less than $42.50 $45.00 per week, except that when the weekly wage is below $42.50 $45.00 the employer shall pay a weekly benefit equal to the average weekly wage. The weekly benefit under this Code section shall be payable for a maximum period of 400 weeks from the date of injury; provided, however, in the event of a catastrophic injury as defined in subsection (g) of Code Section 34-9-200.1, the weekly benefit under this Code section shall be paid until such time as the employee undergoes a change in

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condition for the better as provided in paragraph (1) of subsection (a) of Code Section 34-9-104."

SECTION 8. Said chapter is further amended by striking Code Section 34-9-262, relating to compensation for temporary partial disability, and inserting in lieu thereof a new Code Section 34-9-262 to read as follows:
"34-9-262. Except as otherwise provided in Code Section 34-9-263, where the disability to work resulting from the injury is partial in character but temporary in quality, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the difference between the average weekly wage before the injury and the average weekly wage the employee is able to earn thereafter, but not more than $284.00 $300.00 per week for a period not exceeding 350 weeks from the date of injury."

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 Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard
Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G
Burkhalter Y Burmeister Y Burns Y Butler Y Byrd

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T

Y Holmes Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown E Kidd Y Knight
Knox Y Lakly E Lane, B Y Lane, R

Y Maxwell Y May
McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris
Mosby Y Mosley Y Mumford
Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V
Smyre E Stanley-Turner E Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin

TUESDAY, FEBRUARY 22, 2005

867

Y Carter Y Casas E Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

E Greene Hanner
Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts
Rogers Y Royal Y Rynders

Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, R Y Wix Y Yates
Richardson, 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 Murphy of the 23rd 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 237. By Representative Franklin of the 43rd:

A RESOLUTION establishing redistricting standards for use by the House of Representatives; and for other purposes.

The following amendment was read:

Representative Porter of the 143rd et al. move to amend HR 237 by adding after line 36 on page 2 the following:

"Because of the complexities involved and the difficulty in applying these standards, the General Assembly finds that it would be better served by having all future redistricting standards handled by an independent commission appointed by the leadership of both parties in the House of Representatives and the Senate and chaired by an individual agreed upon by the members of the commission."

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

Y Abdul-Salaam N Amerson
Anderson Y Ashe N Barnard
Barnes N Bearden

N Crawford Y Cummings N Davis N Day Y Dean N Dickson E Dodson

Y Holmes N Holt N Horne N Houston Y Howard Y Hudson Y Hugley

N Maxwell N May N McCall
McClinton N Meadows N Millar N Miller

Y Sailor N Scheid N Scott, A N Scott, M N Setzler Y Shaw N Sheldon

868

JOURNAL OF THE HOUSE

Beasley-Teague Y Benfield N Benton Y Black Y Bordeaux Y Borders N Bridges Y Brooks N Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G N Burkhalter N Burmeister N Burns N Butler N Byrd N Carter N Casas E Chambers
Channell Y Cheokas N Coan N Cole N Coleman, B
Coleman, T N Cooper N Cox

N Dollar Y Drenner Y Dukes N Ehrhart N England Y Epps N Fleming Y Floyd, H N Floyd, J E Fludd N Forster N Franklin N Freeman Y Gardner N Geisinger N Golick N Graves, D N Graves, T E Greene Y Hanner N Harbin N Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree Y Henson N Hill, C N Hill, C.A

Y Jackson Y Jacobs Y James Y Jamieson
Jenkins E Jennings Y Johnson N Jones, J Y Jones, S Y Jordan N Keen N Keown E Kidd N Knight N Knox N Lakly E Lane, B N Lane, R N Lewis N Lindsey Y Lord N Loudermilk Y Lucas N Lunsford N Maddox
Mangham N Manning Y Marin N Martin

N Mills Y Mitchell N Morgan Y Morris Y Mosby N Mosley N Mumford N Murphy, J Y Murphy, Q N Neal Y Oliver N O'Neal Y Orrock E Parham Y Parrish N Parsons Y Porter N Powell N Ralston Y Randall N Ray Y Reece, B N Reece, S N Reese N Rice N Roberts
Rogers Royal N Rynders

N Sims, C Y Sims, F Y Sinkfield
Smith, B N Smith, L Y Smith, P N Smith, R N Smith, T N Smith, V Y Smyre E Stanley-Turner E Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin N Walker Y Warren Y Watson N Wilkinson N Willard
Williams, A Y Williams, E N Williams, R Y Wix N Yates
Richardson, Speaker

On the adoption of the amendment, the ayes were 61, nays 96.

The amendment was lost.

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 "nay" thereon.

The following amendment was read:

Representative Fleming of the 117th et al. move to amend HR 237 as follows:

Page 2, line 1: strike "or effect".

Page 2, line 27: strike "or effect".

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

N Abdul-Salaam Y Amerson

Y Crawford Y Cummings

N Holmes Y Holt

Y Maxwell Y May

Sailor Y Scheid

TUESDAY, FEBRUARY 22, 2005

869

Anderson N Ashe Y Barnard
Barnes Y Bearden
Beasley-Teague N Benfield Y Benton N Black N Bordeaux N Borders Y Bridges Y Brooks Y Brown N Bruce N Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas E Chambers Y Channell
Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Davis Y Day N Dean Y Dickson E Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Fleming N Floyd, H Y Floyd, J E Fludd Y Forster Y Franklin Y Freeman N Gardner N Geisinger Y Golick Y Graves, D Y Graves, T E Greene
Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A

Y Horne Y Houston N Howard Y Hudson N Hugley N Jackson N Jacobs Y James Y Jamieson Y Jenkins E Jennings N Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown E Kidd Y Knight Y Knox Y Lakly E Lane, B Y Lane, R Y Lewis Y Lindsey N Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin Y Martin

Y McCall McClinton
Y Meadows Y Millar Y Miller Y Mills Y Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts
Rogers Royal Y Rynders

Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F N Sinkfield
Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre E Stanley-Turner E Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Richardson, Speaker

On the adoption of the amendment, the ayes were 117, nays 41.

The amendment was adopted.

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

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

N Abdul-Salaam Y Amerson
Anderson N Ashe Y Barnard
Barnes Y Bearden

Y Crawford N Cummings Y Davis Y Day Y Dean Y Dickson E Dodson

N Holmes Y Holt Y Horne Y Houston N Howard Y Hudson N Hugley

Y Maxwell Y May Y McCall
McClinton Y Meadows Y Millar Y Miller

N Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler N Shaw Y Sheldon

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JOURNAL OF THE HOUSE

Beasley-Teague N Benfield Y Benton N Black N Bordeaux N Borders Y Bridges N Brooks Y Brown N Bruce N Bryant N Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas E Chambers Y Channell N Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Fleming N Floyd, H N Floyd, J E Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene N Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A

N Jackson Y Jacobs N James N Jamieson N Jenkins E Jennings N Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown E Kidd Y Knight Y Knox Y Lakly E Lane, B Y Lane, R Y Lewis Y Lindsey N Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin Y Martin

Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock E Parham Y Parrish Y Parsons N Porter Y Powell Y Ralston N Randall N Ray N Reece, B Y Reece, S Y Reese Y Rice Y Roberts
Rogers N Royal
Rynders

Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre E Stanley-Turner E Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker N Warren N Watson Y Wilkinson Y Willard
Williams, A N Williams, E Y Williams, R N Wix Y Yates
Richardson, Speaker

On the adoption of the Resolution, as amended, the ayes were 99, nays 62.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

Representative Dean of the 59th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

HB 22. By Representatives Hill of the 21st, Scheid of the 22nd and Byrd of the 20th:

A BILL to be entitled an Act to amend Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding sales and use taxation, so as to change the tax situs of certain motor vehicle transactions; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

TUESDAY, FEBRUARY 22, 2005

871

To amend Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding sales and use taxation, so as to change the tax situs of certain motor vehicle transactions; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding sales and use taxation, is amended by striking paragraph (8) and inserting in its place a new paragraph (8) to read as follows:
"(8)(A) 'Sale' means any transfer of title or possession, transfer of title and possession, exchange, barter, lease, or rental, conditional or otherwise, in any manner or by any means of any kind of tangible personal property for a consideration except as otherwise provided in subparagraph (B) of this paragraph and includes, but is not limited to:
(A)(i) The fabrication of tangible personal property for consumers who directly or indirectly furnish the materials used in such fabrication; (B)(ii) The furnishing, repairing, or serving for a consideration of any tangible personal property consumed on the premises of the person furnishing, repairing, or serving the tangible personal property; or (C)(iii) A transaction by which the possession of property is transferred but the seller retains title as security for the payment of the price. (B) Notwithstanding a dealers physical presence, in the case of a motor vehicle retail sale or a motor vehicle lease or rental when the lease or rental period exceeds 30 days and when the purchaser or lessee is a resident of this state, the taxable situs of the transaction for the purposes of collecting local sales and use taxes shall be the county of motor vehicle registration of the purchaser or lessee."

SECTION 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 Abdul-Salaam Y Amerson
Anderson Ashe Y Barnard Barnes Y Bearden Beasley-Teague

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson Y Dollar

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson

Y Maxwell May
Y McCall McClinton
Y Meadows Y Millar Y Miller Y Mills

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C

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Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas E Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene
Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan
Keen Y Keown E Kidd Y Knight Y Knox Y Lakly E Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord
Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts
Rogers Y Royal Y Rynders

Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre E Stanley-Turner E Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R
Wix Y Yates
Richardson, 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.

Representatives Lucas of the 139th, May of the 11th, and Wix of the 33rd 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 203. By Representatives Royal of the 171st, Williams of the 4th, McCall of the 30th, Hanner of the 148th, Roberts of the 154th and others:

A BILL to be entitled an Act to amend Code Section 48-5-41.1 of the Official Code of Georgia Annotated, relating to agricultural products and equipment exempt from ad valorem tax, so as to expand the ad valorem exemption for farm equipment to include certain equipment held under a lease purchase agreement; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

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873

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 Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard
Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas E Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps
Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene
Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown E Kidd Y Knight Y Knox Y Lakly E Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall
McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal
Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall
Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts
Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M
Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre E Stanley-Turner E Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin
Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 192. By Representatives Smith of the 168th, Richardson of the 19th and Ehrhart of the 36th:

A RESOLUTION amending the Rules of the House of Representatives with respect to local legislation; and for other purposes.

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

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

Y Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard
Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas E Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene
Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown E Kidd Y Knight Y Knox Y Lakly E Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall
McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell
Morgan Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M
Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield
Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre E Stanley-Turner E Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.

The Resolution was adopted.

HB 50. By Representative Teilhet of the 40th:

A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 35 of

TUESDAY, FEBRUARY 22, 2005

875

the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to authorize the exchange of national criminal history background checks on providers of care to children, the elderly, and persons with disabilities, including, but not limited to, volunteers with youth sports organizations and other youth activities; to define terms; to provide for conformity with federal law; to provide for rules and regulations; to provide for fees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard
Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas E Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown E Kidd Y Knight Y Knox Y Lakly E Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall
McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts
Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Shaw Y Sheldon
Setzler Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre E Stanley-Turner E Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

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On the passage of the Bill, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 206. By Representatives Walker of the 107th, Brown of the 69th, Lane of the 158th and Burns of the 157th:
A BILL to be entitled an Act to define and provide for a new category of facilities to be designated as "assisted living facilities" and to include "assisted living facilities - Level I" and "assisted living facilities - Level II" within such category; to amend Code Section 10-1-393 of the O.C.G.A., relating to unfair or deceptive practices, so as to change certain provisions relating to providing personal care services; to amend Code Section 25-2-13 of the O.C.G.A., relating to buildings presenting special hazards, so as to change the listing of buildings and the applicability of certain provisions thereto; to amend Title 31 of the O.C.G.A., relating to health, so as to change certain terms and definitions; to provide for admissions, examinations, inspections, employees, licensing, and staffing; to provide for fees and penalties; 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 define and provide for a new category of facilities to be designated as "assisted living facilities" and to include "assisted living facilities - Level I" and "assisted living facilities - Level II" within such category; to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices, so as to change certain provisions relating to providing personal care services; to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards, so as to change the listing of buildings and the applicability of certain provisions thereto; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change certain terms and definitions; to provide for admissions, examinations, inspections, employees, licensing, and staffing; to provide for fees and penalties; to provide for licensing of different levels of assisted living facilities; to retain certain liability for personal care homes; to amend Code Section 37-4-21 of the Official Code of Georgia Annotated, relating to respite care for mentally retarded persons, so as to revise certain terms; to amend Code Section 48-13-9 of the Official Code of Georgia Annotated, relating to businesses which are and which are not subject to regulation fees, so as to change a reference; to change various statutory references to "personal care homes" so that they refer to "assisted living facilities";

TUESDAY, FEBRUARY 22, 2005

877

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:
SECTION 1. Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices, is amended by striking paragraph (26) of subsection (b) thereof and inserting in its place the following:
"(26) With respect to any individual or facility providing personal care services that requires a license in order to be an assisted living facility:
(A) Any person or entity not duly licensed or registered as a personal care home as an assisted living facility formally or informally offering, advertising to, or soliciting the public for residents or referrals; or (B) Any personal care home, as defined in subsection (a) of Code Section 31-7-12, assisted living facility offering, advertising, or soliciting the public to provide services:
(i) Which are outside the scope of personal care services that facilitys licensed level as an assisted living facility; provided, however, that assisted living facilities licensed at Level II may provide services for residents suitable for Level I; and (ii) For which it has not been specifically authorized. Nothing in this subparagraph prohibits advertising by a personal care home an assisted living facility for services authorized by the Department of Human Resources under a waiver or variance pursuant to subsection (b) of Code Section 31-2-4;. (C) For purposes of this paragraph, 'personal care' means protective care and watchful oversight of a resident who needs a watchful environment but who does not have an illness, injury, or disability which requires chronic or convalescent care including medical and nursing services. For purposes of this paragraph, the term 'assisted living facility' shall have the same meaning as provided for that term in Code Section 31-7-12. The provisions of this paragraph shall be enforced following consultation with the Department of Human Resources which shall retain primary responsibility for issues relating to licensure of any individual or facility providing personal care services facility that is an assisted living facility;".
SECTION 2. 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)(J) thereof and inserting in its place the following:
"(J) Personal care homes Assisted living facilities required to be licensed as such by the Department of Human Resources and having at least seven beds for nonfamily adults, and the Commissioner shall, pursuant to Code Section 25-2-4, by rule adopt

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state minimum fire safety standards for those homes assisted living facilities, and any structure constructed as or converted to a personal care home on or after April 15, 1986, but before January 1, 2006, and any structure constructed as or converted to an assisted living facility as defined in Code Section 31-7-12 on or after January 1, 2006, shall be deemed to be a proposed building pursuant to subsection (d) of Code Section 25-2-14 and that structure may be required to be furnished with a sprinkler system meeting the standards established by the Commissioner if he the Commissioner deems this necessary for proper fire safety."
SECTION 3. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding following paragraph (2) of Code Section 31-6-2, relating to definitions regarding state health planning, a new paragraph (2.1) to read as follows:
"(2.1) 'Assisted living facility' shall have the same meaning as provided in paragraph (4) of subsection (a) of Code Section 31-7-12 for 'assisted living facility - Level II' for the purposes of this chapter only."
SECTION 4. Said title is further amended by striking paragraph (8) of Code Section 31-6-2, relating to definitions regarding state health planning, and inserting in its place the following:
"(8) 'Health care facility' means hospitals; other special care units, including but not limited to podiatric facilities; skilled nursing facilities; intermediate care facilities; personal care homes assisted living facilities serving 25 or more residents; ambulatory surgical or obstetrical facilities; health maintenance organizations; home health agencies; diagnostic, treatment, or rehabilitation centers, but only to the extent that subparagraph (G) or (H), or both subparagraphs (G) and (H), of paragraph (14) of this Code section are applicable thereto; and facilities which are devoted to the provision of treatment and rehabilitative care for periods continuing for 24 hours or longer for persons who have traumatic brain injury, as defined in Code Section 37-3-1."
SECTION 5. Said title is further amended by striking paragraph (18) of Code Section 31-6-2, relating to definitions regarding state health planning, and inserting in its place the following:
"(18) 'Personal care home' means a residential facility having at least 25 beds and providing, for compensation, protective care and oversight of ambulatory, nonrelated persons who need a monitored environment but who do not have injuries or disabilities which require chronic or convalescent care, including medical, nursing, or intermediate care. Personal care homes include those facilities which monitor daily residents functioning and location, have the capability for crisis intervention, and provide supervision in areas of nutrition, medication, and provision of transient medical care. Such term does not include:
(A) Old age residences which are devoted to independent living units with kitchen facilities in which residents have the option of preparing and serving some or all of

TUESDAY, FEBRUARY 22, 2005

879

their own meals; or (B) Boarding facilities which do not provide personal care. Reserved."
SECTION 6. Said title is further amended by striking subparagraph (B) of paragraph (1) of Code Section 31-7-1, relating to definitions relative to health care facilities, and inserting in its place the following:
"(B) Any building, facility, or place in which are provided two or more beds and other facilities and services that are used for persons received for examination, diagnosis, treatment, surgery, maternity care, nursing care, or personal care personal services, or assistance with activities of daily living or instrumental activities of daily living as defined in Code Section 31-7-12 for periods continuing for 24 hours or longer and which is classified by the department, as provided for in this chapter, as either a hospital, nursing home, or personal care home assisted living facility;".
SECTION 7. Said title is further amended by striking Code Section 31-7-12, relating to licensing of personal care homes, and inserting in its place the following:
"31-7-12. (a) As used in this Code section, the term:
(1) 'Personal care home' means any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service, and one or more personal services for two or more adults who are not related to the owner or administrator by blood or marriage. (1) 'Activities of daily living' means, but is not limited to, eating, bathing, grooming, dressing, toileting, transfer, ambulation, and self-administered medications. (2) 'Assisted living facility' means any dwelling licensed as an assisted living facility - Level I or assisted living facility - Level II. (3) 'Assisted living facility - Level I' means any dwelling, whether operated for profit or not, that undertakes through its ownership or management to provide or arrange for the provision of housing and 24 hour watchful oversight, services for persons with disabilities, and assistance with activities of daily living and instrumental activities of daily living for two or more residents who are not related by blood or marriage to the owner or administrator of the home. It is the intent of the General Assembly that the category 'assisted living facility - Level I' replace the former 'personal care home' category and that the department consider this intent when promulgating appropriate rules and regulations. (4) 'Assisted living facility - Level II' means any dwelling, whether operated for profit or not, that undertakes through its ownership or management to provide or arrange for the provision of housing, health care oversight, including monitoring of vital signs and bodily functions, limited nursing services, 24 hour watchful oversight, 24 hour awake staff, and assistance with activities of daily living and instrumental

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activities of daily living for two or more adults who are not related by blood or marriage to the owner or administrator of the home. (5) 'Instrumental activities of daily living' includes, but is not limited to, preparing meals, shopping, managing money, using the telephone, light housework, and transportation. (6) 'Limited nursing services' means acts that may be performed by licensed practical nurses under Article 2 of Chapter 26 of Title 43, relating to practical nurses, and may be administered on an intermittent basis, as needed, to residents for whom ongoing medical supervision and continuous skilled nursing care are not required. (2)(7) 'Personal services' includes, but is not limited to, individual assistance with or supervision of self-administered medication and essential activities of daily living such as eating, bathing, grooming, dressing, and toileting. (b) All personal care homes assisted living facilities shall be licensed as provided for in Code Section 31-7-3, except that, in lieu of licensure, the department may require persons who operate personal care homes with two or three beds for nonfamily adults to comply with registration requirements delineated by the department. Such registration requirements within this category shall authorize the department to promulgate pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' reasonable standards to protect the health, safety, and welfare of the occupants of such personal care homes.; provided, however, that the following dwellings are exempt from licensure as assisted living facilities: licensed community living arrangements as defined by Code Section 37-1-20 and respite care facilities as defined by Code Section 37-4-21 providing services as authorized by law. Any facility licensed in this state as a personal care home prior to January 1, 2006, shall be deemed to have been licensed as an assisted living facility - Level I. Any sale of a facility deemed to be licensed pursuant to this Code section shall require such facility to apply for and receive a new license. Any new facility in this state first owned or operated on or after January 1, 2006, shall be required to have a new license issued. (c) Upon the designation by the department and with the consent of county boards of health, such boards may act as agents to the department in performing inspections and other authorized functions regarding personal care homes licensed under this chapter. With approval of the department, county boards of health may establish inspection fees to defray part of the costs of inspections performed for the department. (d) The state ombudsman or community ombudsman, on that ombudsmans initiative or in response to complaints made by or on behalf of residents of a registered or licensed personal care home licensed assisted living facility, may conduct investigations in matters within the ombudsmans powers and duties. (e)(d) The department shall promulgate procedures to govern the waiver, variance, and exemption process related to personal care homes assisted living facilities pursuant to Chapter 2 of this title. Such procedures shall include published, measurable criteria for the decision process, shall take into account the need for protection of public and individual health, care, and safety, and shall afford an opportunity for public input into the process."

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881

SECTION 8. Said title is further amended by striking Code Section 31-7-12.1, relating to unlicensed personal care homes, and inserting in its place the following:
"31-7-12.1. (a) A facility shall be deemed to be an 'unlicensed personal care home assisted living facility' if it is unlicensed and not exempt from licensure and:
(1) The facility is providing personal services and is operating as a personal care home an assisted living facility as those terms are defined in Code Section 31-7-12; (2) The facility is held out as or represented as providing personal services and operating as a personal care home an assisted living facility as those terms are defined in Code Section 31-7-12; or (3) The facility represents itself as a licensed personal care home assisted living facility. (b) Personal care homes in existence on July 1, 1994, which obtain licenses from the department no later than October 1, 1994, shall not be subject to the penalties set out in this Code section. (c) Except as provided in subsection (b) of this Code section, any unlicensed personal care home Any unlicensed assisted living facility shall be assessed by the department, after opportunity for hearing in accordance with the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' a civil penalty in the amount of $100.00 per bed per day for each day of violation of subsection (b) of Code Section 317-12. The department shall send a notice by certified mail or statutory overnight delivery stating that licensure is required and including a period for obtaining licensure with an expiration date. Such notice shall be deemed to be constructively received on the date of the first attempt to deliver such notice by the United States Postal Service. For unlicensed personal care homes which were not in existence on July 1, 1994, the civil penalty provided by this subsection shall be calculated as beginning on the expiration date of the notice. For unlicensed personal care homes which were in existence on July 1, 1994, the civil penalty provided by this subsection shall be calculated as beginning on the expiration date of the notice or on October 1, 1994, whichever is later. The department shall take no action to collect such civil penalty until after opportunity for a hearing. (d)(c) The civil penalty authorized by subsection (c)(b) of this Code section shall be doubled if: (1) The operator of an unlicensed personal care home assisted living facility refuses to seek licensure; or (2) The operator seeks licensure, the licensure application is denied, and the operator continues to operate the unlicensed personal care home assisted living facility. (e)(d) The operator of a personal care home an assisted living facility who is assessed a civil penalty in accordance with this Code section may have review of such civil penalty by appeal to the superior court in the county in which the action arose or to the Superior Court of Fulton County in accordance with the provisions of Code Section 315-3.

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(e) Nothing in this Code section shall relieve from any civil or criminal liability or penalty any personal care home operating without the required license before this Code section becomes effective on January 1, 2006."
SECTION 9. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 31-7-111, relating to findings regarding certain authorities for certain facilities for the elderly, and inserting in its place the following:
"(1) There exists in this state a seriously inadequate supply of and a critical need for facilities which can furnish the comprehensive services required by elderly persons in a single location, including, without limitation, residential care and the types of services provided in skilled nursing homes, intermediate care homes, and personal care homes (hereinafter assisted living facilities referred to as 'residential care facilities for the elderly');".
SECTION 10. Said title is further amended by striking paragraphs (1), (4), (5), (6), (10), (11), and (15) of Code Section 31-7-250, relating to definitions regarding records checks for personal care home employees, and inserting in their respective places the following:
"(1) 'Assisted living facility' means a home required to be licensed under Code Section 31-7-12. (1.1) 'Conviction' means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought." "(4) 'Director' means the chief administrative or executive officer or manager of an assisted living facility. (5) 'Employee' means any person, other than a director, utilized by a personal care home an assisted living facility to provide personal services to any resident on behalf of the personal care home assisted living facility or to perform at any facilities of the personal care home assisted living facility any duties which involve personal contact between that person and any paying resident of the personal care home assisted living facility. (6) 'Facility' means real property of a personal care home an assisted living facility where residents reside." "(10) 'License' means the permit or document issued by the department to authorize the personal care home assisted living facility to which it is issued to operate a facility under this chapter. (11) 'Personal care home' or 'home' means a home required to be licensed or permitted under Code Section 31-7-12. Reserved." "(15) 'Regular license' means a permit which will remain in effect for the personal care home assisted living facility, until and unless the facility ceases to operate or revocation proceedings are commenced."
SECTION 11.

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883

Said title is further amended by striking paragraph (2) of Code Section 31-8-51, relating to long-term care ombudsman definitions, and inserting in its place the following:
"(2) 'Long-term care facility' means any skilled nursing home, intermediate care home, or personal care home assisted living facility now or hereafter subject to regulation and licensure by the department."
SECTION 12. Said title is further amended by striking paragraph (3) of Code Section 31-8-81, relating to definitions regarding abuse of residents of long-term care facilities, and inserting in its place the following:
"(3) 'Long-term care facility' or 'facility' means any skilled nursing home, intermediate care home, personal care home assisted living facility, or community living arrangement now or hereafter subject to regulation and licensure by the department."
SECTION 13. Said title is further amended by striking Code Section 31-8-132, relating to definitions regarding remedies for personal care home residents, and inserting in its place the following:
"31-8-132. As used in this article, the term:
(1) 'Administrator' means the manager designated by the governing body of a personal care home an assisted living facility as responsible for the day-to-day management, administration, and supervision of the personal care home assisted living facility, who may also serve as on-site manager and responsible staff person except during periods of his or her own absence. (1.1) 'Assisted living facility' means a facility required to be licensed under Code Section 31-7-12. (2) 'Community ombudsman' means a person certified as a community ombudsman pursuant to Code Section 31-8-52. (3) 'Governing body' means the board of trustees, the partnership, the corporation, the association, or the person or group of persons who maintain and control a personal care home an assisted living facility and who are legally responsible for the operation of the home facility. (4) 'Legal surrogate' means a duly appointed person who is authorized to act, within the scope of the authority granted under the legal surrogates appointment, on behalf of a resident who is adjudicated or certified incapacitated. No member of the governing body, administration, or staff of a personal care home an assisted living facility or any affiliated personal care home assisted living facility or their family members may serve as the legal surrogate for a resident unless that resident is a family member. (5) 'Personal care home' or 'home' means a facility as defined in Code Section 31-712. Reserved.

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(6) 'Representative' means a person who voluntarily, with the residents written authorization, may act upon the residents direction with regard to matters concerning the health and welfare of the resident, including being able to access personal records contained in the residents file and receive information and notices pertaining to the residents overall care and condition. No member of the governing body, administration, or staff of a personal care home an assisted living facility or any affiliated personal care home assisted living facility or their family members may serve as the representative for a resident. (7) 'Resident' means a person who resides in a personal care home an assisted living facility. (8) 'State ombudsman' means the state ombudsman established under Code Section 31-8-52."
SECTION 14. Code Section 37-4-21 of the Official Code of Georgia Annotated, relating to respite care for mentally retarded persons, is amended by striking subsection (c) thereof and inserting in its place the following:
"(c) An admission for respite care shall be for no longer than two weeks, provided that a person may be admitted for additional periods of respite care; provided, further, that there shall be no more than two admissions for respite care within any six-month period, counted from the first day of such an admission. Any such admission which exceeds limits provided in this Code section must be in accordance with the procedure in Code Section 37-4-20 or 37-4-40. This Code section shall not apply when the person sought to be admitted is living in a nursing home or personal care home assisted living facility, as defined in paragraph (2) of Code Section 43-27-1 Code Sections 43-27-1 and 31-7-12, respectively."
SECTION 15. Code Section 48-13-9 of the Official Code of Georgia Annotated, relating to businesses which are and which are not subject to regulatory fees, is amended by striking paragraph (14) of subsection (b) thereof and inserting in its place the following:
"(14) Nursing homes and personal care homes assisted living facilities;".
SECTION 16. The following Code sections of the Official Code of Georgia Annotated are amended by striking the terms "a personal care home," "Personal care home," "personal care home," "Personal care homes," and "personal care homes," wherever they occur and inserting in their respective places the terms "an assisted living facility," "Assisted living facility," "assisted living facility," "Assisted living facilities," and "assisted living facilities,":
(1) Code Section 16-5-23, relating to simple battery; (2) Code Section 16-5-23.1, relating to battery; (3) Code Section 16-6-5.1, relating to sexual assault of persons in custody; (4) Code Section 26-4-5, relating to pharmacy definitions;

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(5) Code Section 31-7-3, relating to the requirement for permits to operate institutions; (6) Code Section 31-7-112, relating to definitions regarding authorities for facilities for the elderly; (7) Code Section 31-7-258, relating to changes in personal care home directors; (8) Code Section 31-7-259, relating to employment at personal care homes with temporary licenses; (9) Code Section 31-7-300, relating to definitions governing private home care provider laws; (10) Code Section 31-7-305, relating to exempt services; (11) Code Section 31-7-307, relating to certificates of need; (12) Code Section 31-8-52, relating to the establishment of the long-term care ombudsman; (13) Code Section 31-8-130, relating to the creation of the "Remedies for Residents of Personal Care Homes Act"; (14) Code Section 31-8-131, relating to legislative findings and intent; (15) Code Section 31-8-134, relating to grievance procedures; (16) Code Section 31-8-135, relating to hearings and transfer of residents; (17) Code Section 31-8-136, relating to actions for damages; (18) Code Section 31-8-137, relating to temporary restraining orders; (19) Code Section 31-8-138, relating to failure to validly license as a defense; (20) Code Section 31-8-139, relating to mandamus; (21) Code Section 31-8-181, relating to exempt individuals and hospitals; (22) Code Section 31-36A-5, relating to certification by a physician; (23) Code Section 31-36A-7, relating to petition for order by a health care facility; (24) Code Section 38-4-2, relating to powers of veterans home administrators; and (25) Code Section 49-2-14, relating to record searches for conviction data on prospective employees.
SECTION 17. This Act shall become effective only for the purposes of promulgating rules and regulations thereunder upon its approval by the Governor or upon its becoming law without such approval. This Act shall become effective for all other purposes on January 1, 2006.
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:

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N Abdul-Salaam Y Amerson
Anderson Y Ashe N Barnard
Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux N Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas E Chambers Y Channell Y Cheokas Y Coan N Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

N Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H N Floyd, J E Fludd Y Forster Y Franklin N Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene N Hanner
Harbin Y Hatfield Y Heard, J N Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard N Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown E Kidd Y Knight Y Knox Y Lakly E Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May N McCall
McClinton N Meadows Y Millar Y Miller Y Mills Y Mitchell N Morgan N Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston N Randall Y Ray N Reece, B Y Reece, S Y Reese Y Rice N Roberts
Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler N Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre E Stanley-Turner E Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard N Williams, A N Williams, E N Williams, R N Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 141, nays 22.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Mills of the 25th assumed the chair.

The following Resolutions of the House were read and adopted:

HR 299. By Representative Shaw of the 176th:

A RESOLUTION commending the Clinch County High School Panthers football team; and for other purposes.

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887

HR 302. By Representative Davis of the 109th:
A RESOLUTION commending Youth Leadership Henry for its outstanding contributions to the community; and for other purposes.
HR 303. By Representatives Lunsford of the 110th, Davis of the 109th, Watson of the 91st, Yates of the 73rd and Mosby of the 90th:
A RESOLUTION commending Thomas Harley, the 2005 Henry County STAR Student; and for other purposes.
HR 304. By Representative Sims of the 169th:
A RESOLUTION honoring former band director, Mr. John Maley; and for other purposes.
HR 305. By Representative Sims of the 169th:
A RESOLUTION commending Mr. John O'Brien, Coffee High School Director of Bands, on the occasion of his retirement; and for other purposes.
HR 306. By Representative Sims of the 169th:
A RESOLUTION commending Coach Bonwell Royal, Head Coach of Coffee High School football team, on the occasion of his retirement; and for other purposes.
HR 307. By Representatives Rynders of the 152nd, Keen of the 179th, Porter of the 143rd, Cooper of the 41st, Roberts of the 154th and others:
A RESOLUTION commending the Georgia Rural Health Association and recognizing Rural Health Day; and for other purposes.
HR 308. By Representatives Mills of the 25th, Rogers of the 26th and Reece of the 27th:
A RESOLUTION commending Jack Baggett Jackson for rendering lifesaving assistance to the victim of a car accident; and for other purposes.
HR 309. By Representatives Coleman of the 144th and Floyd of the 147th:
A RESOLUTION commending Woodson Daniel; and for other purposes.

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HR 310. By Representative Manning of the 32nd:
A RESOLUTION recognizing and commending the Kennesaw Mountain High School Marching Band; and for other purposes.
HR 311. By Representative Maddox of the 172nd:
A RESOLUTION commending Miss Allyson Walker; and for other purposes.
HR 312. By Representatives Hugley of the 133rd, Williams of the 165th, Porter of the 143rd, Coleman of the 144th, Smyre of the 132nd and others:
A RESOLUTION recognizing and commending President Jimmy Carter on the occasion of the commissioning of the USS Jimmy Carter (SSN-23); and for other purposes.
HR 313. By Representative Carter of the 159th:
A RESOLUTION honoring the life of Mr. Walter Everett Harvey and expressing regret at his passing; and for other purposes.
HR 314. By Representative Keen of the 179th:
A RESOLUTION recognizing and commending the Eagle Ranch Children's Home and its founder, Mr. Eddie Staub, on the occasion of the home's 20th anniversary; and for other purposes.
HR 315. By Representatives Scott of the 153rd and Roberts of the 154th:
A RESOLUTION recognizing and commending Jwaltney Daniels, Winner of the Future Farmers of America National Proficiency Award for Landscape Design and Management; and for other purposes.
HR 316. By Representative Smith of the 168th:
A RESOLUTION commending Shane Clem of the University of Phoenix Georgia Campuses; and for other purposes.
HR 317. By Representatives Lunsford of the 110th, Davis of the 109th, Watson of the 91st, Yates of the 73rd and Mosby of the 90th:

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889

A RESOLUTION recognizing and commending Dr. Salvatore Angelica for outstanding contributions to public education in the State of Georgia; and for other purposes.
HR 318. By Representatives James of the 135th and Ray of the 136th:
A RESOLUTION recognizing the observance of a Day of Respect; and for other purposes.
Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
Representative Mills of the 25th announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Wednesday, February 23, 2005

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:

Abdul-Salaam Amerson Ashe Bearden Benton Black Bridges Brooks Bruce Bryant Buckner, D Buckner, G Burkhalter Burmeister Burns Byrd Carter Casas Chambers Cheokas Coan Cole Coleman, B Cummings

Davis Dickson E Dodson Ehrhart Fleming Floyd, H Floyd, J E Fludd Forster Franklin Freeman Geisinger Graves, D Graves, T Greene Hanner Harbin Hatfield Heard, J Heard, K Hembree Hill, C Hill, C.A Holmes

Holt Houston Howard Hugley Jacobs James Jamieson Jenkins E Jennings Johnson Jones, S Keen Keown E Kidd Knight Lakly Lane, B Lane, R Lewis Lindsey Loudermilk Maddox Manning Martin

Maxwell May Meadows Millar Miller Mills Mitchell Morris Mosley Mumford Murphy, J Murphy, Q O'Neal E Parham Parrish Parsons Porter Powell Ralston Reece, B Reece, S Reese Roberts

Royal Rynders Scheid Sheldon Sims, F Sinkfield Smith, L Smith, P E Smith, T Smith, V E Stanley-Turner E Stephens Talton Thomas, B Tumlin Walker Warren Watson Wilkinson Williams, E Williams, R Yates Richardson, Speaker

The following members were off the floor of the House when the roll was called:

Representatives Anderson of the 123rd, Barnard of the 166th, Barnes of the 78th, Beasley-Teague of the 65th, Benfield of the 85th, Bordeaux of the 162nd, Borders of the 175th, Brown of the 69th, Butler of the 18th, Channell of the 116th, Coleman of the 144th, Cox of the 102nd, Crawford of the 127th, Day of the 163rd, Dean of the 59th, Dollar of the 45th, Drenner of the 86th, Dukes of the 150th, England of the 108th, Epps of the 128th, Gardner of the 57th, Henson of the 87th, Horne of the 71st, Hudson of the 124th, Jackson of the 161st, Jordan of the 77th, Knox of the 24th, Lord of the 142nd, Lucas of the 139th, Mangham of the 94th, Marin of the 96th, McCall of the 30th, McClinton of the 84th, Mosby of the 90th, Neal of the 1st, Oliver of the 83rd, Randall of the 138th, Rice of the 51st, Rogers of the 26th, Sailor of the 93rd, Scott of the 153rd, Setzler of the 35th, Shaw of the 176th, Smith of the 113th, Smith of the 131st,

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891

Stephenson of the 92nd, Teilhet of the 40th, Thomas of the 55th, Willard of the 49th, Williams of the 165th, and Wix of the 33rd.
They wish to be recorded as present.
Prayer was offered by Rabbi Neil Sandler, Ahavath Acheim Congregation, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Heard of the 104th, Chairman of the Committee on Information and Audits, 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 were introduced, read the first time and referred to the Committees:
HB 576. By Representatives Loudermilk of the 14th and Maddox of the 172nd:
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 definitions; to change certain provisions relating to standards and requirements as to sale of milk and milk products generally, labeling, and sale of ungraded milk, raw whole milk, and

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condensed or evaporated milk; to provide for sales of raw milk on farms directly to consumers under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 577. By Representatives Loudermilk of the 14th, Keen of the 179th, Brooks of the 63rd, Franklin of the 43rd, Scott of the 2nd and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers licenses, so as to provide for destruction of certain fingerprint records; to provide for certain disclosures; to prohibit the requirement of fingerprinting and similar identification of applicants for drivers licenses and identification cards; to prohibit the requirement of fingerprinting and similar identification of applicants for identification cards with disabilities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 578. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Code Section 47-2-223 of the Official Code of Georgia Annotated, relating to retirement benefits under the Employees Retirement System of Georgia for those in service in the Uniform Division of the Department of Public Safety, so as to provide that certain members of such retirement system may elect to pay an additional employee contribution to such retirement system; to provide that any such person may retire at age 55 or after attaining at least 25 years of creditable service and receive an enhanced retirement benefit; to provide that any such election shall be irrevocable; to provide for persons in service on July 1, 2006; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 579. By Representative Cheokas of the 134th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Marion County, approved February 21, 1951 (Ga. L. 1951, p. 2880), as amended, so as to change the compensation of the

WEDNESDAY, FEBRUARY 23, 2005

893

chairperson and members of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 580. By Representative Bearden of the 68th:
A BILL to be entitled an Act to amend Part 5 of Article 9 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to electronic recording voting systems, so as to require all electronic recording voting systems to produce a permanent paper record of the ballots cast 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 use of certain printers attached or connected to direct recording electronic voting equipment; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 581. By Representative Butler of the 18th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Bremen, approved December 30, 1898 (Ga. L. 1898, p. 136), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4406), so as to provide that the Bremen City Board of Education shall have sole authority to set, approve, and amend its budget; to provide taxing authority; to vest title of certain property in the board of education; to provide a joint review committee with the board of education and the board of commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 582. By Representatives Mosley of the 178th and Cummings of the 16th:
A BILL to be entitled an Act to amend Code Section 47-2-99 of the Official Code of Georgia Annotated, relating to the applicability of creditable service in the Employees Retirement System of Georgia for persons employed in a temporary full-time position, so as to provide that credit may be granted for service covered by Chapter 22 of Title 47, the Georgia Defined Contribution Plan; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Retirement.
HB 583. By Representative Mosley of the 178th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Patterson in the County of Pierce, approved April 9, 1981 (Ga. L. 1981, p. 4545), as amended, so as to reduce the number of members of the city council from six to five members; to provide for the time and manner of election of the mayor and council; to provide for the terms of the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 584. By Representatives Ralston of the 7th and Lewis of the 15th:
A BILL to be entitled an Act to amend Chapter 21 of Title 15 of the O.C.G.A., relating to payment and disposition of fines, so as to provide a short title; to create the Georgia Drivers Education Commission; to provide for the membership, appointment, terms, and duties of such commission; to provide for the ability of the commission to accept federal grants and funds and donations from other sources and the disposition of such funds; to provide for the imposition, collection, and disposition of certain additional fees for violation of certain criminal and traffic laws of this state; to provide for appropriations; to amend Article 2 of Chapter 5 of Title 40 of the O.C.G.A., relating to issuance, expiration, and renewal of drivers licenses, so as to change the minimum age for the issuance of certain licenses and permits; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 585. By Representatives Houston of the 170th and Shaw of the 176th:
A BILL to be entitled an Act to create a board of elections and registration for Berrien County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment;

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895

to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local.
HB 586. By Representative Borders of the 175th:
A BILL to be entitled an Act to amend Code Section 44-12-300 of the Official Code of Georgia Annotated, relating to state recognition of American Indian tribes, so as to officially recognize the Southeastern Cherokee Council, Inc.; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Rules.
HB 587. By Representative Roberts of the 154th:
A BILL to be entitled an Act to provide that future elections for the office of chief magistrate of Irwin County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 588. By Representative Roberts of the 154th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Irwin County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 589. By Representatives Rogers of the 26th, Keen of the 179th, Smith of the 13th, Floyd of the 147th, Harbin of the 118th and others:
A BILL to be entitled an Act to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to repeal Chapter 14, the "Georgia Cemetery and Funeral Services Act of 2000"; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Regulated Industries.
HB 590. By Representatives Fludd of the 66th, Lakly of the 72nd, Abdul-Salaam of the 74th, Jordan of the 77th and Yates of the 73rd:
A BILL to be entitled an Act to provide for a homestead exemption from City of Peachtree City ad valorem taxes for municipal purposes in the amount of $5,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or over and whose income does not exceed $30,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 591. By Representatives Maxwell of the 17th, Cox of the 102nd, Hembree of the 67th, Heckstall of the 62nd, Murphy of the 23rd and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or recognizances, so as provide that deportation constitutes a condition not warranting forfeiture of bond for failure to appear; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 592. By Representatives Maxwell of the 17th, Cox of the 102nd, Hembree of the 67th, Heckstall of the 62nd, Murphy of the 23rd and others:
A BILL to be entitled an Act to amend Code Section 17-6-54 of the Official Code of Georgia Annotated, relating to the restriction on bondsmens compensation after becoming the surety, so as to provide further definition of the term compensation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 593. By Representatives Maxwell of the 17th, Hembree of the 67th, Heckstall of the 62nd, Murphy of the 23rd and Randall of the 138th:
A BILL to be entitled an Act to amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture

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897

of bonds or recognizances, so as to require strict compliance with the notice to the surety for an execution hearing for the failure of a principal to appear; to provide for a structure of bond forfeiture amounts under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 594. By Representatives Maxwell of the 17th, Hembree of the 67th, Heckstall of the 62nd, Murphy of the 23rd and Randall of the 138th:
A BILL to be entitled an Act to amend Code Section 17-6-30 of the Official Code of Georgia Annotated, relating to fees of sureties, so as to change the basis of the bondsmens fees; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 595. By Representatives Millar of the 79th, Jacobs of the 80th, Drenner of the 86th, Chambers of the 81st, Henson of the 87th and others:
A BILL to be entitled an Act to provide for a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; 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.
HB 596. By Representatives Maxwell of the 17th, Cox of the 102nd, Hembree of the 67th, Heckstall of the 62nd and Murphy of the 23rd:
A BILL to be entitled an Act to amend Code Section 17-6-57 of the Official Code of Georgia Annotated, relating to bail recovery agents and identification cards, so as to provide additional requirements for identification cards; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.

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HB 597. By Representatives Burmeister of the 119th, Scott of the 153rd, Keen of the 179th, Fleming of the 117th and Geisinger of the 48th:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the O.C.G.A., relating to primaries and elections generally, so as to repeal a certain definition; to provide that a candidate must receive a majority of the votes cast to be elected to office; to provide that nonpartisan elections shall be held in conjunction with the November general election; to provide for qualifying for such nonpartisan election; to provide that electors must present proper identification when registering to vote or, if registering to vote for the first time in this state by mail, prior to voting; to provide for a state write-in absentee ballot for certain electors; to provide procedures for use of such ballot; to provide that no absentee ballot will be mailed after the seventh day prior to a primary or election; to provide that certain absentee ballots in runoffs that are postmarked by the date of the runoff may be received by the registrars up to ten days after the runoff; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 598. By Representatives Ray of the 136th and James of the 135th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Peach County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 599. By Representatives Ray of the 136th and James of the 135th:
A BILL to be entitled an Act to provide that future elections for the office of chief magistrate of Peach County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 600. By Representatives Mills of the 25th, Reece of the 27th, Rogers of the 26th and Benton of the 31st:

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899

A BILL to be entitled an Act to amend an Act providing a method of compensating the members of the board of education of Hall County, approved February 25, 1991 (Ga. L. 1991, p. 3504), so as to change certain provisions regarding the amount of such compensation; to provide for the automatic repeal of this Act; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 601. By Representatives Channell of the 116th and Fleming of the 117th:
A BILL to be entitled an Act to amend an Act providing an annual salary for the Wilkes County coroner, approved March 13, 1978 (Ga. L. 1978, p. 3121), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3919), so as to increase the salary of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 602. By Representatives Cooper of the 41st, Amerson of the 9th, Houston of the 170th, Burmeister of the 119th and Coan of the 101st:
A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the "Georgia Medical Assistance Act of 1977," so as to require that immunosuppressives for the treatment of transplantation be included in any approved formulary and covered for patients enrolled in Medicaid or any state funded health care program; to prohibit prior authorization requirements or other restrictions under Medicaid or any state funded health care program on immunosuppressives prescribed for transplant patients; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 603. By Representative Channell of the 116th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Greensboro, approved March 16, 1978 (Ga. L. 1978, p. 3932), as amended, so as to annex certain property and land into the corporate limits of the City of Greensboro; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

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HB 604. By Representatives Geisinger of the 48th and Mosley of the 178th:
A BILL to be entitled an Act to amend Code Section 50-8-7.1 of the Official Code of Georgia Annotated, relating to general powers and duties of the Department of Community Affairs, so as to provide that the department may adopt procedures by which regional development centers may charge a fee for reviewing certain proposed actions by local governing authorities; to provide for a report; to provide that such reviews shall be determined on the basis of whether the proposed action is best for the region; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HB 605. By Representatives Sinkfield of the 60th, Manning of the 32nd, Morgan of the 39th, Ashe of the 56th, Stephenson of the 92nd and others:
A BILL to be entitled an Act 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 definitions; to provide for legislative intent; to provide for a sufficient number of qualified child protective services workers; to limit caseloads for child protective services workers; to provide for requirements relating to initial investigations; to provide for adequate supervision of child protective services workers by the Division of Family and Children Services of the Department of Human Resources; to provide for a monthly report to the Board of Human Resources regarding caseloads of child protective services workers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Children & Youth.
HB 606. By Representatives Jones of the 44th, Brooks of the 63rd, Williams of the 165th, Dean of the 59th, Orrock of the 58th and others:
A BILL to be entitled an Act to amend Chapter 6 of Title 34 of the O.C.G.A., relating to labor organizations and labor relations, so as to authorize public employees to organize into bargaining units and to bargain collectively; to provide for a short title; to define certain terms; to provide for the establishment of the Public Employees Labor Relations Commission; to provide for the composition, appointment, and terms of officers; to establish the powers, authority, and duties of such commission; to provide for rules; to provide that public employees shall have the right to form, join, and participate in or to refrain from forming, joining, or participating in any employee organization; to provide that such employee organization may

WEDNESDAY, FEBRUARY 23, 2005

901

represent public employees in collective bargaining; to provide for registration of employee organizations; to provide for procedures and fees for registration; to amend Code Section 45-7-54 of the O.C.G.A.; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 607. By Representatives Stephenson of the 92nd, Morgan of the 39th, Mosby of the 90th, Williams of the 89th, Brooks of the 63rd and others:
A BILL to be entitled an Act to amend Code Section 17-10-6.1 of the Official Code of Georgia Annotated, relating to punishment for serious violent offenders, so as to eliminate the mandatory minimum punishment for certain persons convicted of certain serious violent offenses; to provide for a definition; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 608. By Representatives Reece of the 27th and Cooper of the 41st:
A BILL to be entitled an Act to amend Code Section 43-34-27 of the Official Code of Georgia Annotated, relating to license requirements for persons engaged in the practice of medicine, so as to change certain provisions relating to licensure to practice medicine by a person who graduated from a medical or osteopathic college which is not approved by the Composite State Board of Medical Examiners; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 609. By Representatives Crawford of the 127th, Richardson of the 19th and Willard of the 49th:
A BILL to be entitled an Act to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions for courts, so as to change provisions relating to requesting judicial assistance from other courts; to provide for consideration in selecting judges for assistance; to change certain provisions relating to senior judge status and requesting assistance from a senior judge; to change provisions relating to senior judges compensation; to change provisions relating to senior judges in state court, probate court, or juvenile court; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Judiciary.
HB 610. By Representatives Borders of the 175th, Black of the 174th, Royal of the 171st, Shaw of the 176th, Keown of the 173rd and others:
A BILL to be entitled an Act to amend an Act providing for a supplement to the compensation of the judges of the superior courts of the Southern Judicial Circuit, approved March 6, 1956 (Ga. L. 1956, p. 537), as amended, particularly by an Act approved April 4, 1996 (Ga. L. 1996, p. 4105), so as to increase the amount of such supplement; to provide for the payment of such supplement in specified amounts by the counties comprising the circuit; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local.
HB 611. By Representatives Channell of the 116th and Hudson of the 124th:
A BILL to be entitled an Act to create the Eatonton-Putnam Water and Sewer Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, fines, charges and earnings of the authority, contract payments to the authority and from other moneys pledged therefor and authorize the collection and pledging of the revenues, tolls, fees, fines, charges and earnings of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; to make the revenue bonds of the authority exempt from taxation; to provide for the validation of bonds; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 612. By Representative Hudson of the 124th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Warren County shall be nonpartisan elections held at the time of certain general primary elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

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903

HB 613. By Representatives Wix of the 33rd, Ehrhart of the 36th and Lord of the 142nd:
A BILL to be entitled an Act to amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to the examination of applicants for drivers licenses, so as to change the renewal period of licenses for bioptic drivers from two to four years; to eliminate the need for a road test upon renewal; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 614. By Representatives Miller of the 106th, Cox of the 102nd, Sheldon of the 105th, Casas of the 103rd, Heard of the 104th and others:
A BILL to be entitled an Act to amend an Act creating the Recorders Court of Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4183), so as to change provisions relating to the qualifications of assistant solicitors; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 615. By Representative McCall of the 30th:
A BILL to be entitled an Act to amend an Act providing for a Board of Commissioners for the County of Elbert, approved February 27, 1875 (Ga. L. 1875, p. 253), as amended, particularly by an Act approved September 5, 1991 (Ga. L. 1991 Ex Sess., p. 370), so as to change provisions relating to the election and powers of the chairperson of the board of commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 297. By Representative Jenkins of the 8th:
A RESOLUTION honoring poet and novelist Byron Herbert Reece by naming him "Georgia's Appalachian Poet/Novelist"; and for other purposes.
Referred to the Committee on Special Rules.
HR 300. By Representatives Manning of the 32nd, Rynders of the 152nd, Talton of the 145th, Oliver of the 83rd, Byrd of the 20th and others:

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A RESOLUTION urging Georgia to develop best practices in child welfare policy and urging the Department of Human Resources Division of Family and Children Services and child advocates to meet to discuss a Bill of Rights for Children in Foster Care; and for other purposes.

Referred to the Committee on Children & Youth.

HR 301. By Representatives Stephenson of the 92nd, Lucas of the 139th, Dukes of the 150th, Morgan of the 39th, Mosby of the 90th and others:

A RESOLUTION creating the Georgia Capital Punishment Study Commission to study the death penalty; to provide for the powers, duties, and compensation of its members; to suspend executions until such time as a report from such study commission is submitted to the General Assembly and the General Assembly and the Governor act in response to recommendations from the study commission; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary Non-Civil.

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

HB 556 HB 557 HB 558 HB 559 HB 560 HB 561 HB 562 HB 567 HB 568

HB 569 HB 571 HB 572 HB 573 HB 574 HB 575 HR 280 HR 295 HR 296

Representative Willard of the 49th District, 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 House and has instructed me to report the same back to the House with the following recommendations:

HB 25 Do Pass HB 26 Do Pass

HB 27 Do Pass, by Substitute HB 149 Do Pass

WEDNESDAY, FEBRUARY 23, 2005

905

Respectfully submitted, /s/ Willard of the 49th
Chairman

The following Resolution of the House, referred to the House Rules Subcommittee on Invites, was reported by the Committee on Rules with the following recommendation:

HR 279 Do Pass

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

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 23, 2005

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 23rd Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

SB 34

Ga. Master Teacher Program; Academic Coach Program; establishment; regulations (AM 33 0246)

Modified Open Rule

HB 197

Abortion; Woman's Right to Know Act; enact

Modified Structured Rule

None

Structured Rule

HB 384

Motor fuel tax; additional exemption; limited time period; provisions

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

Respectfully submitted /s/ Ehrhart of the 36th
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 bills of the Senate:
SB 41. By Senator Smith of the 52nd:
A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the green tree frog as the official state amphibian; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 100. By Senators Hamrick of the 30th, Thompson of the 33rd, Johnson of the 1st and Starr of the 44th:
A BILL to be entitled an Act to amend Chapter 8 of Title 16 of the O.C.G.A., relating to offenses involving theft, so as to provide for the "Georgia Residential Mortgage Fraud Act"; to provide a short title; to provide for definitions; to define the criminal offense of residential mortgage fraud; to provide for venue; to provide penalties; to authorize district attorneys and the Attorney General to investigate and prosecute cases of residential mortgage fraud; to provide for the forfeiture of real and personal property; to amend Chapter 14 of Title 16 of the O.C.G.A., the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," so as to include residential mortgage fraud within the definition of racketeering activity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 141. By Senator Balfour of the 9th:
A BILL to be entitled an Act to amend Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to prohibit pyramid promotional schemes; to provide definitions; to provide for penalties and procedures; to provide for other 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:

WEDNESDAY, FEBRUARY 23, 2005

907

SR 23. By Senators Johnson of the 1st and Harbison of the 15th:
A RESOLUTION creating the Joint Port Authority for the Port of Savannah Study Committee; and for other purposes.
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 33. By Senators Moody of the 56th, Douglas of the 17th, Balfour of the 9th, Hooks of the 14th, Bulloch of the 11th and others:
A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to change certain provisions relating to determination of enrollment by institutional programs; to authorize the establishment of the Georgia Virtual School; to provide for rules and regulations; to provide for a Georgia Virtual School grant account; to provide for statutory construction; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the Committees:
SB 41. By Senator Smith of the 52nd:
A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the green tree frog as the official state amphibian; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
SB 100. By Senators Hamrick of the 30th, Thompson of the 33rd, Johnson of the 1st and Starr of the 44th:
A BILL to be entitled an Act to amend Chapter 8 of Title 16 of the O.C.G.A., relating to offenses involving theft, so as to provide for the "Georgia Residential Mortgage Fraud Act"; to provide a short title; to provide for definitions; to define the criminal offense of residential mortgage fraud; to provide for venue; to provide penalties; to authorize district attorneys and the Attorney General to investigate and prosecute cases of residential mortgage fraud; to provide for the forfeiture of real and personal property; to amend Chapter 14 of Title 16 of the O.C.G.A., the "Georgia RICO (Racketeer

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Influenced and Corrupt Organizations) Act," so as to include residential mortgage fraud within the definition of racketeering activity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banks & Banking.
SB 141. By Senator Balfour of the 9th:
A BILL to be entitled an Act to amend Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to prohibit pyramid promotional schemes; to provide definitions; to provide for penalties and procedures; to provide for other related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SR 23. By Senators Johnson of the 1st and Harbison of the 15th:
A RESOLUTION creating the Joint Port Authority for the Port of Savannah Study Committee; and for other purposes.
Referred to the Committee on Governmental Affairs.
By order of the Committee on Rules, the following Resolution of the House was withdrawn from the General Calendar and recommitted to the Committee on Intragovernmental Coordination:
HR 167. By Representatives Davis of the 109th, Burkhalter of the 50th, Stephens of the 164th, Harbin of the 118th, Forster of the 3rd and others:
A RESOLUTION urging the United States Senators of the State of Georgia to support the Presidents nominees to the United States Supreme Court; and for other purposes.
The following members were recognized during the period of Morning Orders and addressed the House:
Abdul-Salaam of the 74th, Davis of the 109th, Maxwell of the 17th, and Bridges of the 10th.
Representative Bordeaux of the 162nd moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

WEDNESDAY, FEBRUARY 23, 2005

909

HB 299. By Representatives Hembree of the 67th, Ehrhart of the 36th, Martin of the 47th and Smith of the 113th:

A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to provide for certain definitions; to limit the number of quarter or semester hours for which HOPE scholarships may be received at public and private postsecondary institutions; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

Y Abdul-Salaam N Amerson Y Anderson Y Ashe N Barnard
Barnes N Bearden
Beasley-Teague Benfield N Benton Y Black Y Bordeaux Borders N Bridges Y Brooks N Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G N Burkhalter N Burmeister N Burns N Butler N Byrd N Carter Casas N Chambers Channell Y Cheokas N Coan N Cole N Coleman, B Y Coleman, T N Cooper N Cox

N Crawford Y Cummings N Davis N Day
Dean N Dickson E Dodson N Dollar
Drenner Y Dukes N Ehrhart N England
Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin N Freeman Y Gardner N Geisinger N Golick N Graves, D N Graves, T Y Greene Y Hanner N Harbin N Hatfield N Heard, J Y Heard, K
Heckstall N Hembree Y Henson N Hill, C N Hill, C.A

Y Holmes N Holt N Horne N Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S
Jordan N Keen N Keown E Kidd N Knight N Knox N Lakly N Lane, B N Lane, R N Lewis N Lindsey
Lord N Loudermilk Y Lucas N Lunsford N Maddox Y Mangham N Manning Y Marin N Martin

N Maxwell N May
McCall Y McClinton N Meadows N Millar N Miller N Mills Y Mitchell Y Morgan Y Morris Y Mosby N Mosley N Mumford N Murphy, J Y Murphy, Q N Neal
Oliver N O'Neal Y Orrock E Parham Y Parrish N Parsons Y Porter
Powell N Ralston
Randall Y Ray Y Reece, B N Reece, S N Reese N Rice N Roberts N Rogers Y Royal N Rynders

Sailor N Scheid N Scott, A N Scott, M
Setzler Shaw N Sheldon N Sims, C Y Sims, F Y Sinkfield N Smith, B N Smith, L Y Smith, P N Smith, R E Smith, T N Smith, V Y Smyre Y Stanley-Turner N Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin N Walker Y Warren Y Watson N Wilkinson Willard Y Williams, A Y Williams, E N Williams, R Wix N Yates Richardson, Speaker

On the motion, the ayes were 61, nays 91.

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The motion was lost.
Representative Jones of the 46th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.
Representatives Borders of the 175th and Shaw of the 176th 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 Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 279. By Representative Neal of the 1st:
A RESOLUTION congratulating the 2004 Gordon Lee High School Softball Team, winners of the Class A State Championship, and inviting the team to appear before the House of Representatives; and for other purposes.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 320. By Representatives Black of the 174th, Borders of the 175th and Shaw of the 176th:
A RESOLUTION commending the 2004 Lowndes High School football team and inviting them to appear before the House of Representatives; and for other purposes.
HR 321. By Representatives Amerson of the 9th, Bridges of the 10th, Reece of the 27th, Ralston of the 7th and Jenkins of the 8th:
A RESOLUTION inviting representatives of the Georgia Appalachian Trail Club to appear before the House of Representatives; and for other purposes.
The Speaker announced the House in recess until 2:15 o'clock this afternoon.

WEDNESDAY, FEBRUARY 23, 2005

911

AFTERNOON SESSION
The Speaker called the House to order.
The following Resolutions of the House were read:
HR 319. By Representative Davis of the 109th:
A RESOLUTION recognizing and commending Candler Woods for his outstanding athletic performance; and for other purposes.
HR 322. By Representative Lewis of the 15th:
A RESOLUTION recognizing and commending the extraordinary career of Mrs. Debi Younginer on the occasion of her retirement; and for other purposes.
HR 323. By Representative Parrish of the 156th:
A RESOLUTION remembering and honoring the life of Lamar Samples; and for other purposes.
HR 324. By Representative Lewis of the 15th:
A RESOLUTION commending and congratulating Ms. Gail Horne on her outstanding career with the State of Georgia; and for other purposes.
HR 325. By Representative Anderson of the 123rd:
A RESOLUTION recognizing and honoring Sister Hattie Bessent Carpenter; and for other purposes.
HR 326. By Representative Anderson of the 123rd:
A RESOLUTION recognizing and honoring Deacon William Edward Bessent; and for other purposes.
HR 327. By Representative Anderson of the 123rd:
A RESOLUTION recognizing and honoring Sister Irene Sams; and for other purposes.
HR 328. By Representative Anderson of the 123rd:

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A RESOLUTION recognizing and honoring Sister Eddie L. Sills; and for other purposes.

HR 329. By Representative Anderson of the 123rd:

A RESOLUTION recognizing and honoring Brother Lindsey P. Jones; and for other purposes.

HR 330. By Representative Anderson of the 123rd:

A RESOLUTION recognizing and honoring Sister Cecelia Kirkland; and for other purposes.

HR 331. By Representative Anderson of the 123rd:

A RESOLUTION recognizing and honoring Sister Celestine Sharpe; and for other purposes.

HR 332. By Representative Anderson of the 123rd:

A RESOLUTION recognizing and honoring Sister Kathryn Cain Sills; and for other purposes.

HR 333. By Representative Anderson of the 123rd:

A RESOLUTION recognizing and honoring Deacon Shepherd Archie; and for other purposes.

HR 334. By Representatives Heard of the 104th, Miller of the 106th, Floyd of the 99th, Coleman of the 97th, Marin of the 96th and others:

A RESOLUTION recognizing and commending the establishment of the Georgia Campus - Philadelphia College of Osteopathic Medicine; and for other purposes.

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

Abdul-Salaam Y Amerson
Anderson Y Ashe
Barnard Barnes

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson

Holmes Y Holt Y Horne
Houston Howard Y Hudson

Y Maxwell Y May
McCall McClinton Y Meadows Millar

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw

WEDNESDAY, FEBRUARY 23, 2005

913

Y Bearden Beasley-Teague Benfield
Y Benton Black Bordeaux
Y Borders Y Bridges Y Brooks
Brown Bruce Y Bryant Buckner, D Buckner, G Y Burkhalter Y Burmeister Y Burns Butler Y Byrd Y Carter Y Casas Chambers Channell Y Cheokas Coan Y Cole Y Coleman, B Coleman, T Cooper Y Cox

E Dodson Y Dollar
Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming
Floyd, H Y Floyd, J Y Fludd
Forster Y Franklin Y Freeman Y Gardner Y Geisinger
Golick Graves, D Y Graves, T Y Greene Hanner Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A

Y Hugley Jackson
Y Jacobs James Jamieson
Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S
Jordan Y Keen Y Keown E Kidd
Knight Knox Y Lakly Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Mangham Manning Y Marin Y Martin

Y Miller Y Mills Y Mitchell
Morgan Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Orrock E Parham Y Parrish Y Parsons Porter Y Powell Y Ralston Randall Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sheldon Sims, C
Y Sims, F Sinkfield Smith, B
Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V
Smyre Stanley-Turner Stephens Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Walker Y Warren Y Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Yates Richardson, Speaker

On the adoption of the Resolutions, the ayes were 115, nays 0.

The Resolutions were adopted.

Representative Lane of the 158th 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 Coan of the 101st 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:

HB 520 Do Pass, by Substitute

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Respectfully submitted, /s/ Coan of the 101st
Chairman
The following Resolutions of the House, referred to the House Rules Subcommittee on Invites, were reported by the Committee on Rules with the following recommendations:
HR 218 Do Pass HR 219 Do Pass HR 220 Do Pass
Representative Hill of the 21st District, Chairman of the Committee on Special Rules, submitted the following report:
Mr. Speaker:
Your Committee on Special Rules 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 312 Do Pass, by Substitute SB 49 Do Pass
Respectfully submitted, /s/ Hill of the 21st
Chairman
Under the general order of business, established by the Committee on Rules, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 384. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to provide for an additional exemption from the motor fuel tax and the second motor fuel tax for a limited period of time; 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.

WEDNESDAY, FEBRUARY 23, 2005

915

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

Y Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague Benfield Y Benton Y Black Bordeaux Y Borders Y Bridges Y Brooks Brown Y Bruce Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes
Ehrhart Y England Y Epps Y Fleming
Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene
Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston
Howard Hudson Y Hugley Jackson Y Jacobs James Y Jamieson Y Jenkins E Jennings Y Johnson Jones, J Y Jones, S Y Jordan Y Keen Y Keown E Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May
McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal
Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston
Randall Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon
Sims, C Y Sims, F Y Sinkfield
Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V
Smyre Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker

On the passage of the Bill, the ayes were 146, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

Representatives Channell of the 116th, Hanner of the 148th, and Smith of the 113th 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 197. By Representatives Burmeister of the 119th, Mills of the 25th, Smith of the 168th, Walker of the 107th, Fleming of the 117th and others:

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A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 15 of the O.C.G.A., relating to parental notification, so as to define and eliminate certain terms; to require certain types of identification to be presented in order for a physician to perform an abortion; to amend Chapter 12 of Title 16 of the O.C.G.A., relating to offenses against health and morals, so as to provide that all abortions must be performed in certain facilities; to provide for certain reports by physicians; to provide for certain forms; to provide for certain reports by the Department of Human Resources; to provide for penalties and remedies for failure to provide such reports; to provide for a short title; to provide for definitions; to require that a female give her informed consent prior to an abortion; to require that certain information be provided to or made available to a female prior to an abortion; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL
To amend and revise provisions of the Official Code of Georgia Annotated relating to abortions; to amend Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to parental notification, so as to define and redefine certain terms; to require certain types of identification to be presented in order for a physician to perform an abortion; to change provisions relating to required participation by or notice to parents, guardians, and others and court proceedings for waiver of such provisions; to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against health and morals, so as to provide that abortions must be performed in certain facilities and by certain persons; to provide for certain reports; to provide for certain forms; to provide for certain reports by the Department of Human Resources; to provide for penalties and remedies for failure to provide such reports; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to enact the "Womans Right to Know Act"; to provide for a short title; to provide for definitions; to require that a female give her informed consent prior to an abortion; to require that certain information be provided to or made available to a female prior to an abortion; to require a written acknowledgment of receipt of such information; to provide for the preparation and availability of certain information; to provide for procedures in a medical emergency; to provide for reporting requirements and penalties for noncompliance; to provide for anonymity of certain persons in civil actions; to provide for related matters; to provide for severability; 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.

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Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to parental notification, is amended by striking Code Section 15-11-111, relating to definitions, and inserting in lieu thereof the following:
"15-11-111. As used in this article, the term:
(1) 'Abortion' means the intentional termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus use or prescription of any instrument, medicine, drug, or any other substance or device with the intent to terminate the pregnancy of a female known to be pregnant. The term 'abortion' shall not include the use or prescription of any instrument, medicine, drug, or any other substance or device employed solely to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn child who died as a result of a spontaneous abortion. The term 'abortion' also shall not include the prescription or use of contraceptives. (2) 'Proper identification' means any document issued by a governmental agency containing a description of the person, the persons photograph, or both, including, but not limited to, a drivers license, an identification card authorized under Code Sections 40-5-100 through 40-5-104 or similar identification card issued by another state, a military identification card, a passport, or an appropriate work authorization issued by the United States Immigration and Naturalization Service. (2)(3) 'Unemancipated minor' means any person under the age of 18 who is not or has not been married or who is under the care, custody, and control of such persons parent or parents, guardian, person standing in loco parentis, or the juvenile court of competent jurisdiction."
SECTION 2. Said article is further amended by striking Code Section 15-11-112, relating to the notice of an abortion for an unemancipated minor, and inserting in lieu thereof the following:
"(a) No physician or other person shall perform an abortion upon an unemancipated minor under the age of 18 years unless:
(1)(A) The minor seeking an abortion shall furnish a statement, signed be accompanied by a parent, or guardian, or person standing in loco parentis and such minor, stating who shall show proper identification and state that such the parent, or guardian, or person standing in loco parentis is the lawful parent or guardian of such the minor, or is the person standing in loco parentis of such minor, and that such the parent, or guardian, or person standing in loco parentis has been notified that an abortion is to be performed on such the minor; or (B) The physician or an the physicians qualified agent gives at least 24 hours actual notice, in person or by telephone, to a parent, or guardian, or person standing in loco parentis of the minor, of the pending abortion and the name and address of the place where the abortion is to be performed; provided, however, that, if the person so notified indicates that he or she has been previously informed that the minor was seeking an abortion or if the person so notified has not been previously

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informed and he or she clearly expresses that he or she does not wish to consult with the minor, then in either event the abortion may proceed immediately in accordance with Chapter 9A of Title 31; or (C) The physician or an a physicians qualified agent gives written notice of the pending abortion and the address of the place where the abortion is to be performed, sent by regular certified mail, return receipt requested with delivery confirmation, addressed to a parent, or guardian, or person standing in loco parentis of the minor at the usual place of abode of the parent, or guardian, or person standing in loco parentis. Unless proof of delivery is otherwise sooner established, such notice shall be deemed delivered 48 hours after mailing. The time of mailing shall be recorded by the physician or agent in the minors file. The abortion may be performed 24 hours after the delivery of the notice; provided, however, that, if the person so notified indicates certifies in writing that he or she has been previously informed that the minor was seeking an abortion or if the person so notified has not been previously informed and he or she clearly expresses certifies in writing that he or she does not wish to consult with the minor, then in either event the abortion may proceed immediately in accordance with Chapter 9A of Title 31; and (2) The minor signs a consent form stating that she consents, freely and without coercion, to the abortion. (b) If the unemancipated minor or the physician or an a physicians qualified agent, as the case may be, elects not to comply with any one of the notification requirements of subparagraph (a)(1)(A), (a)(1)(B), or (a)(1)(C) of this Code section, or if the parent, or legal guardian, or person standing in loco parentis of such the minor cannot be located, such the minor may petition, on such the minors own behalf or by next friend, any juvenile court in the state for a waiver of such requirement pursuant to the procedures provided for in Code Section 15-11-114. Such The juvenile court shall assist the minor or next friend in preparing the petition and notices required pursuant to this Code section. Venue shall be lawful in any county, notwithstanding Code Section 15-11-29. (c) No abortion shall be performed unless the requirements of subparagraph (a)(1)(A), (a)(1)(B), or (a)(1)(C) of this Code section have been met or the minor has obtained a court order waiving such requirements."
SECTION 3. Said article is further amended by striking subsection (c) of Code Section 15-11-114, relating to the conduct of the hearing and appeal, and inserting in lieu thereof the following:
"(c) The notification requirement of subparagraph (a)(1)(A), (a)(1)(B), or (a)(1)(C) of Code Section 15-11-112 shall be waived if the court finds either:
(1) That the unemancipated minor is mature enough and well enough informed to make the abortion decision in consultation with her physician, independently of the wishes of such minors parent, or guardian, or person standing in loco parentis; or

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(2) That the notice to a parent or, if the minor is subject to guardianship, the legal guardian or person standing in loco parentis pursuant to Code Section 15-11-112 would not be in the best interests of the minor."
SECTION 4. Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against health and morals, is amended by striking subsection (b) of Code Section 16-12141, relating to when abortion is legal, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b)(1) No abortion is authorized or shall be performed after the first trimester unless the abortion is performed in a licensed hospital, in a licensed ambulatory surgical center, or in a health facility licensed as an abortion facility by the Department of Human Resources. (2) An abortion shall only be performed by a physician licensed under Article 2 of Chapter 34 of Title 43."
SECTION 5. Said chapter is further amended in Code Section 16-12-141.1, relating to disposal of aborted fetuses and reports, by adding new subsections (c), (d), (e), (f), (g), (h), and (i) to read as follows:
"(c) Within 90 days after the effective date of this subsection, the Department of Human Resources shall prepare a reporting form for physicians which shall include:
(1) The number of females whose parent or guardian was provided the notice required in paragraph (1) of subsection (a) of Code Section 15-11-112 by the physician or such physicians agent; of that number, the number of notices provided personally under subparagraphs (a)(1)(A) and (a)(1)(B) of Code Section 15-11-112 and the number of notices provided by mail under subparagraph (a)(1)(C) of Code Section 15-11-112; and, of each of those numbers, the number of females who, to the best of the reporting physicians information and belief, went on to obtain the abortion; (2) The number of females upon whom the physician performed an abortion without providing to the parent or guardian of a minor the notice required by subsection (a) of Code Section 15-11-112; and of that number, the number of females for which subsection (b) of Code Section 15-11-112 and Code Section 15-11-116 were applicable; (3) The number of abortions performed upon a female by the physician after receiving judicial authorization pursuant to subsection (b) of Code Section 15-11-112 and Code Section 15-11-114; and (4) The same information described in paragraphs (1), (2), and (3) of this subsection with respect to females for whom a guardian or conservator has been appointed. (d) The Department of Human Resources shall ensure that copies of the reporting forms described in subsection (c) of this Code section, together with a reprint of this Code section, are provided:

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(1) Within 120 days after the effective date of this subsection, to all health facilities licensed as an abortion facility by the Department of Human Resources; (2) To each physician licensed or who subsequently becomes licensed to practice medicine in this state at the same time as official notification to that physician that the physician is so licensed; and (3) By December 1 of every year, other than the calendar year in which forms are distributed in accordance with paragraph (1) of this subsection, to all health facilities licensed as an abortion facility by the Department of Human Resources. (e) By February 28 of each year following a calendar year in any part of which this subsection was in effect, each physician who provided, or whose agent provided, the notice described in subsection (a) of Code Section 15-11-112 and any physician who knowingly performed an abortion upon a female or upon a female for whom a guardian or conservator had been appointed because of a finding of incompetency during the previous calendar year shall submit to the Department of Human Resources a copy of the form described in subsection (c) of this Code section with the requested data entered accurately and completely. (f) Reports that are submitted more than 30 days following the due date shall be subject to a late fee of $500.00 for that period and the same fee for each additional 30 day period or portion of a 30 day period in which they remain overdue. Any physician required to report in accordance with this Code section who submits an incomplete report or fails to submit a report for more than one year following the due date may, in an action brought by the Department of Human Resources, be directed by a court of competent jurisdiction to submit a complete report within a period stated by court order or be subject to sanctions for civil contempt. (g) By June 30 of each year, the Department of Human Resources shall issue a public report providing statistics for the previous calendar year compiled from all the reports covering that year submitted in accordance with this Code section for each of the items listed in subsection (c) of this Code section. The report shall also include statistics which shall be obtained by the Administrative Office of the Courts giving the total number of petitions or motions filed under subsection (b) of Code Section 15-11-112 and, of that number, the number in which the court appointed a guardian ad litem, the number in which the court appointed counsel, the number in which the judge issued an order authorizing an abortion without notification, the number in which the judge denied such an order, and, of the last, the number of denials from which an appeal was filed, the number of such appeals that resulted in the denials being affirmed, and the number of such appeals that resulted in reversals of such denials. Each report shall also provide the statistics for all previous calendar years for which such a public statistical report was required to be issued, adjusted to reflect any additional information from late or corrected reports. The Department of Human Resources shall ensure that none of the information included in the public reports could reasonably lead to the identification of any individual female or of any female for whom a guardian or conservator has been appointed.

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(h) The Department of Human Resources may by regulation alter the dates established by paragraph (3) of subsection (d) and subsections (e) and (g) of this Code section or consolidate the forms or reports to achieve administrative convenience or fiscal savings or to reduce the burden of reporting requirements so long as reporting forms are sent to all licensed physicians in the state at least once every year and the report described in subsection (g) of this Code section is issued at least once each year. (i) The Department of Human Resources shall ensure that the names and identities of the physicians filing reports under this Code section shall remain confidential. The names and identities of such physicians shall not be subject to Article 4 of Chapter 18 of Title 50."
SECTION 6. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding after Chapter 9 a new Chapter 9A to read as follows:
"CHAPTER 9A
31-9A-1. This chapter shall be known and may be cited as the 'Womans Right to Know Act.'
31-9A-2. As used in this chapter, the term:
(1) 'Abortion' means the use or prescription of any instrument, medicine, drug, or any other substance or device with the intent to terminate the pregnancy of a female known to be pregnant. The term 'abortion' shall not include the use or prescription of any instrument, medicine, drug, or any other substance or device employed solely to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn child who died as the result of a spontaneous abortion. The term 'abortion' also shall not include the prescription or use of contraceptives. (2) 'Medical emergency' means any condition which, on the basis of the physicians good faith clinical judgment, so complicates the medical condition of a pregnant female as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial or irreversible impairment of a major bodily function. (3) 'Physician' means a person licensed to practice medicine under Article 2 of Chapter 34 of Title 43. (4) 'Probable gestational age of the unborn child' means the physicians best professional estimate of the probable gestational age of the unborn child at the time an abortion is to be performed. (5) 'Qualified agent' means the agent of the physician who is a licensed psychologist, licensed social worker, licensed professional counselor, licensed physicians assistant, registered nurse, or physician.

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(6) 'Secure Internet website' means a website that is safeguarded from having its content altered other than by the commissioner of human resources. (7) 'Unborn child' or 'fetus' means a member of the species homo sapiens from fertilization until birth.
31-9A-3. No abortion shall be performed in this state except with the voluntary and informed consent of the female upon whom the abortion is to be performed. Notwithstanding any provision of law to the contrary, except in the case of a medical emergency, consent to an abortion is voluntary and informed if and only if:
(1) The female is told the following, by telephone or in person, by the physician who is to perform the abortion, by a qualified agent of the physician who is to perform the abortion, by a qualified agent of a referring physician, or by a referring physician, at least 24 hours before the abortion:
(A) The particular medical risks to the individual patient associated with the particular abortion procedure to be employed, when medically accurate; (B) The probable gestational age of the unborn child at the time the abortion would be performed; and (C) The medical risks associated with carrying the unborn child to term. The information required by this paragraph may be provided by telephone without conducting a physical examination or tests of the patient, in which case the information required to be provided may be based on facts supplied to the physician by the female and whatever other relevant information is reasonably available to the physician. Such information may not be provided by a tape recording but must be provided during a consultation in which the physician or a qualified agent of the physician is able to ask questions of the female and the female is able to ask questions of the physician or the physicians qualified agent. If in the medical judgment of the physician any physical examination, tests, or other information subsequently provided to the physician requires a revision of the information previously supplied to the patient, that revised information shall be communicated to the patient prior to the performance of the abortion. Nothing in this Code section may be construed to preclude provision of required information in a language understood by the patient through a translator; (2) The female is informed, by telephone or in person, by the physician who is to perform the abortion, by a referring physician, or by a qualified agent of either physician at least 24 hours before the abortion: (A) That medical assistance benefits may be available for prenatal care, childbirth, and neonatal care; (B) That the father will be liable pursuant to subsection (a) of Code Section 19-7-49 to assist in the support of her child; and (C) That she has the right to review the printed materials described in Code Section 31-9A-4 and that these materials are available on a state sponsored website at a stated website address. The physician or the physicians qualified agent shall orally

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inform the female that materials have been provided by the State of Georgia and that they describe the unborn child, list agencies that offer alternatives to abortion, and contain information on fetal pain. If the female chooses to view the materials other than on the website, they shall either be given to her at least 24 hours before the abortion or mailed to her at least 72 hours before the abortion by certified mail, restricted delivery to addressee. The information required by this paragraph may be provided by a tape recording if provision is made to record or otherwise register specifically whether the female does or does not choose to review the printed materials other than on the website; (3) The female certifies in writing, prior to the abortion, that the information described in paragraphs (1) and (2) of this Code section has been furnished her and that she has been informed of her opportunity to review the information referred to in subparagraph (C) of paragraph (2) of this Code section; and (4) Prior to the performance of the abortion, the physician who is to perform the abortion or the physicians qualified agent receives a copy of the written certification prescribed by paragraph (3) of this Code section and retains it on file with the females medical record for at least three years following the date of receipt.
31-9A-4. (a) Within 90 days after this chapter first becomes effective, the Department of Human Resources shall cause to be published in English and in each language which is the primary language of 2 percent or more of the states population and shall cause to be available on the state website provided for in subsection (d) of this Code section the following printed materials in such a way as to ensure that the information is easily comprehensible:
(1) Geographically indexed materials designed to inform the female of public and private agencies and services available to assist a female through pregnancy, upon childbirth, and while the child is dependent, including adoption agencies, which shall include a comprehensive list of the agencies available, a description of the services they offer, and a description of the manner, including telephone numbers and website addresses, in which they might be contacted or, at the option of such department, printed materials including a toll-free, 24 hour telephone number which may be called to obtain, orally or by a tape recorded message tailored to the ZIP Code entered by the caller, such a list and description of agencies in the locality of the caller and of the services they offer; (2) Materials designed to inform the female of the probable anatomical and physiological characteristics of the unborn child at two-week gestational increments from the time when a female can be known to be pregnant to full term, including any relevant information on the possibility of the unborn childs survival and pictures representing the development of unborn children at two-week gestational increments, provided that any such pictures must contain the dimensions of the fetus and must be factually accurate for the stage of pregnancy depicted. The materials shall be objective, nonjudgmental, and designed to convey only factually accurate scientific

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information about the unborn child at the various gestational ages. The material shall also contain objective information describing the methods of abortion procedures commonly employed, the medical risks commonly associated with each such procedure, the possible detrimental psychological effects of abortion, and the medical risks commonly associated with carrying a child to term; and (3) Materials with the following statement concerning unborn children of 20 weeks or more gestational age:
'By 20 weeks gestation, the unborn child has the physical structures necessary to experience pain. There is evidence that by 20 weeks gestation unborn children seek to evade certain stimuli in a manner which in an infant or an adult would be interpreted to be a response to pain. Anesthesia is routinely administered to unborn children who are 20 weeks gestational age or older who undergo prenatal surgery.' The materials shall be objective, nonjudgmental, and designed to convey only accurate scientific information about the unborn child at the various gestational ages. (b) The materials referred to in subsection (a) of this Code section shall be printed in a typeface large enough to be clearly legible. All pictures and print appearing on the website shall be clearly legible. All information and pictures shall be accessible with an industry standard browser, requiring no additional plug-ins. (c) The materials required under this Code section shall be available at no cost from the Department of Human Resources upon request and in a reasonably appropriate number to any person, facility, or hospital. (d) The Department of Human Resources shall develop and maintain a secure Internet website to provide the information described in this Code section. No information regarding who uses the website shall be collected or maintained. The Department of Human Resources shall monitor the website on a weekly basis to prevent and correct tampering.
31-9A-5. (a) When a medical emergency compels the performance of an abortion, the physician shall inform the female prior to the abortion, if medically reasonable and prudent, of the medical indications supporting the physicians judgment that an abortion is medically necessary to avert her death or that a 24 hour delay will create serious risk of substantial or irreversible impairment of a major bodily function. (b) Any physician who complies with subsection (a) of this Code section shall not be held civilly liable to a patient for failure to obtain informed consent to an abortion.
31-9A-6. (a) Within 90 days after this chapter first becomes effective, the Department of Human Resources shall prepare a reporting form for physicians performing abortions in a health facility licensed as an abortion facility by the Department of Human Resources containing a reprint of this chapter and listing:
(1) The number of females to whom the physician provided the information described in paragraph (1) of Code Section 31-9A-3; of that number, the number to

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whom the information was provided by telephone and the number to whom the information was provided in person; and of each of those numbers, the number to whom the information was provided by a referring physician and the number to whom the information was provided by a physician who is to perform the abortion; (2) The number of females to whom the physician or a qualified agent of the physician provided the information described in paragraph (2) of Code Section 319A-3; of that number, the number to whom the information was provided by telephone and the number to whom the information was provided in person; of each of those numbers, the number to whom the information was provided by a referring physician and the number to whom the information was provided by a physician who is to perform the abortion; and of each of those numbers, the number to whom the information was provided by the physician and the number to whom the information was provided by a qualified agent of the physician; and (3) The number of females who availed themselves of the opportunity to obtain a copy of the printed information described in Code Section 31-9A-4, other than on the website, and the number who did not; and of each of those numbers, the number who, to the best of the reporting physicians information and belief, went on to obtain the abortion. (b) The Department of Human Resources shall ensure that copies of the reporting forms described in subsection (a) of this Code section are provided: (1) Within 120 days after this chapter first becomes effective, to all health facilities licensed as an abortion facility by the Department of Human Resources; (2) To each physician licensed or who subsequently becomes licensed to practice in this state, at the same time as official notification to that physician that the physician is so licensed; and (3) By December 1 of each year, other than the calendar year in which forms are distributed in accordance with paragraph (1) of this subsection, to all health facilities licensed as an abortion facility by the Department of Human Resources. (c) By February 28 of each year following a calendar year in any part of which this chapter was in effect, each physician who provided, or whose qualified agent provided, information to one or more females in accordance with Code Section 31-9A-3 during the previous calendar year shall submit to the Department of Human Resources a copy of the form described in subsection (a) of this Code section with the requested data entered accurately and completely. (d) Nothing in this Code section shall be construed to preclude the voluntary or required submission of other reports or forms regarding abortions. (e) Reports that are not submitted within a grace period of 30 days following the due date shall be subject to a late fee of $500.00 for that period and the same fee for each additional 30 day period or portion of a 30 day period the reports are overdue. Any physician required to submit a report in accordance with this Code section who submits an incomplete report or fails to submit a report for more than one year following the due date may, in an action brought by the Department of Human Resources, be directed

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by a court of competent jurisdiction to submit a complete report within a period stated by court order or may be subject to sanctions for civil contempt. (f) By June 30 of each year, the Department of Human Resources shall issue a public report providing statistics for the previous calendar year compiled from all of the reports covering that year submitted in accordance with this Code section for each of the items listed in subsection (a) of this Code section. Each report shall also provide the statistics for all previous calendar years adjusted to reflect any additional information from late or corrected reports. The Department of Human Resources shall ensure that none of the information included in the public reports could reasonably lead to the identification of any individual who provided information in accordance with Code Section 31-9A-3 or 31-9A-4. (g) The Department of Human Resources may, by regulation, alter the dates established by subsection (c) or (e) of this Code section or paragraph (3) of subsection (b) of this Code section or may consolidate the forms or reports described in this Code section with other forms or reports for reasons including, but not limited to, achieving administrative convenience or fiscal savings or reducing the burden of reporting requirements, so long as reporting forms are sent to all licensed physicians in the state at least once every year and the report described in subsection (f) of this Code section is issued at least once every year. (h) The Department of Human Resources shall ensure that the names and identities of the physicians filing reports under this chapter shall remain confidential. The names and identities of such physicians shall not be subject to Article 4 of Chapter 18 of Title 50.
31-9A-7. In any civil proceeding or action relating to this chapter or a breach of duty under this chapter, the court shall rule whether the anonymity of any female upon whom an abortion has been performed shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each such order shall be accompanied by specific written findings explaining why the anonymity of the female should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable less restrictive alternative exists. This Code section may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant.
31-9A-8. If any one or more provisions, Code sections, subsections, sentences, clauses, phrases, or words of this chapter or the application thereof to any person or circumstance is found to be unconstitutional, the same is declared to be severable, and the balance of

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this chapter shall remain effective notwithstanding such unconstitutionality. The General Assembly declares that it would have enacted this chapter and each Code section, subsection, sentence, clause, phrase, or word thereof irrespective of the fact that any one or more provisions, Code sections, subsections, sentences, clauses, phrases, or words would be declared unconstitutional."
SECTION 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:
Representative Chambers of the 81st et al. move to amend the Committee substitute to HB 197 by striking line 22 of page 6 and inserting in its place:
"facilities licensed as an abortion facility by the Department of Human Resources at least once every year and the report described in".
By striking line 23 of page 12 and inserting in its place:
"reporting forms are sent to all facilities licensed as an abortion facility by the Department of Human Resources at least once every year and".
The following amendment was read and withdrawn:
Representative Mills of the 25th moves to amend the Committee substitute to HB 197 by striking lines 1 through 5 on page 8 and inserting in lieu thereof the following:
"(A) The name of the physician who will perform the abortion; (B) The particular medical risks to the individual patient associated with the particular abortion procedure to be employed, when medically accurate; (C) The probable gestational age of the unborn child at the time the abortion would be performed; and (D) The medical risks associated with carrying the unborn child to term."
The following amendment was read:
Representative Oliver of the 83rd et al. move to amend the Committee on substitute to HB 197 by striking line 30 of page 7 and inserting in lieu thereof the following:

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"of law to the contrary, except in the case of rape, incest, or a medical emergency, consent to an abortion".

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

Y Abdul-Salaam Y Amerson Y Anderson Y Ashe N Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders N Bridges Y Brooks N Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G N Burkhalter N Burmeister N Burns N Butler N Byrd N Carter N Casas Y Chambers Y Channell Y Cheokas N Coan N Cole N Coleman, B Y Coleman, T N Cooper N Cox

N Crawford Y Cummings N Davis N Day Y Dean Y Dickson E Dodson N Dollar Y Drenner Y Dukes N Ehrhart N England Y Epps N Fleming Y Floyd, H N Floyd, J Y Fludd N Forster N Franklin N Freeman Y Gardner N Geisinger N Golick N Graves, D N Graves, T E Greene Y Hanner N Harbin N Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree Y Henson N Hill, C N Hill, C.A

Y Holmes N Holt N Horne N Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson N Jenkins E Jennings Y Johnson N Jones, J Y Jones, S Y Jordan N Keen N Keown E Kidd N Knight N Knox N Lakly N Lane, B N Lane, R N Lewis Y Lindsey Y Lord N Loudermilk Y Lucas N Lunsford N Maddox N Mangham Y Manning Y Marin N Martin

N Maxwell N May N McCall Y McClinton N Meadows Y Millar Y Miller N Mills Y Mitchell Y Morgan N Morris Y Mosby N Mosley N Mumford N Murphy, J Y Murphy, Q N Neal Y Oliver N O'Neal Y Orrock E Parham Y Parrish N Parsons Y Porter
Powell N Ralston Y Randall Y Ray Y Reece, B N Reece, S N Reese N Rice N Roberts N Rogers N Royal N Rynders

Y Sailor N Scheid N Scott, A N Scott, M N Setzler Y Shaw N Sheldon
Sims, C Y Sims, F Y Sinkfield N Smith, B N Smith, L Y Smith, P N Smith, R N Smith, T N Smith, V Y Smyre Y Stanley-Turner N Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin N Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Richardson, Speaker

On the adoption of the amendment, the ayes were 81, nays 90.

The amendment was lost.

The following amendment was read and adopted:

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Representative Buckner of the 130th et al. move to amend the Committee substitute to HB 197 by adding on line 20 of page 7, before the word "licensed", the following:
"patient educator,".

The following amendment was read:

Representative Stephenson of the 92nd et al. move to amend the Committee substitute to HB 197 by inserting between lines 11 and 12 on page 2 the following:

"(1.1) 'Person standing in loco parentis' means a grandparent, an aunt, or an adult sibling."

By striking the stricken words "person standing in loco parentis," on line 20 of page 2 and inserting in lieu thereof the plain words "person standing in loco parentis,".

By striking lines 28 through 32 on page 2 and inserting in lieu thereof the following:

"by a parent, guardian, or person standing in loco parentis and such minor, stating who shall show proper identification and state that such the parent, guardian, or person standing in loco parentis is the lawful parent or guardian of such the minor, or is the person standing in loco parentis of such the minor, and that such the parent, guardian, or person standing in loco parentis has been notified that an abortion is to be".

By striking lines 35 and 36 on page 2 and inserting in lieu thereof the following:

"notice, in person or by telephone, to a parent, guardian, or person standing in loco parentis of the minor, of the pending abortion and the name and address of the place".

By striking lines 10 and 11 on page 3 and inserting in lieu thereof the following:

"addressed to a parent, guardian, or person standing in loco parentis of the minor at the usual place of abode of the parent, guardian, or person standing in loco parentis.".

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

Y Abdul-Salaam N Amerson Y Anderson Y Ashe N Barnard Y Barnes N Bearden Y Beasley-Teague Y Benfield

N Crawford N Cummings N Davis N Day Y Dean N Dickson E Dodson N Dollar Y Drenner

Y Holmes N Holt N Horne N Houston Y Howard Y Hudson Y Hugley Y Jackson N Jacobs

N Maxwell N May N McCall Y McClinton N Meadows N Millar N Miller N Mills Y Mitchell

Y Sailor N Scheid N Scott, A N Scott, M N Setzler Y Shaw N Sheldon N Sims, C Y Sims, F

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Y Benton N Black Y Bordeaux Y Borders N Bridges Y Brooks N Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G N Burkhalter N Burmeister N Burns N Butler N Byrd N Carter N Casas Y Chambers N Channell N Cheokas N Coan N Cole N Coleman, B N Coleman, T N Cooper N Cox

Y Dukes N Ehrhart N England Y Epps N Fleming N Floyd, H N Floyd, J Y Fludd N Forster N Franklin N Freeman Y Gardner N Geisinger N Golick N Graves, D N Graves, T E Greene N Hanner N Harbin N Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree Y Henson N Hill, C N Hill, C.A

Y James N Jamieson N Jenkins E Jennings N Johnson N Jones, J Y Jones, S Y Jordan N Keen N Keown E Kidd N Knight N Knox N Lakly N Lane, B N Lane, R N Lewis N Lindsey Y Lord N Loudermilk Y Lucas N Lunsford N Maddox
Mangham N Manning N Marin N Martin

Y Morgan N Morris Y Mosby N Mosley N Mumford N Murphy, J Y Murphy, Q N Neal Y Oliver N O'Neal Y Orrock E Parham N Parrish N Parsons Y Porter N Powell N Ralston Y Randall N Ray N Reece, B N Reece, S N Reese N Rice N Roberts N Rogers N Royal N Rynders

Y Sinkfield N Smith, B N Smith, L N Smith, P N Smith, R N Smith, T N Smith, V Y Smyre Y Stanley-Turner N Stephens Y Stephenson N Talton N Teilhet Y Thomas, A.M Y Thomas, B N Tumlin N Walker Y Warren Y Watson N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R N Wix N Yates
Richardson, Speaker

On the adoption of the amendment, the ayes were 56, nays 117.

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 Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard Y Barnes Y Bearden N Beasley-Teague N Benfield Y Benton Y Black

Y Crawford Y Cummings Y Davis Y Day N Dean Y Dickson E Dodson Y Dollar N Drenner Y Dukes Y Ehrhart

N Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson N Hugley N Jackson N Jacobs Y James Y Jamieson

Y Maxwell Y May Y McCall N McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell N Morgan Y Morris

N Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F N Sinkfield Y Smith, B

WEDNESDAY, FEBRUARY 23, 2005

931

N Bordeaux Y Borders Y Bridges N Brooks Y Brown N Bruce N Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A

Y Jenkins E Jennings Y Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown E Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

N Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal N Oliver Y O'Neal N Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston N Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre Y Stanley-Turner Y Stephens N Stephenson Y Talton Y Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 139, nays 35.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

SB 34.

By Senators Moody of the 56th, Weber of the 40th, Johnson of the 1st, Williams of the 19th, Thomas of the 54th and others:

A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the O.C.G.A., the "Quality Basic Education Act," so as to provide for legislative findings; to provide for the establishment of the "Georgia Master Teacher Program"; to provide for the establishment of criteria for Master Teacher Certification; to provide for the establishment of rules and regulations by the Professional Standards Commission; to provide for the establishment of the "Academic Coach Program"; to provide for the establishment of rules and regulations by the State Board of Education; to provide for the employment of an academic coach by a public school in accordance with a school improvement plan; to provide for monetary and other incentives for academic coaches; 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 Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to provide for legislative findings; to provide for the establishment of the "Georgia Master Teacher Program"; to provide for the establishment of criteria for Master Teacher Certification; to provide for the establishment of rules and regulations by the Professional Standards Commission; to revise certain provisions relating to salary increases for persons receiving certification from the National Board for Professional Teaching Standards; to provide for the establishment of the "Academic Coach Program"; to provide for the establishment of rules and regulations by the State Board of Education; to provide for the employment of an academic coach by a public school in accordance with a school improvement plan; to provide for monetary and other incentives for academic coaches; to provide for the establishment of a Master Teacher and Academic Coach Implementation Committee; to provide for the composition, duties, and duration of the committee; to provide for automatic repeal; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," is amended by inserting a new Code section after Code Section 202-204 to be designated Code Section 20-2-205 to read as follows:
"20-2-205. (a) The General Assembly finds that excellent public school teachers deserve recognition for the extraordinary learning opportunity they provide to Georgia students. (b) The Professional Standards Commission is authorized and directed to establish the 'Georgia Master Teacher Program' to provide recognition to certificated public school teachers who exhibit excellence in the classroom. (c) The Professional Standards Commission shall establish criteria for a Master Teacher Certification. Such criteria shall include, at a minimum, evidence of student achievement, which must include student progress. A public school teacher with three or more years of teaching experience in Georgia may submit an application to the Professional Standards Commission for a Master Teacher Certification. The Professional Standards Commission shall review each application and determine whether a teacher meets the criteria for a Master Teacher Certification. If the Professional Standards Commission finds that a teachers application meets the criteria, the teacher will be given a Master Teacher Certification, and that teacher will be known as and may be called a Master Teacher for a term to be determined pursuant to rules and regulations of the Professional Standards Commission, but in no event longer than seven years. The Professional Standards Commission is authorized to develop rules and regulations governing the Master Teacher Certification.

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(d) This Code section shall be repealed on June 30, 2009."
SECTION 1A. Said article is further amended by striking Code Section 20-2-212.2, relating to salary increase for persons receiving certification from National Board for Professional Teaching Standards, and inserting in its place the following:
"20-2-212.2. (a) As used in this Code section, the term:
(1) 'High-needs school' means a Georgia public school that has received an unacceptable rating for a period of two or more consecutive years; and (2) 'national National certification' means certification obtained from the National Board for Professional Teaching Standards. (b) For initial national certification prior to July 1, 2006, and subsequent renewals anytime thereafter, (1) Any person who:
(1)(A) Is currently teaching full time in a Georgia public school and holds a valid Georgia teaching certificate; and (2)(B) Has successfully completed the prerequisite portfolio of student work and examination and has received national certification shall receive not less than a 10 percent rate increase in state salary for each year he or she holds national certification. Such increase shall be awarded beginning on the date such certification is received. The 10 percent increase shall be computed based on the state salary for such individual when national certification is received and recomputed each subsequent year based on the individuals state salary for that school year. In the case of a person who has received such national certification prior to July 1, 2000, and is receiving or is eligible to receive a 5 percent rate increase, the 5 percent rate increase shall be changed to a 10 percent rate increase effective with the commencement of the 2000-2001 school year. The increase in state salary provided by this Code section shall be in addition to any other increase for which the person is eligible. (c)(2) A teacher shall be granted two days of approved paid leave to prepare the portfolio of student work required for national certification. (d)(3) A portion of the national certification program participation fee may be paid by the state prior to certification for any person who: (1)(A) Is currently teaching in a Georgia public school and holds a valid Georgia teaching certificate; (2)(B) Has submitted an application and the initial qualifying payment to the National Board for Professional Teaching Standards; and (3)(C) Has successfully completed a screening process developed by the Professional Standards Commission. (e)(4) A teacher for whom the State of Georgia pays a portion of the national certification participation fee and who does not teach in a Georgia public school for at least one year after receiving certification shall repay the states portion of the participation fee to the state. Repayment is not required if the teacher is unable to

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complete the additional year of teaching due to the death or disability of the teacher, and repayment is not required if the teacher fails to receive national board certification. (f)(5) The portion of the national certification program participation fee paid by the participant shall be reimbursed by the state upon certification for any teacher who is eligible for an increase pursuant to subsection (b) of this Code section. (g)(6) A teacher for whom the State of Georgia reimburses the cost of the participation fee and who does not teach in a Georgia public school for at least one year after receiving certification shall repay the reimbursement payment to the state. Repayment is not required if the teacher is unable to complete the additional year of teaching due to the death or disability of the teacher. (b.1) Any person who has enrolled in the process, as determined by the Professional Standards Commission, of attaining national certification on or before December 31, 2004, and who obtains initial certification and subsequent renewals after July 1, 2006, shall be eligible for salary increases pursuant to subsection (b) of this Code section if such person otherwise meets the requirements of subsection (b). (c) Except as provided for in subsection (b.1) of this Code section, for initial national certification on and after July 1, 2006, and subsequent renewals anytime thereafter, (1) Any person who:
(A) Is currently teaching full time in a high-needs school and holds a valid Georgia teaching certificate as defined by the Professional Standards Commission; and (B) Has successfully completed the prerequisite portfolio of student work and examination and has received national certification shall receive not less than a 10 percent rate increase in state salary for each year he or she holds national certification. Such increase shall be awarded beginning on the date such certification is received. The 10 percent increase shall be computed based on the state salary for such individual when national certification is received. A teacher who transfers to a high-needs school after such individual receives national certification shall receive such increase beginning on the effective date of transfer if the teacher meets the requirements of this subsection, and such increase shall be computed based on the state salary for such individual on the effective date of the transfer. Provided such individual remains employed in a high-needs school or in a school that was designated as a high-needs school at the time the individual received national certification or transferred to such school and otherwise continues to meet the requirements of this subsection, the 10 percent increase shall be recomputed each subsequent year based on such individuals state salary for that school year. (2) A teacher shall be granted two days of approved paid leave to prepare the portfolio of student work required for national certification. (3) The Professional Standards Commission shall provide annually to the Department of Education a roster of teachers who have attained and retained national certification and are eligible for the annual increase. (4) The Professional Standards Commission shall be authorized to accept, receive, distribute, and administer funds to be used for national certification program

WEDNESDAY, FEBRUARY 23, 2005

935

participation fees."
SECTION 2. Said article is further amended by inserting new Code sections after Code Section 20-2212.4 to be designated Code Sections 20-2-212.5 and 20-2-212.6 to read as follows:
"20-2-212.5. (a) The General Assembly finds that many teachers wish to spend their entire career teaching in a classroom setting. However, the current salary structure offers few financial incentives for public school teachers to continue in the classroom throughout their careers. The General Assembly finds that new opportunities for career advancement must be developed to encourage excellent public school teachers to continue teaching students and to contribute to the development of other teachers. (b) The State Board of Education is authorized and directed to establish the 'Academic Coach Program' to provide certificated public school teachers who exhibit excellence in the classroom with salary supplements or bonuses in exchange for mentoring other public school teachers. The state board is authorized to develop rules and regulations for such program, including requiring reports, data, or other measures of accountability. (c) A local school system desiring the expertise and competency of an academic coach in one or more of its schools shall develop a school improvement plan for each such school which identifies the academic strengths and the areas which need improvement in each such school and which identifies areas where the expertise and competency of an academic coach could lead to improved academic performance of its students. A local school system desiring an academic coach in one or more of its schools shall submit such plan or plans on behalf of the school or schools in its district to the Department of Education which will certify that the plan or plans includes identified deficiencies in school performance that an academic coach can address. Once such certification is obtained, the school system may employ an academic coach or coaches according to the terms of the school improvement plan to be a classroom teacher for one or more segments per day or to perform other duties commensurate with the school improvement plan. (d) Prior to working as an academic coach in a school, an academic coach must receive a Master Teacher Certification from the Professional Standards Commission, as provided for in Code Section 20-2-205. The academic coach shall participate in professional learning relative to performing duties as an academic coach and to the teaching and learning needs identified in the school improvement plan as described in subsection (c) of this Code section. (e) As part of its review of a school improvement plan, the school council at each school is authorized to request and receive data from the school relative to the schools utilization of an academic coach and whether such use of an academic coach has led to increased academic performance. (f) The state board is authorized, subject to appropriations by the General Assembly, to:

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(1) Provide funds to local school systems that release academic coaches from the regular classroom for one or more segments per day; (2) Compensate academic coaches with salary supplements if they serve schools that have received an unacceptable rating for a period of two or more consecutive years; and (3) Compensate academic coaches and other teachers or personnel participating or involved in the program with bonuses based on demonstrated school-wide gains in student achievement. Nothing shall prohibit local boards of education from providing additional salary supplements and bonuses to any teacher serving as an academic coach. (g) This Code section shall be repealed on June 30, 2009.
20-2-212.6. The Governor shall appoint a Master Teacher and Academic Coach Implementation Committee to advise the Professional Standards Commission and the State Board of Education on the development of such rules governing the Georgia Master Teacher Program, in accordance with Code Section 20-2-205, and the Academic Coach Program, in accordance with this Code section. Such committee shall include at a minimum, two Department of Education staff members, two State Board of Education members, two Professional Standards Commission staff members, two Professional Standards Commission members, four teachers, one local school superintendent, one principal, one local school board member, two parents of public school students, the director of the Office of Student Achievement or his or her designee, one staff member from Georgias Leadership Institute for School Improvement, the chair of the Senate Education Committee or his or her designee, the chair of the House Committee on Education or his or her designee, and the director of the Office of Planning and Budget. The implementation committee shall hold public hearings across the state for the purpose of receiving input from parents, teachers, and other educators. In addition to developing recommendations for rules governing the designation of Master Teachers, the implementation committee shall develop recommendations for guidelines designed to provide information to principals on hiring and utilizing the services of an academic coach. The Master Teacher and Academic Coach Implementation Committee shall make its recommendations to the Professional Standards Commission and the State Board of Education no later than December 31, 2005. The implementation committee shall be disbanded on December 31, 2005. This Code section shall be repealed on December 31, 2005."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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937

The following amendment, offered by the Committee on Rules, was read:
The Committee on Rules moves to amend the Committee substitute to SB 34 by inserting after "repeal;" on line 13 of page 1 the following:
"to enact a new Part 6A of Article 17, relating to teachers and other school personnel, so as to provide an additional benefit and support for teachers and other school personnel by providing professional liability insurance coverage for teachers, principals, other certificated personnel, and student teachers by the state;".
By inserting between lines 24 and 25 of page 6 the following:
"SECTION 3.
Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, is amended by adding after Part 6 a new part to read as follows:
'Part 6A
20-2-930. (a) For purposes of this Code section, the term:
(1) 'Certificated personnel' means all teachers, principals, and other education personnel certificated by the Professional Standards Commission. (2) 'Student teacher' means a college or university student in an education degree program in a unit of the University System of Georgia or in a private postsecondary institution who, as part of the degree program, is in a local school system in a classroom setting providing instruction to students and being mentored by a teacher. (b) The Department of Administrative Services shall be authorized to purchase or provide a policy or policies of professional liability insurance, subject to appropriations by the General Assembly, insuring certificated personnel who are employed by a local school system and student teachers. Such policy or policies shall protect against damages arising out of the performance of their duties or in any way connected therewith. The amount of such insurance and the appropriate coverages shall be in the discretion of the Department of Administrative Services, subject to specific appropriations by the General Assembly. (c) Insurance coverage provided pursuant to this Code section shall automatically cover all certificated personnel who are employed by a local school system and student teachers and shall be at no cost to such certificated personnel or student teachers. (d) The program of insurance under this part shall be administered by the Department of Administrative Services and such department shall be authorized to promulgate any necessary rules and regulations to implement such program.

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(e) The program of insurance shall be effective for insurance coverage of certificated personnel and student teachers no later than July 1, 2005.'"

By redesignating Sections 3 and 4 as Sections 4 and 5, respectively.

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

N Abdul-Salaam Y Amerson
Anderson N Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague N Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges N Brooks Y Brown N Bruce N Bryant N Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T Y Cooper Y Cox

Y Crawford N Cummings Y Davis Y Day N Dean Y Dickson E Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England
Epps Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster E Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A

N Holmes Y Holt Y Horne Y Houston N Howard N Hudson N Hugley N Jackson N Jacobs N James N Jamieson Y Jenkins E Jennings N Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown E Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey N Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin Y Martin

Y Maxwell Y May Y McCall N McClinton Y Meadows Y Millar Y Miller Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock E Parham Y Parrish Y Parsons N Porter Y Powell Y Ralston N Randall Y Ray N Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

N Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker N Warren N Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R Y Wix
Yates Richardson, Speaker

On the adoption of the amendment, the ayes were 110, nays 59.

The amendment was adopted.

The following amendments were read and adopted:

WEDNESDAY, FEBRUARY 23, 2005

939

Representative Casas of the 103rd et al. move to amend the Committee substitute to SB 34 by striking "December 31, 2004" on line 31 of page 3 and inserting in its place "March 1, 2005".

Representative Jordan of the 77th et al. move to amend the Committee substitute to SB 34 by striking "four" on line 10 of page 6 and inserting in its place "six".

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 Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England
Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster E Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown E Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix
Yates Richardson, Speaker

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On the passage of the Bill, by substitute, as amended, the ayes were 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Representative Harbin of the 118th assumed the chair.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 218. By Representatives Barnard of the 166th, Cox of the 102nd, Cole of the 125th, Stephens of the 164th, Lane of the 158th and others:
A RESOLUTION commending Director Bill Hitchens of the Georgia Office of Homeland Security, recipient of the Peace Officer Association of Georgia's 2004 Arthur Hutchins Meritorious Service Award and inviting him to appear before the House of Representatives; and for other purposes.
HR 219. By Representatives Barnard of the 166th, Cole of the 125th, Stephens of the 164th, Lane of the 158th, Crawford of the 127th and others:
A RESOLUTION recognizing District Attorney Investigator Jimmy Jones, Peace Officer of the Year for Valor, commending his outstanding performance, and inviting him to appear before the House of Representatives; and for other purposes.
HR 220. By Representatives Barnard of the 166th, Cole of the 125th, Cox of the 102nd, Stephens of the 164th, Lane of the 158th and others:
A RESOLUTION recognizing Trooper First Class David Q. Holland III, Peace Officer of the Year for Valor, commending his outstanding performance, and inviting him to appear before the House of Representatives; and for other purposes.
The following Resolution of the House was read and adopted:
HR 335. By Representatives Porter of the 143rd, Powell of the 29th, Smyre of the 132nd, Hugley of the 133rd, Randall of the 138th and others:
A RESOLUTION honoring and remembering the life of Samuel Ernest Vandiver, former Governor of Georgia; and for other purposes.

WEDNESDAY, FEBRUARY 23, 2005

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The following Resolutions of the House were read and referred to the Committee on Rules:
HR 336. By Representatives Lane of the 158th, Burns of the 157th, Coleman of the 97th, Carter of the 159th and Barnard of the 166th:
A RESOLUTION commending Chase Puckett, 2005 Georgia Teacher of the Year, and inviting him to appear before the House of Representatives; and for other purposes.
HR 337. By Representatives Smith of the 113th, May of the 111th, O`Neal of the 146th, Hill of the 21st, Burns of the 157th and others:
A RESOLUTION commending Rotary International and inviting certain district governors thereof to appear before the House of Representatives; and for other purposes.
Representative Keen of the 179th moved that the House do now adjourn until 9:00 o'clock, tomorrow morning, and the motion prevailed.
Representative Harbin of the 118th announced the House adjourned until 9:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Thursday, February 24, 2005

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:

Abdul-Salaam Amerson E Ashe Barnard Bearden Benton Black Borders Bridges Brooks Brown Bryant E Buckner, D Buckner, G Burns Byrd Carter Casas Cheokas Cole Coleman, B Crawford Cummings Davis

Dickson E Dodson
Dollar Drenner Dukes England Fleming Floyd, H Forster Franklin Freeman Graves, T Greene Hatfield E Heard, J E Henson Hill, C Holmes Holt Horne Houston Howard Hudson E Hugley

Jacobs Jenkins E Jennings Johnson Jones, S Keen Keown E Kidd Knox Lakly Lane, B Lane, R Lewis Lord Loudermilk Lunsford Maddox Manning Maxwell May Meadows Millar Mills

Mitchell Morgan Morris Mosby Mosley Mumford Murphy, J Murphy, Q Neal O'Neal E Parham Parrish Parsons E Porter Powell Ralston Ray Reece, S Reese Rice Roberts Rogers Royal

Rynders Scheid E Scott, A Scott, M Setzler Shaw Sheldon Sims, F Smith, B Smith, L Smith, P Smith, R Smith, T Smith, V Stanley-Turner Stephens Talton Thomas, A.M Thomas, B Tumlin E Warren Williams, E Williams, R

The following members were off the floor of the House when the roll was called:

Representatives Anderson of the 123rd, Barnes of the 78th, Beasley-Teague of the 65th, Bordeaux of the 162nd, Bruce of the 64th, Burkhalter of the 50th, Burmeister of the 119th, Butler of the 18th, Chambers of the 81st, Channell of the 116th, Coleman of the 144th, Cox of the 102nd, Day of the 163rd, Dean of the 59th, Ehrhart of the 36th, Epps of the 128th, Floyd of the 147th, Fludd of the 66th, Gardner of the 57th, Golick of the 34th, Graves of the 137th, Hanner of the 148th, Harbin of the 118th, Heckstall of the 62nd, Hembree of the 67th, Hill of the 180th, Jackson of the 161st, James of the 135th, Jamieson of the 28th, Jones of the 46th, Jordan of the 77th, Knight of the 126th, Lindsey of the 54th, Lucas of the 139th, Mangham of the 94th, Marin of the 96th, Martin of the 47th, McCall of the 30th, McClinton of the 84th, Miller of the 106th, Oliver of the 83rd, Orrock of the 58th, Reece of the 11th, Sims of the 169th, Sinkfield of the 60th, Stephenson of the 92nd, Teilhet of the 40th, Walker of the 107th, Watson of the 91st,

THURSDAY, FEBRUARY 24, 2005

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Wilkinson of the 52nd, Willard of the 49th, Williams of the 165th, Wix of the 33rd, and Yates of the 73rd.
They wish to be recorded as present.
Prayer was offered by the Reverend August T. Curry, Wolf Creek County Line Baptist Church, Locust Grove, Georgia.
The members pledged allegiance to the flag.
Representative Franklin of the 43rd, Vice-Chairman of the Committee on Information and Audits, 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 of the House were introduced, read the first time and referred to the Committees:
HB 616. By Representative Black of the 174th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Echols County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on State Planning & Community Affairs - Local.
HB 617. By Representative Amerson of the 9th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Dahlonega, approved April 12, 1982 (Ga. L. 1982, p. 4354), as amended, so as to provide for election and terms of office of subsequent mayors and councilmembers; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 618. By Representative Fleming of the 117th:
A BILL to be entitled an Act to amend an Act to create a board of elections and registration for Lincoln County, approved April 4, 1996 (Ga. L. 1996, p. 4210), as amended, so as to provide for the appointment of the members of such board; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 619. By Representative Fleming of the 117th:
A BILL to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Lincoln, approved February 25, 1949 (Ga. L. 1949, p. 1228), so as to provide for the determination of a fiscal year by the board of commissioners; to provide for an audit in accordance with law; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 620. By Representatives Hill of the 180th, Burmeister of the 119th, Stephenson of the 92nd, Benfield of the 85th, Henson of the 87th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 6 of Title 10 of the O.C.G.A., relating to rights and liabilities of principals to third persons, so as to provide for criminal record background checks for employees, agents, subcontractors, and independent subcontractors of in-home service companies and residential delivery companies whose job duties require or will require entry into another persons residential dwelling; to provide for civil immunity for employers which perform such criminal record

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background checks under certain circumstances; to amend Code Section 353-34.1 of the O.C.G.A., relating to circumstances when an exonerated first offenders criminal record may be disclosed, so as to provide for such disclosures relative to employees, agents, subcontractors, and independent contractors of in-home service companies and residential delivery companies; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 621. By Representatives Hill of the 180th, Stephens of the 164th, Keen of the 179th, Lane of the 167th and Day of the 163rd:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special license plates for certain persons and vehicles, so as to provide for the issuance of special historic preservation license plates to promote and financially provide for historic preservation efforts in Georgia; to provide for the design of such plates; to provide for the issuance and revalidation of such plates upon application and the payment of certain fees; to provide for the disposition of such fees and the intent of the General Assembly with respect to appropriations; to provide for the use of appropriated funds and reports with respect to such use; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 622. By Representative Burkhalter of the 50th:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telegraph service, so as to repeal provisions relating to the duty of telegraph companies to deliver dispatches or messages to persons residing within a certain proximity; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Utilities & Telecommunications.
HB 623. By Representative Cheokas of the 134th:
A BILL to be entitled an Act to amend an Act creating the Marion County Board of Elections and Registration, approved June 3, 2003 (Ga. L. 2003, p. 4474), so as to change the provisions relating to meetings of the board; to change the provisions relating to compensation of the members of the board; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on State Planning & Community Affairs - Local.
HB 624. By Representative Cheokas of the 134th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Marion County, approved February 21, 1951 (Ga. L. 1951, p. 2880), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4117), so as to correct the date for the election of one member of the board; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 625. By Representatives Jamieson of the 28th and Oliver of the 83rd:
A BILL to be entitled an Act to provide findings of the General Assembly; to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment of certificated personnel, so as to provide for a 10 percent increase in state salary for certain nationally certified school psychologists, school social workers, and school counselors; to provide for additional qualifications; to provide for terms and conditions; to provide different terms and conditions for such school psychologists, school social workers, and school counselors who become nationally certified on and after a specified date; to provide for an annual roster of persons eligible for the salary increase; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 626. By Representatives Jamieson of the 28th, Coleman of the 97th and Oliver of the 83rd:
A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 47 of the O.C.G.A., relating to retirement allowances, disability benefits, and spouses benefits under the Teachers Retirement System of Georgia, so as to provide that a local school system may employ a person who was retired under the Teachers Retirement System of Georgia on December 31, 2005, in a full-time capacity in any position and such persons retirement benefit shall not be affected; to provide that such persons salary shall be commensurate with his or her position and qualifications; to provide that any such person so employed shall continue to be a retired member of such retirement system and shall obtain no further credit toward retirement; to provide that the

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employing local school system shall pay the normal employers contribution to the retirement system for such employee; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 627. By Representative Hanner of the 148th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new Charter for the City of Preston in the County of Webster," approved May 17, 2004 (Ga. L. 2004, p. 4127), so as to provide for the continuation in office of the mayor and commissioners; to provide for terms and elections; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 628. By Representatives Hanner of the 148th and Rynders of the 152nd:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Lee County, approved August 6, 1921 (Ga. L. 1921, p. 517), as amended, so as to change certain provisions regarding qualifications of members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 629. By Representatives Chambers of the 81st, Thomas of the 55th, Coleman of the 97th, Jacobs of the 80th and Millar of the 79th:
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 revise legislative intent relative to charter schools; to add a definition; to provide for the establishment of virtual charter schools; to repeal Code Section 20-2-2063.1, relating to exemption of charter schools from statutory and regulatory requirements; to provide that a denial by a local board of a charter petition or renewal for a conversion or start-up charter school may be appealed to the State Board of Education; to provide that a charter school shall not be subject to the provisions of Title 20 and other regulations; to change certain provisions relating to operating requirements, control, and management; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Education.
HB 630. By Representatives Borders of the 175th, Stephens of the 164th, Wilkinson of the 52nd, Wix of the 33rd, Black of the 174th and others:
A BILL to be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to mitigate the impact of employers moving job positions out of the state by promoting the creation and retention of jobs in the state through the creation of the Georgia Job Development Authority which would be empowered to recruit, train, and facilitate employment for persons who are unemployed; to provide for findings; to provide for membership on the board of directors of the authority; to provide for the powers and duties of the authority; to provide for the appointment of a director; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Economic Development & Tourism.
HB 631. By Representatives Lane of the 158th, Rogers of the 26th and Burns of the 157th:
A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to real estate transfer tax, so as to provide that the General Assembly may by local Act impose an additional such tax; to provide for a referendum; to provide that such tax shall be paid to the county in which such real estate is located; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 632. By Representative Lane of the 158th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Pembroke, approved March 28, 1985 (Ga. L. 1985, p. 4846), as amended, so as to revise Section 26 of Article III of such Act; to change certain provisions relating to building permits; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 633. By Representatives Lucas of the 139th, Randall of the 138th, Freeman of the 140th, Graves of the 137th and Ray of the 136th:

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A BILL to be entitled an Act to abolish the office of elected county surveyor of Bibb County pursuant to Code Section 36-7-2.1 of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 634. By Representative Lane of the 158th:
A BILL to be entitled an Act to provide a homestead exemption from Bryan County ad valorem taxes for county purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that county who are 65 years of age or over; 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.
HB 635. By Representatives Mumford of the 95th, Mangham of the 94th, Stephenson of the 92nd and Sailor of the 93rd:
A BILL to be entitled an Act to amend an Act relating to the Rockdale Judicial Circuit and the judges thereof, approved March 27,1991 (Ga. L. 1991, p. 276), so as to make certain provisions for the court reporter or court reporters for the judicial circuit; to provide that the court reporter or court reporters for the circuit shall receive a stated salary in lieu of per diem compensation; to provide for conformity with other provisions of law and rules; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 636. By Representatives Mumford of the 95th, Mangham of the 94th, Stephenson of the 92nd and Sailor of the 93rd:
A BILL to be entitled an Act to amend an Act to provide a homestead exemption from City of Conyers ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for each resident of the City of Conyers, which is in lieu of and not in addition to any other homestead exemption applicable to City of Conyers ad valorem taxes for municipal purposes, approved April 19, 2001 (Ga. L. 2001, p. 4394), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5082), so as to increase the homestead exemption to $20,000.00; to provide

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for conditions and procedures relating thereto; to provide for a referendum; to provide for applicability; to provide an effective date and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 637. By Representative Lane of the 158th:
A BILL to be entitled an Act to amend Chapter 71 of Title 36 of the Official Code of Georgia Annotated, the "Georgia Development Impact Fee Act," so as to provide that a capital improvement shall have a useful life of five years or more; to provide that schools shall be classified as public facilities; to provide that development impact fees may be imposed throughout the jurisdiction or within service areas; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 638. By Representatives Buckner of the 76th, Reece of the 11th, Smith of the 168th, Powell of the 29th, Jacobs of the 80th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide definitions; to require investigative consumer reporting agencies to give notice to consumers of certain security breaches; to provide for a standard of care to be exercised by investigative consumer reporting agencies; to provide for rules, regulations, and guidelines; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
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:

HB 648. By Representatives Martin of the 47th, Amerson of the 9th, Burkhalter of the 50th, Royal of the 171st and Floyd of the 147th:
A BILL to be entitled an Act to amend Chapter 11 of Title 10 of the O.C.G.A., relating to business records, so as to require a person or business that conducts business in this state and that owns or licenses computerized

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data that includes personal information to disclose in specified ways any breach of the security of the data to any resident of this state whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person; to permit notification to be delayed if a law enforcement agency determines that it would impede a criminal investigation; to require a person or business that maintains computerized data that includes personal information owned by another to notify the owner or licensee of the information of any breach of the security of the data; to provide for certain civil actions; to define certain terms; to amend Chapter 18 of Title 50 of the O.C.G.A.; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Science and Technology.

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

HB 576 HB 577 HB 578 HB 579 HB 580 HB 581 HB 582 HB 583 HB 584 HB 585 HB 586 HB 587 HB 588 HB 589 HB 590 HB 591 HB 592 HB 593 HB 594 HB 595 HB 596 HB 597 HB 598 HB 599

HB 600 HB 601 HB 602 HB 603 HB 604 HB 605 HB 606 HB 607 HB 608 HB 609 HB 610 HB 611 HB 612 HB 613 HB 614 HB 615 HR 297 HR 300 HR 301 SB 41 SB 100 SB 141 SR 23

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Representative Stephens of the 164th 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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 125 Do Pass, by Substitute
Respectfully submitted, /s/ Stephens of the 164th
Chairman
Representative Knox of the 24th District, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance 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 83 Do Pass HB 291 Do Pass, by Substitute HB 418 Do Pass
Respectfully submitted, /s/ Knox of the 24th
Chairman
Representative Ralston of the 7th District, Chairman of the Committee on Judiciary Non-civil, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary Non-civil 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 254 Do Pass, by Substitute HB 347 Do Pass HB 366 Do Pass, by Substitute

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Respectfully submitted, /s/ Ralston of the 7th
Chairman

Representative Smith of the 70th 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 of the House and has instructed me to report the same back to the House with the following recommendation:

HB 496 Do Pass

Respectfully submitted, /s/ Smith of the 70th
Chairman

Representative Smith of the 168th District, 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 259 HB 380 HB 396 HB 397 HB 454 HB 456 HB 466

Do Pass, as Amended Do Pass Do Pass, by Substitute Do Pass, by Substitute Do Pass Do Pass Do Pass

HB 502 HB 507 HB 511 HB 512 HB 526 HB 532 SB 132

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Smith of the 168th
Chairman

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

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Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 24th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

HB 416

Torts; asbestos or silica claims; definitions and provisions

Modified Structured Rule

HR 48

Martha K. Glaze Regional Youth Detention Center; designate

Structured Rule

HB 281

Georgia Regional Transportation Authority; amend provisions

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

Respectfully submitted, /s/ Ehrhart of the 36th
Chairman

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

HB 396. By Representatives Manning of the 32nd, Setzler of the 35th, Tumlin of the 38th, Cooper of the 41st, Jones of the 44th and others:

A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4749), so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County; to provide for related matters; 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 creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4749), so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4749), is amended by striking paragraph (4) of subsection (b) of Section 17, which reads as follows:
"(4) The salary of the chief deputy clerk shall be $68,785.33 to be paid in equal monthly installments from funds of Cobb County.", and inserting in lieu thereof a new paragraph (4) to read as follows: "(4) The salary of the chief deputy clerk shall be $84,846.09 to be paid in equal monthly installments from funds of Cobb County."
SECTION 2. Said Act is further amended by striking from Section 23 the following:
"The clerk of the State Court of Cobb County shall receive an annual salary of $83,932.90 payable in equal monthly installments from the funds of Cobb County.", and inserting in lieu thereof the following: "The clerk of the State Court of Cobb County shall receive an annual salary of $94,273.44 payable in equal monthly installments from the funds of Cobb County."
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 101, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 454. By Representatives Parsons of the 42nd, Tumlin of the 38th, Dollar of the 45th, Johnson of the 37th, Teilhet of the 40th and others:

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A BILL to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3712), so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
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 101, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 456. By Representatives Ehrhart of the 36th, Teilhet of the 40th, Golick of the 34th, Dollar of the 45th, Jones of the 44th and others:
A BILL to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, 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; 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 101, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 466. By Representative Hanner of the 148th:
A BILL to be entitled an Act to amend an Act abolishing the office of county treasurer of Stewart County, providing for the appointment of depositories for funds, and creating the office of disbursing clerk, approved August 20, 1927 (Ga. L. 1927, p. 666), as amended, so as to change certain provisions relating to appointment and bond of the disbursing clerk; to change certain provisions relating to duties of the disbursing clerk; 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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On the passage of the Bill, the ayes were 101, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 502. By Representative Cheokas of the 134th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Marion County, approved April 8, 2002 (Ga. L. 2002, p. 3794), as amended, so as to change the provisions relating to the compensation of the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 101, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 507. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Atkinson County, approved April 5, 1993 (Ga. L. 1993, p. 4771), as amended, so as to change the compensation of the members of the board of education; 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 101, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 511. By Representative Hanner of the 148th:
A BILL to be entitled an Act to provide a new charter for the City of Bronwood; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, and prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers

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relative to the office of mayor; to provide for administrative responsibilities; to provide for a mayor pro tempore; to provide for departments, boards, commissions, and authorities; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 101, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 512. By Representatives Hanner of the 148th and Rynders of the 152nd:
A BILL to be entitled an Act to amend an Act creating the Lee County Utilities Authority, approved April 17, 1992 (Ga. L. 1992, p. 6419), as amended, so as to change the composition of such authority; 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 101, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 526. By Representatives Bryant of the 160th, Stephens of the 164th, Carter of the 159th, Jackson of the 161st, Day of the 163rd and others:
A BILL to be entitled an Act to amend an Act creating the Georgia International and Maritime Trade Center Authority, approved April 21, 1995 (Ga. L. 1995, p. 4499), as amended by an Act approved April 4, 1997 (Ga. L. 1997, p. 3791), so as to change the provisions relating to the membership of such 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 ayes were 101, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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HB 397. By Representatives Manning of the 32nd, Setzler of the 35th, Tumlin of the 38th, Cooper of the 41st, Jones of the 44th and others:
A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, so as to change the compensation of the judges and associate judges of the state court; 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 an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, so as to change the compensation of the judges of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, is amended by striking from Section 23 of Part 1 the following:
"The salary of the judges of Division 1 of the State Court of Cobb County shall be $134,164.87 per annum.", and inserting in lieu thereof the following: "The salary of the judges of Division 1 of the State Court of Cobb County shall be $139,531.46 per annum."
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 ayes were 104, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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Pursuant to Rule 133, Representative Golick of the 34th was excused from voting on HB 397.
The following Bills of the House, having previously been read, were again taken up for consideration:
HB 259. By Representative Barnard of the 166th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Evans County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend HB 259 by striking lines 9 and 10 of page 1 and inserting in lieu thereof the following:
"O.C.G.A. Such nonpartisan elections shall be held in conjunction with the general primary immediately preceding expiration of the term of office and conducted as provided".
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 102, nays 12.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 380. By Representative Lane of the 167th:
A BILL to be entitled an Act to provide that future elections for the office of chief magistrate of McIntosh County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The 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 102, nays 12.

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The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following Bill of the House was taken up for consideration and read the third time:
HB 532. By Representative Black of the 174th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Brooks County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to 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 102, nays 12.
The Bill, having received the requisite constitutional majority, was passed.
The following Bill of the Senate, having previously been read, was again taken up for consideration:
SB 132. By Senator Williams of the 19th:
A BILL to be entitled an Act to amend an Act providing for the Board of Education of Wayne County, approved January 28, 1994 (Ga. L. 1994, p. 3512), as amended, so as to provide for the nonpartisan election of members of that board; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; 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 82, nays 11.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Representatives Lane of the 167th, Mosley of the 178th, and Smith of the 168th would like to be recorded as voting "aye" on SB 132.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:

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Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 35. By Senators Moody of the 56th, Carter of the 13th, Stephens of the 27th, Starr of the 44th, Hill of the 4th 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 provide for the revision of certain provisions regarding education flexibility; to change certain provisions relating to expenditure controls for the 2005-2006 school year; to change certain provisions regarding program weights; to change certain provisions regarding legislative intent with respect to charter schools; to change certain provisions regarding minimum requirements for charter petitions; to repeal Code Section 20-2-2063.1; to change certain provisions regarding operation, control, and management requirements for charter schools; to amend Code Section 40-5-22; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 46. By Senators Shafer of the 48th, Staton of the 18th, Cagle of the 49th, Heath of the 31st and Chance of the 16th:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service in general, so as to provide that suppliers of wireless telephone service providing directory information shall not include wireless service dialing numbers without the express written consent of a subscriber; to provide for terms and conditions; to provide exceptions and authorize waivers; to provide for civil enforcement and immunity from certain liability; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 80. By Senators Williams of the 19th, Staton of the 18th, Goggans of the 7th, Tolleson of the 20th, Johnson of the 1st and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the nonpartisan election of sheriffs; to provide for the qualifying for such offices; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 90. By Senators Thomas of the 54th, Reed of the 35th, Unterman of the 45th, Schaefer of the 50th, Miles of the 43rd and others:

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A BILL to be entitled an Act to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to enact the "Georgia Smokefree Air Act of 2005"; to prohibit smoking in certain facilities and areas; to state findings; to provide for definitions; to provide for exceptions; to provide for posting of signs; to provide for violations, penalties, and state and local government enforcement and administration; to provide for construction; to provide that this prohibition shall be cumulative to other general or local acts, rules, and regulations; to repeal a former prohibition against smoking in public places; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 129. By Senators Adelman of the 42nd, Weber of the 40th, Moody of the 56th, Miles of the 43rd and Zamarripa of the 36th:
A BILL to be entitled an Act to amend Code Section 16-12-120 of the O.C.G.A., relating to conduct in public transit buses, rapid rail cars, and rapid rail or intermodal bus stations, so as to provide that it shall be unlawful to solicit money or sell goods or services for a fee to the operator or passengers of a public transit bus or rapid rail car within the confines of such vehicle or inside the paid area of a rapid rail or intermodal bus station; to provide that it shall be unlawful to distribute certain materials to the operator or passengers of a public transit bus or rapid rail car within the confines of such vehicle or within the paid area of any rapid rail station or intermodal bus station; to provide for penalties; to provide for related matters; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 295. By Representatives Millar of the 79th, Watson of the 91st, Jacobs of the 80th, Chambers of the 81st, Mitchell of the 88th and others:
A BILL to be entitled an Act to amend an Act entitled the "Unincorporated DeKalb County Community Improvement District Act of 1998," approved April 2, 1998 (Ga. L. 1998, p. 4228), as amended by an Act approved January 7, 1999 (Ga. L. 1999, p. 4805), so as to increase the number of board members on the governing body of the community improvement district authorized by such Act; to change the provisions relating to filling vacancies on the governing body of the community improvement district; to provide for appointment of an elector to fill a vacancy in certain circumstances; to provide for the term of service of such appointed members; to limit the number of appointed members serving simultaneously; to provide for a special election to fill a vacancy in certain circumstances; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

SB 35.

By Senators Moody of the 56th, Carter of the 13th, Stephens of the 27th, Starr of the 44th, Hill of the 4th 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 provide for the revision of certain provisions regarding education flexibility; to change certain provisions relating to expenditure controls for the 2005-2006 school year; to change certain provisions regarding program weights; to change certain provisions regarding legislative intent with respect to charter schools; to change certain provisions regarding minimum requirements for charter petitions; to repeal Code Section 20-2-2063.1; to change certain provisions regarding operation, control, and management requirements for charter schools; to amend Code Section 40-5-22; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

SB 46.

By Senators Shafer of the 48th, Staton of the 18th, Cagle of the 49th, Heath of the 31st and Chance of the 16th:

A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service in general, so as to provide that suppliers of wireless telephone service providing directory information shall not include wireless service dialing numbers without the express written consent of a subscriber; to provide for terms and conditions; to provide exceptions and authorize waivers; to provide for civil enforcement and immunity from certain liability; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Utilities & Telecommunications.

SB 80.

By Senators Williams of the 19th, Staton of the 18th, Goggans of the 7th, Tolleson of the 20th, Johnson of the 1st and others:

A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the nonpartisan election of sheriffs; to provide for the qualifying for such offices; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Governmental Affairs.

SB 90.

By Senators Thomas of the 54th, Reed of the 35th, Unterman of the 45th, Schaefer of the 50th, Miles of the 43rd and others:

A BILL to be entitled an Act to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to enact the "Georgia Smokefree Air Act of 2005"; to prohibit smoking in certain facilities and areas; to state findings; to provide for definitions; to provide for exceptions; to provide for posting of signs; to provide for violations, penalties, and state and local government enforcement and administration; to provide for construction; to provide that this prohibition shall be cumulative to other general or local acts, rules, and regulations; to repeal a former prohibition against smoking in public places; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health & Human Services.

SB 129. By Senators Adelman of the 42nd, Weber of the 40th, Moody of the 56th, Miles of the 43rd and Zamarripa of the 36th:

A BILL to be entitled an Act to amend Code Section 16-12-120 of the O.C.G.A., relating to conduct in public transit buses, rapid rail cars, and rapid rail or intermodal bus stations, so as to provide that it shall be unlawful to solicit money or sell goods or services for a fee to the operator or passengers of a public transit bus or rapid rail car within the confines of such vehicle or inside the paid area of a rapid rail or intermodal bus station; to provide that it shall be unlawful to distribute certain materials to the operator or passengers of a public transit bus or rapid rail car within the confines of such vehicle or within the paid area of any rapid rail station or intermodal bus station; to provide for penalties; to provide for related matters; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Transportation.

The following members were recognized during the period of Morning Orders and addressed the House:

Morgan of the 39th and Jacobs of the 80th.

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The following Resolutions of the House were read and referred to the Committee on Rules:
HR 338. By Representatives Hembree of the 67th, Smith of the 113th, Roberts of the 154th, Royal of the 171st, Miller of the 106th and others:
A RESOLUTION commending Candice Walker, winner of the 2004 Georgia Occupational Award of Leadership, and inviting her to appear before the House of Representatives; and for other purposes.
HR 339. By Representatives Hembree of the 67th, Smith of the 113th, Roberts of the 154th, Royal of the 171st, Miller of the 106th and others:
A RESOLUTION recognizing and commending Beverly Padgett, winner of the 2004 Rick Perkins Award for Excellence in Technical Instruction, and inviting her 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 416. By Representatives Ralston of the 7th, Ehrhart of the 36th, Coleman of the 144th and Parrish of the 156th:
A BILL to be entitled an Act to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to provide for legislative findings and purposes; to provide for applicability; to provide definitions; to provide that physical impairment shall be an essential element of an asbestos claim or a silica claim; to provide for a limitations period for filing a claim; to provide for dismissal of pending claims under certain conditions; to provide for general rules applicable to new filings; to provide for forum non conveniens; to provide for venue; to provide for joinder and consolidation of claims; to provide for other matters relative to the foregoing; to provide for severability; 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 51 of the Official Code of Georgia Annotated, relating to torts, so as to change provisions relating to asbestos claims and silica claims; to provide for applicability; to provide definitions; to provide that physical impairment shall be an

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essential element of an asbestos claim or a silica claim; to provide for a limitations period for filing a claim; to provide for dismissal of pending claims under certain conditions; to provide for general rules applicable to new filings; to provide for forum non conveniens; to provide for venue; to provide for joinder and consolidation of claims; to provide for other matters relative to the foregoing; 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. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by inserting at the end thereof a new Chapter 13 to read as follows:
"CHAPTER 13
51-13-1. This chapter applies to any claim defined in this chapter as an asbestos claim or as a silica claim.
51-13-2. As used in this chapter, the term:
(1) 'Asbestos' means chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, and any of these minerals that have been chemically treated or altered, including but not limited to all minerals defined as asbestos in 29 CFR 1910, as amended from time to time. (2) 'Asbestos claim' means any claim, wherever or whenever made, for damages, losses, indenmification, contribution, loss of consortium, or other relief arising out of, based on, or in any way related to the health effects of exposure to asbestos, including, but not limited to:
(A) Any claim for: (i) Personal injury or death; (ii) Mental or emotional injury; (iii) Risk of disease or other injury; or (iv) The costs of medical monitoring or surveillance, to the extent such claims are recognized under state law; and
(B) Any claim made by or on behalf of an exposed person or based on that exposed persons exposure to asbestos, including a representative, spouse, parent, child, or other relative of the exposed person. For purposes of this chapter, 'asbestos claim' shall not mean a claim brought under a workers compensation law administered by this state to provide benefits, funded by a responsible employer or its insurance carrier, for occupational diseases or injuries or for disability or death caused by occupational diseases or injuries.

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(3) 'Asbestosis' means bilateral diffuse interstitial fibrosis of the lungs caused by inhalation of asbestos. (4) 'Board certified internist' means a qualified physician licensed to practice medicine who has treated or is treating the exposed person or has or had a doctorpatient relationship with the exposed person and who is currently certified by the American Board of Internal Medicine. (5) 'Board certified pathologist' means a qualified physician licensed to practice medicine who holds primary certification in anatomic pathology or combined anatomic or clinical pathology from the American Board of Pathology and whose professional practice is principally in the field of pathology and involves regular evaluation of pathology materials obtained from surgical or post-mortem specimens. (6) 'Board certified pulmonologist' means a qualified physician licensed to practice medicine who has treated or is treating the exposed person or has or had a doctorpatient relationship with the exposed person and who is currently certified by the American Board of Internal Medicine in the subspecialty of pulmonary medicine. (7) 'Certified B-reader' means a qualified physician who has successfully passed the B-reader certification examination for X-ray interpretation sponsored by the National Institute for Occupational Safety and Health and whose certification was current at the time of any readings required by this chapter. (8) 'Chest X-rays' means films taken in two views (PA and Lateral) and graded quality 1 for reading in accordance with the radiological standards established by the International Labor Office, as interpreted by a certified B-reader. (9) 'Claimant' means a party seeking recovery of damages for an asbestos claim or silica claim, including the exposed person, any other plaintiff making a claim as a result of the exposed persons exposure to asbestos or silica, counterclaimant, crossclaimant, or third-party plaintiff. If a claim is brought through or on behalf of an estate, the term includes the claimants decedent; if a claim is brought through or on behalf of a minor or incompetent, the term includes the claimants parent or guardian. (10) 'Exposed person' means any person whose exposure to asbestos or silica is the basis for an asbestos claim or a silica claim. (11) 'FEV-1' means forced expiratory volume in the first second, which is the maximal volume of air expelled in one second during performance of simple spirometric tests. (12) 'FVC' means forced vital capacity, which is the maximal volume of air expired with maximum effort from a position of full inspiration. (13) 'ILO system' means the radiological ratings of the International Labor Office set forth in Guidelines for the Use of ILO International Classification of Radiographs of Pneumoconioses, revised edition, as amended from time to time by the International Labor Office. (14) 'Lower limit of normal' means the fifth percentile of healthy populations based on age, height, and gender, as referenced in the American Medical Associations Guides to the Evaluation of Permanent Impairment, fifth edition, as amended from time to time by the American Medical Association.

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(15) In the context of an asbestos claim, 'prima-facie evidence of physical impairment' means:
(A) That a board certified pathologist has made a diagnosis of pleural or peritoneal mesothelioma, or a diagnosis of cancer demonstrated by a medical report showing the diagnosis as a primary cancer, and has signed a report certifying to a reasonable degree of medical certainty that exposure to asbestos was a substantial contributing factor to diagnosed cancer and that it was not more probably the result of causes other than the asbestos exposure revealed by the exposed persons employment and medical histories; (B) That a board certified internist, pulmonologist, or pathologist has signed a detailed narrative medical report and diagnosis stating that the exposed person suffers from a nonmalignant disease related to asbestos and that:
(i) Verifies that the doctor signing the detailed narrative medical report and diagnosis or a medical professional employed by and under the direct supervision and control of that doctor has taken:
(I) A detailed occupational and exposure history from the exposed person or, if that person is deceased, from the person most knowledgeable about the exposures that form the basis for the action. The history shall include all of the exposed persons principal employments and his or her exposures to airborne contaminants that can cause pulmonary impairment, including, but not limited to, asbestos, silica, and other disease-causing dusts, and the nature, duration, and level of any such exposure; and (II) A detailed medical and smoking history that includes a thorough review of the exposed persons past and present medical problems and their most probable cause; (ii) Sets out the details of the occupational, medical, and smoking histories and verifies that at least 15 years have elapsed between the exposed persons first exposure to asbestos and the time of diagnosis; (iii) Verifies that the exposed person has: (I) An ILO quality 1 chest X-ray taken in accordance with all applicable state and federal regulatory standards, and that the X-ray has been read by a certified B-reader according to the ILO system of classification as showing bilateral small irregular opacities (s, t, or u) graded 1/1 or higher or bilateral diffuse pleural thickening graded b2 or higher including blunting of the costophrenic angle; provided, however, that in a death case where no pathology is available, the necessary radiologic findings may be made with a quality 2 film if a quality 1 film is not available; or (II) Pathological asbestosis graded 1(B) or higher under the criteria published in the Asbestos-Associated Diseases, Special Issue of the Archives of Pathological and Laboratory Medicine, Volume 106, Number 11, Appendix 3; (iv) Verifies that the exposed person has pulmonary impairment related to asbestos as demonstrated by pulmonary function testing, performed using equipment, methods of calibration, and techniques that meet the criteria

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incorporated in the American Medical Associations Guides to the Evaluation of Permanent Impairment, fifth edition, and reported as set forth in 20 CFR 404, Subpt. P. App 1, Part (A) Section 3.00 (E) and (F), and the interpretative standards of the American Thoracic Society, Lung Function Testing: Selection of Reference Values and Interpretive Strategies, 144 Am. Rev. Resp. Dis. 1202-1218 (1991), that shows:
(I) Forced vital capacity below the lower limit of normal and FEV1/FVC ratio, using actual values, at or above the lower limit of normal; or (II) Total lung capacity, by plethysmography or timed gas dilution, below the lower limit of normal; and (v) Verifies that the doctor signing the detailed narrative medical report and diagnosis has concluded that exposure to asbestos was a substantial contributing factor to the exposed persons medical condition and physical impairment and that they were not more probably the result of other causes revealed by the exposed persons employment and medical histories; or (C) Copies of the B-reading, the pulmonary function tests, including printouts of the flow volume loops and all other elements required to demonstrate compliance with the equipment, quality, interpretation, and reporting standards set forth herein, and the diagnosing physicians detailed narrative medical report and diagnosis shall be attached to any complaint alleging nonmalignant disease related to exposure to asbestos. All such reports, as well as all other evidence used to establish prima-facie evidence of physical impairment, must meet objective criteria for generally accepted medical standards related to exposure to asbestos and must not be obtained through testing or examinations that violate any applicable law, regulation, licensing requirement, or medical code of practice. Failure to attach the required reports or demonstration by any party that the reports do not satisfy the standards set forth herein shall result in the dismissal of the action, without prejudice, upon motion of any party. (16) In the context of a silica claim, 'prima-facie evidence of physical impairment' means: (A) A written diagnosis of silica related lung cancer demonstrated by: (i) A medical report showing the diagnosis as a diagnosis of a primary lung cancer; and (ii) A signed report certified by a board certified internist, pulmonologist, or pathologist stating to a reasonable degree of medical probability that exposure to silica was the cause of the diagnosed lung cancer with underlying silicosis demonstrated by bilateral nodular opacities (p, q, or r) occurring primarily in the upper lung fields, graded 1/1 or higher and not more probably the result of causes other than the silica exposure revealed by the exposed persons employment and medical histories; (B) A written diagnosis of silica related progressive massive fibrosis or acute silicoproteinosis; or silicosis complicated by documented tuberculosis, demonstrated

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by a signed report certified by a board certified internist, pulmonologist, or pathologist; (C) That a board certified internist, pulmonologist, or pathologist has signed a detailed narrative medical report and diagnosis stating that the exposed person suffers from other stages of nonmalignant disease related to silicosis other than those set forth in subparagraphs (A) and (B) of this paragraph, and that:
(i) Verifies that the doctor signing the detailed narrative medical report and diagnosis or a medical professional employed by and under the direct supervision and control of that doctor has taken:
(I) A detailed occupational and exposure history from the exposed person or, if that person is deceased, from the person most knowledgeable about the exposures that form the basis for the action. The history shall include all of the exposed persons principal employments and his or her exposures to airborne contaminants that can cause pulmonary impairment, including, but not limited to, asbestos, silica, and other disease-causing dusts, and the nature, duration, and level of any such exposure; and (II) A detailed medical and smoking history that includes a thorough review of the exposed persons past and present medical problems and their most probable cause; (ii) Sets out the details of the occupational, medical, and smoking histories and verifies a sufficient latency period for the applicable stage of silicosis; (iii) Verifies that the exposed person has at least Class 2 or higher impairment due to silicosis, as set forth in the American Medical Associations Guides to the Evaluation of Permanent Impairment, fifth edition, as amended from time to time; and (I) An ILO quality 1 chest X-ray taken in accordance with all applicable state and federal regulatory standards, and that the X-ray has been read by a certified B-reader according to the ILO system of classification as showing bilateral nodular opacities (p, q, or r) occurring primarily in the upper lung fields, graded 1/1 or higher; provided, however, that in a death case where no pathology is available, the necessary radiologic findings may be made with a quality 2 film if a quality 1 film is not available; or (II) Pathological demonstration of classic silicotic nodules exceeding 1 centimeter in diameter as set forth in Archives of Pathological & Laboratory Medicine, July, 1988; and (iv) Verifies that the doctor signing the detailed narrative medical report and diagnosis has concluded that the exposure to silica is a substantial contributing factor to the exposed persons medical condition and physical impairment and that they were not more probably the result of other causes revealed by the exposed persons employment and medical history; or (D) Copies of the B-reading, the pulmonary function tests, including printouts of the flow volume loops and all other elements required to demonstrate compliance with the equipment, quality, interpretation, and reporting standards set forth herein,

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and the diagnosing physicians detailed narrative medical report and diagnosis shall be attached to any complaint alleging nonmalignant disease related to exposure to silicosis. All such reports, as well as all other evidence used to establish prima-facie evidence of physical impairment, must meet objective criteria for generally accepted medical standards related to exposure to silica and must not be obtained through testing or examinations that violate any applicable law, regulation, licensing requirement, or medical code of practice. Failure to attach the required reports or demonstration by any party that the reports do not satisfy the standards set forth herein shall result in the dismissal of the action, without prejudice, upon motion of any party. (17) 'Qualified physician' means a medical doctor, who: (A) Spends no more than 10 percent of his or her professional practice time in providing consulting or expert services in connection with actual or potential civil actions, and whose medical group, professional corporation, clinic, or other affiliated group earns not more than 20 percent of its revenues from providing such services; (B) Receives or received payment for the treatment of the exposed person from that person or from that persons health maintenance organization or other medical provider; and (C) Does not require as a condition of diagnosing, examining, testing, screening, or treating the exposed person that legal services be retained by the exposed person or any other person pursuing an asbestos or silica claim based on the exposed persons exposure to asbestos or silica. (18) 'Silica' means a group of naturally occurring crystalline forms of silicon dioxide, including, but not limited to, quartz and silica sand, whether in the form of respirable free silica or any quartz-containing or crystalline silica-containing dust, in the form of a quartz-containing by-product or crystalline silica-containing by-product, or dust released from individual or commercial use, release, or disturbance of silica sand, silicon dioxide, or crystalline-silica containing media, consumables, or materials. (19) 'Silica claim' means any claim, wherever or whenever made, for damages, losses, indemnification, contribution, loss of consortium, or other relief arising out of, based on, or in any way related to the health effects of exposure to silica, including, but not limited to: (A) Any claim for:
(i) Personal injury or death; (ii) Mental or emotional injury; (iii) Risk of disease or other injury; or (iv) The costs of medical monitoring or surveillance, to the extent such claims are recognized under state law; and (B) Any claim made by or on behalf of any exposed person or based on that exposed persons exposure to silica, including a representative, spouse, parent, child, or other relative of the exposed person.

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For purposes of this chapter, 'silica claim' shall not mean a claim brought under a workers compensation law administered by this state to provide benefits, funded by a responsible employer or its insurance carrier, for occupational diseases or injuries or for disability or death caused by occupational diseases or injuries. (20) 'Silicosis' means nodular interstitial fibrosis of the lung produced by inhalation of silica. (21) 'Total lung capacity' means the volume of gas contained in the lungs at the end of a maximal inspiration.
51-13-3. (a) Prima-facie evidence of physical impairment of the exposed person as defined in paragraph (15) or (16) of Code Section 51-13-2 shall be an essential element of an asbestos claim or silica claim. (b) No person shall bring or maintain a civil action alleging an asbestos claim or silica claim in the absence of prima-facie evidence of physical impairment resulting from a medical condition for which exposure to asbestos or silica was a substantial contributing factor.
51-13-4. Notwithstanding any other provision of law, with respect to any asbestos claim or silica claim not barred as of the effective date of this chapter, the limitations period shall not begin to run until the exposed person or any plaintiff making an asbestos claim or silica claim based on the exposed persons exposure to asbestos or silica discovers, or through the exercise of reasonable diligence should have discovered, that the exposed person is or was physically impaired as defined in paragraph (15) or (16) of Code Section 51-132.
51-13-5. (a) Any asbestos claim or silica claim pending in this state on the effective date of this chapter shall be dismissed within 120 days of the effective date of this chapter without prejudice unless:
(1) All parties stipulate by no less than 60 days prior to the commencement of trial that the plaintiff has established prima-facie evidence of physical impairment with respect to an asbestos claim or silica claim; or (2) The trial court in which the complaint was initially filed issues an order that the plaintiff has established prima-facie evidence of physical impairment with respect to an asbestos claim or silica claim. Such an order shall be issued only if the following conditions and procedures are met:
(A) By no less than 60 days prior to the commencement of trial, the plaintiff files with the trial court and serves on each defendant named in the complaint or on counsel designated by each defendant the medical documentation necessary to establish prima-facie evidence of physical impairment;

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(B) Within 30 days of service of plaintiffs documentation establishing prima-facie evidence of physical impairment, any defendant may file an opposition with the trial court challenging plaintiffs prima-facie evidence of physical impairment. Defendants opposition shall be filed with the trial court and served on plaintiffs counsel and each defendant; (C) If a defendant does not file an opposition within the time permitted, the trial court shall determine if the plaintiff has established prima-facie evidence of physical impairment in a timely manner based on the papers and documentation submitted to the trial court; (D) If a defendant files an objection, then within ten days of service of defendants opposition, the plaintiff may file a reply with the trial court. The reply must be served on each defendant; and (E) The trial court shall determine if the plaintiff has established prima-facie evidence of physical impairment in a timely manner based on the papers and documentation submitted to the trial court. A hearing will be conducted only if the trial court so orders on its own motion, or if, in the exercise of discretion, the trial court grants a partys request for a hearing. No testimony shall be taken at the hearing. A decision of the trial court not to grant a request for a hearing may not be appealed and does not constitute reversible error. If the trial court determines that the plaintiff has failed to establish prima-facie evidence of physical impairment, it shall dismiss the plaintiffs complaint without prejudice; or (3) In the event a trial is scheduled to commence in less than 60 days from the effective date of this chapter, a trial court can shorten the deadlines contained in this subsection as necessary in order to make a determination regarding the prima-facie evidence of physical impairment before trial commences. (b)(1) The plaintiff in any asbestos claim or silica claim filed in this state on or after the effective date of this chapter shall file together with the complaint a medical affidavit and accompanying documentation setting forth the medical findings necessary to establish prima-facie evidence of physical impairment as provided in paragraph (15) of Code Section 15-13-2. In addition, the plaintiffs complaint shall allege with specificity that the plaintiff satisfies the prima-facie evidence of physical impairment with respect to an asbestos claim or silica claim. (2) Within 90 days of service of plaintiffs complaint, any defendant may file an opposition with the trial court challenging plaintiffs prima-facie evidence of physical impairment. Defendants opposition shall be filed with the trial court and served on plaintiffs counsel and each defendant. (3) If the defendant does not file an opposition challenging plaintiffs prima-facie evidence of physical impairment within the time permitted, the trial court shall determine if the plaintiff has established prima-facie evidence of physical impairment based on the papers and documentation submitted to the trial court. The trial courts decision shall be made in a timely manner. (4) If the defendant files an objection, the plaintiff may file a reply with the trial court within ten days of service of defendants opposition. The reply must be served on

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each defendant. (5) The trial court shall determine if the plaintiff has established prima-facie evidence of physical impairment with respect to an asbestos claim or silica claim in a timely manner based on the papers and documentation submitted to the trial court. A hearing will be conducted only if the trial court so orders on its own motion, or if, in the exercise of discretion, the trial court grants a partys request for a hearing. No testimony shall be taken at the hearing. A decision of the trial court not to grant a request for a hearing may not be appealed and does not constitute reversible error. If the trial court determines that the plaintiff has failed to establish prima-facie evidence of physical impairment, it shall dismiss the plaintiffs complaint without prejudice.
51-13-6. (a) All asbestos claims and silica claims filed in this state on or after the effective date of this chapter shall include a sworn information form containing the following information:
(1) The exposed persons name, address, date of birth, social security number, and marital status; (2) If the exposed person alleges exposure to asbestos or silica through the testimony of another person or other than by direct or bystander exposure to a product or products, the name, address, date of birth, social security number, and marital status for each person by which claimant alleges exposure, hereafter the 'index person,' and the claimants relationship to each person; (3) The specific location of each alleged exposure; (4) The specific asbestos-containing product or silica-containing product to which the exposed person was exposed and the manufacturer of each product; (5) The beginning and ending dates of each alleged exposure as to each asbestoscontaining product or silica-containing product for each location at which exposure allegedly took place for plaintiff and for each index person; (6) The occupation and name of employer of the exposed person at the time of each alleged exposure; (7) The specific condition related to asbestos or silica claimed to exist; and (8) Any supporting documentation of the condition claimed to exist. (b) All asbestos claims and silica claims along with sworn information forms must be individually filed in separate civil actions except that claims relating to the exposure to asbestos or silica for the same exposed person whose alleged injury is the basis for the civil action may be joined in a single action. Otherwise, no claims on behalf of a group or class of persons shall be joined in single civil action.
51-13-7. (a) Until such time as the trial court enters an order determining that the plaintiff has established prima-facie evidence of physical impairment, no asbestos claim or silica claim shall be subject to discovery, except discovery related to establishing or

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challenging the prima-facie evidence of physical impairment or by order of the trial court upon motion of one of the parties and for good cause shown. (b) The medical criteria set forth in this chapter to establish prima-facie evidence of physical impairment are solely for the purpose of determining whether a claim meets the criteria to proceed in court. The fact that a plaintiff satisfies the criteria necessary to establish prima-facie evidence of physical impairment for an asbestos claim or silica claim shall not be construed as an admission or determination that the exposed person in fact has a condition related to exposure to asbestos or silica and shall not be cited, referred to, or otherwise used at trial. (c) Unless stipulated to by the parties, an expert report submitted for the purpose of establishing or challenging prima-facie evidence of physical impairment is inadmissible for any other purpose.
51-13-8. (a) A civil action alleging an asbestos claim or silica claim may only be brought or maintained in the courts of Georgia if the plaintiff is a resident of Georgia at the time of filing the action or the exposure to asbestos or silica on which the claim is based occurred in Georgia; provided, however, nothing contained in this chapter shall preclude a nonresident of Georgia who currently has a case pending in this state on the effective date of this chapter from maintaining an asbestos claim or silica claim if within 60 days of the effective date of this chapter, a qualified physician, as that term is defined in paragraph (17) of Code Section 51-13-2, certifies in writing that the plaintiff is likely to die as a result of the asbestos related medical condition within one year of the effective date of this chapter. (b) The trial court, on motion of a defendant, shall dismiss each asbestos claim or silica claim that is subject to this chapter against the defendant unless the plaintiff files a written statement with the trial court electing to abate the plaintiffs claim against the defendant for a period of 180 days from the date the trial court disposes of the defendants motions in order to afford the plaintiff an opportunity to file a new action on the claims in another state of the United States. (c) A trial court may not abate or dismiss a claim under this Code section until the defendant files with the trial court or with the clerk of the court a written stipulation that, with respect to a new action on the claim commenced by the plaintiff, the defendant waives the right to assert a statute of limitations defense in all other states of the United States in which the claim was not barred by limitations at the time the claim was filed in this state as necessary to effect a tolling of the limitations periods in those states beginning on the date the claim was filed in this state and ending on the date the claim is dismissed or the period of abatement ends. The fact that a claim subject to this Code section was barred by the statute of limitations in all other states of the United States at the time it was filed in this state shall not prevent the claim from being dismissed pursuant to this Code section and such claim shall be dismissed even if it can not be filed in another state. The trial court may not abate or dismiss a claim under this Code section until the defendant files with the trial court or with the clerk of the court a

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written stipulation that, with respect to a new action on the claim commenced by the plaintiff in another state of the United States, the plaintiff may elect that the plaintiff and the defendant may rely on responses to discovery already provided under the Georgia Civil Practice Act, plus any additional discovery that may be conducted under the rules of civil procedure in another state, or use responses to discovery already provided and conduct additional discovery as permitted under the rules of civil procedure in such other state. (d) To comply with this Code section in relation to an action that involves both claims that arose in this state and claims that arose outside this state, a trial court shall consider each claim individually and shall sever from the action the claims that are subject to this Code section. (e) If a plaintiff alleges that the exposed person was exposed to asbestos or silica while located in more than one jurisdiction, the trial court shall determine, for purposes of this Code section, which of the jurisdictions is the most appropriate forum for the claim, considering the relative amounts and lengths of the exposed persons exposure to asbestos or silica in each jurisdiction.
51-13-9. Notwithstanding any other provision of law, an asbestos claim or silica claim that meets the requirements of this chapter permitting a claim to be filed in this state may only be filed in the county where the plaintiff resides or the county in which the exposure to asbestos or silica on which the claim is based occurred and that exposure was a substantial contributing factor to the physical impairment of the exposed person on which the plaintiffs claim is based. If a plaintiff alleges that an exposed person was exposed to asbestos or silica while located in more than one county, the trial court shall determine which of the counties is the most appropriate forum for the claim, considering the relative amounts and lengths of the exposed persons exposure to asbestos or silica in each of those counties.
51-13-10. A trial court may consolidate for trial any number and type of asbestos claims or silica claims with the consent of all the parties. In the absence of such consent, the trial court may consolidate for trial only asbestos claims or silica claims relating to the same exposed person and members of his or her household."
SECTION 2. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of

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this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and applies to all asbestos claims or silica claims filed on or after the effective date and to any pending asbestos claims or silica claims in which trial has not commenced as of the effective date.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by the Committee on Rules, was read and adopted:
A BILL
To amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to change provisions relating to asbestos claims and silica claims; to provide for applicability; to provide definitions; to provide that physical impairment shall be an essential element of an asbestos claim or a silica claim; to provide for a limitations period for filing a claim; to provide for dismissal of pending claims under certain conditions; to provide for general rules applicable to new filings; to provide for forum non conveniens; to provide for venue; to provide for joinder and consolidation of claims; to provide for other matters relative to the foregoing; 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. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by inserting at the end thereof a new Chapter 14 to read as follows:
"CHAPTER 14
51-14-1. This chapter applies to any claim defined in this chapter as an asbestos claim or as a silica claim.
51-14-2. As used in this chapter, the term:
(1) 'Asbestos' means chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, and any of these minerals that have been chemically

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treated or altered, including but not limited to all minerals defined as asbestos in 29 CFR 1910, as amended from time to time. (2) 'Asbestos claim' means any claim, wherever or whenever made, for damages, losses, indemnification, contribution, loss of consortium, or other relief arising out of, based on, or in any way related to the health effects of exposure to asbestos, including, but not limited to:
(A) Any claim for: (i) Personal injury or death; (ii) Mental or emotional injury; (iii) Risk of disease or other injury; or (iv) The costs of medical monitoring or surveillance, to the extent such claims are recognized under state law; and
(B) Any claim made by or on behalf of an exposed person or based on that exposed persons exposure to asbestos, including a representative, spouse, parent, child, or other relative of the exposed person. For purposes of this chapter, 'asbestos claim' shall not mean a claim brought under a workers compensation law administered by this state to provide benefits, funded by a responsible employer or its insurance carrier, for occupational diseases or injuries or for disability or death caused by occupational diseases or injuries. (3) 'Asbestosis' means bilateral diffuse interstitial fibrosis of the lungs caused by inhalation of asbestos. (4) 'Board certified internist' means a qualified physician licensed to practice medicine who has treated or is treating the exposed person or has or had a doctorpatient relationship with the exposed person and who is currently certified by the American Board of Internal Medicine. (5) 'Board certified pathologist' means a qualified physician licensed to practice medicine who holds primary certification in anatomic pathology or combined anatomic or clinical pathology from the American Board of Pathology and whose professional practice is principally in the field of pathology and involves regular evaluation of pathology materials obtained from surgical or post-mortem specimens. (6) 'Board certified pulmonologist' means a qualified physician licensed to practice medicine who has treated or is treating the exposed person or has or had a doctorpatient relationship with the exposed person and who is currently certified by the American Board of Internal Medicine in the subspecialty of pulmonary medicine. (7) 'Certified B-reader' means a qualified physician who has successfully passed the B-reader certification examination for X-ray interpretation sponsored by the National Institute for Occupational Safety and Health and whose certification was current at the time of any readings required by this chapter. (8) 'Chest X-rays' means films taken in two views (PA and Lateral) and graded quality 1 for reading in accordance with the radiological standards established by the International Labor Office, as interpreted by a certified B-reader. (9) 'Claimant' means a party seeking recovery of damages for an asbestos claim or silica claim, including the exposed person, any other plaintiff making a claim as a

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result of the exposed persons exposure to asbestos or silica, counterclaimant, crossclaimant, or third-party plaintiff. If a claim is brought through or on behalf of an estate, the term includes the claimants decedent; if a claim is brought through or on behalf of a minor or incompetent, the term includes the claimants parent or guardian. (10) 'Exposed person' means any person whose exposure to asbestos or silica is the basis for an asbestos claim or a silica claim. (11) 'FEV-1' means forced expiratory volume in the first second, which is the maximal volume of air expelled in one second during performance of simple spirometric tests. (12) 'FVC' means forced vital capacity, which is the maximal volume of air expired with maximum effort from a position of full inspiration. (13) 'ILO system' means the radiological ratings of the International Labor Office set forth in Guidelines for the Use of ILO International Classification of Radiographs of Pneumoconioses, revised edition, as amended from time to time by the International Labor Office. (14) 'Lower limit of normal' means the fifth percentile of healthy populations based on age, height, and gender, as referenced in the American Medical Associations Guides to the Evaluation of Permanent Impairment, fifth edition, as amended from time to time by the American Medical Association. (15) In the context of an asbestos claim, 'prima-facie evidence of physical impairment' means:
(A) That a board certified pathologist has made a diagnosis of pleural or peritoneal mesothelioma, or a diagnosis of cancer demonstrated by a medical report showing the diagnosis as a primary cancer, and has signed a report certifying to a reasonable degree of medical certainty that exposure to asbestos was a substantial contributing factor to the diagnosed cancer and that it was not more probably the result of causes other than the asbestos exposure revealed by the exposed persons employment and medical histories; or (B) That a board certified internist, pulmonologist, or pathologist has signed a detailed narrative medical report and diagnosis stating that the exposed person suffers from a nonmalignant disease related to asbestos and that:
(i) Verifies that the doctor signing the detailed narrative medical report and diagnosis or a medical professional employed by and under the direct supervision and control of that doctor has taken:
(I) A detailed occupational and exposure history from the exposed person or, if that person is deceased, from the person most knowledgeable about the exposures that form the basis for the action. The history shall include all of the exposed persons principal employments and his or her exposures to airborne contaminants that can cause pulmonary impairment, including, but not limited to, asbestos, silica, and other disease-causing dusts, and the nature, duration, and level of any such exposure; and

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(II) A detailed medical and smoking history that includes a thorough review of the exposed persons past and present medical problems and their most probable cause; (ii) Sets out the details of the occupational, medical, and smoking histories and verifies that at least 15 years have elapsed between the exposed persons first exposure to asbestos and the time of diagnosis; (iii) Verifies that the exposed person has: (I) An ILO quality 1 chest X-ray taken in accordance with all applicable state and federal regulatory standards, and that the X-ray has been read by a certified B-reader according to the ILO system of classification as showing bilateral small irregular opacities (s, t, or u) graded 1/1 or higher or bilateral diffuse pleural thickening graded b2 or higher including blunting of the costophrenic angle; provided, however, that in a death case where no pathology is available, the necessary radiologic findings may be made with a quality 2 film if a quality 1 film is not available; or (II) Pathological asbestosis graded 1(B) or higher under the criteria published in the Asbestos-Associated Diseases, Special Issue of the Archives of Pathological and Laboratory Medicine, Volume 106, Number 11, Appendix 3, as amended from time to time; (iv) Verifies that the exposed person has pulmonary impairment related to asbestos as demonstrated by pulmonary function testing, performed using equipment, methods of calibration, and techniques that meet the criteria incorporated in the American Medical Associations Guides to the Evaluation of Permanent Impairment, fifth edition, and reported as set forth in 20 CFR 404, Subpt. P. App 1, Part (A) Section 3.00 (E) and (F), as amended from time to time by the American Medical Association, and the interpretative standards of the American Thoracic Society, Lung Function Testing: Selection of Reference Values and Interpretive Strategies, 144 Am. Rev. Resp. Dis. 1202-1218 (1991), as amended from time to time by the American Thoracic Society, that shows: (I) Forced vital capacity below the lower limit of normal and FEV1/FVC ratio, using actual values, at or above the lower limit of normal; or (II) Total lung capacity, by plethysmography or timed gas dilution, below the lower limit of normal; and (v) Verifies that the doctor signing the detailed narrative medical report and diagnosis has concluded that exposure to asbestos was a substantial contributing factor to the exposed persons medical condition and physical impairment and that they were not more probably the result of other causes revealed by the exposed persons employment and medical histories. Copies of the B-reading, the pulmonary function tests, including printouts of the flow volume loops and all other elements required to demonstrate compliance with the equipment, quality, interpretation, and reporting standards set forth herein, and the diagnosing physicians detailed narrative medical report and diagnosis shall be attached to any complaint alleging nonmalignant disease related to exposure to

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asbestos. All such reports, as well as all other evidence used to establish prima-facie evidence of physical impairment, must meet objective criteria for generally accepted medical standards related to exposure to asbestos and must not be obtained through testing or examinations that violate any applicable law, regulation, licensing requirement, or medical code of practice. Failure to attach the required reports or demonstration by any party that the reports do not satisfy the standards set forth herein shall result in the dismissal of the action, without prejudice, upon motion of any party. (16) In the context of a silica claim, 'prima-facie evidence of physical impairment' means:
(A) A written diagnosis of silica related lung cancer demonstrated by: (i) A medical report showing the diagnosis as a diagnosis of a primary lung cancer; and (ii) A signed report certified by a board certified internist, pulmonologist, or pathologist stating to a reasonable degree of medical probability that exposure to silica was the cause of the diagnosed lung cancer with underlying silicosis demonstrated by bilateral nodular opacities (p, q, or r) occurring primarily in the upper lung fields, graded 1/1 or higher and not more probably the result of causes other than the silica exposure revealed by the exposed persons employment and medical histories;
(B) A written diagnosis of silica related progressive massive fibrosis or acute silicoproteinosis; or silicosis complicated by documented tuberculosis, demonstrated by a signed report certified by a board certified internist, pulmonologist, or pathologist; or (C) That a board certified internist, pulmonologist, or pathologist has signed a detailed narrative medical report and diagnosis stating that the exposed person suffers from other stages of nonmalignant disease related to silicosis other than those set forth in subparagraphs (A) and (B) of this paragraph, and that:
(i) Verifies that the doctor signing the detailed narrative medical report and diagnosis or a medical professional employed by and under the direct supervision and control of that doctor has taken:
(I) A detailed occupational and exposure history from the exposed person or, if that person is deceased, from the person most knowledgeable about the exposures that form the basis for the action. The history shall include all of the exposed persons principal employments and his or her exposures to airborne contaminants that can cause pulmonary impairment, including, but not limited to, asbestos, silica, and other disease-causing dusts, and the nature, duration, and level of any such exposure; and (II) A detailed medical and smoking history that includes a thorough review of the exposed persons past and present medical problems and their most probable cause; (ii) Sets out the details of the occupational, medical, and smoking histories and verifies a sufficient latency period for the applicable stage of silicosis;

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(iii) Verifies that the exposed person has at least Class 2 or higher impairment due to silicosis, as set forth in the American Medical Associations Guides to the Evaluation of Permanent Impairment, fifth edition, as amended from time to time; and
(I) An ILO quality 1 chest X-ray taken in accordance with all applicable state and federal regulatory standards, and that the X-ray has been read by a certified B-reader according to the ILO system of classification as showing bilateral nodular opacities (p, q, or r) occurring primarily in the upper lung fields, graded 1/1 or higher; provided, however, that in a death case where no pathology is available, the necessary radiologic findings may be made with a quality 2 film if a quality 1 film is not available; or (II) Pathological demonstration of classic silicotic nodules exceeding 1 centimeter in diameter as set forth in Archives of Pathological & Laboratory Medicine, July, 1988, as amended from time to time; and (iv) Verifies that the doctor signing the detailed narrative medical report and diagnosis has concluded that the exposure to silica is a substantial contributing factor to the exposed persons medical condition and physical impairment and that they were not more probably the result of other causes revealed by the exposed persons employment and medical history. Copies of the B-reading, the pulmonary function tests, including printouts of the flow volume loops and all other elements required to demonstrate compliance with the equipment, quality, interpretation, and reporting standards set forth herein, and the diagnosing physicians detailed narrative medical report and diagnosis shall be attached to any complaint alleging nonmalignant disease related to exposure to silicosis. All such reports, as well as all other evidence used to establish prima-facie evidence of physical impairment, must meet objective criteria for generally accepted medical standards related to exposure to silica and must not be obtained through testing or examinations that violate any applicable law, regulation, licensing requirement, or medical code of practice. Failure to attach the required reports or demonstration by any party that the reports do not satisfy the standards set forth herein shall result in the dismissal of the action, without prejudice, upon motion of any party. (17) 'Qualified physician' means a medical doctor, who: (A) Spends no more than 10 percent of his or her professional practice time in providing consulting or expert services in connection with actual or potential civil actions, and whose medical group, professional corporation, clinic, or other affiliated group earns not more than 20 percent of its revenues from providing such services; (B) Receives or received payment for the treatment of the exposed person from that person or from that persons health maintenance organization or other medical provider; and (C) Does not require as a condition of diagnosing, examining, testing, screening, or treating the exposed person that legal services be retained by the exposed person or

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any other person pursuing an asbestos or silica claim based on the exposed persons exposure to asbestos or silica. (18) 'Silica' means a group of naturally occurring crystalline forms of silicon dioxide, including, but not limited to, quartz and silica sand, whether in the form of respirable free silica or any quartz-containing or crystalline silica-containing dust, in the form of a quartz-containing by-product or crystalline silica-containing by-product, or dust released from individual or commercial use, release, or disturbance of silica sand, silicon dioxide, or crystalline-silica containing media, consumables, or materials. (19) 'Silica claim' means any claim, wherever or whenever made, for damages, losses, indemnification, contribution, loss of consortium, or other relief arising out of, based on, or in any way related to the health effects of exposure to silica, including, but not limited to: (A) Any claim for:
(i) Personal injury or death; (ii) Mental or emotional injury; (iii) Risk of disease or other injury; or (iv) The costs of medical monitoring or surveillance, to the extent such claims are recognized under state law; and (B) Any claim made by or on behalf of any exposed person or based on that exposed persons exposure to silica, including a representative, spouse, parent, child, or other relative of the exposed person. For purposes of this chapter, 'silica claim' shall not mean a claim brought under a workers compensation law administered by this state to provide benefits, funded by a responsible employer or its insurance carrier, for occupational diseases or injuries or for disability or death caused by occupational diseases or injuries. (20) 'Silicosis' means nodular interstitial fibrosis of the lung produced by inhalation of silica. (21) 'Total lung capacity' means the volume of gas contained in the lungs at the end of a maximal inspiration.
51-14-3. (a) Prima-facie evidence of physical impairment of the exposed person as defined in paragraph (15) or (16) of Code Section 51-14-2 shall be an essential element of an asbestos claim or silica claim. (b) No person shall bring or maintain a civil action alleging an asbestos claim or silica claim in the absence of prima-facie evidence of physical impairment resulting from a medical condition for which exposure to asbestos or silica was a substantial contributing factor.
51-14-4. Notwithstanding any other provision of law, with respect to any asbestos claim or silica claim not barred as of the effective date of this chapter, the limitations period shall not begin to run until the exposed person or any plaintiff making an asbestos claim or silica

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claim based on the exposed persons exposure to asbestos or silica discovers, or through the exercise of reasonable diligence should have discovered, that the exposed person is or was physically impaired as defined in paragraph (15) or (16) of Code Section 51-142.
51-14-5. (a) Any asbestos claim or silica claim pending in this state on the effective date of this chapter shall be dismissed within 120 days of the effective date of this chapter without prejudice unless:
(1) All parties stipulate by no less than 60 days prior to the commencement of trial that the plaintiff has established prima-facie evidence of physical impairment with respect to an asbestos claim or silica claim; or (2) The trial court in which the complaint was initially filed issues an order that the plaintiff has established prima-facie evidence of physical impairment with respect to an asbestos claim or silica claim. Such an order shall be issued only if the following conditions and procedures are met:
(A) By no less than 60 days prior to the commencement of trial, the plaintiff files with the trial court and serves on each defendant named in the complaint or on counsel designated by each defendant the medical documentation necessary to establish prima-facie evidence of physical impairment; (B) Within 30 days of service of plaintiffs documentation establishing prima-facie evidence of physical impairment, any defendant may file an opposition with the trial court challenging plaintiffs prima-facie evidence of physical impairment. Defendants opposition shall be filed with the trial court and served on plaintiffs counsel and each defendant; (C) If a defendant does not file an opposition within the time permitted, the trial court shall determine if the plaintiff has established prima-facie evidence of physical impairment in a timely manner based on the papers and documentation submitted to the trial court; (D) If a defendant files an objection, then within ten days of service of defendants opposition, the plaintiff may file a reply with the trial court. The reply must be served on each defendant; and (E) The trial court shall determine if the plaintiff has established prima-facie evidence of physical impairment in a timely manner based on the papers and documentation submitted to the trial court. A hearing will be conducted only if the trial court so orders on its own motion, or if, in the exercise of discretion, the trial court grants a partys request for a hearing. No testimony shall be taken at the hearing. A decision of the trial court not to grant a request for a hearing may not be appealed and does not constitute reversible error. If the trial court determines that the plaintiff has failed to establish prima-facie evidence of physical impairment, it shall dismiss the plaintiffs complaint without prejudice; or (3) In the event a trial is scheduled to commence in less than 60 days from the effective date of this chapter, a trial court can shorten the deadlines contained in this

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subsection as necessary in order to make a determination regarding the prima-facie evidence of physical impairment before trial commences. (b)(1) The plaintiff in any asbestos claim or silica claim filed in this state on or after the effective date of this chapter shall file together with the complaint a medical affidavit and accompanying documentation setting forth the medical findings necessary to establish prima-facie evidence of physical impairment as provided in paragraph (15) or (16) of Code Section 15-14-2. In addition, the plaintiffs complaint shall allege with specificity that the plaintiff satisfies the prima-facie evidence of physical impairment with respect to an asbestos claim or silica claim. (2) Within 90 days of service of plaintiffs complaint, any defendant may file an opposition with the trial court challenging plaintiffs prima-facie evidence of physical impairment. Defendants opposition shall be filed with the trial court and served on plaintiffs counsel and each defendant. (3) If the defendant does not file an opposition challenging plaintiffs prima-facie evidence of physical impairment within the time permitted, the trial court shall determine if the plaintiff has established prima-facie evidence of physical impairment based on the papers and documentation submitted to the trial court. The trial courts decision shall be made in a timely manner. (4) If the defendant files an objection, the plaintiff may file a reply with the trial court within ten days of service of defendants opposition. The reply must be served on each defendant. (5) The trial court shall determine if the plaintiff has established prima-facie evidence of physical impairment with respect to an asbestos claim or silica claim in a timely manner based on the papers and documentation submitted to the trial court. A hearing will be conducted only if the trial court so orders on its own motion, or if, in the exercise of discretion, the trial court grants a partys request for a hearing. No testimony shall be taken at the hearing. A decision of the trial court not to grant a request for a hearing may not be appealed and does not constitute reversible error. If the trial court determines that the plaintiff has failed to establish prima-facie evidence of physical impairment, it shall dismiss the plaintiffs complaint without prejudice.
51-14-6. (a) All asbestos claims and silica claims filed in this state on or after the effective date of this chapter shall include a sworn information form containing the following information:
(1) The exposed persons name, address, date of birth, social security number, and marital status; (2) If the exposed person alleges exposure to asbestos or silica through the testimony of another person or other than by direct or bystander exposure to a product or products, the name, address, date of birth, social security number, and marital status for each person by which claimant alleges exposure, hereafter the 'index person,' and the claimants relationship to each person; (3) The specific location of each alleged exposure;

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(4) The specific asbestos-containing product or silica-containing product to which the exposed person was exposed and the manufacturer of each product; (5) The beginning and ending dates of each alleged exposure as to each asbestoscontaining product or silica-containing product for each location at which exposure allegedly took place for plaintiff and for each index person; (6) The occupation and name of employer of the exposed person at the time of each alleged exposure; (7) The specific condition related to asbestos or silica claimed to exist; and (8) Any supporting documentation of the condition claimed to exist. (b) All asbestos claims and silica claims along with sworn information forms must be individually filed in separate civil actions except that claims relating to the exposure to asbestos or silica for the same exposed person whose alleged injury is the basis for the civil action may be joined in a single action. Otherwise, no claims on behalf of a group or class of persons shall be joined in single civil action.
51-14-7. (a) Until such time as the trial court enters an order determining that the plaintiff has established prima-facie evidence of physical impairment, no asbestos claim or silica claim shall be subject to discovery, except discovery related to establishing or challenging the prima-facie evidence of physical impairment or by order of the trial court upon motion of one of the parties and for good cause shown. (b) The medical criteria set forth in this chapter to establish prima-facie evidence of physical impairment are solely for the purpose of determining whether a claim meets the criteria to proceed in court. The fact that a plaintiff satisfies the criteria necessary to establish prima-facie evidence of physical impairment for an asbestos claim or silica claim shall not be construed as an admission or determination that the exposed person in fact has a condition related to exposure to asbestos or silica and shall not be cited, referred to, or otherwise used at trial. (c) Unless stipulated to by the parties, an expert report submitted for the purpose of establishing or challenging prima-facie evidence of physical impairment is inadmissible for any other purpose.
51-14-8. (a) A civil action alleging an asbestos claim or silica claim may only be brought or maintained in the courts of Georgia if the plaintiff is a resident of Georgia at the time of filing the action or the exposure to asbestos or silica on which the claim is based occurred in Georgia; provided, however, nothing contained in this chapter shall preclude a nonresident of Georgia who currently has a case pending in this state on the effective date of this chapter from maintaining an asbestos claim or silica claim if within 60 days of the effective date of this chapter, a qualified physician, as that term is defined in paragraph (17) of Code Section 51-14-2, certifies in writing that the plaintiff is likely to die as a result of the asbestos related medical condition within one year of the effective date of this chapter.

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(b) The trial court, on motion of a defendant, shall dismiss each asbestos claim or silica claim that is subject to this chapter against the defendant unless the plaintiff files a written statement with the trial court electing to abate the plaintiffs claim against the defendant for a period of 180 days from the date the trial court disposes of the defendants motions in order to afford the plaintiff an opportunity to file a new action on the claims in another state of the United States. (c) A trial court may not abate or dismiss a claim under this Code section until the defendant files with the trial court or with the clerk of the court a written stipulation that, with respect to a new action on the claim commenced by the plaintiff, the defendant waives the right to assert a statute of limitations defense in all other states of the United States in which the claim was not barred by limitations at the time the claim was filed in this state as necessary to effect a tolling of the limitations periods in those states beginning on the date the claim was filed in this state and ending on the date the claim is dismissed or the period of abatement ends. The fact that a claim subject to this Code section was barred by the statute of limitations in all other states of the United States at the time it was filed in this state shall not prevent the claim from being dismissed pursuant to this Code section and such claim shall be dismissed even if it can not be filed in another state. The trial court may not abate or dismiss a claim under this Code section until the defendant files with the trial court or with the clerk of the court a written stipulation that, with respect to a new action on the claim commenced by the plaintiff in another state of the United States, the plaintiff may elect that the plaintiff and the defendant may rely on responses to discovery already provided under the Georgia Civil Practice Act, plus any additional discovery that may be conducted under the rules of civil procedure in another state, or use responses to discovery already provided and conduct additional discovery as permitted under the rules of civil procedure in such other state. (d) To comply with this Code section in relation to an action that involves both claims that arose in this state and claims that arose outside this state, a trial court shall consider each claim individually and shall sever from the action the claims that are subject to this Code section. (e) If a plaintiff alleges that the exposed person was exposed to asbestos or silica while located in more than one jurisdiction, the trial court shall determine, for purposes of this Code section, which of the jurisdictions is the most appropriate forum for the claim, considering the relative amounts and lengths of the exposed persons exposure to asbestos or silica in each jurisdiction.
51-14-9. Notwithstanding any other provision of law, an asbestos claim or silica claim that meets the requirements of this chapter permitting a claim to be filed in this state may only be filed in the county where the plaintiff resides or the county in which the exposure to asbestos or silica on which the claim is based occurred and that exposure was a substantial contributing factor to the physical impairment of the exposed person on which the plaintiffs claim is based. If a plaintiff alleges that an exposed person was

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exposed to asbestos or silica while located in more than one county, the trial court shall determine which of the counties is the most appropriate forum for the claim, considering the relative amounts and lengths of the exposed persons exposure to asbestos or silica in each of those counties.

51-14-10. A trial court may consolidate for trial any number and type of asbestos claims or silica claims with the consent of all the parties. In the absence of such consent, the trial court may consolidate for trial only asbestos claims or silica claims relating to the same exposed person and members of his or her household."

SECTION 2. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and applies to all asbestos claims or silica claims filed on or after the effective date and to any pending asbestos claims or silica claims in which trial has not commenced as of the effective 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, by substitute.

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

Y Abdul-Salaam Y Amerson Y Anderson E Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson Y Dollar Y Drenner

Y Holmes Y Holt Y Horne Y Houston
Howard Y Hudson E Hugley Y Jackson Y Jacobs

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell

Sailor Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F

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Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant E Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J E Heard, K Y Heckstall
Hembree E Henson Y Hill, C Y Hill, C.A

Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan E Keen Y Keown E Kidd Y Knight Y Knox Y Lakly Y Lane, B
Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J
Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham Y Parrish Y Parsons E Porter E Powell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, 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.

Representative Murphy of the 120th 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 36, Representative Jamieson of the 28th asked unanimous consent that the rules be suspended in order for the House to reconsider its action in failing to give the requisite constitutional majority to the following Bill of the Senate:

SB 132. By Senator Williams of the 19th:

A BILL to be entitled an Act to amend an Act providing for the Board of Education of Wayne County, approved January 28, 1994 (Ga. L. 1994, p. 3512), as amended, so as to provide for the nonpartisan election of members of that board; to provide for submission of this Act under the federal Voting

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Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes

The motion prevailed.

The following Bill of the Senate, having previously been read, was again taken up for consideration:

SB 132. By Senator Williams of the 19th:

A BILL to be entitled an Act to amend an Act providing for the Board of Education of Wayne County, approved January 28, 1994 (Ga. L. 1994, p. 3512), as amended, so as to provide for the nonpartisan election of members of that board; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; 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 Abdul-Salaam Y Amerson Y Anderson E Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant E Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas

Y Crawford Y Cummings
Davis Y Day
Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd
Forster Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson E Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan E Keen Y Keown E Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey

Y Maxwell May
Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham Y Parrish Y Parsons E Porter E Powell Y Ralston
Randall

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin
Walker E Warren

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Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Harbin Y Hatfield
Heard, J E Heard, K Y Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A

Y Lord Loudermilk Lucas
Y Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin

Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Watson Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 149, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

Representative Heard of the 104th 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 Bill of the House was withdrawn from the Committee on Industrial Relations and referred to the Committee on Ways & Means:

HB 230. By Representatives Bruce of the 64th, Maxwell of the 17th, Orrock of the 58th, Benfield of the 85th, Mosby of the 90th and others:

A BILL to be entitled an Act to amend Article 4A of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to community involvement in education, so as to enact the "Time for Schools Act"; to provide for legislative intent; to provide that an employer shall not discharge or penalize a parent for taking reasonable time not to exceed eight hours per year to attend a parent-child conference or school program; to provide that an employer may not discriminate against an employee for taking leave in order to attend a conference or school program; to provide for related matters; to repeal conflicting laws; and for other purposes.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Special Rules and referred to the Committee on State Planning & Community Affairs:

HB 586. By Representative Borders of the 175th:

A BILL to be entitled an Act to amend Code Section 44-12-300 of the Official Code of Georgia Annotated, relating to state recognition of American Indian tribes, so as to officially recognize the Southeastern Cherokee Council, Inc.; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

HR 48. By Representatives Dodson of the 75th, Barnes of the 78th, Buckner of the 76th, Abdul-Salaam of the 74th, Jordan of the 77th and others:

A RESOLUTION recognizing Honorable Martha K. Glaze and designating the Clayton Regional Youth Detention Center as the Martha K. Glaze Regional Youth Detention Center; 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 Abdul-Salaam Y Amerson Y Anderson E Ashe
Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant E Buckner, D
Buckner, G Y Burkhalter
Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster
Franklin Y Freeman Y Gardner Y Geisinger Y Golick
Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J E Heard, K Y Heckstall Y Hembree E Henson

Y Holmes Y Holt Y Horne
Houston Y Howard Y Hudson E Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan E Keen Y Keown E Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham Y Manning

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan
Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham Y Parrish Y Parsons E Porter E Powell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren
Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix

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Y Cooper Y Cox

Y Hill, C Y Hill, C.A

Y Marin Y Martin

Y Royal Y Rynders

Y Yates Richardson,
Speaker

On the adoption of the Resolution, the ayes were 151, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

Representative Houston of the 170th 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.

HB 281. By Representatives Smith of the 129th, Loudermilk of the 14th, Graves of the 12th, Floyd of the 147th and Mosley of the 178th:

A BILL to be entitled an Act to amend Chapter 32 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Regional Transportation Authority, so as to provide for additional powers to enter upon certain lands; to provide for procedures and conditions; to provide for a sales and use tax exemption with respect to property purchased by or used by the authority; to provide that no provision of Chapter 7 of Title 46 shall apply to any bus, other motor vehicle, or rapid rail system of the authority which provides transit services; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

To amend Chapter 32 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Regional Transportation Authority, so as to provide for a sales and use tax exemption with respect to property purchased by or used by the authority; to provide that no provision of Chapter 7 of Title 46 shall apply to any bus, other motor vehicle, or rapid rail system of the authority which provides transit services; 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 32 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Regional Transportation Authority, is amended by striking Code Section 50-32-37, relating to tax exemptions applicable to such authority, and inserting in its place a new Code Section 50-32-37 to read as follows:
"50-32-37.

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995

It is found, determined, and declared that the creation of this authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of the state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this chapter. For such reasons the state covenants with the owners from time to time of the bonds, notes, and other obligations issued under this chapter that the authority shall not be required to pay any taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others, or upon its activities in the operation or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise, and that the bonds, notes, and other obligations of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption provided in this chapter shall not include any an exemption from sales and use tax on property purchased by the authority or for use by the authority."

SECTION 2. Said chapter is further amended by adding a new Code section immediately following Code Section 50-32-70, to be designated Code Section 50-32-71, to read as follows:
"50-32-71. No provision of Chapter 7 of Title 46 shall apply to any bus, other motor vehicle, or rapid rail system of the authority which provides transit services."

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 Abdul-Salaam Y Amerson Y Anderson E Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson Y Dollar

Y Holmes Y Holt Y Horne Y Houston
Howard Y Hudson E Hugley Y Jackson

Y Maxwell Y May Y McCall Y McClinton Y Meadows
Millar Y Miller Y Mills

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C

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Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant E Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick
Graves, D Y Graves, T Y Greene
Hanner Y Harbin Y Hatfield Y Heard, J E Heard, K Y Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A

Y Jacobs Y James Y Jamieson Y Jenkins E Jennings
Johnson Y Jones, J Y Jones, S Y Jordan E Keen Y Keown E Kidd Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord
Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Martin

Y Mitchell Morgan
Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham Y Parrish Y Parsons E Porter E Powell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R N Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 151, nays 1.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following Resolutions of the House were read and adopted:

HR 343. By Representatives Ashe of the 56th, Willard of the 49th, Ralston of the 7th, Richardson of the 19th, Porter of the 143rd and others:

A RESOLUTION commending Dean Janice C. Griffith; and for other purposes.

HR 344. By Representatives Walker of the 107th, Sheldon of the 105th, Lakly of the 72nd, Heckstall of the 62nd, Byrd of the 20th and others:

A RESOLUTION acknowledging the contributions of senior Georgians and establishing the week of February 28 through March 4 as Senior Week at the Capitol; and for other purposes.

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HR 345. By Representative Walker of the 107th: A RESOLUTION commending Mr. Jefferson Malone; and for other purposes.
HR 346. By Representative Channell of the 116th: A RESOLUTION commending Stevey Griffin; and for other purposes.
HR 347. By Representative Channell of the 116th: A RESOLUTION commending Laura Dent; and for other purposes.
HR 348. By Representative Channell of the 116th: A RESOLUTION commending Kevin Roberts; and for other purposes.
HR 349. By Representative Channell of the 116th: A RESOLUTION commending Emma O'Neal; and for other purposes.
HR 350. By Representative Channell of the 116th: A RESOLUTION commending Donna Jones; and for other purposes.
HR 351. By Representative Channell of the 116th: A RESOLUTION commending Paula Moore; and for other purposes.
HR 352. By Representative Channell of the 116th: A RESOLUTION commending Tom Heiber; and for other purposes.
HR 353. By Representative Channell of the 116th: A RESOLUTION commending Della Fowler; and for other purposes.
HR 354. By Representative Channell of the 116th: A RESOLUTION commending Thomas Smith; and for other purposes.
HR 355. By Representative Channell of the 116th:

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A RESOLUTION commending Debbie Spann; and for other purposes.
HR 356. By Representative Channell of the 116th:
A RESOLUTION commending Margie Forbes; and for other purposes.
HR 357. By Representative Channell of the 116th:
A RESOLUTION commending Mike Malone; and for other purposes.
HR 358. By Representative Channell of the 116th:
A RESOLUTION commending Alan Spencer; and for other purposes.
HR 359. By Representative Channell of the 116th:
A RESOLUTION commending Trevor Ross; and for other purposes.
HR 360. By Representative Channell of the 116th:
A RESOLUTION commending Lisa Brown; and for other purposes.
HR 361. By Representatives Amerson of the 9th, Reece of the 27th, Bridges of the 10th, Ralston of the 7th and Jenkins of the 8th:
A RESOLUTION commending the Georgia Appalachian Trail Club; and for other purposes.
HR 362. By Representatives Lane of the 158th, Burns of the 157th, Hanner of the 148th, Carter of the 159th, Barnard of the 166th and others:
A RESOLUTION recognizing and commending Mr. Clement O. McIntosh II; and for other purposes.
HR 363. By Representative Cheokas of the 134th:
A RESOLUTION recognizing the Kiwanis Club of Americus on its 85th Anniversary; and for other purposes.
HR 364. By Representative Fludd of the 66th:
A RESOLUTION recognizing the Urban Financial Services Coalition; and for other purposes.

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999

HR 367. By Representative Cummings of the 16th:
A RESOLUTION recognizing and commending Ms. Candy McManus, the Rockmart Civic Arts Commission's 2005 Artist of the Year; and for other purposes.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 342. By Representatives Reese of the 98th and Coan of the 101st:
A RESOLUTION recognizing and commending Riverside Elementary School on its designation as a 2005 Georgia School of Excellence in Student Achievement and inviting its principal, Mr. Craig Barlow, to appear before the House of Representatives; and for other purposes.
Representative Coleman of the 97th District, 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 House and has instructed me to report the same back to the House with the following recommendation:
HB 158 Do Pass, by Substitute
Respectfully submitted, /s/ Coleman of the 97th
Chairman
Representative Knox of the 24th 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 House and has instructed me to report the same back to the House with the following recommendation:
HB 320 Do Pass, by Substitute

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Respectfully submitted, /s/ Knox of the 24th
Chairman
Representative Forster of the 3rd District, Chairman of the Committee on Interstate Cooperation, submitted the following report:
Mr. Speaker:
Your Committee on Interstate Cooperation 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 570 Do Pass, by Substitute
Respectfully submitted, /s/ Forster of the 3rd
Chairman
Representative Barnard of the 166th 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 Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 193 Do Pass HR 239 Do Pass
Respectfully submitted, /s/ Barnard of the 166th
Chairman
Representative Smith of the 129th District, Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation 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:

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1001

HB 458 Do Pass, by Substitute HB 530 Do Pass SB 107 Do Pass, by Substitute
Respectfully submitted, /s/ Smith of the 129th
Chairman
The Speaker announced the House in recess until 5:00 P.M., at which time the House will stand adjourned until 9:00 o'clock A.M. the next legislative day.

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Representative Hall, Atlanta, Georgia
Friday, February 25, 2005
The House met pursuant to adjournment at 9:00 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 Wilburn Hill, Centennial Baptist Church, Rutledge, Georgia.
The members pledged allegiance to the flag.
Representative Heard of the 104th, Chairman of the Committee on Information and Audits, 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 were introduced, read the first time and referred to the Committees:
HB 639. By Representative Cheokas of the 134th:

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1003

A BILL to be entitled an Act to amend an Act providing a new charter for the City of Ellaville, approved April 8, 2002 (Ga. L. 2002, p. 3839), as amended, so as to authorize the city council to appoint the same individual as both city manager and city clerk; to provide for the duties and powers of such city official; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 640. By Representatives Drenner of the 86th, McCall of the 30th, Millar of the 79th, Gardner of the 57th, McClinton of the 84th and others:
A BILL to be entitled an Act to amend Code Section 36-60-17 of the Official Code of Georgia Annotated, relating to a prohibition against a water suppliers cut off of water to premises because of indebtedness of prior owner, occupant, or lessee, records required, and limited liens for unpaid charges for water, gas, sewerage service, or electricity, so as to change certain provisions relating to limited liens for unpaid charges for gas, sewerage service, or electricity; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Utilities & Telecommunications.
HB 641. By Representatives Reese of the 98th, Mills of the 25th and Coan of the 101st:
A BILL to be entitled an Act to provide for a homestead exemption from City of Buford ad valorem taxes for municipal purposes in the amount of $22,000.00 of the assessed value of the homestead after a five-year phase-in period for residents of the City of Buford; 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.
HB 642. By Representatives Reese of the 98th, Mills of the 25th and Coan of the 101st:
A BILL to be entitled an Act to provide for a homestead exemption from City of Buford ad valorem taxes for municipal purposes for the full value of the homestead for residents of that city who are 70 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption

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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.
HB 643. By Representatives Sheldon of the 105th, Cooper of the 41st, Keen of the 179th, Knox of the 24th and Murphy of the 23rd:
A BILL to be entitled an Act to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to establish the Georgia Long-Term Care Partnership Program; to provide a short title; to provide definitions; to provide for the administration of the program; to provide for certain duties and responsibilities; to provide that certain assets of persons not be considered when certain determinations concerning eligibility for Medicaid assistance are made; to provide for criteria for asset disregard; to provide for reciprocal agreements with other states; to authorize the Department of Community Health and the Commissioner of Insurance to promulgate certain rules and regulations; to provide for certain contingencies; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Human Relations & Aging.
HB 644. By Representatives Coleman of the 97th, McCall of the 30th, Bridges of the 10th and Cummings of the 16th:
A BILL to be entitled an Act to amend Code Section 47-2-96.1 of the Official Code of Georgia Annotated, relating to creditable service in the Employees Retirement System of Georgia for certain temporary full-time service, so as to change certain provisions relating to allowable service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 645. By Representatives Coleman of the 97th, Bridges of the 10th and Cummings of the 16th:
A BILL to be entitled an Act to amend Code Section 47-4-101 of the Official Code of Georgia Annotated, relating to retirement benefits payable upon normal, early, or delayed retirement under the Public School Employees Retirement System, so as to increase the minimum and maximum allowable

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retirement benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 646. By Representatives Rogers of the 26th, Millar of the 79th, Watson of the 91st and Stephenson of the 92nd:
A BILL to be entitled an Act to amend Article 1 of Chapter 15 of Title 45 of the Official Code of Georgia Annotated, relating to the Attorney General, so as to provide that the Attorney General shall have the authority to investigate and initiate civil actions for the protection of consumers and small businesses under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 647. By Representatives Stanley-Turner of the 53rd, Thomas of the 55th, Henson of the 87th, Beasley-Teague of the 65th, Orrock of the 58th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to establish a special fund to be known as the "School Health and Physical Education Support Fund"; to provide for a state school health and physical education program; to provide for funds, rules, and reports related thereto; to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to provide for special license plates promoting such program and related activities; 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 an effective date; to provide for contingent repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 649. By Representatives Cox of the 102nd, Geisinger of the 48th, Maxwell of the 17th and Coan of the 101st:
A BILL to be entitled an Act to amend Article 8 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving identity fraud, so as to provide that any person who is engaged in any business which involves the collection or maintenance of identifying information with

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respect to consumers shall have a duty to maintain such identifying information in a manner which is secure against unauthorized disclosure; to require prompt notification to a consumer if the security of that consumers identifying information is or may have been breached; to provide for criminal penalties and civil and administrative remedies; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 650. By Representatives Johnson of the 37th, Dollar of the 45th, Teilhet of the 40th, Parsons of the 42nd, Tumlin of the 38th and others:
A BILL to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4834) and by an Act approved May 17, 2004 (Ga. L. 2004, p. 3838), so as to change the compensation of the judge and 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.
HB 651. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Code Section 47-12-82 of the Official Code of Georgia Annotated, relating to the salary for district attorneys emeritus and suspension of office upon eligibility for or appointment to certain positions, so as to increase the salary of district attorneys emeritus; to provide for a cost-of-living increase in such salary; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 652. By Representative Scott of the 153rd:
A BILL to be entitled an Act to amend Code Section 48-1-9 of the Official Code of Georgia Annotated, the "Taxpayer Bill of Rights," so as to provide that the Department of Revenue shall not have the authority to employ or contract with private entities for the collection of any revenue owed pursuant to any provision of the Georgia Public Revenue Code; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Ways & Means.
HB 653. By Representative Cummings of the 16th:
A BILL to be entitled an Act to amend Chapter 5 of Title 35 of the Official Code of Georgia Annotated, the "Georgia Public Safety Training Center Act," so as to authorize the use of the facilities of the Georgia Public Safety Training Center by retired law enforcement officers for meeting the states standards for training and qualification to carry firearms; to provide for certification; to require reimbursement of the center for costs; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety.
HB 654. By Representatives Reese of the 98th, Coan of the 101st, Maddox of the 172nd and Benfield of the 85th:
A BILL to be entitled an Act to amend Code Section 40-1-1 of the Official Code of Georgia Annotated, relating to definitions relative to motor vehicles and traffic, so as to provide for additional definitions relative to all-terrain vehicles; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 655. By Representative Martin of the 47th:
A BILL to be entitled an Act to amend Part 1A of Article 2 of Chapter 5 of Title 46 of the O.C.G.A., relating to the telephone system for the physically impaired, so as to provide for the establishment of a state-wide telecommunication system capable of providing audible universal information access services to blind and print disabled citizens; to authorize the Public Service Commission to contract for the administration and operation of such system; to provide for the use of a portion of the monthly maintenance surcharge to be used to fund such system; to provide for immunity for the commission and for the providers of such system; to establish criteria for the selection of a service provider; to provide for eligibility guidelines and funding for the audible universal information access service; to set a date for the beginning operation of such system; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Utilities & Telecommunications.
HB 656. By Representative Wilkinson of the 52nd:

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A BILL to be entitled an Act to amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relating to public officers and employees, so as to change certain provisions relating to complaints or information regarding fraud, waste, and abuse in state programs and operations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ethics.
HB 657. By Representative Wilkinson of the 52nd:
A BILL to be entitled an Act to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide for limitations relative to appearances before the Board of Corrections or the Department of Corrections by members of the General Assembly or state elected or appointed officials; to provide for criminal penalties; to change certain provisions relating to appearances before the Board of Pardons and Paroles by members of the General Assembly or state elected or appointed officials; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ethics.
HR 340. By Representatives Sheldon of the 105th, Ehrhart of the 36th, Keen of the 179th, O`Neal of the 146th, Graves of the 12th and others:
A RESOLUTION creating the House Taxpayer Bill of Rights Study Committee; and for other purposes.
Referred to the Committee on Ways & Means.
HR 341. By Representatives Brooks of the 63rd and Day of the 163rd:
A RESOLUTION urging the continuation of an existing Georgia Association of Chiefs of Police ad hoc committee to evaluate electronic shock devices, including stun guns and tasers; and for other purposes.
Referred to the Committee on Public Safety.
HR 365. By Representatives Stanley-Turner of the 53rd, Thomas of the 55th, Henson of the 87th, Beasley-Teague of the 65th, Orrock of the 58th and others:

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A RESOLUTION proposing an amendment to the Constitution so as to provide for the creation of a school health and physical education support fund and program; to provide funds for the program from the voluntary purchase of special license plates and other sources; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Motor Vehicles.
HR 366. By Representatives Stanley-Turner of the 53rd, Thomas of the 55th, Henson of the 87th, Beasley-Teague of the 65th, Drenner of the 86th and others:
A RESOLUTION urging the Department of Human Resources to forthwith eliminate the vehicle asset test for food stamp eligibility; and for other purposes.
Referred to the Committee on Human Relations & Aging.
By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the Committee:
HB 662. By Representatives Hanner of the 148th and Shaw of the 176th:
A BILL to be entitled an Act to amend Code Section 27-2-23 of the Official Code of Georgia Annotated, relating to game and fish license, permit, tag, and stamp fees, so as to establish a three-day nonresident big game license and the fee therefor; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 664. By Representatives Golick of the 34th, Roberts of the 154th and Smith of the 129th:
A BILL to be entitled an Act to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide for limitations relative to appearances before the Board of Corrections or the Department of Corrections by members of the General Assembly or state elected or appointed officials; to provide for criminal penalties; to change certain provisions relating to appearances before the Board of Pardons and Paroles by members of the General Assembly or state elected or appointed officials; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Ethics.

HB 665. By Representatives Golick of the 34th, Roberts of the 154th and Smith of the 129th:

A BILL to be entitled an Act to amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relating to public officers and employees, so as to change certain provisions relating to complaints or information regarding fraud, waste, and abuse in state programs and operations; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ethics.

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

HB 616 HB 617 HB 618 HB 619 HB 620 HB 621 HB 622 HB 623 HB 624 HB 625 HB 626 HB 627 HB 628 HB 629 HB 630

HB 631 HB 632 HB 633 HB 634 HB 635 HB 636 HB 637 HB 638 HB 648 SB 35 SB 46 SB 80 SB 90 SB 129

Representative Harbin of the 118th District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:

Your Committee on Appropriations 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 392 Do Pass

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1011

Respectfully submitted, /s/ Harbin of the 118th
Chairman

Representative Franklin of the 43rd District, Chairman of the Committee on Legislative and Congressional Reapportionment, submitted the following report:

Mr. Speaker:

Your Committee on Legislative and Congressional Reapportionment 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 499 Do Pass, by Substitute

Respectfully submitted, /s/ Franklin of the 43rd
Chairman

Representative Graves of the 137th 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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 318 Do Pass, by Substitute HB 346 Do Pass, by Substitute

HB 353 Do Pass HB 377 Do Pass, by Substitute

Respectfully submitted, /s/ Graves of the 137th
Chairman

The following Resolutions of the House, referred to the House Rules Subcommittee on Invites, were reported by the Committee on Rules with the following recommendations:

HR 271 Do Pass HR 281 Do Pass

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Representative Smith of the 168th District, 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 522 HB 579 HB 581 HB 583 HB 585 HB 587 HB 588 HB 590

Do Pass Do Pass Do Pass Do Pass, by Substitute Do Pass Do Pass Do Pass Do Pass

HB 595 HB 598 HB 599 HB 601 HB 603 HB 612 HB 615

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Smith of the 168th
Chairman

Representative O'Neal of the 146th 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 House and has instructed me to report the same back to the House with the following recommendations:

HB 116 Do Pass, by Substitute HB 173 Do Pass, by Substitute HB 211 Do Pass

HB 364 Do Pass, by Substitute HB 374 Do Pass HB 389 Do Pass

Respectfully submitted, /s/ O'Neal of the 146th
Chairman

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

HOUSE RULES CALENDAR FRIDAY, FEBRUARY 25, 2005

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1013

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 25th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

HB 381 HB 460 HR 142 SB 48 SB 82

Employees' Retirement; optional retirement allowances; technical corrections Public retirement systems; compliance with Internal Revenue Code; provisions Committee on the Implementation of Textile Agreements; request approval of safeguard petitions Renal Dialysis Advisory Council; revise; dialysis facilities; eliminate certain provisions Financial Institutions; supplement definitions; personnel policies

Modified Open Rule

None

Modified Structured Rule

None

Structured Rule

None

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

Respectfully submitted, /s/ Ehrhart of the 36th
Chairman

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

HB 522. By Representatives Manning of the 32nd, Tumlin of the 38th, Setzler of the 35th, Johnson of the 37th and Ehrhart of the 36th:

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A BILL to be entitled an Act to amend an Act creating the Cobb CountyMarietta 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), so as to amend certain provisions relating to the immunity of the authority; 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.
HB 579. By Representative Cheokas of the 134th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Marion County, approved February 21, 1951 (Ga. L. 1951, p. 2880), as amended, so as to change the compensation of the chairperson and members of the board of commissioners; 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.
HB 581. By Representative Butler of the 18th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Bremen, approved December 30, 1898 (Ga. L. 1898, p. 136), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4406), so as to provide that the Bremen City Board of Education shall have sole authority to set, approve, and amend its budget; to provide taxing authority; to vest title of certain property in the board of education; to provide a joint review committee with the board of education and the board of commissioners; 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.
HB 583. By Representative Mosley of the 178th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Patterson in the County of Pierce, approved April 9, 1981 (Ga. L. 1981, p. 4545), as amended, so as to reduce the number of members of the city council from six to five members; to provide for the time and manner of election of the mayor and council; to provide for the terms of the mayor and

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1015

council; 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 an Act to provide a new charter for the City of Patterson in the County of Pierce, approved April 9, 1981 (Ga. L. 1981, p. 4545), as amended, so as to reduce the number of members of the city council from six to five members; to provide for the time and manner of election of the mayor and council; to provide for the terms of the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act to provide a new charter for the City of Patterson in the County of Pierce, approved April 9, 1981 (Ga. L. 1981, p. 4545), as amended, is amended by striking Sections 2.10 and 2.11 and inserting in lieu thereof new Sections 2.10 and 2.11 to read as follows:
"Section 2.10. Creation; composition; number; election. Until the first organizational meeting of the city council in January 2006, the governing authority of this city shall be composed of a mayor and six council members. On and after the first organizational meeting of the city council in January 2006, the governing authority of this city shall be composed of a mayor and five council members. The mayor and council members shall be elected in the manner provided by Article V of this charter. Section 2.11. Terms and qualifications of office. The mayor and council members shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or council member unless he or she shall have been a resident of the city for a period of at least one year immediately prior to the date of the election of mayor or members of the council and shall continue to reside therein during his or her period of service and shall be registered and qualified to vote in municipal elections of the city."
SECTION 2. Said charter is further amended by striking Sections 5.10, 5.11, 5.12, 5.13, and 5.14 and inserting in lieu thereof new Sections 5.10, 5.11, 5.12, 5.13, and 5.14 to read as follows:
"Section 5.10. Applicability of general law. All elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as now or hereafter amended. Section 5.11. Election of council and mayor. (a) General elections for mayor and members of the council shall be held on the Tuesday after the first Monday in

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November immediately preceding the expiration of the mayor or council members term of office. (b) The term of office of mayor shall be for four years and until a successor is elected and qualified. In order to be elected as mayor, a candidate must receive a majority of the votes cast in such election for the office of mayor. In the event that no candidate receives a majority of the votes cast, there shall be a runoff between the candidates receiving the two highest numbers of votes cast for the office of mayor. (c) The mayor and members of the city council in office on the effective date of this Act shall serve out the terms to which they were elected. It is the intent of the General Assembly through this Act to reduce the number of members of the council from six members to five members by electing only two members of the city council in 2005 instead of three members. Therefore, in the 2005 November general election, an election shall be conducted for the offices of mayor and two council members. In the 2007 November general election, an election shall be conducted for the offices of three remaining council members. The two candidates for the office of member of the city council in the 2005 November general election and every four years thereafter who receive the two highest numbers of votes cast for such office shall be elected to four year terms of office and until their successors are elected and qualified. The three candidates for the office of member of the city council in the 2007 November general election and every four years thereafter who receive the three highest numbers of votes cast for such office shall be elected to four year terms of office and until their successors are elected and qualified. (d) The terms of office of the mayor and council members elected as provided in this section shall begin upon their taking the oath of office, as provided in Section 2.22 of this charter. Section 5.12. Special elections; vacancies. In the event that the office of mayor or council member shall become vacant for any cause whatsoever, the council or those remaining shall order a special election to fill the balance of the unexpired term of such office; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as now or hereafter amended. Section 5.13. Nonpartisan elections. Political parties shall not conduct primaries for city offices, and all names of candidates for city offices shall be listed without party labels. Section 5.14. Other provisions. Except as otherwise provided by this charter, the council shall, by ordinance, prescribe such other rules and regulations as it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as now or hereafter amended."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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1017

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 585. By Representatives Houston of the 170th and Shaw of the 176th:
A BILL to be entitled an Act to create a board of elections and registration for Berrien County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 587. By Representative Roberts of the 154th:
A BILL to be entitled an Act to provide that future elections for the office of chief magistrate of Irwin County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to 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.
HB 588. By Representative Roberts of the 154th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Irwin County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to 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.

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HB 590. By Representatives Fludd of the 66th, Lakly of the 72nd, Abdul-Salaam of the 74th, Jordan of the 77th and Yates of the 73rd:
A BILL to be entitled an Act to provide for a homestead exemption from City of Peachtree City ad valorem taxes for municipal purposes in the amount of $5,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or over and whose income does not exceed $30,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 595. By Representatives Millar of the 79th, Jacobs of the 80th, Drenner of the 86th, Chambers of the 81st, Henson of the 87th and others:
A BILL to be entitled an Act to provide for a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; 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.
HB 598. By Representatives Ray of the 136th and James of the 135th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Peach County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to 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.
HB 599. By Representatives Ray of the 136th and James of the 135th:

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1019

A BILL to be entitled an Act to provide that future elections for the office of chief magistrate of Peach County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to 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.
HB 601. By Representatives Channell of the 116th and Fleming of the 117th:
A BILL to be entitled an Act to amend an Act providing an annual salary for the Wilkes County coroner, approved March 13, 1978 (Ga. L. 1978, p. 3121), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3919), so as to increase the salary of the coroner; 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.
HB 603. By Representative Channell of the 116th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Greensboro, approved March 16, 1978 (Ga. L. 1978, p. 3932), as amended, so as to annex certain property and land into the corporate limits of the City of Greensboro; 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.
HB 612. By Representative Hudson of the 124th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Warren 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.

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HB 615. By Representative McCall of the 30th:

A BILL to be entitled an Act to amend an Act providing for a Board of Commissioners for the County of Elbert, approved February 27, 1875 (Ga. L. 1875, p. 253), as amended, particularly by an Act approved September 5, 1991 (Ga. L. 1991 Ex Sess., p. 370), so as to change provisions relating to the election and powers of the chairperson of the board of commissioners; 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.

On the passage of the Bills, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard E Barnes Y Bearden
Beasley-Teague Benfield Y Benton Y Black Bordeaux Y Borders Y Bridges Y Brooks Brown Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler E Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T

Y Crawford Y Cummings E Davis Y Day
Dean Y Dickson E Dodson E Dollar Y Drenner
Dukes Y Ehrhart Y England Y Epps
Fleming Y Floyd, H Y Floyd, J
Fludd Forster Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D E Graves, T Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree E Henson

Y Holmes Y Holt Y Horne Y Houston
Howard Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Jones, J Y Jones, S Y Jordan E Keen Y Keown E Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning

Maxwell May E McCall E McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall E Ray Reece, B Reece, S Y Reese Y Rice Y Roberts Y Rogers

Sailor Y Scheid Y Scott, A Y Scott, M
Setzler Y Shaw Y Sheldon Y Sims, C
Sims, F Y Sinkfield Y Smith, B Y Smith, L
Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre
Stanley-Turner Y Stephens
Stephenson Y Talton Y Teilhet
Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren
Watson Y Wilkinson Y Willard E Williams, A Y Williams, E
Williams, R Y Wix

FRIDAY, FEBRUARY 25, 2005

1021

Cooper Y Cox

Y Hill, C Y Hill, C.A

Y Marin Y Martin

Y Royal Y Rynders

Y Yates Richardson,
Speaker

On the passage of the Bills, the ayes were 129, nays 0.

The Bills, having received the requisite constitutional majority, were passed.

Representative Hudson of the 124th 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 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 and House:

SB 144. By Senators Mullis of the 53rd, Whitehead, Sr. of the 24th, Schaefer of the 50th and Pearson of the 51st:

A BILL to be entitled an Act to amend Code Section 50-8-150 of the Official Code of Georgia Annotated, relating to the creation of the State Advisory Committee on Rural Development, so as to create the Georgia Rural Development Council; to provide for its duties and responsibilities; to provide for the composition of the council; to provide for membership, officers, and terms of office; to provide for bylaws; to provide for compensation; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 95. By Senators Harp of the 29th, Kemp of the 46th, Stephens of the 27th, Hudgens of the 47th and Seabaugh of the 28th:

A BILL to be entitled an Act to amend Title 43 of the O.C.G.A., 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 administration; 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

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charges of violations; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 146. By Senators Mullis of the 53rd, Pearson of the 51st, Thomas of the 54th, Kemp of the 46th, Hamrick of the 30th and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to change a definition; to change the title of the director; to change certain provisions concerning authorizing the Antiterrorism Task Force to share information and work with other agencies; to amend Code Section 25-233 of the Official Code of Georgia Annotated, relating to release of fire loss information by insurers on request by state official, and Code Section 45-7-7 of the Official Code of Georgia Annotated, relating to compensation and allowances of certain officials not be changed without giving public notice, so as to correct the title of the director of the Georgia Bureau of Investigation; to repeal conflicting laws; and for other purposes.
HB 95. By Representatives Willard of the 49th and Oliver of the 83rd:
A BILL to be entitled an Act to amend the O.C.G.A., 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 O.C.G.A.; to reenact the statutory portion of the O.C.G.A., as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the O.C.G.A.; to repeal portions of the Code and Acts amendatory thereof which have become obsolete; to delete portions of the Code which have been superseded by subsequent state laws; to provide for and to correct citations in the O.C.G.A. and other codes and laws of the state; to rearrange, renumber, and redesignate provisions of the O.C.G.A.; to provide for other matters relating to the O.C.G.A.; to provide effective dates; to repeal conflicting laws; and for other purposes.
HB 321. By Representatives Manning of the 32nd, Ehrhart of the 36th, Cooper of the 41st, Tumlin of the 38th, Johnson of the 37th and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4373), so as to change the provisions relating to the corporate limits of the city; to repeal conflicting laws; and for other purposes.
HB 408. By Representative Channell of the 116th:

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A BILL to be entitled an Act to amend an Act providing for the board of education of Greene County, approved March 12, 1986 (Ga. L. 1986, p. 3696), as amended, so as to increase the compensation of the members and chairperson of the board; to repeal conflicting laws; and for other purposes.
HB 457. By Representatives May of the 111th and Holt of the 112th:
A BILL to be entitled an Act to provide a new charter for the City of Social Circle; 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, mayor pro tempore, and city council and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to repeal conflicting laws; and for other purposes.
HB 481. By Representatives Knight of the 126th and Lunsford of the 110th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Butts County, approved February 24, 1941 (Ga. L. 1941, p. 793), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3833), so as to change the compensation of the members of the board; to provide for certain supplements to such compensation; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 21. By Senators Kemp of the 46th, Grant of the 25th, Tate of the 38th and Hamrick of the 30th:
A RESOLUTION creating the Joint Early Learning Initiative Commission; and for other purposes.
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 34. By Senators Moody of the 56th, Weber of the 40th, Johnson of the 1st, Williams of the 19th, Thomas of the 54th and others:

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A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the O.C.G.A., the "Quality Basic Education Act," so as to provide for legislative findings; to provide for the establishment of the "Georgia Master Teacher Program"; to provide for the establishment of criteria for Master Teacher Certification; to provide for the establishment of rules and regulations by the Professional Standards Commission; to provide for the establishment of the "Academic Coach Program"; to provide for the establishment of rules and regulations by the State Board of Education; to provide for the employment of an academic coach by a public school in accordance with a school improvement plan; to provide for monetary and other incentives for academic coaches; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

SB 95.

By Senators Harp of the 29th, Kemp of the 46th, Stephens of the 27th, Hudgens of the 47th and Seabaugh of the 28th:

A BILL to be entitled an Act to amend Title 43 of the O.C.G.A., 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 administration; 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 provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Regulated Industries.

SB 144. By Senators Mullis of the 53rd, Whitehead, Sr. of the 24th, Schaefer of the 50th and Pearson of the 51st:

A BILL to be entitled an Act to amend Code Section 50-8-150 of the Official Code of Georgia Annotated, relating to the creation of the State Advisory Committee on Rural Development, so as to create the Georgia Rural Development Council; to provide for its duties and responsibilities; to provide for the composition of the council; to provide for membership, officers, and terms of office; to provide for bylaws; to provide for

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compensation; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Governmental Affairs.

SB 146. By Senators Mullis of the 53rd, Pearson of the 51st, Thomas of the 54th, Kemp of the 46th, Hamrick of the 30th and others:

A BILL to be entitled an Act to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to change a definition; to change the title of the director; to change certain provisions concerning authorizing the Antiterrorism Task Force to share information and work with other agencies; to amend Code Section 252-33 of the Official Code of Georgia Annotated, relating to release of fire loss information by insurers on request by state official, and Code Section 45-7-7 of the Official Code of Georgia Annotated, relating to compensation and allowances of certain officials not be changed without giving public notice, so as to correct the title of the director of the Georgia Bureau of Investigation; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary Non-Civil.

SR 21.

By Senators Kemp of the 46th, Grant of the 25th, Tate of the 38th and Hamrick of the 30th:

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

Referred to the Committee on Education.

The following members were recognized during the period of Morning Orders and addressed the House:

Reece of the 11th, Amerson of the 9th, James of the 135th, and Thomas of the 55th.

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

HR 368. By Representatives Jones of the 44th, Beasley-Teague of the 65th, AbdulSalaam of the 74th, Reece of the 11th and Brooks of the 63rd:

A RESOLUTION recognizing the Coalition of Labor Union Women and inviting the Georgia Chapter of the Coalition of Labor Union Women to

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appear before the House of Representatives; and for other purposes.

HR 370. By Representatives Reese of the 98th, Heard of the 104th, Coan of the 101st, Mumford of the 95th, Miller of the 106th and others:

A RESOLUTION recognizing and commending J. Alvin Wilbanks, Gwinnett County Public Schools CEO/Superintendent, and inviting him to appear before the House of Representatives; and for other purposes.

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

HR 271. By Representatives Ray of the 136th and James of the 135th:

A RESOLUTION commending the Georgia Peach Festival and inviting the 2004 Georgia Peach Queens to appear before the House of Representatives; and for other purposes.

HR 281. By Representatives Holmes of the 61st, Thomas of the 55th, Jones of the 44th, Hugley of the 133rd, Randall of the 138th and others:

A RESOLUTION recognizing The Links, Incorporated, and inviting the officers thereof to appear before the House; 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:

HB 381. By Representatives Bridges of the 10th and Cummings of the 16th:

A BILL to be entitled an Act to amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances, so as to make technical corrections of certain conflicting provisions; 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 Abdul-Salaam Y Amerson Y Anderson Y Ashe

Y Crawford Y Cummings Y Davis Y Day

Y Holmes Y Holt Y Horne Y Houston

Y Maxwell Y May E McCall E McClinton

Y Sailor Y Scheid Y Scott, A Y Scott, M

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Y Barnard E Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks
Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns
Butler E Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Dean Y Dickson E Dodson E Dollar
Drenner Y Dukes Y Ehrhart Y England E Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D E Graves, T Y Greene
Hanner Y Harbin Y Hatfield
Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C
Hill, C.A

Y Howard Hudson
Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson
Jones, J Y Jones, S Y Jordan E Keen Y Keown E Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin

Y Meadows Millar
Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall E Ray
Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L E Smith, P Y Smith, R
Smith, T Y Smith, V Y Smyre
Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson
Willard E Williams, A Y Williams, E Y Williams, R Y Wix
Yates Richardson, Speaker

On the passage of the Bill, the ayes were 147, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

Due to a mechanical malfunction, the vote of Representative Reece of the 11th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representatives Heard of the 104th, Hudson of the 124th, and Stanley-Turner of the 53rd 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 460. By Representative Bridges of the 10th:

A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to make

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numerous changes throughout said title to ensure that Georgias public retirement systems are in compliance with the federal Internal Revenue Code and regulations promulgated thereunder; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to make numerous changes throughout said title to ensure that Georgias public retirement systems are in compliance with the federal Internal Revenue Code and regulations promulgated thereunder; 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 Code Section 47-1-61, relating to eligibility of a veteran to establish creditable service and period of qualified service, and inserting in lieu thereof the following:
"47-1-61. Any qualified returning veteran shall be eligible to establish creditable service with his or her retirement system or fund for not more than five years of qualified service by complying with the provisions of this article; provided, however, that such five-year period shall be extended by any period of mandatory service imposed by the uniformed service recognized by paragraph (4) of subsection (C) of Section 4312 of federal Public Law 103-353, the Uniformed Service Employment and Reemployment Rights Act of 1994. Notwithstanding any provisions of the law to the contrary, contributions, benefits, and service credits with respect to qualified uniformed service will be provided under each retirement or pension system in accordance with Section 414(u) of the federal Internal Revenue Code."
SECTION 2. Said title is further amended by inserting at the end of Chapter 1, relating to general provisions, a new article to read as follows:
"ARTICLE 6
47-1-80. Notwithstanding any other provision of this title to the contrary, distributions from any public retirement or pension system shall conform to the regulations issued under Section 401(a)(9) of the federal Internal Revenue Code as applicable to a governmental

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plan within the meaning of Section 414(d) of the federal Internal Revenue Code and shall be implemented in accordance with the grandfathering provisions of such regulations applicable to annuity option distributions in effect on April 17, 2001.
47-1-81. Notwithstanding any other provisions of this title to the contrary that would otherwise limit a persons election under this Code section, a member of a retirement or pension system subject to this title may elect, at the time and in the manner prescribed by the board of trustees of such system, to have any portion of an eligible rollover distribution, as such term is defined in Section 402(c) of the federal Internal Revenue Code, paid directly to an eligible retirement plan, as such term is defined in Section 402(c) of the federal Internal Revenue Code, specified by the person in a direct rollover.
47-1-82. Notwithstanding any other provisions of this title to the contrary, the maximum benefit payable to any active or retired member or beneficiary of a retirement or pension system subject to this title shall be limited to such extent as may be necessary to conform to the requirements of Section 415 of the federal Internal Revenue Code for a qualified retirement plan."
SECTION 3. Said title is further amended by striking in its entirety paragraph (13) of Code Section 472-1, relating to definitions relative to the Employees Retirement System of Georgia, and inserting in lieu thereof the following:
"(13) 'Creditable service' means prior service plus membership service and any other service recognized as creditable service under this chapter."
SECTION 4. Said title is further amended by striking in its entirety paragraph (16) of said Code Section 47-2-1 and inserting in lieu thereof the following:
"(16) 'Employee' means: (A) Any regularly classified worker, elected or appointed officer, or employee of a state agency or any employee of a county, city-county, or city board, which agency or board is under a state merit system of personnel administration, including a merit system for employees of the Department of Public Safety; (B) Any employee or officer of any other department, bureau, board, institution, or commission of the state: (i) Which department, bureau, board, or commission operates under a merit system of personnel administration; (ii) Which department operates under a tenure system as established by law; or (iii) Which department, bureau, board, or commission becomes eligible for inclusion in the retirement system by Act of the General Assembly;

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who receives payment for performance of personal services from the state or any department, bureau, institution, board, or commission of the state or from a county, city-county, or city board and who is employed in a position normally requiring actual performance of duty during not less than nine months of the year. 'Employee' shall not include members of the Teachers Retirement System of Georgia, or members of the Public School Employees Retirement System, any person on the payroll of a third party with whom an employer has contracted for the provision of such persons services, or any person classified by an employer as other than a common law employee for federal tax purposes, even if a court, tribunal, or administrative agency determines that such person is a common law employee and not an independent contractor for federal tax purposes; (C) Any other provisions of law to the contrary notwithstanding, any and all civilians who are employed in or with the Army National Guard of Georgia and the Air National Guard of Georgia shall, upon establishment of a merit system for such civilian employees and upon the approval of the adjutant general, be entitled to the retirement allowances, benefits, and privileges provided by this chapter, notwithstanding that such employees may be paid by federal funds. No credit shall accrue to such civilian employees for any service rendered prior to the effective date of coverage under the retirement system. The adjutant general is authorized to make such arrangements and agreements as may be necessary or proper in order to effect deductions from the salaries or wages of such civilian employees as may be necessary or proper in the administration of the retirement system as to such civilian employees. It is the intent of the General Assembly that such persons be included in this definition only if federal funds are available for payment of employer contributions for such employees and other expenses of participation."
SECTION 5. Said title is further amended by inserting at the end of Code Section 47-2-28, relating to tables, calculations, and schedules for operation of the retirement system, simplified tables for estimation of retirement allowances, and effect on existing rights and benefits, a new subsection to read as follows:
"(c) The regular service retirement allowance payable to a member pursuant to the provisions of this chapter, prior to the application of any minimum benefit formula otherwise provided under this chapter, shall be determined pursuant to the formula adopted from time to time by the board of trustees for such purpose. Such formula shall be uniformly applicable to all members similarly situated. The board of trustees may establish rules and administrative procedures uniformly applicable to all members similarly situated relating to the calculation of such service retirement allowance."
SECTION 6. Said title is further amended by striking in its entirety subsection (a) of Code Section 472-31, relating to investment powers and power to employ agents as investment advisors and to make investments, and inserting in lieu thereof the following:

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"(a) The board of trustees shall be the trustees of the funds and shall have full power to invest and reinvest the assets of the retirement system and to purchase, hold, sell, assign, transfer, and dispose of any securities and other investments in which assets of the retirement system have been invested, any proceeds of any investments, and any money belonging to the retirement system; provided, however, that such power shall be subject to all terms, conditions, limitations, and restrictions imposed by Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law.'"
SECTION 7. Said title is further amended by striking in its entirety Code Section 47-2-55, relating to pension accumulation fund, purposes, employer contributions, normal and accrued liability contribution rates, and crediting of interest and dividends earned on funds of the retirement system, and inserting in lieu thereof the following:
"47-2-55. (a) The pension accumulation fund shall be the fund in which shall be held the reserves for all annuities in force and from which shall be paid all annuities and all benefits in lieu of annuities under this chapter. If a beneficiary is restored to membership, his annuity reserve shall be transferred from the pension accumulation fund to his individual account in the annuity savings fund. The pension accumulation fund shall also be the fund in which are accumulated all reserves for the payment of all pensions and other benefits payable from contributions made by employers and from which are paid all such pensions and other benefits, as follows:.
(1) Employer contributions shall consist of a percentage of the earnable compensation of members, to be known as the 'normal cost contribution,' and an additional percentage of such earnable compensation, to be known as the 'unfunded accrued liability contribution.' These contributions shall be borne by appropriations from state and federal funds. The percentage rate of each portion of the employer contribution shall be fixed on the basis of the liabilities of the retirement system, as shown by actuarial valuation, as provided for in subsection (b) of Code Section 47-226;, subject to the provisions of Code Section 47-20-10. (2) The normal contribution rate shall be determined after each actuarial valuation. Until all accrued liability contributions have been completed, the normal contribution rate shall be based on a uniform and constant percentage of the earnable compensation of the average new entrant member, which percentage, if contributed on the basis of his prospective earnable compensation throughout his entire period of active service, would be sufficient to pay any pension payable on his account. For purposes of computing the normal contribution rate any appropriate tables last adopted by the board of trustees shall be used, and interest shall be computed at the regular rate. After all accrued liability contributions have been completed, the normal contribution rate shall be the rate of the earnable compensation of all members, which rate shall be obtained by deducting from the total liabilities of the pension accumulation fund the amount of the funds in hand standing to the credit of the pension accumulation fund and dividing the difference by an amount equal to 1

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percent of the present value of the prospective future earnable compensation of all members; (3) Immediately following the first actuarial valuation, the accrued liability contribution rate shall be computed as the percentage rate of the total earnable compensation of all members, which rate is equivalent to 4 percent of the total liability of the pension accumulation fund in excess of the funds in hand standing to the credit of the pension accumulation fund, which excess liability would not be discharged by the normal contributions payable with respect to members during the remainder of their active service. The amount placed to the credit of each annual accrued liability contribution account shall be at least 3 percent greater than the amount placed to the credit of each such account in the previous year; and in no event shall all the accrued liability contributions in any year be less than the amount which, when combined with all the normal contributions and the amount of funds in hand standing to the credit of the pension accumulation fund, will provide all payments and transfers from the pension accumulation fund as required by this subsection during the year then current. The accrued liability contribution shall be discontinued as soon as the amount of the funds standing to the credit of the pension accumulation fund equals the present value, as actuarially computed and approved by the board of trustees, of the total liabilities of the pension accumulation fund less the present value of the normal contributions to be made at the normal contribution rate then in force with respect to all persons who are at that time members. (b) All interest and dividends earned on the funds of the retirement system shall be credited to the pension accumulation fund. Once each year the board of trustees shall transfer from the pension accumulation fund to the annuity savings fund such amounts as are sufficient to allow regular interest on the balances of the individual accounts of members in the annuity savings fund."
SECTION 8. Said title is further amended by striking in its entirety Code Section 47-2-57, relating to certification of normal and unfunded accrued liability contribution rates to employers and provision in employers budget for employer contributions, and inserting in lieu thereof the following:
"47-2-57. On or before June 1 of each year, the normal cost and unfunded accrued liability contribution rates, as determined on the basis of the last actuarial valuation, shall be certified by the board of trustees to the director or chief administrative officer of each employer having members in its employ. Each such employer shall make provision in its annual budget for funds with which to pay to the board of trustees an amount equal to the normal cost contributions and the unfunded accrued liability contributions on the earnable compensation of all contributing members under their administration and for an additional amount as expense for the operation of the retirement system."
SECTION 9.

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Said title is further amended by striking in its entirety paragraph (6) of Code Section 473-1, relating to definitions relative to the Teachers Retirement System of Georgia, and inserting in lieu thereof the following:
"(6) 'Average final compensation' means the average annual earnable compensation of a teacher during the last five years of creditable service or, if he has had less than five years of creditable service, his average annual earnable compensation during his total creditable service two consecutive years of membership service producing the highest such average."
SECTION 10. Said title is further amended by striking in its entirety paragraph (10) of said Code Section 47-3-1 and inserting in lieu thereof the following:
"(10) 'Creditable service' means prior service plus membership service and any other service established under this chapter."
SECTION 11. Said title is further amended by inserting immediately following paragraph (25) of said Code Section 47-3-1 the following:
"(25.1) 'Salary' shall have the same meaning as earnable compensation."
SECTION 12. Said title is further amended by striking in its entirety subsection (a) of Code Section 473-41, relating to the annuity savings fund generally, and inserting in lieu thereof the following:
"(a) The annuity savings fund shall be the fund in which shall be accumulated the contributions deducted from the compensation of members to provide for their annuities. Contributions to and payments from the annuity savings fund shall be made as follows:
(1) After the commencement date, each employer shall cause to be deducted from the salary of each member for each and every payroll period a percentage of the members earnable compensation as determined by the board of trustees which shall be not less than 5 nor more than 6 percent; but no such deduction shall be made from the compensation of a member after the close of the school, fiscal, or contract year in which the member has attained age 65 and has completed 40 or more years of creditable service. In determining the amount earnable by a member in a payroll period, the employer may consider the annual rate of compensation payable to such member on the first day of the payroll period as continuing throughout such payroll period. The employer may omit the deduction from compensation for any period which is less than a full payroll period, if a teacher was not a member on the first day of the payroll period. In order to facilitate the making of deductions, the employer may modify the deductions required of any member by an amount not to exceed onetenth of 1 percent of the annual compensation, on the basis of which such deductions are to be made. Each employer shall immediately pay the amount deducted to the

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board of trustees, in such manner as the board of trustees shall prescribe, which amount shall be credited by the board of trustees to the individual accounts in the annuity savings fund of the member from whose compensation the deductions were made. Beginning July 1, 1987, the employee contributions required under this paragraph shall be paid as provided in Code Section 47-3-41.1; (2) Notwithstanding any other provisions of this subsection, at the close of any school, fiscal, or contract year in which a member has completed 40 or more years of creditable service, such member may elect in writing to cease making contributions to the retirement system. If such election is made, such teacher shall notify his employer and the board of trustees in such manner as the board of trustees shall prescribe. After giving the required notice, the employer shall not thereafter deduct, and the employee shall not thereafter be allowed to make, contributions to the retirement system from the salary or compensation of such member; (3) Any other provision of this or any other law to the contrary notwithstanding, a member who has attained age 65 and who has completed 40 or more years of creditable service may elect to continue to make contributions to the retirement system during such continuous period of time as the member continues in service. He shall notify his employer and the board of trustees of such election in such manner as the board of trustees shall provide. Any member who has discontinued making contributions to the retirement system because he has attained age 65 and has 40 years of creditable service and who has continued in service may remit contributions to the board of trustees at the rate required by law and under terms and regulations prescribed by the board of trustees on all earnable compensation received by the member since deductions were discontinued. Contributions made under this paragraph shall entitle the member to creditable service for such period, but only for the purpose of determining average compensation over the highest consecutive years, used in the calculations of the retirement benefits of such member; and (4) Employer deductions shall be made, notwithstanding that the minimum compensation provided for by law for any member shall be reduced thereby. Every member shall be deemed to consent and agree to the deductions and payment of salary or compensation, less such deductions, shall be a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by such person during the period covered by such payment, except as to the benefits under this chapter; (5) In addition to the contributions deducted from the compensation of members under paragraphs (1) and (3) of this subsection, any member, subject to the approval of the board of trustees and such conditions as the board of trustees may prescribe, (A) may redeposit in the annuity savings fund by means of a single payment or by an increased rate of contribution an amount equal to the total amount previously withdrawn from that fund or any part of such amount or (B) may deposit in that fund by means of a single payment or by an increased rate of contribution an amount computed to be sufficient to purchase an additional annuity which, together with his prospective retirement allowance, will provide for him a total retirement allowance of

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not more than one-half of his average final compensation at retirement, but not exceeding the retirement allowance otherwise payable to him on retirement at age 65. Such additional amounts so deposited shall become a part of his accumulated contributions, provided that upon retirement such amounts shall be treated as excess contributions returnable to the member as an annuity of equivalent actuarial value and shall not be considered in computing the pension."
SECTION 13. Said title is further amended by striking in its entirety Code Section 47-3-43, relating to the pension accumulation fund generally, and inserting in lieu thereof the following:
"47-3-43. The pension accumulation fund shall be the fund in which shall be held the reserves on all annuities in force and from which shall be paid all annuities and all benefits in lieu of annuities under this chapter. If a beneficiary is restored to membership, his annuity reserve shall be transferred from the pension accumulation fund to the annuity savings fund and credited to his individual account therein. The pension accumulation fund shall also be the fund in which shall be accumulated all reserves for the payment of all pensions and other benefits payable from contributions made by employers and from which shall be paid all such pensions and other benefits, as follows:
(1) The contribution of employers of members shall consist of a percentage of the earnable compensation of members to be known as the normal cost contribution and an additional percentage of such earnable compensation to be known as the unfunded accrued liability contribution. The rate of such contribution shall be fixed on the basis of the liabilities of the retirement system as shown by actuarial valuation, as provided for in Code Section 47-3-23, subject to the provisions of Code Section 47-20-10; (2) The normal contribution rate shall be determined after each actuarial valuation. Until all accrued liability contributions have been completed, the normal contribution rate shall be determined on the basis of regular interest and the tables last adopted by the board of trustees, as the uniform and constant percentage of the earnable compensation of the average new entrant member which, if contributed on the basis of his prospective earnable compensation throughout his entire period of active service, would be sufficient to provide for the payment of any pension payable on his account. After all accrued liability contributions have been completed, the normal contribution rate shall be the rate of the earnable compensation of all members obtained by deducting from the total liabilities of the pension accumulation fund the amount of the funds in hand standing to the credit of the pension accumulation fund, and dividing the remainder by 1 percent of the present value of the prospective future earnable compensation of all members; (3) Immediately following the actuarial valuation of June 30, 1961, the percentage accrued liability contribution rate shall be computed as the rate of the total earnable compensation of all members which is equivalent to 4 percent of the total liability of the pension accumulation fund in excess of the funds in hand standing to the credit of the pension accumulation fund and which is not dischargeable by the normal

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contributions payable in respect to members on that date, during the remainder of their active service. Thereafter, the amount of funds for the credit of each annual accrued liability contribution account shall be at least 3 percent greater than the amount placed to the credit of the accrued liability contribution account in the previous year, on the basis of the rate determined as of June 30, 1961; and in no event shall the accrued liability contribution in any year be less than the amount which, when combined with the normal contributions and the amount of funds in hand standing to the credit of the pension accumulation fund, will provide all payments and transfers from the pension accumulation fund as required by this Code section during the year then current. The accrued liability contribution shall be discontinued as soon as the amount of the funds standing to the credit of the pension accumulation fund equals the present value, as actuarially computed, and approved by the board of trustees, of the total liabilities of the pension accumulation fund less the present value of the normal contributions to be made at the normal contribution rate then in force in respect to all persons who are members at that time; (4)(2) The states share of employer contributions, which is to be borne by appropriation from the state, payable to the board of trustees, shall consist of the normal cost and unfunded accrued liability contributions based on the part of the earnable compensation of members payable from funds of the Board of Regents of the University System of Georgia or other funds of the state, but excluding any appropriations made to the State Board of Education, at the rates determined under this Code section. The balance of the cost for pensions, consisting of the normal cost and unfunded accrued liability contributions at the rates determined under this Code section, shall be borne by the employers having contributing members in their employ, including local units of administration for all members in their employ; and each such employer shall pay, from any funds available to such employer expressly including funds derived from the state under Article 6 of Chapter 2 of Title 20, the 'Quality Basic Education Act,' such contributions to the board of trustees, immediately upon coming due, which contributions shall be credited to the pension accumulation fund; and (5)(3) The compensation of a member referred to in this Code section shall include any compensation derived from grants and contracts made by outside agencies with an employer. Such compensation is subject to the employer contribution rate. The outside agencies supplying the grants or entering into the contracts shall pay the applicable employer contributions rate to the employer, who shall pay such contribution to the board of trustees."
SECTION 14. Said title is further amended by striking in its entirety Code Section 47-3-45, relating to obligations of the pension accumulation fund and permissible uses of the assets of the pension accumulation fund and of income, interest, and dividends, and inserting in lieu thereof the following:
"47-3-45.

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The maintenance of annuity reserves and pension reserves of the retirement system, the crediting of regular interest to the annuity savings fund, and the payment of all pensions, annuities, retirement allowances, refunds, and other benefits granted under this chapter shall be obligations of the pension accumulation fund, provided the payments of such other benefit do not adversely affect the qualified status of the retirement system under Section 401(a) of the federal Internal Revenue Code. All assets of the pension accumulation fund and all income, interest, and dividends derived from deposits and investments shall be used for the payment of such obligations and for no other purpose."
SECTION 15. Said title is further amended by striking in its entirety Code Section 47-3-128, relating to payment of accumulated contributions upon request after termination of membership and payment of taxable portion to eligible retirement plan, and inserting in lieu thereof the following:
"47-3-128. If a persons membership ceases other than by death or retirement from this retirement system, the amount of his or her accumulated contributions to this retirement system shall be payable to the member upon such persons request after the date the person has terminated employment with a school system, institution of higher learning, or agency covered by this retirement system. The board of trustees may shall allow a person requesting such payment of accumulated contributions to elect to have the taxable portion of such payment made directly to an eligible retirement plan as defined in the federal Internal Revenue Code."
SECTION 16. Said title is further amended by striking in its entirety paragraph (20) of Code Section 474-1, relating to definitions relative to the Public School Employees Retirement System, and inserting in lieu thereof the following:
"(20) 'Public school employee' or 'employee' means all those employees of public schools including postsecondary vocational-technical schools governed by the Department of Technical and Adult Education who are not eligible for membership in the Teachers Retirement System of Georgia or the Employees Retirement System of Georgia. The term specifically includes, but is not limited to, school bus drivers, school lunchroom personnel, school maintenance personnel, and school custodial personnel. The term does not include teachers or any school personnel who are now, or may hereafter become, covered by the Teachers Retirement System of Georgia or the Employees Retirement System of Georgia, any person on the payroll of a third party with whom an employer has contracted for the provision of such persons services, or any person classified by an employer as other than a common law employee for federal tax purposes, even if a court or administrative agency determines that such person is a common law employee and not an independent contractor for federal tax purposes. Certain public school employees, as defined in

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this paragraph, shall have the option to become members of the Teachers Retirement System of Georgia in accordance with subsection (d) of Code Section 47-4-40 or to become members of the Employees Retirement System of Georgia in accordance with subsection (e) of Code Section 47-4-40, and except as provided by such subsections, any public school employee becoming a member of the Teachers Retirement System of Georgia or the Employees Retirement System of Georgia shall cease to be a member of the retirement system created by this chapter."
SECTION 17. Said title is further amended by striking in its entirety subsection (a) of Code Section 474-26, relating to the power of the board of trustees of the Public School Employees Retirement System over funds, special account for deposit of funds and payment of benefits and expenses, investment powers, and power to employ agents, and inserting in lieu thereof the following:
"(a) The board shall be the trustees of the funds and shall have control of the funds provided for in this chapter and all funds received by the board shall be deposited in a special account to the credit of the Public School Employees Retirement Fund. The benefits under this chapter and all administrative expenses shall be paid from this special account. The board shall have authority to expend the funds in accordance with this chapter. "
SECTION 18. Said title is further amended by striking in its entirety subsection (a) of Code Section 476-24, relating to members account, accumulation account, and crediting of interest and dividends, and inserting in lieu thereof the following:
"(a) All of the assets of the system shall be credited, according to the purpose for which they are held, to either the members account or the accumulation account. The benefits under this chapter and all administrative expenses shall be paid from such accounts."
SECTION 19. Said title is further amended by striking in its entirety subsection (a) of Code Section 476-42, relating to election as to coverage, required coverage under the Georgia Legislative Retirement System, state contributions, and preservation of rights and privileges, and inserting in lieu thereof the following:
"(a) Any other provisions of this or any other law to the contrary notwithstanding, each member of the General Assembly serving as such on April 13, 1979, may elect to withdraw as a member of the Employees Retirement System of Georgia and become a member of the Georgia Legislative Retirement System or may elect not to be a member of either system. Such election must be made prior to January 12, 1981, and once made shall be irrevocable as long as such person is a member of the General Assembly. The Board of Trustees of the Employees Retirement System of Georgia is authorized to promulgate rules and regulations to carry out this Code section, including, but not

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limited to, providing for refunds for members who elect not to be members of either system and providing for the transferral transferal of legislators accounts from the Employees Retirement System of Georgia, the transferral transferal of service credits, and such other transferrals transferals as the Board of Trustees of the Employees Retirement System of Georgia shall deem necessary to carry out the intention and provisions of this Code section."
SECTION 20. Said title is further amended by striking in its entirety subsection (b) of Code Section 476-81, relating to optional retirement allowances, and inserting in lieu thereof the following:
"(b) Any other provisions of this Code section or of this chapter to the contrary notwithstanding, the board of trustees may, by rule or regulation, require that when a member or a retired member dies and the beneficiary is a person other than the surviving spouse of the member, the benefits payable to the beneficiary shall be paid to the beneficiary within a definite time period immediately following the death of the member or retired member. For purposes of this Code section, the term 'equivalent actuarial value' means a benefit of equivalent value when computed upon the basis of the mortality tables and rates of interest adopted for such purpose by the board of trustees."
SECTION 21. Said title is further amended by striking in its entirety Code Section 47-6-82, relating to the manner in which retirement allowances are to be paid and termination of payments upon death, and inserting in lieu thereof the following:
"47-6-82. All retirement allowances shall be paid in monthly installments and shall cease with the month in which the death of the beneficiary occurs, except as otherwise provided in Code Section 47-6-81."
SECTION 22. Said title is further amended by striking in its entirety paragraph (9) of Code Section 4720-3, relating to definitions relative to public retirement systems standards, and inserting in lieu thereof the following:
"(9) 'Actuary' means an actuary who is enrolled under Subtitle C of Title III of the federal Employee Retirement Income Security Act of 1974, P.L. 93-406, or an associate of the Society of Actuaries."
SECTION 23. Said title is further amended by striking in their entirety paragraphs (10) and (10.1) of said Code Section 47-20-3, and inserting in lieu thereof the following:
"(10) 'Amortization contribution' means the excess in total employer and employee contributions over normal cost.

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(10.1) 'Annual required contribution' means the annual required contribution determined in accordance with the requirements of Governmental Accounting Standards Board Statements No. 25 and No. 27 or any subsequent applicable Governmental Accounting Standards Board statements."
SECTION 24. Said title is further amended by striking in its entirety paragraph (19.1) of said Code Section 47-20-3 and inserting in lieu thereof the following:
"(19.1) 'Negative unfunded actuarial accrued liability' means for any actuarial valuation the excess of actuarial value of assets over the actual actuarial accrued liability of a retirement system under an actuarial cost method utilized by the retirement system for funding purposes."
SECTION 25. Said title is further amended by inserting immediately following paragraph (20) of said Code Section 47-20-3 the following:
"(20.1) 'Normal cost contribution' means the contribution for the portion of the actuarial present value of a retirement systems benefits and expenses which is allocated to a valuation year by the actuarial cost method used for the retirement system."
SECTION 26. Said title is further amended by inserting immediately following paragraph (24) of said Code Section 47-20-3 a new paragraph to read as follows:
"(24.1) 'Unfunded accrued liability contribution' means the difference between the total employer and employee contribution and the normal cost contribution."
SECTION 27. Said title is further amended by striking in its entirety subsection (b) of Code Section 4720-10, relating to minimum annual employer contribution, and inserting in lieu thereof the following:
"(b) In the case of a retirement system which uses a formula related to the compensation of the members of the retirement system as a basis for the calculation of benefits under the retirement system, the amortization amounts required by subsection (a) of this Code section, except for the amount determined under paragraph (3) of subsection (a) of this Code section, may be determined as a level percentage of future compensation. If such level percentage amortization is used, the actuarial assumption for future annual payroll growth shall not exceed the actuarial assumed valuation interest rate of the retirement system less 2 percent. The minimum standards provided by subsection (a) of this Code section are deemed to have been met if such level percentage amortization is used and the employer contribution is equal to or greater than the annual required contribution as is determined in accordance with the

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provisions of Governmental Accounting Standards Board Statements No. 25 and No. 27."
SECTION 28. Said title is further amended by striking in its entirety Code Section 47-22-4, relating to administration and operation of the plan, actuarial and other services, rate of interest, adoption of plan document, records, payment of employees and expenses, and investment, and inserting in lieu thereof the following:
"47-22-4. (a) The general administration and responsibility for the proper operation of the plan and for putting this chapter into effect are vested in the board. (b) The board shall engage such actuarial and other services as shall be required to transact the business of the plan. (c) The board shall designate an actuary who shall be the technical advisor adviser of the board on matters regarding the operation of the plan and shall perform such other duties as are required in connection therewith. (d) At least once in each five-year period following the date of establishment, the actuary shall make an actuarial investigation into the mortality experience of the members and beneficiaries of the plan and shall make a valuation of the contingent assets and liabilities of the plan. The board, after taking into account the results of such investigation and valuation, shall adopt for the plan such mortality, service, and other tables as shall be deemed necessary. (e) The board shall determine, from time to time, the rate of regular interest for use in all calculation of benefit payments made pursuant to Code Section 47-22-11. (f)(d) Subject to the limitations of this chapter, the board shall, from time to time, adopt the plan document and establish rules and regulations for the administration of the plan and for the transaction of business. (g)(e) The board shall keep a record of all of its proceedings under this chapter, which record shall be open to the public. (h)(f) All persons employed by the board and the expenses of the board in furtherance of this chapter shall be paid from funds appropriated to the plan until such time as the board determines that the return on investments is sufficient to cover such costs. (i)(g) The board may combine the moneys subject to this chapter with other moneys under the control of the board for purposes of investment, provided that a separate accounting is maintained for all moneys subject to this chapter."
SECTION 29. Said title is further amended by striking in its entirety Code Section 47-22-11, relating to retirement and option to receive a periodic payment, and inserting in lieu thereof the following:
"47-22-11.

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Any member shall be entitled to retire upon attaining the age of 65. Such member shall have the option to receive a periodic payment based upon mortality tables and interest assumptions as adopted as permitted by the board."
SECTION 30. Said title is further amended by striking in its entirety Code Section 47-23-1, relating to definitions relative to the Georgia Judicial Retirement System, and inserting in lieu thereof the following:
"47-23-1. As used in this chapter, the term:
(1) 'Average annual earnable monthly compensation' means the average annual earnable monthly compensation of a member during the 24 consecutive months of creditable service producing the highest such average. (2) 'Beneficiary' means any person other than a retired member of a retirement system who is receiving a benefit from that retirement system. (3) 'Board' means the Board of Trustees of the Georgia Judicial Retirement System. (4) 'County pension or retirement fund' means only those certain pension and retirement funds provided for by local Acts applicable to certain named counties. (5) 'Covered position' means an employment position eligible for membership under this chapter. (6) 'Creditable service' means prior service and membership service for which credit is allowable under this chapter, but in no case shall more than one year of service be creditable for all service in one calendar year, nor shall it include any service which has been or may be credited to a member by any other public retirement system of this state. (6)(7) 'District attorney' means any district attorney holding office on July 1, 1998, and any district attorney taking office on or after July 1, 1998, except that the term district attorney shall not include any district attorney:
(A) Who was serving as a district attorney on June 30, 1998, and who was not a member of the District Attorneys Retirement System; or (B) Who is a member of any other publicly supported retirement or pension system or fund created by any law of this state, if the retirement or pension benefits under such other publicly supported retirement or pension system or fund are based wholly or partially on the compensation payable to the district attorney from state funds. (7)(8) 'District Attorneys Retirement System' means that retirement system created by Chapter 13 of this title as such chapter existed prior to July 1, 1998. (8)(9) 'Earnable monthly compensation' means the full rate of regular monthly compensation payable to a member employee for his or her full working time, excluding any local supplements. (10) 'Fund' means the Georgia Judicial Retirement System Fund provided for by Code Section 47-23-22. The fund shall include, but is not limited to, a pension accumulation fund in which the benefits described in Article 6 of this chapter will be

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held and an employee contribution accumulation fund in which the contributions described in Article 5 of this chapter will be held. (9)(11) 'Judge, solicitor, or solicitor-general of a state court' means a person elected or appointed to such office for a specific term. Such term shall not include any person acting as a judge or solicitor of a state court on a temporary basis or serving as judge or solicitor-general pro tempore of a state court. (10)(12) 'Juvenile court judge' means a juvenile court judge now or hereafter appointed or otherwise holding office pursuant to Code Section 15-11-18 relative to the creation of juvenile courts, except judges of the superior courts sitting as juvenile court judges and juvenile court judges who are members of local retirement or pension systems created by local law. (11)(13) 'Predecessor retirement system' means the District Attorneys Retirement System, the Superior Court Judges Retirement System, and the Trial Judges and Solicitors Retirement Fund, collectively or individually. (12)(14) 'Regular interest' means interest at such rate as shall be determined by the board of trustees, which interest shall be compounded annually. (13)(15) 'Retirement system' means the Georgia Judicial Retirement System. (14)(16) 'State court' means any court created pursuant to the provisions of Chapter 7 of Title 15 or any court continued as a state court by Article VI, Section X of the Constitution of the State of Georgia; provided, however, that such term shall include the State Court of Fulton County subject to the provisions of Code Section 47-23-50. (15)(17) 'Superior Court Judges Retirement System' means that retirement system created by Chapter 9 of this title as such chapter existed prior to July 1, 1998. (16)(18) 'Trial Judges and Solicitors Retirement Fund' means that retirement fund created by Chapter 10 of this title as such chapter existed prior to July 1, 1998."
SECTION 31. Said title is further amended by striking in its entirety subsection (a) of Code Section 4723-22, relating to control of funds and investment, and inserting in lieu thereof the following:
"(a) The board shall be the trustees of the funds and shall have control of the funds provided for in this chapter and all funds received by the board shall be deposited into the Georgia Judicial Retirement System Fund. The benefits provided for in this chapter and all administrative expenses shall be paid from such fund. The board shall have authority to expend the funds in accordance with this chapter."
SECTION 32. Said title is further amended by striking in its entirety subsection (d) of Code Section 4723-29, relating to survivors benefits and group term life insurance, and inserting in lieu thereof the following:
"(d) Contributions for survivors benefits shall be provided for and administered in the following manner:

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(1) After notice from the board of trustees, each employer shall cause to be deducted from the earnable monthly compensation of each member during every payroll period the additional amount established by the board of trustees, but such amount shall not exceed one-half of 1 percent of the members earnable monthly compensation. Such deductions shall be made under the same conditions as set forth in paragraph (2) of subsection (a) of Code Section 47-3-41; and (2) There is authorized an employer payment to the fund which shall be a percentage of the earnable monthly compensation of the members of the retirement system. The board of trustees shall establish the rate of such payment, but in no case shall such rate, when added to the members contributions, exceed 1 percent. Funds for employer payment shall be requested in the same manner as provided in Article 5 of this chapter."
SECTION 33. Said title is further amended by striking in its entirety Code Section 47-23-80, relating to contributions by superior court judges and district attorneys and employer contributions, and inserting in lieu thereof the following:
"47-23-80. (a) The provisions of this Code section shall be applicable to judges of the superior courts and district attorneys. The amount of employee contributions to the fund by superior court judges shall be 7 percent of the salaries earnable monthly compensation from state funds provided by law for judges of the superior courts. The amount of employee contributions to the fund by district attorneys shall be 7 percent of the salaries earnable monthly compensation from state funds provided by law for district attorneys. The Department of Administrative Services is authorized to deduct 7 percent monthly from the salary earnable monthly compensation of each judge of the superior courts and each district attorney who is a member of the retirement system to cover the employee contributions to the fund. The Department of Administrative Services is also authorized to make an additional deduction from such salaries earnable monthly compensation to cover any required employee tax for social security coverage. The Department of Administrative Services is authorized and directed to pay, from the funds appropriated or otherwise available for the operation of the superior courts of the state, any required employer contribution for social security coverage on such judges and district attorneys. From funds appropriated or otherwise available for the operation of superior courts, the Department of Administrative Services is authorized and directed to pay into the fund the employer contributions, including contributions to fund any creditable service authorized by this chapter, which, together with employee contributions and the earnings of the fund, shall be an amount sufficient to fund the service and disability retirement benefits and the spouses benefits under this chapter. (b) The deductions from state salaries earnable monthly compensation and allowances payable to judges of the superior courts and district attorneys shall be made, notwithstanding that the compensation and allowances fixed by law for such judges and district attorneys shall be reduced thereby. Such judges and district attorneys shall be

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deemed to consent and agree to the deductions made; and payment of the salary and compensation earnable monthly compensation and allowances, less such deductions, shall be a full and complete discharge of all claims and demands whatsoever for the services rendered by such judges and district attorneys during the period covered by such payment. (c) The employer shall pay to the retirement system on each and every payroll period employee contributions on behalf of and to the credit of each judge and district attorney in an amount equal to the amount which would be paid to the annuity savings fund pursuant to Code Section 47-2-54 if the judge or district attorney were a member of the Employees Retirement System of Georgia. Such members shall continue to have deducted from their state salaries earnable monthly compensation the additional amount of employee contributions required by this chapter. Such monthly contributions made by the employer on behalf of a member shall be included in the computation of the members state salary earnable monthly compensation for purposes of computing retirement benefits. (d) All members shall retain, have, and be subject to all other rights, privileges, obligations, and duties otherwise provided for in this chapter; and all such other provisions shall remain of full force and effect with respect to any matter not specifically provided for in subsection (c) of this Code section."
SECTION 34. Said title is further amended by striking in its entirety Code Section 47-23-81, relating to contributions by judges and solicitors-general of the state courts, employer contributions, and required reports, and inserting in lieu thereof the following:
"47-23-81. (a) The provisions of this Code section shall be applicable to judges and solicitorsgeneral of state courts. The basis for employer and employee contributions to the fund with respect to a judge or solicitor-general of a state court shall be the actual salary earnable monthly compensation received as such judge or solicitor-general; provided, however, that for members who become members after July 1, 1998, such amount shall not exceed the salary earnable monthly compensation from state funds provided by law for superior court judges.
(b)(1) The employee contributions with respect to judges and solicitors-general of state courts who are compensated by salaries earnable monthly compensation paid by the employing units which pay the costs of the operation of such courts shall be 7 percent of the amount of such salaries earnable monthly compensation. A person to be designated by each such employing unit shall report the amount of such salaries earnable monthly compensation to the board by not later than the fifteenth day of each calendar month. The employing units are authorized to pay any portion of the employee contribution and to deduct employee contributions from the salaries earnable monthly compensation of such judges and solicitors-general and to pay the contributions into the fund. An employing unit which so elects to pay any portion of the employee contribution shall apply such provisions on behalf of all state court

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judges and solicitors-general employed by such employing unit now or in the future, and such provisions shall apply only to the earnable monthly compensation earned by the employing units state court judges and solicitors-general after the effective date of the election by such employing unit to pay such members employee contributions. Such contributions shall be forwarded to the board at the same time the report of the salaries earnable monthly compensation of such judges and solicitors-general is forwarded. The employing units are also authorized to make an additional deduction from such salaries earnable monthly compensation to cover any required employer employee tax for social security coverage. The deduction from the salaries earnable monthly compensation payable to such judges and solicitors-general of state courts shall be made, notwithstanding that such salaries earnable monthly compensation fixed by law for such judges and solicitors-general are is reduced thereby. Such judges and solicitors-general shall be deemed to consent and agree to the deductions made; and payment of such salaries earnable monthly compensation, less such deductions, shall be a full and complete discharge of all claims and demands whatsoever for the services rendered by such judges and solicitors-general during the period covered by such payment. (2) From funds appropriated or otherwise available for the operation of superior courts, the Department of Administrative Services is authorized and directed to pay into the fund provided for by this chapter monthly employer contributions, including contributions to fund any creditable service authorized by this chapter. Such amounts are to be determined by the board and, together with employee contributions and the earnings of the fund, shall be an amount sufficient to fund the service and disability retirement benefits under this chapter. The Department of Administrative Services is authorized and directed to pay from the funds appropriated or otherwise available for the operation of the superior courts of the state any required employer contribution for social security coverage on such members. (c) It shall be the duty of each employing unit affected by this chapter to designate a responsible person to submit the reports and forward the employee contributions set forth in this Code section. It shall be the duty of the person so designated to comply with this Code section. If the required reports and employee contributions are not forwarded to the board or if duplicate copies of the reports are not directed to the Office of Treasury and Fiscal Services, in accordance with this Code section, as appropriate, the Office of Treasury and Fiscal Services is authorized to withhold any state payments payable to the governmental unit failing to forward such reports and employee contributions until such time as such reports and contributions have been received. (d) All members shall retain, have, and be subject to all other rights, privileges, obligations, and duties otherwise provided for in this chapter; and all such other provisions shall remain of full force and effect with respect to any matter not specifically provided for in subsection (c) of this Code section."
SECTION 35. Said title is further amended by striking in its entirety Code Section 47-23-82, relating to

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contributions by juvenile court judges, employer contributions, and required reports, and inserting in lieu thereof the following:
"47-23-82. (a) The provisions of this Code section shall be applicable to juvenile court judges. The basis for employer and employee contributions to the fund with respect to juvenile court judges shall be the salary earnable monthly compensation paid to such judges by the employing units paying the cost of the operation of the juvenile courts, unless such salary earnable monthly compensation exceeds the state salary earnable monthly compensation paid to superior court judges, as now or hereafter fixed by law, in which event the basis for such employer and employee contributions shall be the same as the state earnable monthly compensation paid to judges of the superior courts.
(b)(1) The employee contributions with respect to juvenile court judges who are compensated by salaries earnable monthly compensation paid by the employing units which pay the costs of the operation of such courts shall be 7 percent of the amount of such salaries earnable monthly compensation. A person to be designated by each such employing unit shall report the amount of such salaries earnable monthly compensation to the board by not later than the fifteenth day of each calendar month. The employing units are authorized, but not required, to pay any portion of the employee contribution on behalf of the member and to deduct such employee contributions from the salaries earnable monthly compensation of such juvenile court judges and to pay the contributions into the fund. An employing unit which so elects to pay any portion of the employee contribution shall apply such provisions on behalf of all juvenile court judges employed by such employing unit now or in the future, and such provisions shall apply only to the earnable monthly compensation earned by the employing units juvenile court judges after the effective date of the election by such employing unit to pay such members employee contributions. Such contributions shall be forwarded to the board at the same time the report of the salaries earnable monthly compensation of such juvenile court judges is forwarded. The employing unit is also authorized to make an additional deduction from such salaries earnable monthly compensation to cover any required employee tax for social security coverage. The deduction from the salaries earnable monthly compensation payable to such juvenile court judges shall be made, notwithstanding that such salaries earnable monthly compensation fixed by law for such juvenile court judges are is reduced thereby. Such juvenile court judges shall be deemed to consent and agree to the deductions made; and payment of such salaries earnable monthly compensation, less such deductions, shall be a full and complete discharge of all claims and demands whatsoever for the services rendered by such juvenile court judges during the period covered by such payment. (2) From funds appropriated or otherwise available for the operation of superior courts, the Department of Administrative Services is authorized and directed to pay into the fund provided for by this chapter monthly employer contributions, including contributions to fund any creditable service authorized by this chapter. Such amounts are to be determined by the board and, together with employee contributions and the

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earnings of the fund, shall be an amount sufficient to fund the service and disability retirement benefits under this chapter. (c) It shall be the duty of each employing unit affected by this chapter to designate a responsible person to submit the reports and forward the employee contributions set forth in this Code section. It shall be the duty of the person so designated to comply with this Code section. If the required reports and employee contributions are not forwarded to the board or if duplicate copies of the reports are not directed to the Office of Treasury and Fiscal Services, in accordance with this Code section, as appropriate, the Office of Treasury and Fiscal Services is authorized to withhold any state payments payable to the governmental unit failing to forward such reports and employee contributions until such time as such reports and contributions have been received. (d) All members shall retain, have, and be subject to all other rights, privileges, obligations, and duties otherwise provided for in this chapter; and all such other provisions shall remain of full force and effect with respect to any matter not specifically provided for in subsection (c) of this Code section."
SECTION 36. Said title is further amended by striking in tits entirety Code Section 47-23-100, relating to a definition of salary, and inserting in lieu thereof the following:
"47-23-100. (a) As used in this article, the term 'salary' means:
(1) For superior court judges, the salaries earnable monthly compensation from state funds provided by law for judges of the superior courts on the date the member begins receiving a retirement benefit; (2) For district attorneys, the salaries earnable monthly compensation from state funds provided by law for district attorneys on the date the member begins receiving a retirement benefit; (3) For judges and solicitors-general of state courts, the average annual earnable monthly compensation received as such judge or solicitor-general; provided, however, that for members who become members after July 1, 1998, such amount shall not exceed the salary from state funds provided by law for superior court judges; and (4) For juvenile court judges, the average earnable monthly compensation received as such juvenile judge; provided, however, that for members who become members after July 1, 1998, such amount shall not exceed the salary from state funds provided by law for superior court judges. (b) The monthly employee contributions made by the employer on behalf of the member under Code Sections 47-23-80, 47-23-81, and 47-23-82 shall be used in the computation of the members salary for the computation of the members retirement benefits. (c) Notwithstanding any provision of this chapter to the contrary, a members salary shall be subject to limitations set forth in Code Section 47-1-13."
SECTION 37.

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Said title is further amended by striking in its entirety subsection (a) of Code Section 4723-103, relating to retirement based on age and application to retire, and inserting in lieu thereof the following:
"(a) In lieu of retirement at the benefit level provided by Code Section 47-23-102, a member may retire at any time after attaining the age of 60 years and after obtaining a minimum of ten years of creditable service. The monthly retirement benefit for such early retirement shall be a percentage of the benefit under Code Section 47-23-100 4723-102, and such percentage shall be the proportion which the number of years of creditable service the member has in the retirement system bears to 16."
SECTION 38. Said title is further amended by striking in its entirety subsection (f) of Code Section 4723-105, relating to spouses benefits, ceasing spouses benefits, vesting, and designation of survivors benefits, and inserting in lieu thereof the following:
"(f) Any member at the time of retirement who has met the conditions of subsection (e) of this Code section may designate a natural person other than his or her spouse to receive a survivors benefit in the same manner and under the same conditions as provided for spouses benefits; provided, however, that any person so designated shall receive a benefit equal to the normal spouses benefit actuarially reduced in accordance to such persons and the members projected life span spans. Such actuarial adjustment shall be computed at regular interest upon the basis of the mortality tables and rates of interest last adopted by the board of trustees. Such benefit shall not exceed 50 percent of the members monthly retirement benefit."
SECTION 39. Said title is further amended by striking in its entirety Code Section 47-23-108, relating to withdrawal of funds, and inserting in lieu thereof the following:
"47-23-108. Except as otherwise expressly provided in this chapter, if a member ceases to be employed in a covered position, he or she may withdraw the total sum, with 6 percent interest, which he or she has paid into the fund. The member shall not be eligible at any time after such withdrawal to become a member of the fund, unless at a later date he or she becomes employed in a covered position, in which event he or she shall be reinstated into the fund as if he or she had never before been a member. Any such reinstated member shall have the privilege of reestablishing any prior creditable service, provided that the member repays into the retirement system an amount equal to the amount withdrawn, which shall be placed in the employee contribution accumulation fund, together with 6 percent interest from the date of withdrawal to the date of repayment, which interest shall be placed in the pension accumulation fund. The employee contributions paid by the employer as provided in subsection (c) of Code Section 47-23-80 shall be considered to be payments made by the member."
SECTION 40.

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JOURNAL OF THE HOUSE

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 Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges
Brooks Y Brown Y Bruce Y Bryant Y Buckner, D
Buckner, G Y Burkhalter
Burmeister Y Burns Y Butler E Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson E Dollar
Drenner Y Dukes Y Ehrhart Y England E Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D E Graves, T Y Greene Y Hanner Y Harbin Y Hatfield
Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan E Keen Y Keown E Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May E McCall E McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall E Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B
Smith, L E Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre
Stanley-Turner Y Stephens Y Stephenson
Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson
Willard E Williams, A Y Williams, E Y Williams, R
Wix Yates Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 147, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

FRIDAY, FEBRUARY 25, 2005

1051

Due to a mechanical malfunction, the vote of Representative Brooks of the 63rd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representatives Burmeister of the 119th, Heard of the 104th, Hudson of the 124th, Mangham of the 94th, and Stanley-Turner of the 53rd 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 142. By Representatives Smith of the 131st, Smith of the 129th, Buckner of the 130th, Reece of the 11th, Crawford of the 127th and others:

A RESOLUTION requesting that the Committee on the Implementation of Textile Agreements approve the safeguard petitions filed by the United States textile industry; 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 Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D
Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler E Byrd Y Carter Y Casas

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson E Dollar
Drenner Y Dukes Y Ehrhart Y England E Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger
Golick Y Graves, D E Graves, T Y Greene Y Hanner

Y Holmes Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan E Keen Y Keown E Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey

Y Maxwell Y May E McCall E McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw
Sheldon Y Sims, C
Sims, F Y Sinkfield Y Smith, B Y Smith, L E Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre
Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren

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Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Lord Y Loudermilk Y Lucas N Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin

E Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

N Watson Y Wilkinson
Willard E Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the adoption of the Resolution, the ayes were 148, nays 2.

The Resolution, having received the requisite constitutional majority, was adopted.

Due to a mechanical malfunction, the votes of Representatives Lunsford of the 110th and Watson of the 91st were not recorded on the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representatives Hudson of the 124th, Manning of the 32nd, Sheldon of the 105th, Stanley-Turner of the 53rd 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 82.

By Senators Hamrick of the 30th, Schaefer of the 50th, Hudgens of the 47th, Cagle of the 49th, Shafer of the 48th and others:

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 supplement definitions relating to financial institutions; to define time parameters for meeting notices; to implement personnel policies; to promulgate regulations promoting parity with federal financial institutions; to prohibit certain persons from participating in financial institutions; to allow Georgia and federal courts access to financial information; to lengthen the time for closure of stock transfer books; to protect the shareholders during bank conversions, mergers, and consolidations; to require notice to the department when articles are amended; to update the financial requirements for licensure of mortgage brokers; 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 roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Amerson

Y Crawford Y Cummings

Y Holmes Y Holt

Y Maxwell Y May

Y Sailor Y Scheid

FRIDAY, FEBRUARY 25, 2005

1053

N Anderson Y Ashe Y Barnard E Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler E Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Davis Y Day Y Dean Y Dickson E Dodson E Dollar
Drenner Y Dukes Y Ehrhart Y England E Epps Y Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D E Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan E Keen Y Keown E Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

E McCall E McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal
Oliver Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall E Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Scott, A Y Scott, M Y Setzler Y Shaw
Sheldon Y Sims, C Y Sims, F Y Sinkfield
Smith, B Y Smith, L E Smith, P Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard E Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 153, nays 2.

The Bill, having received the requisite constitutional majority, was passed.

Representative Hudson of the 124th 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 Coleman of the 144th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to SB 82.

SB 48.

By Senators Smith of the 52nd, Thomas of the 54th, Mullis of the 53rd, Tolleson of the 20th and Rogers of the 21st:

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A BILL to be entitled an Act to state a general intent to eliminate the future "sunset" of certain provisions relating to renal disease facilities; to provide that provisions of the Official Code of Georgia Annotated relating to renal disease facilities which were in effect and applicable on January 1, 2005, shall remain in effect and applicable until and unless changed by future Act of the General Assembly; to amend an Act amending Title 31 of the O.C.G.A., relating to health, which Act was approved April 20, 2000 (Ga. L. 2000, p. 526); to amend Code Section 31-44-3 of the O.C.G.A., so as to revise certain provisions relating to membership on the Renal Dialysis Advisory Council; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler E Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman, B Coleman, T

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson E Dollar
Drenner Y Dukes Y Ehrhart Y England E Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D E Graves, T
Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson

Y Holmes Y Holt Y Horne
Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson
Jones, J Y Jones, S Y Jordan E Keen Y Keown E Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning

Y Maxwell Y May E McCall E McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal
Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall E Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield
Smith, B Y Smith, L E Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard E Williams, A Y Williams, E Y Williams, R Y Wix

FRIDAY, FEBRUARY 25, 2005

1055

Y Cooper Y Cox

Y Hill, C Y Hill, C.A

Y Marin Y Martin

Y Royal Y Rynders

Y Yates Richardson,
Speaker

On the passage of the Bill, the ayes were 151, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

Representatives Houston of the 170th and Hudson of the 124th 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 adopted:

HR 371. By Representative Keown of the 173rd:

A RESOLUTION recognizing Ms. Rosa "Nell" Carroll and commending her outstanding career with Southwestern State Hospital's dental clinic; and for other purposes.

HR 372. By Representative Holt of the 112th:

A RESOLUTION commending Charles and Louise Strickland; and for other purposes.

HR 373. By Representatives Maxwell of the 17th, Murphy of the 23rd, Bridges of the 10th, Dean of the 59th, Talton of the 145th and others:

A RESOLUTION commending Rotary International on the 100th Anniversary of its founding; and for other purposes.

HR 374. By Representative Warren of the 122nd:

A RESOLUTION honoring John S. McElmurray; and for other purposes.

HR 375. By Representatives Stanley-Turner of the 53rd, Lindsey of the 54th and Beasley-Teague of the 65th:

A RESOLUTION commending Jeanne Scher as the Distinguished Senior Georgian for 2005; and for other purposes.

HR 376. By Representatives Buckner of the 130th, James of the 135th, Hugley of the 133rd, Cheokas of the 134th and Smith of the 129th:

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JOURNAL OF THE HOUSE

A RESOLUTION honoring and remembering the life of Mayor Augustus Pou "Gus" Persons III; and for other purposes.
HR 377. By Representatives Reese of the 98th and Coleman of the 97th:
A RESOLUTION recognizing and commending Deborah D. West for outstanding contributions to public education in the State of Georgia; and for other purposes.
HR 378. By Representative Benton of the 31st:
A RESOLUTION commending the Commerce competitive cheerleading team; and for other purposes.
HR 379. By Representatives Ehrhart of the 36th and Marin of the 96th:
A RESOLUTION recognizing March 1, 2005, as "Boy Scout Day in Georgia"; and for other purposes.
HR 380. By Representatives Buckner of the 130th and James of the 135th:
A RESOLUTION congratulating Mr. Willie E. Dewberry on the grand occasion of his 100th birthday; and for other purposes.
HR 381. By Representatives Carter of the 159th, Mosley of the 178th and Smith of the 168th:
A RESOLUTION remembering and honoring the life of Mr. Joe Sears; and for other purposes.
HR 382. By Representatives Mangham of the 94th, Brooks of the 63rd, Williams of the 89th, Sinkfield of the 60th and Mitchell of the 88th:
A RESOLUTION recognizing and commending Tavis Smiley; and for other purposes.
HR 383. By Representative Manning of the 32nd:
A RESOLUTION recognizing and commending the General Raymond G. Davis Young Marines of Metro Atlanta; and for other purposes.
HR 384. By Representatives Talton of the 145th and O`Neal of the 146th:

FRIDAY, FEBRUARY 25, 2005

1057

A RESOLUTION commending Ada J. Lee; and for other purposes.
Representative Smith of the 129th assumed the chair.
Representative Fleming of the 117th moved that the House do now adjourn until 10:00 A.M., Wednesday, March 2, 2005, and the motion prevailed.
Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 A.M., Wednesday, March 2, 2005.

1058

JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia

Wednesday, March 2, 2005

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 Barnard Barnes Bearden Benton Black Bridges Brooks Bruce Bryant Buckner, D Buckner, G Burns Byrd Carter Cheokas Cole Coleman, B Cox Cummings Davis Dickson E Dodson E Dollar

Ehrhart England Epps Fleming Floyd, H Floyd, J Fludd Forster Franklin Freeman Gardner Geisinger E Golick Graves, T Greene Harbin Hatfield Heard, J Heard, K Hembree Hill, C Hill, C.A Holmes Holt

Horne Houston Howard James Jenkins E Jennings Johnson Jones, J Jones, S Keown Kidd Knight Lakly Lane, B Lane, R Lewis Lord Loudermilk Maddox Mangham Manning Maxwell May E McCall

E McClinton Meadows Mills Mitchell Morgan Mosby Mosley Mumford Murphy, J Neal Oliver O'Neal Orrock
E Parham Parsons Ralston Randall Ray Reece, B Reece, S Reese Rice Rogers Rynders

E Scheid Scott, A Scott, M Setzler Shaw Smith, B Smith, L Smith, P Smith, R Smith, T Talton Teilhet Thomas, B Tumlin Walker Warren Wilkinson Willard Williams, A Williams, E Williams, R Wix Yates Richardson,
Speaker

The following members were off the floor of the House when the roll was called:

Representatives Anderson of the 123rd, Bordeaux of the 162nd, Borders of the 175th, Brown of the 69th, Burkhalter of the 50th, Burmeister of the 119th, Casas of the 103rd, Chambers of the 81st, Channell of the 116th, Coleman of the 144th, Crawford of the 127th, Dean of the 59th, Drenner of the 86th, Dukes of the 150th, Graves of the 137th, Hanner of the 148th, Heckstall of the 62nd, Henson of the 87th, Hudson of the 124th, Hugley of the 133rd, Jordan of the 77th, Keen of the 179th, Knox of the 24th, Lucas of the 139th, Marin of the 96th, Millar of the 79th, Miller of the 106th, Morris of the 155th, Murphy of the 120th, Parrish of the 156th, Porter of the 143rd, Powell of the 29th, Roberts of the 154th, Royal of the 171st, Sailor of the 93rd, Sheldon of the 105th, Sinkfield of the 60th, Smith of the 129th, Smyre of the 132nd, Stanley-Turner of the 53rd, Stephenson of the 92nd, Thomas of the 55th, and Watson of the 91st.

WEDNESDAY, MARCH 2, 2005

1059

They wish to be recorded as present.
Prayer was offered by the Reverend Randy Glover, Norwich Tabernacle Baptist Church, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Heard of the 104th, Chairman of the Committee on Information and Audits, 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 were introduced, read the first time and referred to the Committees:
HB 658. By Representatives Powell of the 29th, Dickson of the 6th, McCall of the 30th and Sims of the 169th:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to change the exemption regarding electricity sales for irrigation of farm crops to include irrigation of certain nursery stock; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.

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JOURNAL OF THE HOUSE

HB 659. By Representatives Smith of the 131st, Smith of the 113th, Fleming of the 117th, Coan of the 101st and Smith of the 129th:
A BILL to be entitled an Act to amend Chapter 68 of Title 36 of the Official Code of Georgia Annotated, relating to merger of municipal government with county, so as to provide for the vote of the mayor under certain circumstances in the case of a tie; to provide for the effect of abstentions under certain circumstances; to provide for an exception; 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.
HB 660. By Representatives Cummings of the 16th, Bridges of the 10th and Yates of the 73rd:
A BILL to be entitled an Act to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firefighters Pension Fund, so as to provide for creditable service in the fund for certain active military duty; to provide for the calculation of creditable service on a monthly basis; to amend Chapter 7A of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Class Nine Fire Department Pension Fund, so as to provide for creditable service in the fund for certain active military duty; to provide for the calculation of creditable service on a monthly basis; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 661. By Representatives Reese of the 98th, Burmeister of the 119th, Burkhalter of the 50th, Brooks of the 63rd, Cummings of the 16th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for adoption of policies and procedures by local boards of education to provide information regarding school clubs and organizations to parents and legal guardians and to provide an opportunity to withhold permission to participate; to provide for legislative intent; to provide for definitions; to provide for annual notification by local school systems to parents and legal guardians; to require annual written parental or legal guardian permission for membership or participation in a school club or organization; to provide for related matters; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 2, 2005

1061

Referred to the Committee on Education.
HB 663. By Representatives Cooper of the 41st, Tumlin of the 38th, Setzler of the 35th, Jones of the 44th, Ehrhart of the 36th and others:
A BILL to be entitled an Act to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4078), so as to change the compensation of certain employees of such office; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 666. By Representatives Talton of the 145th, O`Neal of the 146th, Parsons of the 42nd, Murphy of the 23rd, Crawford of the 127th and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable in the Peace Officers Annuity and Benefit Fund, so as to provide for creditable service for certain prior service; to provide for an employees contribution; to provide for application and conditions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 667. By Representatives Barnard of the 166th, Powell of the 29th, Crawford of the 127th and Greene of the 149th:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to wardens, superintendents, and other personnel of state and county correctional institutions, so as to provide for the responsibilities of wardens of state correctional institutions with regard to commissaries for inmates; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 668. By Representatives Butler of the 18th, Rice of the 51st, Roberts of the 154th, Coan of the 101st, Burmeister of the 119th and others:
A BILL to be entitled an Act to amend Code Section 27-2-4 of the Official Code of Georgia Annotated, relating to honorary hunting and fishing

1062

JOURNAL OF THE HOUSE

licenses, so as to provide for lifetime honorary hunting and fishing licenses for certain military veterans; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 669. By Representative Martin of the 47th:
A BILL to be entitled an Act to amend Code Section 50-14-1 of the Official Code of Georgia Annotated, relating to open meetings requirements, so as to revise a definition; to provide that certain associations of school districts in this state are subject to the open meetings statute; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HR 369. By Representative Manning of the 32nd:
A RESOLUTION creating the House Study Committee on Nutrition and Obesity of Children From Birth to Age Five; and for other purposes.
Referred to the Committee on Children & Youth.
HR 385. By Representatives Talton of the 145th, O`Neal of the 146th, Parsons of the 42nd, Murphy of the 23rd, Mills of the 25th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly shall be authorized to enact legislation and appropriate funds necessary to provide for retirement credit for retired members of the Peace Officers Annuity and Benefit Fund for service rendered prior to January 1, 1976; to provide that such legislation may provide for membership in such fund for peace officers who rendered service as a peace officer prior to January 1, 1976, but who are not members of the fund on July 1, 2007; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Ways & Means.
HR 386. By Representatives James of the 135th, Hugley of the 133rd, Abdul-Salaam of the 74th, Buckner of the 130th, Jordan of the 77th and others:
A RESOLUTION urging continued support for the Community Development Block Grant (CDBG) Program; and for other purposes.

WEDNESDAY, MARCH 2, 2005

1063

Referred to the Committee on Governmental Affairs.
HR 387. By Representatives Stanley-Turner of the 53rd, Cooper of the 41st, Thomas of the 55th, Beasley-Teague of the 65th, Henson of the 87th and others:
A RESOLUTION recognizing obesity as an increasing health concern and a cause of rising medical costs in Georgia and declaring the month of November as Healthy Living Month; and for other purposes
Referred to the Committee on Health & Human Services.
By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the Committee:
HB 682. By Representatives Benfield of the 85th, Crawford of the 127th, Brooks of the 63rd, Bordeaux of the 162nd, Stephenson of the 92nd and others:
A BILL to be entitled an Act to make legislative findings; to amend Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to the claims advisory board, so as to provide for compensation of persons wrongfully convicted and imprisoned; to provide for a short title; to provide for recommendations by the board as payment of compensation; to provide for procedural rules; to provide for claims for compensation; to provide for uniform standards for compensation; to provide when compensation may be recommended and the factors to be considered; to provide for limitations of claims; to provide for reports on claims being transmitted to the General Assembly; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 683. By Representatives Oliver of the 83rd, Knox of the 24th, Willard of the 49th, Ehrhart of the 36th, Forster of the 3rd and others:
A BILL to be entitled an Act to amend Title 33 of the O.C.G.A., relating to insurance, so as to provide a short title; to comprehensively revise the rate regulatory system for property and casualty insurance in this state; to provide legislative findings; to provide definitions; to provide for the determination of competitive and noncompetitive markets; to provide for factors to consider in making such determinations; to provide for rating standards and methods; to provide for rate regulation in noncompetitive markets; to provide for the filing of certain rates and information; to provide for the method of disapproving certain rates; to provide for certain regulation for policies for

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large commercial policyholders; to provide for the operation and control of advisory organizations; to provide for permitted and prohibited activities of advisory organizations; to provide for related matters; to amend Title 34 of the O.C.G.A.; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 684. By Representatives Hatfield of the 177th, Fleming of the 117th, Burmeister of the 119th, Channell of the 116th, Black of the 174th and others:
A BILL to be entitled an Act to amend Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to open and public meetings, so as to clarify that employment interviews may be excluded from the requirements of the chapter; to exclude mediation and arbitration conducted by neutral third parties on behalf of an agency from the requirements of the chapter; to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that certain requests may be required to be in writing; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 685. By Representatives Orrock of the 58th, Thomas of the 55th and StanleyTurner of the 53rd:
A BILL to be entitled an Act to amend Code Section 8-3-3 of the Official Code of Georgia Annotated, relating to definitions relative to housing authorities, so as to clarify the specific situations for which a private enterprise agreement is applicable to housing projects in this state; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 686. By Representatives Reece of the 11th, Mosby of the 90th, Talton of the 145th, Smith of the 13th and Heard of the 104th:
A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to limit the sale and manner of sale of products whose sole active ingredient is pseudoephedrine; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.

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1065

Referred to the Committee on Judiciary Non-Civil.

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

HB 639 HB 640 HB 641 HB 642 HB 643 HB 644 HB 645 HB 646 HB 647 HB 649 HB 650 HB 651 HB 652 HB 653 HB 654

HB 655 HB 656 HB 657 HB 662 HB 664 HB 665 HR 340 HR 341 HR 365 HR 366 SB 95 SB 144 SB 146 SR 21

Representative Mills of the 25th District, Chairman of the Committee on Banks and Banking, submitted the following report:

Mr. Speaker:

Your Committee on Banks and Banking 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 100 Do Pass

Respectfully submitted, /s/ Mills of the 25th
Chairman

Representative Cooper of the 41st District, 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:

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HB 608 Do Pass, by Substitute
Respectfully submitted, /s/ Cooper of the 41st
Chairman
Representative Walker of the 107th District, Chairman of the Committee on Human Relations and Aging, submitted the following report:
Mr. Speaker:
Your Committee on Human Relations and Aging 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 378 Do Pass, by Substitute
Respectfully submitted, /s/ Walker of the 107th
Chairman
Representative Bridges of the 10th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement 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 355 Do Pass, by Substitute
Respectfully submitted, /s/ Bridges of the 10th
Chairman
Representative Smith of the 168th District, 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

WEDNESDAY, MARCH 2, 2005

1067

the same back to the House with the following recommendations:

HB 610 HB 614 HB 616 HB 618 HB 619 HB 623

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

HB 624 HB 628 HB 632 HB 633 HB 635

Do Pass Do Pass Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Smith of the 168th
Chairman

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

HOUSE RULES CALENDAR WEDNESDAY, MARCH 2, 2005

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 26th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

HB 183 State employees; payroll deductions; certain non-profit organizations; include corrections officers
HB 207 Plumbing; licensure requirements; exception HB 240 Law enforcement officer or firefighter; temporary disability; filing claim HB 279 Highways; vehicles hauling certain products; weight limitation variance HB 301 Fishing; authorize taking by hand under certain conditions HB 309 Code Titles 31, 44, and 49; conform references to House and Senate committee
names HB 406 Trusts; allocation of principal and income; amend provisions HB 444 Professional engineers and land surveyors; change certification requirements HB 459 Employees' Retirement; disability retirement and allowance; amend provisions HB 467 Food service establishments; Department of Human Resources establish
grading sheet HB 570 Interlocal Cooperation Act; enact SB 125 Economic Development; state-wide tourism marketing; Music Hall of
Fame Authority; board appointment

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Modified Open Rule
None
Modified Structured Rule
None
Structured Rule
None
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Ehrhart of the 36th
Chairman
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 610. By Representatives Borders of the 175th, Black of the 174th, Royal of the 171st, Shaw of the 176th, Keown of the 173rd and others:
A BILL to be entitled an Act to amend an Act providing for a supplement to the compensation of the judges of the superior courts of the Southern Judicial Circuit, approved March 6, 1956 (Ga. L. 1956, p. 537), as amended, particularly by an Act approved April 4, 1996 (Ga. L. 1996, p. 4105), so as to increase the amount of such supplement; to provide for the payment of such supplement in specified amounts by the counties comprising the circuit; 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.
HB 614. By Representatives Miller of the 106th, Cox of the 102nd, Sheldon of the 105th, Casas of the 103rd, Heard of the 104th and others:
A BILL to be entitled an Act to amend an Act creating the Recorders Court of Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p.

WEDNESDAY, MARCH 2, 2005

1069

4183), so as to change provisions relating to the qualifications of assistant solicitors; 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.
HB 616. By Representative Black of the 174th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Echols County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to 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.
HB 618. By Representative Fleming of the 117th:
A BILL to be entitled an Act to amend an Act to create a board of elections and registration for Lincoln County, approved April 4, 1996 (Ga. L. 1996, p. 4210), as amended, so as to provide for the appointment of the members of such 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.
HB 619. By Representative Fleming of the 117th:
A BILL to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Lincoln, approved February 25, 1949 (Ga. L. 1949, p. 1228), so as to provide for the determination of a fiscal year by the board of commissioners; to provide for an audit in accordance with 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.
HB 623. By Representative Cheokas of the 134th:
A BILL to be entitled an Act to amend an Act creating the Marion County Board of Elections and Registration, approved June 3, 2003 (Ga. L. 2003, p.

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4474), so as to change the provisions relating to meetings of the board; to change the provisions relating to compensation of the members of the board; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 624. By Representative Cheokas of the 134th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Marion County, approved February 21, 1951 (Ga. L. 1951, p. 2880), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4117), so as to correct the date for the election of one member of the board; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 628. By Representatives Hanner of the 148th and Rynders of the 152nd:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Lee County, approved August 6, 1921 (Ga. L. 1921, p. 517), as amended, so as to change certain provisions regarding qualifications of members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 632. By Representative Lane of the 158th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Pembroke, approved March 28, 1985 (Ga. L. 1985, p. 4846), as amended, so as to revise Section 26 of Article III of such Act; to change certain provisions relating to building permits; 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.

WEDNESDAY, MARCH 2, 2005

1071

HB 633. By Representatives Lucas of the 139th, Randall of the 138th, Freeman of the 140th, Graves of the 137th and Ray of the 136th:

A BILL to be entitled an Act to abolish the office of elected county surveyor of Bibb County pursuant to Code Section 36-7-2.1 of the O.C.G.A.; 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.

HB 635. By Representatives Mumford of the 95th, Mangham of the 94th, Stephenson of the 92nd and Sailor of the 93rd:

A BILL to be entitled an Act to amend an Act relating to the Rockdale Judicial Circuit and the judges thereof, approved March 27,1991 (Ga. L. 1991, p. 276), so as to make certain provisions for the court reporter or court reporters for the judicial circuit; to provide that the court reporter or court reporters for the circuit shall receive a stated salary in lieu of per diem compensation; to provide for conformity with other provisions of law and rules; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the 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:

Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague Benfield Y Benton Y Black Bordeaux Borders Y Bridges Y Brooks Brown Bruce

Y Crawford Y Cummings E Davis Y Day
Dean Y Dickson E Dodson E Dollar Y Drenner Y Dukes
Ehrhart Y England Y Epps
Fleming Y Floyd, H Y Floyd, J Y Fludd

Y Holmes Y Holt Y Horne Y Houston
Howard Hudson Y Hugley Jackson N Jacobs Y James Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan

Y Maxwell May
Y McCall McClinton
Y Meadows Millar
Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C
Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre

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Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers
Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Cooper Y Cox

Forster Franklin Y Freeman Y Gardner Y Geisinger E Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham
Manning Marin Y Martin

Y Oliver O'Neal
Y Orrock E Parham
Parrish Y Parsons Y Porter
Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts
Rogers Y Royal Y Rynders

Y Stanley-Turner Y Stephens
Stephenson Y Talton
Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bills, the ayes were 137, nays 1.

The Bills, having received the requisite constitutional majority, were passed.

Representative Jacobs of the 80th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representatives May of the 111th and Parrish of the 156th 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 passed by the requisite constitutional majority the following bills of the Senate:

SB 111. By Senators Goggans of the 7th, Chapman of the 3rd, Bulloch of the 11th, Pearson of the 51st and Whitehead, Sr. of the 24th:

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 preclude any companion animal establishment from being or becoming a nuisance solely as a result of changed conditions in or around

WEDNESDAY, MARCH 2, 2005

1073

the locality of the establishment; to provide for immunity from civil or criminal actions relating to noise from a companion animal establishment under certain conditions; to exempt certain conduct from changes in certain ordinances, rules, or regulations; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 140. By Senators Williams of the 19th and Cagle of the 49th:
A BILL to be entitled an Act to amend Article 2 of Chapter 20A of Title 33 of the O.C.G.A., relating to the patients right to independent review, so as to revise and add definitions; to change references to conform to revised and new terms; to amend Article 7 of Chapter 4 of Title 49 of the O.C.G.A., relating to medical assistance generally, so as to strike Code Section 49-4-156, which is reserved, and inserting a new Code Section 49-4-156 to provide that certain requirements shall not apply to health maintenance organizations which contract with the department of community health; to amend Article 13 of Chapter 5 of Title 49 of the O.C.G.A., relating to PeachCare for Kids, so as to provide for a definition; to provide for a reduction in the maximum income limit in the discretion of the board of community health; to change certain provisions relating to services, copayments, enrollment, and contracting of services; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 196. By Senators Carter of the 13th, Butler of the 55th, Moody of the 56th, Thomas of the 54th and Douglas of the 17th:
A BILL to be entitled an Act 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 on a school bus or other vehicle transporting children to and from schools or early care and education programs; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 199. By Senators Balfour of the 9th, Seabaugh of the 28th, Hudgens of the 47th, Adelman of the 42nd and Henson of the 41st:
A BILL to be entitled an Act to amend Code Section 26-4-60 of the Official Code of Georgia Annotated, relating to grounds for suspension, revocation, or refusal to grant licenses by the State Board of Pharmacy, so as to delete certain provisions relating to selling, distributing, and delivering prescription drugs by mail or other common carriers; to repeal conflicting laws; and for other purposes.

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The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 47. By Representatives Keen of the 179th, Richardson of the 19th, Burkhalter of the 50th, Royal of the 171st, Channell of the 116th and others:
A RESOLUTION paying tribute to the memory of a great Georgian, the late Paul D. Coverdell, and naming the Paul D. Coverdell Legislative Office Building in his honor; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 111. By Senators Goggans of the 7th, Chapman of the 3rd, Bulloch of the 11th, Pearson of the 51st and Whitehead, Sr. of the 24th:
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 preclude any companion animal establishment from being or becoming a nuisance solely as a result of changed conditions in or around the locality of the establishment; to provide for immunity from civil or criminal actions relating to noise from a companion animal establishment under certain conditions; to exempt certain conduct from changes in certain ordinances, rules, or regulations; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 140. By Senators Williams of the 19th and Cagle of the 49th:
A BILL to be entitled an Act to amend Article 2 of Chapter 20A of Title 33 of the O.C.G.A., relating to the patients right to independent review, so as to revise and add definitions; to change references to conform to revised and new terms; to amend Article 7 of Chapter 4 of Title 49 of the O.C.G.A., relating to medical assistance generally, so as to strike Code Section 49-4156, which is reserved, and inserting a new Code Section 49-4-156 to provide that certain requirements shall not apply to health maintenance organizations which contract with the department of community health; to amend Article 13 of Chapter 5 of Title 49 of the O.C.G.A., relating to PeachCare for Kids, so as to provide for a definition; to provide for a reduction in the maximum income limit in the discretion of the board of community health; to change certain provisions relating to services, copayments, enrollment, and contracting of services; to provide for related

WEDNESDAY, MARCH 2, 2005

1075

matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
SB 196. By Senators Carter of the 13th, Butler of the 55th, Moody of the 56th, Thomas of the 54th and Douglas of the 17th:
A BILL to be entitled an Act 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 on a school bus or other vehicle transporting children to and from schools or early care and education programs; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 199. By Senators Balfour of the 9th, Seabaugh of the 28th, Hudgens of the 47th, Adelman of the 42nd and Henson of the 41st:
A BILL to be entitled an Act to amend Code Section 26-4-60 of the Official Code of Georgia Annotated, relating to grounds for suspension, revocation, or refusal to grant licenses by the State Board of Pharmacy, so as to delete certain provisions relating to selling, distributing, and delivering prescription drugs by mail or other common carriers; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
The following members were recognized during the period of Morning Orders and addressed the House:
Jones of the 44th, Cole of the 125th, Williams of the 89th, Buckner of the 76th, Randall of the 138th, Wilkinson of the 52nd, Burkhalter of the 50th, and Gardner of the 57th.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 388. By Representative Gardner of the 57th:
A RESOLUTION commending the American Red Cross; proclaiming March, 2005, American Red Cross Month; inviting its representatives to

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appear before the House of Representatives; and for other purposes.
HR 390. By Representatives Buckner of the 130th, Smith of the 129th, Smith of the 131st, Smyre of the 132nd and Hugley of the 133rd:
A RESOLUTION welcoming and thanking the citizens, employees, and public officials of the City of Columbus, declaring March 11, 2005, Columbus Day at the capitol, and inviting the city's selected delegates to appear before the House of Representatives; and for other purposes.
HR 407. By Representatives Murphy of the 120th, Watson of the 91st, Williams of the 165th, Smyre of the 132nd, Ehrhart of the 36th and others:
A RESOLUTION honoring the life and legacy of Ray Charles and inviting Jamie Foxx, star of the movie Ray, to the House of Representatives; and for other purposes.
HR 409. By Representatives Bordeaux of the 162nd, Stephens of the 164th, Jackson of the 161st, Day of the 163rd, Bryant of the 160th and others:
A RESOLUTION recognizing and honoring the St. Patricks Day Parade Committee, Chairman Dave Roberts, the 2005 St. Patricks Day Parades Grand Marshal Daniel Sheehan, and inviting them to appear before the House of Representatives; and for other purposes.
The following Resolution of the House, referred to the House Rules Subcommittee on Invites, was reported by the Committee on Rules with the following recommendation:
HR 388 Do Pass
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 388. By Representative Gardner of the 57th:
A RESOLUTION commending the American Red Cross; proclaiming March, 2005, American Red Cross Month; inviting its representatives to appear before the House of Representatives; and for other purposes.
The following Resolution of the House was read and adopted:
HR 389. By Representative Jones of the 44th:

WEDNESDAY, MARCH 2, 2005

1077

A RESOLUTION honoring the late Mrs. Harriet G. Darnell and commending the Harriet G. Darnell Senior Multipurpose Facility; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 279. By Representatives Floyd of the 147th, Roberts of the 154th, Royal of the 171st, Crawford of the 127th, James of the 135th and others:
A BILL to be entitled an Act to amend Code Section 32-6-26 of the Official Code of Georgia Annotated, relating to weight of vehicle and load, so as to change certain provisions relating to weight limitations for certain types of vehicles; 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 32-6-26 of the Official Code of Georgia Annotated, relating to weight of vehicle and load, so as to change certain provisions relating to weight limitations for certain types of vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 32-6-26 of the Official Code of Georgia Annotated, relating to weight of vehicle and load, is amended by striking subsection (g) of said Code section and inserting in its place the following:
"(g)(1) The weight limitations provided for in this Code section, except the limitation in subsections (f) and (h) of this Code section, may be exceeded on any public road within this state which is not a national highway, or when making a pickup or delivery on any public road of a county road system, without a permit only when the load on any single axle does not exceed 23,000 pounds, the load on any tandem axle does not exceed 46,000 pounds, and the maximum total gross weight of the vehicle and load does not exceed 80,000 pounds when:
(A) Hauling forest products from the forest where cut to the owners place of business, plant, plantation, or residence first point of marketing or processing; (B) Hauling live poultry or cotton from a farm to a processing plant; (C) Hauling feed from a feed mill to a farm;

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(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; (E) Hauling solid waste or recovered materials from points of generation to a solid waste handling facility or other processing facility; or (F) Hauling concrete that is in a freshly mixed and unhardened state for delivery to a customer located in the same or an adjoining county. No lift axle may be used in computing the maximum total gross weight authorized for any vehicle or load under this paragraph. (2) A vehicle which is hauling the products listed in subparagraph (A), (B), or (C) of paragraph (1) of this subsection or which is hauling any other agricultural or farm product from a farm to the first point of marketing or processing shall be permitted a 5 percent variance from the weight limitations in paragraph (1) of this subsection within a 100 mile radius of the farm or point of origin. Any person who violates the load limitations provided for in this paragraph by exceeding the 5 percent variance shall be fined on the basis of the weight limitations of paragraph (1) of this subsection and not on the basis of the variance allowed by this paragraph. (2)(3) Any vehicle carrying a load as authorized in this subsection at night shall be equipped with lights clearly visible for a distance of not less than 300 feet from the front and rear of the vehicle."

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:

Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black
Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce

Crawford N Cummings Y Davis Y Day
Dean Y Dickson E Dodson E Dollar
Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd

Y Holmes Holt
Y Horne Houston
Y Howard Y Hudson Y Hugley
Jackson N Jacobs Y James
Jamieson Y Jenkins E Jennings Y Johnson
Jones, J Jones, S Y Jordan

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller E Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw N Sheldon Y Sims, C
Sims, F Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre

WEDNESDAY, MARCH 2, 2005

1079

Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns
Butler Y Byrd Y Carter
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman, B Y Coleman, T
Cooper Y Cox

Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger E Golick
Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Keen Y Keown Y Kidd Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Oliver Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B
Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Stanley-Turner Y Stephens
Stephenson Y Talton
Teilhet Thomas, A.M Y Thomas, B Y Tumlin Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 139, nays 4.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Cummings of the 16th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Jones of the 46th and Keen of the 179th 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 125. By Senators Mullis of the 53rd, Rogers of the 21st, Zamarripa of the 36th, Whitehead, Sr. of the 24th, Stephens of the 27th and others:

A BILL to be entitled an Act to amend Titles 50 and 12 of the O.C.G.A., relating respectively to state government and conservation and natural resources; to promote tourism through a state-wide tourism marketing program and a more focused administrative structure; to provide for implementation and for coordination of other agencies by the Department of Economic Development; to provide corresponding amendments to powers of the Board of Economic Development; to provide for a Georgia Tourism Foundation and the solicitation and disbursement of contributions; to transfer the assignment for administrative purposes of certain venues and authorities with tourism roles to the Department of Economic Development; to provide

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for appointment of the board of the Music Hall of Fame Authority; to provide for an effective date; to repeal conflicting laws, and for related purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Titles 50 and 12 of the Official Code of Georgia Annotated, relating respectively to state government and conservation and natural resources, so as to change provisions relating to the Department of Economic Development; to promote tourism through a state-wide tourism marketing program and a more focused administrative structure; to provide for implementation and for coordination of other agencies by the Department of Economic Development; to provide corresponding amendments to powers of the Board of Economic Development; to provide for a Georgia Tourism Foundation and the solicitation and disbursement of contributions; to transfer the assignment for administrative purposes of certain venues and authorities with tourism roles to the Department of Economic Development; to provide for appointment of the board of the Music Hall of Fame Authority; to provide for transfer of functions respecting the Music Hall of Fame Authority from the Department of Community Affairs to the Department of Economic Development; to provide similarly for transfer of functions respecting the Sports Hall of Fame Authority; to provide for an effective date; to repeal conflicting laws, and for related purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding at the end of Article 1 of Chapter 7, relating generally to the Department of Economic Development, a new Code Section 50-7-17 to read as follows:
"50-7-17. (a) Statement of policy and short title. The General Assembly finds that it is in the states interest to present a cohesive and vibrant message for the promotion of tourism in Georgia. This Code section, therefore, shall be known and may be cited as the 'New Georgia Foundation for Tourism Act.' (b) Definitions. As used in this Code section, the term:
(1) 'Agency' means any officer, board, department, agency, commission, bureau, authority, public corporation, instrumentality, or other entity of state government when engaged in an activity conducive to marketing which promotes tourism. (2) 'Coordinate' and 'coordination' include issuing rules, policies, standards, definitions, specifications, coordination, and other guidance and direction. (3) 'Department' means the Department of Economic Development. (4) 'Implement' and 'implementation' include planning, writing, drafting, designing, study, and market analysis; solicitation and acceptance of gifts, contributions, and

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cooperation; contracting, procurement, retention of consultants, outsourcing, similar activities, and other activities within the ordinary meaning of the term in this context. (5) 'Market' and 'marketing' include promotion, advertising, signage, public relations, press relations, branding, and use of a 'look;' creation, use, and licensing of trademark, copyright, and other intellectual property; discounts; and other activities of similar nature or within the term as it is commonly understood. (c) Establishment of State-wide Tourism Marketing Program. (1) Generally. For promotion of tourism in Georgia, the department may establish, implement, and provide for implementing a State-wide Tourism Marketing Program, with common and consistent features for implementation by the department and agencies. Within the State-wide Tourism Marketing Program, the department may establish or authorize various themes and component programs, but such themes and component programs must have common and consistent features with the State-wide Tourism Market Program. (2) Emphases. As important and substantial components of the State-wide Tourism Marketing Program, the department will place particular emphasis on branding and on the state's great heritage and culture. (3) Sharing of powers. In marketing and implementation of marketing for tourism, the department may exercise its powers under paragraphs (9) and (11) of Code Section 50-7-8 and may authorize and delegate to agencies all or parts of such powers for their own implementation. (d) Coordination. (1) Generally. The department will implement the State-wide Tourism Marketing Program and will also coordinate its implementation by individual agencies. (2) Delegation and agency retention. The department may delegate marketing implementation activities to agencies in promotion of tourism and may allow agencies to retain marketing and implementation activities in the course of its coordination. The department will coordinate agencies such that they retain a measure of independence and freedom of action in marketing their own specific activities and functions, consistently with the State-wide Tourism Marketing Program. (3) Cooperation. In addition to the specific administrative instructions of this Code section, the department, the Georgia Technology Authority, the Department of Administrative Services, and agencies and other departments and state authorities will assist and cooperate with one another for the purposes of this Code section. (4) Budget. The department may establish an annual budget covering all the costs of establishing and implementing the State-wide Tourism Marketing Program and determine an equitable basis for prorating all or part of the annual costs among the agencies, subject to approval by the Governor. Upon approval, the Governor may direct that the necessary pro rata share of the agencies assessed be made available for expenditure by the department in the same manner as appropriated funds. (5) Exclusion from APA. Coordination of marketing and implementation of marketing for promotion of tourism will not be subject to the 'Georgia Administrative Procedure Act,' Article 1 of Chapter 13 of Title 50.

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(6) Agency publications. Without limitation, the department may determine when the publication of official reports and similar documents, and the production of similar material in other media (such as film, video, sound, and other electronic forms) are deemed conducive to promoting tourism. Agencies will then publish or produce such material and information using themes, 'look,' and other marketing elements promulgated by the department for the State-wide Tourism Marketing Program. (e) Georgia Tourism Foundation. (1) Establishment. There is hereby established the Georgia Tourism Foundation, existing as a public corporation and instrumentality of the state, exclusively limited to the following charitable and public purposes and powers:
(A) To solicit and accept contributions of money and in-kind contributions of services and property for the State-wide Tourism Marketing Program; (B) To make and disburse contributions to the department for such purposes; (C) To seek recognition of tax exempt status by the United States Internal Revenue Service and to seek confirmation concerning the deductibility of contributions; (D) To formulate recommendations for the State-wide Tourism Marketing Program; (E) Subject to approval of the Governor, to create subsidiaries with like character and powers but with limited missions keyed to particular component programs and activities of the departments State-wide Tourism Marketing Program; and (F) To provide for additional officers and governance through bylaws which are consistent with the goals of lessening the government burden in promoting tourism, establishing and maintaining tax exempt status, and soliciting deductible contributions. (2) Members. The governance of the Georgia Tourism Foundation shall be in members, consisting of: (A) The commissioner of economic development, who will be chairperson; (B) The commissioner of natural resources; (C) Each of the executive directors of the Jekyll Island-State Park Authority, Stone Mountain Memorial Association, Lake Lanier Islands Authority, Agricultural Exposition Authority, North Georgia Mountains Authority, and Southwest Georgia Railroad Excursion Authority; (D) One representative each from the Aviation, Music, Sports, and Golf Halls of Fame; and (E) Additional private members appointed by the Governor under foundation bylaws. The chairpersons of the Senate Economic Development Committee and the House Economic Development and Tourism Committee shall serve as ex officio nonvoting members of the foundation. (3) Administration. The Georgia Tourism Foundation will be attached to the department for administrative purposes. The Attorney General will be the attorney for the foundation. The department may solicit and accept contributions from the foundation and authorize agencies to do so. The department may cooperate and

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contract with the foundation for their mutual benefit and authorize agencies to do so. Upon any dissolution of the foundation, its assets will devolve in trust to the department or its successor for use only for marketing to promote tourism for Georgia. (4) Public purpose. The creation of the Georgia Tourism Foundation and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public and charitable purpose. Further, the foundation will be performing an essential governmental function in the exercise of the powers conferred upon it by this Code section. Accordingly, the foundation shall not be subject to taxation or assessment in any manner, including without limitation taxation or assessment upon any transaction, income, money, or other property or activity. The exemptions granted in this Code section may not be extended to any private person or entity."
SECTION 2. Said Title 50 is further amended by striking paragraph (9) of Code Section 50-7-8, relating to powers of the Board of Economic Development, and inserting in its place a new paragraph to read as follows:
"(9) To solicit and 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;"
SECTION 3. Said Title 50 is further amended by striking the word "and" at the end of paragraph (10) and by striking paragraph (11) of said Code Section 50-7-8 and inserting in its place new paragraphs to read as follows:
"(11) To authorize the Department of Economic Development to participate with public and private groups, organizations, and businesses in joint advertising and promotional marketing projects that promote the economic and tourist development of the State of Georgia and make efficient use of state appropriated advertising and promotional marketing 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 paragraph, the department shall be exempt from the provisions of Chapter Chapters 5 and 25 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. In this paragraph, 'marketing' means promotion, advertising, signage, public relations, press relations, branding, and use of a 'look'; creation, use, and licensing of trademark,

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copyright, and other intellectual property; discounts; and other activities of similar nature or within the term as it is commonly understood. The department will utilize competitive procedures and the Georgia Registry whenever in its reasonable discretion it is in the best interest of the state to do so. The Georgia Technology Authority will retain its authority over technology but will defer to the department in matters of marketing of economic development and implementation in such overlapping areas as creation of kiosks and web page design and operation. The Department of Administrative Services will retain its authority over purchasing in areas not peculiarly germane to marketing implementation, such as printing and shipping, but will defer to the department in matters of marketing of economic development and implementation in overlapping areas; (12) To assist the Georgia Music Hall of Fame Authority for any purpose necessary or incidental in the administration and performance of the Georgia Music Hall of Fame Authoritys duties, powers, responsibilities, and functions as provided in Part 10 of Article 7 of Chapter 3 of Title 12; (13) To enter into contracts with the Georgia Music Hall of Fame Authority for any purpose necessary or incidental in assisting the Georgia Music Hall of Fame Authority in carrying out or performing its duties, responsibilities, and functions; provided, however, that all such assistance shall be performed on behalf of and pursuant to the lawful purposes of the Georgia Music Hall of Fame Authority and not on behalf of the department; and provided, further, that such assistance shall not include the authorization of the issuance of any bonds or other indebtedness of the authority. The department may undertake joint or complementary programs with the Georgia Music Hall of Fame Authority, including the provision for joint or complementary services, within the scope of their respective powers; and (14) To induce, by payment of state funds or other consideration, any agency or authority assigned to the department for administrative purposes to perform the agency or authoritys statutory functions."
SECTION 4. Said Title 50 is further amended by striking paragraph (8) subsection (b) of Code Section 50-8-3, relating to powers of the Department of Community Affairs, and inserting in its place a new paragraph to read as follows:
"(8) Assist the Georgia Music Hall of Fame Authority for any purpose necessary or incidental in the administration and performance of the Georgia Music Hall of Fame Authoritys duties, powers, responsibilities, and functions as provided in Part 10 of Article 7 of Chapter 3 of Title 12 Reserved; and"
SECTION 5. Said Title 50 is further amended by striking subsection (d) of Code Section 50-8-9, relating to the contracts of the Department of Community Affairs, and inserting in its place a new subsection to read as follows:

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"(d) The department shall have the power to enter into contracts with the Georgia Music Hall of Fame Authority for any purpose necessary or incidental in assisting the Georgia Music Hall of Fame Authority in carrying out or performing its duties, responsibilities, and functions; provided, however, that all such assistance shall be performed on behalf of and pursuant to the lawful purposes of the Georgia Music Hall of Fame Authority and not on behalf of the department; and provided, further, that such assistance shall not include the authorization of the issuance of any bonds or other indebtedness of the authority. The department may undertake joint or complementary programs with the Georgia Music Hall of Fame Authority, including the provision for joint or complementary services, within the scope of their respective powers. Reserved."
SECTION 6. Said Title 50 is further amended by striking subsection (b) of Code Section 50-12-64, relating to the Golf Hall of Fame, and inserting in its place a new subsection (b) to read as follows:
"(b) The board is assigned to the Department of Administrative Services Department of Economic Development for administrative purposes only, as specified in Code Section 50-4-3."
SECTION 7. Said Title 50 is further amended by striking subsection (b) of Code Section 50-12-70, relating to the Aviation Hall of Fame, and inserting in its place a new subsection (b) to read as follows:
"(b) The board is assigned to the Department of Administrative Services Department of Economic Development for administrative purposes only, as specified in Code Section 50-4-3."
SECTION 8. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources is amended by striking subsections (b), (c), and (d) of Code Section 12-3-522, relating to the Music Hall of Fame Authority, and inserting in their place new subsections to read as follows:
"(b) The authority shall consist of the same persons who comprise the Board of Community Affairs. The terms of all members of the authority serving immediately prior to July 1, 1998, shall expire effective July 1, 1998. nine members. Initially, members shall serve staggered terms of office as follows: two members for one year, two members for two years, two members for three years, and three members for four years. Thereafter, each member shall serve for a term of four years. All members shall be appointed by the Governor and confirmed by the Senate and shall serve until the appointment and qualification of their successors. The members appointed by the Governor shall be selected from the state at large but shall be representative of all of the geographic areas of the state. Such members also shall represent the states music

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industry. The Governor is authorized to appoint any elected or appointed state, county, municipal, or school board official or employee, except officials and employees of the legislative or judicial branches of state government, as members of the authority, and any person so appointed is authorized to serve as a member of the authority. All successors shall be appointed in the same manner as original appointments. Vacancies in office shall be filled in the same manner as original appointments. An appointment to fill a vacancy shall be for the unexpired term.
(c)(1) Each member shall serve under the same terms and conditions as provided for in Code Section 50-8-4. The authority shall hold a meeting each year in July, and, at each July meeting, the authority shall elect its own officers. Officers shall serve for terms of one year each beginning with their election and qualification and ending with the election and qualification of their respective successors. No person shall hold the same office for more than one consecutive term, and no member of the authority shall hold more than any one office of the authority. No vacancy on the authority shall impair the right of the quorum to exercise all rights and perform all duties of the authority. (2) The authority is assigned to the Department of Economic Development for administrative purposes only, as specified in Code Section 50-4-3. (d) The members of the authority Each member of the authority who is not otherwise a state officer or employee shall receive for each day that such members are member is in attendance at a meeting of the authority a daily expense allowance and reimbursement for transportation costs as provided for in Code Section 45-7-21; and the. Each member of the authority who is otherwise an officer or employee of a state agency or authority may be reimbursed by that agency or authority for meals, transportation, and lodging in the usual manner authorized by law for such officers and employees. The members of the authority shall not receive any duplicate or other compensation for their services as such. Notwithstanding the foregoing, no member shall receive an expense allowance or transportation reimbursement if such member is entitled to receive an expense allowance, transportation reimbursement, or per diem allowance for performance of duties as a member of the Board of Community Affairs for work performed on that day."
SECTION 9. Said Title 12 is further amended by striking subsection (h) of said Code Section 12-3522, relating to the Music Hall of Fame Authority, and inserting in its place a new subsection to read as follows:
"(h) The commissioner of community affairs economic development shall be the executive director of the authority. The executive director shall appoint such directors, deputies, assistants, and other staff members as may be necessary to manage the operations of the authority and may organize the authority into such divisions, sections, or offices as may be deemed necessary or convenient."
SECTION 10.

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Said Title 12 is further amended by striking paragraph (3) of Code Section 12-3-524, relating to the powers of the Music Hall of Fame Authority, and inserting in its place a new paragraph to read as follows:
"(3) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts and fiscal agents; to contract for the services of individuals or organizations not employed full time by the authority who or which are engaged primarily in the rendition of personal services rather than the sale of goods or merchandise, such as, but not limited to, the services of accountants, engineers, architects, consultants, and advisers, and to allow suitable compensation for such services; including the power to contract with the Department of Community Affairs Economic Development or any other department for professional, technical, clerical, and administrative support as may be required and to make provisions for group insurance, retirement, or other employee benefit arrangements, provided that no part-time or contract employees shall participate in group insurance or retirement benefits;"
SECTION 11. Said Title 12 is further amended by striking paragraph (23) of said Code Section 12-3524, relating to the powers of the Music Hall of Fame Authority, and inserting in its place a new paragraph to read as follows:
"(23) The authority shall have the power to contract with the Department of Community Affairs Economic Development or any other department for any purpose necessary or incidental to carrying out or performing the duties, responsibilities, or functions of the authority in exercising the power and management of the authority; provided, however, that such contracts shall not delegate the authorization of the issuance of any bonds or other indebtedness of the authority. No part of the funds or assets of the authority shall be distributed to the Department of Community Affairs Economic Development or any other department, authority, or agency of the state unless otherwise provided by law, except that the authority shall be authorized and empowered to pay reasonable compensation for services rendered and to reimburse expenses incurred and except as may be deemed necessary or desirable by the authority to fulfill the purposes of the authority as set forth in this chapter part. Nothing in this paragraph shall be construed as precluding the provision, by the Department of Community Affairs Economic Development, any other department, authority, or agency of the state, or the authority, of joint or complementary services or programs within the scope of their respective powers."
SECTION 12. Said Title 12 is further amended by striking Code Section 12-3-534, relating to the power of the Department of Community Affairs to construct a project for the Music Hall of Fame Authority, and inserting in its place a new Code section to read as follows:
"12-3-534.

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The Department of Community Affairs Economic Development is authorized to construct, erect, acquire, and own exercise custodial responsibility over the project, as defined in this part, the ownership of which shall be in the state. The costs of any such project may be paid from the proceeds of state general obligation or guaranteed revenue debt. The department is authorized to contract with the authority, the State Properties Commission, the Georgia State Financing and Investment Commission, or with any other department, agency, commission, board, official, or person for the construction, operation, maintenance, funding, design, or use of such project."
SECTION 13. Said Title 12 is further amended by striking Code Section 12-3-536, relating to a transfer of employees of the Music Hall of Fame Authority, and inserting in its place a new Code section to read as follows:
"12-3-536. (a) Effective July 1, 1998, without diminishing the powers of the authority pursuant to Code Section 12-3-524, all personnel positions authorized by the authority in fiscal year 1998 shall be transferred to the Department of Community Affairs. All employees of the authority on June 30, 1998, whose positions are transferred by the authority to the Department of Community Affairs shall become employees of the Department of Community Affairs and shall become employees in the unclassified service of the state merit system as defined in Code Section 45-20-6. (b) Upon the effective date of this subsection, the functions of the Board of Community Affairs, Department of Community Affairs, and commissioner of community affairs respecting the Music Hall of Fame Authority are transferred to the Department of Economic Development. The commissioner of economic development and the commissioner of community affairs shall arrange administratively for the transfer of records, equipment, and facilities for such transferred functions. The personnel positions authorized by the Department of Community Affairs shall be transferred to the Department of Economic Development, and all employees of the Department of Community Affairs whose positions are transferred shall become employees of the Department of Economic Development with no break in service and in the classified or unclassified service as they were at the Department of Community Affairs."
SECTION 14. Said Title 12 is further amended by striking subsection (g) of Code Section 12-3-562, relating to the Sports Hall of Fame Authority, and inserting in its place a new subsection to read as follows:
"(g) The authority is assigned to the Department of Community Affairs Department of Economic Development for administrative purposes only."
SECTION 15. Said Title 12 is further amended by striking Code Section 12-3-574, relating to the

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project of the Sports Hall of Fame Authority, and inserting in its place a new Code section to read as follows:
"12-3-574. The Department of Community Affairs Economic Development is authorized to construct, erect, acquire, and own exercise custodial responsibility over the project, as defined in this part, the ownership of which shall be in the state. The costs of any such project may be paid from the proceeds of state general obligation or guaranteed revenue debt. The department is authorized to contract with the authority, the State Properties Commission, the Georgia State Financing and Investment Commission, or with any other department, agency, commission, board, official, or person for the construction, operation, maintenance, funding, design, or use of such project."

SECTION 16. Said Title 12 is further amended in Code Section 12-3-582, relating to the Golf Hall of Fame Authority, by adding a new subsection (i) to read as follows:
"(i) The authority is assigned to the Department of Economic Development for administrative purposes only, as specified in Code Section 50-4-3."

SECTION 17. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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:

Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown

Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson E Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J

Y Holmes Holt
Y Horne Houston
Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James
Jamieson Y Jenkins E Jennings Y Johnson
Jones, J Jones, S

Y Maxwell Y May Y McCall Y McClinton Y Meadows
Millar Y Miller E Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C
Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V

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Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns
Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman, B Y Coleman, T Y Cooper Y Cox

Y Fludd Y Forster N Franklin Y Freeman Y Gardner Y Geisinger E Golick Y Graves, D Y Graves, T Y Greene Y Hanner
Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Jordan Keen
Y Keown Y Kidd Y Knight
Knox Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Neal Y Oliver Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B
Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet
Thomas, A.M Y Thomas, B Y Tumlin
Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 146, nays 1.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Jones of the 44th, Jones of the 46th, Keen of the 179th, and Thomas of the 55th 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 183. By Representative Barnard of the 166th:

A BILL to be entitled an Act to amend Code Section 45-7-54 of the Official Code of Georgia Annotated, relating to government employees payroll deductions for certain not for profit organizations, so as to provide for deductions for certain additional types of organizations and by certain additional types of employees; 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:

Abdul-Salaam Y Amerson
Anderson Y Ashe

Crawford Y Cummings Y Davis Y Day

Y Holmes Holt
Y Horne Houston

Y Maxwell Y May Y McCall Y McClinton

Sailor Scheid Y Scott, A Y Scott, M

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Y Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns
Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman, B Coleman, T Y Cooper Y Cox

Dean Y Dickson E Dodson E Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger E Golick Y Graves, D Y Graves, T Y Greene
Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K N Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James
Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan
Keen Y Keown Y Kidd Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Meadows Y Millar Y Miller E Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B
Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Setzler Y Shaw
Sheldon Y Sims, C
Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin
Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 150, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

Representative Keen of the 179th 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 240. By Representatives Day of the 163rd, Neal of the 1st and Horne of the 71st:

A BILL to be entitled an Act to amend Code Section 45-9-104 of the Official Code of Georgia Annotated, relating to submission of applications for claims for disability of a law enforcement officer or firefighter, so as to provide that claims for temporary disability shall be submitted within 60 days of the incident resulting in the disability; to provide an effective date; to repeal conflicting laws; and for other purposes.

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The following Committee substitute was read and adopted:

A BILL

To amend Code Section 45-9-104 of the Official Code of Georgia Annotated, relating to submission of applications for claims for disability of a law enforcement officer or firefighter, so as to provide that claims for temporary disability shall be submitted within 60 days of the incident resulting in the disability; 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 45-9-104 of the Official Code of Georgia Annotated, relating to submission of applications for claims for disability of a law enforcement officer or firefighter, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) An application for compensation with respect to a claim filed on or after July 1, 2001, for the temporary disability of a law enforcement officer or firefighter shall be submitted by that person within 30 60 days from the date of the incident resulting in disability."

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:

Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton

Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson E Dollar Y Drenner Y Dukes

Y Holmes Y Holt Y Horne
Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James

Y Maxwell Y May
McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan

Y Sailor Y Scheid E Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C
Sims, F Y Sinkfield

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Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns
Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger E Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan
Keen Y Keown Y Kidd Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord
Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin
Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, 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.

Representative Keen of the 179th 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 309. By Representatives Forster of the 3rd, Rynders of the 152nd, Cooper of the 41st, Hembree of the 67th, Burmeister of the 119th and others:

A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, Code Section 44-5-150 of the Official Code of Georgia Annotated, relating to the duties of the Advisory Board on Anatomical Gift Procurement, and Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to correct the names of committees of the General Assembly; 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.

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

Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson E Dollar Y Drenner
Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger E Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield
Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C
Hill, C.A

Y Holmes Y Holt Y Horne
Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James
Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan
Keen Y Keown Y Kidd Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sailor Y Scheid E Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C
Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre
Stanley-Turner Y Stephens Y Stephenson Y Talton
Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 156, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

Representatives Heard of the 104th and Keen of the 179th 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.

Due to a mechanical malfunction, the vote of Representative Dukes of the 150th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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HB 406. By Representatives Willard of the 49th and Oliver of the 83rd:
A BILL to be entitled an Act to amend Article 10 of Chapter 12 of Title 53 of the O.C.G.A., relating to allocation of principal and income, so as to change provisions relating to the duty of the trustee as to receipts and expenditures; to provide for general principles relating to the allocation of principal and income; to provide for the discretionary power of a trustee to adjust the trust receipts between principal and income; to provide for requirements and prohibitions in adjustments; to provide for the criteria and procedure for conversion to a unitrust; to provide for judicially approved conversion; to provide for requirements and prohibitions in conversions; to provide for remedies; to correct a cross-reference; to amend Article 9 of Chapter 12 of Title 53 of the O.C.G.A., relating to trustees duties and liabilities; to amend Code Section 15-9-127 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 Article 10 of Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to allocation of principal and income, so as to change provisions relating to the duty of the trustee as to receipts and expenditures; to provide for general principles relating to the allocation of principal and income; to provide for the discretionary power of a trustee to adjust the trust receipts between principal and income; to provide for requirements and prohibitions in adjustments; to provide for the criteria and procedure for conversion to a unitrust; to provide for judicially approved conversion; to provide for requirements and prohibitions in conversions; to provide for remedies; to correct a cross-reference; to amend Article 9 of Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to trustees duties and liabilities, so as to provide for exclusions of certain remedies; to amend Code Section 15-9-127 of the Official Code of Georgia Annotated, relating to a probate courts additional concurrent jurisdiction with the superior court, so as to provide for concurrent jurisdiction for probate courts and superior courts on certain matters; 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 15-9-127 of the Official Code of Georgia Annotated, relating to a probate courts additional concurrent jurisdiction with the superior court, is amended by striking the word "and" from the end of paragraph (6), by striking the symbol "." at the end of

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paragraph (7) and inserting in lieu thereof the symbol and word "; and", and by adding a new paragraph (8) to read as follows:
"(8) Conversion to a unitrust and related matters pursuant to Code Section 53-12221."
SECTION 2. Article 9 of Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to trustees duties and liabilities, is amended by striking subsection (a) of Code Section 5312-192, relating to actions and remedies in breach of trust, and inserting in lieu thereof the following:
"(a) If Notwithstanding the remedy set forth in subsection (c) of Code Section 53-12222 for an abuse of discretion as provided in Code Sections 53-12-220 and 53-12-221, if a trustee commits a breach of trust, or threatens to commit a breach of trust, a beneficiary shall have a cause of action:
(1) To recover damages; (2) To compel the trustee to perform the trustees duties; (3) To enjoin the trustee from committing a breach of trust; (4) To compel the trustee to redress a breach of trust by payment of money or otherwise; (5) To appoint a receiver or temporary trustee to take possession of the trust property and administer the trust; (6) To remove the trustee; (7) To reduce or deny compensation of the trustee."
SECTION 3. Said article is further amended by striking subsection (a) of Code Section 53-12-193, relating to measure of liability of trustee to beneficiary, and inserting in lieu thereof the following:
"(a) A Notwithstanding the remedy set forth in subsection (c) of Code Section 53-12222 for an abuse of discretion as provided in Code Sections 53-12-220 and 53-12-221, a trustee who commits a breach of trust is personally chargeable with any damages resulting from the breach of trust including but not limited to:
(1) Any loss or depreciation in value of the trust property as a result of the breach of trust with interest; (2) Any profit made by the trustee through the breach of trust with interest; (3) Any amount that would reasonably have accrued to the trust or beneficiary if there had been no breach of trust with interest; and (4) In the discretion of the court, expenses of litigation, including reasonable attorneys fees incurred by the beneficiary in bringing an action on the breach or threat to commit a breach."
SECTION 4. Article 10 of Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating

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to allocation of principal and income, is amended by striking in its entirety Code Section 53-12-211, relating to the duty of a trustee as to receipts and expenditures, and inserting in lieu thereof the following:
"53-12-211. (a) A trust shall be administered with due regard to the respective interests of income beneficiaries and remainder beneficiaries. A trust is so administered with respect to the allocation of receipts and expenditures if a receipt is credited or an expenditure is charged to income or principal or partly to each:
(1) In accordance with the terms of the trust notwithstanding contrary provisions of this chapter; (2) In the absence of any contrary terms of the trust in accordance with the provisions of this chapter; or (3) If neither of the preceding rules of administration is applicable, in accordance with what is reasonable and equitable in view of:
(A) The interests of income beneficiaries as well as of remainder beneficiaries; and (B) The manner in which a prudent person acting in a like capacity would act in the management of the property of another. (b) If the trust gives the trustee discretion in crediting a receipt or charging an expenditure to income or principal or partly to each, no inference that the trustee has improperly exercised such discretion shall arise from the fact that the trustee has made an allocation contrary to a subsequent provision of this chapter. (a) In allocating receipts and disbursements to or between principal and income and with respect to any matter within the scope of this chapter, the following shall apply: (1) A trustee shall administer a trust in accordance with the governing instrument, even if there is a different provision in this chapter; (2) A trustee may administer a trust by the exercise of a discretionary power of administration regarding a matter within the scope of this chapter given to the trustee by the governing instrument, even if the exercise of the power produces a result different from a result required or permitted by this chapter. No inference that the trustee has improperly exercised the discretionary power shall arise from the fact that the trustee has made an allocation contrary to a provision of this chapter; (3) A trustee shall administer a trust in accordance with this chapter if the governing instrument does not contain a different provision or does not give the trustee a discretionary power of administration regarding a matter within the scope of this chapter; and (4) A trustee shall add a receipt or charge a disbursement to principal to the extent that the governing instrument and this chapter do not provide a rule for allocating the receipt or disbursement to or between principal and income. (b) In exercising a discretionary power of administration regarding a matter within the scope of this chapter, whether granted by the governing instrument or this chapter, including Code Section 53-12-220, relating to a trustees power to adjust, and Code Section 53-12-221, relating to the power to convert to unitrust, a trustee shall

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administer a trust impartially based on what is fair and reasonable to all of the beneficiaries, except to the extent that the governing instrument clearly manifests an intention that the trustee shall or may favor one or more of the beneficiaries. A determination in accordance with this chapter is presumed to be fair and reasonable to all of the beneficiaries."
SECTION 5. Said article is further amended by striking Code Section 53-12-218, relating to timber, and inserting in lieu thereof the following:
"53-12-218. If any part of the principal consists of land from which merchantable timber may be removed, the receipts from taking the timber from the land shall be allocated in accordance with paragraph (3) of subsection (a) of Code Section 53-12-211."
SECTION 6. Said article is further amended by adding at the end thereof three new Code Sections 5312-220, 53-12-221, and 53-12-222 to read as follows:
"53-12-220. (a) Subject to subsections (c) and (f) of this Code section, a trustee may adjust between principal and income by allocating an amount of income to principal or an amount of principal to income to the extent the trustee considers appropriate if:
(1) The governing instrument describes what may or must be distributed to a beneficiary by referring to the trusts income; and (2) The trustee determines, after applying the rules in subsection (a) of Code Section 53-12-211, that the trustee is unable to comply with subsection (b) of Code Section 53-12-211. (b) In deciding whether and to what extent to exercise the power conferred by subsection (a) of this Code section, a trustee may consider, among other things, all of the following: (1) The size of the trust; (2) The nature and estimated duration of the trust; (3) The liquidity and distribution requirements of the trust; (4) The needs for regular distributions and preservation and appreciation of capital; (5) The expected tax consequences of an adjustment; (6) The net amount allocated to income under this chapter and the increase or decrease in the value of the principal assets, which the trustee may estimate as to assets for which market values are not readily available; (7) The assets held in the trust; the extent to which they consist of financial assets, interests in closely held enterprises, and tangible and intangible personal property or real property; the extent to which an asset is used by a beneficiary; and whether an asset was purchased by the trustee or received from the settlor or testator; (8) To the extent reasonably known to the trustee, the needs of the beneficiaries for present and future distributions authorized or required by the governing instrument;

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1099

(9) Whether and to what extent the governing instrument gives the trustee the power to invade principal or accumulate income or prohibits the trustee from invading principal or accumulating income, and the extent to which the trustee has exercised a power from time to time to invade principal or accumulate income; (10) The intent of the settlor or testator; and (11) The actual and anticipated effect of economic conditions on principal and income and effects of inflation and deflation on the trust. (c) A trustee may not make an adjustment under this Code section if any of the following apply: (1) The adjustment would diminish the income interest in a trust which requires all of the income to be paid at least annually to a spouse and for which a federal estate tax or gift tax marital deduction would be allowed, in whole or in part, if the trustee did not have the power to make the adjustment; (2) The adjustment would reduce the actuarial value of the income interest in a trust to which a person transfers property with the intent to qualify for a federal gift tax exclusion; (3) The adjustment would change the amount payable to a beneficiary as a fixed annuity or a fixed fraction of the value of the trust assets; (4) The adjustment is from any amount which is permanently set aside for charitable purposes under the governing instrument and for which a federal estate or gift tax deduction has been taken, unless both income and principal are so set aside; (5) If:
(A) Possessing or exercising the power to make an adjustment would cause an individual to be treated as the owner of all or part of the trust for federal income tax purposes; and (B) The individual would not be treated as the owner if the trustee did not possess the power to make an adjustment; (6) If: (A) Possessing or exercising the power to make an adjustment would cause all or part of the trust assets to be subject to federal estate, gift, or generation-skipping transfer tax with respect to an individual; and (B) The assets would not be subject to federal estate, gift, or generation-skipping tax with respect to the individual if the trustee did not possess the power to make an adjustment; (7) If the trustee is a beneficiary of the trust; or (8) If the trust has been converted under Code Section 53-12-221. (d) If paragraph (5), (6), or (7) of subsection (c) of this Code section applies to a trustee and there is more than one trustee, a cotrustee to whom the provision does not apply may make the adjustment unless the exercise of the power by the remaining trustee or trustees is prohibited by the governing instrument. (e)(1) If paragraph (2) of this subsection applies, a trustee may release any of the following: (A) The entire power conferred by subsection (a) of this Code section;

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(B) The power to adjust from income to principal; or (C) The power to adjust from principal to income. (2) A release under paragraph (1) of this subsection is permissible if either of the following apply: (A) The trustee is uncertain about whether possessing or exercising the power will cause a result described in paragraphs (1) through (6) of subsection (c) of this Code section; or (B) The trustee determines that possessing or exercising the power will or may deprive the trust of a tax benefit or impose a tax burden not described in subsection (c) of this Code section. (3) The release may be permanent or for a specified period, including a period measured by the life of an individual. (f) A governing instrument which limits the power of a trustee to make an adjustment between principal and income does not affect the application of this Code section unless it is clear from the governing instrument that it is intended to deny the trustee the power of adjustment conferred by subsection (a) of this Code section.
53-12-221. (a) Unless expressly prohibited by the governing instrument, a trustee may release the power to adjust under Code Section 53-12-220 and convert a trust into a unitrust as described in this Code section if all of the following apply:
(1) The trustee determines that the conversion will enable the trustee to better carry out the intent of the settlor or testator and the purposes of the trust; (2) The trustee gives written notice of the trustees intention to release the power to adjust and to convert the trust into a unitrust and of how the unitrust will operate, including what initial decisions the trustee will make under this Code section, to all the sui juris beneficiaries who:
(A) Are currently eligible to receive income from the trust; and (B) Would receive, if no powers of appointment were exercised, a distribution of principal if the trust were to terminate immediately prior to the giving of notice; (3) There is at least one sui juris beneficiary under subparagraph (A) of paragraph (2) of this subsection and at least one sui juris beneficiary under subparagraph (B) of paragraph (2) of this subsection; and (4) No sui juris beneficiary objects to the conversion to a unitrust in a writing delivered to the trustee within 60 days of the mailing of the notice under paragraph (2) of this subsection. (b)(1) The trustee may petition the superior court to approve the conversion to a unitrust. (2) A beneficiary may request a trustee to convert to a unitrust. If the trustee does not convert, the beneficiary may petition the superior court to order the conversion. (3) The court shall approve the conversion or direct the requested conversion if the court concludes that the conversion will enable the trustee to better carry out the intent of the settlor or testator and the purposes of the trust.

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(c) In deciding whether to exercise the power to convert to a unitrust as provided by subsection (a) of this Code section, a trustee may consider, among other things, all of the following:
(1) The size of the trust; (2) The nature and estimated duration of the trust; (3) The liquidity and distribution requirements of the trust; (4) The needs for regular distributions and preservation and appreciation of capital; (5) The expected tax consequences of the conversion; (6) The assets held in the trust; the extent to which they consist of financial assets, interests in closely held enterprises, and tangible and intangible personal property or real property; and the extent to which an asset is used by a beneficiary; (7) To the extent reasonably known to the trustee, the needs of the beneficiaries for present and future distributions authorized or required by the governing instrument; (8) Whether and to what extent the governing instrument gives the trustee the power to invade principal or accumulate income or prohibits the trustee from invading principal or accumulating income and the extent to which the trustee has exercised a power from time to time to invade principal or accumulate income; and (9) The actual and anticipated effect of economic conditions on principal and income and effects of inflation and deflation on the trust. (d) After a trust is converted to a unitrust, all of the following apply: (1) The trustee shall follow an investment policy seeking a total return for the investments held by the trust, whether the return is to be derived from:
(A) Appreciation of capital; (B) Earnings and distributions from capital; or (C) Both appreciation of capital and earnings and distributions from capital; (2) The trustee shall make regular distributions in accordance with the governing instrument construed in accordance with the provisions of this Code section; (3) The term 'income' in the governing instrument shall mean an annual unitrust distribution equal to 4 percent of the net fair market value of the trusts assets, whether such assets would be considered income or principal under other provisions of this chapter, averaged over the lesser of: (A) The three preceding years; or (B) The period during which the trust has been in existence; (4) The trustee can determine the fair market value of the property in the trust by appraisal or other reasonable method or estimate; and (5) The fair market value of the trust property shall not include the value of any residential property or any tangible personal property that, as of the first business day of the current valuation year, one or more of the current beneficiaries of the trust have or had the right to occupy or have had the right to possess or control, other than in his or her capacity as trustee of the trust, and instead the right of occupancy or the right to possession or control shall be deemed to be the unitrust amount with respect to such residential property. (e) The trustee may in the trustees discretion from time to time determine all of the

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following: (1) The effective date of a conversion to a unitrust; (2) The provisions for prorating a unitrust distribution for a short year in which a beneficiarys right to payments commences or ceases; (3) The frequency of unitrust distributions during the year; (4) The effect of other payments from or contributions to the trust on the trusts valuation; (5) Whether to value the trusts assets annually or more frequently; (6) What valuation dates to use; (7) How frequently to value nonliquid assets and whether to estimate their value; and (8) Any other matters necessary for the proper functioning of the unitrust. (f)(1) Expenses which would be deducted from income if the trust were not a unitrust may not be deducted from the unitrust distribution. (2) Unless otherwise provided by the governing instrument, the unitrust distribution shall be paid from net income, as such term would be determined if the trust were not a unitrust. To the extent net income is insufficient, the unitrust distribution shall be paid from net realized short-term capital gains. To the extent income and net realized short-term capital gains are insufficient, the unitrust distribution shall be paid from net realized long-term capital gains. To the extent income and net realized short-term and long-term capital gains are insufficient, the unitrust distribution shall be paid from the principal of the trust.
(g) The trustee or, if the trustee declines to do so, a beneficiary may petition the superior court to:
(1) Select a payout percentage different than 4 percent; (2) Provide for a distribution of net income, as would be determined if the trust were not a unitrust, in excess of the unitrust distribution if such distribution is necessary to preserve a tax benefit; (3) Average the valuation of the trusts net assets over a period other than three years; or (4) Reconvert from a unitrust. Upon a reconversion, the power to adjust under Code Section 53-12-220 shall be revived. (h) A conversion to a unitrust does not affect a provision in the governing instrument directing or authorizing the trustee to distribute principal or authorizing a beneficiary to withdraw a portion or all of the principal. (i) A trustee may not convert a trust into a unitrust in any of the following circumstances: (1) If the conversion would result in the disallowance of a federal estate tax or gift tax marital deduction which would be allowed if the trustee did not have the power to convert; (2) If payment of the unitrust distribution would change the amount payable to a beneficiary as a fixed annuity or a fixed fraction of the value of the trust assets; (3) If the unitrust distribution would be made from any amount which is permanently set aside for charitable purposes under the governing instrument and for which a

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federal estate or gift tax deduction has been taken, unless both income and principal are so set aside; (4) If:
(A) Possessing or exercising the power to convert would cause an individual to be treated as the owner of all or part of the trust for federal income tax purposes; and (B) The individual would not be treated as the owner if the trustee did not possess the power to convert; or (5) If: (A) Possessing or exercising the power to convert would cause all or part of the trust assets to be subject to federal estate, gift, or generation-skipping transfer tax with respect to an individual; and (B) The assets would not be subject to federal estate, gift, or generation-skipping transfer tax with respect to the individual if the trustee did not possess the power to convert. (j)(1) If paragraph (4) or (5) of subsection (i) of this Code section applies to a trustee and there is more than one trustee, a cotrustee to whom the provision does not apply may convert the trust unless the exercise of the power by the remaining trustee or trustees is prohibited by the governing instrument; and (2) If paragraph (4) or (5) of subsection (i) of this Code section applies to all the trustees, the trustees may petition the superior court to direct a conversion. (k)(1) A trustee may release the power conferred by subsection (a) of this Code section to convert to a unitrust if either of the following apply: (A) The trustee is uncertain about whether possessing or exercising the power to convert will cause a result described in paragraph (4) or (5) of subsection (i) of this Code section; or (B) The trustee determines that possessing or exercising the power to convert will or may deprive the trust of a tax benefit or impose a tax burden not described in subsection (i) of this Code section. (2) The release of the power to convert may be permanent or for a specified period, including a period measured by the life of an individual.
53-12-222. (a) A court shall not change a trustees decision to exercise or not to exercise a discretionary power conferred by this chapter unless it determines that the decision was an abuse of the trustees discretion. (b) The decisions to which subsection (a) of this Code section apply include:
(l) A determination of whether and to what extent an amount should be transferred from principal to income or from income to principal; and (2) A determination of the factors that are relevant to the trust and its beneficiaries, the extent to which they are relevant, and the weight, if any, to be given to the relevant factors in deciding whether and to what extent to exercise the power conferred by this chapter.

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(c) Notwithstanding the actions and remedies and measure of liability for breach of trust as set forth in Code Sections 53-12-192 and 53-12-193, if a court determines that a trustee has abused its discretion regarding a discretionary power conferred by this chapter, the remedy is to restore the income and remainder beneficiaries to the positions they would have occupied if the trustee had not abused its discretion, according to the following rules:
(1) To the extent that the abuse of discretion has resulted in no distribution to a beneficiary or a distribution which is too small, the court shall require the trustee to distribute from the trust to the beneficiary an amount that the court determines will restore the beneficiary, in whole or in part, to the beneficiarys appropriate position; (2) To the extent that the abuse of discretion has resulted in a distribution to a beneficiary which is too large, the court shall restore the beneficiaries, the trust, or both, in whole or in part, to their appropriate positions by requiring the trustee to withhold an amount from one or more future distributions to the beneficiary who received the distribution that was too large or requiring that beneficiary or that beneficiarys estate to return some or all of the distribution to the trust, notwithstanding a spendthrift or similar provision; (3) If the abuse of discretion concerns the power to convert a trust into a unitrust, the court shall require the trustee either to convert into a unitrust or to reconvert from a unitrust; and (4) To the extent that the court is unable, after applying paragraphs (1), (2), and (3) of this subsection, to restore the beneficiaries, the trust, or both to the positions they would have occupied if the trustee had not abused its discretion, the court may require the trustee to pay an appropriate amount from its own funds to one or more of the beneficiaries, the trust, or both. (d) No provision of this Code section or this chapter is intended to create or imply a duty to make an adjustment under Code Section 53-12-220 or a conversion under Code Section 53-12-221, and a trustee is not liable for not considering whether to make an adjustment or a conversion for choosing not to make an adjustment or a conversion."

SECTION 7. 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:

Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard

Y Crawford Y Cummings Y Davis Y Day
Dean

Y Holmes Y Holt Y Horne
Houston Y Howard

Y Maxwell Y May
McCall Y McClinton Y Meadows

Y Sailor Scheid
Y Scott, A Y Scott, M Y Setzler

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Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter N Burmeister Y Burns N Butler Y Byrd
Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Dickson E Dodson E Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger E Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Hudson Y Hugley
Jackson Y Jacobs Y James
Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan
Keen Y Keown Y Kidd Y Knight
Knox Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver N O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese N Rice Y Roberts Y Rogers
Royal Y Rynders

Y Shaw Y Sheldon Y Sims, C
Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R
Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 152, nays 4.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Carter of the 159th, Keen of the 179th, Royal of the 171st, and Wix of the 33rd 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 444. By Representatives Graves of the 137th, Rogers of the 26th, Harbin of the 118th and Hembree of the 67th:

A BILL to be entitled an Act to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to change the 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

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as a land surveyor-in-training and for a certificate of registration as a land surveyor; 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:

Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce N Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson E Dollar
Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger E Golick Y Graves, D N Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C
Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James
Jamieson Y Jenkins E Jennings Y Johnson
Jones, J Y Jones, S Y Jordan Y Keen N Keown Y Kidd Y Knight
Knox Lakly Y Lane, B Y Lane, R Y Lewis N Lindsey Y Lord Y Loudermilk Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell N May Y McCall Y McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell Y Morgan N Morris Y Mosby N Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham Y Parrish
Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M N Setzler Y Shaw N Sheldon Y Sims, C
Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R N Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard N Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 147, nays 11.

The Bill, having received the requisite constitutional majority, was passed.

Representative Casas of the 103rd stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

WEDNESDAY, MARCH 2, 2005

1107

The Speaker Pro Tem assumed the Chair.
HB 459. By Representative Bridges of the 10th:
A BILL to be entitled an Act 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 of such retirement system seeking a disability retirement shall make written application to the board of trustees; to provide that the board of trustees may request relevant information from a disability beneficiary; to provide a penalty for failure to provide such information; to provide for a reduction in disability allowance if the disability beneficiary is found to be earning more than the difference between the disability allowance and the earnable compensation used to calculate such allowance; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
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 of such retirement system seeking a disability retirement shall make written application to the board of trustees; to provide that the board of trustees may request relevant information from a disability beneficiary; to provide a penalty for failure to provide such information; to provide for a reduction in disability allowance if the disability beneficiary is found to be earning more than the difference between the disability allowance and the earnable compensation used to calculate such allowance; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees Retirement System of Georgia, is amended by striking in its entirety Code Section 47-2-125, relating to reexamination of persons receiving disability benefits, effect of refusal to undergo examination, and effect of ability to engage in gainful employment, and inserting in lieu thereof the following:
"47-2-125. (a) Once each year during the first five years following the retirement of a member on a disability retirement allowance and once in every three-year period thereafter, the board of trustees may require a disability beneficiary who has not yet attained retirement age as specified in subsection (a) of Code Section 47-2-110 to undergo a medical examination, such examination to be made at the disability beneficiarys place

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of residence or other place mutually agreed upon, by physicians designated by the medical board. The disability beneficiary may request such an examination. Should any disability beneficiary who has not yet attained retirement age refuse to submit to such medical examination, the pension of such disability beneficiary may be discontinued by the board of trustees until the withdrawal of such refusal; and should the refusal continue for one year, all rights of the disability beneficiary in and to a pension may be revoked by the board of trustees. Should the medical board report and certify to the board of trustees that a disability beneficiary is engaged in or is able to engage in a gainful occupation paying more than the difference between the disability beneficiarys retirement allowance and the earnable compensation the disability beneficiary was receiving used to calculate the disability retirement allowance at the time of retirement, the board of trustees may reduce the disability beneficiarys pension to an amount which, together with the disability beneficiarys annuity and the amount earnable by the disability beneficiary, equals the earnable compensation the disability beneficiary was receiving used to calculate the disability retirement allowance at the time of retirement. Should the disability beneficiarys earning capacity be later changed, the amount of the pension may be further modified, provided that the modified pension shall not exceed an amount which, together with the disability beneficiarys annuity and the amount earnable by the disability beneficiary, equals the earnable compensation the disability beneficiary was receiving used to calculate the disability retirement allowance at the time of retirement. (b) The board of trustees may require a disability beneficiary who has not yet attained retirement age as specified in subsection (a) of Code Section 47-2-110 to provide information relevant to any provision of this chapter relating to his or her entitlement to receive a disability retirement. Should any disability beneficiary who has not yet attained retirement age refuse to submit any such information so requested, the board of trustees may suspend the retirement allowance of such disability beneficiary until such information is provided. Should the board of trustees receive information from any source that a disability beneficiary is engaged in an occupation paying more than the difference between the disability beneficiarys retirement allowance and the earnable compensation used to calculate the disability retirement allowance at the time of retirement, the board of trustees may reduce the disability beneficiarys pension to an amount which, together with the disability beneficiarys annuity and the amount earnable by the disability beneficiary, equals the earnable compensation used to calculate the disability retirement allowance at the time of retirement. Should the disability beneficiarys earnings later be changed, the amount of the pension may be further modified, provided that the modified pension shall not exceed an amount which, together with the disability beneficiarys annuity and the amount earnable by the disability beneficiary, equals the earnable compensation used to calculate the disability retirement allowance at the time of retirement."
SECTION 2.

WEDNESDAY, MARCH 2, 2005

1109

Said chapter is further amended by striking in its entirety subsection (a) of Code Section 47-2-221, relating to disability allowances payable to personnel for certain disabilities arising in the line of duty, and inserting in lieu thereof the following:
"(a)(1) Notwithstanding the disability allowance provided for in Code Section 47-2123, any member in service of the Uniform Division of the Department of Public Safety, any conservation ranger of the Department of Natural Resources, any officer or agent of the Georgia Bureau of Investigation, and any alcohol and tobacco officer or agent of the Department of Revenue who, while a contributing member of this retirement system and upon becoming permanently disabled due to an act of external violence or injury incurred in line of duty, becomes eligible for disability retirement allowances shall, upon making written application to the board of trustees either personally or through his or her employer and after a medical examination and upon certification by the medical board that such member is, in their opinion, permanently disabled, be entitled to a monthly allowance as computed on the members life expectancy without option. Such monthly allowance as shall be payable to the member only, during his or her life or length of disability, shall not exceed 80 percent of the service allowance that would have been payable to the member had he accumulated not more than 30 years of creditable service and had retired at age 65. Such allowance shall be computed on the basis of the members monthly earnable compensation for the month in which his or her permanent disability occurred. Such permanent disability retirement shall apply regardless of the length of service of any such member; and such member shall be deemed to have acquired 30 or more years of creditable service. In addition, a member so disabled in the line of duty shall receive a monthly supplemental benefit which shall be in the amount of $5.00 per month for each year of creditable service as a member of the Uniform Division of the Department of Public Safety, conservation ranger of the Department of Natural Resources, alcohol and tobacco officer or agent of the Department of Revenue, or as an officer or agent of the Georgia Bureau of Investigation. Such additional monthly supplemental benefit shall in no event exceed $150.00 per month. Any other provision of law to the contrary notwithstanding, any member of the Uniform Division of the Department of Public Safety who retired prior to July 1, 1970, as a result of becoming permanently disabled due to an act of external violence or injury incurred in the line of duty and who was a member of the retirement system on the date of the injury or act of violence shall be entitled to and shall receive the monthly supplemental benefit provided for in this subsection. (2) In lieu of the foregoing, any member so disabled in the line of duty shall be entitled to receive a minimum monthly disability retirement benefit equal to 2 percent of his or her monthly earnable compensation for the month in which his or her permanent disability occurred for each year of creditable service determined as though he or she had continued in service in the Uniform Division of the Department of Public Safety, as a conservation ranger of the Department of Natural Resources, as an alcohol and tobacco officer or agent of the Department of Revenue, or as an officer

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or agent of the Georgia Bureau of Investigation until his or her mandatory retirement age."

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:

Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G
Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan
Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson E Dollar
Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger E Golick
Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James
Jamieson Y Jenkins E Jennings
Johnson Jones, J Y Jones, S Jordan Y Keen Y Keown Y Kidd Y Knight Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall Y McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley
Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M
Setzler Y Shaw Y Sheldon Y Sims, C
Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T
Smith, V Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Williams, R Y Wix Y Yates Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 151, nays 0.

WEDNESDAY, MARCH 2, 2005

1111

The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Smyre of the 132nd 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 467. By Representatives Heard of the 104th, Franklin of the 43rd, Graves of the 12th, Morgan of the 39th and Cheokas of the 134th:
A BILL to be entitled an Act to amend Code Section 26-2-373 of the Official Code of Georgia Annotated, relating to promulgation of rules, regulations, and standards by the Department of Human Resources and county boards of health, so as to require additional standards on certain matters; 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 26-2-373 of the Official Code of Georgia Annotated, relating to promulgation of rules, regulations, and standards by the Department of Human Resources and county boards of health, so as to require additional standards on certain matters; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 26-2-373 of the Official Code of Georgia Annotated, relating to promulgation of rules, regulations, and standards by the Department of Human Resources and county boards of health, is amended by striking subsection (a) and inserting in lieu thereof the following:
"(a) For the purpose of protecting the public health, the Department of Human Resources shall have the power to adopt and promulgate such rules and regulations as it deems necessary and proper to carry out the purpose and intent of this article, including the establishment of reasonable standards of sanitation for food service establishments and such establishments which are also retail frozen dessert packagers and the examination and condemnation of unwholesome food therein. The Department of Human Resources shall establish a uniform grading sheet with respect to inspecting food service establishments for the purpose of meeting the standards established by the department, and such grading sheet shall be utilized statewide no later than January 1, 2006. The Department of Human Resources shall promulgate rules and regulations for posting the uniform grading sheet in each food service establishment. County boards of health are authorized to adopt and promulgate supplementary rules and regulations, including the establishment of reasonable standards of sanitation for food service

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establishments, consistent with those adopted and promulgated by the department and may provide a supplemental grading sheet which may supplement the state-wide grading sheet but shall not replace the state-wide grading sheet. The department and the county boards of health may obtain technical and laboratory assistance from the Department of Agriculture."

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:

Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G
Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson E Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger E Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James
Jamieson Y Jenkins E Jennings
Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight
Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon
Sims, C Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker

WEDNESDAY, MARCH 2, 2005

1113

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 Smyre of the 132nd 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 assumed the Chair.
HB 570. By Representatives Scott of the 2nd, Fleming of the 117th, Murphy of the 120th, Day of the 163rd, Smyre of the 132nd and others:
A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the comprehensive regulation of interlocal agreements; to provide for a short title; to provide for legislative purposes; to provide for definitions; to provide for procedures, conditions, and limitations with respect to such agreements; to provide for the status of such agreements; to provide for approval or disapproval of such agreements; to provide for funding, property, personnel, and services; to provide for the cumulative nature of such agreements; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL
To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the comprehensive regulation of interlocal agreements; to provide for a short title; to provide for legislative purposes; to provide for definitions; to provide for procedures, conditions, and limitations with respect to such agreements; to provide for the status of such agreements; to provide for approval or disapproval of such agreements; to provide for funding, property, personnel, and services; to provide for the cumulative nature of such agreements; 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 chapter immediately following Chapter 69, to be designated Chapter 69A, to read as follows:

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"CHAPTER 69A
36-69A-1. This chapter shall be known and may be cited as the 'Interlocal Cooperation Act.'
36-69A-2. It is the purpose of this chapter to permit counties and municipalities in this state the most efficient use of their powers by enabling them to cooperate with localities in other states on a basis of mutual advantage and provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities.
36-69A-3. As used in this chapter, the term:
(1) 'Public agency' means: (A) Any political subdivision of this state; (B) Any volunteer fire department; (C) Any volunteer rescue squad; (D) Any agency of the state government or of the United States; and (E) Any political subdivision of another state.
(2) 'State' means a state of the United States.
36-69A-4. (a) Any power or powers, privileges, or authority exercised or capable of exercise by a public agency of this state may be exercised and enjoyed jointly with any other public agency of any other state or of the United States to the extent that laws of such other state or of the United States permit such joint exercise or enjoyment. The authority for joint or cooperative action of political subdivisions shall apply to powers, privileges, or authority vested in, funded by, or under the control of their governing bodies. (b) Any public agency in this state may enter into agreements with a public agency in another state for joint or cooperative action pursuant to the provisions of this chapter to effectuate the purposes of this chapter. Appropriate action of the governing bodies of the participating public agencies by resolution or otherwise pursuant to law shall be necessary before any such agreement may enter into force. Any such agreement shall be subject to the requirements provided by the Constitution and general laws of this state with respect to intergovernmental contracts. (c) Any such agreement shall specify the following:
(1) The precise organization, composition, and nature of any separate legal or administrative entity or entities created thereby, which may include, but is not limited to, a corporation not for profit, together with the powers delegated to such a corporation; (2) Its purpose or purposes;

WEDNESDAY, MARCH 2, 2005

1115

(3) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget for such undertaking; (4) The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination; and (5) Any other necessary and proper matters. (d) In the event that the agreement does not establish a separate legal entity or entities to conduct the joint or cooperative undertaking, the agreement shall, in addition to the requirements of subsection (c) of this Code section contain the following: (1) Provision for an administrator or a joint board responsible for administering the joint or cooperative undertaking. In the case of a joint board, public agencies party to the agreement shall be represented; and (2) The manner of acquiring, holding, and disposing of real and personal property used in the joint or cooperative undertaking. (e)(1) No agreement made pursuant to this chapter shall relieve any public agency of any obligation or responsibility imposed upon it by law, except that, to the extent of actual and timely performance thereof by a joint board or other legal or administrative entity or entities created by an agreement made hereunder, those performances may be offered in satisfaction of the obligation or responsibility.
(2)(A) A separate legal or administrative entity, created by interlocal agreement under this chapter, is not empowered to:
(i) Assess, levy, or collect ad valorem taxes; (ii) Issue general obligation bonds; or (iii) Exercise the power of eminent domain. (B) However, to the extent that the participating political subdivisions possess such powers, the political subdivisions may exercise such powers on behalf and for the benefit of the separate legal or administrative entity. (f)(1) Any agreement under this chapter shall contain provisions for the following: (A) The contract shall terminate absolutely and without further obligation on the part of the county or 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 as provided in this Code section; (B) The contract may provide for automatic renewal unless positive action is taken by the county or municipality to terminate such contract, and the nature of such action shall be determined by the county or municipality and specified in the contract; (C) The contract shall state the total obligation of the county or municipality for the calendar year of execution and shall further state the total obligation which will be incurred in each calendar year renewal term, if renewed; and (D) The contract shall provide that title to any supplies, materials, equipment, or other personal property shall remain in the vendor until fully paid for by the county or municipality. (2) In addition to the provisions enumerated in paragraph (1) of this subsection, any

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contract authorized by this chapter may include: (A) A provision which requires that the contract will terminate immediately and absolutely at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of the county or municipality under the contract; or (B) Any other provision reasonably necessary to protect the interests of the county or municipality.
(3) Any contract developed under this chapter containing the provisions enumerated in paragraph (1) of this subsection shall be deemed to obligate the county or municipality only for those sums payable during the calendar year of execution or, in the event of a renewal by the county or municipality, for those sums payable in the individual calendar year renewal term. (4) No contract developed and executed pursuant to this chapter shall be deemed to create a debt of the county or municipality for the payment of any sum beyond the calendar year of execution or, in the event of a renewal, beyond the calendar year of such renewal. (5) No contract developed and executed pursuant to this chapter may be delivered if the principal portion of such contract, when added to the amount of debt incurred by any county or municipality pursuant to Article IX, Section V, Paragraph I of the Constitution of Georgia, exceeds 10 percent of the assessed value of all taxable property within such county or municipality.
36-69A-5. An agreement entered into pursuant to this chapter between or among one or more counties or municipalities of this state and one or more public agencies of another state or of the United States shall not constitute a waiver of sovereign immunity. All of the privileges and immunities from liability; exemption from laws, ordinances, and rules; and all pension, insurance, relief, disability, workers compensation, salary, death, and other benefits which apply to the activity of such officers, agents, or employees of any such political subdivision or institution within the University System of Georgia when performing their respective functions within the territorial limits of their respective political subdivisions or campuses shall apply to such officers, agents, or employees to the same degree, manner, and extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of this chapter relating to mutual aid. The provisions of this Code section shall apply with equal effect to paid, volunteer, and auxiliary employees. In any case or controversy involving performance or interpretation thereof or liability thereunder, no action may be brought except in the state or superior court of the county in this state which executed the agreement or the county in this state in which a city in this state is located which executed the agreement.
36-69A-6. In the event that an agreement made pursuant to this chapter shall deal in whole or in part with the provision of services or facilities with regard to which an officer or agency

WEDNESDAY, MARCH 2, 2005

1117

of the state government has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its entry into force, be submitted to the state officer or agency having such power of control and shall be approved or disapproved by such state officer or agency as to all matters within such officers or agencys jurisdiction.
36-69A-7. Any county or municipality entering into an agreement pursuant to this chapter may appropriate funds and may sell, lease, give, or otherwise supply the administrative joint board or other legal or administrative entity created to operate the joint or cooperative undertaking by providing such personnel or services therefor as may be within its legal power to furnish.
36-69A-8. Any one or more counties or municipalities in this state may contract with any one or more public agencies of another state to perform any governmental service, activity, or undertaking which each public agency entering into the contract is authorized by law to perform; provided, however, that such contract shall be authorized by the governing body of each party to the contract. Such contract shall set forth fully the purposes, powers, rights, objectives, and responsibilities of the contracting parties.
36-69A-9. The authority of this chapter shall be cumulative to and in addition to any rights, powers, or authority otherwise authorized under the Constitution or general laws of this state."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Scott of the 2nd et al. move to amend the Committee substitute to HB 570 by striking "state;" on line 4 of page 2 and inserting in its place the following:
"state other than a county school district or independent school district;".
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:

Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson E Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger E Golick
Graves, D Y Graves, T Y Greene
Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James
Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight
Knox Y Lakly
Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell May McCall
N McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler N Shaw Y Sheldon Y Sims, C
Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton
Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 158, nays 2.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Shaw of the 176th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative May 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.

WEDNESDAY, MARCH 2, 2005

1119

HB 301. By Representatives Warren of the 122nd, Harbin of the 118th and Jenkins of the 8th:

A BILL to be entitled an Act to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to 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.

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:

Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T
Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson E Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger E Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James
Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight
Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M
Setzler Y Shaw Y Sheldon Y Sims, C
Sims, F Y Sinkfield
Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre
Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

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On the passage of the Bill, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 207. By Representative Rogers of the 26th:
A BILL to be entitled an Act to amend Code Section 43-14-2 of the Official Code of Georgia Annotated, relating to definitions relative to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to revise a definition; to provide an exception to plumbing licensure requirements; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL
To amend Code Section 43-14-2 of the Official Code of Georgia Annotated, relating to definitions relative to electrical contractors, plumbers, conditioned air contractors, lowvoltage contractors, and utility contractors, so as to revise a definition; to provide an exception to plumbing licensure requirements; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 43-14-2 of the Official Code of Georgia Annotated, relating to definitions relative to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by striking paragraph (12) and inserting in lieu thereof the following:
"(12) 'Plumbing' means the practice of installing, maintaining, altering, or repairing piping fixtures, appliances, and appurtenances in connection with sanitary drainage or storm drainage facilities, venting systems, medical gas piping systems, natural gas piping systems on the outlet side of gas meters, or public or private water supply systems within or adjacent to any building, structure, or conveyance; provided, however, that after July 1, 1997, only master plumbers and journeyman plumbers who have been certified by the Division of Master Plumbers and Journeyman Plumbers to perform such tasks shall be authorized to install, maintain, alter, or repair medical gas piping systems. The term 'plumbing' also includes the practice of and materials used in installing, maintaining, extending, or altering the natural gas, storm-water, sewerage, and water supply systems of any premises to their connection with any point of public disposal or other acceptable terminal; provided, however, that the term 'plumbing' shall not include the installation, service, or repair of on-site waste-water

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management systems; provided, further, that licensure under this chapter shall not be required for a contractor certified by the Department of Human Resources to make the connection to any on-site waste-water management system from the stub out exiting the structure to an on-site waste-water management system. Notwithstanding any other provision of this chapter, any person who holds a valid master plumbing license or any company which holds a valid utility contractor license shall be qualified to construct, alter, or repair any plumbing system which extends from the property line up to but not within five feet of any building, structure, or conveyance, regardless of the cost or depth of any such plumbing system."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Rogers of the 26th moves to amend the Committee on substitute to HB 207 by striking lines 23 and 24 on page 1 and inserting in lieu thereof the following:

"terminal; provided, however, that".

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:

Abdul-Salaam Y Amerson Y Anderson Y Ashe
Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson E Dollar
Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin

Y Holmes Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley
Jackson Y Jacobs Y James
Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C
Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Stephens

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Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Freeman Y Gardner Y Geisinger E Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A

Y Kidd Y Knight
Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 161, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Hudson of the 124th 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.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and referred to the Committee on Governmental Affairs:

HB 437. By Representative Scott of the 153rd:

A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exceptions from the requirements of public disclosure, so as to exempt disclosure of certain personal information; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Resolution of the House was read:

HR 392. By Representative Keen of the 179th

A RESOLUTION

Relative to adjournment; and for other purposes.

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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 2005 regular session of the General Assembly for the period of March 3, 2005, through March 14, 2005, shall be as follows:
Thursday, March 3 .................................................... in session for legislative day 27 Friday, March 4 ......................................................... in session for legislative day 28 Saturday, March 5 ..................................................... in adjournment Sunday, March 6........................................................ in adjournment Monday, March 7 ...................................................... in adjournment Tuesday, March 8 ...................................................... in adjournment Wednesday, March 9 ................................................. in adjournment Thursday, March 10 .................................................. in session for legislative day 29 Friday, March 11 ....................................................... in session for legislative day 30 Saturday, March 12 ................................................... in session for legislative day 31 Sunday, March 13...................................................... in adjournment Monday, March 14 .................................................... in session for legislative day 32

BE IT FURTHER RESOLVED that on and after March 14, 2005, the periods of adjournment of the 2005 session, if any, shall be as specified by subsequent resolution of the General Assembly, except that for the remainder of the 2005 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:

Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce

Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson E Dollar
Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs
James Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan

Y Maxwell Y May Y McCall
McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal

Y Sailor Y Scheid Y Scott, A Y Scott, M
Setzler Shaw Sheldon Y Sims, C Sims, F N Sinkfield Y Smith, B Smith, L Y Smith, P Y Smith, R Y Smith, T Smith, V Y Smyre

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Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger E Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Keen Y Keown Y Kidd Y Knight
Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Martin

Y Oliver Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Stanley-Turner Y Stephens
Stephenson Y Talton
Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker

On the adoption of the Resolution, the ayes were 149, nays 2.

The Resolution was adopted.

The following Resolutions of the House were read and adopted:

HR 396. By Representatives Wilkinson of the 52nd, Houston of the 170th, Ashe of the 56th, Orrock of the 58th, Smyre of the 132nd and others:

A RESOLUTION celebrating and honoring the life of Mrs. Tillie K. Fowler; and for other purposes.

HR 397. By Representative Buckner of the 130th:

A RESOLUTION remembering and honoring the life of Mr. Raymond Leon Cartledge; and for other purposes.

HR 398. By Representative Smith of the 168th:

A RESOLUTION recognizing and commending Neal and Danielle Boatright; and for other purposes.

HR 399. By Representative Smith of the 168th:

A RESOLUTION recognizing and commending Mr. Richard M. Hersey; and for other purposes.

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1125

HR 400. By Representative Smith of the 168th:
A RESOLUTION remembering and honoring the life of Elder Robert Lee Brinson, Sr.; and for other purposes.
HR 401. By Representative Smith of the 168th:
A RESOLUTION remembering and honoring the life of Reverend Early Linder; and for other purposes.
HR 402. By Representative Smith of the 168th:
A RESOLUTION recognizing and commending Mr. Jay Williams; and for other purposes.
HR 403. By Representative Smith of the 168th:
A RESOLUTION recognizing and commending Mr. Lee Andrew Hagans; and for other purposes.
HR 404. By Representative Smith of the 168th:
A RESOLUTION honoring the First Baptist Church of Baxley on its 125th Anniversary; and for other purposes.
HR 405. By Representatives Talton of the 145th, O`Neal of the 146th, Abdul-Salaam of the 74th, Sims of the 151st and Bryant of the 160th:
A RESOLUTION commending Ada J. Lee; and for other purposes.
HR 406. By Representatives Benfield of the 85th, Drenner of the 86th, Henson of the 87th, Oliver of the 83rd and Ashe of the 56th:
A RESOLUTION recognizing and commending Ms. Daphne Elizabeth Burt; and for other purposes.
Representative Harbin of the 118th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations 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:

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HB 525 Do Pass
Respectfully submitted, /s/ Harbin of the 118th
Chairman
Representative Lane of the 158th District, Chairman of the Committee on Game, Fish and Parks, submitted the following report:
Mr. Speaker:
Your Committee on Game, Fish and Parks 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:
HB 441 Do Pass SR 67 Do Pass
Respectfully submitted, /s/ Lane of the 158th
Chairman
Representative Hembree of the 67th District, Chairman of the Committee on Higher Education, submitted the following report:
Mr. Speaker:
Your Committee on Higher Education 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 553 Do Pass
Respectfully submitted, /s/ Hembree of the 67th
Chairman
Representative Rice of the 51st 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

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1127

of the House and has instructed me to report the same back to the House with the following recommendations:

HB 256 Do Pass HB 257 Do Pass HB 277 Do Pass

HB 363 Do Pass HB 367 Do Pass, by Substitute

Respectfully submitted, /s/ Rice of the 51st
Chairman

Representative Day of the 163rd 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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 557 Do Pass HR 341 Do Pass

Respectfully submitted, /s/ Day of the 163rd
Chairman

Representative Graves of the 137th 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 Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 558 Do Pass SB 55 Do Pass

SB 124 Do Pass SB 133 Do Pass, by Substitute

Respectfully submitted, /s/ Graves of the 137th
Chairman

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Representative Bridges of the 10th District, Chairman of the Committee on Retirement, submitted the following report:

Mr. Speaker:

Your Committee on Retirement 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 492 Do Pass, by Substitute HB 495 Do Pass, by Substitute

HB 537 Do Pass HB 540 Do Pass, by Substitute

Respectfully submitted, /s/ Bridges of the 10th
Chairman

Representative Ehrhart of the 36th 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 240 Do Pass, by Substitute

Respectfully submitted, /s/ Ehrhart of the 36th
Chairman

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.

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1129

Representative Hall, Atlanta, Georgia

Thursday, March 3, 2005

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:

Y Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard
Barnes Y Bearden
Beasley-Teague Benfield Y Benton Y Black Bordeaux Borders Y Bridges Y Brooks Brown Y Bruce Y Bryant Y Buckner, D Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Coan Y Cole E Coleman, B E Coleman, T Y Cooper Y Cox

Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson E Dollar
Drenner Y Dukes Y Ehrhart Y England
Epps Y Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger E Golick
Graves, D Y Graves, T Y Greene
Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne
Houston Y Howard
Hudson Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Jones, J Jones, S Y Jordan Y Keen E Keown Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Lindsey Y Lord Y Loudermilk Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Maxwell Y May
McCall McClinton Y Meadows Millar Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Murphy, Q Y Neal Oliver Y O'Neal Orrock E Parham Y Parrish Y Parsons Y Porter Powell Y Ralston Randall Y Ray Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon
Sims, C Y Sims, F
Sinkfield Smith, B Y Smith, L Y Smith, P Smith, R Y Smith, T Smith, V Y Smyre Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Walker Y Warren E Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Wix Yates Richardson, Speaker

The following members were off the floor of the House when the roll was called:

Representatives Anderson of the 123rd, Barnes of the 78th, Beasley-Teague of the 65th, Benfield of the 85th, Bordeaux of the 162nd, Borders of the 175th, Brown of the

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69th, Crawford of the 127th, Dean of the 59th, Drenner of the 86th, Hanner of the 148th, Henson of the 87th, Hudson of the 124th, Hugley of the 133rd, Jones of the 44th, Jones of the 46th, McClinton of the 84th, Millar of the 79th, Miller of the 106th, Murphy of the 120th, Powell of the 29th, Randall of the 138th, Reece of the 11th, Sailor of the 93rd, Sims of the 169th, Sinkfield of the 60th, Smith of the 113th, Stanley-Turner of the 53rd, Stephenson of the 92nd, Thomas of the 55th, and Walker of the 107th.
They wish to be recorded as present.
Prayer was offered by the Reverend Nancy Johnson, Associate Pastor, Cascade United Methodist Church, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Heard of the 104th, Chairman of the Committee on Information and Audits, 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 Speaker assumed the Chair.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 670. By Representatives Benfield of the 85th, Orrock of the 58th, Sinkfield of the 60th, Reece of the 11th, Gardner of the 57th and others:

THURSDAY, MARCH 3, 2005

1131

A BILL to be entitled an Act to amend Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to state travel services, so as to change the rate of mileage reimbursement to state officers and employees traveling on state business in their personal motor vehicles; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 671. By Representatives Willard of the 49th, Holmes of the 61st, Thomas of the 55th, Brooks of the 63rd, Burkhalter of the 50th and others:
A BILL to be entitled an Act to amend an Act providing for the appointment of magistrates in Fulton County, approved March 18, 1983 (Ga. L. 1983, p. 4373), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 3783), so as to change the number of magistrates in Fulton County; to provide the procedure in connection with the appointment of new magistrates and provide for terms of office; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 672. By Representative Willard of the 49th:
A BILL to be entitled an Act to amend Code Section 53-1-20 and Article 1 of Chapter 2 of Title 53 of the O.C.G.A., the Revised Probate Code of 1998, relating, respectively, to renouncing succession and to general provisions relative to descent and distribution, so as to correct a cross-reference; to provide for forfeiture of an intestate share of an estate under certain circumstances; to provide for definitions; to provide for notice of proceedings; to provide for an appointment of a guardian ad litem under certain circumstances; to provide for judicial proceedings and standard of proof; to change certain provisions relating to the rules of inheritance when a decedent dies without a will; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 673. By Representative Sims of the 169th:
A BILL to be entitled an Act to create a board of elections and registration for Coffee 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

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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 and compensation; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 674. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act abolishing the present mode of compensating the clerk of superior court, the sheriff, the ordinary, and the tax commissioner of Coffee County, known as the fee system, and providing in lieu thereof annual salaries for such officers, approved February 26, 1965 (Ga. L. 1965, p. 2087), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 2508), and by an Act approved March 23, 1977 (Ga. L. 1977, p. 3699), so as to place the tax commissioner on a salary only basis; to abolish any retention of commissions by the tax commissioner; to provide that the tax commissioner shall receive the salary set forth by general law; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 675. By Representatives Oliver of the 83rd, Hugley of the 133rd, Teilhet of the 40th, Buckner of the 130th and Mosby of the 90th:
A BILL to be entitled an Act to amend Article 1 of Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury generally, so as to include title pawn transactions; to amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to change the laws relating to pawnbrokers; to change definitions; to provide for different treatment of title pawn transactions; to provide for reductions in interest and fees for title pawn transactions; to provide for notice; to provide for criminal and civil penalties; to change provisions relating to pawnbrokers liens; 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 Banks & Banking.

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1133

HB 676. By Representative Epps of the 128th:
A BILL to be entitled an Act to provide a new charter for the City of Warm Springs; to repeal the existing charter and all amendatory acts thereto; to provide for incorporation, boundaries, and powers of the city; to provide examples of the citys powers; to provide for a city council as the governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, and conflicts of interest relative to such governing authority; to provide for inquiries and investigations; to provide for eminent domain; to provide for organizational and regular and special meetings, rules of procedure, and quorums; to provide for procedures to enact ordinances, ordinances in case of emergencies, and codes of technical regulations; to provide for construction and severability; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal specific local acts; to repeal conflicting general acts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 677. By Representatives Burmeister of the 119th, Fleming of the 117th and Ralston of the 7th:
A BILL to be entitled an Act to amend Code Section 15-10-61 of the Official Code of Georgia Annotated, relating to trial by jury and removal of cases from magistrate court to state or superior court, so as to limit the right of removal for jury trial of cases involving ordinance violations from the magistrate court to state or superior court to those ordinance violations that also would constitute a misdemeanor under state law; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 678. By Representatives Burkhalter of the 50th and Lunsford of the 110th:
A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the O.C.G.A., relating to certain programs and activities under the "Quality Basic Education Act," so as to provide that state law shall not prohibit a private school from conducting a prayer prior to an athletic event held on the campus of the private school; to provide that athletic teams from public schools shall not be prohibited from participating in an athletic event held on the campus of a private school in this state for the reason that the hosting private school conducts a prayer prior to such athletic event; to provide that public schools shall not participate in interscholastic sports

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events which are conducted under the authority of, conducted under the rules of, or scheduled by any athletic association which prohibits or discourages a private school from conducting a prayer prior to an athletic event held on the campus of the private school; 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.
HB 679. By Representatives Mosby of the 90th, Watson of the 91st, Thomas of the 55th, Fludd of the 66th and Williams of the 165th:
A BILL to be entitled an Act to amend Article 2 of Chapter 13 of Title 44 of the Official Code of Georgia Annotated, relating to statutory exemptions for purposes of bankruptcy, so as to change homestead exemptions for a debtors residence under certain circumstances; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 680. By Representatives Smith of the 168th, Day of the 163rd, Burmeister of the 119th, Benfield of the 85th, Epps of the 128th and others:
A BILL to be entitled an Act to enact the "State Planning for Increased Community Access Act"; to amend Title 50 of the O.C.G.A., relating to state government, so as to provide for legislative findings; to provide for state planning for improved community access to culturally sensitive services; to provide for community economic development through the removal of culturally biased obstacles to access to culturally sensitive services; to provide that unlicensed practitioners providing complementary and alternative health care services shall not be in violation of state laws when providing services in compliance with this Act; to provide for client and practitioner rights and responsibilities; to provide for disclosures, notices, and informed consent; to provide for the establishment of the Georgia Advisory Council for Culturally Based Business Development; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 681. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Code Section 21-5-71 of the Official Code of Georgia Annotated, relating to lobbyist registration requirements, application for registration, supplemental registration, expiration, docket,

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1135

fees, identification cards, public rosters, and exemptions, so as to prohibit the registration of full-time employees of state government agencies as lobbyists for anyone other than their employing agencies; to amend Code Section 4510-23, relating to prohibiting full-time employees of state government agencies from transacting business with their own state agencies and an exception for employees of the Board of Regents, so as to prohibit full-time employees of state government agencies from engaging in lobbying for anyone other than their employing agencies; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ethics.
HB 687. By Representatives May of the 111th and Walker of the 107th:
A BILL to be entitled an Act to amend an Act creating the WalnutgroveYouth Water Authority, now known as the Walton County Water and Sewerage Authority, approved April 3, 1972 (Ga. L. 1972, p. 3623), as amended, particularly by an Act approved April 5, 1994 (Ga. L. 1994, p. 4675), so as to continue in existence and reconstitute the authority; to provide for legislative findings; to provide for the termination of the terms of members of the authority appointed under previous law; to provide for the appointment of members and their qualifications, terms, chairperson, quorum, meetings, vacancies, and compensation; to provide for perpetual existence of the authority; to provide for ratification of outstanding revenue bond debt; to revise the powers of the authority; to provide that the authority shall exercise its powers with the consent of the Board of Commissioners of Walton County; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 688. By Representative Hudson of the 124th:
A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to authorize the imposition of a local option sales and use tax for health care within special districts; to provide for applicability with respect to the ceiling on local sales and use taxes; to establish special districts; to provide for procedures, conditions, and limitations for the imposition, collection, disbursement, and removal of the tax; to provide for powers, duties, and authority of the state revenue commissioner; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Ways & Means.
HB 689. By Representatives Reece of the 11th, Mosby of the 90th, Manning of the 32nd, Jones of the 46th, Smith of the 13th and others:
A BILL to be entitled an Act to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to require annual instruction in the dangers of methamphetamine use in the course of study in health and physical education as prescribed by the State Board of Education; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 690. By Representatives Reece of the 11th, Mosby of the 90th, Talton of the 145th, Manning of the 32nd and Smith of the 13th:
A BILL to be entitled an Act to amend Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest of persons, so as to create provisions relating to arrests under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 691. By Representatives Martin of the 47th, Burkhalter of the 50th, Reece of the 27th and Rice of the 51st:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates for motor vehicles, so as to provide for special license plates identifying licensed Georgia physicians; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such license plates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 692. By Representatives Black of the 174th, Hatfield of the 177th, Greene of the 149th, Sims of the 169th, Shaw of the 176th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, so as to change certain provisions relating to terms and conditions of

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probation; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 693. By Representative Dean of the 59th:
A BILL to be entitled an Act to amend Chapter 12 of Title 43 of the Official Code of Georgia Annotated, relating to disabled veterans and blind persons engaging in peddling, operating businesses, or practicing professions, so as to clarify the right of certain disabled veterans and blind persons to vend on the public streets, roadways, and highways of this state or any county or municipality thereof; to provide for an exemption from certain management regulations and fees; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 694. By Representatives Carter of the 159th, Bryant of the 160th, Jackson of the 161st, Stephens of the 164th and Day of the 163rd:
A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to workers compensation, so as to provide that an injury occurring while an employee is on call but off duty is not compensable; to provide that the employee has the burden of overcoming the presumption of noncompensability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 695. By Representatives Holt of the 112th and Mills of the 25th:
A BILL to be entitled an Act to amend Chapter 5 of Title 27 of the Official Code of Georgia Annotated, relating to wild animals, so as to enact the "Disabled Assistants Act"; to revise provisions relating to wild animal permits and licenses; to authorize the issuance of permits for animals to assist persons with disabilities under certain conditions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.

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HB 696. By Representatives Lunsford of the 110th, Watson of the 91st, Mosby of the 90th, Barnes of the 78th, Yates of the 73rd and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Locust Grove, approved April 7, 1976 (Ga. L. 1976, p. 4426), as amended, so as to revise certain provisions relating to membership of elected officials on boards, commissions, and authorities; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 697. By Representatives Lunsford of the 110th, Watson of the 91st, Mosby of the 90th, Barnes of the 78th, Yates of the 73rd and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, so as to revise certain provisions relating to membership of elected officials on boards, commissions, and authorities; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 698. By Representative Smith of the 113th:
A BILL to be entitled an Act to amend Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions relative to handicapped persons, so as to change certain provisions relating to a definition of hearing impaired person and the Georgia Service Center for Hearing Impaired Persons; to create the Georgia Commission on Hearing Impaired Persons and provide for its members, powers, and duties; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 699. By Representative Morris of the 155th:
A BILL to be entitled an Act to provide for an alternate method of distribution of the net proceeds of the sales and use tax for educational purposes authorized under Article VIII, Section VI, Paragraph IV of the Constitution of the State of Georgia between the Montgomery County School District and the City of Vidalia Independent School District located partially in Montgomery County; to provide for the authority of this Act; to provide an

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effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 700. By Representative Morris of the 155th:
A BILL to be entitled an Act to provide for an alternate method of distribution of the net proceeds of the sales and use tax for educational purposes authorized under Article VIII, Section VI, Paragraph IV of the Constitution of the State of Georgia between the Toombs County School District and the City of Vidalia Independent School District located in Toombs County; to provide for the authority of this Act; to provide an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 701. By Representatives Hatfield of the 177th and Lunsford of the 110th:
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 reading the Georgia implied consent warning prior to testing rather than at the time of arrest; to provide that no state administered test shall be requested absent reasonable suspicion to believe the driver was under the influence of alcohol or any other drug; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HR 391. By Representatives Cooper of the 41st, Benfield of the 85th, Chambers of the 81st, Hill of the 180th and Kidd of the 115th:
A RESOLUTION urging the congressional delegation of the State of Georgia to reauthorize the Violence Against Women Act in 2005; and for other purposes.
Referred to the Committee on Interstate Cooperation.
HR 393. By Representatives Smith of the 13th, Cummings of the 16th and Loudermilk of the 14th:
A RESOLUTION honoring the memory of Reverend H. F. (Parson) Joyner

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and dedicating the North Bridge at East 2nd Avenue in Rome, Georgia, as the Parson H. F. Joyner Memorial Bridge; and for other purposes.
Referred to the Committee on Transportation.
HR 394. By Representatives Smith of the 13th, Cummings of the 16th and Loudermilk of the 14th:
A RESOLUTION honoring the memory of Bradford Lee "Chip" Riddle, Jr., and dedicating the South Bridge at East 2nd Avenue in Rome, Georgia, as the Chip Riddle Memorial Bridge; and for other purposes.
Referred to the Committee on Transportation.
HR 395. By Representatives Thomas of the 55th, Stanley-Turner of the 53rd, Buckner of the 130th, Fludd of the 66th and Anderson of the 123rd:
A RESOLUTION urging the Board of Regents of the University System of Georgia to include courses on health and physical education in the required curriculum for teacher education programs; and for other purposes.
Referred to the Committee on Higher Education.
HR 408. By Representatives Black of the 174th and Borders of the 175th:
A RESOLUTION renaming Negro Branch in Brooks County as Pride Branch; and for other purposes.
Referred to the Committee on Transportation.
By unanimous consent, the rules were suspended in order that the following Bill and Resolution of the House could be introduced, read the first time and referred to the Committees:
HB 714. By Representative Dollar of the 45th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special license plates for certain persons and vehicles, so as to revise the provisions regarding issuance of special license plates for persons with disabilities; to provide for a special decal to be placed on the window of cars driven by persons with disabilities; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Motor Vehicles.

HR 411. By Representatives Porter of the 143rd, Hugley of the 133rd, Smyre of the 132nd, Marin of the 96th, Orrock of the 58th and others:

A RESOLUTION proposing an amendment to the Constitution so as to provide that state and local government records shall be available to any person for inspection and copying and that meetings of state and local government bodies shall be open to the public, except as otherwise provided by law under certain conditions; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Rules.

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

HB 658 HB 659 HB 660 HB 661 HB 663 HB 666 HB 667 HB 668 HB 669 HB 682 HB 683

HB 684 HB 685 HB 686 HR 369 HR 385 HR 386 HR 387 SB 111 SB 140 SB 196 SB 199

Representative Harbin of the 118th District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:

Your Committee on Appropriations 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 85 Do Pass, by Substitute

Respectfully submitted, /s/ Harbin of the 118th
Chairman

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Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:

Your Committee on Education 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:

HB 250 Do Pass HB 372 Do Pass HB 543 Do Pass, by Substitute

HR 230 Do Pass SB 35 Do Pass, by Substitute

Respectfully submitted, /s/ Coleman of the 97th
Chairman

Representative Wilkinson of the 52nd District, Chairman of the Committee on Ethics, submitted the following report:

Mr. Speaker:

Your Committee on Ethics 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 48 Do Pass, by Substitute

Respectfully submitted, /s/ Wilkinson of the 52nd
Chairman

Representative Scott of the 153rd 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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 244 Do Pass, by Substitute HB 521 Do Pass, by Substitute

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1143

Respectfully submitted, /s/ Scott of the 153rd
Chairman

Representative Ralston of the 7th District, Chairman of the Committee on Judiciary Non-civil, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary Non-civil 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 214 Do Pass, by Substitute HB 236 Do Pass, by Substitute HB 316 Do Pass, by Substitute HB 333 Do Pass HB 334 Do Pass HB 386 Do Pass

HB 387 Do Pass HB 398 Do Pass HB 432 Do Pass, by Substitute SB 97 Do Pass, by Substitute SB 141 Do Pass

Respectfully submitted, /s/ Ralston of the 7th
Chairman

The following Resolutions of the House, referred to the House Rules Subcommittee on Invites, were reported by the Committee on Rules with the following recommendations:

HR 338 Do Pass HR 339 Do Pass

Representative Smith of the 168th District, 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 600 Do Pass, by Substitute HB 611 Do Pass HB 617 Do Pass, by Substitute

HB 639 Do Pass HB 641 Do Pass HB 642 Do Pass

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HB 627 Do Pass HB 636 Do Pass, by Substitute

HB 650 Do Pass

Respectfully submitted, /s/ Smith of the 168th
Chairman

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

HOUSE RULES CALENDAR THURSDAY, MARCH 3, 2005

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 27th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

HB 58 HB 106 HB 254 HB 340
HB 390
HB 392 HB 394
HB 440 HB 496 HR 92 HR 166

Working Against Recidivism Act; enact Sex offender registry; sexually violent offense; redefine Courts; establish drug courts division Public disclosure of records; donors; postsecondary educational institutions State Commission on the Efficacy of the Certificate of Need Program; create Health care management organizations; quality assessment fee; provisions Disabled adults and elder persons; protective services; discharge and transfer from facilities Georgia veterans cemeteries; interment; remove residency requirement Dams; locations and information; DNR provide to superior court clerks Joint LNG and Natural Gas Infrastructure Study Committee; create Public Property; conveyances

Modified Open Rule

None

Modified Structured Rule

None

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Structured Rule

HB 116 HB 211 HB 487

Ad valorem tax of property; change definitions Ad valorem tax; aircraft held in inventory; exclude Sales tax exemption; electricity sales for crop irrigation; amend

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

Respectfully submitted, /s/ Ehrhart of the 36th
Chairman

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

HB 600. By Representatives Mills of the 25th, Reece of the 27th, Rogers of the 26th and Benton of the 31st:

A BILL to be entitled an Act to amend an Act providing a method of compensating the members of the board of education of Hall County, approved February 25, 1991 (Ga. L. 1991, p. 3504), so as to change certain provisions regarding the amount of such compensation; to provide for the automatic repeal of this Act; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

To amend an Act providing a method of compensating the members of the board of education of Hall County, approved February 25, 1991 (Ga. L. 1991, p. 3504), so as to change certain provisions regarding the amount of such compensation; to provide for the automatic repeal of this Act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing a method of compensating the members of the board of education of Hall County, approved February 25, 1991 (Ga. L. 1991, p. 3504), is amended by adding a new section immediately following Section 1, to be designated Section 1A, to read as follows:

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"SECTION 1A. The board of education is authorized to increase the amount specified in Section 1 as compensation. The board of education shall take no action to increase such compensation until notice of intent to take such action and the fiscal impact of such action has been published in a newspaper designated as the legal organ for the county at least once a week for three consecutive weeks immediately preceding the first public meeting at which the proposed action is discussed. The board of education shall conduct no fewer than two public meetings regarding any such proposed increase. All such meetings shall not commence sooner than 7:00 P.M. No final action on such proposed increase shall be taken sooner than the second such meeting."
SECTION 2. This Act shall stand repealed in its entirety on December 31, 2006.
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.
HB 611. By Representatives Channell of the 116th and Hudson of the 124th:
A BILL to be entitled an Act to create the Eatonton-Putnam Water and Sewer Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, fines, charges and earnings of the authority, contract payments to the authority and from other moneys pledged therefor and authorize the collection and pledging of the revenues, tolls, fees, fines, charges and earnings of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; to make the revenue bonds of the authority exempt from taxation; to provide for the validation of bonds; 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.
HB 617. By Representative Amerson of the 9th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Dahlonega, approved April 12, 1982 (Ga. L. 1982, p. 4354), as amended, so as to provide for election and terms of office of subsequent

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1147

mayors and councilmembers; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend an Act creating a new charter for the City of Dahlonega, approved April 12, 1982 (Ga. L. 1982, p. 4354), as amended, so as to provide for election and terms of office of subsequent mayors and councilmembers; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating a new charter for the City of Dahlonega, approved April 12, 1982 (Ga. L. 1982, p. 4354), as amended, is amended by striking Section 5.10 and inserting in its place a new Section 5.10 to read as follows:
"SECTION 5.10. Regular Elections.
(a) The mayor and councilmembers of the City of Dahlonega who are serving as such on the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. On and after the effective date of this Act, the city council shall consist of six members all of whom shall be elected at large as provided in this section and the mayor who is elected at large as provided in this section. (b) For purposes of electing members of the city council, the City of Dahlonega shall consist of one election district with numbered posts 1, 2, 3, 4, 5, and 6. Each person seeking election as a councilmember shall designate the post for which such person seeks election. (c) In order to be elected as a member of the city council from a council district, a person must receive a plurality of votes cast for that office in the entire city. At the time of qualifying for election as a member of the city council, each candidate for such office shall specify the post for which that person is a candidate. A person elected or appointed as a member of the city council must continue to reside in the city during that persons term of office or that office shall become vacant.

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(d) The mayor may reside anywhere within the City of Dahlonega and, if elected, must receive a plurality of votes cast for that office in the entire city. The mayor must continue to reside within the city during that persons term of office or that office shall become vacant.
(e)(1) Larry Crowel, the member of the council elected at the November, 2001, general election, shall be designated to be serving from and representing Post 1. (2) Guy Laboa, the member of the council elected at the November, 2001, general election, shall be designated to be serving from and representing Post 2. (3) Dudley Owens, the member of the council elected at the November, 2001, general election, shall be designated to be serving from and representing Post 3. (4) Michael Clemons, the member of the council elected at the November, 2003, general election, shall be designated to be serving from and representing Post 4. (5) Bill Northquest, the member of the council elected at the November, 2003, general election, shall be designated to be serving from and representing Post 5. (6) Terry Peters, the member of the council elected at the November, 2003, general election, shall be designated to be serving from and representing Post 6. (7) The mayor and the members of the council representing Post 1, Post 2, and Post 3 shall be elected at the municipal general election on the Tuesday next following the first Monday in November, 2005, and quadrennially thereafter and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. (8) The members of the council representing Post 4, Post 5, Post 6 shall be elected at the municipal general election on the Tuesday next following the first Monday in November, 2007, and quadrennially thereafter and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified."
SECTION 2. The mayor and council of the City of Dahlonega shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. If implementation of this Act is not permissible under the Voting Rights Act of 1965, as amended, on or before the date immediately preceding the day that qualifying commences for municipal offices to be elected for the City of Dahlonega in 2005, then, as of that date, this Act shall be void and shall stand repealed in its entirety.
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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1149

HB 627. By Representative Hanner of the 148th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new Charter for the City of Preston in the County of Webster," approved May 17, 2004 (Ga. L. 2004, p. 4127), so as to provide for the continuation in office of the mayor and commissioners; to provide for terms and elections; 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.
HB 636. By Representatives Mumford of the 95th, Mangham of the 94th, Stephenson of the 92nd and Sailor of the 93rd:
A BILL to be entitled an Act to amend an Act to provide a homestead exemption from City of Conyers ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for each resident of the City of Conyers, which is in lieu of and not in addition to any other homestead exemption applicable to City of Conyers ad valorem taxes for municipal purposes, approved April 19, 2001 (Ga. L. 2001, p. 4394), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5082), so as to increase the homestead exemption to $20,000.00; to provide for conditions and procedures relating thereto; to provide for a referendum; to provide for applicability; to provide an effective date and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend an Act to provide a homestead exemption from City of Conyers ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for each resident of the City of Conyers, which is in lieu of and not in addition to any other homestead exemption applicable to City of Conyers ad valorem taxes for municipal purposes, approved April 19, 2001 (Ga. L. 2001, p. 4394), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5082), so as to increase the homestead exemption to $20,000.00; to provide for conditions and procedures relating thereto; to provide for a referendum; to provide for applicability; to provide an effective date and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to provide a homestead exemption from City of Conyers ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for each resident of the City of Conyers, which is in lieu of and not in addition to any other homestead exemption applicable to City of Conyers ad valorem taxes for municipal purposes, approved April 19, 2001 (Ga. L. 2001, p. 4394), as amended particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5082) is amended by striking subsection (b) of Section 1 and inserting in lieu thereof the following:
"(b) Each resident of the City of Conyers is granted an exemption on that persons homestead from all City of Conyers ad valorem taxes for municipal purposes in the amount of $20,000.00 of the assessed value of that homestead. The value of the homestead in excess of the amount exempted by this section shall remain subject to taxation."

SECTION 2. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 2006.

SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Conyers shall call and conduct an election as provided in this section for the purpose of submitting this part to the electors of the City of Conyers for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2005, municipal election 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 the City of Conyers. The ballot shall have written or printed thereon the words:

"( ) YES Shall the Act be approved which replaces the current $13,000.00

( ) NO

homestead exemption from certain City of Conyers ad valorem taxes for municipal purposes with a new $20,000.00 homestead exemption from certain City of Conyers ad valorem taxes for municipal purposes?"

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, then Sections 1 and 2 of this Act shall

become of full force and effect on January 1, 2006, and shall be applicable to all taxable

years beginning on or after January 1, 2006. If Sections 1 and 2 of this Act are not so

approved or if the election is not conducted as provided in this section, Sections 1 and 2

of this Act shall not become effective and this Act shall be automatically repealed on the

THURSDAY, MARCH 3, 2005

1151

first day of January immediately following that election date. The expense of such election shall be borne by the City of Conyers. It shall be the election superintendents duty to certify the result thereof to the Secretary of State.
SECTION 4. Except as otherwise provided in Section 3 of this Act, 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.
HB 639. By Representative Cheokas of the 134th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Ellaville, approved April 8, 2002 (Ga. L. 2002, p. 3839), as amended, so as to authorize the city council to appoint the same individual as both city manager and city clerk; to provide for the duties and powers of such city official; 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.
HB 641. By Representatives Reese of the 98th, Mills of the 25th and Coan of the 101st:
A BILL to be entitled an Act to provide for a homestead exemption from City of Buford ad valorem taxes for municipal purposes in the amount of $22,000.00 of the assessed value of the homestead after a five-year phase-in period for residents of the City of Buford; 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.
HB 642. By Representatives Reese of the 98th, Mills of the 25th and Coan of the 101st:

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A BILL to be entitled an Act to provide for a homestead exemption from City of Buford ad valorem taxes for municipal purposes for the full value of the homestead for residents of that city who are 70 years of age or over; 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.

HB 650. By Representatives Johnson of the 37th, Dollar of the 45th, Teilhet of the 40th, Parsons of the 42nd, Tumlin of the 38th and others:

A BILL to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4834) and by an Act approved May 17, 2004 (Ga. L. 2004, p. 3838), so as to change the compensation of the judge and 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.

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 Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Brown

Crawford Cummings Y Davis Y Day Dean Y Dickson E Dodson Y Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jamieson Y Jenkins E Jennings Y Johnson
Jones, J Y Jones, S

Y Maxwell Y May Y McCall
McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q

Y Sailor Scheid
Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B
Smith, L Y Smith, P Y Smith, R Y Smith, T
Smith, V

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1153

Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman, B E Coleman, T
Cooper Y Cox

Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene
Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Jordan Y Keen E Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R
Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas
Lunsford Y Maddox Y Mangham Y Manning
Marin Y Martin

Y Neal Y Oliver
O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall
Ray Y Reece, B Y Reece, S Y Reese
Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Smyre Y Stanley-Turner
Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Tumlin Y Walker Y Warren E Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Williams, R Y Wix Yates Richardson, Speaker

On the passage of the Bills, the ayes were 144, nays 0.

The Bills, having received the requisite constitutional majority, were passed.

Representative Lewis 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.

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 and House:

SB 15. By Senators Thompson of the 5th, Shafer of the 48th, Unterman of the 45th and Butler of the 55th:

A BILL to be entitled an Act to authorize Gwinnett County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

SB 91. By Senators Adelman of the 42nd and Williams of the 19th:

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A BILL to be entitled an Act to amend Part 1A of Article 2 of Chapter 5 of Title 46 of the O.C.G.A., relating to the telephone system for the physically impaired, so as to provide for the establishment of a state-wide telecommunication system capable of providing audible universal information access services to blind and print disabled citizens; to authorize the Public Service Commission to contract for the administration and operation of such system; to provide for the use of a portion of the monthly maintenance surcharge to be used to fund such system; to provide for immunity for the commission and for the providers of such system; to set a date for the beginning operation of such system; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 119. By Senators Chapman of the 3rd, Thomas of the 2nd, Johnson of the 1st, Tolleson of the 20th and Hill of the 4th:
A BILL to be entitled an Act to amend Code Section 27-4-150 of the Official Code of Georgia, relating to taking, possessing, and dealing in crabs and peelers and related record requirements, so as to postpone the date of an automatic repeal of certain provisions related to sponge crabs; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 158. By Senators Whitehead, Sr. of the 24th, Chapman of the 3rd, Grant of the 25th, Seabaugh of the 28th, Chance of the 16th and others:
A BILL to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for the comprehensive revision of provisions regarding state property; to provide for consolidation and effective management of the rental of administrative space and the acquisition, use, and disposition of real property by the state and state authorities; to repeal Article 2 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, the "State Space Management Act of 1976"; to repeal Article 6 of Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to inventory of state buildings; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to repeal certain provisions regarding the lease of property; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 185. By Senators Balfour of the 9th, Shafer of the 48th, Weber of the 40th and Thompson of the 5th:
A BILL to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, approved February 12, 1960 (Ga. L. 1960, p. 110), as amended, particularly

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by an Act approved April 13, 2001 (Ga. L. 2001, p. 4295), so as to change provisions relating to the salary supplements for the judges of the Gwinnett Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 209. By Senators Stoner of the 6th, Butler of the 55th, Pearson of the 51st and Hill of the 32nd:
A BILL to be entitled an Act to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to change the time period for issuance of a commission order after a hearing regarding a gas supply plan and adjustment factors filed by a gas utility; to repeal conflicting laws, and for other purposes.
SB 210. By Senators Stoner of the 6th, Hill of the 32nd, Shafer of the 48th and Butler of the 55th:
A BILL to be entitled an Act to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to provide for superior court filing of certain commission orders; to provide for venue, judgment, and effect of judgment; to repeal conflicting laws, and for other purposes.
HB 409. By Representatives Amerson of the 9th and Reece of the 27th:
A BILL to be entitled an Act to amend an Act creating the board of commissioners of Lumpkin County, approved April 13, 2001 (Ga. L. 2001, p. 4272), as amended, so as to change certain provisions requiring sealed bids for certain purchases; to repeal conflicting laws; and for other purposes.
HB 410. By Representatives Amerson of the 9th and Reece of the 27th:
A BILL to be entitled an Act to amend an Act placing the tax commissioner of Lumpkin County upon an annual salary, approved April 3, 1972 (Ga. L. 1972, p. 3854), as amended, so as to change the provisions relating to the compensation of the tax commissioner; to repeal conflicting laws; and for other purposes.
HB 411. By Representatives Amerson of the 9th and Reece of the 27th:
A BILL to be entitled an Act to amend an Act placing the Clerk of the Superior Court and the Judge of the Probate Court of Lumpkin County upon an annual salary, approved April 3, 1972 (Ga. L. 1972, p. 3851), as amended,

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so as to change the provisions relating to the compensation of the clerk of the superior court and the judge of the probate court; to repeal conflicting laws; and for other purposes.

HB 412. By Representatives Amerson of the 9th and Reece of the 27th:

A BILL to be entitled an Act to amend an Act placing the Sheriff of Lumpkin County upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2469), as amended, so as to change the provisions relating to the compensation of the sheriff; to repeal conflicting laws; and for other purposes.

HB 413. By Representatives Amerson of the 9th and Reece of the 27th:

A BILL to be entitled an Act to authorize the Probate Court of Lumpkin County to charge a technology fee for each criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 414. By Representatives Amerson of the 9th and Reece of the 27th:

A BILL to be entitled an Act to authorize the Magistrate Court of Lumpkin County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 122. By Senators Whitehead, Sr. of the 24th, Grant of the 25th and Cagle of the 49th:

A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management generally, so as to extend the collection of tire disposal fees; to provide for related matters; 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 15.

By Senators Thompson of the 5th, Shafer of the 48th, Unterman of the 45th and Butler of the 55th:

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A BILL to be entitled an Act to authorize Gwinnett County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide 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 91. By Senators Adelman of the 42nd and Williams of the 19th:
A BILL to be entitled an Act to amend Part 1A of Article 2 of Chapter 5 of Title 46 of the O.C.G.A., relating to the telephone system for the physically impaired, so as to provide for the establishment of a state-wide telecommunication system capable of providing audible universal information access services to blind and print disabled citizens; to authorize the Public Service Commission to contract for the administration and operation of such system; to provide for the use of a portion of the monthly maintenance surcharge to be used to fund such system; to provide for immunity for the commission and for the providers of such system; to set a date for the beginning operation of such system; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Utilities & Telecommunications.
SB 119. By Senators Chapman of the 3rd, Thomas of the 2nd, Johnson of the 1st, Tolleson of the 20th and Hill of the 4th:
A BILL to be entitled an Act to amend Code Section 27-4-150 of the Official Code of Georgia, relating to taking, possessing, and dealing in crabs and peelers and related record requirements, so as to postpone the date of an automatic repeal of certain provisions related to sponge crabs; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
SB 158. By Senators Whitehead, Sr. of the 24th, Chapman of the 3rd, Grant of the 25th, Seabaugh of the 28th, Chance of the 16th and others:
A BILL to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for the comprehensive revision of provisions regarding state property; to provide for consolidation and effective management of the rental of administrative space and the

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acquisition, use, and disposition of real property by the state and state authorities; to repeal Article 2 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, the "State Space Management Act of 1976"; to repeal Article 6 of Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to inventory of state buildings; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to repeal certain provisions regarding the lease of property; 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 185. By Senators Balfour of the 9th, Shafer of the 48th, Weber of the 40th and Thompson of the 5th:
A BILL to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, approved February 12, 1960 (Ga. L. 1960, p. 110), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4295), so as to change provisions relating to the salary supplements for the judges of the Gwinnett Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 209. By Senators Stoner of the 6th, Butler of the 55th, Pearson of the 51st and Hill of the 32nd:
A BILL to be entitled an Act to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to change the time period for issuance of a commission order after a hearing regarding a gas supply plan and adjustment factors filed by a gas utility; to repeal conflicting laws, and for other purposes.
Referred to the Committee on Public Utilities & Telecommunications.
SB 210. By Senators Stoner of the 6th, Hill of the 32nd, Shafer of the 48th and Butler of the 55th:
A BILL to be entitled an Act to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to provide for superior court filing of certain commission orders; to provide

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for venue, judgment, and effect of judgment; to repeal conflicting laws, and for other purposes.
Referred to the Committee on Public Utilities & Telecommunications.
The following members were recognized during the period of Morning Orders and addressed the House:
Davis of the 109th, Manning of the 32nd, Benfield of the 85th, Randall of the 138th, Ray of the 136th, Franklin of the 43rd, and Geisinger of the 48th.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and referred to the Committee on Public Safety:
HB 267. By Representative Shaw of the 176th:
A BILL to be entitled an Act 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, procedure, automatic surveillance prohibited, and penalty, so as to provide for a certain period of time before which unauthorized vehicles on private property may be towed; to provide for related matters; 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 338. By Representatives Hembree of the 67th, Smith of the 113th, Roberts of the 154th, Royal of the 171st, Miller of the 106th and others:
A RESOLUTION commending Candice Walker, winner of the 2004 Georgia Occupational Award of Leadership, and inviting her to appear before the House of Representatives; and for other purposes.
HR 339. By Representatives Hembree of the 67th, Smith of the 113th, Roberts of the 154th, Royal of the 171st, Miller of the 106th and others:
A RESOLUTION recognizing and commending Beverly Padgett, winner of the 2004 Rick Perkins Award for Excellence in Technical Instruction, and inviting her 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 were taken up for consideration and read the third time:

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HB 496. By Representatives Smith of the 70th, McCall of the 30th, Manning of the 32nd, Jones of the 46th, Reese of the 98th and others:
A BILL to be entitled an Act to amend Code Section 12-5-375 of the Official Code of Georgia Annotated, relating to inventory and classification of dams, investigations, technical assistance to local government, artificial barriers, and requirements, so as to provide that the director of the Environmental Protection Division of the Department of Natural Resources shall provide the clerk of the superior court of each county with information relating to dams; to provide that the clerk shall maintain such information; to repeal conflicting laws; and for other purposes.
The following substitute, offered by the Committee on Rules, was read:
A BILL
To amend Code Section 12-5-375 of the Official Code of Georgia Annotated, relating to inventory and classification of dams, investigations, technical assistance to local government, artificial barriers, and requirements, so as to provide that the director of the Environmental Protection Division of the Department of Natural Resources shall provide the clerk of the superior court of each county with information relating to dams; to provide that the clerk shall maintain such information; to repeal conflicting laws; and for other purposes. conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 12-5-375 of the Official Code of Georgia Annotated, relating to inventory and classification of dams, investigations, technical assistance to local government, artificial barriers, and requirements, is amended by inserting at the end thereof the following:
"(h) Not later than December 31, 2005, and annually thereafter, the director shall provide the clerk of the superior court of each county with information relating to each category I and category II dam in the county. Such information shall include, without limitation, the exact location of the dam and the name and address of the owner of the dam. The clerk shall maintain the information in an easily accessible location near the countys land records for information purposes only."
SECTION 2. 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 Franklin of the 43rd moves to amend the Committee substitute to HB 496 as follows:

Delete line 7.

The Committee 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 Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman, B E Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson
Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes Holt
Y Horne Y Houston
Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen E Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall
McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts
Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens
Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren E Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

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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.

Representative Maddox of the 172nd 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 392. By Representatives Brown of the 69th, Harbin of the 118th, Keen of the 179th, Cooper of the 41st and Scheid of the 22nd:

A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the O.C.G.A., relating to indigent and elderly patients, so as to provide for a quality assessment fee on care management organizations to be used to obtain federal financial participation for medical assistance payments; to provide for authority; to provide for definitions; to establish a segregated account within the Indigent Care Trust Fund for the deposit of assessment fees; to provide for a method for calculating and collecting the assessment fees; to authorize the Department of Community Health to inspect records of care management organizations; to provide for penalties for failure to pay an assessment fee; to provide for the collection of assessment fees by civil action and tax liens; to provide for the appropriation of funds in the segregated account for medical assistance payments; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

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

N Abdul-Salaam Y Amerson N Anderson Y Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges N Brooks Y Brown

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner N Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J

N Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley N Jackson Y Jacobs E James N Jamieson Y Jenkins E Jennings Y Johnson
Jones, J N Jones, S

Y Maxwell May
Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V

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N Bruce N Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B E Coleman, T Y Cooper Y Cox

E Fludd Y Forster N Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A

N Jordan Y Keen E Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Y Manning Y Marin Y Martin

Y Neal Y Oliver Y O'Neal N Orrock E Parham Y Parrish Y Parsons Y Porter
Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Smyre N Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet N Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren E Watson Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 143, nays 22.

The Bill, having received the requisite constitutional majority, was passed.

The Speaker Pro Tem assumed the Chair.

HB 106. By Representative Barnard of the 166th:

A BILL to be entitled an Act 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 definition of the term "sexually violent offense"; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:

A BILL

To amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions for penal institutions, so as to change certain provisions relating to the state sexual offender registry; to change provisions relating to registration requirements for offenders changing residency to this state; to change and add certain definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

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Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions for penal institutions, is amended by striking in its entirety Code Section 42-112, relating to the state sexual offender registry, and inserting in lieu thereof the following:
"42-1-12. (a) As used in this Code section, the term:
(1) 'Appropriate state official' means: (A) With respect to an offender who is sentenced to probation without any sentence of incarceration in the state prison system or who is sentenced pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, the Division of Probation of the Department of Corrections; (B) With respect to an offender who is sentenced to a period of incarceration in a prison under the jurisdiction of the Department of Corrections and who is subsequently released from prison or placed on probation, the commissioner of corrections or his or her designee; and (C) With respect to an offender who is placed on parole, the chairperson of the State Board of Pardons and Paroles or his or her designee; and (D) With respect to an offender who is placed on probation through a private probation agency, the director of the private probation agency or his or her designee.
(2) 'Board' means the Sexual Offender Registration Review Board. (2.1) 'Change in enrollment status' or 'change in employment status' means the commencement or termination of enrollment or employment. (2.2) 'Change in vocation status' means the commencement or termination of a vocation. (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. 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 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;

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(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; (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. (4.1) 'Institution of higher education' means a community college, state university, state college, or independent postsecondary institution. (5) 'Mental abnormality' means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons. (5.1) 'Minor' means any person under the age of 18 years. (6) 'Predatory' means an act directed at a stranger or a person with whom a relationship has been established or promoted for the primary purpose of victimization.

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(7) 'Sexually violent offense' means a conviction for violation of Code Section 16-61, relating to rape; Code Section 16-6-2, relating to aggravated sodomy; Code Section 16-6-4, relating to aggravated child molestation; or Code Section 16-6-22.2, relating to aggravated sexual battery; or an offense that has as its element engaging in physical contact with another person with intent to commit such an offense Code Section 16-521, relating to aggravated assault with intent to rape; or a conviction in a federal court, military court, tribal court, or court of another state or territory for any offense which under the laws of this state would be classified as a violation of a Code section listed in this paragraph. (8) 'Sexually violent predator' means a person who has been convicted on or after July 1, 1996, of a sexually violent offense and who suffers from a mental abnormality or personality disorder or attitude that places the person at risk of perpetrating any future predatory sexually violent offenses. (9) 'Vocation' means any sort of full-time, part-time, or volunteer employment with or without compensation exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year.
(b)(1)(A)(i) On and after July 1, 1996, a person who is convicted of a criminal offense against a victim who is a minor or who is convicted of a sexually violent offense shall register as a sex offender within ten days after his or her release from prison or placement on parole, supervised release, or probation his or her name and current address; place of employment and vocation, if any; the crime of which convicted; school name and address, if any; and the date released from prison or placed on parole, supervised release, or probation with the appropriate sheriffs office as specified in subsection (c) of this Code section in the county where such person will reside for the time period specified in subsection (g) of this Code section. (ii) A person who has previously been convicted of a criminal offense against a victim who is a minor or who has previously been convicted of a sexually violent offense and who is released from prison or placed on parole, supervised release, or probation on or after July 1, 1996, shall register within ten days after such release or placement his or her name and current address; place of employment and vocation, if any; the crime of which convicted; school name and address, if any; and the date released from prison or placed on parole, supervised release, or probation with the appropriate sheriffs office as specified in subsection (c) of this Code section in the county where such person will reside for the time period specified in subsection (g) of this Code section. (iii) On and after July 1, 1999, any resident of Georgia who is convicted under the laws of another state or territory, under the laws of the United States, under the Uniform Code of Military Justice, or in a tribal court of a sexually violent offense or a criminal offense against a victim who is a minor shall register within ten days after his or her release from prison or placement on parole, supervised release, or probation. The information such an offender is required to register shall include his or her name and current address; place of employment and vocation, if any; the

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crime of which convicted; school name and address, if any; and the date released from prison or placed on parole, supervised release, or probation. Such an offender shall register with the appropriate sheriffs office as specified in subsection (c) of this Code section in the county where such person will reside for the time period specified in subsection (g) of this Code section. (B) A person who is a sexually violent predator shall register within ten days after his or her release from prison or placement on parole, supervised release, or probation the information required under subparagraph (A) of this paragraph with the appropriate sheriffs office as specified in subsection (c) of this Code section in the county where such person will reside. The sheriff may prepare a list of such sexual predators providing each persons name, address, and photograph. The sheriff shall update the list periodically and may post such list in a prominent and visible location in the sheriffs office and each city hall or primary administration building of every incorporated municipality within the county. Such list shall also be made available upon request to any public or private elementary, secondary, or postsecondary school or educational institution located in the county. (2)(A) Upon a determination that an offender is guilty of a sexually violent offense, the court may request a report from the Sexual Offender Registration Review Board as to the likelihood that the offender suffers from a mental abnormality or personality disorder that would make the person likely to engage in a predatory sexually violent offense. The report shall be requested as a matter of course for any offender with a history of sexually violent offenses. The court shall provide the Sexual Offender Registration Review Board with any information available to assist the board in rendering an opinion. The board shall have 60 days from receipt of the courts request to respond with its report. After receiving a recommendation from the Sexual Offender Registration Review Board that a convicted sexually violent offender be classified as a sexually violent predator, the sentencing court shall so inform the offender and shall set a date to conduct a hearing affording the offender the opportunity to present testimony or evidence relevant to the recommended classification. After the hearing and within 60 days of receiving the report, the court shall issue a ruling as to whether or not the offender shall be classified as a sexually violent predator. If the court determines the offender to be a sexually violent predator, such fact shall be communicated in writing to the appropriate state official and to the Georgia Bureau of Investigation. (B) The Sexual Offender Registration Review Board shall be composed of three professionals licensed under Title 43 and knowledgeable in the field of the behavior and treatment of sexual offenders; at least one representative from a victims rights advocacy group or agency; and at least two representatives from law enforcement, each of whom is either employed by a law enforcement agency as a certified peace officer under Title 35 or retired from such employment. The members of such board shall be appointed by the commissioner of human resources for terms of four years. Members of the board shall take office on the first day of September immediately following the expired term of that office and shall serve for a term of four years and

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until the appointment of their respective successors. No member shall serve on the board more than two consecutive terms. Vacancies occurring on the board, other than those caused by expiration of a term of office, shall be filled in the same manner as the original appointment to the position vacated for the remainder of the unexpired term and until a successor is appointed. Members shall be entitled to an expense allowance and travel cost reimbursement the same as members of certain other boards and commissions as provided in Code Section 45-7-21. (C) The Sexual Offender Registration Review Board shall be attached to the Department of Human Resources for administrative purposes and provided there is adequate funding provided shall:
(i) Exercise its quasi-judicial, rule-making, or policy-making functions independently of the department and without approval or control of the department; (ii) Prepare its budget, if any, and submit its budgetary requests, if any, through the department; and (iii) Hire its own personnel if authorized by the Constitution of this state or by statute or if the General Assembly provides or authorizes the expenditure of funds therefor. (3)(A) If a person who is required to register under this Code section is released from prison or placed on parole, supervised release, or probation, the appropriate state official shall: (i) Inform the person of the duty to register and obtain the information required under subparagraph (A) of paragraph (1) of this subsection for such registration; (ii) Inform the person that, if the person changes residence address, employment address, vocation address, school name, school address, or enrollment status, the person shall give the new information to the sheriff or sheriffs with whom the person last registered and the sheriff or sheriffs of the county to which the person is changing residence address, employment address, vocation address, school name, school address, or enrollment status, not later than ten days after the change of information. Following such notification, the sheriffs office shall notify immediately the Georgia Bureau of Investigation through the Criminal Justice Information System (CJIS) of each change of information; (iii) Inform the person that the person must register in any state where the person is employed or carries on a vocation or is a student; (iv) Inform the person that, if the person changes residence to another state, the person shall register the new address with the sheriff or sheriffs with whom the person last registered, and that the person shall also register with a designated law enforcement agency in the new state not later than ten days after establishing residence in the new state; (v) Obtain fingerprints and a photograph of the person if such fingerprints and photograph have not already been obtained in connection with the offense that triggered the initial registration; and

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(vi) Require the person to read and sign a form stating that the duty of the person to register under this Code section has been explained. A copy of this form and any other registration information furnished by the Department of Corrections shall be forwarded to the Georgia Bureau of Investigation. (B) In addition to the requirements of subparagraph (A) of this paragraph, for a person required to register under subparagraph (B) of paragraph (1) of this subsection, the appropriate state official shall obtain the name of the person; descriptive physical and behavioral information to assist law enforcement personnel in identifying the person; known current or proposed residence addresses of the person; place of employment, if any; offense history of the person; and documentation of any treatment received for any mental abnormality or personality disorder of the person; provided, however, that the appropriate state official shall not be required to obtain any information already on the Criminal Justice Information System of the Georgia Crime Information Center. (C) The Georgia Crime Information Center shall create the Criminal Justice Information System network transaction screens by which appropriate state officials shall enter original data required by this Code section including residence address, school name, school address, enrollment status, and employment and vocation address and status. Screens shall also be created for sheriffs offices for the entry of record confirmation data; employment; changes of residence, school, or employment; or other pertinent data and to assist in offender identification. (D) Any person changing residence from another state or territory of the United States to Georgia who is required to register under federal law or the laws of another state, territory, or tribal authority or who has been convicted of an offense in another state, territory, or tribal authority which would require registration under this Code section if committed in this state shall comply with the registration requirements of this Code section. Such person shall register the new address, employment, and vocation information with the appropriate sheriff of the county as specified in subsection (c) of this Code section not later than ten days after the date of establishing residency in this state. Upon the persons registration with the sheriff of the county of new residence, the sheriff or his or her designee shall forward the registration information to the Georgia Bureau of Investigation. The sheriff or his or her designee shall obtain any needed information concerning the registrant, including fingerprints and a photograph of the person if such fingerprints and photograph have not previously been obtained within the State of Georgia. In addition, the sheriff or his or her designee shall inform the person of the duty to report any change of address as otherwise required in this Code section. The Georgia Bureau of Investigation shall forward such information in the manner described in subsection (c) of this Code section. shall be subject to the following registration requirements: (i) Any person changing residence from another state or territory of the United States to Georgia who is required to register under federal law or the laws of another state, territory, or tribal authority shall comply with the registration

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requirements of this Code section and register in this state regardless of when the conviction occurred. (ii) Any person changing residence from another state or territory of the United States to Georgia who has been convicted of an offense in another state, territory, or tribal authority which would require registration under this Code section if committed in this state shall comply with the registration requirements of this Code section regardless of when the conviction occurred. (iii) Any person who is subject to the registration requirements of this Code section shall register the new address, employment, and vocation information with the appropriate sheriff of the county as specified in subsection (c) of this Code section not later than ten days after the date of establishing residency in this state. (iv) Upon the persons registration with the sheriff of the county of new residence, the sheriff or the sheriffs designee shall forward the registration information to the Georgia Bureau of Investigation. The sheriff or the sheriffs designee shall obtain any needed information concerning the registrant, including fingerprints and a photograph of the person if such fingerprints and photograph have not previously been obtained within the State of Georgia. In addition, the sheriff or the sheriffs designee shall inform the person of the duty to report any change of address as otherwise required in this Code section. The Georgia Bureau of Investigation shall forward such information in the manner described in subsection (c) of this Code section. (v) Any person who is subject to the registration requirements of this Code section shall be required to register in Georgia for the remaining period of time established by the state of last registration, or for the period of time as set forth in subsection (g) of this Code section, whichever is longer. (vi) Any person who is designated in another state as a sexually violent predator and changes residency to Georgia shall also be designated as a sexually violent predator in this state and subject to subsection (g) of this Code section. (E) The following persons are also required to register: (i) Any nonresident who enters this state for the purpose of employment for a period exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year and who is required to register under federal law, military law, tribal law, or the laws of another state or territory, which, based on an act, would require registration under this Code section; or (ii) Any nonresident who enters this state for the purpose of attending school as a full-time or part-time student and who is required to register under federal law, military law, tribal law, or the laws of another state or territory, which, based on an act, would require registration under this Code section. Any person required to register by this subparagraph shall not later than ten days after the person enters the state register with the sheriff of the county of his or her temporary address, with the sheriff of the county of his or her employment, and with the sheriff of the county in which the person is attending school. The information registered shall include the persons temporary address, permanent address in the

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persons state of residence, employment and vocation address and status, and school name, school address, and enrollment status. Upon the persons registration, the sheriff or the sheriffs designee shall forward the registration information to the Georgia Bureau of Investigation. The sheriff or the sheriffs designee shall obtain the fingerprints and photograph of the person, if the persons fingerprints and photograph have not previously been obtained in Georgia. The sheriff or the sheriffs designee shall inform the person of his or her duty to report any change in temporary residence, permanent residence, employment and vocation address and status, school name, school address, or enrollment status. (4) A person who is required to register under any provision of this Code section shall: (A) Report in person within ten days of release from prison, placement on probation, parole, or supervised release to the appropriate sheriffs office of the county or counties where the person resides, is employed, or attends school. A person who is so required to register must provide his or her street address to the sheriff of the persons county of residence; (B) Report in person within ten days to the appropriate sheriff or sheriffs if the person changes residence address, employment address, vocation address, school name, school address, or enrollment status; (C) In the event of a move to a new state, advise the sheriff of the county where the person last registered of his or her impending move within ten days of moving. He or she shall also report to the designated law enforcement agency in the new state of residence within ten days of arrival at the new residence; (D) Read and sign the offender registration notification form at the time of registration; and (E) Report in person to the sheriff of the persons county of residence within ten days of the anniversary date of the original registration with the offenders verification form from the Georgia Bureau of Investigation. (c)(1) The appropriate state official shall, within three days after receipt of information described in paragraph (3) of subsection (b) of this Code section, forward such information to the Georgia Bureau of Investigation. Once the data is entered into the Criminal Justice Information System by the appropriate state official or sheriff, the Georgia Crime Information Center, where appropriate, shall immediately notify the sheriff of the persons county of residence, either permanent or temporary, the sheriff of the county of employment, and the sheriff of the county where the person attends school. The Georgia Bureau of Investigation shall also immediately transmit the conviction data and fingerprints to the Federal Bureau of Investigation. It shall be the duty of the sheriff of each county within this state to maintain a register of the names and addresses of all registered offenders within the sheriffs jurisdiction whose names have been provided by the Georgia Bureau of Investigation to the sheriff under this Code section. The Georgia Bureau of Investigation shall establish operating policies and procedures concerning record ownership, quality, verification, modification, and cancellation and shall perform mail out and verification duties on a

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quarterly basis. The Georgia Bureau of Investigation shall send each month Criminal Justice Information System network messages to sheriffs listing offenders due for verification. The bureau shall also create a photo image file from original entries and provide such entries to sheriffs to assist in offender identification and verification. (2) Any person who is required to register under this Code section and who is enrolled, employed, or carries on a vocation at an institution of higher education in this state shall provide the name, address, and county of each institution including each campus attended and the persons position or enrollment status, as well as any change in enrollment, employment, or vocation status. The requirements of this paragraph shall be accomplished in a manner specified in subparagraphs (b)(1)(A), (b)(1)(B), (b)(3)(A), (b)(3)(D), and (b)(3)(E) of this Code section. (3) The Georgia Bureau of Investigation shall establish operating policies and procedures in order to provide prompt notice of offender registration and any change in status information contained in paragraph (2) of this subsection to any law enforcement agency having jurisdiction where an institution of higher education is located and to include notification to the campus police if appropriate for the institution of higher education. The law enforcement agency or agencies having jurisdiction where an institution of higher education is located shall provide a statement advising the campus community where law enforcement agency information may be obtained as provided by the state under 20 U.S.C. Section 1092 (f)(1) and 42 U.S.C. Section 1407 (j), concerning registered sex offenders. This information may be obtained at the law enforcement office of the institution, a local law enforcement agency with jurisdiction for the campus, or via the Georgia Bureau of Investigations Internet website. (c.1)(1) On an annual basis, the Department of Education shall obtain from the Georgia Bureau of Investigation a complete list of the names and addresses of all registered sexual offenders and shall send such list, accompanied by a hold harmless provision, to each public elementary and secondary school in this state. In addition, the Department of Education shall provide information to each public elementary and secondary school in this state 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. The Department of Education shall make such information available to any private school upon request. (2) The Office of School Readiness shall provide, on a one-time basis, information to all child care programs regulated pursuant to Code Section 20-1A-5 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 and shall include, on a continuing basis, such information with each application for licensure. (3) The Department of Human Resources shall provide, on a one-time basis, information to all day-care, group day-care, and family day-care programs regulated 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 shall include, on a

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continuing basis, such information with each application for licensure, commissioning, or registration for early care and education programs. (d)(1) For a person required to register under subparagraph (b)(1)(A) of this Code section, on each anniversary of the persons initial registration date during the period in which the person is required to register under this Code section, the following applies:
(A) The Georgia Bureau of Investigation shall mail a nonforwardable verification form to the last reported address of the person; (B) Upon receipt of the verification form the person shall be required to report in person to the sheriff of the persons county of residence within ten days of the anniversary date; (C) The verification form stating that the person still resides at the address last reported to the Georgia Bureau of Investigation shall be signed by the person and retained by the sheriff; (D) The person shall report to the sheriff of the persons county of residence to be photographed every year within ten days of the anniversary date of the original registration; and (E) If the person fails to respond directly to the sheriff within ten days after receipt of the form, the person shall be in violation of this Code section. (2) The provisions of paragraph (1) of this subsection shall be applied to a person required to register under subparagraph (b)(1)(B) of this Code section, except that such person must verify the registration every 90 days after the date of the initial release on probation by the court or the initial release by the Department of Corrections or commencement of parole. (e) A change of address by a person required to register under this Code section reported to the Georgia Bureau of Investigation shall be immediately reported to the sheriff of the county where the person resides as set forth in subparagraph (b)(3)(E) of this Code section. The Georgia Bureau of Investigation shall, if the person changes residence to another state, notify the law enforcement agency with which the person must register in the new state. (f) A person who has been convicted of an offense which requires registration under this Code section shall register the new address with a designated law enforcement agency in another state to which the person moves not later than ten days after such person establishes residence in the new state if the new state has a registration requirement. (g) A person required to register under subparagraph (b)(1)(A) of this Code section shall continue to comply with this Code section, except during ensuing periods of incarceration, during which time all registration requirements shall be stayed. Upon release from incarceration, the person shall report to the sheriff of the persons county of residence within ten days from the date of release from incarceration, until: (1) Ten years have elapsed since the person was released from prison or placed on parole, supervised release, or probation; or (2) For the life of that person if that person:

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(A) Has one or more prior convictions for an offense described in subparagraph (a)(4)(A) and paragraph (7) of subsection (a) of this Code section; (B) Has been convicted of an aggravated offense described in paragraph (7) of subsection (a) of this Code section; or (C) Has been determined to be a sexually violent predator pursuant to subparagraph (b)(2)(A) of this Code section. (h) Any person who is required to register under this Code section and who fails to comply with the requirements of this Code section or who provides false information shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years; provided, however, that upon the conviction of the second or subsequent offense under this subsection, the defendant shall be punished by imprisonment for not less than one nor more than three years or by a fine in an amount of up to $100,000.00, or both. (i) The information collected under the state registration program shall be treated as private data except that: (1) Such information may be disclosed to law enforcement agencies for law enforcement purposes; (2) Such information may be disclosed to government agencies conducting confidential background checks; (3) The Georgia Bureau of Investigation or any sheriff maintaining records required under this Code section shall release relevant information collected under this Code section that is necessary to protect the public concerning those persons required to register under this Code section, except that the identity of a victim of an offense that requires registration under this Code section shall not be released. In addition to any other notice that may be necessary to protect the public, nothing in this Code section shall prevent any sheriff from posting this information in any public building in addition to those locations enumerated in subparagraph (b)(1)(B) of this Code section; and (4) It shall be the responsibility of the sheriff maintaining records required under this Code section to enforce the criminal provisions of this Code section. The sheriff may request the assistance of the Georgia Bureau of Investigation upon his or her discretion. (j) Law enforcement agencies, employees of law enforcement agencies, members of the Sexual Offender Registration Review Board, and state officials shall be immune from liability for good faith conduct under this Code section. (k) The provisions of this Code section shall be in addition to and not in lieu of the provisions of Code Section 42-9-44.1, relating to conditions for parole of sexual offenders. (l) The Board of Public Safety is authorized to promulgate rules and regulations necessary for the Georgia Bureau of Investigation and the Georgia Crime Information Center to implement and carry out the provisions of this Code section. (m) No cause of action shall arise against any real estate broker or any affiliated licensee of the broker or any person or entity or its employees which own property or

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any person or entity or its employees who provide property management services as defined in paragraph (7) of Code Section 43-40-1 for the failure to disclose in any real estate transaction any information which is provided or maintained or required to be provided or maintained in accordance with this Code section. No cause of action shall arise against any real estate broker or any affiliated licensee of the broker or any person or entity or its employees which own property or any person or entity or its employees who provide property management services as defined in paragraph (7) of Code Section 43-40-1 for revealing any information provided or maintained or required to be provided or maintained in accordance with this Code section. (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 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Barnard of the 166th, Willard of the 49th and Butler of the 18th move to amend the Committee substitute to HB 106 by striking lines 15 through 18 of page 3 and inserting in lieu thereof the following:

"(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."

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 Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F

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Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G
Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B E Coleman, T Y Cooper Y Cox

Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner
Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A

E James Y Jamieson Y Jenkins E Jennings Y Johnson
Jones, J Y Jones, S Y Jordan Y Keen E Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas
Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin

Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray
Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren E Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 162, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Jones of the 46th 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.

HR 166. By Representative Barnard of the 166th:

A RESOLUTION authorizing the conveyance of certain state owned real property located in Brantley County, Georgia; authorizing the conveyance of certain state owned real property located in Chatham County, Georgia; authorizing the conveyance of certain state owned real property located in Cherokee County, Georgia; authorizing the leasing of certain state owned property located in Fulton County, Georgia; authorizing the conveyance of certain state owned real property located in Fulton County, Georgia; authorizing the conveyance of certain state owned real property located in Jackson County, Georgia; authorizing the conveyance of certain state owned

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real property located in Meriwether County, Georgia; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Brantley County, Georgia; authorizing the conveyance of certain state owned real property located in Chatham County, Georgia; authorizing the conveyance of certain state owned real property located in Cherokee County, Georgia; authorizing the leasing of certain state owned property located in Fulton County, Georgia; authorizing the conveyance of certain state owned real property located in Fulton County, Georgia; authorizing the conveyance of certain state owned real property located in Jackson County, Georgia; authorizing the conveyance of certain state owned real property located in Meriwether County, Georgia; authorizing the conveyance of certain state owned real property located in Taliaferro County, Georgia; authorizing the conveyance of certain state owned real property located in Troup County, Georgia; authorizing the conveyance of certain state owned real property located in Union County, Georgia; authorizing the conveyance of certain state owned property located in Hamilton County, Tennessee; authorizing the conveyance of certain state owned property in Bartow County, Georgia; authorizing the conveyance of certain state owned property in Carroll County, Georgia; authorizing the conveyance of certain state owned property in Clarke County, Georgia; authorizing the conveyance of certain state owned property in Irwin County, Georgia; authorizing the leasing of certain state owned property in Rabun County, Georgia; to repeal conflicting laws; and for other purposes.
WHEREAS: (1) The State of Georgia is the owner of two certain parcels of real property located in Brantley County, Georgia; (2) Said real property are all those tracts or parcels of land lying and being in land lots 127 and 128 of the 9th district of Brantley County and containing a total of approximately 137.08 acres as shown on a plat of survey prepared by Everett Tomberlin, Georgia Registered Land Surveyor #2922, dated February 20, 2004, and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said parcels are a portion of Dixon Memorial State Forest, now under the custody of the Georgia Forestry Commission; (4) The Axson Timber Company has agreed to convey five parcels containing a total of approximately 102.8 acres constituting inholdings within Dixon Memorial State Forest in exchange for the above-described state owned parcels;

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(5) It has been determined that the value of the property to be conveyed to Axson Timber Company is greater than the value of the property to be acquired by the state and Axson Timber Company has agreed to compensate the state for the difference in values; (6) The Georgia Forestry Commission by Resolution dated August 11, 2004, recommended the exchange of the above-described properties; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Chatham County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the 8th GMD of Chatham County consisting of 1.619 acres as shown on a plat of survey dated March 7, 1997, and prepared by Lamar O. Reddick, Georgia Registered Land Surveyor #1387, and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Technical and Adult Education and has been the location of the Quick Start program; (4) The Department of Technical and Adult Education has relocated its Savannah Quick Start program to the Savannah Tech Crossroads Building and no longer has a need for the above-described property; (5) It would be in the best interest of the State of Georgia to sell the above-described property by competitive bid; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Cherokee County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in land lot 159 of the 14th district, 2nd section of Cherokee County, containing approximately 1.50 acres as described on that certain deed of conveyance to the State of Georgia being recorded as real property record number 004616 and being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Public Safety and was used as a state patrol post; (4) The Department of Public Safety has relocated the activities performed on the above-described property and has declared the property surplus; (5) The above-described property was conveyed to the state in 1962 by Cherokee County for the consideration of $10.00 with the provision that if the property ever ceased being used as a state patrol post the property would revert;

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(6) Cherokee County is desirous of having the state convey its interest in the property back to the county; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Fulton County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in land lot 22 of the 14th district of Fulton County, Georgia and containing 0.51 of one acre and is more particularly described on a plat of survey identified as tract "B" dated September 13, 2004, and prepared by Scott L. Reece, Georgia, registered land surveyor #2648 and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Defense and is a portion of the parking lot of the National Guard Armory located at Charlie Brown Airport; (4) Brown Jet Center, Inc., a subsidiary of Home Depot, Inc., is located adjacent to the above-mentioned National Guard Armory; (5) Brown Jet Center, Inc. is desirous of leasing the above-described 0.51 of one acre parcel of property in order to expand its facilities; (6) The Department of Defense has reviewed the proposal by Brown Jet Center, Inc., and has declared the above-described property surplus to the needs of the department; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Fulton County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in land lot 75 of the 14th District of Fulton County, Georgia containing 0.354 of one acre and being more particularly described on a plat of survey prepared by Perry E. McClung, Georgia Registered Land Surveyor #1541 dated June 1, 2000, and being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property was conveyed in error to the State of Georgia rather than the Georgia Department of Transportation by the City of Atlanta in 1982 for use in a highway project; (4) Said property was sold by the Department of Transportation in 1993 to Habitat for Humanity for a consideration of $7,000.00; (5) Habitat for Humanity is desirous of acquiring the State of Georgias interest in the above-described property in order to remove the cloud from the title; (6) The Department of Transportation endorses the conveyance of the State of Georgias interest in the above-described property to Habitat for Humanity; and

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WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Jackson County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the 245th GMD of Jackson County, Georgia and containing approximately 1 acre as described on that certain deed of conveyance from Jackson County to the State of Georgia being real property record #004448, and being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is the former location of the Georgia Forestry Commission Jackson County unit office; (4) The Georgia Forestry Commission has consolidated the activities of the above mentioned Jackson County unit office with the Barrow, Clarke, and Oconee County units and has declared the above-described property surplus to the needs of the commission; (5) The above-described property was conveyed to the state in 1956 by Jackson County for a consideration of $1.00; (6) The above-described property is surrounded on three sides by property owned by the Jackson County Board of Education and said Board of Education is desirous of acquiring the above-described property for public purpose; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Meriwether County, Georgia; (2) Said real property is all those tracts or parcels of land lying and being in land lot 243 of the 2nd district of Meriwether County and containing approximately 1.39 acres as shown on a plat of survey prepared by J. H. Smith, Georgia Registered Land Surveyor #777, dated June 2, 1955, and also containing approximately 1 acre as shown on a plat of survey prepared by Clarence O. Kilby, Georgia Registered Land Surveyor #1472, dated July 20, 1978, all being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is the former location of the Department of Natural Resources Meriwether County regional office; (4) The Department of Natural Resources has consolidated certain of its locations and activities and has now closed the Meriwether County site and has declared the property surplus to the needs of the department; (5) The City of Manchester conveyed the above-described property to the state in 1973 for a consideration of $1.00; (6) The City of Manchester is desirous of acquiring the above-described property for public purposes; and

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WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Taliaferro County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the 601st GMD of Taliaferro County and containing approximately 1.15 acres as shown on a plat of survey entitled "Georgia Forestry Commission" as prepared by T. Larry Rachels, Georgia Registered Land Surveyor #1730, dated April 9, 1981, and being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is the location of the Georgia Forestry Commission Taliaferro County unit; (4) The Georgia Forestry Commission no longer has a need for the office unit at this location but will still require a tower site; (5) The Georgia Forestry Commission acquired the above-described property in 1982 from Melissa G. Walker and Lucy G. Hughes for a consideration of $1.00; (6) Taliaferro County is desirous of acquiring the above-described property for public purpose; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Troup County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in land lots 201 and 202 of the 6th district of Troup County and containing approximately 2.62 acres as shown on a plat of survey prepared by J. Hugh Camp, Georgia Registered Land Surveyor # 939, and dated December 27, 2004, and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is a portion of Georgia State Patrol Post 2 located in the City of LaGrange which was acquired in 1973 from Troup County for a consideration of $1.00; (4) Said property contains a partially developed firing range which is currently unusable and abandoned; (5) Troup County is desirous of acquiring the above-described property in order to construct a firing range and training area to be used by both local and state law enforcement officers; (6) The Board of Public Safety at its December 9, 2004, meeting recommended the conveyance of the above-described property to Troup County for the construction of a firing range and training area; and
WHEREAS:

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(1) The State of Georgia is the owner of a certain parcel of real property located in Union County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in land lot 302 of the 9th district 1st section of Union County and containing approximately 0.114 acres as shown on a plat of survey prepared by James L. Alexander, Georgia Registered Land Surveyor #2653, dated February 16, 1999, and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is a portion of the campus of the Union County Satellite Center of North Georgia Technical College; (4) The Department of Technical and Adult Education placed a 500 gallon, aboveground propane tank and pad at a location on the campus too close to the adjoining property owner, Union County, in violation of state code; (5) Union County has agreed to convey a 0.114 acre parcel adequate enough to bring the above-mentioned propane tank and pad within state code in exchange for the above-described state owned property; (6) The Department of Technical and Adult Education at its January 7, 1999, meeting approved the above-mentioned exchange; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Hamilton County, Tennessee; (2) Said real property is all that tract or parcel of land lying and being in the City of Chattanooga, Tennessee, and being a portion the Western and Atlantic Railroad right of way and consists of parcel 1 and parcel 7 as shown on Western and Atlantic Railroad Valuation map V3/3 and V/4 and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the State Properties Commission; (4) It has been determined that the above-described property is no longer needed for the operation of the Western and Atlantic Railroad and is therefore surplus to the needs of the State; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Bartow County, Georgia; (2) Said real property are all those tracts or parcels of land lying and being in land lots 604 and 605 of the 4th district, 3rd section of Bartow County and containing approximately 3.073 acres as shown on a plat of survey prepared by William C. Smith, Georgia Registered Land Surveyor #1803, dated October 17, 2001 and being on file in the offices of the State Properties Commission, and may be more

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particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is a portion of the right of way of the Western and Atlantic Railroad; (4) Said property is not within the lease limits of the Western and Atlantic Railroad right of way currently leased to CSX Transportation; (5) Said property is currently leased by the State Properties Commission to United Minerals and Properties, Inc.; (6) United Minerals and Properties, Inc. is desirous of acquiring the property in order to make certain capital improvements; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Carroll County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in land lot 218 of the 10th district of Carroll County and containing approximately 3.673 acres as shown on a plat of survey prepared by Timothy L. McGukin, Georgia Registered Land Surveyor #2289, dated January 12, 1989 and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is in the custody of the Department of Technical and Adult Education and is a portion of the Carrollton Campus of West Central Technical College; (4) The above-described property was valued at $75,000.00 in 1989 at which time the Carroll County Board of Education conveyed the property to the State of Georgia for a consideration of $1.00; (5) The above-described property has been appraised and a fair market value has been determined to be $1,150,000.00; (6) The Carroll County Judicial Complex adjoins the above-described property and the Carroll County Board of Commission is desirous of acquiring the property in order to expand their facilities; (7) The Department of Technical and Adult Education, by letter dated February 7, 2005 recommended the conveyance of said property to the Carroll County Board of Commissioners for a consideration of $1,075,000.00; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Clarke County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the 216th Georgia Militia District of Clarke County and containing approximately 1.72 acres as shown highlighted in orange on a drawing prepared by W. N., Jr., W. E. Hudson Surveyors dated August 1948 and being on file in the offices of the State Properties

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Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is in the custody of the Department of Agriculture and was formerly in use as a farmers market; (4) The above-described property has been declared surplus for the Department of Agriculture; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Irwin County, Georgia; (2) Said real property is all that tract or parcel of land containing 1.889 acres lying and being in original land lots 51 and/or 52 in the 5th land district of Irwin County, Georgia, described as BEGINNING at an established corner marked by an iron pen on the southwest right-of-way line of State Route No. 90 at or near the end of curve in said State Route 90, and running thence along said right of way line south 38 degrees east 266 feet; thence south 52 degrees west 273 feet; thence north 38 degrees west 300 feet; thence north 52 degrees east 273 feet to the point of beginning. All according to plat of survey of same made by Eddie L. Carter, Surveyor, dated February 15th 1960 and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is in the custody of the Department of Agriculture and was formerly in use as a sweet potato curing house; (4) The above-described property was conveyed to the State of Georgia on May 17, 1960 by the Board of Commissioners of Roads and Revenues for Irwin County for a consideration of $1.00; (5) The above-described property is no longer needed by the Department of Agriculture and the Commissioner has declared the property surplus; (6) The Board of Commissioners of Irwin County is desirous of acquiring the abovedescribed property for the furtherance of public purpose; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Rabun County, Georgia; (2) Said real property is all that tract or parcel of land containing 0.0189 of one acre lying and being in land lot 66 of the 2nd district of Rabun County, Georgia, and is more particularly described highlighted in orange on a revised plat of survey dated April 29, 1995 prepared by William F. Rolader, Georgia Registered Land Surveyor # 2042 and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval;

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(3) Said property is in the custody of the Department of Natural Resources and is a part of Black Rock Mountain State Park; (4) The above-described property has been leased by the State of Georgia to Currahee Paging since November 15, 1995 for a consideration of $650.00 annually; (5) Currahee Paging is desirous of leasing the above-described property for a term of 10 years; (6) The Department of Natural 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:
ARTICLE I SECTION 1.
That the State of Georgia is the owner of the above-described Brantley County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 2. That the above-described 137.08 acre tracts of real property may be conveyed to Axson Timber Company by the State of Georgia, acting by and through its State Properties Commission, in exchange for five parcels containing a total of 102.87 owned by Axson Timber Company with the difference in values of the respective properties to be paid to the state by Axson Timber Company 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 3. That the authorization in this resolution to exchange the above-described properties shall expire five years after the date that this resolution becomes effective.
SECTION 4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale.
SECTION 5. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Brantley County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 6.

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That custody of the above-described property shall remain in the Georgia Forestry Commission until the property is conveyed.
ARTICLE II SECTION 7.
That the State of Georgia is the owner of the above-described Chatham County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 8. That the above-described real property may be sold by competitive bid by the State of Georgia, acting by and through its State Properties Commission, for a consideration of not less than the fair market value as determined by the State Properties Commission to be in the best interest of the state and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 9. That the authorization in this resolution to sell the above-described property by competitive bid shall expire five years after the date that this resolution becomes effective.
SECTION 10. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale.
SECTION 11. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 12. That custody of the above-described property shall remain in the Department of Technical and Adult Education until the property is sold.
ARTICLE III SECTION 13.
That the State of Georgia is the owner of the above-described Cherokee County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

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SECTION 14. That the above-described real property may be conveyed by appropriate instrument by the State of Georgia, acting by and through the State Properties Commission, to Cherokee County for a consideration of $1.00, so long as the property is used for public purpose, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 15. That the authorization in this resolution to convey the above-described property shall expire three years after the date that this resolution becomes effective.
SECTION 16. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 17. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Cherokee County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 18. That custody of the above-described property shall remain in the Department of Public Safety until the property is conveyed.
ARTICLE IV SECTION 19.
That the State of Georgia is the owner of the above-described Fulton County real property and that in all matters relating to the leasing of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 20. That the above-described 0.51 of one acre parcel of property may be leased to Brown Jet Center, Inc. by the State of Georgia, acting by and through its State Properties Commission, for a consideration of the fair market value and for a term of ten years with four extensions of ten years each at lessees option 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 21. That the authorization in this resolution to lease the above-described property shall expire three years after the date that this resolution becomes effective.

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SECTION 22. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease.
SECTION 23. That the leasing instrument shall be recorded by the grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 24. That custody of the above-described property shall remain in the Department of Defense until the property is leased.
ARTICLE V SECTION 25.
That the State of Georgia is the owner of the above-described Fulton County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 26. That the above-described property may be conveyed to Habitat for Humanity by the State of Georgia, acting by and through its State Properties Commission, for a consideration of $1.00, 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 27. That the authorization in this resolution to convey the above-described property shall expire three years after the date that this resolution becomes effective.
SECTION 28. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 29. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE VI SECTION 30.

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That the State of Georgia is the owner of the above-described Jackson County real property and that in all matters relating to the conveyance of the real property interest the State of Georgia is acting by and through its State Properties Commission.
SECTION 31. That the above-described real property may be conveyed by appropriate instrument to the Jackson County Board of Education by the State of Georgia, acting by and through the State Properties Commission, for a consideration $1.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 32. That the authorization in this resolution to convey the above-described property to the Jackson County Board of Education shall expire three years after the date that this resolution becomes effective.
SECTION 33. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 34. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Jackson County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 35. That custody of the property will remain in the Georgia Forestry Commission until the property is conveyed.
ARTICLE VII SECTION 36.
That the State of Georgia is the owner of the above-described Meriwether County real property and that in all matters relating to the conveyance of the real property interest the State of Georgia is acting by and through its State Properties Commission.
SECTION 37. That the above-described real property may be conveyed by appropriate instrument to the City of Manchester by the State of Georgia, acting by and through the State Properties Commission, for a consideration $1.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

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SECTION 38. That the authorization in this resolution to convey the above-described property to the City of Manchester shall expire three years after the date that this resolution becomes effective.
SECTION 39. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 40. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Meriwether County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 41. That custody of the above-described property shall remain in the Department of Natural Resources until the property is conveyed to the City of Manchester.
ARTICLE VIII SECTION 42.
That the State of Georgia is the owner of the above-described Taliaferro County real property and that in all matters relating to the conveyance of the real property interest the State of Georgia is acting by and through its State Properties Commission.
SECTION 43. That the above-described real property may be conveyed by appropriate instrument to Taliaferro County by the State of Georgia, acting by and through the State Properties Commission, for a consideration $1.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 44. That the authorization in this resolution to convey the above-described property interest to Taliaferro County shall expire five years after the date that this resolution becomes effective.
SECTION 45. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 46.

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That the deed of conveyance shall be recorded by the grantee in the Superior Court of Taliaferro County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 47. That custody of the above-described property shall remain in the Georgia Forestry Commission until the property is conveyed to Taliaferro County.
ARTICLE IX SECTION 48.
That the State of Georgia is the owner of the above-described Troup County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 49. That the above-described real property may be conveyed by appropriate instrument to Troup County by the State of Georgia, acting by and through the State Properties Commission, for a consideration $1.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 50. That the authorization in this resolution to convey the above-described property to Troup County shall expire three years after the date that this resolution becomes effective.
SECTION 51. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 52. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Troup County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 53. That custody of the above-described property shall remain in the Georgia Forestry Commission until the property is conveyed.
ARTICLE X SECTION 54.

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That the State of Georgia is the owner of the above-described Union County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 55. That the above-described real property interest may be conveyed by appropriate instrument to Union County by the State of Georgia, acting by and through the State Properties Commission, for a consideration $1.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 56. That the authorization in this resolution to convey the above-described property interest to Union County shall expire three years after the date that this resolution becomes effective.
SECTION 57. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 58. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Union County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 59. That custody of the above-described property shall remain in the Department of Technical and Adult Education until the property is conveyed to Union County.
ARTICLE XI SECTION 60.
That the State of Georgia is the owner of the above-described Hamilton County, Tennessee, real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 61. That the above-described real property may be sold by the State of Georgia, acting by and through the State Properties Commission, by competitive bid for a consideration of not less than the fair market value as determined by the State Properties Commission, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

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SECTION 62. That the authorization in this resolution to sell the above-described property shall expire five years after the date that this resolution becomes effective.
SECTION 63. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale.
SECTION 64. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Hamilton County, Tennessee, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 65. That custody of the above-described property shall remain in the State Properties Commission until the property is conveyed.
ARTICLE XII SECTION 66.
That the State of Georgia is the owner of the above-described Bartow County, real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 67. That the above-described real property may be sold by the State of Georgia, acting by and through the State Properties Commission to United Minerals and Properties, Inc. for a consideration of not less than the fair market value and determined by the State Properties Commission to be in the best interest of the State of Georgia, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 68. That the authorization in this resolution to sell the above-described property shall expire five years after the date that this resolution becomes effective.
SECTION 69. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 70. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Bartow County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 71. That custody of the above-described property shall remain in the State Properties Commission until the property is conveyed.
ARTICLE XIII SECTION 72.
That the State of Georgia is the owner of the above-described Carroll County, real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 73. That the above-described real property may be sold by the State of Georgia, acting by and through the State Properties Commission to the Carroll County Board of Commissioners for a consideration of $1,075,000.00, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 74. That the authorization in this resolution to sell the above-described property shall expire five years after the date that this resolution becomes effective.
SECTION 75. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 76. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Carroll County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 77. That custody of the above-described property shall remain in the Department of Technical and Adult Education until the property is conveyed.
ARTICLE XIV SECTION 78.
That the State of Georgia is the owner of the above-described Clarke County, real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

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SECTION 79. That the above-described real property may be sold by the State of Georgia, acting by and through the State Properties Commission by competitive bid for a consideration of not less than the fair market value as determined by the State Properties Commission to be in the best interest of the State of Georgia, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 80. That the authorization in this resolution to sell the above-described property shall expire three years after the date that this resolution becomes effective.
SECTION 81. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 82. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Clarke County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 83. That custody of the above-described property shall remain in the Department of Agriculture until the property is conveyed.
ARTICLE XV SECTION 84.
That the State of Georgia is the owner of the above-described Irwin County, real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 85. That the above-described real property may be conveyed by the State of Georgia, acting by and through the State Properties Commission to Irwin County for a consideration of $1.00, so long as the property is used for public purpose, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 86. That the authorization in this resolution to sell the above-described property shall expire three years after the date that this resolution becomes effective.

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SECTION 87. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 88. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Irwin County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 89. That custody of the above-described property shall remain in the Department of Agriculture until the property is conveyed.
ARTICLE XVI SECTION 90.
That the State of Georgia is the owner of the above-described Rabun County, real property and that in all matters relating to the leasing of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 91. That the above-described real property may be leased by the State of Georgia, acting by and through the State Properties Commission to Currahee Paging for a term of 10 years following the expiration of the lease entered into pursuant to said 1995 resolution, subject to the following conditions:
(1) The consideration for the lease shall be $650.00 per year payable in advance for the term of the lease; (2) Any sublease of said tower site or any sublease to locate additional equipment upon said tower or site shall first be approved by the State Properties Commission as to terms and conditions; and (3) Such other terms and conditions as determined by the State Properties Commission to be in the best interest of the State.
SECTION 92. That the authorization in this resolution to lease the above-described property shall expire three years after the date that this resolution becomes effective.
SECTION 93. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 94. That the lease of the property shall be recorded by the grantee in the Superior Court of Rabun County and a recorded copy shall be forwarded to the State Properties Commission.

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ARTICLE XVII SECTION 95.

That all laws and parts of laws in conflict with this resolution are repealed.

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 Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G
Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas
Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B E Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings
Davis N Day Y Dean Y Dickson E Dodson
Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick
Graves, D Y Graves, T Y Greene Y Hanner
Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen E Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall Y McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal
Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M
Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren E Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the adoption of the Resolution, by substitute, the ayes were 154, nays 1.

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The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
Representative Rynders of the 152nd 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 254. By Representatives Knox of the 24th, Keen of the 179th, Ralston of the 7th and Ehrhart of the 36th:
A BILL to be entitled an Act to amend Chapter 1 of Title 15 of the O.C.G.A., relating to general provisions of courts, so as to authorize the establishment of drugs courts divisions within certain courts; to provide for assignment of certain cases to a drug court division; to provide for jurisdiction; to provide for judges and their appointment, designation, and terms; to provide for district attorneys, public defenders, a clerk, probation officers, and other employees; to authorize agreements with other courts and agencies for the assignment of personnel to such court; to authorize judges to complete a planned program of instruction; to provide for powers and duties of the drug court division; to provide for expenses; to provide for admissibility of certain matters in certain proceedings; to provide for access to certain information and confidentiality; to provide for costs; 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 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions of courts, so as to authorize the establishment of drugs courts divisions within certain courts; to provide for assignment of certain felony and misdemeanor cases to a drug court division; to provide for jurisdiction; to provide for judges and their appointment, designation, and terms; to provide for district attorneys, public defenders, a clerk, probation officers, and other employees; to authorize agreements with other courts and agencies for the assignment of personnel to such court; to authorize judges to complete a planned program of instruction; to provide for powers and duties of the drug court division; to provide for expenses; to provide for admissibility of certain matters in certain proceedings; to provide for access to certain information and confidentiality; to provide for costs; 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. Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions of courts, is amended by adding a new Code section to the end of the chapter to read as follows:
"15-1-15. (a)(1) Any court that has jurisdiction over any criminal case which arises from the use, sale, possession, delivery, distribution, purchase, or manufacture of a controlled substance, noncontrolled substance, dangerous drug, or other drug may establish a drug court division to provide an alternative to the traditional judicial system for disposition of such cases. (2) In any case which arises from the use, sale, possession, delivery, distribution, purchase, or manufacture of a controlled substance, noncontrolled substance, dangerous drug, or other drug or is ancillary to such conduct, the court may assign the case to the drug court division: (A) Prior to the entry of the sentence, if the prosecuting attorney consents; (B) As part of a sentence in a case; or (C) Upon consideration of a petition to revoke probation. (3) Each drug court division shall adopt policies and procedures consistent with the Standards of Drug Courts adopted by the Judicial Council of Georgia, establish conditions, protocol, and rules for referral of such cases to the drug court. The drug court division shall combine judicial supervision, treatment of drug court division participants, and drug testing. (4) Each drug court division shall have the same jurisdiction as the court that established the drug court division. The court instituting the drug court division may designate one or more judges to sit as judges of the drug court division. In addition, the court may designate one or more judges to sit as judges of the drug court division on a standby basis. The court instituting the drug court division shall require the drug court judges to complete a planned program of instruction in criminal law, substance abuse, treatment alternatives, psychology, family dynamics, and working with diverse populations. (5) The court instituting the drug court division may request the prosecuting attorney for the jurisdiction to designate one or more prosecuting attorneys to serve in the drug court division and may request the public defender, if any, to designate one or more assistant public defenders to serve in the drug court division. (6) The clerk of the court instituting the drug court division or such clerks designee shall serve as the clerk of the drug court division. (7) The court instituting the drug court shall designate probation officers and other employees of the court to perform duties for the drug court division. Such employees shall perform duties as directed by the judges of the drug court division. (8) The court instituting the drug court may enter into agreements with other courts and agencies for the assignment of personnel from other courts and agencies to the drug court division.

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(9) Expenses for salaries, equipment, services, and supplies incurred in implementing this Code section shall be paid from state funds and from the funds of the county or political subdivision implementing such drug court division. (b) Upon the successful completion of the drug court division program, the case against the drug court division participant may be dismissed or reduced or the sentence of the drug court division participant may be reduced or modified. Successful completion of the drug court division program by the drug court division participant shall be determined by the judge of the drug court division. Any plea of guilty or nolo contendere entered pursuant to this Code section may not be withdrawn without the consent of the court. (c) Any statement made by a drug court division participant as part of participation in such court, or any report made by the staff of the court or program connected to the court, regarding a participants substance usage shall not be admissible as evidence against the participant in any legal proceeding or prosecution; provided, however, if the participant violates the conditions of his or her participation in the program or is terminated from the drug court division, the reasons for the violation or termination may be considered in sanctioning, sentencing, or otherwise disposing of the participants case. (d) Notwithstanding any provision of law to the contrary, drug court division staff shall be provided, upon request, with access to all records relevant to the treatment of the drug court division participant from any state or local government agency. All such records and the contents thereof shall be treated as confidential, shall not be disclosed to any person outside of the drug court division, and shall not be subject to Article 4 of Chapter 18 of Title 50, relating to open records, or subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding. Such records and the contents thereof shall be maintained by the drug court division and originating court in a confidential file not available to the public. (e) Any fees received by a drug court division from a drug court division participant as payment for substance abuse treatment and services shall not be considered as court costs or a fine. (f) The court may have the authority to accept grants and donations and other proceeds from outside sources for the purpose of supporting the drug court division. Any such grants, donations, or proceeds shall be retained by the drug court division for expenses."
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.
Pursuant to Rule 133, Representative Cox of the 102nd was excused from voting on HB 254.

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

Y Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks
Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G
Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter
Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Coleman, B E Coleman, T Y Cooper Cox

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England
Epps Y Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson
Hugley Y Jackson Y Jacobs E James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen E Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall Y McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham Y Parrish
Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sailor Scheid
Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren E Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, 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.

HB 390. By Representatives Scott of the 153rd and Brown of the 69th:

A BILL to be entitled an Act to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, so as to create a State Commission on the Efficacy of the

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Certificate of Need Program; to provide for legislative intent; to provide for composition of the commission and the commissions powers and duties; to provide for compensation of the members of the commission; to provide for officers of the commission; to provide for a quorum for the transaction of business; to provide for a final report; to provide for related matters; to provide an effective date; to provide for automatic repeal on a certain date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL
To amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, so as to create a State Commission on the Efficacy of the Certificate of Need Program; to provide for legislative intent; to provide for composition of the commission and the commissions powers and duties; to provide for compensation of the members of the commission; to provide for officers of the commission; to provide for a quorum for the transaction of business; to provide for a final report; to provide for related matters; to provide an effective date; to provide for automatic repeal on a certain date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, is amended by adding a new Article 5 to read as follows:
"ARTICLE 5
31-6-90. The General Assembly finds and declares that it is important to periodically assess various existing state programs to determine whether such programs continue to be viable and effective or whether they have become obsolete and have failed to or ceased to accomplish their original policy objectives. The General Assembly further finds that access to quality health care and the rising cost of such care are vitally important to the citizens of Georgia. Therefore, the General Assembly has determined that it is in the best interests of the state and its citizenry to undertake an evaluation of the certificate of need program.
31-6-91. There is created a State Commission on the Efficacy of the Certificate of Need Program for the purpose of studying and collecting information and data relating to the effectiveness of the certificate of need program in Georgia. The commission shall be

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responsible for conducting a comprehensive review of the certificate of need program which shall include, but not be limited to, the effectiveness of the program in accomplishing its original policy objectives, the costs associated with the program, and the impact on health care and costs of continuing or discontinuing the program. Further, the commission shall undertake to determine if changes to the program are needed in order to achieve its policy objectives. These changes include, but are not limited to, a determination as to whether services currently not subject to regulation should be regulated; whether services currently subject to regulation should no longer be regulated; and whether the current statutory appeals procedure properly balances the competing goals of good decision making and timeliness, as well as whether or not it is subject to abuse.
31-6-92. (a) The State Commission on the Efficacy of the Certificate of Need Program shall be composed of 11 members. The Governor shall appoint four members. The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each appoint two members, as each deems advisable. The chairpersons of the Board of Community Health and the Health Strategies Council, and the Commissioner of the Department of Community Health shall be ex officio members of the commission. (b) The Governor shall designate the chairperson of the Board of Community Health or the chairperson of the Health Strategies Council to serve as the chairperson of the commission. The commission may elect other officers as deemed necessary. The chairperson of the commission may designate and appoint committees from among the membership of the commission as well as appoint other persons to perform such functions as he or she may determine to be necessary as relevant to and consistent with this article. The chairperson shall only vote to break a tie.
31-6-93. (a) The commission shall hold meetings at the call of the chairperson. (b) A quorum for transacting business shall be a majority of the members of the commission. (c) Any legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 as well as the mileage or transportation allowance authorized for state employees. Any 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. All other funds necessary to carry out the provisions of this

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article shall come from funds appropriated to the House of Representatives and the Senate.
31-6-94. (a) The commission shall have the following duties:
(1) To study and evaluate the effectiveness and efficiency of Georgias certificate of need program and any other program or matter related to the cost and quality of health care in Georgia, as determined by the commission; (2) To undertake a comprehensive review of the certificate of need program which shall include, but not be limited to, the effectiveness of the program in accomplishing its original policy objectives, the costs associated with the program, the benefits of continuing or discontinuing the program, the financial impact of continuing or discontinuing the program, and the impact on the quality, availability, and cost of health care if the program is continued or discontinued; (3) To evaluate and consider the experiences and results in other states which utilize and which have abolished certificate of need programs; (4) To identify findings and conclusions, including but not limited to recommendations as to whether the certificate of need program should be continued, discontinued, or modified; (5) To evaluate the impact of continuing or discontinuing the certificate of need on providing patient care in trauma care hospitals, critical access hospitals, and public hospitals; (6) To evaluate the impact of continuing or discontinuing the certificate of need program on providing service to Medicaid and indigent patients; and (7) To make recommendations for proposed legislation. (b) The commission shall have the following powers: (1) To evaluate the certificate of need program in Georgia and any other program or matter relative to the cost and quality of health care in Georgia; (2) To conduct a state-wide audit of the certificate of need program in Georgia; (3) To request and receive data from and review the records of appropriate agencies and health care facilities to the greatest extent allowed by state and federal law; (4) To accept public or private grants, devises, and bequests; (5) To enter into all contracts or agreements necessary or incidental to the performance of its duties; and (6) To conduct studies, collect data, or take any other action the commission deems necessary to fulfill its responsibilities. (c) The commission shall be authorized to retain the services of auditors, attorneys, financial consultants, health care experts, economists, and other individuals or firms as determined appropriate by the commission. (d) Staff support for the commission shall be provided by the Department of Community Health. The Department of Community Health may use any funds specifically appropriated to the department to support the work of the commission for such purpose.

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(e) Prior to the final report required in subsection (f) of this Code Section, the commission may advise on legislation and on recommended changes to the regulations of the Department of Community Health to the Governor and the General Assembly. (f) The commission shall issue a final report which shall include proposed legislation, if any, to the Governor and the General Assembly on or before June 30, 2007.

31-6-95. The commission shall stand abolished and this article shall be repealed on June 30, 2007."

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:

Representative Scott of the 153rd moves to amend the Committee substitute to HB 390 by striking lines 14 through 16 of page 4.

By striking "(f)" on line 17 of page 4 and inserting in its place "(e)".

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 Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges

Crawford Y Cummings Y Davis Y Day
Dean Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jamieson Y Jenkins E Jennings Y Johnson

Y Maxwell Y May Y McCall Y McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford

Y Sailor Scheid
Y Scott, A Scott, M
Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R

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Y Brooks Brown
Y Bruce Y Bryant Y Buckner, D Y Buckner, G
Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter
Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Coleman, B E Coleman, T Y Cooper Y Cox

Y Floyd, H Y Floyd, J E Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A

Jones, J Y Jones, S Y Jordan Y Keen E Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B
Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Smith, T Smith, V
Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren E Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 151, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Scott of the 2nd 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 440. By Representatives Yates of the 73rd, Freeman of the 140th, Lakly of the 72nd, Warren of the 122nd and Thomas of the 100th:

A BILL to be entitled an Act to amend Code Section 38-4-70 of the Official Code of Georgia Annotated, relating to the establishment of cemeteries and eligibility for interment, so as to remove the residency requirement for Georgia veterans eligible for interment in a veterans cemetery; 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 Abdul-Salaam Y Amerson
Anderson

Y Crawford Y Cummings Y Davis

Y Holmes Y Holt Y Horne

Y Maxwell Y May Y McCall

Sailor Scheid Y Scott, A

THURSDAY, MARCH 3, 2005

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Y Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks
Brown Bruce Y Bryant Y Buckner, D Y Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Coleman, B E Coleman, T Y Cooper Y Cox

Y Day Dean
Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A

Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen E Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver
O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B
Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Scott, M Setzler Shaw Sheldon
Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren E Watson Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 148, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 487. By Representatives Roberts of the 154th, McCall of the 30th, Floyd of the 147th, Royal of the 171st, Ray of the 136th and others:

A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to change the exemption regarding electricity sales for irrigation of farm crops; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

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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 change the exemption regarding electricity sales for irrigation of farm crops; to provide for termination of such exemption; 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 (64) and inserting in its place a new paragraph (64) to read as follows:
"(64) The During the period of July 1, 2005, through June 30, 2007, the sale of electricity or other fuel for the operation of an irrigation system which is used on a farm exclusively for the irrigation of farm crops;".

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 Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G
Burkhalter Y Burmeister Y Burns

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jamieson Y Jenkins E Jennings Y Johnson
Jones, J Y Jones, S Y Jordan Y Keen E Keown Y Kidd
Knight Y Knox Y Lakly

Y Maxwell Y May Y McCall Y McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J
Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham Y Parrish Y Parsons

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M

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Y Butler Y Byrd Y Carter
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman, B E Coleman, T Y Cooper Y Cox

Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A

Y Lane, B Y Lane, R Y Lewis
Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Thomas, B Y Tumlin
Walker Y Warren E Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, 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 Jones of the 46th 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.

HB 116. By Representative O`Neal of the 146th:

A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain definitions regarding such taxation; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

To amend Chapter 89 of Title 36 of the Official Code of Georgia Annotated, relating to homeowner tax relief grants, so as to change certain provisions regarding definitions regarding such grants; 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. Chapter 89 of Title 36 of the Official Code of Georgia Annotated, relating to homeowner tax relief grants, is amended by striking Code Section 36-89-1, relating to definitions regarding such grants, and inserting in its place a new Code Section 36-89-1 to read as follows:

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"36-89-1. As used in this chapter, the term:
(1) 'Applicable rollback' means a: (A) Rollback of an ad valorem tax millage rate pursuant to subsection (a) of Code Section 48-8-91 in a county or municipality that levies a local option sales tax; (B) Rollback of an ad valorem tax millage rate pursuant to subparagraph (c)(2)(C) of Code Section 48-8-104 in a county or municipality that levies a homestead option sales tax; (C) Subtraction from an ad valorem millage rate pursuant to Code Section 20-2-334 in a local school system that receives a state school tax credit; (D) Reduction of an ad valorem tax millage rate pursuant to the development of a service delivery strategy under Code Section 36-70-24; and (E) Reduction of an ad valorem tax millage rate pursuant to paragraph (2) of subsection (a) of Code Section 33-8-8.3 in a county that collects insurance premium tax.
(2) 'County millage rate' means the net ad valorem tax millage rate, after deducting applicable rollbacks, levied by a county for county purposes and applying to qualified homesteads in the county, including any millage levied for those special district purposes districts reported on the 2004 ad valorem tax digest certified to and received by the commissioner on or before December 31, 2004, but not including any millage levied for purposes of bonded indebtedness and not including any millage levied on behalf of a county school district for educational purposes. (3) 'Eligible assessed value' means a certain stated amount of the assessed value of each qualified homestead in the state. The amount of the eligible assessed value for any given year shall be fixed in that years General Appropriations Act. (4) 'Fiscal authority' means the individual authorized to collect ad valorem taxes for a county or municipality which levies ad valorem taxes. (5) 'Municipal millage rate' means the net ad valorem tax millage rate, after deducting applicable rollbacks, levied by a municipality for municipal purposes and applying to qualified homesteads in the municipality, including any millage levied for those special tax district purposes districts reported on the 2004 City and Independent School Millage Rate Certification certified to and received by the commissioner on or before December 31, 2004, but not including any millage levied for purposes of bonded indebtedness and not including any millage levied on behalf of an independent school district for educational purposes. (6) 'Qualified homestead' means a homestead qualified for any exemption, state, county, or school, authorized under Code Section 48-5-44. (7) 'School millage rate' means the net ad valorem tax millage rate, after deducting applicable rollbacks, levied on behalf of a county or independent school district for educational purposes and applying to qualified homesteads in the county or independent school district, not including any millage levied for purposes of bonded indebtedness and not including any millage levied for county or municipal purposes. (8) 'State millage rate' means the state millage levy."

THURSDAY, MARCH 3, 2005

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SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2005.

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 Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown
Bruce Y Bryant Y Buckner, D Y Buckner, G
Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman, B E Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jamieson Y Jenkins E Jennings Y Johnson
Jones, J Jones, S Y Jordan Y Keen E Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Martin

Y Maxwell Y May Y McCall Y McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal
Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal
Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw
Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre
Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren E Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

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On the passage of the Bill, by substitute, the ayes were 150, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Lindsey of the 54th and Rynders of the 152nd 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 394. By Representatives Walker of the 107th, Willard of the 49th and O`Neal of the 146th:

A BILL to be entitled an Act to amend Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to the protection of disabled adults and elder persons, so as to revise a definition; to revise certain provisions relating to investigation of reports of need for protective services; to amend Code Section 31-8-116 of the Official Code of Georgia Annotated, relating to involuntary transfer of residents discharged from a facility and return to facility after transfer, so as to revise the notification provisions; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield
Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown
Bruce Y Bryant Y Buckner, D Y Buckner, G
Burkhalter Y Burmeister

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes
Ehrhart Y England Y Epps Y Fleming E Floyd, H Y Floyd, J E Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jamieson Y Jenkins E Jennings Y Johnson
Jones, J Jones, S Y Jordan Y Keen E Keown Y Kidd Y Knight Y Knox

Maxwell May Y McCall McClinton Y Meadows Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham Y Parrish

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw
Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet

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Y Burns Y Butler
Byrd Y Carter
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman, B E Coleman, T Y Cooper Y Cox

Y Golick Y Graves, D
Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall
Hembree E Henson
Hill, C Y Hill, C.A

Y Lakly Y Lane, B Y Lane, R Y Lewis
Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin

Y Parsons Y Porter Y Powell
Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Thomas, A.M E Thomas, B Y Tumlin Y Walker Y Warren E Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 143, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

Representatives Lindsey of the 54th and Maxwell of the 17th 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 211. By Representatives Heard of the 104th, Smith of the 129th, Stephens of the 164th, Burkhalter of the 50th, Coan of the 101st and others:

A BILL to be entitled an Act to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the ad valorem taxation of motor vehicles and mobile homes, so as to provide that aircraft held in inventory for resale shall be exempt from taxation; to provide for definitions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes

N Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James

Maxwell May Y McCall N McClinton Y Meadows Y Millar Y Miller E Mills Y Mitchell Y Morgan

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Sheldon Y Sims, C Y Sims, F N Sinkfield

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Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G
Burkhalter Y Burmeister Y Burns Y Butler
Byrd Y Carter
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman, B E Coleman, T Y Cooper Y Cox

Y Ehrhart Y England Y Epps Y Fleming E Floyd, H Y Floyd, J E Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D
Graves, T E Greene
Hanner Y Harbin Y Hatfield Y Heard, J
Heard, K E Heckstall Y Hembree E Henson
Hill, C Y Hill, C.A

Y Jamieson Y Jenkins E Jennings Y Johnson
Jones, J Y Jones, S Y Jordan Y Keen E Keown
Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis
Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin

Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston N Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre
Stanley-Turner Y Stephens N Stephenson Y Talton
Teilhet Y Thomas, A.M E Thomas, B Y Tumlin
Walker Y Warren E Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 136, nays 6.

The Bill, having received the requisite constitutional majority, was passed.

Due to a mechanical malfunction, the vote of Representative Heard of the 114th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representatives Lindsey of the 54th and Maxwell of the 17th 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 Scott of the 153rd 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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:

THURSDAY, MARCH 3, 2005

1215

HB 36 Do Pass, by Substitute HB 37 Do Pass, by Substitute
Respectfully submitted, /s/ Scott of the 153rd
Chairman
Representative Coan of the 101st 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 153 Do Pass, by Substitute
Respectfully submitted, /s/ Coan of the 101st
Chairman
Representative Day of the 163rd 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 House and has instructed me to report the same back to the House with the following recommendation:
HB 465 Do Pass, by Substitute
Respectfully submitted, /s/ Day of the 163rd
Chairman
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 58. By Representatives Powell of the 29th and Rice of the 51st:

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A BILL to be entitled an Act to enact the "Working Against Recidivism Act"; to provide a short title and legislative findings; to amend Chapters 1, 5, and 10 of Title 42 of the O.C.G.A., relating respectively to general provisions relative to penal institutions, state and county correctional institutions, and correctional industries, so as to authorize work programs employing inmates as voluntary, paid labor for privately owned profit-making employers producing goods, services, or goods and services for sale to public or private purchasers under certain circumstances; to provide for rules and regulations; to provide for federal certification and state operation of such programs; to provide for compensation for state costs and use of state resources; to provide for compliance with federal law; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL
To enact the "Working Against Recidivism Act"; to provide a short title and legislative findings; to amend Chapters 1, 5, and 10 of Title 42 of the Official Code of Georgia Annotated, relating respectively to general provisions relative to penal institutions, state and county correctional institutions, and correctional industries, so as to authorize work programs employing inmates as voluntary, paid labor for privately owned profit-making employers producing goods, services, or goods and services for sale to public or private purchasers under certain circumstances; to provide for rules and regulations; to make such rules and regulations subject to Code Section 50-13-4, relating to procedural requirements for rules and legislative override; to provide for federal certification and state operation of such programs; to provide for compensation for state costs and use of state resources; to provide for compliance with federal law; to provide for determinations by the Georgia Department of Labor as to whether inmates would be displacing other workers, whether labor shortages exist, and the prevailing local wage for work to be done by inmates; to authorize the Georgia Correctional Industries Administration to use inmate labor to provide services and to operate an inmate post-release work placement program; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Working Against Recidivism Act."
SECTION 2. The General Assembly finds and declares that:

THURSDAY, MARCH 3, 2005

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(1) Many persons sentenced to confinement for criminal offenses commit additional criminal offenses after release from confinement, and such recidivism is a serious danger to public safety and a major source of expense to the state; (2) Under the appropriate conditions and limitations, work programs of voluntary labor by inmates of state and county correctional institutions for privately owned profit-making employers to produce goods, services, or goods and services for sale to public or private purchasers provide substantial public benefits by:
(A) Providing job experience and skills to participating inmates; (B) Allowing participating inmates to accumulate savings available for their use when released from the correctional institution; (C) Lowering recidivism rates; (D) Generating taxes from inmate income; (E) Reducing the cost of incarceration by enabling participating inmates to pay room and board; and (F) Providing participating inmates income to pay fines, restitution, and family support; (3) Appropriate conditions and limitations for voluntary labor by inmates for such work programs include but are not limited to: (A) Assurance that inmates work is voluntary; (B) Payment of inmates at wages at a rate not less than that paid for work of a similar nature in the locality in which the work is to be performed; (C) Provision of federal and state governmental benefits to participating inmates comparable to governmental benefits provided for similarly situated private sector workers; (D) Selection of participating inmates with careful attention to security issues; (E) Appropriate supervision of inmates during travel or employment outside the correctional institution; (F) Assurance that inmate labor will not result in the displacement of employed workers; be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality; or impair existing contracts for services; (G) Consultations with local private employers that may be economically impacted; and (H) Consultations with local labor union organizations and other local employee groups, especially those who have an interest in the trade or skill to be performed by the inmates; and (4) Requirements for the federal Prison Industry Enhancement Certification Program authorized by 18 U.S.C. Section 1761 and federal regulations are sufficient to ensure appropriate conditions and limitations in many areas of concern for programs of voluntary labor by inmates for privately owned profit-making employers to produce goods, services, or goods and services for sale to public and private purchasers.
SECTION 3.

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JOURNAL OF THE HOUSE

Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relative to penal institutions, is amended in Code Section 42-1-5, relating to use of inmates for private gain, by striking in its entirety subsection (d) and inserting in its place the following:
"(d) This Code section shall not apply to: (1) Work on private property because of natural disasters; (1.1) Work on private property as a form of victim compensation in accordance with Chapter 15A of Title 17; (2) Work or other programs or releases which have the prior approval of the board or commissioner of corrections; (3) Community service work programs; or (4) Work-release programs.; or (5) Work programs authorized by Article 6 of Chapter 5 of this title."
SECTION 4. Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to state and county correctional institutions, is amended by inserting a new article to be designated Article 6 to read as follows:
"ARTICLE 6
42-5-120. (a) The board is authorized to issue and promulgate rules and regulations for programs of voluntary labor by inmates for privately owned profit-making employers to produce goods, services, or goods and services for sale to public and private purchasers. Such rules and regulations shall be designed to meet the published requirements of the Prison Industry Enhancement Certification Program authorized by 18 U.S.C. Section 1761 and federal regulations and to provide other appropriate conditions and limitations. Such rules and regulations may provide for administration and management of such work programs by the department or the Georgia Correctional Industries Administration. (b) The rules and regulations for the work programs authorized by this article shall include but not be limited to rules requiring:
(A) Assurance that inmates work is voluntary; (B) Payment of inmates at wages at a rate not less than that paid for work of a similar nature in the locality in which the work is to be performed; (C) Provision of federal and state governmental benefits to participating inmates comparable to governmental benefits provided for similarly situated private sector employees; (D) Selection of participating inmates with careful attention to security issues; (E) Appropriate supervision of inmates during travel and employment outside the correctional institution; (F) Assurance that inmate labor will not result in the displacement of employed workers; be applied in skills, crafts, or trades in which there is a surplus of available

THURSDAY, MARCH 3, 2005

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gainful labor in the locality; or impair existing contracts for services; (G) Consultations with local private businesses that may be economically impacted; (H) Consultations with local labor union organizations and other local employee groups, especially those who have an interest in the trade or skill to be performed by the inmates; and (I) Procedures for deductions from inmate wages for federal, state, and local taxes; reasonable charges for room and board; court-ordered child support and voluntary family support; and payments to the Georgia Crime Victims Emergency Fund of not less than 5 percent nor greater than 20 percent of gross wages, in compliance with Prison Industry Enhancement Certification Program requirements. (c) Notwithstanding the provision of Code Section 50-13-2 exempting the Board of Corrections from the definition of the term 'agency' and thus from the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the rules and regulations promulgated in accordance with this Code section shall be subject to the provisions of Code Section 50-13-4, relating to procedural requirements for the adoption, amendment, or repeal of rules; the limitation on an action to contest rules; and legislative override of rules to which the members of the General Assembly object.
42-5-121. The commissioner shall seek certification under the federal Prison Industry Enhancement Certification Program authorized by 18 U.S.C. Section 1761 and federal regulations for programs of voluntary labor by inmates for privately owned profitmaking employers to produce goods, services, or goods and services for sale to public or private purchasers. After receiving certification, the board shall operate one or more such programs.
42-5-122. Any program for voluntary labor by inmates created in accordance with this article shall not be subject to the provisions of Code Section 42-5-60 prohibiting hiring out inmates to private persons, corporations, and businesses conducted for profit; prohibiting sale of goods, wares, or merchandise manufactured, produced, or mined by inmates to private persons, firms, associations, and corporations; and limiting the amount of compensation for inmates.
42-5-123. The board shall ensure by rules or by contractual provisions that the privately owned profit-making employers compensate the department and the Georgia Correctional Industries Administration for any administrative costs or other costs incurred by the department or the administration for the operation of the program or programs. The board shall ensure by rules or by contractual provisions that the department and the administration are compensated for use of any employees of the department or the administration, use of any space owned by or under the control of the department or the

1220

JOURNAL OF THE HOUSE

administration, or use of any other resources of the department or the administration in the operation of the program or programs.
42-5-124. Following the issuance and promulgation of rules and regulations, the department is authorized to publicize the program and invite employers to participate. The department shall rely upon the Georgia Department of Labor for determining whether inmates would be displacing other workers, whether labor shortages exist, and the prevailing local wage for work to be done by inmates. The Georgia Department of Labor is authorized to provide such determinations to the department.
42-5-125. (a) Every program involving employment of an inmate, convict, or prisoner by a business operated for profit to manufacture, produce, or mine goods, wares, or merchandise for transportation in interstate commerce or to provide services shall become a part of the programs authorized by this article and shall conform to the rules and regulations promulgated in accordance with this article. (b) This Code section shall not apply to programs for the production of agricultural commodities, parts for the repair of farm machinery, or goods, wares, or merchandise manufactured for use by not for profit organizations, the federal government, the District of Columbia, or by any state or political subdivision of a state. (c) This Code section shall not apply to an inmate, convict, or prisoner serving a term of supervised release, as described in 18 U.S.C. Section 3583."
SECTION 5. Chapter 10 of Title 42 of the Official Code of Georgia Annotated, relating to correctional industries, is amended by striking paragraphs (4) and (5) of Code Section 42-10-4, relating to the powers of the Georgia Correctional Industries Administration, and inserting in lieu thereof the following:
"(4) To have the same powers and authority possessed by the Department of Corrections in connection with the manufacture and sale of products and provision of services; (5) To utilize any and all inmates who may be made available for its corporate purposes by the Department of Corrections. The administration shall not be required to make any payment to the Department of Corrections for the use of such labor and shall not compensate inmates employed in any industry or performing services at any correctional institution, except as otherwise provided by Article 6 of Chapter 5 of this title;"
SECTION 6. Said chapter is further amended by striking paragraphs (11) and (12) of Code Section 4210-4, relating to the powers of the Georgia Correctional Industries Administration, and inserting in lieu thereof new paragraphs (11), (12), and (13) to read as follows:

THURSDAY, MARCH 3, 2005

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"(11) To provide training facilities for the prerelease rehabilitation and education of inmates confined in the state penal system; and (12) To contract with any department, agency, or instrumentality of the state and any political subdivision thereof for the furnishing of any service which the Department of Corrections may provide; and (13) To develop and operate an inmate post-release work placement program."
SECTION 7. This Act shall become effective on July 1, 2005.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Barnard of the 166th and Powell of the 29th move to amend the Committee substitute to HB 58 by striking "(A)" on line 31 of page 3 and inserting in lieu thereof "(1)".
By striking "(B)" on line 32 of page 3 and inserting in lieu thereof "(2)".
By striking "(C)" on line 1 of page 4 and inserting in lieu thereof "(3)".
By striking "(D)" on line 4 of page 4 and inserting in lieu thereof "(4)".
By striking "(E)" on line 5 of page 4 and inserting in lieu thereof "(5)".
By striking "(F)" on line 7 of page 4 and inserting in lieu thereof "(6)".
By striking "(G)" on line 10 of page 4 and inserting in lieu thereof "(7)".
By striking "(H)" on line 11 of page 4 and inserting in lieu thereof "(8)".
By striking "(I)" on line 14 of page 4 and inserting in lieu thereof "(9)".
By inserting between lines 18 and 19 of page 4 the following:
"(b.1) Regulations relating to paragraphs (2) and (6) of subsection (b) of this Code section and relating to whether labor shortages exist shall be promulgated and issued jointly by the board and the Commissioner of Labor."
The Committee substitute, as amended, was adopted.

1222

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:

N Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown N Bruce Y Bryant Y Buckner, D Y Buckner, G
Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B E Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England
Epps Y Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A

N Holmes N Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S
Jordan Y Keen E Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey N Lord Y Loudermilk Y Lucas N Lunsford Y Maddox N Mangham Y Manning Y Marin
Martin

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell N Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal
Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts N Rogers Y Royal Y Rynders

Y Sailor N Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P N Smith, R Y Smith, T N Smith, V Y Smyre Y Stanley-Turner Y Stephens N Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B
Tumlin Y Walker Y Warren E Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 147, nays 13.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Tumlin of the 38th 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.

THURSDAY, MARCH 3, 2005

1223

The Speaker assumed the Chair.

HR 92. By Representatives Burkhalter of the 50th, Lewis of the 15th and Forster of the 3rd:

A RESOLUTION creating the Joint House and Senate LNG and Natural Gas Infrastructure 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 Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B E Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne
Houston Y Howard Y Hudson Y Hugley Y Jackson
Jacobs E James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan
Keen E Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal
Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B
Tumlin Y Walker Y Warren E Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Williams, R Y Wix Y Yates Richardson, Speaker

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JOURNAL OF THE HOUSE

On the adoption of the Resolution, the ayes were 154, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

Representatives Jacobs of the 80th and Tumlin of the 38th 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 340. By Representatives Hembree of the 67th, Richardson of the 19th, Smith of the 113th, Smith of the 129th, Royal of the 171st and others:

A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required, so as to provide that records maintained by public postsecondary educational institutions in this state and associated foundations of such institutions that contain personal information concerning donors or potential donors to such institutions or foundations shall not be subject to disclosure; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following amendment was read:

Representative Porter of the 143rd moves to amend HB 340 as follows:

Delete lines "14-16" and renumber accordingly.

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

Y Abdul-Salaam N Amerson
Anderson Y Ashe N Barnard N Barnes N Bearden
Beasley-Teague Y Benfield N Benton
Black Y Bordeaux
Borders N Bridges Y Brooks N Brown
Bruce Y Bryant

N Crawford N Cummings N Davis N Day N Dean N Dickson E Dodson N Dollar Y Drenner Y Dukes N Ehrhart N England Y Epps N Fleming
Floyd, H N Floyd, J E Fludd N Forster

Y Holmes N Holt N Horne N Houston N Howard Y Hudson Y Hugley Y Jackson N Jacobs E James Y Jamieson N Jenkins E Jennings Y Johnson N Jones, J Y Jones, S Y Jordan N Keen

N Maxwell N May N McCall
McClinton N Meadows N Millar N Miller N Mills Y Mitchell Y Morgan N Morris Y Mosby N Mosley N Mumford N Murphy, J N Murphy, Q N Neal Y Oliver

Y Sailor N Scheid N Scott, A N Scott, M N Setzler N Shaw N Sheldon N Sims, C N Sims, F Y Sinkfield N Smith, B N Smith, L N Smith, P N Smith, R N Smith, T N Smith, V
Smyre Y Stanley-Turner

THURSDAY, MARCH 3, 2005

1225

Y Buckner, D Buckner, G
N Burkhalter N Burmeister N Burns N Butler N Byrd N Carter N Casas N Chambers N Channell N Cheokas N Coan N Cole N Coleman, B E Coleman, T N Cooper N Cox

N Franklin Freeman
Y Gardner N Geisinger N Golick N Graves, D N Graves, T E Greene N Hanner N Harbin N Hatfield N Heard, J Y Heard, K E Heckstall N Hembree E Henson N Hill, C N Hill, C.A

E Keown Y Kidd N Knight N Knox N Lakly N Lane, B N Lane, R N Lewis N Lindsey Y Lord N Loudermilk Y Lucas N Lunsford N Maddox Y Mangham N Manning Y Marin N Martin

N O'Neal Y Orrock E Parham N Parrish N Parsons Y Porter N Powell N Ralston Y Randall N Ray Y Reece, B N Reece, S N Reese N Rice N Roberts N Rogers N Royal N Rynders

N Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin N Walker Y Warren E Watson N Wilkinson N Willard N Williams, A Y Williams, E N Williams, R Y Wix N Yates
Richardson, Speaker

On the adoption of the amendment, the ayes were 43, nays 115.

The amendment was lost.

The following amendment was read:

Representative Chambers of the 81st and Jacobs of the 80th move to amend HB 340 by inserting on line 2 immediately following "as" the following:

"to provide that public disclosure shall not be required for records that are specifically required by federal statute or regulation to be kept confidential;"

By inserting on line 10 of page 1 immediately following the word "amended" the following:

"by striking paragraph (1) of subsection (a) and inserting in lieu thereof a new paragraph (1),"

By striking the word "to" on line 12 of page 1 and inserting in lieu thereof the following:

"so that paragraph (1) and paragraph (18)"

By inserting between lines 13 and 14 the following:

"(1) Specifically required by the federal government statute or regulation to be kept confidential;".

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JOURNAL OF THE HOUSE

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

Y Abdul-Salaam N Amerson
Anderson Y Ashe N Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black N Bordeaux N Borders N Bridges Y Brooks N Brown
Bruce Y Bryant Y Buckner, D Y Buckner, G N Burkhalter N Burmeister N Burns Y Butler Y Byrd N Carter Y Casas Y Chambers N Channell N Cheokas N Coan N Cole Y Coleman, B E Coleman, T N Cooper N Cox

Y Crawford N Cummings N Davis N Day Y Dean N Dickson E Dodson N Dollar Y Drenner N Dukes N Ehrhart Y England N Epps N Fleming Y Floyd, H N Floyd, J E Fludd Y Forster Y Franklin Y Freeman Y Gardner N Geisinger N Golick N Graves, D N Graves, T E Greene N Hanner N Harbin N Hatfield Y Heard, J Y Heard, K E Heckstall N Hembree E Henson Y Hill, C N Hill, C.A

Y Holmes N Holt N Horne Y Houston N Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jamieson N Jenkins E Jennings Y Johnson N Jones, J Y Jones, S Y Jordan N Keen E Keown Y Kidd N Knight N Knox N Lakly N Lane, B N Lane, R Y Lewis Y Lindsey
Lord Y Loudermilk
Lucas N Lunsford N Maddox N Mangham Y Manning Y Marin N Martin

N Maxwell N May Y McCall N McClinton N Meadows Y Millar Y Miller Y Mills N Mitchell Y Morgan Y Morris N Mosby N Mosley Y Mumford N Murphy, J N Murphy, Q N Neal Y Oliver Y O'Neal Y Orrock E Parham N Parrish Y Parsons Y Porter Y Powell Y Ralston N Randall Y Ray Y Reece, B N Reece, S N Reese Y Rice N Roberts N Rogers Y Royal Y Rynders

N Sailor N Scheid N Scott, A Y Scott, M N Setzler N Shaw N Sheldon N Sims, C Y Sims, F N Sinkfield N Smith, B Y Smith, L N Smith, P N Smith, R N Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens N Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin
Walker Y Warren E Watson Y Wilkinson Y Willard N Williams, A N Williams, E N Williams, R Y Wix N Yates
Richardson, Speaker

On the adoption of the amendment, the ayes were 77, nays 85.

The amendment was lost.

Representative Chambers of the 81st moved that the House reconsider its action in failing to adopt the Chambers amendment.

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

Y Abdul-Salaam N Amerson

Y Crawford Y Cummings

Y Holmes N Holt

Y Maxwell N May

Y Sailor N Scheid

THURSDAY, MARCH 3, 2005

1227

Anderson Y Ashe N Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black N Bordeaux N Borders N Bridges Y Brooks N Brown
Bruce Y Bryant Y Buckner, D Y Buckner, G N Burkhalter N Burmeister N Burns Y Butler Y Byrd N Carter Y Casas Y Chambers Y Channell N Cheokas Y Coan N Cole Y Coleman, B E Coleman, T Y Cooper N Cox

N Davis N Day Y Dean N Dickson E Dodson Y Dollar Y Drenner N Dukes N Ehrhart Y England N Epps N Fleming Y Floyd, H N Floyd, J E Fludd Y Forster Y Franklin Y Freeman Y Gardner N Geisinger N Golick N Graves, D N Graves, T E Greene N Hanner N Harbin N Hatfield Y Heard, J Y Heard, K E Heckstall N Hembree E Henson N Hill, C Y Hill, C.A

N Horne Y Houston N Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jamieson N Jenkins E Jennings Y Johnson N Jones, J Y Jones, S Y Jordan N Keen E Keown Y Kidd N Knight N Knox N Lakly N Lane, B N Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas N Lunsford N Maddox N Mangham Y Manning Y Marin N Martin

N McCall N McClinton N Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris N Mosby N Mosley Y Mumford N Murphy, J Y Murphy, Q N Neal Y Oliver Y O'Neal Y Orrock E Parham N Parrish Y Parsons Y Porter Y Powell N Ralston Y Randall N Ray Y Reece, B N Reece, S N Reese Y Rice N Roberts N Rogers Y Royal Y Rynders

N Scott, A Y Scott, M N Setzler N Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield N Smith, B Y Smith, L N Smith, P N Smith, R Y Smith, T Y Smith, V Y Smyre N Stanley-Turner Y Stephens N Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin N Walker Y Warren E Watson N Wilkinson Y Willard N Williams, A N Williams, E N Williams, R Y Wix N Yates
Richardson, Speaker

On the motion, the ayes were 88, nays 77.

The motion prevailed.

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

Y Abdul-Salaam N Amerson
Anderson Y Ashe N Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton

Y Crawford N Cummings N Davis N Day Y Dean N Dickson E Dodson N Dollar Y Drenner N Dukes

Y Holmes Y Holt N Horne Y Houston N Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James

Y Maxwell N May Y McCall N McClinton N Meadows Y Millar Y Miller Y Mills N Mitchell Y Morgan

N Sailor N Scheid N Scott, A Y Scott, M N Setzler N Shaw Y Sheldon N Sims, C Y Sims, F N Sinkfield

1228

JOURNAL OF THE HOUSE

Y Black N Bordeaux Y Borders N Bridges Y Brooks Y Brown
Bruce Y Bryant Y Buckner, D Y Buckner, G N Burkhalter N Burmeister N Burns Y Butler Y Byrd N Carter Y Casas Y Chambers N Channell N Cheokas Y Coan N Cole Y Coleman, B E Coleman, T Y Cooper N Cox

N Ehrhart Y England Y Epps N Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick N Graves, D N Graves, T E Greene N Hanner N Harbin N Hatfield Y Heard, J Y Heard, K E Heckstall N Hembree E Henson Y Hill, C N Hill, C.A

Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan N Keen E Keown Y Kidd N Knight N Knox N Lakly N Lane, B N Lane, R Y Lewis Y Lindsey
Lord Y Loudermilk Y Lucas N Lunsford N Maddox N Mangham Y Manning Y Marin N Martin

Y Morris N Mosby Y Mosley Y Mumford N Murphy, J
Murphy, Q N Neal Y Oliver Y O'Neal Y Orrock E Parham N Parrish Y Parsons Y Porter Y Powell Y Ralston N Randall Y Ray Y Reece, B N Reece, S N Reese Y Rice N Roberts N Rogers Y Royal Y Rynders

N Smith, B Y Smith, L N Smith, P N Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens N Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin N Walker Y Warren E Watson Y Wilkinson Y Willard N Williams, A N Williams, E N Williams, R Y Wix N Yates
Richardson, Speaker

On the adoption of the amendment, the ayes were 93, nays 70.

The amendment was adopted.

The following amendment was read and withdrawn:

Representatives Martin of the 47th and Keen of the 179th move to amend HB 340 by inserting on line 1 of page 1, following the words "To amend", the following:

"Code Section 50-14-1 of the Official Code of Georgia Annotated, relating to open meetings requirements, so as to revise a definition; to provide that certain associations of school districts in this state are subject to the open meetings statute; to amend"

By inserting immediately following line 8 of page 1 the following:

"Code Section 50-14-1 of the Official Code of Georgia Annotated, relating to open meetings requirements, is amended by striking paragraph (1) of subsection (a) and inserting in lieu thereof the following:
'(1) "Agency" means: (A) Every state department, agency, board, bureau, commission, public corporation, and authority;

THURSDAY, MARCH 3, 2005

1229

(B) Every county, municipal corporation, school district, or other political subdivision of this state; (C) Every department, agency, board, bureau, commission, authority, or similar body of each such county, municipal corporation, or other political subdivision of the state; (D) Every city, county, regional, or other authority established pursuant to the laws of this state; and (E) Any association that has a membership body composed primarily of school districts of this state, that has as its objective the encouragement of participation in athletics and fine arts through regional and state competition, and that derives a substantial portion of its operating budget from payments from such school districts; and (F) Any nonprofit organization to which there is a direct allocation of tax funds made by the governing authority of any agency as defined in this paragraph and which allocation constitutes more than 33 1/3 percent of the funds from all sources of such organization; provided, however, this subparagraph shall not include hospitals, nursing homes, dispensers of pharmaceutical products, or any other type organization, person, or firm furnishing medical or health services to a citizen for which they receive reimbursement from the state whether directly or indirectly; nor shall this term include a subagency or affiliate of such a nonprofit organization from or through which the allocation of tax funds is made.'

SECTION 2."

By renumbering Sections 2 and 3 as Sections 3 and 4, respectively.

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:

N Abdul-Salaam Y Amerson
Anderson N Ashe Y Barnard Y Barnes N Bearden
Beasley-Teague N Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges

Y Crawford Y Cummings Y Davis Y Day N Dean Y Dickson E Dodson Y Dollar N Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming

N Holmes Y Holt N Horne Y Houston Y Howard Y Hudson Y Hugley N Jackson Y Jacobs E James N Jamieson Y Jenkins E Jennings Y Johnson

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills N Mitchell
Morgan Y Morris Y Mosby Y Mosley Y Mumford

N Sailor Y Scheid Y Scott, A Y Scott, M N Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F N Sinkfield Y Smith, B N Smith, L Y Smith, P Y Smith, R

1230

JOURNAL OF THE HOUSE

N Brooks Y Brown
Bruce Y Bryant Y Buckner, D
Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B E Coleman, T Y Cooper Y Cox

N Floyd, H Y Floyd, J E Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A

Y Jones, J Y Jones, S Y Jordan Y Keen E Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey N Lord Y Loudermilk
Lucas Y Lunsford Y Maddox N Mangham Y Manning Y Marin Y Martin

Y Murphy, J Y Murphy, Q Y Neal N Oliver Y O'Neal N Orrock E Parham Y Parrish Y Parsons N Porter
Powell Y Ralston
Randall N Ray N Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet
Thomas, A.M N Thomas, B Y Tumlin Y Walker N Warren E Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R N Wix Y Yates
Richardson, Speaker

On the passage of the Bill, as amended, the ayes were 129, nays 30.

The Bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, HB 340 was ordered immediately transmitted to the Senate.

We voted against HB 340 because we favor the public disclosure of public information. To the extent an exception is needed here, this particular exception is far too broadly drawn and puts into darkness and out of public view information which the public truly has a right to know.

Tom Bordeaux of the 162nd Lester Jackson of the 161st Mary Margaret Oliver of the 83rd DuBose Porter of the 143rd

The following Resolutions of the House were read and adopted:

HR 417. By Representatives Brooks of the 63rd, Watson of the 91st, Thomas of the 55th, Jones of the 44th, Abdul-Salaam of the 74th and others:

A RESOLUTION commemorating the 40th anniversary of the 1965 Selmato-Montgomery voting rights march; and for other purposes.

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1231

HR 418. By Representatives Wilkinson of the 52nd, Geisinger of the 48th, Lindsey of the 54th and Willard of the 49th:
A RESOLUTION commending Saint Joseph's Hospital on 125 years of excellence in health care and recognizing March 8, 2005, as "Saint Joseph's Hospital Day"; and for other purposes.
HR 419. By Representative Borders of the 175th:
A RESOLUTION recognizing Macedonia First Baptist Church on the occasion of its 140th anniversary; and for other purposes.
HR 420. By Representative Borders of the 175th:
A RESOLUTION recognizing and commending Dr. Samuel Taylor; and for other purposes.
HR 421. By Representative Fludd of the 66th:
A RESOLUTION recognizing Pastor Toney Mosley on the occasion of his 12th Pastoral Anniversary; and for other purposes.
HR 422. By Representatives Murphy of the 120th, Thomas of the 55th, Williams of the 165th, Smyre of the 132nd, Watson of the 91st and others:
A RESOLUTION recognizing and honoring the life and achievements of Mr. Ossie Davis; and for other purposes.
HR 423. By Representatives Barnes of the 78th, Dodson of the 75th, Buckner of the 76th, Jordan of the 77th, Abdul-Salaam of the 74th and others:
A RESOLUTION recognizing Arts Clayton; and for other purposes.
HR 424. By Representatives Henson of the 87th, Benfield of the 85th, Mosby of the 90th, McClinton of the 84th and Stephenson of the 92nd:
A RESOLUTION recognizing and commending J. Frederick Agel for outstanding community service and excellence as a volunteer in the field of public health; and for other purposes.
HR 425. By Representative Benfield of the 85th:
A RESOLUTION honoring Ann Brown and the Belvedere Civic Club; and for other purposes.

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JOURNAL OF THE HOUSE

HR 426. By Representatives Sheldon of the 105th, Cox of the 102nd, Coleman of the 97th, Reese of the 98th, Coan of the 101st and others:
A RESOLUTION commending Ms. Connie Wiggins, Executive Director of Gwinnett Clean & Beautiful; and for other purposes.
Representative Wilkinson of the 52nd District, Chairman of the Committee on Ethics, submitted the following report:
Mr. Speaker:
Your Committee on Ethics 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 664 Do Pass HB 665 Do Pass
Respectfully submitted, /s/ Wilkinson of the 52nd
Chairman
Representative Lane of the 158th District, Chairman of the Committee on Game, Fish and Parks, submitted the following report:
Mr. Speaker:
Your Committee on Game, Fish and Parks 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 292 Do Pass, by Substitute
Respectfully submitted, /s/ Lane of the 158th
Chairman
Representative Barnard of the 166th District, Chairman of the Committee on State Institutions and Property, submitted the following report:
Mr. Speaker:

THURSDAY, MARCH 3, 2005

1233

Your Committee on State Institutions and Property 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 420 Do Pass

Respectfully submitted, /s/ Barnard of the 166th
Chairman

Representative Smith of the 168th District, 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 186 Do Pass

Respectfully submitted, /s/ Smith of the 168th
Chairman

Representative Smith of the 129th District, 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 House and Senate and has instructed me to report the same back to the House with the following recommendations:

HR 91 HR 94 HR 173 HR 200 HR 201

Do Pass Do Pass Do Pass Do Pass Do Pass

HR 231 HR 254 HR 295 SB 99 SB 129

Do Pass Do Pass, by Substitute Do Pass Do Pass Do Pass

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

1234

JOURNAL OF THE HOUSE

The Speaker announced the House in recess until 5:00 P.M., at which time the House will stand adjourned until 9:00 o'clock A.M. the next legislative day.

FRIDAY, MARCH 4, 2005

1235

Representative Hall, Atlanta, Georgia

Friday, March 4, 2005

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:

Abdul-Salaam Amerson Anderson Ashe Barnard Bearden Benton Bridges Brooks Brown Bruce Bryant Buckner, D Buckner, G Burkhalter Burmeister Burns Butler Byrd Carter Casas Chambers Channell Cheokas Coan Cole Coleman, B

E Coleman, T Cooper Cox Cummings Davis Dickson
E Dodson Ehrhart England Fleming Floyd, H Floyd, J
E Fludd Franklin Freeman Gardner Geisinger Graves, D Graves, T Harbin Hatfield Heard, J
E Heard, K E Heckstall E Henson
Hill, C Hill, C.A

Holmes Holt Horne Houston Howard Hugley Jacobs E James Jamieson Jenkins E Jennings Johnson Jones, S Keen E Keown Kidd Knight Lakly Lane, B Lane, R Lewis Lord Loudermilk Lucas Maddox Mangham Marin

Martin Maxwell May E McCall Meadows Miller Mills Mitchell Morgan Mosby Mosley Mumford Murphy, J Murphy, Q Neal O'Neal Parham Parrish Parsons Porter Ralston Randall Ray Reece, B Reece, S Reese Rice

Roberts Royal Rynders Scheid Scott, A Scott, M Setzler Sheldon Sims, F Smith, L Smith, P Smith, R Smith, V Stephenson Talton Teilhet Thomas, B Tumlin Warren E Watson Wilkinson Williams, A Williams, E Williams, R Yates Richardson, Speaker

The following members were off the floor of the House when the roll was called:

Representatives Barnes of the 78th, Benfield of the 85th, Borders of the 175th, Crawford of the 127th, Day of the 163rd, Dean of the 59th, Dollar of the 45th, Drenner of the 86th, Dukes of the 150th, Epps of the 128th, Forster of the 3rd, Greene of the 149th, Hanner of the 148th, Hudson of the 124th, Jackson of the 161st, Jordan of the 77th, Lindsey of the 54th, Manning of the 32nd, McClinton of the 84th, Millar of the 79th, Morris of the 155th, Oliver of the 83rd, Orrock of the 58th, Powell of the 29th, Rogers of the 26th, Shaw of the 176th, Sims of the 169th, Sinkfield of the 60th, Smith of the 113th, Smith of the 168th, Smyre of the 132nd, Stanley-Turner of the 53rd, Stephens of the 164th, Walker of the 107th, and Wix of the 33rd.

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JOURNAL OF THE HOUSE

They wish to be recorded as present.
Prayer was offered by the Reverend John Setzler, Pastor, Immanuel Lutheran Church, Greenwood, South Carolina.
The members pledged allegiance to the flag.
Representative Heard of the 104th, Chairman of the Committee on Information and Audits, 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 were introduced, read the first time and referred to the Committees:
HB 702. By Representatives Drenner of the 86th, Chambers of the 81st, Mosby of the 90th, Henson of the 87th and Gardner of the 57th:
A BILL to be entitled an Act to amend Chapter 38 of Title 31 of the Official Code of Georgia Annotated, relating to tanning facilities, so as to provide a short title; to define certain terms; to provide for licensing of tanning facilities; to provide for inspections; to provide for revocation or suspension of licenses; to provide for administrative, civil, and criminal penalties; to provide for the adoption of rules; to provide for consumer warnings; to provide for reports on complaints of injury; to provide for parental consent

FRIDAY, MARCH 4, 2005

1237

for minors use of tanning facilities; to provide for variances; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 703. By Representatives Mitchell of the 88th, Henson of the 87th, Millar of the 79th, Mangham of the 94th, Chambers of the 81st and others:
A BILL to be entitled an Act to amend an Act to provide a $14,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the City of Stone Mountain for residents who are 62 years of age or older and whose net income together with the net income of the spouse who resides at the homestead of such resident does not exceed $10,000.00, approved April 9, 1999 (Ga. L. 1999, p. 3702), so as to increase the amount of such exemption to $20,000.00 of the assessed value of the homestead; 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.
HB 704. By Representative Bridges of the 10th:
A BILL to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenue for Habersham County, approved February 13, 1956 (Ga. L. 1956, p. 2077), as amended, so as to provide that the superintendent of roads shall be appointed by and serve under the direction of the county manager; to authorize the board of commissioners to establish a centralized purchasing system for the county; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 705. By Representatives Forster of the 3rd, Tumlin of the 38th, Mitchell of the 88th, Powell of the 29th and Lindsey of the 54th:
A BILL to be entitled an Act to amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to process in civil practice, so as to provide for service upon persons residing in gated and secured communities; to provide for state-wide registration of permanent process servers; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

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JOURNAL OF THE HOUSE

HB 706. By Representatives Barnes of the 78th, Dodson of the 75th, Buckner of the 76th, Jordan of the 77th and Abdul-Salaam of the 74th:
A BILL to be entitled an Act to amend an Act creating the Clayton County Water Authority, approved March 7, 1955 (Ga. L. 1955, p. 3344), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4675), so as to change the compensation of the chairperson, secretary, and other members of the authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 707. By Representative Bridges of the 10th:
A BILL to be entitled an Act to amend an Act incorporating the Town of Mount Airy, approved March 3, 1874 (Ga. L. 1874, p. 159), as amended, particularly by an Act approved August 6, 1921 (Ga. L. 1921, p. 1026), so as to annex certain territory into the limits of such city; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 708. By Representatives Jackson of the 161st, Bryant of the 160th and Bordeaux of the 162nd:
A BILL to be entitled an Act to authorize the Recorders Court of Chatham County to impose and collect a technology fee for each criminal fine imposed; to specify the uses to which said technology fees may be put; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 709. By Representatives Ray of the 136th, Cole of the 125th, Crawford of the 127th and Knight of the 126th:
A BILL to be entitled an Act to amend an Act placing the sheriff of Lamar County on a salary basis in lieu of a fee basis, approved March 10, 1965 (Ga. L. 1965, p. 2207), as amended, particularly by an Act approved April 25, 1969 (Ga. L. 1969, p. 3539), an Act approved March 30, 1971 (Ga. L. 1971, p. 2500), and an Act approved March 24, 1994 (Ga. L. 1994, p. 4084), so as to repeal certain obsolete provisions; to repeal a provision setting the sheriffs salary at $10,000.00 annually; to repeal a provision relating to filling vacancies and temporary vacancies in the office of sheriff; to repeal a

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provision authorizing the appointment of a chief deputy and setting the salary of such chief deputy; to repeal a provision authorizing the governing authority of Lamar County to increase the compensation of the sheriff, chief deputy, and all salaried deputies; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 710. By Representatives Jenkins of the 8th, Bridges of the 10th, Ralston of the 7th, Roberts of the 154th, Bearden of the 68th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates for motor vehicles, so as to provide for special license plates identifying persons with diabetes; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such license plates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 711. By Representatives Smith of the 129th and Buckner of the 130th:
A BILL to be entitled an Act to abolish the office of elected county surveyor of Harris County pursuant to Code Section 36-7-2.1 of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 712. By Representatives Cole of the 125th and Freeman of the 140th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Jones County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 713. By Representatives Franklin of the 43rd, Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Ehrhart of the 36th and others:

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JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observations, so as to declare Ronald Reagan Day in Georgia; to make certain legislative observations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Rules.
HB 715. By Representatives Jones of the 44th, Fludd of the 66th, Sims of the 151st, Rynders of the 152nd, Smith of the 129th and others:
A BILL to be entitled an Act to amend Code Section 32-6-200 of the Official Code of Georgia Annotated, relating to the installation of protective devices at railroad grade crossings, so as to require the Department of Transportation, county governing authorities, and municipal governing authorities to order the upgrade of protective devices at passive railroad crossings routinely used by school buses; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 716. By Representatives Lindsey of the 54th and Willard of the 49th:
A BILL to be entitled an Act to amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances, so as to provide for a continuance or postponement where a party or attorney is presiding as a judge or recorder in another court; to change certain provisions relating to grounds for continuance for members of the General Assembly and others who are attorneys or parties in case; to amend Code Section 17-826 of the Official Code of Georgia Annotated, relating to grounds for continuance for members of the General Assembly and the attendance of a party or attorney, so as to change certain provisions relating to a continuance; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 717. By Representatives Lindsey of the 54th and Wilkinson of the 52nd:
A BILL to be entitled an Act to amend Chapter 35 of Title 36 of the Official Code of Georgia Annotated, "The Municipal Home Rule Act of 1965," so as to change provisions relating to the amendment of ordinances, resolutions, and regulations by petition and election; to provide that in the case of an amendment that has as its purpose the fixing of the hours of sale of alcoholic

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beverages for consumption on the premises in less than all of the territory of the municipal corporation, only the electors residing in the area in question shall be eligible to sign the petition or vote in the election; to provide for conditions, limitations, and other related matters; to provide for the manner of changing hours of sale so established; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 718. By Representative Lindsey of the 54th:
A BILL to be entitled an Act to amend Article 4 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to pretrial intervention and diversion programs, so as to allow certain courts to create and administer pretrial intervention and diversion programs; to provide for court costs; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 719. By Representatives Lindsey of the 54th, Holmes of the 61st, Wilkinson of the 52nd and Ashe of the 56th:
A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change provisions relating to the maximum fines which may be imposed by municipal courts; to change provisions relating to the maximum fines which may be specified by municipalities exercising home rule powers; to specifically authorize municipalities to adopt ordinances specifying fines up to a certain maximum amount; to provide for such provisions to control over conflicting provisions of local laws; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 720. By Representatives Lindsey of the 54th, Holmes of the 61st, Wilkinson of the 52nd and Ashe of the 56th:
A BILL to be entitled an Act to amend Code Section 3-4-50 of the Official Code of Georgia Annotated, relating to the maximum annual license fees for municipal or county licenses, so as to increase the maximum license fee to $10,000.00; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.

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HB 721. By Representatives Howard of the 121st, Murphy of the 120th, Warren of the 122nd, Anderson of the 123rd and Burmeister of the 119th:
A BILL to be entitled an Act to amend an Act providing for the continued existence of the Richmond County Department of Health and for the management and control of such department by the Richmond County Board of Health, approved March 7, 1955 (Ga. L. 1955, p. 3192), as amended, particularly by an Act approved April 4, 1996 (Ga. L. 1996, p. 4102), so as to change the method for appointments; to provide a limitation of their consecutive terms of office; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 722. By Representatives Forster of the 3rd, Rice of the 51st, Cooper of the 41st, Randall of the 138th, Walker of the 107th and others:
A BILL to be entitled an Act to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to raise the age of consent from 16 to 18 years of age; to change the provisions relating to the crimes of statutory rape, child molestation, and enticing a child for indecent purposes; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 723. By Representatives Sheldon of the 105th, Jones of the 46th, May of the 111th, Mumford of the 95th, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to the allocation of state and federal funds for public roads, so as to exempt Congestion Mitigation and Air Quality Improvement Program projects from balancing by congressional district; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HR 410. By Representatives Dickson of the 6th, Maxwell of the 17th, Casas of the 103rd, Millar of the 79th, Reece of the 11th and others:
A RESOLUTION creating the Joint Study Committee on Reporting Requirements for Local School Systems; and for other purposes.

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Referred to the Committee on Education.
HR 412. By Representatives Henson of the 87th, Stanley-Turner of the 53rd, Drenner of the 86th, Thomas of the 55th, Sinkfield of the 60th and others:
A RESOLUTION urging the Department of Human Resources to forthwith raise the eligibility for food distribution to 150 percent of the federal poverty level for purposes of The Emergency Food Assistance Program (TEFAP); and for other purposes.
Referred to the Committee on Human Relations & Aging.
HR 413. By Representative Hanner of the 148th:
A RESOLUTION dedicating the bridge on SR 45 that spans the Kinchafoonee Creek in Webster County as the Warren V. Johnson Bridge; and for other purposes.
Referred to the Committee on Transportation.
HR 414. By Representative Stanley-Turner of the 53rd:
A RESOLUTION urging local governing authorities, law enforcement agencies, and broadcasters to coordinate an alert system for missing disabled adults; and for other purposes.
Referred to the Committee on Human Relations & Aging.
HR 415. By Representatives Yates of the 73rd, Lakly of the 72nd, Freeman of the 140th, Warren of the 122nd, Smith of the 168th and others:
A RESOLUTION urging Congress to oppose current budget proposals which would be damaging to Georgia veterans who depend on the state veterans homes; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.
HR 416. By Representatives Franklin of the 43rd, Ehrhart of the 36th and Fleming of the 117th:
A RESOLUTION amending the Rules of the House of Representatives; and for other purposes.

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Referred to the Committee on Rules.
By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the Committees:
HB 725. By Representatives Heard of the 104th, Cox of the 102nd, Mitchell of the 88th, Miller of the 106th, Floyd of the 99th and others:
A BILL to be entitled an Act to amend an Act providing for the election of the Board of Education of Gwinnett County, approved April 7, 1972 (Ga. L. 1972, p. 4058), as amended, particularly by an Act approved April 9, 1993 (Ga. L. 1993, p. 5260), so as to provide for the compensation of members of the board of education; to provide for future adjustments of compensation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 734. By Representatives McCall of the 30th, Crawford of the 127th and Roberts of the 154th:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling offenses, so as to change certain provisions relating to dogfighting; to prohibit animal fighting or baiting and related conduct; to provide for punishments; to define certain terms; to provide a short title; to provide legislative findings and declarations; repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 735. By Representatives McCall of the 30th, Crawford of the 127th, England of the 108th and Roberts of the 154th:
A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to animal protection, so as to change certain provisions relating to inspections, impoundment of animals, and exceptions; to change certain provisions relating to caring for an impounded animal; to change certain provisions relating to notification of owner and custody of animal; to change certain provisions relating to failure to respond, right to hearing, care, and crime exception; to change certain provisions relating to disposal of impounded animal; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Agriculture & Consumer Affairs.

HB 737. By Representatives Graves of the 12th, Smith of the 129th, Rogers of the 26th, Channell of the 116th, Fleming of the 117th and others:

A BILL to be entitled an Act to amend Code Section 32-5-30 of the Official Code of Georgia Annotated, relating to allocation of state and federal funds, so as to remove certain projects exempt from the allocation provisions of said Code section; to provide for budgeting periods; to repeal conflicting laws; 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 670 HB 671 HB 672 HB 673 HB 674 HB 675 HB 676 HB 677 HB 678 HB 679 HB 680 HB 681 HB 687 HB 688 HB 689 HB 690 HB 691 HB 692 HB 693 HB 694 HB 695

HB 696 HB 697 HB 698 HB 699 HB 700 HB 701 HB 714 HR 391 HR 393 HR 394 HR 395 HR 408 HR 411 SB 15 SB 91 SB 119 SB 158 SB 185 SB 209 SB 210

Representative Walker of the 107th District, Chairman of the Committee on Human Relations and Aging, submitted the following report:

Mr. Speaker:

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Your Committee on Human Relations and Aging 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 643 Do Pass, by Substitute

Respectfully submitted, /s/ Walker of the 107th
Chairman

Representative Knox of the 24th District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:

Your Committee on Insurance 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 164 Do Pass HB 275 Do Pass HB 307 Do Pass

HB 407 Do Pass HB 428 Do Pass

Respectfully submitted, /s/ Knox of the 24th
Chairman

Representative Ralston of the 7th District, Chairman of the Committee on Judiciary Non-civil, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary Non-civil 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 216 Do Pass, by Substitute

Respectfully submitted, /s/ Ralston of the 7th
Chairman

Representative Rice of the 51st District, Chairman of the Committee on Motor Vehicles, submitted the following report:

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Mr. Speaker:
Your Committee on Motor Vehicles 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 439 Do Pass HB 552 Do Pass HB 613 Do Pass
Respectfully submitted, /s/ Rice of the 51st
Chairman
Representative Lewis of the 15th 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 622 Do Pass
Respectfully submitted, /s/ Lewis of the 15th
Chairman
The following Resolution of the House, referred to the House Rules Subcommittee on Invites, was reported by the Committee on Rules with the following recommendation:
HR 409 Do Pass
Representative Smith of the 168th District, 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:

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HB 517 Do Pass, by Substitute HB 663 Do Pass

Respectfully submitted, /s/ Smith of the 168th
Chairman

Representative O'Neal of the 146th 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 House and has instructed me to report the same back to the House with the following recommendations:

HB 167 Do Pass, by Substitute HB 194 Do Pass, by Substitute HB 210 Do Pass, by Substitute HB 306 Do Pass, by Substitute HB 315 Do Pass HB 341 Do Pass, by Substitute HB 429 Do Pass, by Substitute HB 431 Do Pass HB 452 Do Pass

HB 488 Do Pass, by Substitute HB 505 Do Pass HB 516 Do Pass, by Substitute HB 538 Do Pass, by Substitute HB 539 Do Pass, by Substitute HB 541 Do Pass, by Substitute HB 556 Do Pass HB 559 Do Pass, by Substitute HR 340 Do Pass, by Substitute

Respectfully submitted, /s/ O'Neal of the 146th
Chairman

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

HOUSE RULES CALENDAR FRIDAY, MARCH 4, 2005

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 28th Legislative Day as enumerated below:

DEBATE CALENDAR

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Open Rule

HB 85

General appropriations; FY 2005-2006

Modified Open Rule

None

Modified Structured Rule

None

Structured Rule

HB 48

Ethics in government; amend provisions

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

Respectfully submitted, /s/ Ehrhart of the 36th
Chairman

Representative Jacobs of the 80th moved that the following Bill of the House be withdrawn from the Local Calendar and recommitted to the Committee on State Planning & Community Affairs - Local:

HB 517. By Representatives Jacobs of the 80th, Watson of the 91st, Chambers of the 81st, Williams of the 89th, Millar of the 79th and others:

A BILL to be entitled an Act to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act establishing the form of government of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, so as to require that the DeKalb County Commission or other entities created by the Commission or by local Act relating to the governing authority of DeKalb County allow each individual present to speak regarding issues before the Commission or entity or on the meeting agenda; to repeal conflicting laws; and for other purposes.

The motion prevailed.

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

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HB 663. By Representatives Cooper of the 41st, Tumlin of the 38th, Setzler of the 35th, Jones of the 44th, Ehrhart of the 36th and others:

A BILL to be entitled an Act to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4078), so as to change the compensation of certain employees of such office; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton
Black Y Bordeaux
Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D
Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B E Coleman, T
Cooper Y Cox

Y Crawford Y Cummings Y Davis
Day Dean Y Dickson E Dodson Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Floyd, J E Fludd Y Forster Franklin Y Freeman Y Gardner Y Geisinger Golick Y Graves, D Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J E Heard, K Y Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne
Houston Howard Hudson Y Hugley Y Jackson Y Jacobs James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen E Keown Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Manning E Marin Y Martin

Y Maxwell Y May E McCall Y McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris
Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal
Orrock Parham Y Parrish Parsons Y Porter Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F
Sinkfield Smith, B Smith, L Y Smith, P Y Smith, R Y Smith, T Smith, V Y Smyre Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Tumlin Y Walker Y Warren E Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Wix Yates Richardson, Speaker

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On the passage of the Bill, the ayes were 132, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Representatives Lewis of the 15th and Smith of the 113th 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 passed by the requisite constitutional majority the following bills of the Senate and House:
SB 13. By Senators Rogers of the 21st, Seabaugh of the 28th, Mullis of the 53rd, Hill of the 32nd and Moody of the 56th:
A BILL to be entitled an Act to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to provide a short title; to provide for definitions; to provide that the terms of gift certificates, store gift cards, and general use prepaid cards shall be disclosed at the time of purchase and through certain notifications; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 25. By Senators Seabaugh of the 28th, Harp of the 29th, Schaefer of the 50th, Hill of the 32nd, Pearson of the 51st and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to require certain divorcing parents to participate in education classes that focus on the effect of divorce and separation on children; to provide for legislative findings; to provide for the types of persons who can provide the education; to provide for exceptions to the education classes; to change the time limit for granting a divorce on the grounds that the marriage is irretrievably broken; to provide for different time frames for granting divorce based on certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 62. By Senators Shafer of the 48th, Staton of the 18th, Heath of the 31st and Hill of the 32nd:

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A BILL to be entitled an Act to provide for a short title; to provide for legislative findings; to amend Title 16 of the Official Code of Georgia Annotated, relating to computer systems protections, so as to add a new part to create the new crime of initiation of deceptive commercial e-mail; to provide for definitions; to provide for criminal penalties; to provide for civil relief and venue for civil proceedings; to provide for certain prosecuting officials to prosecute deceptive commercial e-mail; to provide for applicability; to provide for exceptions; to change provisions relating to the definition of racketeering activity in the Georgia RICO Act; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 93. By Senators Harp of the 29th, Tolleson of the 20th, Hamrick of the 30th, Heath of the 31st, Goggans of the 7th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to prohibit the use of plastic or other types of material covering license plates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 112. By Senators Goggans of the 7th, Golden of the 8th, Thomas of the 54th, Hill of the 32nd, Stephens of the 27th and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 49 of the O.C.G.A., relating to public assistance, so as to establish the Georgia Long-Term Care Partnership Program; to provide a short title; to provide definitions; to provide for the administration of the program; to provide for certain duties and responsibilities; to provide that certain assets of persons not be considered when certain determinations concerning eligibility for Medicaid assistance are made; to provide for criteria for asset disregard; to provide for reciprocal agreements with other states; to authorize the Department of Community Health and the Commissioner of Insurance to promulgate certain rules and regulations; to provide for certain contingencies; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 134. By Senators Kemp of the 46th, Harbison of the 15th, Fort of the 39th, Zamarripa of the 36th and Stephens of the 27th:
A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that the Department of Juvenile Justice operate certain programs for persons who violate the terms and conditions of probation; to provide that the Department of Juvenile Justice operate certain community based alternative

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programs under certain circumstances; to change provisions relating to disposition of a delinquent child; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 150. By Senators Zamarripa of the 36th, Williams of the 19th, Reed of the 35th, Moody of the 56th, Adelman of the 42nd and others:
A BILL to be entitled an Act to provide a short title; to amend Part 1 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions relative 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 provide an effective date; to repeal a specific law; to repeal conflicting laws; and for other purposes.
SB 155. By Senators Tolleson of the 20th, Whitehead, Sr. of the 24th, Cagle of the 49th, Johnson of the 1st, Starr of the 44th and others:
A BILL to be entitled an Act to amend provisions of the O.C.G.A. relating to recreational vehicles; to amend Part 1 of Article 22 of Chapter 1 of Title 10 of the O.C.G.A., relating to general considerations regarding motor vehicle franchises, so as to exempt recreational vehicles from the definition of motor vehicle; to amend Chapter 1 of Title 10 of the O.C.G.A., relating to selling and other trade practices, so as to provide for definitions; to provide purposes and policies to protect recreational vehicle dealers; to provide for sales areas; to provide for changing or terminating sales areas only for good cause; to provide for notice of termination or substantial change to a sales area; to provide for repurchase of inventories by the grantor upon termination of a dealership; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 160. By Senators Pearson of the 51st, Williams of the 19th, Whitehead, Sr. of the 24th, Douglas of the 17th, Hamrick of the 30th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 32 of the O.C.G.A., relating to general provisions relative to highways, bridges, and ferries, so as to amend the definition of terms; to amend Article 2 of Chapter 6 of Title 32 of the O.C.G.A., relating to dimensions and weight of vehicles and loads, so as to remove all references to national highways; to amend Part 1 of Article 3 of Chapter 6 of Title 32 of the O.C.G.A., relating to control of signs and signals on public roads generally, so as to remove all references to a federalaid primary road; to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the

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O.C.G.A.; to amend Article 8 of Chapter 6 of Title 32 of the O.C.G.A.; to amend Part 1 of Article 1 of Chapter 10 of Title 32 of the O.C.G.A.; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 166. By Senators Rogers of the 21st, Hudgens of the 47th, Stephens of the 27th, Harbison of the 15th and Stoner of the 6th:
A BILL to be entitled an Act to amend Code Section 33-31-7 of the Official Code of Georgia Annotated, relating to issuance of policy or certificate of credit life insurance, so as to provide that the insurer shall deliver the policy or certificate to the insured within 90 days after the indebtedness is incurred; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 167. By Senators Rogers of the 21st, Hudgens of the 47th, Stephens of the 27th and Stoner of the 6th:
A BILL to be entitled an Act to amend Code Section 33-31-9 of the Official Code of Georgia Annotated, relating to refunds and credits of credit life insurance premiums, so as to provide that the insured shall notify the credit life insurer upon the early payoff of the indebtedness; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 195. By Senators Schaefer of the 50th, Rogers of the 21st, Carter of the 13th, Chance of the 16th, Pearson of the 51st and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to regulate loans to and abandoned property of museums and archives repositories; to provide a short title; to define certain terms; to provide a process for establishing ownership of property loaned to museums and archives repositories; to provide for notice; to provide for other related matters; to repeal conflicting laws; and for other purposes
SB 197. By Senator Thompson of the 33rd:
A BILL to be entitled an Act to amend a former local constitutional amendment, Ga. L. 1976, p. 1908, which former local constitutional amendment was continued in effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution of Georgia and which provided a homestead exemption from City of Powder Springs ad valorem taxes for

FRIDAY, MARCH 4, 2005

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municipal purposes in the amount of $2,000.00 of the assessed value of the homestead for resident homeowners of that city and a homestead exemption from City of Powder Springs ad valorem taxes for municipal purposes in the amount of $4,000.00 of the assessed value of the homestead for resident homeowners who are 65 years of age or over, so as to increase the amount of the $4,000.00 homestead exemption to $12,000.00; 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 204. By Senators Kemp of the 46th, Thomas of the 54th, Zamarripa of the 36th, Goggans of the 7th, Unterman of the 45th and others:
A BILL to be entitled an Act to amend Chapter 33 of Title 31 of the Official Code of Georgia Annotated, relating to health records, so as to provide that any health care provider, health care facility, or health care professional may create, maintain, transmit, receive, and store medical records in an electronic format; to provide conditions; to provide for legal rights and responsibilities; to provide for tangible copies of records; to provide for costs; to repeal conflicting laws; and for other purposes.
SB 208. By Senators Meyer von Bremen of the 12th, Stephens of the 27th, Thomas of the 54th, Hooks of the 14th and Carter of the 13th:
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 create a state-wide central registry for traumatic brain and spinal cord injuries; to change certain definitions; to require that certain information relating to brain or spinal cord injured persons be reported to the Brain and Spinal Injury Trust Fund Commission; to provide for certain duties of the commission; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 224. By Senators Balfour of the 9th and Henson of the 41st:
A BILL to be entitled an Act to amend Chapter 4B of Title 43 of the O.C.G.A., relating to the Georgia Athletic and Entertainment Commission, so as to revise and clarify definitions relative to the commission; to change a provision relating to the applicability of the chapter; to change a provision relating to the term of appointment for members of the commission; to provide that restrictions on members and employees of the commission apply to martial arts and wrestling in addition to boxing; to provide for the offense of promotion of unarmed combat; to provide for penalties; to revise provisions

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relating to taxation of promoters gross receipts; to change a provision relating to service charges for tickets sold by an authorized ticket agent; to repeal conflicting laws; and for other purposes.
HB 191. By Representatives O`Neal of the 146th and Williams of the 4th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide for adjustments to taxable net income with respect to certain direct or indirect interest expenses and costs and intangible expenses and costs; to provide for procedures, conditions, and limitations; to change the manner and method of allocating and apportioning income with respect to corporations; to provide for powers, duties, and authority of the state revenue commissioner; to provide effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
HB 259. By Representative Barnard of the 166th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Evans County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 283. By Representatives Day of the 163rd and Stephens of the 164th:
A BILL to be entitled an Act to amend an Act amending an Act providing for a base year assessed value homestead exemption from City of Vernonburg ad valorem taxes for municipal purposes, approved May 17, 2004 (Ga. L. 2004, p. 4318), so as to correct certain typographical errors; to repeal conflicting laws; and for other purposes.
HB 284. By Representatives Day of the 163rd and Stephens of the 164th:
A BILL to be entitled an Act to amend an Act amending an Act providing for a base year assessed value homestead exemption from City of Tybee Island ad valorem taxes for municipal purposes, approved May 17, 2004 (Ga. L. 2004, p. 4321), so as to correct certain typographical errors; to repeal conflicting laws; and for other purposes.
HB 302. By Representative Scott of the 2nd:

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A BILL to be entitled an Act to provide a homestead exemption from Dade County school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 397. By Representatives Manning of the 32nd, Setzler of the 35th, Tumlin of the 38th, Cooper of the 41st, Jones of the 44th and others:
A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, so as to change the compensation of the judges and associate judges of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 454. By Representatives Parsons of the 42nd, Tumlin of the 38th, Dollar of the 45th, Johnson of the 37th, Teilhet of the 40th and others:
A BILL to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3712), so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 456. By Representatives Ehrhart of the 36th, Teilhet of the 40th, Golick of the 34th, Dollar of the 45th, Jones of the 44th and others:
A BILL to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, 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; to repeal conflicting laws; and for other purposes.
HB 461. By Representatives Williams of the 165th, Barnard of the 166th and Stephens of the 164th:
A BILL to be entitled an Act to amend an Act creating the Board of Education of Liberty County, approved December 10, 1986 (Ga. L. 1986, p. 3452), as

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amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3768), so as to provide a per diem allowance for the chairperson and members of the board of education; to provide for restrictions; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 485. By Representative Reece of the 11th:
A BILL to be entitled an Act to amend an Act to provide for the election of members of the board of education of Chattooga County, approved April 25, 2002 (Ga. L. 2002, p. 4723), so as to provide for compensation of board members; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate and House:
SR 161. By Senators Hamrick of the 30th, Tate of the 38th, Kemp of the 46th, Unterman of the 45th and Harbison of the 15th:
A RESOLUTION creating the Juvenile Code Rewrite Joint Study Committee; and for other purposes.
HR 392. By Representative Keen of the 179th:
A RESOLUTION relative to adjournment; and for other purposes.
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 125. By Senators Mullis of the 53rd, Rogers of the 21st, Zamarripa of the 36th, Whitehead, Sr. of the 24th, Stephens of the 27th and others:
A BILL to be entitled an Act to amend Titles 50 and 12 of the O.C.G.A., relating respectively to state government and conservation and natural resources; to promote tourism through a state-wide tourism marketing program and a more focused administrative structure; to provide for implementation and for coordination of other agencies by the Department of Economic Development; to provide corresponding amendments to powers of the Board of Economic Development; to provide for a Georgia Tourism Foundation and the solicitation and disbursement of contributions; to transfer the assignment for administrative purposes of certain venues and authorities with tourism roles to the Department of Economic Development; to provide for appointment of the board of the Music Hall of Fame Authority; to provide for an effective date; to repeal conflicting laws, and for related purposes.

FRIDAY, MARCH 4, 2005

1259

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

SB 13.

By Senators Rogers of the 21st, Seabaugh of the 28th, Mullis of the 53rd, Hill of the 32nd and Moody of the 56th:

A BILL to be entitled an Act to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to provide a short title; to provide for definitions; to provide that the terms of gift certificates, store gift cards, and general use prepaid cards shall be disclosed at the time of purchase and through certain notifications; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 25.

By Senators Seabaugh of the 28th, Harp of the 29th, Schaefer of the 50th, Hill of the 32nd, Pearson of the 51st and others:

A BILL to be entitled an Act to amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to require certain divorcing parents to participate in education classes that focus on the effect of divorce and separation on children; to provide for legislative findings; to provide for the types of persons who can provide the education; to provide for exceptions to the education classes; to change the time limit for granting a divorce on the grounds that the marriage is irretrievably broken; to provide for different time frames for granting divorce based on certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 62.

By Senators Shafer of the 48th, Staton of the 18th, Heath of the 31st and Hill of the 32nd:

A BILL to be entitled an Act to provide for a short title; to provide for legislative findings; to amend Title 16 of the Official Code of Georgia Annotated, relating to computer systems protections, so as to add a new part to create the new crime of initiation of deceptive commercial e-mail; to provide for definitions; to provide for criminal penalties; to provide for civil relief and venue for civil proceedings; to provide for certain prosecuting officials to prosecute deceptive commercial e-mail; to provide for applicability; to provide for exceptions; to change provisions relating to the

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definition of racketeering activity in the Georgia RICO Act; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary Non-Civil.

SB 93.

By Senators Harp of the 29th, Tolleson of the 20th, Hamrick of the 30th, Heath of the 31st, Goggans of the 7th and others:

A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to prohibit the use of plastic or other types of material covering license plates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Motor Vehicles.

SB 112. By Senators Goggans of the 7th, Golden of the 8th, Thomas of the 54th, Hill of the 32nd, Stephens of the 27th and others:

A BILL to be entitled an Act to amend Chapter 4 of Title 49 of the O.C.G.A., relating to public assistance, so as to establish the Georgia Long-Term Care Partnership Program; to provide a short title; to provide definitions; to provide for the administration of the program; to provide for certain duties and responsibilities; to provide that certain assets of persons not be considered when certain determinations concerning eligibility for Medicaid assistance are made; to provide for criteria for asset disregard; to provide for reciprocal agreements with other states; to authorize the Department of Community Health and the Commissioner of Insurance to promulgate certain rules and regulations; to provide for certain contingencies; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Human Relations & Aging.

SB 122. By Senators Whitehead, Sr. of the 24th, Grant of the 25th and Cagle of the 49th:

A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management generally, so as to extend the collection of tire disposal fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

FRIDAY, MARCH 4, 2005

1261

SB 134. By Senators Kemp of the 46th, Harbison of the 15th, Fort of the 39th, Zamarripa of the 36th and Stephens of the 27th:
A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that the Department of Juvenile Justice operate certain programs for persons who violate the terms and conditions of probation; to provide that the Department of Juvenile Justice operate certain community based alternative programs under certain circumstances; to change provisions relating to disposition of a delinquent child; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 150. By Senators Zamarripa of the 36th, Williams of the 19th, Reed of the 35th, Moody of the 56th, Adelman of the 42nd and others:
A BILL to be entitled an Act to provide a short title; to amend Part 1 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions relative 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 provide an effective date; to repeal a specific law; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
SB 155. By Senators Tolleson of the 20th, Whitehead, Sr. of the 24th, Cagle of the 49th, Johnson of the 1st, Starr of the 44th and others:
A BILL to be entitled an Act to amend provisions of the O.C.G.A. relating to recreational vehicles; to amend Part 1 of Article 22 of Chapter 1 of Title 10 of the O.C.G.A., relating to general considerations regarding motor vehicle franchises, so as to exempt recreational vehicles from the definition of motor vehicle; to amend Chapter 1 of Title 10 of the O.C.G.A., relating to selling and other trade practices, so as to provide for definitions; to provide purposes and policies to protect recreational vehicle dealers; to provide for sales areas; to provide for changing or terminating sales areas only for good cause; to provide for notice of termination or substantial change to a sales area; to provide for repurchase of inventories by the grantor upon termination of a dealership; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Judiciary.
SB 160. By Senators Pearson of the 51st, Williams of the 19th, Whitehead, Sr. of the 24th, Douglas of the 17th, Hamrick of the 30th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 32 of the O.C.G.A., relating to general provisions relative to highways, bridges, and ferries, so as to amend the definition of terms; to amend Article 2 of Chapter 6 of Title 32 of the O.C.G.A., relating to dimensions and weight of vehicles and loads, so as to remove all references to national highways; to amend Part 1 of Article 3 of Chapter 6 of Title 32 of the O.C.G.A., relating to control of signs and signals on public roads generally, so as to remove all references to a federalaid primary road; to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the O.C.G.A.; to amend Article 8 of Chapter 6 of Title 32 of the O.C.G.A.; to amend Part 1 of Article 1 of Chapter 10 of Title 32 of the O.C.G.A.; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
SB 166. By Senators Rogers of the 21st, Hudgens of the 47th, Stephens of the 27th, Harbison of the 15th and Stoner of the 6th:
A BILL to be entitled an Act to amend Code Section 33-31-7 of the Official Code of Georgia Annotated, relating to issuance of policy or certificate of credit life insurance, so as to provide that the insurer shall deliver the policy or certificate to the insured within 90 days after the indebtedness is incurred; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
SB 167. By Senators Rogers of the 21st, Hudgens of the 47th, Stephens of the 27th and Stoner of the 6th:
A BILL to be entitled an Act to amend Code Section 33-31-9 of the Official Code of Georgia Annotated, relating to refunds and credits of credit life insurance premiums, so as to provide that the insured shall notify the credit life insurer upon the early payoff of the indebtedness; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.

FRIDAY, MARCH 4, 2005

1263

SB 195. By Senators Schaefer of the 50th, Rogers of the 21st, Carter of the 13th, Chance of the 16th, Pearson of the 51st and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to regulate loans to and abandoned property of museums and archives repositories; to provide a short title; to define certain terms; to provide a process for establishing ownership of property loaned to museums and archives repositories; to provide for notice; to provide for other related matters; to repeal conflicting laws; and for other purposes
Referred to the Committee on Judiciary.
SB 197. By Senator Thompson of the 33rd:
A BILL to be entitled an Act to amend a former local constitutional amendment, Ga. L. 1976, p. 1908, which former local constitutional amendment was continued in effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution of Georgia and which provided a homestead exemption from City of Powder Springs ad valorem taxes for municipal purposes in the amount of $2,000.00 of the assessed value of the homestead for resident homeowners of that city and a homestead exemption from City of Powder Springs ad valorem taxes for municipal purposes in the amount of $4,000.00 of the assessed value of the homestead for resident homeowners who are 65 years of age or over, so as to increase the amount of the $4,000.00 homestead exemption to $12,000.00; 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 204. By Senators Kemp of the 46th, Thomas of the 54th, Zamarripa of the 36th, Goggans of the 7th, Unterman of the 45th and others:
A BILL to be entitled an Act to amend Chapter 33 of Title 31 of the Official Code of Georgia Annotated, relating to health records, so as to provide that any health care provider, health care facility, or health care professional may create, maintain, transmit, receive, and store medical records in an electronic format; to provide conditions; to provide for legal rights and responsibilities; to provide for tangible copies of records; to provide for costs; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Judiciary.
SB 208. By Senators Meyer von Bremen of the 12th, Stephens of the 27th, Thomas of the 54th, Hooks of the 14th and Carter of the 13th:
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 create a state-wide central registry for traumatic brain and spinal cord injuries; to change certain definitions; to require that certain information relating to brain or spinal cord injured persons be reported to the Brain and Spinal Injury Trust Fund Commission; to provide for certain duties of the commission; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
SB 224. By Senators Balfour of the 9th and Henson of the 41st:
A BILL to be entitled an Act to amend Chapter 4B of Title 43 of the O.C.G.A., relating to the Georgia Athletic and Entertainment Commission, so as to revise and clarify definitions relative to the commission; to change a provision relating to the applicability of the chapter; to change a provision relating to the term of appointment for members of the commission; to provide that restrictions on members and employees of the commission apply to martial arts and wrestling in addition to boxing; to provide for the offense of promotion of unarmed combat; to provide for penalties; to revise provisions relating to taxation of promoters gross receipts; to change a provision relating to service charges for tickets sold by an authorized ticket agent; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
SR 161. By Senators Hamrick of the 30th, Tate of the 38th, Kemp of the 46th, Unterman of the 45th and Harbison of the 15th:
A RESOLUTION creating the Juvenile Code Rewrite Joint Study Committee; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
The following members were recognized during the period of Morning Orders and addressed the House:

FRIDAY, MARCH 4, 2005

1265

Buckner of the 130th, Brooks of the 63rd, Gardner of the 57th, and Roberts of the 154th.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and referred to the Committee on Science and Technology:
HB 638. By Representatives Buckner of the 76th, Reece of the 11th, Smith of the 168th, Powell of the 29th, Jacobs of the 80th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide definitions; to require investigative consumer reporting agencies to give notice to consumers of certain security breaches; to provide for a standard of care to be exercised by investigative consumer reporting agencies; to provide for rules, regulations, and guidelines; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and referred to the Committee on Science and Technology:
HB 649. By Representatives Cox of the 102nd, Geisinger of the 48th, Maxwell of the 17th and Coan of the 101st:
A BILL to be entitled an Act to amend Article 8 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving identity fraud, so as to provide that any person who is engaged in any business which involves the collection or maintenance of identifying information with respect to consumers shall have a duty to maintain such identifying information in a manner which is secure against unauthorized disclosure; to require prompt notification to a consumer if the security of that consumers identifying information is or may have been breached; to provide for criminal penalties and civil and administrative remedies; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Ways & Means and referred to the Committee on Retirement:
HR 385. By Representatives Talton of the 145th, O`Neal of the 146th, Parsons of the 42nd, Murphy of the 23rd, Mills of the 25th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly shall be authorized to enact legislation

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JOURNAL OF THE HOUSE

and appropriate funds necessary to provide for retirement credit for retired members of the Peace Officers Annuity and Benefit Fund for service rendered prior to January 1, 1976; to provide that such legislation may provide for membership in such fund for peace officers who rendered service as a peace officer prior to January 1, 1976, but who are not members of the fund on July 1, 2007; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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

HR 429. By Representatives Cox of the 102nd, Coan of the 101st and Coleman of the 97th:

A RESOLUTION commending the Berkmar High School Academic Decathlon Team and inviting Coach IV Bray and the team members to appear before the House of Representatives; 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 84. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th and Keen of the 179th:

A BILL to amend an Act providing appropriations for the State Fiscal Year 2004-2005, known as the "General Appropriations Act," approved May 17, 2004 (Ga. L. 2004, p. 994.) and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 84

The Committee of Conference on HB 84 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 84 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Jack Hill Senator, 4th District

/s/ Ben Harbin Representative, 118th District

FRIDAY, MARCH 4, 2005

1267

/s/ Bill Stephens Senator, 27th District

/s/ Jerry Keen Representative, 179th District

/s/ Tommie Williams Senator, 19th District

/s/ Mark Burkhalter Representative, 50th District

A BILL

To amend an Act providing appropriations for the State Fiscal Year 2004-2005 known as the "General Appropriations Act", approved June 4, 2004 (Ga. L. 2004, p. 710), so as to change certain appropriations for the State Fiscal Year 2004-2005; 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 2004-2005, as amended,
known as the "General Appropriations Act" approved June 4, 2004 (Ga. L. 2004, p. 710), is further amended by striking everything following the enacting clause through Section 68, 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, 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, reserves, new revenues, and a revenue estimate of $15,433,095,934 (excluding reserve funds, lottery receipts, tobacco fund receipts and brain and spinal injury trust fund 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 Equipment Computer Charges

$ 32,854,358

$ 17,878,402

$ 5,265,355

$ 2,642,726

$

85,000

$

1,500

$

0

$

0

$

679,058

$

9,950

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JOURNAL OF THE HOUSE

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

$

7,000

$

546,420

$

157,234

$

104,000

$ 3,018,027

$

712,686

$

95,000

$ 1,652,000

$ 32,854,358

$ 32,854,358

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

$ 5,992,559 $ 5,992,559

$

870,398 $

870,398

$ 1,175,715 $ 1,175,715

$

569,599 $

569,599

$ 8,608,271 $ 8,608,271

House Program Budgets House of Representatives

Total Funds State Funds $ 16,083,520 $ 16,083,520

Joint Program Budgets
Legislative Counsel's Office Legislative Fiscal Office Ancillary Activities Budgetary Responsibility Oversight Committee Total

Total Funds State Funds

$ 2,580,036 $ 2,580,036

$ 2,246,193 $ 2,246,193

$ 3,141,223 $ 3,141,223

$

195,115 $

195,115

$ 8,162,567 $ 8,162,567

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

FRIDAY, MARCH 4, 2005

1269

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 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 Contracts Computer Charges Telecommunications
Total Funds Budgeted
State Funds Budgeted

$ 28,193,466

$ 24,206,416

$

849,490

$

400,000

$

0

$

20,000

$ 1,106,000

$

176,000

$

0

$ 1,113,500

$

322,060

$ 28,193,466

$ 28,193,466

Section 3. Judicial Branch.

PART II JUDICIAL BRANCH

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JOURNAL OF THE HOUSE

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 Total Funds Budgeted
State Funds Budgeted

$ 165,228,101

$ 16,468,418

$ 112,279,695

$ 5,397,197

$ 2,186,869

$

144,925

$

800,000

$ 31,008,043 $ 168,285,147 $ 165,228,101

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 Office Of Dispute Resolution Council of Superior Court Clerks Total

Total Funds State Funds

$ 7,526,705 $ 7,526,705

$ 11,889,673 $ 11,799,673

$ 50,431,872 $ 50,431,872

$ 47,781,447 $ 46,014,401

$ 1,410,096 $ 1,410,096

$ 1,126,382 $ 1,126,382

$ 16,356,425 $ 16,356,425

$

253,951 $

253,951

$ 31,008,043 $ 29,808,043

$

355,628 $

355,628

$

144,925 $

144,925

$ 168,285,147 $ 165,228,101

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

$ 35,557,790

$ 19,501,718

$ 2,740,194

$

293,660

$

20,418

$

125,582

$ 132,900,000

$ 4,164,991

$ 1,129,002

$

393,740

$ 1,002,436

$ 1,783,435

$

0

FRIDAY, MARCH 4, 2005

1271

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

$

0

$

612,556

$ 3,245,600

$

0

$

60,473

$

35,590

$

60,500

$

0

$ 18,114,112

$

87,994

$ 186,272,001

$ 35,557,790

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 Bulk Paper Sales Fiscal Services Administrative Hearings State Properties Commission Office of Treasury and Fiscal Services Total

Total Funds State Funds

$ 5,741,742 $ 3,167,683

$ 137,548,208 $

0

$ 6,722,240 $ 6,569,180

$ 2,198,220 $

411,113

$

371,055 $

371,055

$ 2,017,271 $

0

$

983,555 $

0

$

162,659 $

70,810

$

134,316 $

0

$

907,453 $

887,209

$ 2,682,946 $

527,435

$ 19,242,169 $ 18,971,225

$ 4,299,014 $ 3,697,706

$

554,541 $

554,541

$ 2,706,612 $

329,833

$ 186,272,001 $ 35,557,790

Section 5. Department of Agriculture. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals

$ 35,801,505

$ 31,795,106

$ 3,850,488

$ 1,043,708

$

0

$

291,598

$

664,341

$ 1,188,343

1272

JOURNAL OF THE HOUSE

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

$

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

$ 48,485,924

$ 35,801,505

Departmental Program Budgets
Consumer Protection Marketing and Promotion Administration Total

Total Funds State Funds $ 33,856,636 $ 25,894,854 $ 8,627,048 $ 5,053,867 $ 6,002,240 $ 4,852,784 $ 48,485,924 $ 35,801,505

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

$ 10,187,213

$ 8,745,751

$

269,025

$

308,557

$

0

$

2,347

$

170,978

$

565,436

$

113,120

$

11,999

$

0

$ 10,187,213

$ 10,187,213

FRIDAY, MARCH 4, 2005

1273

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 $ 6,073,756 $ 6,073,756 $ 1,740,512 $ 1,740,512

$

310,441 $

310,441

$

384,393 $

384,393

$ 1,678,111 $ 1,678,111

$ 10,187,213 $ 10,187,213

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 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- Georgia Cities Foundation GHFA- Life Sciences Facilities Fund Quality Growth Program Payment to Georgia Environmental Facilities
Authority Payments to Georgia Sports Hall of Fame

$ 28,904,881

$ 47,123,333

$ 23,333,506

$ 1,892,412

$

668,662

$

0

$

166,022

$

573,436

$ 1,438,176

$

522,658

$

972,363

$

539,025

$ 1,779,593

$

354,356

$

163,000

$ 30,000,000

$ 5,000,000

$ 3,122,606

$

0

$ 2,778,750

$ 2,667,600

$

0

$

0

$ 50,000,000

$

694,687

$ 2,000,000

$

0

$

275,000

$

716,733

1274

JOURNAL OF THE HOUSE

Georgia Regional Transportation Authority One Georgia
Total Funds Budgeted
Tobacco Funds Budgeted State Funds Budgeted

$ 4,334,685 $ 47,123,333 $ 181,116,603
$ 47,123,333 $ 28,904,881

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 Regional Services Data and Research Pass - Thru Georgia Environmental Facilities Authority Georgia Sports Hall of Fame Georgia Regional Transportation Authority One Georgia Total

Total Funds State Funds

$ 4,142,175 $ 1,643,402

$ 4,014,155 $

0

$ 62,665,992 $ 3,122,606

$ 3,951,209 $ 2,778,750

$

446,404 $

274,682

$ 3,575,243 $ 3,575,243

$ 38,201,865 $

$ 5,410,586 $

$ 1,167,790 $

$ 1,181,557 $

$

708,399 $

$ 1,538,482 $

$

633,706 $

$

767,258 $

$

275,000 $

$

716,733 $

$ 4,334,685 $

$ 47,385,364 $

$ 181,116,603 $

1,216,511 5,398,699 1,167,790
752,935 708,399 1,538,482 633,706 767,258 275,000 716,733 4,334,685 47,123,333 76,028,214

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

$ 1,903,105,744

$ 53,116,681

$ 32,418,706

$ 7,897,760

$

286,359

$

0

$

79,120

$ 137,324,177

$ 1,793,945

$

895,502

$ 1,350,873

$ 109,246,438

FRIDAY, MARCH 4, 2005

1275

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
Total Funds Budgeted
Tobacco Funds Budgeted State Funds Budgeted

$ 533,800,000

$ 5,828,078,719

$ 1,097,500

$

0

$

183,244

$

544,826

$ 1,500,000,000

$

49,511

$

300,757

$

728,000

$ 3,646,792

$ 1,941,782

$

0

$ 3,428,706

$ 17,960,862

$ 10,141,628

$

0

$

418,046

$

96,965

$ 8,193,710,218

$ 53,116,681 $ 1,903,105,744

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

$ 6,074,025,978 $ 1,866,868,226

$ 2,050,946,015 $ 33,956,708

$ 3,797,281 $ 3,480,585

$ 3,759,666 $ 3,115,776

$

0$

0

$ 21,708,670 $ 9,328,522

$ 1,308,374 $ 1,308,374

$ 38,164,234 $ 38,164,234

$ 8,193,710,218 $ 1,956,222,425

B. Budget Unit: State Funds - Indigent Care Trust Fund
Per Diem and Fees Contracts Benefits Payments to Nursing Homes
Total Funds Budgeted

$ 109,857,425

$

0

$ 8,200,000

$ 360,067,504

$ 272,608,762

$ 640,876,266

1276

JOURNAL OF THE HOUSE

Other Funds Federal Funds State Funds Budgeted
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
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

$ 148,828,880 $ 382,189,961 $ 109,857,425

$ 74,759,356

$ 4,970,705

$

378,174

$

165,254

$

45,000

$

0

$

0

$

0

$

0

$

0

$

0

$ 10,304,101

$ 275,827,891

$ 286,720,420

$ 4,970,705

$ 74,759,356

$ 891,749,240

$ 541,203,430

$ 57,373,951

$ 1,521,452

$

412,720

$ 2,550,374

$ 5,211,166

$ 7,690,886

$ 6,793,332

$

67,637

$ 74,381,622

$

0

$ 26,914,847

$ 1,300,000

$ 37,726,400

$ 11,882,282

$

0

$

0

$ 4,268,025

FRIDAY, MARCH 4, 2005

1277

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

$ 1,627,150

$

577,160

$ 1,450,000

$ 133,515,006

$

449,944

$

0

$ 916,917,384

$

450,000

$ 891,749,240

Departmental Program Budgets
Administration State Prisons 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

Total Funds State Funds $ 52,504,120 $ 50,218,120 $ 420,572,274 $ 411,404,486 $ 64,439,011 $ 64,439,011 $ 148,419,005 $ 139,954,796 $ 13,444,942 $ 13,213,217 $ 55,803,694 $ 55,803,694 $ 71,470,468 $ 71,470,468 $ 21,575,036 $ 21,575,036 $ 41,965,660 $ 40,422,991 $ 3,894,640 $ 3,834,992 $ 14,433,111 $ 11,244,419 $ 3,231,577 $ 3,203,788 $ 5,163,846 $ 4,964,222 $ 916,917,384 $ 891,749,240

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

$ 7,965,274

$ 17,588,478

$ 24,245,519

$

90,875

$

0

$

52,800

$

68,625

$

43,211

$ 1,020,852

$ 1,341,895

$

244,000

$

0

$

9,930

1278

JOURNAL OF THE HOUSE

Total Funds Budgeted State Funds Budgeted

$ 44,706,185 $ 7,965,274

Departmental Program Budgets
Readiness Civil Support Facilities Administration Total

Total Funds State Funds

$

462,902 $

462,902

$ 7,767,361 $ 2,956,475

$ 33,802,959 $ 2,110,817

$ 2,672,963 $ 2,435,080

$ 44,706,185 $ 7,965,274

Section 11. Department of Early Care and Learning.
State Funds 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

$ 3,175,976

$ 269,169,866

$ 2,168,985

$ 4,909,478

$ 3,330,263

$

29,783

$

43,283

$

0

$

0

$

0

$

5,000

$

198,750

$

3,000

$

10,007

$

0

$

0

$ 88,195,529

$

891,055

$ 368,954,999

$ 276,248,329

$ 3,175,976

Departmental Program Budgets
Child Care Services Nutrition Pre-Kindergarten Program Quality Initiative Total

Total Funds State Funds

$ 3,620,086 $ 3,175,976

$ 88,000,835 $

0

$ 276,463,932 $

0

$

870,146 $

0

$ 368,954,999 $ 3,175,976

FRIDAY, MARCH 4, 2005

1279

Section 12. Department of Economic Development.
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 Waterway Development in Georgia Georgia World Congress Center
Total Funds Budgeted
Tobacco Funds Budgeted State Funds Budgeted

$ 25,671,981

$

0

$ 12,111,235

$ 1,228,173

$

564,656

$

0

$

15,597

$

376,336

$

198,884

$

402,305

$

15,000

$ 1,569,044

$

238,070

$ 8,952,681

$

0

$

0

$ 25,671,981

$

0

$ 25,671,981

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 4,043,836 $ 4,541,337 $ 2,295,581 $ 6,299,467 $
1,929,226 $ 1,080,295 $
753,931 $
1,551,526 $ 994,860 $
1,086,574 $ 899,378 $ 195,970 $
25,671,981 $

State Funds 4,043,836 4,541,337 2,295,581 6,299,467
1,929,226 1,080,295
753,931
1,551,526 994,860
1,086,574 899,378 195,970
25,671,981

Section 13. State Board of Education

1280

JOURNAL OF THE HOUSE

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: Student Achievement Grants Next Generation School Grants Youth Apprenticeship Grants High School Program - Agriculture Ed

$ 6,056,383,640

$

0

$ 45,748,450

$ 7,831,097

$ 1,570,996

$

0

$

219,497

$ 1,193,504

$ 4,832,437

$ 22,654,923

$ 13,021,306

$

815,976

$

771,396

$

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 $(1,263,578,713) $ 105,870,069 $ 85,056,285

$ 345,185,556

$ 6,352,443

$

826,722

$ 7,640,465

$

100,000

$ 3,811,974

$ 7,906,138

FRIDAY, MARCH 4, 2005
High School Program - Tech/Career Ed Payment of Federal Funds to Board of Technical
and Adult Education Vocational Research and Curriculum Even Start Family Literacy Instructional Services for the Handicapped Retirement (H.B. 272 and H.B. 1321) Tuition for the Multi-Handicapped PSAT School Lunch (Federal) School Lunch (State) 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 Charter Schools Refugee School Impact State and Local Education Improvement Health Insurance - Non-Cert. Personnel and Retired
Teachers Migrant Education (State) Regional Education Service Agencies Severely Emotionally Disturbed Georgia Learning Resources System Special Education at State Institutions Byrd Honor Scholarships 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

1281

$ 35,572,883

$ 18,888,697

$

0

$ 6,391,803

$ 259,777,567

$ 5,508,750

$ 1,658,859

$

719,129

$ 188,375,722

$ 35,221,838

$

0

$ 1,851,164

$

657,400

$ 23,501,959

$ 1,099,132

$

0

$ 3,163,000

$

752,037

$ 6,879,395

$

639,390

$

0

$ 107,826,070

$

267,535

$ 11,183,730

$ 65,852,330

$ 5,117,573

$ 3,556,873

$ 1,212,000

$

0

$ 9,228,679

$

0

$ 5,361,125

$

0

$ 30,000,000

$ 28,115,683

$ 18,368,090

$ 3,644,339

$ 11,636,228

$ 1,320,623

$

0

$

0

1282

JOURNAL OF THE HOUSE

Postsecondary Options Comprehensive School Reform Georgia Virtual School Title I-A Improving Basic Programs - LEA's Title I-B Reading First Title I-C Migrant Education Title I-D Neglected and Delinquent Title II Math/Science Grant Title II-A Improving Teacher Quality Title II-D Enhancing Education Thru Technology Title III-A English Language Title IV-A1, Safe and Drug Free Schools Title IV-B 21st Century Communication Title V Innovative Programs Title VI-A State Assessment Programs 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

$

0

$ 17,222,647

$

500,000

$ 311,537,540

$ 50,116,464

$ 8,548,626

$ 2,000,255

$ 4,212,377

$ 72,520,695

$ 19,170,536

$ 10,629,204

$ 9,386,637

$ 27,235,252

$ 7,410,479

$ 9,704,191

$ 6,946,366

$ (332,835,102)

$

0

$ 7,210,043,539

$

0

$

0

$ 6,056,383,640

Departmental Program Budgets
Central Office School Improvement Curriculum Testing Special Education State Schools Limited English Proficient Staff Development Core K-12 Remedial Education Alternative Education Student Excellence Technology Career Education Agriculture Education Health and Nutrition Transportation and Facilities Data Collection and Technology Services School Leadership

Total Funds State Funds

$ 10,928,672 $ 9,094,458

$ 50,002,463 $ 14,361,768

$ 93,095,203 $ 33,391,148

$ 32,593,802 $ 22,498,626

$ 367,247,030 $ 88,100,710

$ 20,000,631 $ 19,032,646

$ 11,200,380 $

0

$ 83,122,758 $ 10,602,063

$ 5,901,435,400 $ 5,500,443,006

$

0$

0

$ 3,320,878 $ 1,320,623

$ 2,603,743 $ 1,391,743

$ 42,731,566 $ 15,534,051

$ 8,355,551 $ 7,454,774

$ 257,745,074 $ 35,421,953

$ 153,509,545 $ 153,509,545

$ 23,382,471 $ 14,346,851

$ 5,361,125 $ 5,361,125

FRIDAY, MARCH 4, 2005

1283

RESAs Pass Through Funds Total

$ 11,183,730 $ 11,183,730 $ 132,223,517 $ 113,334,820 $ 7,210,043,539 $ 6,056,383,640

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

Section 14. 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 Georgia Military Pension Fund
Total Funds Budgeted State Funds Budgeted
Section 15. Forestry Commission. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

$

890,651

$ 5,202,353

$

621,699

$

29,000

$

0

$

12,450

$ 5,900,000

$

561,196

$

142,000

$ 1,090,999

$ 3,300,000

$

890,651

$ 17,750,348

$

890,651

$ 31,572,309

$ 28,194,750

$ 5,526,404

$

111,311

$

662,772

1284

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

$ 1,690,311

$

357,000

$

11,518

$

687,240

$

9,500

$

498,260

$

88,500

$

0

$

0

$ 37,837,566

$ 31,572,309

Departmental Program Budgets
Reforestation Forest Protection Forest Management Administration Total

Total Funds State Funds

$ 2,043,615 $

2,624

$ 28,589,332 $ 25,712,721

$ 3,947,916 $ 2,768,416

$ 3,256,703 $ 3,088,548

$ 37,837,566 $ 31,572,309

Section 16. 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

$ 60,650,083

$ 46,401,237

$ 5,515,403

$

383,950

$

233,921

$

198,636

$

398,200

$

512,904

$ 1,094,547

$ 1,975,955

$ 5,360,359

$

288,667

$

0

$ 4,000,000

$ 27,783,371

$ 94,147,150

$ 60,650,083

Departmental Program Budgets Centralized Scientific Services

Total Funds State Funds $ 13,946,149 $ 13,946,149

FRIDAY, MARCH 4, 2005

1285

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 Criminal Justice Coordinating Council Administration Total

$ 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

$ 33,803,201 $

306,134

$ 6,075,422 $ 6,075,422

$ 94,147,150 $ 60,650,083

Section 17. 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

$ 47,848,120

$ 20,793,563

$ 1,483,807

$

349,075

$

0

$

50,911

$ 1,005,827

$ 1,044,450

$

533,681

$ 2,683,179

$ 3,015,287

$ 4,498,627

$

40,000

$ 13,312,882

$

358,595

$ 3,374,509

$

274,194

$

254,499

$

0

$

0

$ 1,085,000

$

0

$

57,000

$

0

$

111,930

$ 54,327,016

$ 47,848,120

Departmental Program Budgets

1286

JOURNAL OF THE HOUSE

Governor's Office Georgia Commission on Equal Opportunity Office of Planning and Budget
Administration 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 Office of Education Accountability Office of the Inspector General Office of Homeland Security Total
Section 18. 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

Total Funds State Funds

$ 18,210,104 $ 18,210,104

$ 1,088,874 $

701,657

$ 2,660,080 $ 2,660,080

$ 2,291,534 $ 2,291,534

$

911,506 $

911,506

$ 2,389,671 $ 2,389,671

$ 2,025,609 $ 2,025,609

$ 4,718,893 $ 4,054,800

$ 3,829,305 $ 3,211,616

$

699,864 $

699,864

$ 6,256,034 $ 6,144,104

$ 6,448,233 $ 2,016,266

$ 1,381,960 $ 1,115,960

$

804,076 $

804,076

$

611,273 $

611,273

$ 54,327,016 $ 47,848,120

$ 1,312,932,710

$ 44,766,104

$ 3,000,000

$ 465,034,410

$ 86,552,723

$ 5,015,014

$

200,000

$

706,000

$ 51,668,572

$ 13,133,753

$ 17,896,433

$ 13,513,205

$ 49,215,118

$ 9,511,801

$ 4,666,689

$ 60,236,718

$ 472,745,262

$ 151,116,918

$ 38,560,297

$ 373,809,126

$ 7,611,714

$ 147,722,380

FRIDAY, MARCH 4, 2005

1287

Medical Benefits 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

$ 6,311,047 $ 7,261,544 $ 129,303,498 $ 2,153,736 $ 465,190,582 $ 2,750,840 $ 2,581,887,380
$ 5,620,100 $ 44,766,104 $ 3,000,000 $ 1,312,932,710

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

Total Funds

$ 68,606,255 $

$ 58,992,558 $

$ 25,068,801 $

$

100,133 $

$

120,000 $

$

480,015 $

$ 48,153,638 $

$ 2,808,630 $

$ 5,374,713 $

$ 31,994,875 $

$

146,462 $

$ 3,000,000 $

$ 2,271,780 $

$ 9,477,555 $

$ 13,101,765 $

$ 6,321,880 $

$ 30,933,014 $

$ 1,515,586 $

$ 9,239,598 $

$ 2,566,602 $

$ 4,880,207 $

$ 5,055,227 $

$ 24,112,094 $

$ 17,452,300 $

$ 20,814,641 $

$

255,988 $

$ 7,788,526 $

$ 4,227,866 $

State Funds
15,548,820 48,884,027 4,146,925
4,744 0 0
19,572,913 1,868,226 3,502,357 22,696,961
146,462 3,000,000
24,040 9,202,555 3,319,923 6,321,880 20,885,283 1,515,586 8,028,721 2,566,602 4,520,967 4,925,227 17,250,377 8,782,878 14,854,496
143,983 7,518,526 4,111,722

1288

JOURNAL OF THE HOUSE

Sexually Transmitted Diseases Treatment and Control $ 6,498,192 $ 4,222,605

Tobacco Use Prevention

$ 11,427,252 $ 11,427,252

Tuberculosis Treatment and Control

$ 8,842,446 $ 7,243,485

Vital Records

$ 2,211,602 $ 1,930,820

Women, Infants and Children-Nutrition (WIC)

$ 84,956,963 $

0

Women's Health Services

$ 29,546,694 $ 9,492,144

Adoption Services and Supplements

$ 49,586,425 $ 27,766,909

Adult Protective Services

$ 14,167,078 $ 7,740,461

Child Care

$ 194,491,698 $ 57,362,030

Child Protective Services

$ 135,067,622 $ 54,354,049

Energy Assistance

$ 9,912,073 $

734,817

Family Violence Services

$ 4,400,161 $ 4,116,097

Food Stamp Program

$ 64,980,272 $ 22,803,761

Independent and Transitional Living Services

$ 4,425,497 $

590,587

Medicaid Eligibility Determination

$ 57,330,683 $ 25,470,603

Out of Home Care

$ 278,028,903 $ 147,298,946

Support for Needy Families

$ 225,110,860 $ 76,594,292

Refugee Resettlement

$ 3,679,539 $

495,971

Children's Trust Fund Commission

$ 7,230,309 $ 7,230,309

Child Fatality Review Panel

$

331,711 $

331,711

Employment Services-MH/DD/AD

$

0$

0

Community Services-Adult

$ 390,797,182 $ 301,071,310

Community Services-Child and Adolescent

$ 85,960,329 $ 69,901,697

Outdoor Therapeutic Program

$ 4,172,448 $ 3,231,756

State Hospital Facilities

$ 140,075,962 $ 116,462,734

State Hospital Facilities-Other Care

$ 170,917,028 $ 74,268,516

State Hospital Facilities-Special Care

$ 10,207,461 $ 4,653,957

Substance Abuse Prevention

$ 11,123,173 $

557,367

TANF Services-MH/DD/AD

$

0$

0

Administration

$ 171,547,108 $ 90,000,427

Total

$ 2,581,887,380 $ 1,360,698,814

Section 19. 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

$ 16,174,248

$ 14,747,191

$

702,947

$

383,030

$

80,176

$

20,000

$

223,000

$

622,028

$

346,334

$

86,042

FRIDAY, MARCH 4, 2005

1289

Contracts Health Care Utilization Review
Total Funds Budgeted
State Funds Budgeted

$

0

$

0

$ 17,210,748

$ 16,174,248

Departmental Program Budgets
Administration Insurance Regulation Industrial Loan Fire Safety Enforcement Special Fraud Total

Total Funds State Funds

$ 2,068,054 $ 2,068,054

$ 5,338,458 $ 5,338,458

$

589,453 $

589,453

$ 5,847,557 $ 4,811,057

$

713,465 $

713,465

$ 2,653,761 $ 2,653,761

$ 17,210,748 $ 16,174,248

Section 20. 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

$ 267,078,815

$ 171,074,373

$ 15,366,557

$ 2,056,460

$

304,110

$

811,441

$ 3,559,344

$ 4,194,319

$ 2,330,722

$ 4,248,627

$ 4,164,309

$ 3,468,763

$

382,600

$

0

$ 74,326,067

$

0

$

0

$

0

$

200,000

$ 1,532,150

$ 288,019,842

$ 267,078,815

Departmental Program Budgets Administration

Total Funds State Funds $ 23,557,002 $ 23,358,783

1290

JOURNAL OF THE HOUSE

Community Supervision Non-Secure Detention Non-Secure Commitment Secure Detention (RYDC's) Secure Commitment (YDC's) Children and Youth Coordinating Council Total

$ 40,278,443 $ 35,931,440

$ 7,928,049 $ 7,928,049

$ 49,825,901 $ 39,823,282

$ 80,784,214 $ 79,280,254

$ 83,129,809 $ 79,978,583

$ 2,516,424 $

778,424

$ 288,019,842 $ 267,078,815

Section 21. 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

$ 12,366,101

$ 85,772,769

$ 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

$ 162,605,991

$ 12,366,101

Departmental Program Budgets
Unemployment Services Workforce Development Safety Inspections Labor Market Information Commission On Women Administration Total

Total Funds State Funds

$ 45,410,438 $ 4,394,052

$ 97,260,954 $ 3,142,436

$ 2,680,417 $ 1,087,533

$ 2,885,453 $

301,437

$

93,172 $

93,172

$ 14,275,557 $ 3,347,471

$ 162,605,991 $ 12,366,101

B. Budget Unit: State Funds - Division of
Rehabilitation
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

$ 25,966,633

$ 92,984,112

$ 14,722,025

$ 2,039,522

$

59,095

FRIDAY, MARCH 4, 2005

1291

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

$ 1,093,190

$ 2,137,122

$ 6,303,584

$ 2,987,642

$ 7,314,026

$ 3,524,303

$

350,000

$ 1,145,188

$ 12,758,949

$ 41,304,191

$ 188,722,949

$

150,000

$ 25,966,633

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

$ 85,509,956 $ 16,304,873

$ 1,642,361 $

335,841

$ 55,440,421 $

0

$ 11,776,668 $

677,293

$ 30,280,865 $ 6,053,594

$ 4,072,678 $ 2,595,032

$ 188,722,949 $ 25,966,633

Section 22. 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

$ 13,310,857

$ 13,413,235

$

705,564

$

181,781

$

0

$

0

$

299,269

$

831,689

$

149,907

$ 19,425,000

$

0

$

100,000

$

0

$ 35,106,445

$ 13,310,857

Section 23. Merit System of Personnel Administration.

1292

JOURNAL OF THE HOUSE

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

$ 8,605,675

$

947,171

$

133,213

$

0

$

697,128

$

196,697

$

503,267

$ 1,627,172

$

173,863

$

691,601

$ 13,575,787

$

0

$ 1,188,890

$ 11,457,403

$

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

$ 3,907,530 $

0

$ 13,575,787 $

0

Section 24. 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 Contracts Capital Outlay Motor Vehicle Tag Purchase Post Repairs Conviction Reports

$ 77,292,312

$ 55,468,703

$ 6,980,949

$

480,435

$

327,223

$

338,032

$ 12,461,537

$ 2,730,422

$ 2,443,575

$

329,835

$ 1,315,346

$

0

$ 2,000,000

$

0

$

329,824

FRIDAY, MARCH 4, 2005

1293

Driver's License Processing Postage Investment for Modernization
Total Funds Budgeted
Department of Transportation Permit Funds Indirect DOAS Funding State Funds Budgeted

$ 2,990,324

$

750,000

$

0

$ 88,946,205

$ 7,196,898

$ 1,960,000

$ 77,292,312

Departmental Program Budgets
Administration License Issuance Motorcycle Safety Tag and Title Registration Salvage Inspection Commercial Vehicle and HOV Enforcement Total

Total Funds State Funds

$ 8,758,624 $ 8,758,624

$ 39,945,164 $ 38,965,164

$

0$

0

$ 25,263,272 $ 24,283,272

$ 1,638,290 $ 1,638,290

$ 13,340,855 $ 3,646,962

$ 88,946,205 $ 77,292,312

Section 25. 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 Wildlife Management Area Land Acquisition Paving at State Parks and Historic Sites Grants: Land and Water Conservation Georgia Heritage 2000 Grants Wildlife Endowment Fund

$ 94,995,313

$ 83,168,887

$ 15,129,631

$

844,126

$

310,000

$ 1,237,365

$ 3,374,242

$ 1,207,381

$ 6,063,842

$

621,000

$ 1,313,190

$

0

$

689,910

$ 1,293,300

$

635,734

$ 3,314,750

$

982,330

$

0

$

800,000

$

129,276

$ 1,780,000

1294

JOURNAL OF THE HOUSE

Contracts: Georgia State Games Commission Payments to Civil War Commission Hazardous Waste Trust Fund Solid Waste Trust 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

$

75,000

$

0

$ 5,095,077

$

0

$ 1,594,360

$

383,468

$

100,000

$

31,000

$

24,000

$

818,963

$

0

$ 131,016,832

$

940,190

$

0

$ 1,331,931

$ 1,434,982

$

200,000

$ 94,995,313

Departmental Program Budgets
Administration Land Conservation Historic Preservation Parks and Historic Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Assistance Georgia Games Commission Civil War Commission Total

Total Funds State Funds

$ 10,561,588 $ 10,561,588

$

410,213 $

410,213

$ 2,463,328 $ 1,973,328

$ 37,334,313 $ 17,742,524

$ 2,316,707 $ 2,145,845

$ 36,272,957 $ 30,768,720

$ 41,225,104 $ 31,064,386

$

357,622 $

253,709

$

75,000 $

75,000

$

0$

0

$ 131,016,832 $ 94,995,313

Section 26. State Board of Pardons and Paroles. State Funds Personal Services

$ 44,258,831 $ 36,174,798

FRIDAY, MARCH 4, 2005

1295

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

$ 1,333,825

$

331,800

$

0

$

291,500

$

591,200

$ 2,764,792

$

969,433

$ 1,035,175

$

620,958

$

617,500

$

20,000

$ 44,750,981

$ 44,258,831

Departmental Program Budgets
Administration Clemency Decision Parole Supervision Total

Total Funds State Funds $ 3,602,656 $ 3,602,656 $ 9,668,395 $ 9,668,395 $ 31,479,930 $ 30,987,780 $ 44,750,981 $ 44,258,831

Section 27. 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

$ 71,415,487

$ 62,668,817

$ 7,940,850

$

81,145

$ 1,484,986

$

308,028

$

654,000

$

107,695

$ 1,673,059

$

154,772

$

174,333

$

309,237

$

0

$

0

$ 75,556,922

$

990,000

$ 71,415,487

1296

JOURNAL OF THE HOUSE

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

$ 9,131,015 $ 8,141,015

$ 55,790,003 $ 55,790,003

$ 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

$ 75,556,922 $ 71,415,487

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

$ 13,776,531

$ 10,338,733

$ 2,549,403

$

103,284

$

20,000

$

62,808

$

288,767

$

343,318

$

295,528

$

229,817

$

620,622

$ 2,525,200

$ 1,200,061

$

0

$ 18,577,541

$ 13,776,531

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

$ 3,654,404 $

487,467

$ 2,093,777 $ 2,093,777

$ 1,226,513 $ 1,105,419

$ 1,132,053 $

979,373

$

470,634 $

470,634

$ 10,000,160 $ 8,639,861

$ 18,577,541 $ 13,776,531

FRIDAY, MARCH 4, 2005

1297

Section 28. 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 29. 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

$ 8,129,104

$ 6,597,257

$

250,711

$

86,876

$

0

$

50,300

$

208,791

$

501,964

$

114,127

$

592,389

$

0

$ 8,402,415

$ 8,129,104

Departmental Program Budgets
Administration Utilities Regulation Program Utility Facilities Protection Georgia No Call Total

Total Funds State Funds

$ 1,124,307 $ 1,124,307

$ 6,423,104 $ 6,423,104

$

855,004 $

581,693

$

0$

0

$ 8,402,415 $ 8,129,104

Section 30. 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

$ 1,483,026,946 $ 6,243,177
$ 1,873,059,737 $ 492,954,043
$ 524,391,280 $ 876,653,501 $ 28,867,806

1298

JOURNAL OF THE HOUSE

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

$

892,484

$

311,863

$

842,059

$ 26,894,260

$ 89,655,481

$ 3,914,522,514

$ 119,162,490

$ 1,369,607,544

$ 933,442,857

$ 3,039,500

$

0

$ 6,243,177

$ 1,483,026,946

Departmental Program Budgets
Teaching Research Public Service Total

Total Funds State Funds $ 3,856,714,042 $ 1,431,461,651 $ 26,894,260 $ 20,651,083 $ 30,914,212 $ 30,914,212 $ 3,914,522,514 $ 1,483,026,946

B. Budget Unit: State Funds - Regents Central Office and Other Organized Activities
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

$ 187,047,346

$

0

$ 123,682,808 $ 79,952,811

$ 49,427,879 $ 44,049,678 $ 2,490,753

$ 21,934,618

$

0

$

0

$ 7,360,074

$

493,379

$

0

$ 2,831,338

$ 17,295,253

FRIDAY, MARCH 4, 2005

1299

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

$ 30,341,533

$

0

$ 31,761,251

$ 411,621,375

$ 7,462,163

$ 140,927,908

$ 75,640,458

$

543,500

$

0

$ 187,047,346

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 Athens and Tifton Veterinary Laboratories Regents Central Office Public Libraries State Data Center Georgia Military College GPTC Total

Total Funds State Funds

$ 2,623,840 $ 1,439,040

$ 7,181,077 $ 1,548,077

$ 1,708,495 $

940,862

$ 137,395,242 $ 7,118,290

$ 21,934,618 $ 8,440,861

$ 72,446,137 $ 40,004,875

$ 54,664,795 $ 31,570,658

$

193,500 $

0

$ 3,132,219 $ 3,132,219

$ 7,170,899 $

470,899

$ 3,625,810 $

0

$ 4,694,697 $

40,727

$ 38,864,509 $ 38,864,509

$ 35,858,946 $ 33,349,738

$

0$

0

$ 2,831,338 $ 2,831,338

$ 17,295,253 $ 17,295,253

$ 411,621,375 $ 187,047,346

C. Budget Unit: State Funds - Georgia Public Telecommunications Commission
Personal Services Operating Expenses General Programming Distance Learning Programming
Total Funds Budgeted
Other Funds

$

0

$ 12,855,534

$ 14,593,732

$ 4,070,278

$

0

$ 31,519,544

$ 31,519,544

1300

JOURNAL OF THE HOUSE

State Funds Budgeted

$

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 31. Department of Revenue. 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 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

$ 503,164,629

$

150,000

$ 55,519,895

$ 8,970,006

$

926,361

$

49,980

$

173,684

$ 11,959,920

$ 6,785,736

$ 1,179,295

$

604,730

$ 1,393,613

$ 3,785,079

$

0

$

0

$ 2,120,536

$ 420,437,228

$ 513,906,063

$ 2,545,000

$

150,000

$ 503,164,629

Departmental Program Budgets
Administration Revenue Processing

Total Funds State Funds $ 6,096,719 $ 6,096,719 $ 29,801,064 $ 27,680,528

FRIDAY, MARCH 4, 2005

1301

Tax Compliance Customer Service Industry Regulation Grants and Distribution State Board of Equalization Total

$ 32,721,754 $ 26,360,991

$ 11,602,456 $ 9,492,321

$ 4,461,802 $ 4,461,802

$ 429,217,268 $ 429,217,268

$

5,000 $

5,000

$ 513,906,063 $ 503,314,629

Section 32. 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

$ 32,691,393

$ 18,246,634

$ 4,864,478

$

357,621

$

0

$

53,035

$ 2,913,063

$ 4,464,296

$

888,163

$

157,314

$ 1,446,804

$

364,335

$

0

$ 33,755,743

$ 32,691,393

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

$ 5,082,275 $ 5,052,275

$ 6,623,366 $ 6,548,366

$

405,553 $

405,553

$ 1,810,154 $ 1,070,804

$ 1,880,144 $ 1,830,144

$ 7,012,966 $ 6,992,966

$ 1,200,010 $ 1,200,010

$

722,293 $

722,293

$ 8,778,901 $ 8,628,901

$

240,081 $

240,081

$ 33,755,743 $ 32,691,393

B. Budget Unit: State Funds - Real Estate Commission
Personal Services Regular Operating Expenses

$ 2,649,409

$ 1,723,866

$

185,000

1302

JOURNAL OF THE HOUSE

Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts

Total Funds Budgeted State Funds Budgeted

$

47,000

$

0

$

12,500

$

165,123

$

183,512

$

82,376

$

250,032

$

0

$ 2,649,409

$ 2,649,409

Section 33. 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

$ 2,977,989

$ 1,861,233

$ 1,089,199

$

42,321

$

0

$

19,944

$

11,205

$

121,425

$

38,300

$

121,660

$ 2,014,644

$

0

$ 5,319,931

$ 2,977,989

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

$ 1,708,334 $ 1,134,929

$ 1,102,116 $ 1,035,116

$ 1,935,710 $

234,173

$

26,626 $

26,626

$

547,145 $

547,145

$ 5,319,931 $ 2,977,989

Section 34. Student Finance Commission. A. Budget Unit: State Funds - Student Finance
Commission Personal Services Regular Operating Expenses

$ 37,605,146

$

522,204

$

14,915

FRIDAY, MARCH 4, 2005

1303

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
Total Funds Budgeted
State Funds Budgeted

$

16,000

$

0

$

8,300

$

6,000

$

40,015

$

8,681

$

0

$

16,454

$ 3,477,477

$ 28,820,424

$

61,339

$

432,479

$

22,427

$

0

$

661,524

$ 1,487,410

$ 2,530,150

$ 38,125,799

$ 37,605,146

Departmental Program Budgets
Georgia Student Finance Authority Georgia Nonpublic Postsecondary Education
Commission Total

Total Funds State Funds $ 37,493,230 $ 36,972,577

$

632,569 $

632,569

$ 38,125,799 $ 37,605,146

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

$ 500,643,778

$ 304,320,460

$ 55,896,225

$ 70,657,003

$ 6,000,000

$ 45,388,740

$

770,477

$

255,850

$ 5,332,698

$ 5,855,278

$

374,590

$

760,000

$ 2,206,484

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Operating Expenses - HOPE Administration Total Funds Budgeted
Lottery Funds Budgeted

Section 35. 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 COLA Local Systems Floor Fund Local Systems
Total Funds Budgeted
State Funds Budgeted
Section 36. 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

$ 2,825,973 $ 500,643,778 $ 500,643,778

$ 2,138,000

$ 14,125,720

$

825,344

$

76,500

$

0

$

25,000

$ 7,300,000

$

723,975

$

220,000

$

523,000

$

0

$ 2,050,000

$

88,000

$ 25,957,539

$ 2,138,000

$ 297,052,064

$ 6,409,335

$

316,985

$

125,510

$

0

$

12,886

$

586,464

$

121,670

$

164,110

$

327,695

$

115,980

$

0

$ 261,100,884

$ 63,743,175

$ 5,521,825

$ 18,814,797

$ 3,364,461

$ 12,073,404

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1305

Total Funds Budgeted State Funds Budgeted

$ 372,799,181 $ 297,052,064

Departmental Program Budgets
Administration Technical Education Adult Literacy Education Economic Development Total

Total Funds State Funds $ 4,965,421 $ 4,965,421 $ 335,938,234 $ 268,334,336 $ 19,822,122 $ 11,678,903 $ 12,073,404 $ 12,073,404 $ 372,799,181 $ 297,052,064

B. Budget Unit: Lottery for Education
Computer Laboratories and Satellite Dishes-Adult Literacy
Capital Outlay 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

$

0

$

0

$

0

Section 37. 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

$ 609,723,269

$ 255,962,257 $ 79,533,636 $ 2,102,944 $ 1,927,751 $ 5,591,955 $ 8,850,593 $ 1,830,782 $ 4,924,471

$ 7,362,438

$ 44,093,797

$ 1,129,313,034

$ 20,534,243

$ 80,106,737

$

0

$ 3,507,783

$

721,355

$ 1,646,363,776

$ 609,723,269

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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 $ 321,078,376 $ $ 45,567,426 $ $ 1,046,000,727 $ $ 147,546,892 $ $ 5,503,825 $ $ 50,807,188 $ $ 1,616,504,434 $

State Funds 177,985,246
16,385,982 274,813,339
83,262,071 1,496,071 39,439,444 593,382,153

General Funds Budget Transit Aviation Air Transportation Rail Ports and Waterways Total

$ 21,598,034 $ 8,737,603

$ 3,947,380 $ 3,947,380

$ 1,913,591 $ 1,255,796

$ 1,444,313 $ 1,444,313

$

956,024 $

956,024

$ 29,859,342 $ 16,341,116

Section 38. 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

$ 21,023,121

$ 5,486,846

$

278,597

$

100,200

$

0

$

100,822

$

5,000

$

223,033

$

86,581

$

20,612

$ 17,617,375

$ 7,541,980

$

0

$

0

$

294,760

$ 31,755,806

$ 21,023,121

Departmental Program Budgets Veterans Benefits

Total Funds State Funds $ 5,468,863 $ 5,066,063

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1307

Milledgeville Nursing Home Augusta Nursing Home Georgia Veterans Memorial Cemetery Administration Total

$ 17,516,828 $ 10,291,693

$ 7,536,580 $ 4,431,830

$

290,738 $

290,738

$

942,797 $

942,797

$ 31,755,806 $ 21,023,121

Section 39. Workers' Compensation Board. State Funds Personal Services 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

$ 14,511,013

$ 9,721,149

$

470,115

$

140,600

$

0

$

44,048

$

394,329

$ 1,236,008

$

170,876

$

183,101

$ 2,514,787

$ 14,875,013

$ 14,511,013

Departmental Program Budgets
Administration Administer the Workers' Comp Law Total

Total Funds State Funds $ 5,919,813 $ 5,555,813 $ 8,955,200 $ 8,955,200 $ 14,875,013 $ 14,511,013

Section 40. 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)
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (New) Motor Fuel Tax Funds (New)

$ 658,842,417 $ 135,000,000 $ 793,842,417
$ 85,669,065 $ 26,100,000 $ 111,769,065

Section 41.

Provisions Relative to Section 3, Judicial Branch.

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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 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 42. Provisions Relative to Section 4, Department of Administrative Services.
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 43. 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

FRIDAY, MARCH 4, 2005

1309

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

Warren County Funding for indirect cost in Warren County

McDuffie County Funding for equalization in McDuffie County

Dekalb County

Board of

Education

To correct FTE student count error

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

Amount $ 50,000 $ 100,000
$ 174,356 $ 5,000 $ 25,000

Section 44. 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%.

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 45. Provisions Relative to Section 13, State Board of Education Department of Education.
The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,380.31. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

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Section 46. Provisions Relative to Section 17, Office of the Governor.
There is hereby appropriated to the Office of the Governor the sum of $400,000 of the moneys collected in accordance with O.C.G.A. Title 10, Chapter 1, Article 28. The sum of money is appropriated for use by the Office of Consumer 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, $9,700,000 is intended for relief in federally declared
disasters.

Section 47. Provisions Relative to Section 18, 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

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.

FRIDAY, MARCH 4, 2005

1311

Provided, that of the above appropriations relative to the treatment of Hemophilia and its 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 48. Provisions Relative to Section 21, 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 49. Provisions Relative to Section 23, 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 50. Provisions Relative to Section 25, 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.
Section 51. Provisions Relative to Section 31, 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.

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Section 52. Provisions Relative to Section 32, 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 53. Provisions Relative to Section 35, 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 54. Provisions Relative to Section 37, 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.
f.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air transportation service income may be retained to

FRIDAY, MARCH 4, 2005

1313

maintain and upgrade the quality of air transportation equipment.
Section 55. 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 56. 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 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

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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 57. 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 58. 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 59. No State appropriations authorized under this Act shall be used to continue
programs currently funded entirely with Federal funds.
Section 60. 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 61. (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

FRIDAY, MARCH 4, 2005

1315

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.
(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 62. 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 63. Provisions Relative to Section 40, State of Georgia General Obligation Debt Sinking Fund.
With regard to the appropriations in Section 40 to the AState of Georgia General Obligation Debt Sinking Fund@ for authorizing new debt, the maximum maturities, user agencies and user authorities, purposes, maximum principal amounts, and particular

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appropriations of highest annual debt service requirements of the new debt are specified as follows:
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.
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.

FRIDAY, MARCH 4, 2005

1317

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 $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

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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, 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,

FRIDAY, MARCH 4, 2005

1319

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 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,

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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 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

FRIDAY, MARCH 4, 2005

1321

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.
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)," $198,040 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 $876,283 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)," $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 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

FRIDAY, MARCH 4, 2005

1323

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, 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,

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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 $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 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

FRIDAY, MARCH 4, 2005

1325

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)," $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)," $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.

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From the appropriation designated "State General Funds (New)," $26,100,000 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 $300,000,000 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)," $92,220 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,060,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $69,165 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $795,000 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)," $235,770 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,710,000 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)," $141,810 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than

FRIDAY, MARCH 4, 2005

1327

$1,630,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
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. TOTAL STATE FUND APPROPRIATIONS

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State Fiscal Year 2005

$ 16,567,537,539

Section 66. This Act shall become effective upon its approval by the Governor or upon its
becoming law without his approval.

Section 67. 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 Harbin of the 118th moved that the House adopt the report of the Committee of Conference on HB 84.

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

N Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges N Brooks Y Brown N Bruce N Bryant Y Buckner, D
Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers

Y Crawford Y Cummings Y Davis
Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner N Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster N Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin

N Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley N Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen E Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord

Y Maxwell Y May E McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal N Orrock
Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston N Randall Y Ray

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens N Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson

FRIDAY, MARCH 4, 2005

1329

Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B E Coleman, T Y Cooper Y Cox

Y Hatfield Y Heard, J E Heard, K Y Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A

Loudermilk Y Lucas Y Lunsford Y Maddox N Mangham Y Manning E Marin Y Martin

Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R
Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 145, nays 19.

The motion prevailed.

Representatives Buckner of the 76th, Loudermilk of the 14th, Marin of the 96th, and Wix of the 33rd 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 Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:

HR 409. By Representatives Bordeaux of the 162nd, Stephens of the 164th, Jackson of the 161st, Day of the 163rd, Bryant of the 160th and others:

A RESOLUTION recognizing and honoring the St. Patricks Day Parade Committee, Chairman Dave Roberts, the 2005 St. Patricks Day Parades Grand Marshal Daniel Sheehan, and inviting them 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 85. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th and Keen of the 179th:

A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2005, and ending June 30, 2006; and for other purposes.

The following Committee substitute was read:

A BILL

To make and provide appropriations for the State Fiscal Year beginning July 1, 2005, and ending June 30, 2006; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions,

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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, 2005, and ending June 30, 2006, 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 $16,414,959,309 (excluding

indigent trust fund receipts, tobacco fund receipts, lottery receipts, payments from

Georgia Technology Authority and payments from Georgia Ports Authority) for State

Fiscal Year 2006.

PART I.

LEGISLATIVE BRANCH

Section 1. General Assembly.

State Funds

$ 35,277,007

Personal Services - Staff

$ 19,579,205

Personal Services - Elected Officials

$ 5,606,472

Regular Operating Expenses

$ 2,571,082

Travel - Staff

$

88,000

Travel - Elected Officials

$

1,500

Capital Outlay

$

0

Per Diem Differential

$

0

Equipment

$

709,000

Computer Charges

$

9,950

Real Estate Rentals

$

7,000

Telecommunications

$

535,852

Per Diem and Fees - Staff

$

153,276

Contracts - Staff

$

94,000

Per Diem and Fees - Elected Officials

$ 3,522,170

Contracts - Elected Officials

$

657,500

Photography

$

90,000

Expense Reimbursement Account

$ 1,652,000

Total Funds Budgeted

$ 35,277,007

State Funds Budgeted

$ 35,277,007

Senate Program Budgets
Senate and Research Office Lt. Governor's Office

Total Funds State Funds

$ 6,276,962 $ 6,276,962

$

939,658 $

939,658

FRIDAY, MARCH 4, 2005

1331

Secretary of the Senate's Office Senate Budget Office Total
House Program Budgets
House of Representatives
Joint Program Budgets
Legislative Counsel's Office Legislative Fiscal Office Ancillary Activities Budgetary Responsibility Oversight Committee Total

$ 1,210,411 $ 1,210,411

$

598,171 $

598,171

$ 9,025,202 $ 9,025,202

Total Funds State Funds $ 17,142,962 $ 17,142,962

Total Funds State Funds

$ 3,003,838 $ 3,003,838

$ 2,203,461 $ 2,203,461

$ 3,431,360 $ 3,431,360

$

470,184 $

470,184

$ 9,108,843 $ 9,108,843

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 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 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

1332

JOURNAL OF THE HOUSE

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 Contracts Computer Charges Telecommunications
Total Funds Budgeted
State Funds Budgeted

$ 30,287,089

$ 26,244,373

$

824,490

$

425,000

$

0

$

20,000

$ 1,107,226

$

175,000

$

0

$ 1,169,000

$

322,000

$ 30,287,089

$ 30,287,089

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 Total Funds Budgeted
State Funds Budgeted

$ 188,752,897

$ 16,960,404

$ 122,886,579

$ 5,465,257

$ 2,273,718

$

144,925

$

800,000

$ 43,279,060 $ 191,809,943 $ 188,752,897

Judicial Branch Functional Budgets

FRIDAY, MARCH 4, 2005

1333

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 Office Of Dispute Resolution Council of Superior Court Clerks Total

Total Funds State Funds

$ 7,658,720 $ 7,658,720

$ 12,575,228 $ 12,485,228

$ 52,642,521 $ 52,642,521

$ 55,980,799 $ 54,213,753

$ 6,289,927 $ 6,289,927

$ 1,126,382 $ 1,126,382

$ 11,492,519 $ 11,492,519

$

257,803 $

257,803

$ 43,279,060 $ 42,079,060

$

362,059 $

362,059

$

144,925 $

144,925

$ 191,809,943 $ 188,752,897

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

$ 30,596,953

$ 20,376,285

$ 15,008,765

$

274,128

$

488,177

$

182,864

$ 117,729,730

$ 4,746,778

$ 1,090,565

$

312,458

$ 3,339,346

$ 11,665,735

$

0

$

0

$ 2,331,288

$ 2,993,833

$

0

$

60,473

$

50,000

$

58,685

$

0

$

750,000

$

85,354

$ 181,544,464

$ 30,596,953

1334

JOURNAL OF THE HOUSE

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 Bulk Paper Sales Fiscal Services Administrative Hearings State Properties Commission Office of Treasury and Fiscal Services Total

Total Funds State Funds

$ 5,642,962 $ 3,612,954

$ 137,263,943 $

0

$ 18,791,672 $ 18,643,841

$ 2,409,075 $

0

$

371,491 $

371,491

$ 1,885,035 $

0

$ 1,281,259 $

0

$

160,593 $

9,593

$

140,330 $

0

$

0$

0

$ 2,353,715 $

0

$ 3,643,028 $ 3,335,800

$ 4,313,915 $ 3,712,607

$

557,883 $

557,883

$ 2,729,563 $

352,784

$ 181,544,464 $ 30,596,953

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

$ 36,818,587

$ 32,429,729

$ 3,850,488

$ 1,043,708

$

0

$

291,598

$

830,325

$ 1,172,438

$

369,435

$

33,500

$ 1,341,998

$

566,619

$ 3,271,132

$ 3,034,986

$

142,000

$

10,000

$

425,000

$

653,000

$

0

FRIDAY, MARCH 4, 2005

1335

Contract - Federation of Southern Cooperatives Boll Weevil Eradication Program
Total Funds Budgeted
State Funds Budgeted

$

37,050

$

0

$ 49,503,006

$ 36,818,587

Departmental Program Budgets
Consumer Protection Marketing and Promotion Administration Total

Total Funds State Funds $ 34,268,385 $ 26,306,603 $ 8,664,477 $ 5,091,296 $ 6,570,144 $ 5,420,688 $ 49,503,006 $ 36,818,587

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

$ 10,957,317

$ 9,539,600

$

269,025

$

308,557

$

0

$

2,347

$

196,188

$

529,457

$

100,144

$

11,999

$

0

$ 10,957,317

$ 10,957,317

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 $ 6,498,804 $ 6,498,804 $ 1,721,297 $ 1,721,297

$

491,463 $

491,463

$

512,644 $

512,644

$ 1,733,109 $ 1,733,109

$ 10,957,317 $ 10,957,317

Section 7. Department of Community Affairs. State Funds Tobacco Funds Personal Services Regular Operating Expenses

$ 31,706,313 $ 47,123,333 $ 23,496,782 $ 1,887,062

1336

JOURNAL OF THE HOUSE

Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications 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- Georgia Cities Foundation GHFA- Life Sciences Facilities 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

$

669,162

$

0

$

166,022

$

635,450

$ 1,461,176

$

521,742

$

983,828

$

889,025

$ 1,779,593

$ 3,559,816

$

163,000

$ 30,000,000

$ 5,000,000

$ 3,287,493

$

0

$ 3,002,892

$ 2,667,600

$

0

$

0

$ 50,000,000

$

800,000

$

0

$

200,000

$

275,000

$

726,395

$ 4,372,664

$ 47,123,333

$ 183,668,035

$ 47,123,333

$ 31,706,313

Departmental Program Budgets
Administration Homeownership Programs Rental Housing Programs Special Housing Initiatives Building Construction Coordinated Planning

Total Funds State Funds

$ 4,335,263 $ 1,836,490

$ 4,014,155 $

0

$ 62,831,215 $ 3,287,829

$ 4,175,351 $ 3,002,892

$

447,912 $

276,190

$ 3,709,945 $ 3,709,945

FRIDAY, MARCH 4, 2005

1337

Federal Community and Economic Development Programs
State Economic Development Programs State Community Development Programs Georgia Music Hall of Fame Environmental Education and Assistance Regional Services Data and Research Pass - Thru Georgia Environmental Facilities Authority Georgia Sports Hall of Fame Georgia Regional Transportation Authority One Georgia Total

$ 38,411,261 $

$ 3,515,899 $

$ 1,175,907 $

$ 1,185,296 $

$

963,323 $

$ 1,550,770 $

$

619,597 $

$ 3,972,718 $

$

275,000 $

$

726,395 $

$ 4,372,664 $

$ 47,385,364 $

$ 183,668,035 $

1,425,907 3,504,012 1,175,907
756,674 963,323 1,550,770 619,597 4,222,718 275,000 726,395 4,372,664 47,123,333 78,829,646

Section 8. Department of Community Health. 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 HMO Contracts 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

$ 2,191,302,554

$ 58,087,386

$ 34,165,228

$ 7,498,027

$

340,472

$

0

$

79,120

$ 106,799,207

$ 1,813,748

$

872,730

$ 1,329,932

$ 130,674,517

$ 533,800,000

$ 6,795,501,379

$ 1,097,500

$

0

$

183,244

$

544,826

$ 1,500,000,000

$

30,261

$

350,000

$

740,000

$ 3,757,864

$ 1,941,782

$

0

$ 3,428,706

$ 17,960,862

1338

JOURNAL OF THE HOUSE

Morehouse School of Medicine Grant SREB Payments Pediatric Residency Capitation Preventive Medicine Capitation Payments to Nursing Homes
Total Funds Budgeted
Tobacco Funds Budgeted State Funds Budgeted

$ 10,141,628

$

0

$

714,169

$

105,780

$ 248,196,640

$ 9,402,067,622

$ 58,087,386

$ 2,191,302,554

Departmental Program Budgets
Medicaid State Health Benefit Plan Health Care Regulation and Licensing Health Care Access and Improvement Composite Board of Medical Examiners Administration State Medical Education Board Georgia Board for Physician Workforce Indigent Care Trust Fund PeachCare for Kids Total

Total Funds State Funds

$ 6,406,444,276 $ 2,020,314,326

$ 2,051,095,727 $

0

$ 1,834,464 $ 1,517,768

$ 4,565,780 $ 4,268,783

$ 2,035,705 $ 2,035,705

$ 21,305,148 $ 9,175,973

$ 1,352,788 $ 1,352,788

$ 38,584,032 $ 38,584,032

$ 616,464,144 $ 100,229,284

$ 258,385,558 $ 71,911,281

$ 9,402,067,622 $ 2,249,389,940

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

$ 928,927,419

$ 555,144,361

$ 59,253,091

$ 1,526,344

$

412,720

$ 2,552,324

$ 8,666,843

$ 7,934,089

$ 7,518,835

$

80,637

$ 78,397,980

$

0

$ 27,015,647

$ 1,300,000

$ 37,726,400

$ 12,154,999

$

0

FRIDAY, MARCH 4, 2005

1339

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

$

500,000

$ 4,268,025

$ 1,627,150

$

577,160

$ 1,450,000

$ 144,589,014

$

449,944

$

500,000

$ 953,645,563

$

0

$ 928,927,419

Departmental Program Budgets
Administration State Prisons 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

Total Funds State Funds $ 60,364,310 $ 58,528,310 $ 432,642,131 $ 423,474,343 $ 66,369,419 $ 66,369,419 $ 159,725,013 $ 151,260,804 $ 13,584,508 $ 13,352,783 $ 56,172,697 $ 56,172,697 $ 72,518,200 $ 72,518,200 $ 22,061,532 $ 22,061,532 $ 40,693,393 $ 39,150,724 $ 3,960,948 $ 3,901,300 $ 17,017,842 $ 13,829,150 $ 3,281,079 $ 3,253,290 $ 5,254,491 $ 5,054,867 $ 953,645,563 $ 928,927,419

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

$ 8,348,623

$ 17,752,714

$ 24,502,287

$

90,875

$

0

$

52,800

$

208,974

$

43,211

$ 1,022,747

$ 1,341,895

$

244,000

1340

JOURNAL OF THE HOUSE

Capital Outlay Capital Leases

Total Funds Budgeted State Funds Budgeted

$

0

$

9,930

$ 45,269,433

$ 8,348,623

Departmental Program Budgets
Readiness Civil Support Facilities Administration Total

Total Funds State Funds

$

464,344 $

464,344

$ 8,126,951 $ 3,298,138

$ 34,092,422 $ 2,240,695

$ 2,585,716 $ 2,345,446

$ 45,269,433 $ 8,348,623

Section 11. Department of Early Care and Learning.
State Funds 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

$ 4,012,989

$ 282,856,695

$ 2,285,735

$ 4,938,878

$ 4,211,588

$

29,783

$

43,283

$

0

$

0

$

0

$

5,000

$

265,000

$

126,359

$

1,883

$

0

$

0

$ 88,195,529

$

891,055

$ 383,850,788

$ 290,081,308

$ 4,012,989

Departmental Program Budgets
Child Care Services Nutrition Pre-Kindergarten Program

Total Funds State Funds

$ 4,682,896 $ 4,012,989

$ 88,000,835 $

0

$ 290,296,911 $

0

FRIDAY, MARCH 4, 2005

1341

Quality Initiative Total

$

870,146 $

0

$ 383,850,788 $ 4,012,989

Section 12. Department of Economic Development.
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 Waterway Development in Georgia Georgia World Congress Center
Total Funds Budgeted
Tobacco Funds Budgeted State Funds Budgeted

$ 27,658,851

$

0

$ 13,263,800

$ 1,338,943

$

579,356

$

0

$

20,697

$

423,972

$

835,415

$

430,671

$

27,544

$ 1,026,119

$

214,263

$ 9,518,315

$

0

$

0

$ 27,679,095

$

0

$ 27,658,851

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 4,427,630 $ 4,779,278 $ 2,322,224 $ 6,192,229 $
2,895,827 $ 838,226 $ 806,905 $
1,557,446 $ 967,532 $
1,786,089 $ 906,779 $ 198,930 $
27,679,095 $

State Funds 4,427,630 4,779,278 2,322,224 6,192,229
2,875,583 838,226 806,905
1,557,446 967,532
1,786,089 906,779 198,930
27,658,851

1342

JOURNAL OF THE HOUSE

Section 13. State Board of Education State Funds Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees Contracts Computer Charges Telecommunications Utilities Capital Outlay QBE Formula Grants: Kindergarten/Grades 1 - 3 Grades 4 - 8 Grades 9 - 12 Limited English Speaking Program Alternative Programs Vocational Education Laboratories Special Education Gifted Remedial Education Additional Instruction Staff and Professional Development Media Indirect Cost Pupil Transportation Local Fair 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

$ 6,427,951,584

$

0

$ 36,371,660

$ 8,310,679

$ 1,405,866

$

0

$

181,051

$ 1,193,504

$ 3,842,768

$ 22,966,406

$ 13,222,842

$

722,812

$

17,696

$

0

$ 1,822,498,135

$ 1,638,403,544

$ 833,998,093

$ 81,448,767

$ 76,185,454

$ 221,458,179

$ 868,048,877

$ 213,303,782

$ 21,714,663

$ 50,507,152

$ 32,843,092

$ 159,321,118

$ 961,448,731

$ 158,353,875

$(1,333,177,652)

$

0

$

0

$ 371,657,510

$ 6,352,443

$

826,722

$

100,000

$ 3,811,974

$ 7,976,433

$ 35,835,973

FRIDAY, MARCH 4, 2005
Payment of Federal Funds to Board of Technical and Adult Education
Vocational Research and Curriculum Even Start Family Literacy Instructional Services for the Handicapped Retirement (H.B. 272 and H.B. 1321) Tuition for the Multi-Handicapped PSAT School Lunch (Federal) School Lunch (State) Joint Evening Programs Education of Homeless Children/Youth Pay for Performance Pre-School Handicapped Program Academic Coach Environmental Science Grants Advanced Placement Exams Serve America Program Charter Schools Refugee School Impact State and Local Education Improvement Health Insurance - Non-Cert. Personnel and Retired
Teachers Migrant Education (State) Regional Education Service Agencies State Schools Severely Emotionally Disturbed Georgia Learning Resources System Special Education at State Institutions Byrd Honor Scholarships 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

1343

$ 18,888,697

$

0

$ 6,391,803

$ 259,777,567

$ 5,508,750

$ 1,658,859

$

719,129

$ 188,375,722

$ 36,017,592

$

0

$ 1,851,164

$

0

$ 23,962,102

$ 1,899,132

$

0

$ 2,783,000

$

752,037

$ 7,363,656

$

639,390

$

0

$ 242,526,070

$

259,509

$ 11,448,822

$ 20,549,712

$ 72,113,870

$ 5,117,573

$ 3,556,873

$ 1,212,000

$

0

$ 11,038,035

$ 18,143,648

$ 5,361,125

$

0

$ 30,000,000

$ 26,652,770

$ 14,207,700

$ 3,535,009

$ 11,636,228

$ 1,320,623

$

0

$

0

1344

JOURNAL OF THE HOUSE

Postsecondary Options Comprehensive School Reform Georgia Virtual School Title I-A Improving Basic Programs - LEA's Title I-B Reading First Title I-C Migrant Education Title I-D Neglected and Delinquent Title II Math/Science Grant Title II-A Improving Teacher Quality Title II-D Enhancing Education Thru Technology Title III-A English Language Title IV-A1 Drug Free Schools Title IV-B 21st Century Communication Title V Innovative Programs Title VI-A State Assessment Programs 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

$

0

$ 17,222,647

$ 1,385,000

$ 311,537,540

$ 50,116,464

$ 8,548,626

$ 2,000,255

$ 4,212,377

$ 72,520,695

$ 19,170,536

$ 10,629,204

$ 9,386,637

$ 27,235,252

$ 7,410,479

$ 9,704,191

$ 6,946,366

$ (332,835,102)

$

0

$ 7,581,611,483

$

0

$

0

$ 6,427,951,584

Departmental Program Budgets
Agriculture Education Alternative Education Central Office Core K-12 Curriculum Nutrition IT Services Limited English Proficiency Pass-Thru Funding RESAs School Improvement School Leadership Special Education Staff Development State Schools Student Excellence Technology Career Education Testing

Total Funds State Funds

$ 8,415,246 $ 7,514,469

$ 3,320,878 $ 1,320,623

$ 17,937,886 $ 16,103,672

$ 6,116,741,291 $ 5,715,748,897

$ 91,896,344 $ 32,192,289

$ 258,540,828 $ 36,217,707

$ 25,585,304 $ 16,549,684

$ 11,200,380 $

0

$ 266,923,517 $ 248,034,820

$ 11,448,822 $ 11,448,822

$ 49,345,063 $ 13,704,368

$ 5,361,125 $ 5,361,125

$ 373,968,713 $ 94,822,393

$ 85,732,114 $ 13,211,419

$ 20,549,712 $ 19,581,727

$ 2,628,743 $ 1,416,743

$ 43,965,488 $ 16,767,973

$ 28,053,412 $ 17,958,236

FRIDAY, MARCH 4, 2005

1345

Transportation and Facilities Total

$ 159,996,617 $ 159,996,617 $ 7,581,611,483 $ 6,427,951,584

Section 14. 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 Georgia Military Pension Fund
Total Funds Budgeted
State Funds Budgeted

$

890,651

$ 5,199,638

$

621,699

$

29,000

$

0

$

12,450

$ 6,128,749

$

561,196

$

142,000

$ 1,090,999

$ 3,300,000

$

890,651

$ 17,976,382

$

890,651

Section 15. 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

$ 31,706,246

$ 28,271,527

$ 5,478,629

$

115,311

$

662,772

$ 1,690,311

$

357,000

$

11,518

$

728,175

$

9,500

$

558,260

$

88,500

$

0

$

0

$ 37,971,503

$ 31,706,246

Departmental Program Budgets
Reforestation Forest Protection Forest Management

Total Funds State Funds $ 1,965,023 $ (75,968) $ 28,217,862 $ 25,341,251 $ 3,768,638 $ 2,589,138

1346

JOURNAL OF THE HOUSE

Administration Total

$ 4,019,980 $ 3,851,825 $ 37,971,503 $ 31,706,246

Section 16. 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

$ 61,806,223

$ 47,803,016

$ 6,017,027

$

380,550

$

233,921

$

198,636

$ 3,193,104

$

518,412

$ 1,112,368

$ 1,413,859

$ 2,360,359

$

288,667

$

0

$ 4,000,000

$ 27,783,371

$ 95,303,290

$ 61,806,223

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 Criminal Justice Coordinating Council Administration Total

Total Funds State Funds

$ 12,460,701 $ 12,460,701

$ 7,040,106 $ 7,040,106

$ 8,722,470 $ 8,722,470

$ 19,789,518 $ 19,789,518

$

673,951 $

673,951

$ 1,092,276 $ 1,092,276

$

775,258 $

775,258

$ 1,173,347 $ 1,173,347

$ 33,815,696 $

318,629

$ 9,759,967 $ 9,759,967

$ 95,303,290 $ 61,806,223

Section 17. Office of the Governor. State Funds Tobacco Funds Personal Services Regular Operating Expenses Travel

$ 40,003,491

$ 10,482,554

$ 22,153,693

$ 1,418,717

$

338,975

FRIDAY, MARCH 4, 2005

1347

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 Payments to the Georgia Cancer Coalition
Total Funds Budgeted
State Funds Budgeted

$

0

$

52,311

$

567,480

$ 1,332,290

$

457,579

$ 1,006,181

$ 5,580,496

$ 4,649,362

$

40,000

$ 3,469,576

$

358,595

$ 3,374,509

$

274,194

$

154,499

$

0

$

0

$ 1,085,000

$

0

$

57,000

$

0

$

111,930

$ 10,482,554

$ 56,964,941

$ 40,003,491

Departmental Program Budgets
Governor's Office Georgia Commission on Equal Opportunity Office of Planning and Budget
Administration 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 Office of Student Achievement Office of the Inspector General Office of Homeland Security

Total Funds State Funds

$ 8,517,533 $ 8,517,533

$ 1,081,708 $

694,491

$ 1,472,771 $

$ 2,331,824 $

$

889,416 $

$ 1,827,332 $

$ 16,207,272 $

$ 4,564,123 $

$ 3,898,547 $

$

714,988 $

$ 6,184,131 $

$ 6,418,103 $

$ 1,400,261 $

$

790,303 $

$

666,629 $

1,472,771 2,331,824
889,416 1,827,332 5,724,718 3,900,030 3,280,858
714,988 6,072,201 1,986,136 1,134,261
790,303 666,629

1348

JOURNAL OF THE HOUSE

Total

$ 56,964,941 $ 40,003,491

Section 18. 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 Rental Telecommunications Per Diem and Fees Contracts Utilities Postage Mental Health Operating Expenses Service Benefits for Children Purchase of Services Contracts Payments to DCH - Medicaid Benefits Grants to County DFCS - Operations Special Purpose Contracts Grant-In-Aid to Counties Medical Benefits 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
Brain and Spinal Trust Fund State Funds Budgeted

$ 1,346,664,230

$ 35,033,479

$ 3,000,000

$ 466,653,401

$ 89,236,251

$ 4,939,083

$

514,000

$

694,368

$ 47,476,377

$ 13,087,367

$ 14,364,725

$ 13,511,705

$ 50,040,026

$ 9,493,841

$ 4,376,706

$ 58,433,935

$ 477,455,072

$ 153,759,726

$ 40,508,306

$ 388,709,844

$ 7,536,714

$ 137,281,902

$ 6,138,072

$ 7,261,544

$ 129,303,498

$ 2,153,736

$ 502,028,472

$ 2,750,840

$ 2,627,709,511

$

0

$ 35,033,479

$ 3,000,000

$ 1,346,664,230

Departmental Program Budgets
Child Protective Services Child Support Establishment, Collection, &
Enforcement

Total Funds State Funds $ 154,240,719 $ 59,840,404
$ 67,484,160 $ 15,294,638

FRIDAY, MARCH 4, 2005

1349

Community Care Services Program

$

Support for Needy Families

$

Immunization

$

Regulatory Compliance

$

Adult Protective Services

$

Community Services - Adult

$

Out of Home Care

$

Food Stamp Program

$

Home and Community Based Svcs Program

$

Community Services - Child and Adolescent

$

Child Care

$

Medicaid Eligibility Determination

$

State Hospital Facilities

$

Post Adoption Svcs

$

Adoption Services and Supplements

$

Pre-Adoption Svcs

$

Independent and Transitional Living Services

$

Epidemiology

$

Laboratory Services

$

Tuberculosis Treatment and Control

$

Emergency Preparedness/Bioterrorism

$

Vital Records

$

Energy Assistance

$

Refugee Resettlement

$

Contracted Client Transportation Services

$

Women, Infants & Children - Nutrition (WIC)

$

High Risk Pregnant Women and Infants

$

Women's Health Services

$

Outdoor Therapeutic Program

$

Children with Special Needs

$

Infant and Child Health Services

$

Substance Abuse Prevention

$

Family Violence Services

$

HIV/AIDS

$

Sexually Transmitted Diseases Treatment and Control $

State Hospital Facilities - Other Care

$

Health Promotion and Disease Prevention (Wellness) $

Chronic Disease Reduction - Health Promotion

$

Injury Prevention

$

State Hospital Facilities - Specialty Care

$

Tobacco Use Prevention

$

Adolescent Health and Youth Development

$

Elder Abuse and Fraud Prevention

$

60,341,865 $ 225,343,410 $
17,582,443 $ 31,393,528 $ 14,517,726 $ 421,503,102 $ 285,511,958 $ 65,197,751 $ 51,426,936 $ 92,472,867 $ 194,563,255 $ 51,535,692 $ 136,279,791 $ 2,811,645 $ 49,603,199 $ 5,376,483 $ 4,431,495 $ 4,979,516 $ 10,757,913 $ 8,949,322 $ 2,566,602 $ 2,279,231 $ 9,914,922 $ 3,682,858 $ 25,077,229 $ 84,979,790 $ 5,085,311 $ 28,047,264 $ 4,207,852 $ 31,145,217 $ 20,926,334 $ 11,190,773 $ 4,651,079 $ 24,664,509 $ 6,616,770 $ 168,254,789 $
480,015 $ 1,666,528 $
287,455 $ 10,318,683 $ 2,176,756 $ 12,665,690 $
100,133 $

50,447,488 76,794,868 8,895,130 22,200,154
8,084,872 316,897,813 152,796,743 22,991,333
22,845,705 74,717,690 57,423,745 22,647,426 112,321,510
1,870,192 27,781,377 3,503,511
595,759 4,606,624 9,941,809 7,335,669 2,566,602 1,990,715
737,273 498,834 4,155,353
0 4,955,311 8,786,259 3,262,293 21,063,954 14,952,407
616,814 4,366,888 17,784,563 4,318,430 71,603,108
0 1,666,528
164,507 4,750,016 2,176,756 2,857,140
4,744

1350

JOURNAL OF THE HOUSE

Refugee Health Program Fatherhood Initiative Chronic Disease Treatment and Control Cancer Screening & Prevention Departmental Administration Brain and Spinal Trust Fund Authority Children's Trust Fund Commission Council on Aging Family Connection Partnership Governor's Council on Developmental Disabilities Child Fatality Review Panel Total

$ 4,083,678 $ 3,964,881

$

120,000 $

0

$ 8,808,799 $ 7,597,922

$ 5,932,709 $ 5,932,709

$ 169,384,796 $ 94,523,794

$ 3,000,510 $ 3,000,416

$ 6,930,224 $ 6,930,224

$

147,109 $

147,109

$ 9,402,740 $ 9,127,740

$ 2,276,737 $

28,316

$

331,643 $

331,643

$ 2,627,709,511 $ 1,384,697,709

Section 19. 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

$ 16,784,987

$ 15,330,183

$

702,947

$

383,030

$

80,176

$

35,000

$

304,246

$

610,509

$

289,354

$

66,042

$

20,000

$

0

$ 17,821,487

$ 16,784,987

Departmental Program Budgets
Administration Insurance Regulation Industrial Loan Fire Safety Enforcement Special Fraud Total

Total Funds State Funds

$ 2,463,793 $ 2,463,793

$ 5,299,598 $ 5,299,598

$

634,810 $

634,810

$ 5,914,503 $ 4,878,003

$

713,465 $

713,465

$ 2,795,318 $ 2,795,318

$ 17,821,487 $ 16,784,987

Section 20. Department of Juvenile Justice. State Funds Personal Services

$ 283,423,790 $ 184,368,387

FRIDAY, MARCH 4, 2005

1351

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

$ 15,254,046

$ 2,030,889

$

348,077

$

808,353

$ 4,240,222

$ 4,114,905

$ 2,423,024

$ 4,951,630

$ 4,727,456

$ 3,486,810

$

382,600

$

0

$ 75,496,268

$

0

$

0

$

0

$

200,000

$ 1,532,150

$ 304,364,817

$ 283,423,790

Departmental Program Budgets
Administration Community Supervision Non-Secure Detention Non-Secure Commitment Secure Detention (RYDC's) Secure Commitment (YDC's) Children and Youth Coordinating Council Total

Total Funds State Funds $ 25,329,106 $ 25,130,887 $ 41,050,899 $ 36,703,896 $ 7,954,669 $ 7,954,669 $ 48,596,263 $ 38,593,644 $ 89,629,283 $ 88,125,323 $ 88,745,239 $ 85,594,013 $ 3,059,358 $ 1,321,358 $ 304,364,817 $ 283,423,790

Section 21. Department of Labor. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications

$ 40,985,006

$ 181,249,187

$ 22,306,167

$ 3,504,275

$

93,953

$ 1,658,028

$ 4,889,207

$ 9,047,194

$ 5,092,769

1352

JOURNAL OF THE HOUSE

Per Diem and Fees Contracts Payments to State Treasury WIA Contracts Major Maintenance and Construction Special Purpose Contracts Purchase of Service Contracts Case Services
Total Funds Budgeted
State Funds Budgeted

$ 10,071,668

$ 5,001,441

$ 1,287,478

$ 54,500,000

$

350,000

$ 1,145,188

$ 12,758,949

$ 41,304,191

$ 354,259,695

$ 40,985,006

Departmental Program Budgets
Unemployment Insurance Workforce Development Safety Inspections Labor Market Information Vocational Rehabilitation Business Enterprises Program Disability Adjudication GA Industries for the Blind Roosevelt Warm Springs Administration Commission on Women Total

Total Funds State Funds

$ 46,555,653 $ 5,539,267

$ 98,025,403 $ 3,906,885

$ 2,832,554 $ 1,239,670

$ 2,921,144 $

337,128

$ 85,755,868 $ 16,404,010

$ 1,642,361 $

335,841

$ 55,440,421 $

0

$ 11,776,668 $

677,293

$ 30,260,224 $ 6,032,953

$ 18,956,227 $ 6,418,787

$

93,172 $

93,172

$ 354,259,695 $ 40,985,006

Section 22. 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

$ 13,916,864

$ 14,029,700

$

805,564

$

181,781

$

0

$

15,000

$

388,425

$

798,320

$

143,662

$ 19,350,000

$

0

$

0

$

0

$ 35,712,452

$ 13,916,864

FRIDAY, MARCH 4, 2005

1353

Section 23. 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

$ 8,563,747

$

897,171

$

133,213

$

0

$

697,128

$

168,209

$

453,267

$ 1,477,172

$

173,863

$

841,601

$ 13,405,371

$

0

$ 1,188,890

$ 11,286,987

$

929,494

$

0

Departmental Program Budgets
Workforce Development Total Compensation and Rewards Recruitment and Staffing Services Administration. Total

Total Funds State Funds

$ 3,141,173 $

0

$ 4,955,876 $

0

$ 1,291,351 $

0

$ 4,016,971 $

0

$ 13,405,371 $

0

Section 24. 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 Contracts Capital Outlay Motor Vehicle Tag Purchase

$ 78,309,202

$ 57,684,997

$ 7,780,949

$

280,435

$

327,223

$

338,032

$ 8,636,458

$ 3,230,422

$ 2,861,931

$

329,835

$ 1,315,346

$

0

$ 2,000,000

1354

JOURNAL OF THE HOUSE

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

$

0

$

329,824

$ 2,990,324

$

750,000

$

0

$ 88,855,776

$ 8,049,579

$

0

$ 78,309,202

Departmental Program Budgets
Administration License Issuance Motorcycle Safety Tag and Title Registration Salvage Inspection Commercial Vehicle and HOV Enforcement Total

Total Funds State Funds

$ 8,577,718 $ 8,577,718

$ 40,973,597 $ 40,773,597

$

0$

0

$ 24,183,760 $ 23,531,079

$ 1,513,467 $ 1,513,467

$ 13,607,234 $ 3,913,341

$ 88,855,776 $ 78,309,202

Section 25. 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 Wildlife Management Area Land Acquisition Paving at State Parks and Historic Sites Grants: Land and Water Conservation

$ 98,260,903

$ 86,148,819

$ 15,121,279

$

832,214

$

60,000

$ 1,330,915

$ 3,206,573

$

527,605

$ 4,707,821

$ 1,188,898

$ 1,288,496

$

0

$

689,910

$ 1,293,300

$

635,734

$ 3,309,750

$

982,330

$

0

$

800,000

FRIDAY, MARCH 4, 2005

1355

Georgia Heritage 2000 Grants Recreation Contracts: Georgia State Games Commission Payments to Civil War Commission Hazardous Waste Trust Fund Solid Waste Trust 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

$

129,276

$

0

$

0

$

50,000

$ 7,600,000

$ 1,500,000

$ 1,599,230

$

371,964

$

100,000

$

31,000

$

24,000

$

818,980

$

0

$ 134,348,094

$

940,190

$

0

$ 1,331,931

$ 1,434,982

$

0

$ 98,260,903

Departmental Program Budgets
Administration Land Conservation Historic Preservation Parks and Historic Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Assistance Georgia Games Commission Civil War Commission Total

Total Funds State Funds

$ 11,082,538 $ 11,082,538

$

415,605 $

415,605

$ 2,394,709 $ 1,904,709

$ 37,617,996 $ 17,860,535

$ 2,493,982 $ 2,323,120

$ 34,718,149 $ 29,313,912

$ 45,468,506 $ 35,307,788

$

106,609 $

2,696

$

0$

0

$

50,000 $

50,000

$ 134,348,094 $ 98,260,903

Section 26. State Board of Pardons and Paroles.

1356

JOURNAL OF THE HOUSE

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

$ 47,112,063

$ 37,787,986

$ 1,533,825

$

331,800

$

0

$

260,253

$ 1,048,458

$ 2,728,514

$ 1,069,744

$ 1,627,325

$

186,658

$

617,500

$

20,000

$ 47,212,063

$ 47,112,063

Departmental Program Budgets
Administration Clemency Decision Parole Supervision Total

Total Funds State Funds $ 4,423,579 $ 4,323,579 $ 9,861,537 $ 9,861,537 $ 32,926,947 $ 32,926,947 $ 47,212,063 $ 47,112,063

Section 27. 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

$ 77,249,028

$ 66,895,046

$ 7,940,850

$

81,145

$ 1,484,986

$

308,028

$

920,525

$

107,695

$ 1,823,846

$

254,772

$

274,333

$

309,237

$

0

$

0

$ 80,400,463

$

0

FRIDAY, MARCH 4, 2005

1357

State Funds Budgeted

$ 77,249,028

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

$ 9,842,291 $ 9,842,291

$ 59,543,451 $ 59,543,451

$ 2,305,348 $ 2,305,348

$ 2,148,326 $ 2,148,326

$ 2,261,789 $ 2,261,789

$

0$

0

$ 1,049,420 $ 1,049,420

$ 3,249,838 $

98,403

$

0$

0

$ 80,400,463 $ 77,249,028

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

$ 13,909,711

$ 10,707,186

$ 2,587,325

$

104,526

$

37,594

$

59,026

$

253,767

$

328,716

$

321,189

$

177,625

$

384,135

$ 2,525,200

$ 1,224,432

$

0

$ 18,710,721

$ 13,909,711

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 Funds State Funds

$ 3,651,785 $

484,848

$ 1,903,420 $ 1,903,420

$ 1,239,533 $ 1,118,439

$ 1,144,290 $

991,610

$

550,684 $

550,684

$ 10,221,009 $ 8,860,710

1358

JOURNAL OF THE HOUSE

Total

$ 18,710,721 $ 13,909,711

Section 28. 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 29. 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

$ 8,154,577

$ 6,728,147

$

350,711

$

86,876

$

0

$

15,300

$

216,445

$

550,329

$

112,186

$

367,894

$

0

$ 8,427,888

$ 8,154,577

Departmental Program Budgets
Administration Utilities Regulation Program Utility Facilities Protection Georgia No Call Total

Total Funds State Funds

$ 1,484,906 $ 1,484,906

$ 6,018,595 $ 6,018,595

$

924,387 $

651,076

$

0$

0

$ 8,427,888 $ 8,154,577

Section 30. 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

$ 1,605,258,707 $ 5,750,000
$ 1,991,604,371 $ 492,954,043
$ 528,391,987

FRIDAY, MARCH 4, 2005

1359

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

$ 876,653,501

$ 33,948,898

$

860,499

$

304,035

$ 1,000,794

$ 20,887,489

$ 89,655,481

$ 4,036,261,098

$ 119,162,490

$ 1,369,607,544

$ 933,442,857

$ 3,039,500

$

0

$ 5,750,000

$ 1,605,258,707

Departmental Program Budgets
Teaching Research Public Service Total

Total Funds State Funds $ 3,979,259,383 $ 1,554,006,992 $ 20,887,489 $ 20,137,489 $ 36,114,226 $ 31,114,226 $ 4,036,261,098 $ 1,605,258,707

B. Budget Unit: State Funds - Regents Central Office and Other Organized Activities
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

$ 187,241,215

$

0

$ 121,822,618 $ 79,952,811

$ 48,787,213 $ 44,049,678 $ 2,522,807

$ 22,346,381

$

0

$

0

$ 7,685,074

$

767,598

$

0

$ 2,405,092

1360

JOURNAL OF THE HOUSE

Direct Payments to the Georgia Public Telecommunications Commission for Operations
Public Libraries Salaries and Operations Forestry Research Forestry Coop Extension 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

$ 16,954,058

$ 30,562,107

$ 2,010,741

$

632,486

$

0

$ 31,316,580

$ 411,815,244

$ 7,462,163

$ 140,927,908

$ 76,183,958

$

0

$

0

$ 187,241,215

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 Athens and Tifton Veterinary Laboratories Regents Central Office Public Libraries Forestry Coop Extension Forestry Research CATEA State Data Center Georgia Military College GPTC Total

Total Funds State Funds

$ 2,601,750 $ 1,416,950

$ 7,144,536 $ 1,511,536

$ 1,690,798 $

923,165

$ 129,642,453 $ 6,724,495

$ 22,346,381 $ 8,852,624

$ 70,827,228 $ 38,385,966

$ 54,387,185 $ 31,293,048

$ 31,510,080 $ 31,316,580

$ 3,148,784 $ 3,148,784

$ 7,178,173 $

478,173

$ 3,625,810 $

0

$ 4,695,512 $

41,542

$ 7,264,505 $ 7,264,505

$ 36,064,598 $ 33,555,390

$

632,486 $

0

$ 2,010,741 $

632,486

$ 7,685,074 $ 2,010,741

$

0$

326,080

$ 2,405,092 $ 2,405,092

$ 16,954,058 $ 16,954,058

$ 411,815,244 $ 187,241,215

FRIDAY, MARCH 4, 2005
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
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
Section 31. Department of Revenue. 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 County Tax Officials/Retirement and FICA Grants to Counties/Appraisal Staff Postage Investment for Modernization Homeowner Tax Relief Grants
Total Funds Budgeted

1361

$

0

$ 12,840,944

$ 14,267,127

$ 4,070,278

$

0

$ 31,178,349

$ 31,178,349

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$ 514,537,653

$

150,000

$ 57,876,415

$ 6,550,859

$ 1,067,141

$

49,980

$

173,684

$ 8,751,907

$ 6,584,765

$ 1,484,877

$

604,730

$ 1,393,613

$ 3,785,079

$

0

$

0

$

0

$ 432,290,501

$ 520,613,551

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Indirect DOAS Services Funding Tobacco Funds
State Funds Budgeted

$

0

$

150,000

$ 514,537,653

Departmental Program Budgets
Administration Revenue Processing Tax Compliance Customer Service Industry Regulation Grants and Distribution State Board of Equalization Total

Total Funds State Funds

$ 4,642,600 $ 4,642,600

$ 27,280,797 $ 29,825,797

$ 31,550,355 $ 25,189,592

$ 11,602,455 $ 9,492,320

$ 4,461,803 $ 4,461,803

$ 441,070,541 $ 441,070,541

$

5,000 $

5,000

$ 520,613,551 $ 514,687,653

Section 32. Secretary of State. State Funds 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

$ 33,397,863

$ 20,770,288

$ 3,735,264

$

404,621

$

0

$

65,535

$ 2,499,192

$ 4,193,866

$

966,346

$

445,196

$ 1,446,804

$

364,335

$

0

$ 34,891,447

$ 33,397,863

Departmental Program Budgets
Administration Archives and Records Capitol Education Center Corporations Securities Elections and Campaign Disclosures Drugs and Narcotics State Ethics Commission

Total Funds State Funds

$ 4,882,662 $ 4,852,662

$ 6,314,081 $ 5,809,847

$

149,672 $

149,672

$ 2,026,059 $ 1,286,709

$ 1,982,369 $ 1,932,369

$ 5,637,434 $ 5,617,434

$ 1,286,719 $ 1,286,719

$

717,267 $

717,267

FRIDAY, MARCH 4, 2005

1363

Professional Licensing Boards Holocaust Commission Real Estate Commission Total

$ 8,761,960 $ 8,611,960

$

245,500 $

245,500

$ 2,887,724 $ 2,887,724

$ 34,891,447 $ 33,397,863

Section 33. 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

$ 2,952,922

$ 1,842,674

$ 1,085,303

$

42,321

$

0

$

19,944

$

11,205

$

123,699

$

40,414

$

121,660

$ 2,007,644

$

0

$ 5,294,864

$ 2,952,922

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

$ 1,659,677 $ 1,086,272

$ 1,100,374 $ 1,033,374

$ 1,923,187 $

221,650

$

19,223 $

19,223

$

592,403 $

592,403

$ 5,294,864 $ 2,952,922

Section 34. 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

$ 37,988,999

$

536,286

$

17,915

$

20,000

$

0

$

8,300

$

6,000

$

31,900

$

6,046

1364

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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
Total Funds Budgeted
State Funds Budgeted

$

0

$

17,569

$ 3,849,883

$ 29,031,802

$

50,911

$

432,479

$

0

$

0

$

683,951

$ 1,487,410

$ 2,329,200

$ 38,509,652

$ 37,988,999

Departmental Program Budgets
Georgia Student Finance Authority Georgia Nonpublic Postsecondary Education
Commission Total

Total Funds State Funds $ 37,865,636 $ 37,344,983

$

644,016 $

644,016

$ 38,509,652 $ 37,988,999

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

$ 521,548,450

$ 321,973,384

$ 56,052,227

$ 73,610,399

$ 6,000,000

$ 45,751,850

$

770,477

$

255,850

$ 5,332,698

$ 5,855,278

$

74,590

$

760,000

$ 2,564,924

$ 2,546,773

$ 560,058,102

$ 521,548,450

Section 35. Teachers' Retirement System. State Funds

$ 1,980,000

FRIDAY, MARCH 4, 2005

1365

Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts COLA Local Systems Floor Fund Local Systems
Total Funds Budgeted
State Funds Budgeted

$ 14,118,890

$

825,344

$

76,500

$

0

$

25,000

$ 2,817,725

$

723,975

$

227,950

$

523,000

$

0

$ 1,900,000

$

80,000

$ 21,318,384

$ 1,980,000

Section 36. 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

$ 312,446,389

$ 6,114,930

$

296,986

$

125,510

$

0

$

4,886

$

586,464

$

111,170

$

152,609

$

404,146

$

201,195

$

0

$ 277,787,041

$ 68,315,383

$

0

$ 18,922,487

$ 3,292,440

$ 11,878,259

$ 388,193,506

$ 312,446,389

Departmental Program Budgets Administration

Total Funds State Funds $ 4,661,903 $ 4,661,903

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Technical Education Adult Literacy Education Economic Development Total

$ 351,684,898 $ 284,081,000 $ 19,968,446 $ 11,825,227 $ 11,878,259 $ 11,878,259 $ 388,193,506 $ 312,446,389

B. Budget Unit: Lottery for Education
Computer Laboratories and Satellite Dishes-Adult Literacy
Capital Outlay 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

$

0

$

0

$

0

Section 37. 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

$ 616,883,985

$ 262,898,767

$ 76,409,306

$ 2,070,985

$ 1,927,751

$ 5,484,025

$ 8,850,593

$ 1,830,782

$ 4,530,547

$ 7,346,388

$ 43,108,505

$ 1,270,572,073

$ 16,902,993

$ 54,000,460

$

0

$ 4,507,783

$

476,000

$ 1,760,916,958

$ 616,883,985

Departmental Program Budgets Motor Fuel Tax Budget Maintain State Highway System Operate State Highway System Construct and Improve State Highway System

Total Funds $ 335,754,789 $ $ 46,424,679 $ $ 1,124,385,010 $

State Funds 177,960,168
17,179,148 267,604,013

FRIDAY, MARCH 4, 2005

1367

Local Road Assistance Data Collection Administration Total

$ 169,948,090 $ $ 5,581,135 $ $ 52,801,044 $ $ 1,734,894,747 $

98,790,093 1,567,530 41,279,048 604,380,000

General Funds Budget Transit Aviation Air Transportation Rail Ports and Waterways Total

$ 17,988,887 $ 5,128,456

$ 4,958,385 $ 4,958,385

$ 1,903,599 $ 1,245,804

$

453,134 $

453,134

$

718,206 $

718,206

$ 26,022,211 $ 12,503,985

Section 38. 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

$ 21,318,037

$ 5,926,841

$

233,597

$

100,200

$

0

$

93,822

$

30,724

$

223,033

$

79,664

$

19,994

$ 17,606,107

$ 7,541,980

$

0

$

0

$

194,760

$ 32,050,722

$ 21,318,037

Departmental Program Budgets
Veterans Benefits Milledgeville Nursing Home Augusta Nursing Home Georgia Veterans Memorial Cemetery Administration Total

Total Funds State Funds

$ 5,675,347 $ 5,272,547

$ 17,617,375 $ 10,392,240

$ 7,541,980 $ 4,437,230

$

293,655 $

293,655

$

922,365 $

922,365

$ 32,050,722 $ 21,318,037

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Section 39. Workers' Compensation Board. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Contracts Per Diem and Fees Payments to State Treasury
Total Funds Budgeted
State Funds Budgeted

$ 15,675,607

$ 10,159,086

$

470,115

$

140,600

$

0

$

44,048

$

474,596

$ 1,276,008

$

176,580

$

366,686

$

183,101

$ 2,624,787

$ 15,915,607

$ 15,675,607

Departmental Program Budgets
Administration Administer the Workers' Comp Law Total

Total Funds State Funds $ 6,719,085 $ 6,479,085 $ 9,196,522 $ 9,196,522 $ 15,915,607 $ 15,675,607

Section 40. 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)

$ 703,786,399 $ 155,000,000 $ 858,786,399

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (New) Motor Fuel Tax Funds (New)

$ 69,130,808 $ 30,620,000 $ 99,750,808

Section 41. 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,

FRIDAY, MARCH 4, 2005

1369

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 42. Provisions Relative to Section 4, Department of Administrative Services.
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 43. 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.

1370

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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

Description

Amount

Funding for the Civil War Naval Museum in the City of Columbus

$ 87,500

To provide funding for emergency generator for the water system in

Crawford County

$ 25,000

To join city and county systems at HWY 341 waterline for economic

development business park in Pike County

$ 300,000

For sewage treatment system upgrade in the City of Lula

$ 125,000

To renovate city storm drain for the City of Gainesville

$ 100,000

To provide park and renovation funding in the City of St. Simons

$ 180,000

To provide funding for services for master development plan in Fannin

County

$ 50,000

To provide funding to the City of Chickamauga for expansion to the public

library

$ 100,000

To provide funding to the City of Harlem for Phase II of the sewer and waste

pond repair

$ 138,000

To provide funding for site work development in Columbia County

Industrial Park

$ 140,566

To provide funding to Columbia County library for technology

improvements

$ 300,000

To provide funding to Autrey Mill for historical restoration in Fulton County $ 250,000

To provide funding for services to the Official Transportation Museum in

Duluth

$ 350,000

To provide funding for services for the Gwinnett County Neighborhood

Leadership Institute

$ 35,000

To provide funding for engineering study plan for the Old Coweta County

Courthouse

$ 35,000

To provide funds for a match to Hall County for the Phase II Economic

Development project

$ 100,000

To provide funding for services in White County for the Appalachian

Community Enterprises non-profit small business incubator

$ 50,000

To provide funding for partial roof replacement for Historic Oconee County

Arts Foundation

$ 15,000

To provide funding for services in Warner Robins for the Museum of

Aviation

$ 35,000

To provide funding for park renovations at Lake Tobosofkee in Bibb County $ 50,000

FRIDAY, MARCH 4, 2005

1371

To provide funding to Hancock County for warehouse expansion at Saint

Gobain

$ 150,000

To provide funding to Dodge County for the Heart of Georgia Airport

Authority

$ 7,500

To provide funding for services for the City of Newnan for Economic

Development

$ 20,000

To provide funding to the City of Savannah for Battlefield Park youth

facility construction

$ 30,000

To provide funding for improvements to the Loganville High School facility

in Gwinnett County

$ 50,000

To provide funds to purchase van for the Greenbriar Children's Center, Inc.

in the City of Savannah

$ 15,000

To provide funding for services to Forest Hills Elementary Community

Coalition in DeKalb County

$ 15,000

To provide funding for services at the Lucy Laney High School in Richmond

County

$ 51,250

To provide funding for restoration of the Old School Auditorium for Lanier

County

$ 50,000

To provide funding for services to the City of Atlanta for Intergenerational

Resource Center

$ 25,000

To provide funds for a match to the City of Byromville for Vienna

Elementary after school program

$ 2,000

To expand senior center facility in Northeast Cobb County

$ 272,000

To provide funding to refurbish Live Oak Child Emergency Shelter in

Carrollton County

$ 50,000

To provide funds to Hall County for Health Access indigent care initiative $ 50,000

To provide funding to the City of Tennille for renovations to the Police

Department

$ 35,000

To provide funding for equipment to Jefferson County Sheriff Department $ 15,000

To provide funding for firehouse expansion in the City of Avery

$ 20,000

To provide funding to the City of Damascus for firehouse renovations

$ 25,000

To provide funding for services for Our House in Polk County

$ 25,000

To provide funding for the Boys and Girls club in Polk County

$ 25,000

To provide funding for services to Warner Robins for the Senior Citizen

Center

$ 15,000

To provide funding to Houston County for assisting Drug Action Council $ 15,000

To provide funding to Emanuel County Volunteer Fire Department for

equipment

$ 11,000

To provide funding to Candler County Volunteer Fire Department for

equipment

$ 10,000

To provide funding to Johnson County Volunteer Fire Department for

equipment

$ 10,000

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To provide funding to Upson County for construction and start-up costs for

Harbor House

$ 100,000

Section 44. 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 2006 shall not exceed 13.91%.

It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SFY 2006 shall not exceed 13.91%.

Section 45. Provisions Relative to Section 13, State Board of Education Department of Education.
The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,418.96. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

Section 46. Provisions Relative to Section 17, Office of the Governor.
There is hereby appropriated to the Office of the Governor the sum of $400,000 of the moneys collected in accordance with O.C.G.A. Title 10, Chapter 1, Article 28. The sum of money is appropriated for use by the Office of Consumer 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, $9,700,000 is intended for relief in federally declared
disasters.

Section 47. Provisions Relative to Section 18, 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:

FRIDAY, MARCH 4, 2005

1373

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 its 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 48. Provisions Relative to Section 21, 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.

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Provided further, that no funds shall be expended until approved by the Office of Planning and Budget.
Section 49. Provisions Relative to Section 23, 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 50. Provisions Relative to Section 25, 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.
Section 51. Provisions Relative to Section 31, 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, 2005.
Section 52. Provisions Relative to Section 32, 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 53. Provisions Relative to Section 35, 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. 2006.
Section 54. Provisions Relative to Section 37, 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

FRIDAY, MARCH 4, 2005

1375

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.
Section 55. In addition to all other appropriations for the State fiscal year ending June 30,
2006, 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.

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Section 56. 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 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 57. 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 58. 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 59. No State appropriations authorized under this Act shall be used to continue
programs currently funded entirely with Federal funds.

FRIDAY, MARCH 4, 2005

1377

Section 60. 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 61. (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 2005 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

1378

JOURNAL OF THE HOUSE

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 62. 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 63. Provisions Relative to Section 39, State of Georgia General Obligation Debt Sinking Fund.

Principal

Amount

A.) Maturities not to exceed two hundred forty

months.

Department of Education

1.) To authorize $132,620,000 in 20-year bonds for

local school construction as follows:

$ 132,620,000 $

a.) $57,335,000 for regular funding

b.) $68,675,000 for exceptional growth funding

c.) $7,470,000 for regular advance funding

d.) $8,670,000 for low wealth funding

2.) To authorize $6,200,000 in 20-year bonds for State

Schools capital improvements

$ 6,200,000 $

3.) To authorize $215,000 in 20-year bonds for roof

replacement and major rehabilitations to Sheffer Hall

at the Georgia FFA-FCCLA Center

$

215,000 $

Board of Regents, University System of Georgia

1.) To authorize $70,235,000 in 20-year bonds for the

following projects:

$ 70,235,000 $

a.) $10,125,000 to predesign, design and construct

the Parks Nursing/Health Science renovation at

Georgia College & State University

Debt Service
11,537,940
539,400 18,705
6,110,445

FRIDAY, MARCH 4, 2005

1379

b.) $26,960,000 to predesign, design and construct

the Health, Wellness, and Lifelong Learning Center at

the State University of West Georgia

c.) $20,490,000 to predesign, design and construct

the Library/Technology Center at North Georgia

College and State University

d.) $12,660,000 to predesign, design and construct

the new Academic Building at Savannah State

University

2.) To authorize $5,610,000 in 20-year bonds for the

following Public Libraries:

$

a.) $1,035,000 to construct the Henry County

McDonough Library

b.) $810,000 to construct the Auburn Public Library

c.) $1,765,000 to construct the Tifton-Tift County

Public Library

d.) $2,000,000 to construct the Gilmer County

Library

3.) To authorize $50,630,000 in 20-year bonds for

major renovations and rehabilitation

$

4.) To redirect $13,925,000 in deferred FY 2005 and

Amended FY 2003 bonds for major renovations and

rehabilitation ($5,000,000 from South Georgia

College, Rehab of Historic Davis Hall & Science

Building Replacement; $277,000 from Gordon

College, Success and Retention Center; $5,000,000

from State University of West Georgia, Infrastructure

for Campus Expansion; $748,000 from Savannah

State University, Renovate Hill Hall; $2,500,000 from

Southern Polytechnic University, Minor Capital

Outlay projects; $400,000 from Georgia Southwestern

State University, Renovate Wheatly Hall)

$

5.) To authorize $5,000,000 in 20-year bonds to

complete the state portion of the design phase,

including demolition and site preparation, for the

Advanced Clean Room facility for Georgia Institute of

Technology

$

6.) To authorize $5,700,000 in 20-year bonds for the

renovation of Sutton Dining Hall at the Rock Eagle 4-

H Camp

$

7.) To authorize $5,000,000 in 20-year bonds for

Phase IV of renovation to the Fine Arts facility at

Georgia Southern

$

5,610,000 $
50,630,000 $
Yes 5,000,000 $ 5,700,000 $ 5,000,000 $

488,070
4,404,810
Yes 435,000 495,900 435,000

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JOURNAL OF THE HOUSE

8.) To authorize $2,290,000 in 20-year bonds for

library/classrooms expansion to Building A at

Waycross College

$

9.) To authorize $4,900,000 in 20-year bonds for the

minors renovation of the Historic Civil Engineering

Building at Georgia Tech

$

10.) To authorize $4,900,000 in 20-year bonds for

renovation of Social Science, Library, and Wilson

Buildings at Kennesaw State University

$

11.) To authorize $4,000,000 in 20-year bonds for

upgrade of Energy Plant Distribution System at

Medical College of Georgia

$

12.) To authorize $5,000,000 in 20-year bonds for

Student Center addition at Gainesville College

$

13.) To authorize $2,500,000 in 5-year bonds for

Assistive Technology

$

Department of Technical and Adult Education

1.) To redirect $27,735,000 in deferred bonds for the

following projects:

$

a.) $2,330,000 for statewide HVAC and roof

rehabilitations ($155,000 North Metro Technical

College, Allied Health Building Predesign; $207,000

from Appalachian Technical College, Cherokee

County Campus Predesign; $1,968,000 from Coosa

Valley Technical College, Classroom Building,

Gordon County Campus)

b.) $23,965,000 to design and construct a new

classroom building at DeKalb Technical College

($155,000 from Lanier Technical College, Classroom

Building Predesign, Forsyth County; $235,000 from

Columbus Technical College, Allied Health &

Technical Building Predesign; $72,000 from Albany

Technical College, Building K Predesign; $155,000

from Lanier Technical College, Allied Health

Building Predesign; $344,000 from South Georgia

Technical College, Cordele Campus Expansion;

$13,722,000 from Heart of Georgia Technical

College, Classroom Building; $7,592,000 from Coosa

Valley Technical College, Classroom Building,

Gordon County Campus; $1,000,000 from Middle

Georgia Technical College, Work Force Center;

$690,000 from DeKalb Technical College, Design

Classroom Building)

2,290,000 $ 4,900,000 $ 4,900,000 $ 4,000,000 $ 5,000,000 $ 2,500,000 $
Yes

199,230 426,300 426,300 348,000 435,000 263,883
Yes

FRIDAY, MARCH 4, 2005

1381

c.) $1,440,000 to renovate the General Classroom

building at the Glennville campus of the Southeastern

Technical College ($1,440,000 from Coosa Valley

Technical College, Classroom Building, Gordon

County Campus)

2.) To authorize $635,000 in 20-year bonds to replace

the sanitary sewage system at North Georgia

Technical College

$

3.) To authorize $2,760,000 in 20-year bonds from

renovations to Appalachian campus

$

4.) To authorize $6,400,000 in 20-year bonds for

DTAE to purchase land and building for West Georgia

Technical Institute

$

5.) To authorize $344,000 in 20-year bonds for design

for Crisp County Campus Expansion

$

6.) To authorize $190,000 in 20-year bonds for design

of West Central Technical College Douglas Campus $

Agricultural Exposition Authority

1.) To authorize $3,045,000 in 20-year bonds to

design, construct and equip the Beef & Dairy Arena

expansion, and purchase livestock and horse stall

panels

$

Department of Agriculture

1.) To authorize $2,000,000 in 20-year bonds for

renovations to State Farmers' Markets

$

Department of Economic Development

1.) To authorize $11,000,000 in 20-year bonds for the

Columbus Trade Center

$

State Forestry Commission

1.) To authorize $1,000,000 in 20-year bonds for

statewide major renovations and improvements

$

Agrirama Development Authority

1.) To authorize $400,000 in 20-year bonds for the

following projects:

$

a.) $300,000 for general improvements

b.) $100,000 for a new electrical service grid

Georgia Environmental Facilities Authority

1.) To authorize $60,000,000 in 20-year bonds for the

following projects:

$

a.) $52,000,000 to provide low interest loans for

local water and sewer construction projects

b.) $4,500,000 to match funds for the clean water

construction loan program

635,000 $ 2,760,000 $ 6,400,000 $
344,000 $ 190,000 $
3,045,000 $ 2,000,000 $ 11,000,000 $ 1,000,000 $
400,000 $
60,000,000 $

55,245 240,120 556,800 29,928 16,530
264,915 174,000 957,000
87,000 34,800
5,220,000

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JOURNAL OF THE HOUSE

c.) $3,500,000 to match funds for the drinking water

construction loan program

2.) To authorize $3,500,000 in 20-year bonds for the

remediation, replacement, and closure of underground

and above ground state-owned fuel storage tanks

$

Georgia Ports Authority

1.) To authorize $26,500,000 in 20-year bonds for

Container Berth 8 and support equipment

$

2.) To authorize $7,000,000 in 20-year bonds for

rubber tire gantry cranes

$

3.) To authorize $14,625,000 in 20-year bonds to

procure four new ship-to-shore cranes

$

4.) To authorize $5,320,000 in 20-year bonds for the

deepening of the Brunswick Harbor

$

Department of Transportation

1.) To authorize $83,800,000 in 20-year bonds for the

Governor's Fast Forward Transportation Program for

transit related projects

$

2.) To authorize $6,470,000 in 20-year bonds for

improvements to ports and waterways in Savannah

($5,000,000 for bank stabilization in Area 14B, and

$1,470,000 for raising dikes in Area 12B)

$

3.) To authorize $300,000,000 in 20-year bonds for

the Governor's Fast Forward Transportation Program

(Debt Service from Motor Fuel funds)

$

Department of Human Resources

1.) To authorize $2,395,000 in 20-year bonds to

replace roofs at Gracewood State School and Hospital $

Department of Veterans Service

1.) To authorize $290,000 in 20-year bonds for the

following projects at the Georgia War Veterans Home

in Milledgeville:

$

a.) $80,000 for fire sprinkler upgrades to the Russell

Building

b.) $120,000 for fire sprinkler upgrades in the Vinson

Building

c.) $90,000 to renovate level 2 of the Wheeler

Building

Department of Corrections

1.) To authorize $8,555,000 in 20-year bonds for the

following projects:

$

a.) $4,550,000 for statewide minor construction

projects

3,500,000 $ 26,500,000 $ 7,000,000 $ 14,625,000 $ 5,320,000 $ 83,800,000 $ 6,470,000 $ 300,000,000 $ 2,395,000 $
290,000 $
8,555,000 $

304,500 2,305,500
609,000 1,272,375
462,840 7,290,600
562,890 26,100,000
208,365 25,230
744,285

FRIDAY, MARCH 4, 2005

1383

b.) $3,745,000 for statewide locking control panel

renovations

c.) $260,000 for statewide major roof rehabilitations

2.) To redirect $2,000,000 in deferred FY 2004 bonds

for statewide major roof rehabilitations ($1,500,000

from the Putnam County Correctional Institute;

$500,000 to plan, purchase or lease a Facility in

Stewart County)

$

Department of Defense

1.) To authorize $1,805,000 in 20-year bonds for

renovations and improvements at various locations $

Georgia Building Authority

1.) To redirect $18,000,000 (2000D bond series) from

the State Data Center and $1,350,000 (2004D bond

series) from the Judicial Building for renovations to

the Health Building

$

2.) To authorize $1,500,000 in 20-year bonds for

contingency replacement of State Capitol renovation $

Georgia State Financing and Investment

Commission

1.) To authorize $2,200,000 in 20-year bonds for

GSFIC to improve accessability for facilities (ADA) $

Total Twenty Year Projects (New)

$

B.) Maturities not to exceed sixty months

Department of Education

1.) Authorize $9,815,000 in 5-year bonds to purchase

vocational and agricultural equipment for new schools $

Board of Regents, University System of Georgia

1.) To authorize $3,895,000 in 5-year bonds to

purchase equipment for the following projects:

$

a.) $1,575,000 for the Social Science Building at

Kennesaw State University

b.) $800,000 for the Student Center at Georgia

Perimeter College

c). $1,520,000 for the Performing and Visual Arts

Center at UGA

2.) To authorize $900,000 in 5-year bonds for the

Traditional Industries Program research equipment $

3.) To authorize $20,250,000 in 5-year bonds for the

Georgia Research Alliance research and development

infrastructure

$

Yes 1,805,000 $
Yes 1,500,000 $ 2,200,000 $ 856,534,000 $ 9,815,000 $ 3,895,000 $
900,000 $ 20,250,000 $

Yes 157,035
Yes 130,500 191,400 74,564,841 2,218,190 880,270
203,400 4,576,500

1384

JOURNAL OF THE HOUSE

Department of Technical and Adult Education

1.) To authorize $10,000,000 in 5-year bonds to

replace obsolete equipment statewide

$

2.) To authorize $7,500,000 in 5-year bonds for

statewide minor rehabilitations and renovations

$

3.) To authorize $2,670,000 in 5-year bonds for

statewide HVAC and roof rehabilitations

$

Department of Natural Resources

1.) To authorize $500,000 in 5-year bonds for North

Georgia lodge rehabilitation

$

State Forestry Commission

1.) To authorize $2,900,000 in 5-year bonds for

various capital equipment

$

Department of Labor

1.) To authorize $1,040,000 in 5-year bonds to replace

roofs on vocational rehabilitation facilities

$

2.) To authorize $1,480,000 in 5-year bonds for a

sprinkler and fire alarm systems improvement plan for

vocational rehabilitation facilities

$

Georgia Ports Authority

1.) To authorize $2,215,000 in 5-year bonds for a

Savannah Harbor Deepening feasibility study

$

2.) To authorize $2,500,000 in 5-year bonds for

Container Berths 4, 5 and 6 overlay upgrade

$

Department of Transportation

1.) To authorize $20,000,000 in 5-year bonds for the

State Aid Maintenance Assistance program (Debt

Service from Motor Fuel funds)

$

Department of Juvenile Justice

1.) To authorize $4,155,000 in 5-year bonds for

facility rehabilitation projects at various Juvenile

Justice facilities

$

2.) To authorize $2,840,000 in 5-year bonds for minor

construction and renovations at various Juvenile

Justice facilities

$

Department of Veterans Service

1.) To authorize $465,000 in 5-year bonds for the

following projects at the Georgia War Veterans Home

in Milledgeville:

$

a.) $140,000 for HVAC upgrade to the Russell

Building

b.) $70,000 for bathroom renovations in the Russell

Building

10,000,000 $ 7,500,000 $ 2,670,000
500,000 $ 2,900,000 $ 1,040,000 $ 1,480,000 $ 2,215,000 $ 2,500,000 $
20,000,000 $
4,155,000 $ 2,840,000 $
465,000 $

2,260,000 1,695,000
603,420 113,000 655,400 235,040 334,480 500,590 565,000
4,520,000
939,030 641,840
105,090

FRIDAY, MARCH 4, 2005

1385

c.) $115,000 to upgrade bathrooms in the Vinson

Building

d.) $40,000 to upgrade the heat exchanger in the

Vinson Building

e.) $100,000 for mechanical upgrades to the Vinson

Building

Department of Corrections

1.) To authorize $1,045,000 in 5-year bonds for

central rehabilitation and renovations

$

Department of Public Safety

1.) To authorize $6,000,000 in 5-year bonds to replace

279 vehicles

$

2.) To authorize $890,000 in 5-year bonds for

dormitory renovations at the Georgia Public Safety

Training Center

$

Georgia Bureau of Investigation

1.) To authorize $340,000 in 5-year bonds to resurface

the headquarters' parking lot

$

Department of Administrative Services

1.) To authorize $2,000,000 in 5-year bonds to

purchase vehicles for fleet management

$

Georgia Building Authority

1.) To authorize $3,325,000 in 5-year bonds for the

following projects:

$

a.) $300,000 for a facade rehabilitation and

reinforcement study for #2 Peachtree

b.) $1,460,000 for completion of the fire sprinkler

system in the Legislative Office Building

c.) $1,450,000 for rehabilitations and upgrades to the

Governor's Mansion

d.) $115,000 to predesign a new Transportation

Building

Department of Revenue

1.) To authorize $3,000,000 in 5-year bonds to procure

an integrated tax system

$

Total Five Year Projects (New)

$

1,045,000 $ 6,000,000 $
890,000 340,000 $ 2,000,000 $ 3,325,000 $
3,000,000 $ 109,725,000 $

236,170 1,356,000
201,140 76,840
452,000 751,450
678,000 24,797,850

Section 64. Salary Adjustments. The General Assembly has distributed and included in the agency appropriations listed
above State funds for the following purposes: 1.) To provide a general salary adjustment of 2% 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 January 1, 2006. The proposed salary adjustment for

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JOURNAL OF THE HOUSE

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, 45-7-4, 45-7-20 and 45-7-21. The amount of the appropriation for this purpose is calculated according to an effective date of January 1, 2006. 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, 2006. 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 September 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, 2005. 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 winter semester, 2006, for Regents faculty and calculated to commence January 1, 2006, 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, 2006. 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, 2006, 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, 2006.

Section 65. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 2006

$ 17,415,249,819

Section 66. This Act shall become effective upon its approval by the Governor or upon its
becoming law without his approval.

Section 67. All laws and parts of laws in conflict with this Act are repealed.

The Speaker resolved the House into a Committee of the Whole for the purpose of considering the Committee substitute to HB 85 designating Representative Keen of the 179th as Chairman thereof.

FRIDAY, MARCH 4, 2005

1387

The Speaker called the House to order.

The Committee of the Whole arose and through its Chairman reported HB 85 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.

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 Abdul-Salaam Y Amerson N Anderson Y Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges N Brooks Y Brown N Bruce N Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B E Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster N Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J E Heard, K
Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A

N Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley N Jackson N Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen E Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox N Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May E McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal N Orrock
Parham Y Parrish Y Parsons Y Porter N Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton N Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

1388

JOURNAL OF THE HOUSE

On the passage of the Bill, by substitute, the ayes were 154, nays 14.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Due to a mechanical malfunction, the vote of Representative Heckstall of the 62nd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 48. By Representatives Golick of the 34th, Roberts of the 154th and O`Neal of the 146th:
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 change provisions relating to the State Ethics Commission including its administrative attachment to the Secretary of States office; to provide for penalties; to provide for restrictions on the Governors appointment power under certain circumstances; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL
To amend Chapter 5 of Title 21 and Titles 36 and 45 of the Official Code of Georgia Annotated, relating, respectively, to ethics in government, local government, 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 change provisions relating to the State Ethics Commission including its administrative attachment to the Secretary of States office; to change provisions relating to mailing complaints; to provide for rule making with regard to technical defects and the time frame for correction of technical defects in financial disclosure statements; to change certain provisions regarding connected organizations; to create certain restrictions on receipt or award of state contracts; to change certain provisions regarding contributions made to candidates and the location where certain reports are filed; to change provisions relating to contributions or expenditures other than through candidates or campaign

FRIDAY, MARCH 4, 2005

1389

committees and disclosure of extensions of credit; to change certain provisions regarding disclosure reports; to change certain provisions regarding electronic filing of reports; to change certain provisions relating to acceptance of campaign contributions during legislative sessions; to change certain provisions relating to maximum allowable contributions; to change certain provisions relating to accounting for and expenditure of campaign contributions; to change certain provisions relating to filing of financial disclosure statements; to change provisions relating to filing by mail; to change certain provisions relating to lobbyist registration; to change provisions relating to lobbyist disclosure reports and the contents thereof and the definition of lobbyist; to create provisions relating to a lobbyists eligibility for certain appointments; to provide for restrictions for lobbying activities for certain persons; to provide restrictions for lobbyists relating to contingency agreements; to provide for restrictions for lobbyists relating to presence on the floor of the House of Representatives and Senate; to correct crossreferences; to provide for anti-nepotism provisions; to provide for penalties; to provide for restrictions on the Governors appointment power under certain circumstances; to provide for related matters; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes. conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, is amended by striking Code Section 21-5-2, relating to declaration of policy, and inserting in lieu thereof the following:
"21-5-2. It is declared to be the policy of this state, in furtherance of its responsibility to protect the integrity of the democratic process and to ensure fair elections for constitutional offices; state offices; district attorneys; members of the Georgia House of Representatives and Georgia Senate; all constitutional judicial officers; and all county and municipal elected officials, to institute and establish a requirement of public disclosure of campaign contributions and expenditures relative to the seeking of such offices, to the recall of public officers holding elective office, and to the influencing of voter approval or rejection of a proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in any county or municipal election. Further, it is the policy of this state that the states public affairs will be best served by disclosures of significant private interests of public officers and officials which may influence the discharge of their public duties and responsibilities. The General Assembly further finds that it is for the public to determine whether significant private interests of public officers have influenced the states public officers to the detriment of their public duties and responsibilities and, in order to make that determination and hold the public officers accountable, the public must have reasonable

1390

JOURNAL OF THE HOUSE

access to the disclosure of the significant private interests of the public officers of this state."
SECTION 2. Said chapter is further amended by striking Code Section 21-5-3, relating to definitions, and inserting in lieu thereof the following:
"21-5-3. As used in this chapter, the term:
(1) 'Business entity' means any corporation, sole proprietorship, partnership, limited partnership, limited liability company, limited liability partnership, professional corporation, enterprise, franchise, association, trust, joint venture, or other entity, whether profit or nonprofit. (2) 'Campaign committee' means the candidate, person, or committee which accepts contributions or makes expenditures designed to bring about the nomination or election of an individual to any elected office. The term 'campaign committee' also means any person or committee which accepts contributions or makes expenditures designed to bring about the recall of a public officer holding elective office or to oppose the recall of a public officer holding elective office or any person or any committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in any state, county, or municipal election. (3) 'Campaign contribution disclosure report' means a report filed with the appropriate filing officer by a candidate or the chairperson or treasurer of a campaign committee setting forth all expenditures of $101.00 or more and all contributions of $101.00 or more, including contributions and expenditures of lesser amounts when the aggregate amount thereof by or to a person is $101.00 or more for the calendar year in which the report is filed. Such report shall also include the total amount of all individual contributions received or expenditures made of less than $101.00 each. The first report required in the calendar year of the election shall contain all such expenditures made and all such contributions received by the candidate or the committee in prior years in support of the campaign in question. (4) 'Candidate' means an individual who seeks nomination for election or election to any public office, whether or not such an individual is elected; and a person shall be deemed to seek nomination or election if such person has taken necessary action under the laws of this state to qualify such person for nomination for election or election or has received any contributions or made any expenditures in pursuit of such nomination or election or has given such persons consent for such persons campaign committee to receive contributions or make expenditures with a view to bringing about such persons nomination for election or election to such office. (5) 'Commission' means the State Ethics Commission created under Code Section 215-4.

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(6) 'Connected organization' means any organization, including any business entity, labor organization, membership organization, or cooperative, which is not a political action committee, as defined in this chapter, but which, directly or indirectly, establishes or administers a political action committee or which provides more than 40 percent of the funds of the political action committee for a calendar year. (6)(7) 'Contribution' means a gift, subscription, membership, loan, forgiveness of debt, advance or deposit of money or anything of value conveyed or transferred for the purpose of influencing the nomination for election or election of any person for office, bringing about the recall of a public officer holding elective office or opposing the recall of a public officer holding elective office, or the influencing of voter approval or rejection of a proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in any state, county, or municipal election. The term specifically shall not include the value of personal services performed by persons who serve without compensation from any sources source and on a voluntary basis. The term 'contribution' shall include other forms of payment made to candidates for office or who hold office when such fees and compensation made can be reasonably construed as a campaign contribution designed to encourage or influence a candidate or public officer holding elective office. The term 'contribution' shall also encompass transactions wherein a qualifying fee required of the candidate is furnished or paid by anyone other than the candidate. (7)(8) 'Direct ownership interest' means the holding or possession of good legal or rightful title of property or the holding or enjoyment of real or beneficial use of the property by any person and includes any interest owned or held by a spouse of such person if such interest is held jointly or as tenants in common between the person and spouse. (8)(9) 'Election' means a primary election; run-off election, either primary or general; special election; or general election. The term 'election' also means a recall election. (8.1)(10) 'Election cycle' means the period from the day following the date of an election or appointment of a person to elective public office through and including the date of the next such election of a person to the same public office and shall be construed and applied separately for each elective office. (9)(11) 'Expenditure' means a purchase, payment, distribution, loan, advance, deposit, or gift any transfer of money or anything of value made for the purpose of influencing the nomination for election or election of any person, bringing about the recall of a public officer holding elective office or opposing the recall of a public officer holding elective office, or the influencing of voter approval or rejection of a proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in any state, county, or municipal election. The term specifically shall not include the value of personal services performed by persons who serve without compensation from any source and on a voluntary basis. The term 'expenditure' shall also include the payment of a qualifying fee for and in behalf of a candidate.

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(10)(12) 'Fiduciary position' means any position imposing a duty to act primarily for the benefit of another person as an officer, director, manager, partner, guardian, or other designation of general responsibility of a business entity. (11)(13) 'Filing officer' means that official who is designated in Code Section 21-534 to receive campaign contribution disclosure reports; provided, however, that such term shall not include the State Ethics Commission. (12)(14) 'Gift' means any gratuitous transfer to a public officer, the spouse of the public officer, or any dependents of the public officer member of the family of the public officer or a loan of property or services which is not a contribution as defined in paragraph (6) (7) of this Code section and which is in the amount of $101.00 or more. (12.1)(15) 'Independent committee' means any committee, club, association, partnership, corporation, labor union, or other group of persons, other than a campaign committee, political party, or political action committee, which receives donations during a calendar year from persons who are members or supporters of the committee and which expends such funds either for the purpose of affecting the outcome of an election for any elected office or to advocate the election or defeat of any particular candidate. (13)(16) 'Intangible property' means property which is not real property and which is held for profit and includes stocks, bonds, interest in partnerships, choses in action, and other investments but shall not include any ownership interest in any public or private retirement or pension fund, account, or system and shall not include any ownership interest in any public or private life insurance contract or any benefit, value, or proceeds of such life insurance contract. (17) 'Member of the family' means a spouse and all dependent children. (18) 'Ordinary and necessary expenses' shall include, but shall not be limited to, all expenditures made during the reporting period for office costs and rent, lodging, equipment, travel, advertising, postage, staff salaries, consultants, files storage, polling, special events, volunteers, reimbursements to volunteers, contributions to nonprofit organizations, and flowers for special occasions, which shall include, but are not limited to, birthdays and funerals, and all other expenditures made by a campaign committee. (14)(19) 'Person' means an individual, partnership, committee, association, corporation, limited liability company, limited liability partnership, trust, professional corporation, or other business entity recognized in the State of Georgia, labor organization, or any other organization or group of persons. (14.1)(20) 'Political action committee' means:
(A) Any any committee, club, association, partnership, corporation, labor union, or other group of persons which receives donations during a calendar year from persons who are members or supporters of the committee and which distributes these contributes funds as contributions to one or more candidates for public office or campaign committees of candidates for public office; and (B) A a 'separate segregated fund' as defined in Code Section 21-5-40.

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Such term does not include a candidate campaign committee. (14.2)(21) 'Public employee' means every person employed by the executive, legislative, or judicial branch of state government, or any department, board, bureau, agency, commission, or authority thereof. (15)(22) 'Public officer' means:
(A) Every constitutional officer; (B) Every elected state official; (C) The executive head of every state department or agency, whether elected or appointed; (D) Each member of the General Assembly; (E) The executive director of each state board or authority and the members thereof; (F) Every elected county official and every elected member of a local board of education; and (G) Every elected municipal official."
SECTION 3. Said chapter is further amended by striking Code Section 21-5-5, relating to operating expenses, and inserting in lieu thereof the following:
"21-5-5. The funds necessary to carry out this chapter shall come from the funds appropriated to and available to the State Ethics Commission and from any other available funds. The commission shall be a budget unit as defined in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act'; provided, however, that the commission shall be assigned for administrative purposes only to the Secretary of State."
SECTION 4. Said chapter is further amended by striking Code Section 21-5-6, relating to powers and duties of the commission, and inserting in lieu thereof the following:
"21-5-6. (a) The commission is vested with the following powers:
(1) To meet at such times and places as it may deem necessary; (2) To contract with other agencies, public or private, or persons as it deems necessary for the rendering and affording of such services, facilities, studies, and reports to the commission as will best assist it to carry out its duties and responsibilities; (3) To cooperate with and secure the cooperation of every department, agency, or instrumentality in the state government or its political subdivisions in the furtherance of the purposes of this chapter; (4) To employ an executive secretary and such additional staff as the commission deems necessary to carry out the powers delegated to the commission by this chapter; (5) To issue subpoenas to compel any person to appear, give sworn testimony, or produce documentary or other evidence;

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(6) To institute and prosecute actions in the superior courts, in its own name, seeking to enjoin or restrain any violation or threatened violation of this chapter; (7) To adopt in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' such rules and regulations as are necessary to carry out the purposes of this chapter; and (8) To do any and all things necessary or convenient to enable it to perform wholly and adequately its duties and to exercise the power granted to it. (b) The commission shall have the following duties: (1) To prescribe forms to be used in complying with this chapter; (2) To prepare and publish a manual setting forth recommended uniform methods of accounting and reporting for use by persons required by this chapter to file statements and reports; (3) To accept and file any information voluntarily supplied that exceeds the requirements of this chapter; (4) To develop a filing, coding, and cross-indexing system consonant with the purposes of this chapter; (5) To adopt a retention standard for records of the commission in accordance with Article 5 of Chapter 18 of Title 50, the 'Georgia Records Act'; (6) To prepare and publish such other reports and technical studies as in its judgment will tend to promote the purposes of this chapter; (7) To provide for public dissemination of such summaries and reports; (8) To determine whether the required statements and reports have been filed and, if so, whether they conform to the requirements of this chapter; (9) To make investigations, subject to the limitations contained in Code Section 21-57, with respect to the statements and reports filed under this chapter and with respect to alleged failure to file any statements or reports required under this chapter and upon receipt of the written complaint of any person, verified under oath to the best information, knowledge, and belief by the person making such complaint with respect to an alleged violation of any provision of this chapter, provided that nothing in this Code section shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this chapter;
(10)(A) To conduct a preliminary investigation, subject to the limitations contained in Code Section 21-5-7, of the merits of a written complaint by any person who believes that a violation of this chapter has occurred, verified under oath to the best information, knowledge, and belief by the person making such complaint. If there are found no reasonable grounds to believe that a violation has occurred, the complaint shall be dismissed, subject to being reopened upon discovery of additional evidence or relevant material. If the commission determines that there are such reasonable grounds to believe that a violation has occurred, it shall give notice by summoning the persons believed to have committed the violation to a hearing. The hearing shall be conducted in all respects in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The commission may file a

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complaint charging violations of this chapter, and any person aggrieved by the final decision of the commission is entitled to judicial review in accordance with Chapter 13 of Title 50; provided, however, that nothing in this Code section shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this chapter. (B) In any such preliminary investigation referenced in subparagraph (A) of this paragraph, until such time as the commission determines that there are reasonable grounds to believe that a violation has occurred, it shall not be necessary to give the notice by summons nor to conduct a hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; (11) To report suspected violations of law to the appropriate law enforcement authority; (12) To investigate upon a written complaint any illegal use of state public employees in a political campaign by any candidate; (13) To issue, upon written request, and publish written advisory opinions on the requirements of this chapter, based on a real or hypothetical set of circumstances; and each such written advisory opinion shall be issued within 60 days of the written request for the advisory opinion. The commission shall make all advisory opinions that were issued prior to July 1, 2005, publicly available for review and shall post these and all future opinions on the commissions website. No liability shall be imposed under this chapter for any act or omission made in conformity with a written advisory opinion issued by the commission that is valid at the time of the act or omission; (14) To issue orders, after the completion of appropriate proceedings, directing compliance with this chapter or prohibiting the actual or threatened commission of any conduct constituting a violation, which order may include a provision requiring the violator: (A) To cease and desist from committing further violations; (B) To make public complete statements, in corrected form, containing the information required by this chapter;
(C)(i) To Except as provided in paragraph (2) of Code Section 21-5-7.1, to pay a civil penalty not to exceed $1,000.00 for each violation contained in any report required by this chapter or for each failure to comply with any other provision of this chapter or of any rule or regulation promulgated under this chapter; provided, however, that a civil penalty not to exceed $5,000.00 may be imposed for a second subsequent occurrence of the same violation and a civil penalty not to exceed $10,000.00 may be imposed for each subsequent occurrence of the same violation. For the purposes of the penalties imposed by this division, the same error, act, omission, or inaccurate entry shall be considered a single violation if the error, act, omission, or inaccurate entry appears multiple times on that report or causes further errors, omissions, or inaccurate entries in that report or in any future reports or further violations in that report or in any future reports.

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(ii) A civil penalty shall not be assessed against any person except after notice and hearing as provided by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The amount of any civil penalty finally assessed shall be recoverable by a civil action brought in the name of the commission. All moneys recovered pursuant to this Code section shall be deposited in the state treasury. (iii) The Attorney General of this state shall, upon complaint by the commission, or may, upon the Attorney Generals own initiative if after examination of the complaint and evidence the Attorney General believes a violation has occurred, bring an action in the superior court in the name of the commission for a temporary restraining order or other injunctive relief or for civil penalties assessed against any person violating for a violation of any provision of this chapter or any rule or regulation duly issued by the commission. (iv) Any action brought by the Attorney General to enforce civil penalties assessed against any person for violating for a violation of the provisions of this chapter or any rule or regulation duly issued by the commission or any order issued by the commission ordering compliance or to cease and desist from further violations shall be brought in the superior court of the county of the residence of the party against whom relief is sought. Service of process shall lie in any jurisdiction within the state. In such actions, the superior court inquiry will be limited to whether notice was given by the commission to the violator in compliance with the Constitution and the rules of procedure of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Upon satisfaction that notice was given and a hearing was held pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the superior court shall enforce the orders of the commission and the civil penalties assessed under this chapter and the superior court shall not make independent inquiry as to whether the violations have occurred. (v) In any action brought by the Attorney General to enforce any of the provisions of this chapter or of any rule or regulation issued by the commission, the judgment, if in favor of the commission, shall provide that the defendant pay to the commission the costs, including reasonable attorneys fees, incurred by the commission in the prosecution of such action;. The commission shall make all such orders that were issued prior to July 1, 2005, publicly available for review and shall post these and all future orders on the commissions website. Such orders shall serve as precedent for all future orders. (15) To make public its conclusion that a violation has occurred and the nature of such violation; (16) To petition the superior court within the county where the hearing was or is being conducted for the enforcement of any order issued in connection with such hearing; and (17) To report to the General Assembly and the Governor at the close of each fiscal year concerning the action taken during that time, the names, salaries, and duties of all

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individuals employed, and the funds disbursed and to make such further report on the matters within its jurisdiction as may appear desirable. (c) The Secretary of State, through the Secretary of States office, shall perform the ministerial functions which the commission may require. The office of the Secretary of State shall be designated as the place where members of the public may file papers or correspond with the commission and receive any form or instruction from the commission. The Secretary of State or the Secretary of States designee shall serve as secretary to the commission."
SECTION 5. Said chapter is further amended by striking Code Section 21-5-7, relating to initiation of complaints, and inserting in lieu thereof the following:
"21-5-7. (a) The commission shall not initiate any investigation or inquiry into any matter under its jurisdiction based upon the complaint of any person unless that person shall reduce the same in writing and verify the same under oath to the best information, knowledge, and belief of such person, the falsification of which shall be punishable as false swearing under Code Section 16-10-71. The person against whom any complaint is made shall be furnished by hand delivery or statutory overnight delivery or mailed by certified mail, return receipt requested, a copy of the complaint by the commission immediately upon within 48 hours of the commissions receipt of such complaint and prior to any other public dissemination of such complaint. Nothing in this Code section, however, shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this chapter. (b) The commission shall adopt rules which shall provide that:
(1) Upon the commissions receipt of a complaint, a determination shall be made as to whether the complaint relates to an alleged technical defect in a filing. For this purpose, a technical defect shall be a defect such as a failure to include a date or an incorrect date, a failure to include a contributors occupation or an incorrect occupation, a failure to include an address or an incorrect address, or any other similar technical defect as specified by rule of the commission; (2) When the commission determines that a complaint relates to a technical defect in a filing, the subject of the complaint shall be given a period of ten days to correct the alleged technical defect. During such ten-day period the complaint shall be considered as received by the commission but not yet filed with the commission. If during such ten-day period the alleged technical violation is cured by an amended filing or otherwise, or if during such ten-day period the subject of the complaint demonstrates that there is no technical violation as alleged, the complaint shall be disposed of without filing or further proceedings and no penalty shall be imposed."
SECTION 6.

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Said chapter is further amended by inserting a new Code Section 21-5-7.1 to follow Code Section 21-5-7 to read as follows:
"21-5-7.1. The commission shall adopt rules which shall provide that:
(1) Upon the commissions receipt of a complaint, a determination shall be made as to whether the complaint relates to an alleged technical defect in a filing. For this purpose, a technical defect shall be a defect such as a failure to include a date or an incorrect date, a failure to include a contributors occupation or an incorrect occupation, a failure to include an address or an incorrect address, a failure to include an employer or an incorrect employer, or any other similar technical defect as specified by rule of the commission; (2) When the commission determines that a complaint relates to a technical defect in a filing, the subject of the complaint shall be issued a notice of an alleged technical defect by certified mail, return receipt requested, or statutory overnight delivery and shall be given a period of 30 calendar days from the receipt of the notice to correct the alleged technical defect. During the 30 day period the complaint shall be considered as received by the commission but not yet filed with the commission and shall not be considered a violation of this chapter. If during the 30 day period the alleged technical violation is cured by an amended filing or otherwise or if during the 30 day period the subject of the complaint demonstrates that there is no technical violation as alleged, the complaint shall be disposed of without filing or further proceedings and no penalty shall be imposed. If the subject of the complaint fails to respond to the notice of an alleged technical defect, make an amended filing, or demonstrate that there is no technical violation as alleged by the thirty-first day, the commission shall impose and collect an administrative fee not to exceed $50.00 per technical defect. (3) If the subject of the complaint does not pay the administrative fee required by paragraph (2) of this Code section, if any, and does not otherwise also comply with paragraph (2) of this Code section by the sixtieth day from the receipt of the notice of an alleged technical defect, the commission shall conduct further investigation and the complaint may proceed further in accordance with the provisions of this chapter; and (4) When the commission determines in its discretion that best efforts have been made to complete a required filing, said filing shall be considered in compliance with this chapter and any complaint relative to said filing shall be dismissed."
SECTION 7. Said chapter is further amended by striking Code Section 21-5-12, relating to connected organizations, and inserting in lieu thereof the following:
"21-5-12. (a) As used in this Code section, the term 'connected organization' means any organization, including any corporation, labor organization, membership organization, or cooperative, which is not a political action committee, as defined in this article, but which, directly or indirectly, establishes or administers a political action committee or

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which provides more than 40 percent of the funds of the political action committee for a calendar year. (b)(a) The name of each political action committee shall include the name of its connected organization. (c)(b) The name of any separate segregated fund, as defined in Code Section 21-5-40, shall include the name of its connected organization."
SECTION 8. Said chapter is further amended by inserting a new Code Section 21-5-13 to follow Code Section 21-5-12 to read as follows:
"21-5-13. Any action alleging a violation of this chapter shall be commenced within three years after the date of filing of the first report containing the alleged violation. For purposes of this Code section, an action shall be deemed to have commenced against a person only when either:
(1) A complaint has been accepted by the commission in compliance with Code Section 21-5-7; or (2) The commission serves on such person a notice of summons or hearing, in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' that alleges that such person has violated this chapter."
SECTION 9. Said chapter is further amended by striking Code Section 21-5-30, relating to contributions made to a candidate or a campaign committee or for the recall of a public officer, and inserting in lieu thereof the following:
"21-5-30. (a) Except as provided in subsection (e) of Code Section 21-5-31 21-5-34, no contributions to bring about the nomination or election of a candidate for any office shall be made or accepted except directly to a candidate or such candidates campaign committee which is organized for the purpose of bringing about the nomination or election of any such candidate; and no contributions to bring about the recall of a public officer or to oppose the recall of a public officer or to bring about the approval or rejection by the voters of a proposed constitutional amendment, state-wide referendum, or other issue proposed question at the state, municipal, or county level shall be made or accepted except directly by a campaign committee organized for that purpose. (b) Each candidate shall maintain records and file reports as required by this chapter or shall have a campaign committee for the purposes of maintaining records and filing reports as required by this chapter. Every campaign committee shall have a chairperson and a treasurer, except that the candidate may serve as the chairperson and treasurer. Before a campaign committee accepts contributions, the name and address of the chairperson and treasurer shall be filed with the Secretary of State commission. When a candidate has been elected to public office, the registration of that candidates campaign committee with the Secretary of State commission shall remain in effect so

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long as the candidate remains in office until and unless: (1) the registration is canceled by the campaign committee or the candidate; or (2) a new campaign committee for that candidate is registered with the Secretary of State. The same person may serve as chairperson and treasurer. No contributions shall be accepted by or on behalf of the campaign committee at a time when there is a vacancy in the office of chairperson or treasurer of the campaign committee. (c) Contributions of money received pursuant to subsection (a) of this Code section shall be deposited in the separate a campaign depository account opened and maintained by the candidate or the campaign committee for the purpose for which such campaign committee was organized. Such The account may be an interest-bearing account; provided, however, that any interest earned on such account shall be deemed contributions reported and may only be used for the purposes allowed for contributions under this chapter. Those who elect the separate accounting option as provided in Code Section 21-5-43 may also open, but are not required to open, a separate campaign depository account for each election for which contributions are accepted beyond their next upcoming election. (d) Where Unless otherwise reported individually, where separate contributions of less than $101.00 are knowingly received from a common source, such contributions shall be aggregated for reporting purposes. For purposes of fulfilling such aggregation requirement, members of the same family, members of the same firm, or partnership, or employees of the same person, as defined in paragraph (14) (19) of Code Section 21-53, shall be considered to be a common source; provided, however, that the purchase of tickets for not more than $25.00 each and for or attendance at a fundraising event by members of the same family, members of the same firm, or partnership, or employees of the same person shall not be considered to be contributions from a common source except to the extent that tickets are purchased as a block. (e) The making and acceptance of anonymous contributions are prohibited. Any anonymous contributions received by a candidate or campaign committee shall be transmitted to the director of the Office of Treasury and Fiscal Services for deposit in the state treasury, and the fact of such contribution and transmittal shall be reported to the commission. (f) A person acting on behalf of a public utility corporation regulated by the Public Service Commission shall not make, directly or indirectly, any contribution to a political campaign candidate, campaign committee, political action committee, or any other political committee. This subsection shall not apply to motor carriers whose rates are not regulated by the Public Service Commission. Any person who knowingly violates this subsection with respect to a member of the Public Service Commission, a candidate for the Public Service Commission, or the campaign committee of a candidate for the Public Service Commission shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years or by a fine not to exceed $5,000.00 $10,000.00, or both; and any person who knowingly violates this subsection with respect to any other public officer, a candidate for such other

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public office, or the campaign committee of a candidate for such other public office shall be guilty of a misdemeanor. (g) Neither a candidate who is not a public officer nor his or her campaign committee may lawfully accept a campaign contribution until the candidate has filed with the Secretary of State commission or appropriate local filing officer a declaration of intention to accept campaign contributions which shall include the name and address of the candidate and the names and addresses of his or her campaign committee officers, if any."
SECTION 10. Said chapter is further amended by striking Code Section 21-5-31, relating to contributions or expenditures other than through candidate or committee and disclosure of extensions of credit, and inserting in lieu thereof the following:
"21-5-31. (a) Any person who accepts contributions for, makes contributions to, or makes expenditures on behalf of candidates is subject to the same disclosure requirements of this chapter as a candidate, except that contributions from individuals made directly to a candidate or his campaign committee do not require separate reporting, except that contributions from persons as defined in paragraph (14) of Code Section 21-5-3 which do not exceed $500.00 in the aggregate or which are made to only one candidate, regardless of the amount, do not require separate reporting, and except that copies of campaign contribution disclosure reports do not have to be filed with local election superintendents as required of candidates for membership in the General Assembly pursuant to paragraph (1) of subsection (a) of Code Section 21-5-34. (b) When a contribution consists of the proceeds of a loan, advance, or other extension of credit, the campaign contribution disclosure report shall also contain the name of the lending institution or party making the advance or extension of credit and the names, mailing addresses, occupations, and places of employment of all persons having any liability for repayment of the loan, advance, or extension of credit; and, if any such persons shall have a fiduciary relationship to the lending institution or party making the advance or extension of credit, the report shall specify such relationship. Reserved."
SECTION 11. Said chapter is further amended by striking Code Section 21-5-34, relating to disclosure reports, and inserting in lieu thereof the following:
"21-5-34. (a)(1)(A) The candidate or the chairperson or treasurer of each campaign committee organized to bring about the nomination or election of a candidate for any office except county and municipal offices or the General Assembly and the chairperson or treasurer of every campaign committee designed to bring about the recall of a public officer or to oppose the recall of a public officer or designed to bring about the approval or rejection by the voters of any proposed constitutional amendment, statewide proposed question, or state-wide referendum shall sign and file with the

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Secretary of State commission the required campaign contribution disclosure reports. A candidate for membership in the General Assembly or the chairperson or treasurer of such candidates campaign committee shall file such candidates reports with the Secretary of State commission and a copy thereof with the election superintendent of the county of such candidates residence. (B) The chairperson or treasurer of each independent committee as defined in Code Section 21-5-3 shall file the required disclosure reports with the Secretary of State commission. (2)(A) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in any state, county, or municipal election shall file a campaign contribution disclosure report as prescribed by this chapter; provided, however, that such report shall only be required if such campaign committee has received contributions which total more than $500.00 or if such campaign committee has made expenditures which total more than $500.00. All advertising pertaining to referendums must shall identify the principal officer of such campaign committee by listing or stating the name and title of the principal officer. (B) If a campaign committee is required to file a report under subparagraph (A) of this paragraph, such report shall be filed with the election superintendent of the county in the case of a county election or with the municipal clerk in the case of a municipal election. Any such report shall be filed 15 days prior to the date of the election; and a final report shall be filed prior to December 31 of the year in which the election is held. (3) A candidate for county office or the chairperson or treasurer of such candidates campaign committee shall sign and file the required campaign contribution disclosure reports with the election superintendent in the respective county of election. (4) A candidate for municipal office or such candidates campaign committee shall file the reports with the municipal clerk in the respective municipality of election or, if there is no clerk, with the chief executive officer of the municipality. (b)(1) All reports shall list the following: (A) The As to any contributions of $101.00 or more, its amount and date of receipt, the election to which the contribution has been allocated, along with the name, and mailing address, occupation, and employer of any person making a contribution of $101.00 or more, including of the contributor, and, if the contributor is an individual, that individuals occupation and the name and address of his or her employer. Such contributions shall include, but shall not be limited to, the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events coordinated for the purpose of raising campaign contributions for the reporting candidate person; (B) The name and mailing address and occupation or place of employment of any person to whom an expenditure of $101.00 or more is made and the amount, date, and general purpose of such expenditure; As to any expenditure of $101.00 or more,

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its amount and date of expenditure, the name and mailing address of the recipient receiving the expenditure, and, if that recipient is an individual, that individuals occupation and the name and address of his or her employer and the general purpose of the expenditure; (C) When a contribution consists of a loan, advance, or other extension of credit, the report shall also contain the name of the lending institution or party making the advance or extension of credit and the names, mailing addresses, occupations, and places of employment of all persons having any liability for repayment of the loan, advance, or extension of credit; and, if any such persons shall have a fiduciary relationship to the lending institution or party making the advance or extension of credit, the report shall specify such relationship; (D) Total contributions received and total expenditures made as follows:
(i) Contributions and expenditures shall be reported for the applicable reporting cycle; (ii) A reporting cycle shall commence on January 1 of the year in which an election is to be held for the public office to which a candidate seeks election and shall conclude:
(I) At the expiration of the term of office if such candidate is elected and does not seek reelection or election to some other office; (II) On December 31 of the year in which such election was held if such candidate is unsuccessful; or (III) If such candidate is successful and seeks reelection or seeks election to some other office the current reporting cycle shall end when the reporting cycle for reelection or for some other office begins; (iii) The first report of a reporting cycle shall list the net balance on hand brought forward from the previous reporting cycle, if any, and the total contributions received during the period covered by the report; (iv) Subsequent reports shall list the total contributions received during the period covered by the report and the cumulative total of contributions received during the reporting cycle; (v) The first report of a reporting cycle shall list the total expenditures made during the period covered by the report; (vi) Subsequent reports shall list the total expenditures made during the period covered by the report, the cumulative total of expenditures made during the reporting cycle, and net balance on hand; and (vii) If a public officer seeks reelection to the same public office, or if the public officer is a member of the General Assembly seeking reelection in another district as a result of redistricting, the net balance on hand at the end of the current reporting cycle shall be carried forward to the first report of the applicable new reporting cycle; and (E) The corporate, labor union, or other affiliation of any political action committee or independent committee making a contribution of $101.00 or more.

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(2) Each report shall be in such form as will allow for the separate identification of a contribution or contributions which are less than $101.00 but which become reportable due to the receipt of an additional contribution or contributions which when combined with such previously received contribution or contributions cumulatively equal or exceed $101.00. (c) Candidates or campaign committees which accept contributions, make expenditures designed to bring about the nomination or election of a candidate, or have filed a declaration of intention to accept campaign contributions pursuant to subsection (g) of Code Section 21-5-30 shall file campaign contribution disclosure reports in compliance with the following schedule: (1) In each nonelection year on June 30 and December 31; (2) In each year in which the candidate qualifies to run for public office:
(A) On March 31, June 30, September 30, October 25, and December 31; (B) Six days before any run-off primary or election in which the candidate is listed on the ballot; and (C) During the period of time between the last report due prior to the date of any state-wide primary or state-wide election for which the candidate is qualified and the date of such primary or election, all contributions of $1,000.00 or more must shall be reported within 48 hours of receipt to the location where the original disclosure report for such candidate or committee was filed and also reported on the next succeeding regularly scheduled campaign contribution disclosure report; (3) If the candidate is candidate in a special primary or special primary runoff, 15 days prior to the special primary and six days prior to the special primary runoff; and (4) If the candidate is candidate in a special election or special election runoff, 15 days prior to the special election and six days prior to the special election runoff. All persons or entities required to file reports shall have a five-day grace period in filing the required reports, except that the grace period shall be two days for required reports prior to run-off primaries or run-off elections, and no grace period shall apply to contributions required to be reported within 48 hours. The mailing of such reports by United States mail with adequate postage affixed, within the required filing time as determined by the official United States postage date cancellation, shall be prima-facie evidence of filing but reports required to be filed within 48 hours of a contribution must shall also be reported by facsimile, electronic transmission, or otherwise within those 48 hours to the location where the original disclosure report for such candidate or committee was filed. A report or statement required to be filed by this Code section other than a report of contributions required to be reported within 48 hours shall be verified by the oath or affirmation of the person filing such report or statement taken before an officer authorized to administer oaths. Each report required in the calendar year of the election shall contain cumulative totals of all contributions which have been received and all expenditures which have been made in support of the campaign in question and which are required, or previously have been required, to be reported. (d) In the event any candidate covered by this chapter has no opposition in either a primary or a general election and receives no contribution of $101.00 or more, such

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candidate shall only be required to make the initial and final report as required under this chapter. (e) Any person who makes contributions to, accepts contributions for, or makes expenditures on behalf of candidates, and any independent committee, shall be authorized to file a registration with the Secretary of State commission in the same manner as is required of campaign committees prior to accepting or making contributions or expenditures. Such persons, other than independent committees, shall also be authorized to file campaign contribution disclosure reports in the same places and at the same times as required of the candidates they are supporting, but such persons shall not be required to file copies of campaign contribution disclosure reports with local election superintendents as is required of candidates for membership in the General Assembly. The following persons shall be exempt from the foregoing registration and reporting requirements:
(1) Individuals making aggregate contributions of $25,000.00 or less directly to candidates or the candidates campaign committees in one calendar year; and (2) Persons other than individuals making aggregate contributions and expenditures to or on behalf of candidates of $5,000.00 or less in one calendar year.; and (3) Contributors who make contributions to only one candidate during one calendar year. (f)(1) Any independent committee which accepts contributions or makes expenditures for the purpose of affecting the outcome of an election or advocates the election or defeat of any candidate shall file disclosure reports with the Secretary of State commission as follows:
(A) On on the first day of each of the two calendar months preceding any such election; (B) Two two weeks prior to the date of such election; and (C) Within within the two-week period prior to the date of such election the independent committee shall report within 48 hours any contributions or expenditure of more than $1,000.00. The independent committee shall file a final report prior to December 31 of the year in which the election is held and shall file supplemental reports on June 30 and December 31 of each year that such independent committee continues to accept contributions or make expenditures. (2) Reports filed by independent committees shall list the following: (A) The amount and date of receipt, along with the name, mailing address, occupation, and employer of any person making a contribution of $101.00 or more; (B) The name, mailing address, occupation, and employer of any person to whom an expenditure or provision of goods or services of the value of $101.00 or more is made and the amount, date, and general purpose thereof, including the name of the candidate or candidates, if any, on behalf of whom, or in support of or in opposition to whom, the expenditure or provision was made; (C) Total expenditures made as follows:
(i) Expenditures shall be reported for the applicable reporting year;

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(ii) The first report of a reporting year shall list the total expenditures made during the period covered by the report; and (iii) Subsequent reports shall list the total expenditures made during the period covered by the report, the cumulative total of expenditures made during the reporting year, and net balance on hand; and (D) The corporate, labor union, or other affiliation of any political action committee, candidate, campaign committee, or independent committee making a contribution of the value of $101.00 or more. (3) Whenever any independent committee makes an expenditure for the purpose of financing any communication intended to affect the outcome of an election, such communication shall clearly state that it has been financed by such independent committee. (g) Any campaign committee which accepts contributions or makes expenditures designed to bring about the recall of a public officer or to oppose the recall of a public officer shall file campaign contribution disclosure reports with the Secretary of State commission as follows: (1) An initial report shall be filed within 15 days after the date when the official recall petition forms were issued to the sponsors; (2) A second report shall be filed 45 days after the filing of the initial report; (3) A third report shall be filed within 20 days after the election superintendent certifies legal sufficiency or insufficiency of a recall petition; (4) A final report shall be filed prior to December 31 of the year in which the recall election is held or, in any case where such recall election is not held, a final report shall be filed prior to December 31 of any year in which such campaign committee accepts such contributions or makes such expenditures; and (5) In the case of state officials or county officials, a copy of each of the reports shall also be filed with the election superintendent in the county of residence of the official sought to be recalled. In the case of municipal officials, a copy of the reports shall also be filed with the municipal clerk in the municipality of residence of the official sought to be recalled or, if there is no clerk, with the chief executive officer of the municipality. Each filing officer shall forward a copy of the reporting forms required by this Code section to each candidate or public officer holding elective office required to file such report within a reasonable time prior to each filing. (h) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of a proposed constitutional amendment or a state-wide referendum shall file a campaign contribution disclosure report with the Secretary of State commission 75, 45, and 15 days prior to the date of the election and shall file a final report prior to December 31 of the year in which the election is held. (i) In any county in which the county board of elections does not maintain an office open to the public during normal business hours for five days a week, the reports

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required by this Code section shall be filed in the office of the judge of the probate court of that county.
(j)(1) Any person elected to a public office who is required to file campaign contribution disclosure reports pursuant to this article shall, upon leaving public office with excess contributions, be required to file supplemental campaign contribution disclosure reports on June 30 and December 31 of each year until such contributions are expended in a campaign for elective office or used as provided in subsection (b) of Code Section 21-5-33. (2) Any person who is an unsuccessful candidate in an election and who is required to file campaign contribution disclosure reports pursuant to this article shall for the remainder of the reporting cycle file such reports at the same times as a successful candidate and thereafter, upon having excess contributions from such campaign, be required to file a supplemental campaign contribution disclosure report no later than December 31 of each year until such contributions are expended in a campaign for elective office or used as provided in subsection (b) of Code Section 21-5-33. Any unsuccessful candidate in an election who is required to file campaign contribution disclosure reports pursuant to this article and who receives contributions following such election to retire debts incurred in such campaign for elective office shall be required to file a supplemental campaign contribution disclosure report no later than December 31 of each year until such unpaid expenditures from such campaign are satisfied. (k) Notwithstanding any other provision of this chapter to the contrary, soil and water conservation district supervisors elected pursuant to Article 2 of Chapter 6 of Title 2, the 'Soil and Water Conservation Districts Law,' shall not be required to file campaign contribution disclosure reports under this Code section. (l) In addition to other penalties provided under this chapter, an additional filing fee of $25.00 shall be imposed for each report that is filed late. In addition, a filing fee of $50.00 shall be imposed on the fifteenth day after the due date if the report has still not been filed; provided, however, a 15 day extension period shall be granted on the final report. (m) It shall be the duty of the commission or any other officer or body which receives for filing any disclosure report or statement or other document required to be filed under this chapter to maintain with the filed document a copy of the postal markings or statutory overnight delivery service markings of any envelope, package, or wrapping in which the document was delivered for filing if mailed or sent after the date such filing was due. (n) Any disclosure report, statement, or other document required to be filed under this chapter which is in the possession of the Secretary of State shall be transferred to the commission."
SECTION 12. Said chapter is further amended by striking Code Section 21-5-34.1, relating to filing campaign contribution disclosure reports electronically, and inserting in lieu thereof the

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following: "21-5-34.1. (a) Beginning February 1, 2001, candidates Candidates seeking election to constitutional offices, the Supreme Court, the Court of Appeals, and the Public Service Commission shall use electronic means to file their campaign contribution disclosure reports with the Secretary of State commission upon having raised or spent a minimum of $20,000.00 in an election cycle. Under that threshold, electronic filing is permitted and encouraged but not required. (b) Beginning January 1, 2003, candidates Candidates seeking election to the General Assembly, superior courts, and the office of district attorney shall use electronic means to file their campaign contribution disclosure reports with the Secretary of State commission, as specified in Code Section 21-5-34, upon having raised or spent a minimum of $10,000.00 in an election cycle, but contributions and expenditures received or made prior to reaching such threshold need not be electronically filed if previously reported, except as cumulative totals. Under that threshold, electronic filing is permitted and encouraged but not required. (c) Beginning January 1, 2003, candidates Candidates seeking election to county or municipal offices shall use electronic means to file their campaign contribution disclosure reports with the election superintendent of their county or the municipal clerk or chief executive officer of their municipality, as specified in Code Section 21-534, upon having raised or spent a minimum of $10,000.00 in an election cycle, but contributions and expenditures received or made prior to reaching such threshold need not be electronically filed if previously reported, except as cumulative totals. Under that threshold, electronic filing is permitted and encouraged but not required. (d) Beginning January 1, 2003, political Political action committees, independent committees, and any persons otherwise required by this article to file campaign contribution disclosure reports shall use electronic means to file such reports with the Secretary of State commission upon having raised or spent $5,000.00 in a calendar year. Under that threshold, electronic filing is permitted and encouraged but not required. (e) When campaign contribution disclosure reports are filed electronically as provided in subsections (a) through (d) of this Code section, the original report shall be filed at the same location candidate, chairperson, treasurer, or any persons otherwise authorized shall submit to the commission a notarized affidavit certifying that the electronic filing is correct by United States mail, with adequate postage affixed. (f) No funds raised or spent prior to the implementation date of electronic filing shall be counted toward the appropriate threshold. When campaign contribution disclosure reports are filed electronically as provided in subsections (a) through (d) of this Code section, no paper copy of the report shall be required to be filed. (g) The commission is authorized to promulgate rules and regulations to implement this Code section."
SECTION 13.

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Said chapter is further amended by striking Code Section 21-5-35, relating to acceptance of contributions during legislative sessions, and inserting in lieu thereof the following:
"21-5-35. (a) No member of the General Assembly or that members campaign committee or public officer elected state wide or campaign committee of such public officer shall accept a contribution or a pledge of a contribution during a legislative session. (b) Subsection (a) of this Code section shall not apply to:
(1) The receipt of a contribution which is returned with reasonable promptness to the donor or the donors agent; (2) The receipt and acceptance during a legislative session of a contribution consisting of proceeds from a dinner, luncheon, rally, or similar fundraising event held prior to the legislative session; or (3) A judicial officer elected state wide or campaign committee of such judicial officer."
SECTION 14. Said chapter is further amended by striking in its entirety Code Section 21-5-40, relating to definitions applicable to campaign contributions, and inserting in lieu thereof the following:
"21-5-40. As used in this article, the term:
(1) 'Affiliated committees' means any two or more political committees (including a separate segregated fund) established, financed, maintained, or controlled by the same corporation business entity, labor organization, person, or group of persons, including any parent, subsidiary, branch, division, department, or local unit thereof. (2) 'Affiliated corporation' means with respect to any corporation business entity any other corporation business entity related thereto: as a parent corporation business entity; as a subsidiary corporation business entity; as a sister corporation business entity; by common ownership or control; or by control of one corporation business entity by the other. (3) 'Corporation' means any business or nonprofit corporation organized under the laws of this state, any other state, or the United States. 'Business entity' shall have the same meaning as provided in Code Section 21-5-3. (4) 'Election year' shall be construed and applied separately for each elective office and means for each elective office the calendar year during which a regular or special election to fill such office is held. (4.1) 'Nonelection year' shall be construed and applied separately for each elective office and means for each elective office any calendar year during which there is no regular or special election to fill such office. (5) 'Person' means an individual. (6) 'Political committee' means: (A) any partnership, committee, club, association, organization, party caucus of the House of Representatives or the Senate, or similar

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entity (other than a corporation business entity) or any other group of persons or entities which makes a contribution; or (B) any separate segregated fund. (6.1) 'Political party' means any political party as that term is defined in paragraph (25) of Code Section 21-2-2, as amended; provided, however, that for purposes of this article, local, state, and national committees shall be separate political parties. (6.2) 'Public office' means the office of each elected public officer as specified in paragraph (15)(22) of Code Section 21-5-3. (7) 'Separate segregated fund' means a fund which is established, administered, and used for political purposes by a corporation business entity, labor organization, membership organization, or cooperative and to which the corporation business entity, labor organization, membership organization, or cooperative solicits contributions."
SECTION 15. Said chapter is further amended by striking Code Section 21-5-41, relating to maximum allowable contributions, and inserting in lieu thereof the following:
"21-5-41. (a) No person, corporation, political committee, or political party shall make, and no candidate or campaign committee shall receive from any such entity, contributions to any candidate for state-wide elected office which in the aggregate for an election cycle exceed:
(1) Five thousand dollars for a primary election; (2) Three thousand dollars for a primary run-off election; (3) Five thousand dollars for a general election; and (4) Three thousand dollars for a general election runoff. (b) No person, corporation, political committee, or political party shall make, and no candidate or campaign committee shall receive from any such entity, contributions to any candidate for the General Assembly or public office other than state-wide elected office which in the aggregate for an election cycle exceed: (1) Two thousand dollars for a primary election; (2) One thousand dollars for a primary run-off election; (3) Two thousand dollars for a general election; and (4) One thousand dollars for a general election runoff. (b.1) No business entity shall make any election contributions to any candidate which when aggregated with contributions to the same candidate for the same election from any affiliated corporations exceed the per election maximum allowable contribution limits for such candidate as specified in subsection (a) of this Code section. (c) Candidates and campaign committees may separately account for contributions pursuant to Code Section 21-5-43. Candidates and campaign committees not separately accounting for contributions pursuant to such Code section shall not accept contributions for any election in an election cycle prior to the conclusion of the immediately preceding election in such cycle; provided, however, that contributions may be accepted for a primary election at any time in the election cycle prior to and including the date of such primary election. Upon At the conclusion of an each election,

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contributions remaining unexpended may be expended on succeeding elections in the election cycle, and contributions not exceeding the contribution limits of this Code section may continue to be accepted for repayment of campaign obligations incurred as a candidate in that election. (d) Candidates and campaign committees shall designate on their disclosure reports the election for which a contribution has been accepted. Any contribution not so designated shall be presumed to have been accepted for the election on or first following the date of the contribution. (e) A contribution by a partnership shall be deemed to have been made pro rata by the partners as individuals for purposes of this Code section, as well as by the partnership in toto unless the partnership by proper action under its partnership agreement otherwise directs allocation of the contribution among the partners. At such direction of the partnership, the contribution may be allocated in any proportion among the partners, including to one or some but not all. Such allocation shall be indicated on the face of any instrument constituting the contribution or on an accompanying document referencing such instrument. (f) The limits established by this Code section shall not apply to a loan or other contribution made to a campaign committee or candidate by the candidate or a member of the candidates immediate family, a member of the family of the candidate, or by any business entity wholly owned by the candidate or owned by a member of the family of the candidate. (g) The limits established by this Code section shall not apply to a bona fide loan made to a candidate or campaign committee by a state or federally chartered financial institution or a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation if:
(1) Such loan is made in the normal course of business with the expectation on the part of all parties that such loan shall be repaid; and (2) Such loan is based on the credit worthiness of the candidate and the candidate is personally liable for the repayment of the loan. (h) The limitations provided for in this Code section shall not include contributions or expenditures made by a political party in support of a party ticket or a group of named candidates. (i) At the end of the election cycle applicable to each public office as to which campaign contributions are limited by this Code section and every four years for all other elections to which this Code section is applicable, the contribution limitations in this Code section shall be raised or lowered in increments of $100.00 by regulation of the State Ethics Commission pursuant to a determination by the commission of inflation or deflation during such cycle or four-year period, as determined by the Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor, and such limitations shall apply until next revised by the commission. The commission shall adopt rules and regulations for the implementation of this subsection."

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SECTION 16. Said chapter is further amended by striking subsection (a) of Code Section 21-5-43, relating to accounting for and expenditure of campaign contributions, and inserting in lieu thereof the following:
"(a)(1) A candidate or campaign committee may separately account for contributions for each election in an election cycle for which contributions are accepted. If no contributions are accepted for an election, no corresponding accounting shall be required. Subject to the contribution limits of this chapter, contributions so separately accounted for may be accepted at any time in the election cycle. Upon the conclusion of an each election, contributions not exceeding such limits may continue to be accepted for repayment of campaign obligations incurred as a candidate in that election. (2) A candidate who wishes to accept contributions for more than one election at a time shall separately account for such campaign contributions and shall file an 'Option to Choose Separate Accounting' form with the commission prior to accepting contributions for any election other than the candidates next upcoming election; provided, however, that a candidate shall only be required to file one such form which shall be utilized for all subsequent elections to the same elective office, regardless of whether an election occurs in a new election cycle. (3) A candidate who accepts contributions for more than one election at a time may allocate contributions received from a single contributor to any election in the election cycle, provided that the contributions shall not violate maximum allowable contribution limits for any election."
SECTION 17. Said chapter is further amended by striking Code Section 21-5-50, relating to filing by public officers and filings by candidates for public office, and inserting in lieu thereof the following:
"21-5-50. (a)(1) Except as modified in subsection (c) of this Code section with respect to candidates for state-wide elected public office, each public officer, as defined in subparagraphs (A) through (E) of paragraph (15) (22) of Code Section 21-5-3, shall file with the Secretary of State commission not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year; and each person who qualifies as a candidate for election as a public officer, as defined in subparagraphs (A) through (E) of paragraph (15) (22) of Code Section 21-5-3, shall file with the Secretary of State commission, no later than the fifteenth day following the date of qualifying as a candidate, a financial disclosure statement for the preceding calendar year. (2) Each public officer, as defined in subparagraph (F) of paragraph (15) (22) of Code Section 21-5-3, shall file with the election superintendent of the county of election of such public officer, not before the first day of January nor later than July 1

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of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year. Each person who qualifies as a candidate for election as a public officer, as defined in subparagraph (F) of paragraph (15) (22) of Code Section 21-5-3, shall file with the election superintendent of the county of election, no later than the fifteenth day following the date of qualifying as a candidate, a financial disclosure statement for the preceding calendar year. (3) Each public officer, as defined in subparagraph (G) of paragraph (15) (22) of Code Section 21-5-3, shall file with the municipal clerk of the municipality of election or, if there is no clerk, with the chief executive officer of such municipality, not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year. Each person who qualifies as a candidate for election as a public officer, as defined in subparagraph (G) of paragraph (15) (22) of Code Section 21-5-3, shall file with the municipal clerk of the municipality of election or, if there is no clerk, with the chief executive officer of such municipality, no later than the fifteenth day following the date of qualifying as a candidate, a financial disclosure statement for the preceding calendar year. (4) The filing officer shall review each financial disclosure statement to determine that such statement is in compliance with the requirements of this chapter. (5) A public officer shall not, however, be required to file such a financial disclosure statement for the preceding calendar year in a year in which there occurs qualifying for election to succeed such public officer, if such public officer does not qualify for nomination for election to succeed himself or herself or for election to any other public office subject to this chapter. For purposes of this subsection, a public officer shall not be deemed to hold office in a year in which the public officer holds office for less than 15 days. (b) A financial disclosure statement shall be in the form specified by the commission and shall identify: (1) Each monetary fee or honorarium of $101.00 or less which is accepted by a public officer from speaking engagements, participation in seminars, discussion panels, or other activities which directly relate to the official duties of the public officer or the office of the public officer, with a statement identifying the fee or honorarium accepted and the person from whom it was accepted; (2) All fiduciary positions held by the candidate for public office or the public officer, with a statement of the title of each such position, the name and address of the business entity, and the principal activity of the business entity; (3) The name, address, and principal activity of any business entity and the office held by and the duties of the candidate for public office or public officer within such business entity as of December 31 of the covered year in which such candidate or officer has a direct ownership interest which interest:
(A) Is more than 10 5 percent of the total interests in such business; or

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(B) Has a net fair market value of more than $20,000.00; (4) Each tract of real property in which the candidate for public office or public officer has a direct ownership interest as of December 31 of the covered year when that interest has a net fair market value in excess of $20,000.00. As used in this paragraph, the term 'net fair market' value means the appraised value of the property for ad valorem tax purposes less any indebtedness thereon. The disclosure shall contain the county and state and general location therein where the property is located description of the property; (5) The filers occupation, employer, and the principal activity and address of such employer; (6) If he or she has actual knowledge of such ownership interest, the filer shall name any business or subsidiary thereof in Georgia in which the filers spouse or dependent children, jointly or severally, own a direct ownership interest which interest:
(A) Is more than 5 percent of the total interests in such business; or (B) Has a net fair market value of more than $20,000.00 or in which the filers spouse or any dependent child serves as an officer, director, equitable partner, or trustee; (5)(7) All annual payments in excess of $20,000.00 received by the public officer or any business entity identified in paragraph (3) of this subsection from the state, any agency, department, commission, or authority created by the state, and authorized and exempted from disclosure under Code Section 45-10-25, and the agency, department, commission, or authority making the payments, and the general nature of the consideration rendered for the source of the payments; and (6)(8) No form prescribed by the commission shall require more information or specify more than provided in the several paragraphs of this Code section with respect to what is required to be disclosed. (c)(1) Each person who qualifies with a political party as a candidate for party nomination to a public office elected state wide (including an incumbent public officer elected state wide qualifying to succeed himself or herself) shall file with the Secretary of State commission, not later than seven days after so qualifying, a financial disclosure statement. Each person who qualifies as a candidate for election to a public office elected state wide through a nomination petition or convention shall likewise file a financial disclosure statement not later than seven days after filing his or her notice of candidacy. Such financial disclosure statement shall comply with the requirements of subsections (a) and (b) of this Code section and shall in addition identify, for the preceding five calendar years: (A) Each transaction or transactions which aggregate $9,000.00 or more in a calendar year in which the candidate (whether for himself or herself or on behalf of any business) or any business in which such candidate or any member of his or her family has a substantial interest or is an officer of such business has transacted business with the government of the State of Georgia, the government of any political subdivision of the State of Georgia, or any agency of any such government; and

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(B) Each transaction or transactions which aggregate $9,000.00 or more in a calendar year in which the candidate or any business in which such candidate or any member of his or her family has a substantial interest or is an officer of such business received any income of any nature from any person who was at the time of such receipt of income represented by a lobbyist registered with the commission pursuant to Article 4 of this chapter. (2) The financial disclosure statement required by paragraph (1) of this subsection shall include an itemized list of the transactions required to be reported, including the date of, dollar amount of, and parties to each such transaction. However, with respect to any transactions of a privileged nature only the total amount of such transactions shall be required to be reported, and names, dates, amounts of individual transactions, and other identifying data may be omitted; and for this purpose 'transactions of a privileged nature' shall include transactions between attorney and client, transactions between psychiatrist and patient, transactions between physician and patient, and any other transactions which are by law of a similar privileged and confidential nature. (3) The financial disclosure statement required by paragraph (1) of this subsection shall be accompanied by a financial statement of the candidates financial affairs for the calendar year prior to the year in which the election is held and the first quarter of the calendar year in which the election is held. (4)(A) As used in this subsection, the term: (i)(A) 'Agency' means any agency, authority, department, board, bureau, commission, committee, office, or instrumentality of the State of Georgia or any political subdivision of the State of Georgia. (ii)(B) 'Financial statement' means a statement of a candidates financial affairs in a form substantially equivalent to the short form financial statement required for bank directors under the rules of the Department of Banking and Finance. (B) As used in this subsection, the term:
(i) 'Member of the family' includes the candidates spouse and dependent children; and (ii)(C) 'Person' and 'transact business' shall have the meanings specified in Code Section 45-10-20. (iii)(D) 'Substantial interest' means the direct or indirect ownership of 10 percent or more of the assets or stock of any business. (5) Notwithstanding any other provisions of this subsection, if, due to a special election or otherwise, a person does not qualify as a candidate for nomination or election to public office until after the filing date otherwise applicable, such person shall make the filings required by this subsection within seven days after so qualifying. (d) Beginning January 9, 2006, all state-wide elected officials and members of the General Assembly shall file financial disclosure statements electronically. Prior to such date electronic filing of financial disclosure statements by such persons is permitted and encouraged but not required.

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(e) Where the financial disclosure statement required by paragraph (1) of subsection (a) of this Code section is filed electronically, the public officer, as that term is defined in subparagraphs (A) through (E) of paragraph (22) of Code Section 21-5-3, shall submit a notarized affidavit certifying that the electronic filing is correct and no paper copy of the financial disclosure statement shall be required to be filed. (f) Any disclosure report, statement, or other document required to be filed under this chapter which is in the possession of the Secretary of State shall be transferred to the commission."
SECTION 18. Said chapter is further amended by striking Code Section 21-5-52, relating to filing by mail, and inserting in lieu thereof the following:
"21-5-52. Depositing of a properly addressed financial disclosure statement in the United States mails with adequate postage affixed shall constitute filing on the date of mailing. (a) The mailing of notarized financial disclosure affidavits by United States mail, with adequate postage affixed, within the required filing time as determined by the official United States postage date cancellation, shall be prima-facie evidence of filing. (b) It shall be the duty of the commission or any other officer or body which receives for filing any disclosure document required to be filed under this chapter to maintain with the filed document a copy of the postal markings or statutory overnight delivery service markings of any envelope, package, or wrapping in which the document was delivered for filing if mailed or sent after the date such filing was due."
SECTION 19. Said chapter is further amended by striking Code Section 21-5-70, relating to definitions, and inserting in lieu thereof the following:
"21-5-70. As used in this article, the term:
(1) 'Expenditure': (A) Means a purchase, payment, distribution, loan, advance, deposit, or conveyance of money or anything of value made for the purpose of influencing the actions of any public officer or public employee; (B) Includes any other form of payment when such can be reasonably construed as designed to encourage or influence a public officer; (C) Includes any gratuitous transfer, payment, subscription, advance, or deposit of money, services, or anything of value, unless consideration of equal or greater value is received; (D) Notwithstanding division (x) of subparagraph (E) of this paragraph, includes food or beverage consumed at a single meal or event by a public officer or public employee or a member of the immediate family of such public officer or public employee; and (E) The term shall not include:

FRIDAY, MARCH 4, 2005

1417

(i) The value of personal services performed by persons who serve voluntarily without compensation from any source; (ii) A gift received from a member of the public officers immediate family; (iii) Legal compensation or expense reimbursement provided public employees and public officers in the performance of their duties; (iv) Promotional items generally distributed to the general public or to public officers and food and beverages produced in Georgia; (v) An award, plaque, certificate, memento, or similar item given in recognition of the recipients civic, charitable, political, professional, or public service; (vi) Legitimate salary, benefits, fees, commissions, or expenses associated with a recipients nonpublic business, employment, trade, or profession; (vii) Food, beverages, and registration at group events to which all members of an agency, as defined in paragraph (1) of subsection (a) of Code Section 21-5-30.2, are invited. An agency shall include the Georgia House of Representatives, the Georgia Senate, committees and subcommittees of such bodies, and the governing body of each political subdivision of this state; (viii) Campaign contributions or expenditures reported as required by Article 2 of this chapter; (ix) A commercially reasonable loan made in the ordinary course of business; or (x) Food, beverage, or expenses afforded public officers, members of their immediate families, or others that are associated with normal and customary business or social functions or activities. (2) 'Filed' means the delivery to the State Ethics Commission commission, as specified in this article, of a document that satisfies the requirements of this article. A document is considered delivered when it is placed in the United States mail within the required filing time, properly addressed to the State Ethics Commission commission, as specified in this article, with adequate postage affixed. (3) 'Identifiable group of public officers' means a description that is specifically determinable by available public records. (4) 'Immediate family' means a spouse or child. (5)(4) 'Lobbying' means the activity of a lobbyist while acting in that capacity. (6)(5) 'Lobbyist' means: (A) Any natural person who, for compensation, either individually or as an employee of another person, undertakes to promote or oppose the passage of any legislation by the General Assembly, or any committee thereof, or the approval or veto of legislation by the Governor; (B) Any natural person who makes a total expenditure of more than $250.00 in a calendar year, not including the persons own travel, food, lodging expenses, or informational material to promote or oppose the passage of any legislation by the General Assembly, or any committee thereof, or the approval or veto of legislation by the Governor; (C) Any natural person who as an employee of the executive branch or judicial branch of state government engages in any activity covered under subparagraph (A)

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of this paragraph; (D) Any natural person who, for compensation, either individually or as an employee of another person, undertakes to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (15) (22) of Code Section 21-5-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution; (E) Any natural person who makes a total expenditure of more than $250.00 in a calendar year, not including the persons own travel, food, lodging expenses, or informational material to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (15) (22) of Code Section 21-5-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution; or (F) Any natural person who as an employee of the executive branch or judicial branch of local government engages in any activity covered under subparagraph (D) of this paragraph.; or (G) Any natural person who, for compensation, either individually or as an employee of another person is hired specifically to undertake influencing a public officer or state agency in the selection of a vendor to supply any goods or services to any state agency but does not include any employee of the vender solely on the basis that such employee participates in soliciting a bid or in preparing a written bid, written proposal, or other document relating to a potential sale to a state agency. (7)(6) 'Public officer' means those public officers specified under subparagraphs (A) through (G) of paragraph (15) (22) of Code Section 21-5-3, as amended, except as otherwise provided in this article and also includes any public officer or employee who has any discretionary authority over, or is a member of a public body which has any discretionary authority over, the selection of a vendor to supply any goods or services to any state agency. (7) 'State agency' means any branch of state government, agency, authority, department, board, bureau, commission, council, corporation, entity, or instrumentality of the state but does not include a local political subdivision, such as a county, city, or local school district or an instrumentality of such a local political subdivision. (8) 'Vendor' means any person who sells to or contracts with any state agency for the provision of any goods or services."
SECTION 20. Said chapter is further amended by striking Code Section 21-5-71, relating to lobbyist registration requirements, including the application, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions, and inserting in lieu thereof the following:
"21-5-71. (a) No person shall engage in lobbying as defined by this article unless such person is registered with the State Ethics Commission commission as a lobbyist. The

FRIDAY, MARCH 4, 2005

1419

administration of this article is vested in the State Ethics Commission commission. The State Ethics Commission shall be the successor to the Secretary of State with respect to such officers former regulation of registered agents. (b) Each lobbyist shall file an application for registration with the commission. The application shall be verified by the applicant and shall contain:
(1) The applicants name, address, and telephone number; (2) The name, address, and telephone number of the person or agency that employs, appoints, or authorizes the applicant to lobby on its behalf; (3) A statement of the general business or purpose of each person, firm, corporation, association, or agency the applicant represents; (4) If the applicant represents a membership group other than an agency or corporation, the general purpose and approximate number of members of the organization; and (5) A statement signed by the person or agency employing, appointing, or authorizing the applicant to lobby on its behalf; (6) If the applicant is a lobbyist within the meaning of subparagraph (G) of paragraph (5) of Code Section 21-5-70, the name of the state agency or agencies before which the applicant engages in lobbying; and (7) A statement disclosing each individual or entity on whose behalf the lobbyist is registering if such individual or entity has agreed to pay him or her an amount exceeding $20,000.00 in a calendar year for lobbying activities. (c) The lobbyist shall, within seven days of any substantial or material change or addition, file a supplemental registration indicating such substantial or material change or addition to the registration prior to its expiration. Previously filed information may be incorporated by reference. Substantial or material changes or additions shall include, but are not limited to, the pertinent information concerning changes or additions to client and employment information required by paragraphs (2), (3), and (4), and (6) of subsection (b) of this Code section. (d) Each registration under this Code section shall expire on December 31 of each year. The commission may establish renewal procedures for those applicants desiring continuous registrations. Previously filed information may be incorporated by reference. (e) The commission shall provide a suitable public docket for registration under this Code section with appropriate indices and shall enter promptly therein the names of the lobbyists and the organizations they represent. (f)(1) Each person registering under this Code section shall pay the registration fees set forth in paragraph (2) of this subsection; provided, however, that a person who represents any state, county, municipal, or public agency, department, commission, or authority shall be exempted from payment of such registration fees and a person employed by an organization exempt from federal income taxation under Section 501(c)(3) or 501(c)(4) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2, shall be exempted from payment of such registration fees except for payment of an initial registration fee of $25.00.

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(2) The commission shall collect the following fees: (A) Annual lobbyist registration filed pursuant to this Code section ............ $200.00

(B) Lobbyist supplemental registration filed pursuant to this Code section

10

(C) Each lobbyist identification card issued pursuant to this Code section

5

(D) In addition to other penalties provided under this chapter, a filing fee of $50.00 shall be imposed for each report that is filed late. In addition, a filing fee of $25.00 shall be imposed on the fifteenth day after the due date if the report has still not been filed.
(g) As soon as practicable after registering any such person, the commission shall issue to such person an identification card which shall have printed thereon the name of the lobbyist and the person or agency such lobbyist represents, provided that, when any such person represents more than one entity, such identification card shall have printed thereon the name of the registered person and the word 'LOBBYIST.' Each lobbyist while engaged in lobbying at the capitol or in a government facility shall display said identification in a readily visible manner. (h) The commission shall regularly publish public rosters of lobbyists along with the respective persons, firms, corporations, associations, agencies, or governmental entities they represent. During sessions of the General Assembly, the commission shall weekly report to the Clerk of the House of Representatives, the Secretary of the Senate, and the Governor those persons who have registered as lobbyists since the convening of the General Assembly. The commission shall be authorized to charge a reasonable fee for providing copies of the roster to the public. (i) The registration provisions of this Code section shall not apply to:
(1) Any individual who expresses personal views, on that individuals own behalf, to any public officer; (2) Any person who appears before a public agency or governmental entity committee or hearing for the purpose of giving testimony when such person is not otherwise required to comply with the registration provisions of this Code section; (3) Any public employee of an agency appearing before a governmental entity committee or hearing at the request of the governmental entity or any person who furnishes information upon the specific request of a governmental entity; (4) Any licensed attorney appearing on behalf of a client in any adversarial proceeding before an agency of this state; (5) Any person employed or appointed by a lobbyist registered pursuant to this Code section whose duties and activities do not include lobbying; (6) Elected public officers performing the official duties of their public office; and (7) A public employee who performs services at the direction of a member of the General Assembly including, but not limited to, drafting petitions, bills, or resolutions; attending the taking of testimony; collating facts; preparing arguments and memorials and submitting them orally or in writing to a committee or member of

FRIDAY, MARCH 4, 2005

1421

the General Assembly; and other services of like character intended to reach the reason of the legislators."
SECTION 21. Said chapter is further amended by striking Code Section 21-5-73, relating to disclosure reports, and inserting in lieu thereof the following:
"21-5-73. (a) Each lobbyist registered under this article shall file disclosure reports as provided for in this Code section. (b) A person who is a lobbyist pursuant to subparagraph (A), (B), or (C) of paragraph (5) of Code Section 21-5-70 shall file a monthly disclosure report, current through the end of the preceding month, shall be filed on or before the fifth day of any month while the General Assembly is in session. (c) A person who is a lobbyist pursuant to subparagraph (D) or (E) of paragraph (6) (5) of Code Section 21-5-70 shall:
(1) File file a disclosure report, current through the end of the preceding month, on or before the fifth day of May, September, and January of each year instead of the reports otherwise required by subsection (c) subsections (b) and (d) of this Code section and the first sentence of this subsection; and (2) File file such report with the commission, file a copy of such report with the election superintendent of each county involved if the report contains any expenditures relating to county or county school district affairs, and file a copy of such report with the municipal clerk (or if there is no municipal clerk, with the chief executive officer of the municipality) of each municipality involved if the report contains any expenditures relating to municipal affairs or independent school district affairs. (c)(d) A person who is a lobbyist pursuant to subparagraph (A), (B), (C), (F), or (G) of paragraph (5) of Code Section 21-5-70 shall file a disclosure report, current through the end of the period ending on July 31 and December 31 of each year, shall be filed on or before August 5 and January 5 of each year. (d)(e) Reports filed by lobbyists shall be verified and shall include: (1) A description of all expenditures, as defined in Code Section 21-5-70, or the value thereof made by the lobbyist or employees of the lobbyist on behalf or for the benefit of a public officer. The description of each reported expenditure shall include:
(A) The name and title of the public officer or, if the expenditure is simultaneously incurred for an identifiable group of public officers the individual identification of whom would be impractical, a general description of that identifiable group; (B) The amount, date, and description of the expenditure; (C) The provisions of Code Section 21-5-70 notwithstanding, aggregate expenditures described in divisions (1)(E)(vii) and (1)(E)(x) of Code Section 21-570 incurred during the reporting period; provided, however, expenses for travel and for food, beverage, and lodging in connection therewith afforded a public officer

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shall be reported in the same manner as under subparagraphs (A), (B), and (D) of this paragraph; and (D) If applicable, the number of the bill, resolution, ordinance, or regulation pending before the governmental entity in support of or opposition to which the expenditure was made; and (2) The names of any members of the immediate family of a public officer employed by or whose professional services are paid for by the lobbyist during the reporting period. (3)(2) For those who are lobbyists within the meaning of subparagraph (G) of paragraph (5) of Code Section 21-5-70, the name of any vendor or vendors for which the lobbyist undertook to influence the awarding of a contract or contracts by any state agency together with a description of the contract or contracts and the monetary amount of the contract or contracts. (f) The reports required by this article shall be in addition to any reports required under Code Section 45-1-6, relating to required reports by state vendors of gifts to public employees. Compliance with this Code section shall not excuse noncompliance with that Code section, and compliance with that Code section shall not excuse noncompliance with this Code section, notwithstanding the fact that in some cases the same information may be required to be disclosed under both Code sections."
SECTION 22. Said chapter is further amended by adding new Code Sections 21-5-74, 21-5-75, and 215-76 to follow Code Section 21-5-73 to read as follows:
"21-5-74. A lobbyist shall not be eligible for executive appointment to any board, authority, commission, or bureau created and established by the laws of this state which regulates the activities of a business, firm, corporation, or agency that the lobbyist represented until one year after the expiration of the lobbyists registration.
21-5-75. (a) Except as provided in subsection (b) of this Code section, on and after January 1, 2006, persons identified in subparagraphs (A) through (D) of paragraph (22) of Code Section 21-5-3 and the executive director of each state board or authority shall be prohibited from registering as a lobbyist or engaging in lobbying under this article for a period of one year after terminating such employment or leaving such office. (b) The lobbying prohibition contained in subsection (a) of this Code section shall not apply to persons who terminate such employment or leave such office but who remain employed in state government.
21-5-76. (a) No person, firm, corporation, or association shall retain or employ an attorney at law or an agent to aid or oppose legislation for compensation contingent, in whole or in part, upon the passage or defeat of any legislative measure or upon the receipt or award

FRIDAY, MARCH 4, 2005

1423

of any state contract. No attorney at law or agent shall be employed to aid or oppose legislation for compensation contingent, in whole or in part, upon the passage or defeat of any legislation or upon the receipt or award of any state contract. (b) It shall be unlawful for any person registered pursuant to the requirements this article or for any other person, except as authorized by the rules of the House of Representatives or Senate, to be on the floor of either chamber of the General Assembly while the same is in session."
SECTION 23. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking paragraph (2.1) of Code Section 36-67A-1, relating to definitions for conflicts of interest in zoning actions, and inserting in lieu thereof the following:
"(2.1) 'Campaign contribution' means a 'contribution' as defined in paragraph (6) (7) of Code Section 21-5-3."
SECTION 24. Title 45 of the Official Code of Georgia Annotated, relating to public officers, is amended by adding a new part to the end of Article 2 of Chapter 10, relating to conflicts of interest, to read as follows:
"Part 5
45-10-80. (a) A public officer as defined in subparagraphs (A) through (E) of paragraph (22) of Code Section 21-5-3, is prohibited from advocating for or causing the advancement, appointment, employment, promotion, or transfer of a member of his or her family as such term is defined in Code Section 21-5-3, to an office or position to become a public employee as defined in paragraph (3) of Code Section 45-1-4 that pays an annual salary of $10,000.00 or more or its equivalent. (b) Any person advanced, appointed, employed, promoted, or transferred in violation of this Code section shall not be entitled to any payment, salary, or benefits received for any position so illegally obtained; and any person who receives payment, salary, or benefits for a position obtained in violation of this Code section shall be required to reimburse the state for all amounts so received."
SECTION 25. Said title is further amended by adding a new Code Section 45-12-61 to follow Code Section 45-12-60 to read as follows:
"45-12-61. (a) As used in this Code section, the terms 'campaign committee,' 'contribution,' and 'expenditure' shall have the meanings set forth in Code Section 21-5-3. (b) No person shall be eligible for appointment to fill a vacancy on the Supreme Court, the Court of Appeals, the superior courts, or the state courts if such person has made a

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contribution to or expenditure on behalf of the Governor or the Governors campaign committee either: (1) in the 30 day period preceding the vacancy, unless the person requests and is provided a refund of such contribution or reimbursement for such expenditure; or (2) on or after the date the vacancy occurs."

SECTION 26. The provisions of this Act which increase penalties or punishment to be imposed shall not apply to any violation occurring prior to January 9, 2006.

SECTION 27. This Act shall become effective on January 9, 2006.

SECTION 28. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Wilkinson of the 52nd moves to amend the Committee substitute to HB 48 by striking line 2 on page 2 and inserting in lieu thereof the following:

"to repeal conflicting laws; and for other purposes."

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 Abdul-Salaam Y Amerson N Anderson Y Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J E Fludd

N Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S
Jordan

Y Maxwell Y May E McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre

FRIDAY, MARCH 4, 2005

1425

Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B E Coleman, T Y Cooper Y Cox

Y Forster Y Franklin
Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J E Heard, K Y Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A

Y Keen E Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Oliver Y O'Neal Y Orrock
Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 163, nays 3.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Jordan of the 77th 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.

I voted against HB 48 because I believe by voting for it I would have participated in perpetuating the weak laws Georgia has on ethics. While this bill might be better than nothing, we should instead have been given the opportunity to vote for a strong ethics bill or at least to amend this one to make it stronger. We were not. In fact, under the way this bill has come to us, we are prohibited from even proposing an amendment.

Tom Bordeaux of the 162nd

The following Resolution of the House was read:

HR 432. By Representative Richardson of the 19th:

A RESOLUTION

Selecting Mr. Jeff Israel of Dallas as a member of the State Election Board to fill a vacancy on the board and to serve for a full term of office on the board; and for other purposes.

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WHEREAS, Code Section 21-2-30 of the Official Code of Georgia Annotated provides that the membership of the State Election Board shall include a person to be elected by a majority vote of the House of Representatives of the General Assembly at its regular session held in each odd-numbered year; and

WHEREAS, there currently exists a vacancy in that position on the board and a vacancy existing in that position when the General Assembly is in session is likewise filled by majority vote of the House; and

WHEREAS, Article III, Section IV, Paragraph X of the Constitution provides that all elections by either house of the General Assembly shall be by recorded vote appearing on the journal; and

WHEREAS, Article III, Section IV, Paragraph IV of the Constitution provides that each house of the General Assembly shall determine its rules of procedure.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the introduction of this resolution shall constitute the nomination of Mr. Jeff Israel, of 200 Brooks Rackley Road, Dallas, Georgia, as a member of the State Election Board and the adoption of this resolution by recorded vote of a majority of the members to which the House is entitled, appearing on the journal, shall constitute the election of Mr. Israel as a member of the State Election Board both to fill the current vacancy in the position on the board which is elected by the House for the remainder of the unexpired term and also for a full term of two years beginning on the day following the adjournment of the 2005 regular session of the General Assembly and until his successor is elected and qualified.

BE IT FURTHER RESOLVED that the Clerk of the House is authorized and directed to transmit appropriate copies of this resolution to the Secretary of State and to Mr. Jeff Israel.

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

Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England

Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins

Y Maxwell Y May E McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris
Mosby

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L

FRIDAY, MARCH 4, 2005

1427

Y Borders Y Bridges Y Brooks Y Brown
Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns
Butler Y Byrd Y Carter
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B E Coleman, T Y Cooper Y Cox

Y Epps Y Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J E Heard, K Y Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A

E Jennings Y Johnson Y Jones, J Y Jones, S
Jordan Y Keen E Keown Y Kidd Y Knight Y Knox Y Lakly
Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock
Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the adoption of the Resolution, the ayes were 159, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

The following supplemental Rules Calendar was read and adopted:

HOUSE SUPPLEMENTAL RULES CALENDAR FRIDAY, MARCH 4, 2005

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 4, 2005, by adding the following:

DEBATE CALENDAR

Open Rule

HB 664

Corrections, Board and Department; appearances by General Assembly members

Modified Open Rule

None

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Modified Structured Rule

None

Structured Rule

HB 665

Public employees; fraud, waste, and abuse; complaints or information

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

Respectfully submitted, /s/ Ehrhart of the 36th
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 664. By Representatives Golick of the 34th, Roberts of the 154th and Smith of the 129th:

A BILL to be entitled an Act to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide for limitations relative to appearances before the Board of Corrections or the Department of Corrections by members of the General Assembly or state elected or appointed officials; to provide for criminal penalties; to change certain provisions relating to appearances before the Board of Pardons and Paroles by members of the General Assembly or state elected or appointed officials; to provide for related matters; to repeal conflicting laws; and for other purposes.

Representative Keen of the 179th moved that further consideration of HB 664 be postponed until the next legislative day.

The motion prevailed.

HB 665. By Representatives Golick of the 34th, Roberts of the 154th and Smith of the 129th:

A BILL to be entitled an Act to amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relating to public officers and employees, so as to change certain provisions relating to complaints or information regarding fraud, waste, and abuse in state

FRIDAY, MARCH 4, 2005

1429

programs and operations; 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 Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard Y Barnes Y Bearden
Beasley-Teague N Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce N Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B E Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson E Dollar N Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H
Floyd, J E Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J E Heard, K Y Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley N Jackson Y Jacobs Y James N Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen E Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May E McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q
Neal Y Oliver Y O'Neal Y Orrock
Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice E Roberts Y Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Warren Y Watson Y Wilkinson
Willard Y Williams, A N Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 151, nays 7.

The Bill, having received the requisite constitutional majority, was passed.

Representative Dean of the 59th 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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We favor protecting whistleblowers, but this bill should have included protection for public school teachers. We were prohibited from proposing amendments and therefore could not support this inadequate legislation.
Tom Bordeaux of the 162nd Stephanie Benfield of the 85th
The following Resolution of the House was read and referred to the Committee on Rules:
HR 433. By Representative Stanley-Turner of the 53rd:
A RESOLUTION commending and expressing support and appreciation to the Moore family for their outstanding efforts in establishing the Mattie Call Foundation and inviting the family to appear before the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 427. By Representative McCall of the 30th:
A RESOLUTION designating the second week of March 2005 as "Extension Living Well Week" in Georgia; and for other purposes.
HR 431. By Representatives Scheid of the 22nd, Byrd of the 20th, Hill of the 21st and Murphy of the 23rd:
A RESOLUTION recognizing and commending Mr. Jeff Duncan; and for other purposes.
HR 434. By Representative Oliver of the 83rd:
A RESOLUTION welcoming and commending the visiting Ukranian delegation and expressing appreciation to Friendship Force International for its local support of this exchange program; and for other purposes.
HR 435. By Representatives Burkhalter of the 50th, Coleman of the 144th, Richardson of the 19th and Keen of the 179th:
A RESOLUTION commending Honorable Jimmy Skipper; and for other purposes.
HR 436. By Representative Anderson of the 123rd:

FRIDAY, MARCH 4, 2005

1431

A RESOLUTION honoring Mrs. Eula Brown on the grand occasion of her 100th birthday; and for other purposes.
HR 437. By Representative Walker of the 107th:
A RESOLUTION recognizing and commending Mr. John Tyner for his 20 years of service to Norcross First United Methodist Church; and for other purposes.
HR 438. By Representatives Sims of the 151st, Dukes of the 150th and Rynders of the 152nd:
A RESOLUTION honoring and recognizing Gordon Ozell Wright, Sr., and Dorothy Barbre Wright on the occasion of their 70th wedding anniversary; and for other purposes.
HR 439. By Representatives Harbin of the 118th, Fleming of the 117th and Burmeister of the 119th:
A RESOLUTION commending Ashley L. Foster; and for other purposes.
HR 440. By Representatives Coleman of the 97th, Casas of the 103rd, Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th and others:
A RESOLUTION celebrating the birth of Mary Elisabeth "Ellie" Casas; and for other purposes.
HR 441. By Representative Coleman of the 97th:
A RESOLUTION commending Georgia State Wrestling Champion Kendall Albert; and for other purposes.
Representative Knox of the 24th 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 House and has instructed me to report the same back to the House with the following recommendation:
HB 371 Do Not Pass

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JOURNAL OF THE HOUSE

Respectfully submitted, /s/ Knox of the 24th
Chairman
Representative Wilkinson of the 52nd assumed the chair.
Representative Keen of the 179th moved that the House do now adjourn until 10:00 A.M., Thursday, March 10, 2005, and the motion prevailed.
Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 A.M., Thursday, March 10, 2005.

THURSDAY, MARCH 10, 2005

1433

Representative Hall, Atlanta, Georgia

Thursday, March 10, 2005

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:

Abdul-Salaam Amerson Anderson Ashe E Barnes Bearden Benton Black Brooks Brown Bruce E Bryant Buckner, D Buckner, G Burns Butler Byrd Carter Casas Chambers Coan Cole Coleman, B E Coleman, T Cox Crawford Cummings

Day Dickson E Dodson E Dollar Drenner England Fleming Floyd, J Forster Franklin Freeman Gardner Golick Graves, D Graves, T Greene Harbin Hatfield Heard, J Hembree E Henson Hill, C Hill, C.A Holmes Holt Horne Howard

Hugley Jackson Jacobs Jamieson Jenkins Jennings Jones, J Jones, S Keen Keown Kidd Knight Lakly Lane, B Lane, R Lewis Lindsey Lord Loudermilk Lucas Lunsford Maddox Mangham Marin Maxwell May

E McCall Meadows Miller Mills Mitchell Morgan Mosley Mumford Murphy, J Murphy, Q Neal Oliver O'Neal Orrock Parham Parsons Porter Powell Randall Reece, S Reese Roberts Royal Rynders Scheid Scott, A

Scott, M Setzler Shaw Sheldon Sims, C Sims, F Sinkfield Smith, B Smith, L Smith, P Smith, R Smith, V Stanley-Turner Stephens Talton Teilhet Thomas, B Tumlin Walker Warren Wilkinson Willard Williams, E Williams, R Wix Richardson, Speaker

The following members were off the floor of the House when the roll was called:

Representatives Barnard of the 166th, Beasley-Teague of the 65th, Benfield of the 85th, Borders of the 175th, Bridges of the 10th, Burkhalter of the 50th, Burmeister of the 119th, Channell of the 116th, Davis of the 109th, Dean of the 59th, Dukes of the 150th, Ehrhart of the 36th, Epps of the 128th, Fludd of the 66th, Hanner of the 148th, Heard of the 114th, Heckstall of the 62nd, Houston of the 170th, Hudson of the 124th, James of the 135th, Johnson of the 37th, Jordan of the 77th, McClinton of the 84th, Millar of the 79th, Parrish of the 156th, Ralston of the 7th, Ray of the 136th, Reece of the 11th, Rice of the 51st, Rogers of the 26th, Sailor of the 93rd, Smyre of the 132nd, Stephenson of the 92nd, Thomas of the 55th, Williams of the 165th, and Yates of the 73rd.

They wish to be recorded as present.

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House of Representatives Legislative Office Building, Room 504
Atlanta, Georgia 30334
March 8, 2005 Mr. Robbie Rivers Georgia State Capitol Atlanta, GA 30334
Dear Mr. Rivers,
On March 2, 2005, I had a doctor's appointment at the time we were in session. Please excuse me for the day. Thank you for your help.
Sincerely yours, Sbt Sharon Beasley-Teague
Prayer was offered by the Reverend Dr. Joseph E. Lowery, Chair and Convener, Georgia Coalition for the Peoples Agenda, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Heard of the 104th, Chairman of the Committee on Information and Audits, 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.

THURSDAY, MARCH 10, 2005

1435

6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 44. By Representatives Randall of the 138th, Porter of the 143rd, Holmes of the 61st, Hugley of the 133rd, Dukes of the 150th and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to specify distribution of marital property under certain circumstances; to provide for counseling under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 724. By Representative McCall of the 30th:
A BILL to be entitled an Act to amend Code Section 31-2-7 of the Official Code of Georgia Annotated, relating to standards for sewage management systems, so as to provide that such Code section does not restrict certain work of a plumber licensed by the Construction Industry Licensing Board; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 726. By Representatives Rice of the 51st, Murphy of the 23rd, Dollar of the 45th and Sims of the 169th:
A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor common or contract carriers, so as to require carriers representatives to complete an educational seminar on motor carrier operation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 727. By Representatives Rice of the 51st, Murphy of the 23rd, Dollar of the 45th and Sims of the 169th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special license plates for

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JOURNAL OF THE HOUSE

certain persons and vehicles, so as to refine the method for administrative issuance of the license plates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 728. By Representatives Franklin of the 43rd, Brooks of the 63rd, Jones of the 44th, Cooper of the 41st, Walker of the 107th 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 a short title; to define certain terms; to provide for a state-wide alert system for missing disabled adults; to provide for rules and regulations; to provide for cooperation with broadcasters; to provide for calling an alert; to provide for conditions; to provide that the Georgia Lottery Corporation shall devise a method of notifying vendors in an alert area of the alert; to provide for termination of an alert; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Human Relations & Aging.
HB 729. By Representatives Carter of the 159th and Ray of the 136th:
A BILL to be entitled an Act to amend Title 43 of the O.C.G.A., relating to professions and businesses, so as to regulate the practice of microbial professionals; to provide a short title; to provide legislative findings; to provide definitions; to create the State Licensing Board for Microbial Professionals; to provide for the composition and operation of the board; to provide for board powers and duties; to provide for minimum qualifications for licensure as a microbial professional; to provide for application, fees, and renewals; to provide for denial, suspension, discipline, and revocation of licenses; to provide for a code of professional conduct; to provide for the practice of licensed microbial professionals through the medium of a sole proprietorship, partnership, limited liability company, or corporation; to require licensure of persons engaged in the microbial profession; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 730. By Representative Jackson of the 161st:
A BILL to be entitled an Act to amend Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to

THURSDAY, MARCH 10, 2005

1437

municipal corporations, so as to provide for maximum sentences of six months for violations of municipal ordinances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 731. By Representatives Borders of the 175th and Black of the 174th:
A BILL to be entitled an Act 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, 2006, 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.
Referred to the Committee on Retirement.
HB 732. By Representatives Day of the 163rd, Cox of the 102nd, Neal of the 1st, Horne of the 71st and James of the 135th:
A BILL to be entitled an Act to amend Code Section 40-14-5 of the Official Code of Georgia Annotated, relating to testing of radar devices and removal of inaccurate devices from service, so as to provide for requesting testing of laser devices for accuracy; to provide for notice; to provide for the effect of failure of a device to meet minimum accuracy requirements; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety.
HB 733. By Representatives Lewis of the 15th, Loudermilk of the 14th and Graves of the 12th:
A BILL to be entitled an Act to amend an Act providing for the compensation of the chief magistrate of the Magistrate Court of Bartow County, approved March 18, 1985 (Ga. L. 1985, p. 3788), as amended, so as to change the compensation of the chief magistrate and the provisions related thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE

Referred to the Committee on State Planning & Community Affairs - Local.
HB 736. By Representatives Byrd of the 20th, Hill of the 21st, Scheid of the 22nd and Murphy of the 23rd:
A BILL to be entitled an Act to authorize the City of Canton 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.
HB 738. By Representatives Lunsford of the 110th, Murphy of the 23rd, Lucas of the 139th, Lewis of the 15th, Martin of the 47th and others:
A BILL to be entitled an Act to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, the "Georgia Emergency Telephone Number '911' Service Act of 1977," so as to define a certain term; to provide for a fee for noncontract prepaid wireless service; to reconstitute the Joint Study Committee on Wireless "911" Charges; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Utilities & Telecommunications.
HB 739. By Representative Hembree of the 67th:
A BILL to be entitled an Act to amend Part 3 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of mobile homes, the issuance of location permits for mobile homes, and the return for taxation thereof, so as to change the date on which returns and payment of taxes are due; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HR 428. By Representatives Hill of the 21st, Scheid of the 22nd, Ralston of the 7th, Byrd of the 20th and Setzler of the 35th:
A RESOLUTION creating the House Study Committee on Tobacco Tax Evasion; and for other purposes.

THURSDAY, MARCH 10, 2005

1439

Referred to the Committee on Special Rules.

HR 430. By Representatives Mosley of the 178th, Keen of the 179th, Smith of the 168th, Lunsford of the 110th, Hill of the 180th and others:

A RESOLUTION urging the State of Georgia to promote tourism in Georgia by adding the www.seegeorgia.com website to the top of its license plates and by listing Georgia's tourist destinations on the site; and for other purposes.

Referred to the Committee on Economic Development & Tourism.

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

HB 702 HB 703 HB 704 HB 705 HB 706 HB 707 HB 708 HB 709 HB 710 HB 711 HB 712 HB 713 HB 715 HB 716 HB 717 HB 718 HB 719 HB 720 HB 721 HB 722 HB 723 HB 725 HB 734 HB 735 HB 737

HR 410 HR 412 HR 413 HR 414 HR 415 HR 416 SB 13 SB 25 SB 62 SB 93 SB 112 SB 122 SB 134 SB 150 SB 155 SB 160 SB 166 SB 167 SB 195 SB 197 SB 204 SB 208 SB 224 SR 161

Representative Harbin of the 118th District, Chairman of the Committee on Appropriations, submitted the following report:

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JOURNAL OF THE HOUSE

Mr. Speaker:

Your Committee on Appropriations has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 509 Do Pass, by Substitute HR 108 Do Pass, by Substitute

Respectfully submitted, /s/ Harbin of the 118th
Chairman

Representative Coleman of the 97th District, 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 House and has instructed me to report the same back to the House with the following recommendations:

HB 252 Do Pass, by Substitute HB 462 Do Pass, by Substitute

HB 629 Do Pass, by Substitute HB 689 Do Pass, by Substitute

Respectfully submitted, /s/ Coleman of the 97th
Chairman

Representative Lane of the 158th District, Chairman of the Committee on Game, Fish and Parks, submitted the following report:

Mr. Speaker:

Your Committee on Game, Fish and Parks 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 662 Do Pass, by Substitute

Respectfully submitted, /s/ Lane of the 158th
Chairman

THURSDAY, MARCH 10, 2005

1441

Representative Scott of the 153rd 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 Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 437 HB 469 HB 472 HB 597

Do Pass Do Pass, by Substitute Do Pass Do Pass, by Substitute

HB 659 Do Pass HB 678 Do Pass HR 296 Do Pass

Respectfully submitted, /s/ Scott of the 153rd
Chairman

Representative Knox of the 24th District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:

Your Committee on Insurance 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 290 HB 375 HB 388 HB 425

Do Pass, by Substitute Do Pass, by Substitute Do Pass Do Pass

HB 524 Do Pass HB 683 Do Pass, by Substitute SB 140 Do Pass

Respectfully submitted, /s/ Knox of the 24th
Chairman

Representative Willard of the 49th District, 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 House and Senate and has instructed me to report the same back to the House with the following recommendations:

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HB 150 HB 192 HB 221 HB 268 HB 368 HB 376 HB 489 HB 500

Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass Do Pass, by Substitute Do Pass, by Substitute Do Pass Do Pass, by Substitute

HB 514 HB 561 HB 669 HB 677 HB 684 SB 53 SB 121

Do Pass Do Pass, by Substitute Do Pass, by Substitute Do Pass Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute

Respectfully submitted, /s/ Willard of the 49th
Chairman

Representative Ralston of the 7th District, Chairman of the Committee on Judiciary Non-civil, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary Non-civil 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 170 Do Pass, by Substitute HB 325 Do Pass, by Substitute HB 535 Do Pass HB 591 Do Pass HB 594 Do Pass, by Substitute

HB 690 Do Pass, by Substitute HB 718 Do Pass HB 719 Do Pass SB 89 Do Pass SB 146 Do Pass

Respectfully submitted, /s/ Ralston of the 7th
Chairman

Representative Rice of the 51st 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 has instructed me to report the same back to the House with the following recommendations:

HB 135 Do Pass, by Substitute HB 141 Do Pass

HB 513 Do Pass, by Substitute HB 577 Do Pass, by Substitute

THURSDAY, MARCH 10, 2005

1443

HB 276 Do Pass HB 455 Do Pass, by Substitute HB 501 Do Pass, by Substitute

HB 654 Do Pass, by Substitute HR 214 Do Pass

Respectfully submitted, /s/ Rice of the 51st
Chairman

Representative Lewis of the 15th 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:

HB 470 Do Pass, by Substitute

Respectfully submitted, /s/ Lewis of the 15th
Chairman

The following Resolution of the House, referred to the House Rules Subcommittee on Invites, was reported by the Committee on Rules with the following recommendation:

HR 368 Do Pass

Representative Amerson of the 9th District, Chairman of the Committee on Science & Technology, submitted the following report:

Mr. Speaker:

Your Committee on Science & Technology 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 648 Do Pass

Respectfully submitted, /s/ Amerson of the 9th
Chairman

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JOURNAL OF THE HOUSE

Representative Hill of the 21st District, Chairman of the Committee on Special Rules, submitted the following report:

Mr. Speaker:

Your Committee on Special 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 297 Do Pass

Respectfully submitted, /s/ Hill of the 21st
Chairman

Representative Smith of the 168th District, 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 671 HB 674 HB 676 HB 696

Do Pass Do Pass Do Pass Do Pass

HB 697 Do Pass HB 699 Do Pass HB 700 Do Pass

Respectfully submitted, /s/ Smith of the 168th
Chairman

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

HOUSE RULES CALENDAR THURSDAY, MARCH 10, 2005

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 29th Legislative Day as enumerated below:

THURSDAY, MARCH 10, 2005

1445

DEBATE CALENDAR

Open Rule HB 17
HB 36 HB 37 HB 83
HB 103 HB 149 HB 292 HB 312 HB 320 HB 346 HB 347 HB 378 HB 458 HB 608
HR 240

Private detective and security businesses; license renewal; continuing education Municipal corporations; creation; revise provisions Sandy Springs, City of; incorporate; new charter Small Business Employee Choice of Benefits Health Insurance Plan Act; enact Tax sales; notice period; amount payable for redemption Garnishment; exempt certain IRAs Game and fish; deer hunting; amend provisions State departments; revisions and transfer of powers and duties Georgia Health Insurance Risk Pool; create Lottery for education; method of payment for tickets State crime laboratory; private contract laboratories; reports Marriage; premarital education; provide for Commercial Transportation Advisory Committee; create License to practice medicine; certain graduates; change licensure requirement Dale Earnhardt Day in Georgia; designate April 29 annually

Modified Open Rule None

Modified Structured Rule None

Structured Rule

HB 5

Sales tax exemption; certain school clothes, supplies, computer items;

limited time

HB 81

Homestead exemption; unremarried surviving spouse of deceased spouse

HB 341

Sales tax; exempt certain airline industry transactions

HB 364

Motor vehicles; certificate of title

HB 389

Income tax credits; certain businesses; less developed areas

HB 442

Occupation taxes; administrative or regulatory fees; exemption

certification

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

Respectfully submitted, /s/ Ehrhart of the 36th
Chairman

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JOURNAL OF THE HOUSE

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 671. By Representatives Willard of the 49th, Holmes of the 61st, Thomas of the 55th, Brooks of the 63rd, Burkhalter of the 50th and others:
A BILL to be entitled an Act to amend an Act providing for the appointment of magistrates in Fulton County, approved March 18, 1983 (Ga. L. 1983, p. 4373), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 3783), so as to change the number of magistrates in Fulton County; to provide the procedure in connection with the appointment of new magistrates and provide for terms of office; 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.
HB 674. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act abolishing the present mode of compensating the clerk of superior court, the sheriff, the ordinary, and the tax commissioner of Coffee County, known as the fee system, and providing in lieu thereof annual salaries for such officers, approved February 26, 1965 (Ga. L. 1965, p. 2087), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 2508), and by an Act approved March 23, 1977 (Ga. L. 1977, p. 3699), so as to place the tax commissioner on a salary only basis; to abolish any retention of commissions by the tax commissioner; to provide that the tax commissioner shall receive the salary set forth by general law; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 676. By Representative Epps of the 128th:
A BILL to be entitled an Act to provide a new charter for the City of Warm Springs; to repeal the existing charter and all amendatory acts thereto; to provide for incorporation, boundaries, and powers of the city; to provide examples of the citys powers; to provide for a city council as the governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, and conflicts of interest relative to such governing authority; to provide for inquiries and

THURSDAY, MARCH 10, 2005

1447

investigations; to provide for eminent domain; to provide for organizational and regular and special meetings, rules of procedure, and quorums; to provide for procedures to enact ordinances, ordinances in case of emergencies, and codes of technical regulations; to provide for construction and severability; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal specific local acts; to repeal conflicting general acts; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 696. By Representatives Lunsford of the 110th, Watson of the 91st, Mosby of the 90th, Barnes of the 78th, Yates of the 73rd and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Locust Grove, approved April 7, 1976 (Ga. L. 1976, p. 4426), as amended, so as to revise certain provisions relating to membership of elected officials on boards, commissions, and authorities; 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.
HB 697. By Representatives Lunsford of the 110th, Watson of the 91st, Mosby of the 90th, Barnes of the 78th, Yates of the 73rd and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, so as to revise certain provisions relating to membership of elected officials on boards, commissions, and authorities; 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.
HB 699. By Representative Morris of the 155th:
A BILL to be entitled an Act to provide for an alternate method of distribution of the net proceeds of the sales and use tax for educational purposes authorized under Article VIII, Section VI, Paragraph IV of the Constitution of the State of Georgia between the Montgomery County School District and the City of Vidalia Independent School District located partially in Montgomery County; to provide for the authority of this Act; to provide an

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effective date; to provide for 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.

HB 700. By Representative Morris of the 155th:

A BILL to be entitled an Act to provide for an alternate method of distribution of the net proceeds of the sales and use tax for educational purposes authorized under Article VIII, Section VI, Paragraph IV of the Constitution of the State of Georgia between the Toombs County School District and the City of Vidalia Independent School District located in Toombs County; to provide for the authority of this Act; to provide an effective date; to provide for 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:

Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden
Beasley-Teague Benfield Y Benton Y Black Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Burmeister Y Burns

Y Crawford Y Cummings Y Davis Y Day
Dean Dickson E Dodson E Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Franklin Y Freeman Y Gardner Y Geisinger Golick

Y Holmes Holt
Y Horne Y Houston Y Howard
Hudson Y Hugley
Jackson Y Jacobs
James Jamieson Y Jenkins Y Jennings Y Johnson Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly

Y Maxwell Y May Y McCall
McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q
Neal Oliver Y O'Neal Y Orrock Y Parham Parrish Parsons

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B
Smith, L Y Smith, P Y Smith, R
Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Stephens
Stephenson Y Talton Y Teilhet Y Thomas, A.M

THURSDAY, MARCH 10, 2005

1449

Y Butler Y Byrd Y Carter Y Casas Y Chambers
Channell Y Cheokas
Coan Y Cole Y Coleman, B E Coleman, T Y Cooper Y Cox

Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A

Y Lane, B Y Lane, R Y Lewis Y Lindsey
Lord Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Martin

Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts
Rogers Y Royal Y Rynders

Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E
Williams, R Y Wix
Yates Richardson, Speaker

On the passage of the Bills, the ayes were 139, 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 Senate and House:

SB 6.

By Senators Stoner of the 6th, Rogers of the 21st, Hill of the 32nd, Thompson of the 33rd, Hamrick of the 30th and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to authorize the exchange of national criminal history background checks on providers of care to children, the elderly, and persons with disabilities, including, but not limited to, volunteers with youth sports organizations and other youth activities; to define terms; to provide for conformity with federal law; to provide for rules and regulations; to provide for fees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

SB 69. By Senators Mullis of the 53rd, Schaefer of the 50th, Stephens of the 27th, Smith of the 52nd, Rogers of the 21st and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special and

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distinctive Choose Life, Inc., license plates; 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 repeal conflicting laws; and for other purposes.
SB 103. By Senators Wiles of the 37th, Whitehead, Sr. of the 24th and Hill of the 32nd:
A BILL to be entitled an Act to amend Code Section 20-2-316, relating to required criteria for athletic associations organizing interscholastic sports events for state funded high schools, so as to establish certain criteria relating to mandatory classification of high schools according to student enrollment; to provide for other related matters; to repeal conflicting laws; and for other purposes.
SB 109. By Senators Unterman of the 45th, Thomas of the 54th and Smith of the 52nd:
A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide for legislative findings; to provide for definitions; to provide for immunity; to provide for applicability; to provide for notification of health care providers; 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 establish the Pain Management Ad Hoc Advisory Committee; to provide for such committees membership, duties, and duration; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 130. By Senators Miles of the 43rd, Williams of the 19th, Butler of the 55th, Goggans of the 7th, Moody of the 56th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding property, so as to provide that churches shall be exempt from the provisions regulating the removal and storage of vehicles from private real property; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 136. By Senators Smith of the 52nd, Hill of the 32nd, Wiles of the 37th and Weber of the 40th:
A BILL to be entitled an Act to amend Code Section 15-11-47 of the Official Code of Georgia Annotated, relating to procedure on taking child into custody, detention, and bail, so as to provide for bail for children alleged to be

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delinquent or unruly; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 139. By Senators Seabaugh of the 28th, Hill of the 32nd, Williams of the 19th and Harbison of the 15th:
A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, so as to limit liability and damages in certain circumstances; to provide for limited liability for certain liquefied petroleum gas providers; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
SB 216. By Senators Hill of the 32nd and Hamrick of the 30th:
A BILL to be entitled an Act to amend Title 50 of the O.C.G.A., relating to state government, so as to delete Chapter 11, relating to the State Law Library; to amend Code Section 20-5-2 of the O.C.G.A., relating to the powers and duties of the board of regents and the director of University of Georgia Libraries relative to state public libraries; Code Section 36-80-19 of the O.C.G.A., relating to the codification of ordinances and resolutions of local governments; and Code Section 45-13-22 of the O.C.G.A., relating to the distribution of the Georgia Laws and the Journals of the House of Representatives and the Senate, so as to delete references to the State Law Library; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 246. By Senator Unterman of the 45th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Buford ad valorem taxes for municipal purposes in the amount of $22,000.00 of the assessed value of the homestead after a five-year phase-in period for residents of the City of Buford; 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 247. By Senator Unterman of the 45th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Buford ad valorem taxes for municipal purposes for the full value of the homestead for residents of that city who are 70 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption

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and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

HB 197. By Representatives Burmeister of the 119th, Mills of the 25th, Smith of the 168th, Walker of the 107th, Fleming of the 117th and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 15 of the O.C.G.A., relating to parental notification, so as to define and eliminate certain terms; to require certain types of identification to be presented in order for a physician to perform an abortion; to amend Chapter 12 of Title 16 of the O.C.G.A., relating to offenses against health and morals, so as to provide that all abortions must be performed in certain facilities; to provide for certain reports by physicians; to provide for certain forms; to provide for certain reports by the Department of Human Resources; to provide for penalties and remedies for failure to provide such reports; to provide for a short title; to provide for definitions; to require that a female give her informed consent prior to an abortion; to require that certain information be provided to or made available to a female prior to an abortion; to provide for an effective date; to repeal conflicting laws; and for other purposes.

HB 507. By Representative Sims of the 169th:

A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Atkinson County, approved April 5, 1993 (Ga. L. 1993, p. 4771), as amended, so as to change the compensation of the members of the board of education; 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 84. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th and Keen of the 179th:

A BILL to amend an Act providing appropriations for the State Fiscal Year 2004-2005, known as the "General Appropriations Act," approved May 17, 2004 (Ga. L. 2004, p. 994.) and for other purposes.

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

SB 6.

By Senators Stoner of the 6th, Rogers of the 21st, Hill of the 32nd, Thompson of the 33rd, Hamrick of the 30th and others:

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1453

A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to authorize the exchange of national criminal history background checks on providers of care to children, the elderly, and persons with disabilities, including, but not limited to, volunteers with youth sports organizations and other youth activities; to define terms; to provide for conformity with federal law; to provide for rules and regulations; to provide for fees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary Non-Civil.

SB 69.

By Senators Mullis of the 53rd, Schaefer of the 50th, Stephens of the 27th, Smith of the 52nd, Rogers of the 21st and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special and distinctive Choose Life, Inc., license plates; 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 repeal conflicting laws; and for other purposes.

Referred to the Committee on Motor Vehicles.

SB 103. By Senators Wiles of the 37th, Whitehead, Sr. of the 24th and Hill of the 32nd:

A BILL to be entitled an Act to amend Code Section 20-2-316, relating to required criteria for athletic associations organizing interscholastic sports events for state funded high schools, so as to establish certain criteria relating to mandatory classification of high schools according to student enrollment; to provide for other related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Governmental Affairs.

SB 109. By Senators Unterman of the 45th, Thomas of the 54th and Smith of the 52nd:

A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide for legislative findings; to provide for definitions; to provide for

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immunity; to provide for applicability; to provide for notification of health care providers; 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 establish the Pain Management Ad Hoc Advisory Committee; to provide for such committees membership, duties, and duration; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 130. By Senators Miles of the 43rd, Williams of the 19th, Butler of the 55th, Goggans of the 7th, Moody of the 56th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding property, so as to provide that churches shall be exempt from the provisions regulating the removal and storage of vehicles from private real property; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 136. By Senators Smith of the 52nd, Hill of the 32nd, Wiles of the 37th and Weber of the 40th:
A BILL to be entitled an Act to amend Code Section 15-11-47 of the Official Code of Georgia Annotated, relating to procedure on taking child into custody, detention, and bail, so as to provide for bail for children alleged to be delinquent or unruly; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 139. By Senators Seabaugh of the 28th, Hill of the 32nd, Williams of the 19th and Harbison of the 15th:
A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, so as to limit liability and damages in certain circumstances; to provide for limited liability for certain liquefied petroleum gas providers; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Utilities & Telecommunications.

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SB 216. By Senators Hill of the 32nd and Hamrick of the 30th:
A BILL to be entitled an Act to amend Title 50 of the O.C.G.A., relating to state government, so as to delete Chapter 11, relating to the State Law Library; to amend Code Section 20-5-2 of the O.C.G.A., relating to the powers and duties of the board of regents and the director of University of Georgia Libraries relative to state public libraries; Code Section 36-80-19 of the O.C.G.A., relating to the codification of ordinances and resolutions of local governments; and Code Section 45-13-22 of the O.C.G.A., relating to the distribution of the Georgia Laws and the Journals of the House of Representatives and the Senate, so as to delete references to the State Law Library; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 246. By Senator Unterman of the 45th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Buford ad valorem taxes for municipal purposes in the amount of $22,000.00 of the assessed value of the homestead after a five-year phase-in period for residents of the City of Buford; 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 247. By Senator Unterman of the 45th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Buford ad valorem taxes for municipal purposes for the full value of the homestead for residents of that city who are 70 years of age or over; 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.
The following Resolution of the House was read:

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HR 487. By Representatives Keen of the 179th and Porter of the 143rd

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 2005 regular session of the General Assembly for the period of March 11, 2005, through March 21, 2005, shall be as follows:
Friday, March 11 ........................................................in session for legislative day 30 Saturday, March 12 ....................................................in session for legislative day 31 Sunday, March 13.......................................................in adjournment Monday, March 14 .....................................................in session for legislative day 32 Tuesday, March 15 .....................................................in session for legislative day 33 Wednesday, March 16 ................................................in adjournment Thursday, March 17 ...................................................in session for legislative day 34 Friday, March 18 ........................................................in adjournment Saturday, March 19 ....................................................in adjournment Sunday, March 20.......................................................in adjournment Monday, March 21 .....................................................in session for legislative day 35
BE IT FURTHER RESOLVED that on and after March 21, 2005, the periods of adjournment of the 2005 session, if any, shall be as specified by subsequent resolution of the General Assembly, except that for the remainder of the 2005 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 Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden
Beasley-Teague Benfield Y Benton

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson E Dollar
Drenner Y Dukes

Holmes Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley
Jackson Y Jacobs
James

Y Maxwell Y May
McCall Y McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell Y Morgan

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C
Sims, F Sinkfield

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Black Bordeaux Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Buckner, G Y Burkhalter Burmeister Y Burns Y Butler Y Byrd Carter Y Casas Chambers Channell Y Cheokas Y Coan Y Cole Y Coleman, B E Coleman, T Y Cooper Y Cox

Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D
Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree E Henson
Hill, C Y Hill, C.A

Y Jamieson Y Jenkins Y Jennings Y Johnson
Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight
Knox Y Lakly
Lane, B Y Lane, R Y Lewis Y Lindsey
Lord Loudermilk Lucas Lunsford Maddox Y Mangham Manning Y Marin Martin

Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q
Neal Y Oliver
O'Neal Orrock Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Smith, B Y Smith, L
Smith, P Y Smith, R
Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, R Y Wix
Yates Richardson, Speaker

On the adoption of the Resolution, the ayes were 126, nays 0.

The Resolution was adopted.

The Speaker Pro Tem assumed the Chair.

The following members were recognized during the period of Morning Orders and addressed the House:

Morgan of the 39th, Anderson of the 123rd, Brown of the 69th, and Reece of the 11th.

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

HR 368. By Representatives Jones of the 44th, Beasley-Teague of the 65th, AbdulSalaam of the 74th, Reece of the 11th and Brooks of the 63rd:

A RESOLUTION recognizing the Coalition of Labor Union Women and inviting the Georgia Chapter of the Coalition of Labor Union Women to appear before the House of Representatives; and for other purposes.

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The Speaker assumed the Chair.

The following supplemental Rules Calendar was read and adopted:

HOUSE SUPPLEMENTAL RULES CALENDAR THURSDAY, MARCH 10, 2005

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 10, 2005, by adding the following:

DEBATE CALENDAR

Open Rule

HB 307 HB 428

Construction defect claim; fulfillment or settlement; provisions Property insurance; warranty service agreements; amend provisions

Modified Open Rule

HB 221

Child support; guidelines; basic obligation amounts (1 hour time limit on Floor Debate)

Modified Structured Rule

None

Structured Rule

HB 499

Congressional districts; composition and election provisions (1 hour time limit on Floor Debate)

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

Respectfully submitted, /s/ Ehrhart of the 36th
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:

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HB 499. By Representatives Franklin of the 43rd, Keen of the 179th and Burkhalter of the 50th:
A BILL to be entitled an Act to amend Chapter 1 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections, so as to provide for the composition and number of congressional districts; to provide for election of members of Congress; to provide when such members shall take office; to provide for continuation of present congressional districts until a certain time; to provide for other matters relative to the foregoing; 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 1 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections, so as to provide for the composition and number of congressional districts; to provide for election of members of Congress; to provide when such members shall take office; to provide for continuation of present congressional districts until a certain time; to provide for other 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. Chapter 1 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections, is amended by striking the description of Congressional Districts 1 through 13 immediately following the second sentence of subsection (a) of Code Section 21-1-2, relating to the designation of congressional districts, and inserting in its place the description of Congressional Districts 1 through 13 attached to this Act and made a part hereof and further identified as "Plan Name: G7congress Plan Type: Congress User: staff Administrator: H043".
SECTION 2. Said chapter is further amended by striking subsection (c) of Code Section 21-1-2, relating to the designation of congressional districts, and inserting in its place a new subsection (c) to read as follows:
"(c) The first members elected pursuant to the provisions of this Code section shall be those who are elected to take office in January, 2003 2007. Successors to those members and future successors shall likewise be elected under the provisions of this Code section. Until that time the members of the United States House of

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Representatives elected in 2000 2004 shall continue to serve and, for all purposes relative to membership in the House of Representatives, the composition of congressional districts from which such members were elected shall remain the same. The provisions of this Code section shall be effective for the primaries and elections of 2002 2006 for the purpose of electing the members in 2002 2006 who are to take office in 2003 2007. For the purpose of appointing or electing members of boards or bodies where such are made on the basis of congressional districts, the provisions of this Code section shall be effective January 1, 2003 2007."
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.
District 001 Appling County
Atkinson County
Bacon County
Berrien County
Brantley County
Bryan County
Camden County
Charlton County
Chatham County Tract: 102 BG: 3 3000 3001 3004 3005 3006 3020 3021 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

THURSDAY, MARCH 10, 2005
BG: 3 Tract: 108.05 BG: 2 BG: 3 Tract: 109.01 BG: 3 3007 3008 3009 3010 3011 3998 3999 Tract: 109.02 Tract: 110.02 Tract: 110.03 Tract: 110.04 Tract: 111.01 BG: 1 BG: 2 BG: 3 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5996 5997 5998 5999 Tract: 111.03 Tract: 111.04 Tract: 111.05 Tract: 41 Tract: 42.02 BG: 2 2003 2004 2005 2006 2007 BG: 3 3002 3005 3006 3007 3008 3010 3011 3012 3013 BG: 6 BG: 7 BG: 8 BG: 9 Tract: 42.05 Tract: 42.06 Tract: 42.08 BG: 2 2000 2001 2002 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 BG: 3 3000 3001 3006 3007 3008 BG: 5
Clinch County

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Coffee County
Cook County
Echols County
Glynn County
Jeff Davis County
Lanier County
Liberty County
Long County
Lowndes County Tract: 101.01 Tract: 101.02 Tract: 101.03 Tract: 102.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1043 1044 1045 1046 1047 1999 Tract: 102.02 Tract: 103.01 Tract: 103.02 Tract: 104.01 Tract: 104.02 Tract: 105 Tract: 106.01 Tract: 106.02 Tract: 106.03 Tract: 107 Tract: 108 Tract: 109 Tract: 110 Tract: 111 Tract: 112 Tract: 113.01 Tract: 113.02

THURSDAY, MARCH 10, 2005
Tract: 114.01 BG: 3 Tract: 114.02 Tract: 114.03 BG: 4 4004 4005 4006 4007 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4037 4038 4039 4999 Tract: 115 Tract: 116
McIntosh County
Pierce County
Telfair County
Ware County
Wayne County
Wheeler County
District 002 Baker County
Brooks County
Calhoun County
Chattahoochee County
Clay County
Crawford County
Crisp County
Decatur County
Dooly County
Dougherty County

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Early County
Grady County
Lee County
Lowndes County Tract: 102.01 BG: 1 1015 1016 1017 1037 1038 1039 1040 1041 1042 BG: 2 BG: 3 Tract: 114.01 BG: 1 BG: 2 Tract: 114.03 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4008 4009 4010 4011 4032 4033 4034 4035 4036
Macon County
Marion County
Miller County
Mitchell County
Muscogee County Tract: 1 Tract: 10 BG: 2 BG: 3 3003 3004 3005 3006 3007 3008 3009 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 Tract: 105.01 BG: 1 1021 1022 1023 1024 1025 BG: 2 BG: 3

THURSDAY, MARCH 10, 2005
3011 3012 3013 3014 3015 3016 3017 Tract: 106.02 Tract: 106.04 Tract: 106.05 Tract: 106.06 Tract: 107.01 Tract: 107.02 Tract: 107.03 Tract: 108 BG: 9 9008 9009 9010 9011 9012 9013 9014 9015 9016 9017 9018 9992 9993 9994 9995 9996 9997 Tract: 109 Tract: 11 Tract: 110 Tract: 12 Tract: 13 Tract: 14 BG: 1 1005 1006 1007 1008 1009 1010 1011 1012 1013 BG: 2 BG: 3 BG: 4 Tract: 15 BG: 1 1000 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 BG: 2 Tract: 16 Tract: 18 Tract: 19 Tract: 20 Tract: 21 Tract: 22 Tract: 23 Tract: 24 Tract: 25 Tract: 26 Tract: 27 Tract: 28 Tract: 29.01 Tract: 29.02 Tract: 3

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BG: 4 4002 4003 4004 4005 4006 4007 4013 4014 4015 4016 4017 4018 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5015 5016 5017 5018 5019 5020 Tract: 30 Tract: 31 Tract: 32 Tract: 33 Tract: 34 Tract: 4 BG: 3 3019 3023 3998 Tract: 5 Tract: 8 BG: 2 2017 2018 BG: 3 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 Tract: 9 BG: 1 1008 1009 1010 1011 1012 1015
Peach County
Quitman County
Randolph County
Schley County
Seminole County
Stewart County
Sumter County
Talbot County
Taylor County
Terrell County

THURSDAY, MARCH 10, 2005
Thomas County
Webster County
Worth County Tract: 9501 Tract: 9502 BG: 1 1003 1004 1005 1007 1008 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 BG: 2 BG: 3 BG: 4 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4998 4999 Tract: 9504 BG: 1 1078 1079 1080 1081 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1214 1215 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 BG: 2 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2027 2047 2048 Tract: 9505
District 003 Baldwin County
Tract: 9706 BG: 3 3002 3011 3015 3016 3017 3018 3019 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011

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4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4023 Tract: 9708 BG: 1 1000 1001 1002 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1023 1024 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 1994 1995 1996 1997 1998 1999 BG: 2 2000 2001 2002 2020 2021 2022 2023 2024 2025 2026 2028 2029 2030 BG: 3 BG: 4 4004 4005 4006 4007 4008 4009 4010 4011 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4999
Ben Hill County
Bibb County
Bleckley County
Butts County
Colquitt County
Dodge County
Houston County
Irwin County
Jasper County
Jones County
Laurens County
Monroe County
Newton County Tract: 1001

THURSDAY, MARCH 10, 2005
BG: 2 2088 2097 2098 2100 2101 2102 2103 2105 Tract: 1002 Tract: 1003 BG: 1 1061 1062 1063 1064 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1104 1105 1107 1108 1109 1110 1111 1112 1113 1114 1115 BG: 2 2000 2001 2017 2018 2019 2020 2023 2024 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 BG: 3 Tract: 1004 BG: 1 1018 1019 1020 1038 1039 1040 1041 1042 1043 1044 1045 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1085 1086 1089 1090 1091 BG: 2 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2033 2034 2035 2036 2037 2038 2039 2040 2041 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 BG: 3 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 Tract: 1005 BG: 1 1000 1001 1002 1003 1004 1005 1006 1026 1027 1028 1029 1030 1031 1032 1033 1034 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1087 1088 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 1999 Tract: 1006 Tract: 1007 Tract: 1008 Tract: 1009
Pulaski County
Tift County

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Turner County
Twiggs County
Wilcox County
Wilkinson County
Worth County Tract: 9502 BG: 1 1000 1001 1002 1006 1009 1010 1011 1012 1013 1014 1015 BG: 4 4000 Tract: 9504 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 1082 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 1161 1162 1226 1227 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2026 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 BG: 3 Tract: 9506
District 004 DeKalb County
Tract: 211 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011

THURSDAY, MARCH 10, 2005
1012 1013 1015 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2010 2011 2012 2028 BG: 3 3000 3001 3002 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3999 BG: 4 4001 4002 4003 4005 4006 4007 Tract: 212.04 Tract: 212.08 BG: 1 1020 BG: 2 2010 2011 2012 2013 2014 2016 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 Tract: 212.09 BG: 1 1000 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2022 2023 Tract: 213.01 BG: 1 1015 Tract: 213.02 Tract: 213.03 BG: 1 1009 1010 1011 1012 BG: 2 2000 2001 2002 2003 2006 2008 2009 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2027 2028 2029 2030 2031 2032 2034 2035 2036 Tract: 214.03 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3010 3011 3020 3021 3022 3023 3024 3025 3026 3027 3028 3042 3043 3044 3045 Tract: 214.04 Tract: 214.05 BG: 1

1471

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JOURNAL OF THE HOUSE

BG: 2 2000 2001 2002 Tract: 214.06 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1013 1014 1015 Tract: 215.01 BG: 4 4002 4003 Tract: 216.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1017 1999 Tract: 216.02 BG: 2 2005 2006 2007 2008 2009 2010 2011 2012 Tract: 217.03 BG: 1 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4018 4019 4020 4021 4022 4023 4024 4025 4999 Tract: 217.04 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3023 3024 3025 BG: 9 Tract: 217.05 Tract: 217.06 Tract: 218.05 Tract: 218.06 Tract: 218.08 Tract: 218.09 Tract: 218.10 Tract: 218.11 Tract: 218.12 Tract: 219.02 Tract: 219.04 Tract: 219.06 Tract: 219.07 Tract: 219.08 Tract: 219.09

THURSDAY, MARCH 10, 2005
Tract: 220.01 Tract: 220.04 Tract: 220.05 Tract: 220.06 Tract: 220.07 Tract: 220.08 Tract: 221 Tract: 222 Tract: 223.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1022 BG: 2 2000 2001 2002 2003 2004 2006 BG: 3 3000 3001 3002 3003 3004 3010 3011 Tract: 223.02 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2011 2012 2013 2014 BG: 3 Tract: 226 BG: 3 3012 3013 3014 3015 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 Tract: 227 BG: 1 BG: 2 2000 2001 BG: 4 4000 4001 4002 4004 Tract: 228 Tract: 229 Tract: 230 Tract: 231.01 Tract: 231.02 Tract: 231.05 Tract: 231.06 Tract: 231.07 Tract: 231.08 Tract: 232.03

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JOURNAL OF THE HOUSE

Tract: 232.04 Tract: 232.06 Tract: 232.08 Tract: 232.09 Tract: 232.10 Tract: 232.11 Tract: 232.12 Tract: 233.02 Tract: 233.03 Tract: 233.05 Tract: 233.06 Tract: 233.07 Tract: 233.09 Tract: 233.10 Tract: 234.04 BG: 1 BG: 2 2000 2001 2002 2003 2004 2007 2008 2009 2010 2011 2012 2013 2014 2015 2018 2997 BG: 3 3000 3001 3002 3003 BG: 4 4004 4005 4011 4012 4013 4014 BG: 5 5000 5001 5004 5005 5006 5007 5008 Tract: 234.05 Tract: 234.10 Tract: 234.11 Tract: 234.12 Tract: 234.13 Tract: 234.14 Tract: 234.15 Tract: 234.16 Tract: 234.17 Tract: 234.18 Tract: 235.01 Tract: 235.04 Tract: 235.05 Tract: 235.06 Tract: 235.07 Tract: 236.03 BG: 4 4000 4001 4002 4003 4013 4014 4018 4019

THURSDAY, MARCH 10, 2005
Gwinnett County Tract: 503.04 BG: 1 BG: 2 2018 Tract: 503.06 BG: 1 1017 1018 1019 1020 1021 1022 1023 1024 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1999 BG: 2 Tract: 503.11 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 BG: 3 3015 3016 3017 3020 3021 3022 Tract: 503.12 Tract: 503.13 Tract: 503.14 BG: 3 3005 3006 3007 BG: 4 Tract: 504.03 BG: 1 BG: 2 BG: 3 BG: 4 BG: 9 9000 9001 9002 9003 9004 9005 9006 9007 9008 9009 9010 9011 9012 9013 9014 9018 9019 Tract: 504.10 Tract: 504.11 BG: 4 BG: 5 BG: 6 6005 6006 6007 6008 6009 6010 6011 Tract: 504.17 Tract: 504.18 Tract: 504.19 Tract: 504.20 Tract: 504.21

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JOURNAL OF THE HOUSE

Tract: 504.22 Tract: 504.23 BG: 3 BG: 4 Tract: 504.24
Henry County Tract: 701.01 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 1069 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 Tract: 701.02 BG: 1 1006 1007 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1025 1081 1082 1083 Tract: 701.06 BG: 1 1000 1001 1002 1003 1004
Rockdale County Tract: 601.01 Tract: 601.02 Tract: 602.01 Tract: 602.02 Tract: 603.04 Tract: 603.05 Tract: 603.06 Tract: 603.07 Tract: 603.08 Tract: 603.09 Tract: 604.03 BG: 1 1000 1001 1004 1005 1006 1007 1008 Tract: 604.04 Tract: 604.05 BG: 1 1000 1001 1002 1003 1004 1009 1017 1018 1019 1020 1021 Tract: 604.06 BG: 1

THURSDAY, MARCH 10, 2005
BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2011 2012 2013 2014 2998 Tract: 604.07 BG: 1 BG: 2 2002 2003 2004 2005 2006 BG: 3 3001 3002 3003 3004 3005 3006 3007 3999
District 005 Clayton County
Tract: 401 Tract: 402.01 BG: 1 BG: 2 2000 2001 Tract: 402.02 BG: 1 1001 1002 1003 1004 1005 1006 BG: 9 9000 9001 9002 9003 9004 9005 9006 9007 9009 9010 9011 9012 9013 9014 9015 9016 9017 9018 9019 9020 9021 9022 9023 9024 9025 9026 9027 9028 9029 9030 9034 9999 Tract: 404.05 BG: 1 1019 Tract: 405.09 BG: 2 2000
DeKalb County Tract: 201 Tract: 202 Tract: 203 Tract: 204 Tract: 205 Tract: 206 Tract: 207 Tract: 208.01 Tract: 208.02 Tract: 209 Tract: 211

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JOURNAL OF THE HOUSE

BG: 1 1014 1016 1017 1018 1019 1020 BG: 2 2009 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2029 2030 2031 2032 2033 2034 2035 2036 2999 Tract: 214.01 Tract: 214.03 BG: 3 3009 3012 3013 3014 3015 3016 3017 3018 3019 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 Tract: 214.05 BG: 2 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 Tract: 214.06 BG: 1 1012 BG: 2 Tract: 215.01 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4004 4005 Tract: 215.02 Tract: 216.01 BG: 1 1015 1016 1018 1019 1020 1021 BG: 2 BG: 3 BG: 4 Tract: 216.02 BG: 1 BG: 2 2000 2001 2002 2003 2004 Tract: 216.03 Tract: 217.03 BG: 4 4017 Tract: 217.04

THURSDAY, MARCH 10, 2005
BG: 3 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 Tract: 223.01 BG: 1 1020 1021 1023 1024 1025 BG: 2 2005 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 BG: 3 3005 3006 3007 3008 3009 3012 3013 3014 3015 BG: 4 Tract: 223.02 BG: 2 2008 2009 2010 Tract: 224.01 Tract: 224.02 Tract: 224.03 Tract: 225 Tract: 226 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3016 3017 3018 3019 3020 3021 3022 3023 3024 BG: 4 4008 Tract: 227 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 BG: 3 BG: 4 4003 4005 4006 4007 4008 4009 4010 4011 4012 Tract: 234.04 BG: 2 2005 2006 2016 2017 2019 2998 2999 BG: 3 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 BG: 4 4000 4001 4002 4003 4006 4007 4008 4009 4010 BG: 5

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JOURNAL OF THE HOUSE

5002 5003 Tract: 236.01 Tract: 236.02 Tract: 236.03 BG: 4 4004 4005 4006 4007 4008 4009 4010 4011 4012 4015 4016 4017 BG: 5 Tract: 237 Tract: 238.01 Tract: 238.02 Tract: 238.03
Fulton County Tract: 1 Tract: 10 Tract: 100 Tract: 101.01 Tract: 101.10 BG: 1 1000 1001 1002 1003 1004 1005 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 BG: 2 2000 2001 2002 2003 2004 2010 2011 2012 2019 Tract: 102.06 Tract: 102.07 BG: 1 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 BG: 3 BG: 4 Tract: 103.03 BG: 1 1000 1001 1002 1003 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 Tract: 103.04 BG: 5 5006 5007 5008 5009 5010 5011 5012 5013 5016 Tract: 105.07 BG: 3 3000 BG: 9

THURSDAY, MARCH 10, 2005
9000 9001 9002 9003 9004 9005 9006 9007 9008 9009 9010 9011 9012 9013 9014 9015 9019 9020 9021 9025 9027 9999 Tract: 105.11 BG: 1 1002 1031 1032 1033 Tract: 106.01 Tract: 106.03 Tract: 106.04 Tract: 107 Tract: 108 Tract: 109 Tract: 11 Tract: 110 Tract: 111 Tract: 112.01 Tract: 112.02 Tract: 113.01 Tract: 113.03 Tract: 113.04 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 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 1068 1069 1070 1999 Tract: 12 Tract: 13 Tract: 14 Tract: 15 Tract: 16 Tract: 17 Tract: 18 Tract: 19 Tract: 2 Tract: 21 Tract: 22 Tract: 23 Tract: 24 Tract: 25 Tract: 26 Tract: 27 Tract: 28

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Tract: 29 Tract: 30 Tract: 31 Tract: 32 Tract: 33 Tract: 35 Tract: 36 Tract: 37 Tract: 38 Tract: 39 Tract: 4 Tract: 40 Tract: 41 Tract: 42 Tract: 43 Tract: 44 Tract: 46 Tract: 48 Tract: 49 Tract: 5 Tract: 50 Tract: 52 Tract: 53 Tract: 55.01 Tract: 55.02 Tract: 56 Tract: 57 Tract: 58 Tract: 6 Tract: 60 Tract: 61 Tract: 62 Tract: 63 Tract: 64 Tract: 65 Tract: 66.01 Tract: 66.02 Tract: 67 Tract: 68.01 Tract: 68.02 Tract: 69 Tract: 7 Tract: 70.01

JOURNAL OF THE HOUSE

THURSDAY, MARCH 10, 2005
Tract: 70.02 Tract: 71 Tract: 72 Tract: 73 Tract: 74 Tract: 75 Tract: 76.01 Tract: 76.02 Tract: 77.01 Tract: 77.02 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 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 Tract: 78.02 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2011 2012 2013 2014 2015 BG: 3 Tract: 78.05 BG: 1 1000 1006 1007 1024 1025 1026 1032 BG: 2 2016 2017 2018 2025 2026 2027 2028 2029 2030 2034 Tract: 78.06 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2015 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2999 Tract: 78.07 Tract: 78.08 Tract: 79 Tract: 8 Tract: 80 Tract: 81.01 Tract: 81.02 Tract: 82.01 Tract: 83.01 Tract: 83.02

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JOURNAL OF THE HOUSE

Tract: 84 Tract: 85 Tract: 86.01 Tract: 86.02 BG: 1 1000 1001 1002 1011 1012 1013 1014 1015 1016 Tract: 87.01 Tract: 87.02 Tract: 88 Tract: 89.01 Tract: 89.02 Tract: 90 Tract: 91 Tract: 92 Tract: 93 Tract: 94.01 Tract: 94.02 Tract: 95 Tract: 96 Tract: 97 Tract: 98 Tract: 99
District 006 Cherokee County
Cobb County Tract: 303.10 BG: 1 1000 Tract: 303.11 Tract: 303.12 BG: 1 BG: 2 2000 2001 2002 2003 2004 2018 2019 2020 BG: 5 5004 Tract: 303.14 Tract: 303.18 Tract: 303.19 Tract: 303.20 Tract: 303.22 Tract: 303.23

THURSDAY, MARCH 10, 2005
Tract: 303.24 Tract: 303.25 Tract: 303.26 Tract: 303.27 Tract: 303.28 Tract: 303.29 Tract: 303.30 Tract: 303.31 Tract: 303.32 Tract: 303.33 Tract: 303.34 Tract: 303.35 Tract: 303.36 Tract: 303.37 Tract: 303.38 BG: 2 BG: 4
4000 4001 4002 4003 4011 4012 4013 4014 4015 4018 Tract: 303.39 Tract: 304.01 BG: 1 BG: 2 BG: 3
3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3014 3015 3016 3017 3018 3019 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 Tract: 304.02 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3014 3015 3016 3017 3018 3019 3020 3021 3022 BG: 4 Tract: 304.05 BG: 1 1000 1001 1002 1003 1004 1005 1008 1009 1010 1012 1013 1014 1023 BG: 2 2022 2023 2024 2025 2029 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2045 2046 Tract: 305.01 BG: 1 Tract: 305.02

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BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1019 1023
BG: 2 2001
BG: 3 Tract: 305.04 BG: 3
3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3014 3015 3016 3018 3019 3020 3024 3025 Tract: 305.05 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1012 BG: 2 2000 2004 2021 Tract: 312.02 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3997 3998 3999 BG: 4 4000 4001 4002 4004 4032 4033 4034 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5017 5018 5019 5020 5021 5022 5023 5024 Tract: 312.03 BG: 1 1000 1001 1002 1003 1008 1036 BG: 2 2000 2001 2002 2003 2004 2005 Tract: 312.04 BG: 1 1050 BG: 2 2000 2001 2002 2003 2004 2005 2006 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2066 2067 2068 2997 2998 2999
Dekalb County Tract: 211 BG: 3 3003 3004 3005 3006 3007

THURSDAY, MARCH 10, 2005
BG: 4 4000 4004
Tract: 212.02 Tract: 212.07 Tract: 212.08 BG: 1
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2015 2017 2018 2019 2020 2021 2047 Tract: 212.09 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 BG: 2 2016 2017 2018 2019 2020 2021 Tract: 212.10 Tract: 212.11 Tract: 212.12 Tract: 212.13 Tract: 212.14 Tract: 213.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 Tract: 213.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1013 1014 1015 1016 1017 BG: 2 2004 2005 2007 2010 2011 2024 2025 2026 2033 Tract: 213.04
Fulton County Tract: 101.06 Tract: 101.07 Tract: 101.08 Tract: 101.09 Tract: 101.10 BG: 1 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024

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JOURNAL OF THE HOUSE

BG: 2 2005 2006 2007 2008 2009 2013 2014 2015 2016 2017 2018
Tract: 101.11 Tract: 101.12 Tract: 102.04 Tract: 102.05 Tract: 102.07 BG: 2 2000 Tract: 102.08 Tract: 102.09 Tract: 102.10 Tract: 114.03 Tract: 114.04 Tract: 114.05 Tract: 114.06 Tract: 114.07 Tract: 114.10 Tract: 114.11 Tract: 114.12 Tract: 114.13 Tract: 114.14 Tract: 114.15 Tract: 115.01 Tract: 115.02 Tract: 116.04 Tract: 116.05 Tract: 116.06 Tract: 116.07 Tract: 116.08 Tract: 116.09
District 007 Barrow County
Forsyth County Tract: 1305.02 BG: 1 1072 1073 1074 1075 1076 1077 1078 1079 1090 1093 1132 1135 1136 1995 Tract: 1306 BG: 1 1101 1102

THURSDAY, MARCH 10, 2005
BG: 2 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 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2998
Gwinnett County Tract: 501.03 Tract: 501.04 Tract: 501.05 Tract: 501.06 Tract: 502.02 Tract: 502.04 Tract: 502.05 Tract: 502.06 Tract: 502.07 Tract: 503.04 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 BG: 8 Tract: 503.06 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1025 Tract: 503.07 Tract: 503.08 Tract: 503.09 Tract: 503.10 Tract: 503.11 BG: 1 1021 1022 1023 1024 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3018 3019 Tract: 503.14 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004

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JOURNAL OF THE HOUSE

Tract: 503.15 Tract: 503.16 Tract: 504.03 BG: 9 9015 9016 9017 9020 9021 9022 9023 9024 9025 Tract: 504.11 BG: 1 BG: 3 BG: 6 6000 6001 6002 6003 6004 Tract: 504.15 Tract: 504.16 Tract: 504.23 BG: 1 Tract: 504.25 Tract: 504.26 Tract: 504.27 Tract: 504.28 Tract: 504.29 Tract: 504.30 Tract: 505.07 Tract: 505.09 Tract: 505.10 Tract: 505.11 Tract: 505.12 Tract: 505.13 Tract: 505.14 Tract: 505.15 Tract: 505.16 Tract: 505.17 Tract: 505.18 Tract: 505.19 Tract: 505.20 Tract: 505.21 Tract: 505.22 Tract: 506.02 Tract: 506.03 Tract: 506.04 Tract: 507.04 Tract: 507.05 Tract: 507.09 Tract: 507.12 Tract: 507.13

THURSDAY, MARCH 10, 2005
Tract: 507.14 Tract: 507.15 Tract: 507.16 Tract: 507.17 Tract: 507.18 Tract: 507.19 Tract: 507.20 Tract: 507.21
Newton County Tract: 1001 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 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 2089 2090 2091 2092 2093 2094 2095 2096 2099 2104 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2996 2997 2998 2999 Tract: 1003 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 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1098 1099 1100 1101 1102 1103 1106 1116 1117 1118 1119 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2021 2022 2025 2026 2039 Tract: 1004 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1071

1491

1492

JOURNAL OF THE HOUSE

1072 1084 1087 1088 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2030 2031 2032 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 BG: 3 3000 3001 3002 Tract: 1005 BG: 1 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 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 1089 1090 1091 1092 1093
Walton County
District 008 Carroll County
Tract: 9903 BG: 3 3044 3045 3052 3053 3055 3056 3061 3062 3063 3064 3065 3066 3067 3068 3069 3071 3072 3073 3074 3075 3076 3077 Tract: 9904 BG: 1 1038 1039 1040 1041 1042 1043 1046 1047 1048 1049 1050 1051 BG: 2 BG: 3 3000 3001 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 3998 3999 Tract: 9905.01 BG: 1 1036 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2014 2015 2016 2017 2018 2024 2030 2031 2032 2033 2034 2035 2036 BG: 3 Tract: 9906 BG: 1 1039 1040 1052

THURSDAY, MARCH 10, 2005
BG: 2 2000 2009 2010 2011 2012 2013 2014 2015 2016 Tract: 9907.01 BG: 1 BG: 2 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2022 2023 2024 2025 2026 2027 2028 2029 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 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3040 3041 3042 3043 3044 3045 3048 3049 3996 3997 3998 3999 Tract: 9907.02 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2008 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2022 2031 2032 2033 2034 2999 Tract: 9907.03 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 1029 1030 1031 1032 1033 1034 1045 1046 1056 1057 1058 1999 BG: 2 2015 2016 2017 2018 2019 2020 2027 2028 2029 2997 Tract: 9908 Tract: 9909 Tract: 9910 Tract: 9911 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 1031 1032 BG: 2 BG: 3 BG: 4 BG: 5 Tract: 9912
Coweta County
Fayette County

1493

1494

JOURNAL OF THE HOUSE

Harris County
Heard County
Henry County Tract: 701.01 BG: 1 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1070 1071 Tract: 701.02 BG: 1 1000 1001 1002 1003 1004 1005 1008 1009 1010 1024 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 1999 BG: 2 Tract: 701.05 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1018 1022 1023 1024 1025 1026 1027 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 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 BG: 2 BG: 3 Tract: 701.06 BG: 1 1008 1009 1010 1011 1012 1013 1014 1015 BG: 2 Tract: 702.01 Tract: 702.02 Tract: 702.03 Tract: 703.03 Tract: 703.04

THURSDAY, MARCH 10, 2005
Tract: 703.05 BG: 1 1007 1008 1009 1017 1018 1019 1021 1022 1023 BG: 2 Tract: 703.06 Tract: 704.01 Tract: 704.02 Tract: 705
Lamar County
Meriwether County
Muscogee County Tract: 10 BG: 1 BG: 3 3000 3001 3002 3010 3011 3012 3013 3014 3015 3016 3017 Tract: 101.02 Tract: 101.04 Tract: 101.05 Tract: 101.06 Tract: 102.01 Tract: 102.03 Tract: 102.04 Tract: 102.05 Tract: 103.01 Tract: 103.02 Tract: 104.01 Tract: 104.02 Tract: 105.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 BG: 4 Tract: 105.02 Tract: 108 BG: 9 9000 9001 9002 9003 9004 9005 9006 9007 9998 9999 Tract: 14 BG: 1

1495

1496

JOURNAL OF THE HOUSE

1000 1001 1002 1003 1004 Tract: 15 BG: 1 1001 Tract: 2 Tract: 3 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4008 4009 4010 4011 4012 BG: 5 5013 5014 Tract: 4 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 3020 3021 3022 3997 3999 Tract: 8 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 Tract: 9 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1013 1014 BG: 2
Pike County
Rockdale County Tract: 604.03 BG: 1 1002 1003 1009 1010 1011 1012 1013 1014 1015 1016 BG: 2 BG: 3 Tract: 604.05 BG: 1 1005 1006 1007 1008 1010 1011 1012 1013 1014 1015 1016 BG: 2

THURSDAY, MARCH 10, 2005
BG: 3 Tract: 604.06 BG: 2 2000 2010 2015 2016 2017 2018 2999 Tract: 604.07 BG: 2 2000 2001 BG: 3 3000
Spalding County
Troup County
Upson County
District 009 Banks County
Clarke County
Columbia County
Elbert County
Franklin County
Greene County
Habersham County
Hart County
Jackson County
Lincoln County
Madison County
McDuffie County
Morgan County

1497

1498

JOURNAL OF THE HOUSE

Oconee County
Oglethorpe County
Putnam County
Rabun County
Richmond County Tract: 1 Tract: 10 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1017 BG: 2 BG: 3 BG: 4 Tract: 101.01 Tract: 101.02 Tract: 101.04 Tract: 101.05 Tract: 102.01 Tract: 102.03 Tract: 102.04 Tract: 105.04 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1009 1019 1020 1021 1022 1026 BG: 2 2000 2001 2002 2003 2004 2005 2009 2010 2012 2013 2024 2025 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 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 2997 2998 2999 Tract: 105.05 BG: 2 2009 Tract: 107.04 BG: 1 1060 Tract: 108 BG: 9 9000 9001 9002 9003 9004 9005 9006 9007 9008 9009 9996 9997

THURSDAY, MARCH 10, 2005
9998 9999 Tract: 109.01 BG: 4 4046 Tract: 11 Tract: 12 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 BG: 4 4002 4006 4007 4008 4009 4010 BG: 5 5000 5001 BG: 6 BG: 7 Tract: 13 BG: 2 2015 2016 2017 2021 2022 Tract: 16 Tract: 2 Tract: 3 Tract: 4 Tract: 6 BG: 1 1002 1015 1016 BG: 2 2006 2007 2020 BG: 4 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4023 4024 4025 4026 4027 Tract: 7 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 2049 2050 Tract: 8 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 1032 1998 1999 BG: 2 Tract: 9

1499

1500

JOURNAL OF THE HOUSE

BG: 2 2002 2003 2004 2007 BG: 3 BG: 4
Stephens County
Towns County
Wilkes County
District 010 Catoosa County
Dade County
Dawson County
Fannin County
Forsyth County Tract: 1301 Tract: 1302 Tract: 1303 Tract: 1304.01 Tract: 1304.02 Tract: 1305.01 Tract: 1305.02 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 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1091 1092 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 1133 1134 1137 1994 1996 1997 1998 1999 Tract: 1306 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011

THURSDAY, MARCH 10, 2005
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 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2999
Gilmer County
Gordon County Tract: 9701 Tract: 9702 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 2038 2039 2040 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2059 2060 2064 2065 2066 2067 2996 2997 2998 2999 BG: 3 3003 3004 Tract: 9703 BG: 1 1000 1001 1002 1003 1004 1997 1998 1999 Tract: 9704 BG: 1 1000 1001 1002 1003 Tract: 9708 BG: 1 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3022 3025 3026 3029 3030 Tract: 9709
Hall County

1501

1502

JOURNAL OF THE HOUSE

Lumpkin County
Murray County
Pickens County
Union County
Walker County
White County
Whitfield County
District 011 Bartow County
Carroll County Tract: 9901.01 Tract: 9901.02 Tract: 9902 Tract: 9903 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 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3046 3047 3048 3049 3050 3051 3054 3057 3058 3059 3060 3070 3078 3079 3998 3999 Tract: 9904 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 1044 1045 1999 BG: 3 3002 Tract: 9905.01 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

THURSDAY, MARCH 10, 2005
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 BG: 2 2000 2001 2012 2013 2019 2020 2021 2022 2023 2025 2026 2027 2028 2029 Tract: 9905.02 Tract: 9906 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 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1998 1999 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 BG: 3 Tract: 9907.01 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2021 BG: 3 3034 3035 3036 3037 3038 3039 3046 3047 3050 3051 3052 3053 Tract: 9907.02 BG: 2 2006 2007 2009 2021 2023 2024 2025 2026 2027 2028 2029 2030 Tract: 9907.03 BG: 1 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1047 1048 1049 1050 1051 1052 1053 1054 1055 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2021 2022 2023 2024 2025 2026 2998 2999 Tract: 9911 BG: 1 1030
Chattooga County
Cobb County Tract: 301.01

1503

1504

JOURNAL OF THE HOUSE

Tract: 301.02 Tract: 301.03 Tract: 302.05 Tract: 302.08 Tract: 302.09 Tract: 302.10 Tract: 302.11 Tract: 302.12 Tract: 302.13 Tract: 302.14 Tract: 302.15 Tract: 302.16 Tract: 302.17 Tract: 303.10 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 BG: 2 BG: 3 BG: 4 BG: 5 Tract: 303.12 BG: 2 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 BG: 3 BG: 4 BG: 5 5000 5001 5002 5003 Tract: 303.13 Tract: 303.38 BG: 3 3002 Tract: 304.01 BG: 3 3013 3020 Tract: 304.02 BG: 3 3013 Tract: 304.04 Tract: 304.05 BG: 1 1006 1007 1011 1015 1016 1017 1018 1019 1020 1021 1022 1024 1025 1026 1027 1028 1029 1030 1031 1032

THURSDAY, MARCH 10, 2005
BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2017 2018 2019 2020 2021 2026 2027 2028 2030 2031 2044 2047 Tract: 304.06 BG: 1 1000 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 BG: 2 2000 2003 BG: 3 3006 3007 3008 3009 3010 BG: 4 4000 BG: 5 5000 5001 5002 5003 5006 Tract: 305.01 BG: 2 BG: 3 BG: 4 Tract: 305.02 BG: 1 1016 1017 1018 1020 1021 1022 1024 1025 1026 BG: 2 2000 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 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 2999 Tract: 305.04 BG: 1 BG: 2 BG: 3 3012 3013 3017 3021 3022 3023 Tract: 305.05 BG: 1 1010 1011 1013 1014 1015 1016 1017 BG: 2 2001 2002 2003 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 Tract: 306 Tract: 307

1505

1506

JOURNAL OF THE HOUSE

Tract: 308 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 3023 3024 3025 3026 3027 3028 3029 3030 3031 3037 3038 3039 3040 3041 3043 Tract: 309.01 Tract: 309.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3014 3016 3017 BG: 4 4000 4003 4004 4006 4007 4008 4009 4012 Tract: 309.04 BG: 4 4012 Tract: 309.05 BG: 1 1000 1011 Tract: 310.01 BG: 9 9000 9001 9002 9003 9004 9005 9006 9007 9008 9009 9010 9011 9012 9013 9014 9015 9016 9017 9018 9019 9020 9021 9022 9023 9024 9025 9026 9027 9028 9029 9030 9031 9032 9033 9034 9035 9036 9037 9038 9039 9040 9041 9043 9044 9045 9046 9047 9048 9049 9050 Tract: 311.08 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2010 2011 2012 2014 2015 2016 2017 2018 2019 2020 2021 2022 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3013 3014 3015 3016 3022 3027 3028 3029 3030 3031 3032 3033 3034 BG: 4 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 Tract: 311.09

THURSDAY, MARCH 10, 2005
BG: 1 1017 1018 BG: 2 Tract: 311.11 BG: 1 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 Tract: 315.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1013 1014 1015 1016 1018 1019 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2013 2014 2016 2018 2019 2020 2021 2025 2026 2027 2028 2999 Tract: 315.05 BG: 1 1002 1003 1004 1005 1006 1024 1025
Floyd County
Gordon County Tract: 9702 BG: 2 2041 2042 2043 2054 2055 2056 2057 2058 2061 2062 2063 BG: 3 3000 3001 3002 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3993 3994 3995 3996 3997 3998 3999 BG: 4 Tract: 9703 BG: 1 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 1995 1996 BG: 2 BG: 3 BG: 4 Tract: 9704 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015

1507

1508

JOURNAL OF THE HOUSE

1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1999 BG: 2 BG: 3 Tract: 9705 Tract: 9706 Tract: 9707 Tract: 9708 BG: 2 BG: 3 3014 3015 3016 3017 3018 3019 3020 3021 3023 3024 3027 3028 3031 3032 3033 3034
Haralson County
Paulding County
Polk County
District 012 Baldwin County
Tract: 9701 Tract: 9702 Tract: 9703 Tract: 9704 Tract: 9705 Tract: 9706 BG: 1 BG: 2 BG: 3 3000 3001 3003 3004 3005 3006 3007 3008 3009 3010 3012 3013 3014 BG: 4 4022 Tract: 9707.01 Tract: 9707.02 Tract: 9708 BG: 1 1003 1004 1005 1006 1007 1008 1021 1022 1025 1026 1027 1028 1993 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2027

THURSDAY, MARCH 10, 2005
BG: 4 4000 4001 4002 4003 4012 4013 4014 4015 4016
Bulloch County
Burke County
Candler County
Chatham County Tract: 1 Tract: 101.01 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: 105.01 Tract: 105.02 Tract: 106.01 Tract: 106.03 Tract: 106.04 Tract: 106.05 Tract: 107 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

1509

1510

JOURNAL OF THE HOUSE

Tract: 109.01 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 Tract: 11 Tract: 111.01 BG: 5 5015 5016 5017 5018 5019 5020 5021 5022 5023 5993 5994 5995 Tract: 12 Tract: 13 Tract: 15 Tract: 18 Tract: 19 Tract: 20 Tract: 21 Tract: 22 Tract: 23 Tract: 24 Tract: 25 Tract: 26 Tract: 27 Tract: 28 Tract: 29 Tract: 3 Tract: 30 Tract: 32 Tract: 33.01 Tract: 33.02 Tract: 34 Tract: 35.01 Tract: 35.02 Tract: 36.01 Tract: 36.02 Tract: 37 Tract: 38 Tract: 39 Tract: 40.01 Tract: 40.02 Tract: 42.02 BG: 1 BG: 2 2000 2001 2002

THURSDAY, MARCH 10, 2005
BG: 3 3000 3001 3003 3004 3009 3014 3015 3016 BG: 4 BG: 5 Tract: 42.07 Tract: 42.08 BG: 1 BG: 2 2003 2004 BG: 3 3002 3003 3004 3005 BG: 4 Tract: 43 Tract: 44 Tract: 45 Tract: 6.01 Tract: 8 Tract: 9
Effingham County
Emanuel County
Evans County
Glascock County
Hancock County
Jefferson County
Jenkins County
Johnson County
Montgomery County
Richmond County Tract: 10 BG: 1 1016 1018 1019 1020 Tract: 103 Tract: 104

1511

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JOURNAL OF THE HOUSE

Tract: 105.04 BG: 1 1008 1010 1011 1012 1013 1014 1015 1016 1017 1018 1023 1024 1025 1027 1028 BG: 2 2006 2007 2008 2011 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2026 2027 2028 2029 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2085 2086 Tract: 105.05 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 BG: 3 Tract: 105.06 Tract: 105.07 Tract: 105.08 Tract: 105.09 Tract: 105.10 Tract: 105.11 Tract: 106 Tract: 107.03 Tract: 107.04 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 1061 1062 1063 1064 1065 1066 Tract: 107.05 Tract: 107.06 Tract: 108 BG: 9 9010 9011 9012 9013 9014 Tract: 109.01 BG: 1 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 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4047 4048

THURSDAY, MARCH 10, 2005
4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4998 4999 Tract: 109.02 Tract: 12 BG: 1 1018 1019 BG: 2 BG: 3 BG: 4 4000 4001 4003 4004 4005 BG: 5 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 Tract: 13 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2018 2019 2020 2023 2024 2025 2026 2027 2028 2029 Tract: 14 Tract: 15-2 Tract: 6 BG: 1 1000 1001 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1999 BG: 2 2000 2001 2002 2003 2004 2005 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 BG: 3 BG: 4 4000 4021 4022 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 Tract: 7 BG: 1 BG: 2 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 BG: 3 Tract: 8 BG: 1 1030 1031 Tract: 9

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JOURNAL OF THE HOUSE

BG: 1 BG: 2 2000 2001 2005 2006 2008
Screven County
Taliaferro County
Tattnall County
Toombs County
Treutlen County
Warren County
Washington County
District 013 Clayton County
Tract: 402.01 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Tract: 402.02 BG: 1 1000 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1998 1999 BG: 9 9008 9031 9032 9033 9035 9036 9997 9998 Tract: 403.01 Tract: 403.02 Tract: 403.03 Tract: 403.04 Tract: 403.05 Tract: 404.05 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 BG: 2 BG: 3 Tract: 404.06 Tract: 404.07

THURSDAY, MARCH 10, 2005
Tract: 404.08 Tract: 404.09 Tract: 404.10 Tract: 404.11 Tract: 404.12 Tract: 404.13 Tract: 405.03 Tract: 405.06 Tract: 405.09 BG: 1 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 Tract: 405.10 Tract: 405.11 Tract: 405.12 Tract: 405.13 Tract: 405.14 Tract: 405.15 Tract: 405.16 Tract: 405.17 Tract: 405.18 Tract: 406.06 Tract: 406.07 Tract: 406.08 Tract: 406.09 Tract: 406.10 Tract: 406.11 Tract: 406.12 Tract: 406.13 Tract: 406.14
Cobb County Tract: 303.38 BG: 1 BG: 3 3000 3001 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 BG: 4 4004 4005 4006 4007 4008 4009 4010 4016 4017 4019 4020 4021 4022 4023 4024 4025 Tract: 304.05 BG: 2

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JOURNAL OF THE HOUSE

2016 Tract: 304.06 BG: 1 1001 BG: 2 2001 2002 BG: 3 3000 3001 3002 3003 3004 3005 BG: 4 4001 4002 BG: 5 5004 5005 5007 5008 Tract: 308 BG: 3 3020 3021 3022 3032 3033 3034 3035 3036 3042 Tract: 309.02 BG: 1 1019 1020 1021 1022 1023 1024 BG: 2 BG: 3 3013 3015 BG: 4 4001 4002 4005 4010 4011 4013 4014 Tract: 309.04 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 Tract: 309.05 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 BG: 2 BG: 3 Tract: 310.01 BG: 1 BG: 2 BG: 9 9042 Tract: 310.02 Tract: 310.04 Tract: 310.05 Tract: 311.01

THURSDAY, MARCH 10, 2005
Tract: 311.05 Tract: 311.06 Tract: 311.07 Tract: 311.08 BG: 1 1010 1011 BG: 2 2008 2009 2013 BG: 3 3010 3011 3012 3017 3018 3019 3020 3021 3023 3024 3025 3026 BG: 4 4000 4001 4002 4003 4015 4016 4017 4018 4019 Tract: 311.09 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 Tract: 311.10 Tract: 311.11 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1035 1036 1037 1038 1039 1040 Tract: 311.12 Tract: 312.02 BG: 3 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3996 BG: 4 4003 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 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 BG: 5 5010 5011 5012 5013 5014 5015 5016 BG: 6 Tract: 312.03 BG: 1 1004 1005 1006 1007 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1037 1038 BG: 2

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JOURNAL OF THE HOUSE

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 2998 2999 Tract: 312.04 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 BG: 2 2007 2008 2009 2010 2011 2012 2013 2014 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2062 2063 2064 2065 Tract: 313.02 Tract: 313.06 Tract: 313.07 Tract: 313.08 Tract: 313.09 Tract: 313.10 Tract: 313.11 Tract: 314.04 Tract: 314.05 Tract: 314.06 Tract: 314.07 Tract: 315.01 BG: 1 1010 1011 1012 1017 BG: 2 2012 2015 2017 2022 2023 2024 2029 2030 2031 2032 2033 2034 BG: 3 BG: 4 BG: 5 BG: 6 BG: 7 Tract: 315.03 Tract: 315.04 Tract: 315.05 BG: 1 1000 1001 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 BG: 2 BG: 3

THURSDAY, MARCH 10, 2005
Douglas County
Fulton County Tract: 103.01 Tract: 103.03 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1039 1040 1041 1042 1996 1997 1998 1999 BG: 2 Tract: 103.04 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5014 5015 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 Tract: 104 Tract: 105.07 BG: 1 BG: 3 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3999 BG: 9 9016 9017 9018 9022 9023 9024 9026 9028 9998 Tract: 105.08 Tract: 105.09 Tract: 105.10 Tract: 105.11 BG: 1 1000 1001 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 1034 BG: 2 BG: 4 Tract: 105.12 Tract: 105.13 Tract: 105.14 Tract: 113.04 BG: 1 1033 1034 1065 1066 1067 Tract: 77.02 BG: 3 3019 BG: 4

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JOURNAL OF THE HOUSE

Tract: 78.02 BG: 2 2009 2010 Tract: 78.05 BG: 1 1001 1002 1003 1004 1005 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1027 1028 1029 1030 1031 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2019 2020 2021 2022 2023 2024 2031 2032 2033 2035 2036 2037 2038 2039 2040 2999 Tract: 78.06 BG: 2 2013 2014 2016 Tract: 82.02 Tract: 86.02 BG: 1 1003 1004 1005 1006 1007 1008 1009 1010 1999
Henry County Tract: 701.04 Tract: 701.05 BG: 1 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1019 1020 1021 1028 1055 Tract: 701.06 BG: 1 1005 1006 1007 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 Tract: 703.05 BG: 1 1000 1001 1002 1003 1004 1005 1006 1010 1011 1012 1013 1014 1015 1016 1020 1024 1025
The following substitute, offered by the Committee on Rules, was read and adopted:
A BILL
To amend Chapter 1 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections, so as to provide for the composition and number of congressional districts; to provide for election of members of Congress; to provide when such members shall take office; to provide for continuation of present

THURSDAY, MARCH 10, 2005

1521

congressional districts until a certain time; to provide for other matters relative to the foregoing; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections, is amended by striking the description of Congressional Districts 1 through 13 immediately following the second sentence of subsection (a) of Code Section 21-1-2, relating to the designation of congressional districts, and inserting in its place the description of Congressional Districts 1 through 13 attached to this Act and made a part hereof and further identified as "Plan Name: unifiedgeorgia Plan Type: Congress User: staff Administrator: H043".
SECTION 2. Said chapter is further amended by striking subsection (c) of Code Section 21-1-2, relating to the designation of congressional districts, and inserting in its place a new subsection (c) to read as follows:
"(c) The first members elected pursuant to the provisions of this Code section shall be those who are elected to take office in January, 2003 2007. Successors to those members and future successors shall likewise be elected under the provisions of this Code section. Until that time the members of the United States House of Representatives elected in 2000 2004 shall continue to serve and, for all purposes relative to membership in the House of Representatives, the composition of congressional districts from which such members were elected shall remain the same. The provisions of this Code section shall be effective for the primaries and elections of 2002 2006 for the purpose of electing the members in 2002 2006 who are to take office in 2003 2007. For the purpose of appointing or electing members of boards or bodies where such are made on the basis of congressional districts, the provisions of this Code section shall be effective January 1, 2003 2007."
SECTION 3. Pursuant to 42 U.S.C. Section 1973c, the Speaker of the House of Representatives and the President Pro Tempore of the Senate are hereby exclusively authorized to and shall jointly submit this Act on behalf of the state to the United States Department of Justice for preclearance under Section 5 of the Voting Rights Act of 1965, as amended.
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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JOURNAL OF THE HOUSE

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
District 001 Appling County
Atkinson County
Bacon County
Berrien County
Brantley County
Bryan County
Camden County
Charlton County
Chatham County Tract: 102 BG: 3 3000 3001 3004 3005 3006 3020 3021 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: 3 3007 3008 3009 3010 3011 3998 3999 Tract: 109.02 Tract: 110.02 Tract: 110.03 Tract: 110.04 Tract: 111.01 BG: 1

THURSDAY, MARCH 10, 2005
BG: 2 BG: 3 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5996 5997 5998 5999 Tract: 111.03 Tract: 111.04 Tract: 111.05 Tract: 41 Tract: 42.02 BG: 2 2003 2004 2005 2006 2007 BG: 3 3002 3005 3006 3007 3008 3010 3011 3012 3013 BG: 6 BG: 7 BG: 8 BG: 9 Tract: 42.05 Tract: 42.06 Tract: 42.08 BG: 2 2000 2001 2002 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 BG: 3 3000 3001 3006 3007 3008 BG: 5
Clinch County
Coffee County
Cook County
Echols County
Glynn County
Jeff Davis County
Lanier County

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JOURNAL OF THE HOUSE

Liberty County
Long County
Lowndes County Tract: 101.01 Tract: 101.02 Tract: 101.03 Tract: 102.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1043 1044 1045 1046 1047 1999 Tract: 102.02 Tract: 103.01 Tract: 103.02 Tract: 104.01 Tract: 104.02 Tract: 105 Tract: 106.01 Tract: 106.02 Tract: 106.03 Tract: 107 Tract: 108 Tract: 109 Tract: 110 Tract: 111 Tract: 112 Tract: 113.01 Tract: 113.02 Tract: 114.01 BG: 3 Tract: 114.02 Tract: 114.03 BG: 4 4004 4005 4006 4007 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4037 4038 4039 4999 Tract: 115 Tract: 116
McIntosh County

THURSDAY, MARCH 10, 2005
Pierce County Telfair County Ware County Wayne County Wheeler County District 002 Baker County Brooks County Calhoun County Chattahoochee County Clay County Crawford County Crisp County Decatur County Dooly County Dougherty County Early County Grady County Lee County Lowndes County
Tract: 102.01 BG: 1 1015 1016 1017 1037 1038 1039 1040 1041 1042 BG: 2 BG: 3

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JOURNAL OF THE HOUSE

Tract: 114.01 BG: 1 BG: 2 Tract: 114.03 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4008 4009 4010 4011 4032 4033 4034 4035 4036
Macon County
Marion County
Miller County
Mitchell County
Muscogee County Tract: 1 Tract: 10 BG: 2 BG: 3 3003 3004 3005 3006 3007 3008 3009 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 Tract: 105.01 BG: 1 1021 1022 1023 1024 1025 BG: 2 BG: 3 3011 3012 3013 3014 3015 3016 3017 Tract: 106.02 Tract: 106.04 Tract: 106.05 Tract: 106.06 Tract: 107.01 Tract: 107.02 Tract: 107.03 Tract: 108 BG: 9 9008 9009 9010 9011 9012 9013 9014 9015 9016 9017 9018 9992 9993 9994 9995 9996 9997

THURSDAY, MARCH 10, 2005
Tract: 109 Tract: 11 BG: 1 1006 1007 1008 1009 1010 1011 1012 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 BG: 2 BG: 3 3000 3007 3008 3009 3013 3014 3015 3016 3017 3018 3019 3020 3021 Tract: 110 Tract: 12 BG: 2 2013 2035 2040 BG: 3 BG: 4 Tract: 13 Tract: 14 Tract: 15 Tract: 16 Tract: 18 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1010 1011 1012 1013 BG: 2 2000 2001 2002 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 Tract: 19 BG: 1 1012 1013 1014 1022 BG: 2 Tract: 20 Tract: 21 Tract: 22 Tract: 23 Tract: 24 Tract: 25 Tract: 26 Tract: 27 Tract: 28 Tract: 29.01 Tract: 29.02 Tract: 3

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BG: 4 BG: 5 Tract: 30 Tract: 31 Tract: 32 Tract: 33 Tract: 34 Tract: 4 BG: 3 3019 3023 3998 Tract: 5 Tract: 8 Tract: 9 BG: 2
Peach County
Quitman County
Randolph County
Schley County
Seminole County
Stewart County
Sumter County
Talbot County
Taylor County
Terrell County
Thomas County
Webster County
Worth County Tract: 9501 Tract: 9502 BG: 1

JOURNAL OF THE HOUSE

THURSDAY, MARCH 10, 2005
1003 1004 1005 1007 1008 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 BG: 2 BG: 3 BG: 4 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4998 4999 Tract: 9504 BG: 1 1078 1079 1080 1081 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1214 1215 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 BG: 2 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2027 2047 2048 Tract: 9505
District 003 Carroll County
Tract: 9903 BG: 3 3044 3045 3052 3053 3055 3056 3061 3062 3063 3064 3065 3066 3067 3068 3069 3071 3072 3073 3074 3075 3076 3077 Tract: 9904 BG: 1 1038 1039 1040 1041 1042 1043 1046 1047 1048 1049 1050 1051 BG: 2 BG: 3 3000 3001 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 3998 3999

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JOURNAL OF THE HOUSE

Tract: 9905.01 BG: 1 1036 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2014 2015 2016 2017 2018 2024 2030 2031 2032 2033 2034 2035 2036 BG: 3 Tract: 9906 BG: 1 1039 1040 1052 BG: 2 2000 2009 2010 2011 2012 2013 2014 2015 2016 Tract: 9907.01 BG: 1 BG: 2 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2022 2023 2024 2025 2026 2027 2028 2029 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 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3040 3041 3042 3043 3044 3045 3048 3049 3996 3997 3998 3999 Tract: 9907.02 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2008 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2022 2031 2032 2033 2034 2999 Tract: 9907.03 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 1029 1030 1031 1032 1033 1034 1045 1046 1056 1057 1058 1999 BG: 2 2015 2016 2017 2018 2019 2020 2027 2028 2029 2997 Tract: 9908 Tract: 9909 Tract: 9910 Tract: 9911 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 1031 1032

THURSDAY, MARCH 10, 2005
BG: 2 BG: 3 BG: 4 BG: 5 Tract: 9912
Coweta County
Douglas County Tract: 804.01 Tract: 804.02 Tract: 805.04 BG: 3 3022 3023 3024 3025 3026 3027 3028 Tract: 805.05 BG: 1 1026 1027 Tract: 805.06 BG: 3 BG: 4 4012 4013 4015 4016 Tract: 805.07
Fayette County
Harris County
Heard County
Henry County Tract: 701.04 BG: 1 1050 1051 1052 1053 1054 1055 1056 1068 1069 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2019 2020 2022 2024 2025 2026 2027 2028 2029 2030 2031 2032 Tract: 701.05 BG: 1 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1140 1141 1142 1146 BG: 2 2000 2001 2002 2003 2039 2040

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BG: 3 3024 3025 Tract: 701.06 BG: 2 2014 2015 2016 2017 2018 Tract: 702.01 BG: 1 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 BG: 2 Tract: 702.02 Tract: 702.03 Tract: 703.03 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 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 BG: 2 BG: 3 Tract: 703.04 Tract: 703.05 Tract: 703.06 Tract: 704.01 Tract: 704.02 Tract: 705
Lamar County
Meriwether County
Muscogee County Tract: 10 BG: 1 BG: 3 3000 3001 3002 3010 3011 3012 3013 3014 3015 3016 3017 Tract: 101.02

THURSDAY, MARCH 10, 2005
Tract: 101.04 Tract: 101.05 Tract: 101.06 Tract: 102.01 Tract: 102.03 Tract: 102.04 Tract: 102.05 Tract: 103.01 Tract: 103.02 Tract: 104.01 Tract: 104.02 Tract: 105.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 BG: 4 Tract: 105.02 Tract: 108 BG: 9 9000 9001 9002 9003 9004 9005 9006 9007 9998 9999 Tract: 11 BG: 1 1000 1001 1002 1003 1004 1005 1013 BG: 3 3001 3002 3003 3004 3005 3006 3010 3011 3012 Tract: 12 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2036 2037 2038 2039 2041 2042 2043 2044 2045 2046 Tract: 18 BG: 1 1008 1009 1014 BG: 2 2003 Tract: 19 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1015 1016 1017 1018 1019 1020 1021 Tract: 2

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JOURNAL OF THE HOUSE

Tract: 3 BG: 1 BG: 2 BG: 3 Tract: 4 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 3020 3021 3022 3997 3999 Tract: 9 BG: 1
Pike County
Rockdale County Tract: 604.03 BG: 1 1002 1003 1009 1010 1011 1012 1013 1014 1015 1016 BG: 2 BG: 3 Tract: 604.05 BG: 1 1005 1006 1007 1008 1010 1011 1012 1013 1014 1015 1016 BG: 2 BG: 3 Tract: 604.06 BG: 2 2015 2016 2017 2018 Tract: 604.07 BG: 2 2000 2001 BG: 3 3000
Spalding County
Troup County
Upson County
District 004 DeKalb County

THURSDAY, MARCH 10, 2005
Tract: 211 BG: 1 BG: 2 BG: 3 3000 3001 3002 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3999 BG: 4 4001 4002 4003 4005 4006 4007 Tract: 212.04 Tract: 212.08 BG: 1 1020 BG: 2 2010 2011 2012 2013 2014 2016 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 Tract: 212.09 BG: 1 1000 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2022 2023 Tract: 213.01 BG: 1 1015 Tract: 213.02 Tract: 213.03 BG: 1 1009 1010 1011 1012 BG: 2 2000 2001 2002 2003 2006 2008 2009 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2027 2028 2029 2030 2031 2032 2034 2035 2036 Tract: 214.01 BG: 1 1000 1001 1003 1004 1005 Tract: 214.03 Tract: 214.04 Tract: 214.05 Tract: 214.06 BG: 1 Tract: 216.01 BG: 1

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BG: 2 BG: 3 3000 3001 3002 3003 3004 3008 3009 Tract: 217.03 Tract: 217.04 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3023 3024 3025 BG: 9 Tract: 217.05 Tract: 217.06 Tract: 218.05 Tract: 218.06 Tract: 218.08 Tract: 218.09 Tract: 218.10 Tract: 218.11 Tract: 218.12 Tract: 219.02 Tract: 219.04 Tract: 219.06 Tract: 219.07 Tract: 219.08 Tract: 219.09 Tract: 220.01 Tract: 220.04 Tract: 220.05 Tract: 220.06 Tract: 220.07 Tract: 220.08 Tract: 221 Tract: 222 Tract: 226 BG: 2 2010 2014 2015 BG: 3 BG: 4 Tract: 228 BG: 1 BG: 2 2000 2001 2002 2003 2004 2007 BG: 3

THURSDAY, MARCH 10, 2005
3000 3001 3002 3008 3009 Tract: 229 Tract: 230 Tract: 231.01 Tract: 231.02 Tract: 231.05 Tract: 231.06 Tract: 231.07 Tract: 231.08 Tract: 232.03 Tract: 232.04 Tract: 232.06 Tract: 232.08 Tract: 232.09 Tract: 232.10 Tract: 232.11 Tract: 232.12 Tract: 233.02 Tract: 233.03 Tract: 233.05 Tract: 233.06 Tract: 233.07 Tract: 233.09 Tract: 233.10 Tract: 234.04 BG: 1 BG: 3 3000 3001 3002 3003 BG: 4 4011 4012 4013 4014 Tract: 234.05 BG: 1 1000 1001 1002 1003 1004 1006 1007 1999 BG: 3 BG: 4 Tract: 234.10 Tract: 234.11 Tract: 234.12 Tract: 234.13 Tract: 234.14 Tract: 234.15 Tract: 234.16 Tract: 234.17

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Tract: 234.18 Tract: 235.01 Tract: 235.04 Tract: 235.05 Tract: 235.06 Tract: 235.07 Tract: 236.01 Tract: 236.02 Tract: 236.03 Tract: 238.02 BG: 3 3001 3002 3003 3004 3005 Tract: 238.03 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1999 BG: 2 BG: 3 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013
Gwinnett County Tract: 503.04 BG: 1 BG: 2 2018 Tract: 503.06 BG: 1 1017 1018 1019 1020 1021 1022 1023 1024 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1999 BG: 2 Tract: 503.11 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 BG: 3 3015 3016 3017 3020 3021 3022 Tract: 503.12 Tract: 503.13 Tract: 503.14 BG: 3 3005 3006 3007 BG: 4

THURSDAY, MARCH 10, 2005
Tract: 504.03 BG: 1 BG: 2 BG: 3 BG: 4 BG: 9 9000 9001 9002 9003 9004 9005 9006 9007 9008 9009 9010 9011 9012 9013 9014 9018 9019 Tract: 504.10 Tract: 504.11 BG: 4 BG: 5 BG: 6 6005 6006 6007 6008 6009 6010 6011 Tract: 504.17 Tract: 504.18 Tract: 504.19 Tract: 504.20 Tract: 504.21 Tract: 504.22 Tract: 504.23 BG: 3 BG: 4 Tract: 504.24
Rockdale County Tract: 601.01 Tract: 601.02 Tract: 602.01 Tract: 602.02 Tract: 603.04 Tract: 603.05 Tract: 603.06 Tract: 603.07 Tract: 603.08 Tract: 603.09 Tract: 604.03 BG: 1 1000 1001 1004 1005 1006 1007 1008 Tract: 604.04 Tract: 604.05 BG: 1 1000 1001 1002 1003 1004 1009 1017 1018 1019 1020 1021

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JOURNAL OF THE HOUSE

Tract: 604.06 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2998 2999 Tract: 604.07 BG: 1 BG: 2 2002 2003 2004 2005 2006 BG: 3 3001 3002 3003 3004 3005 3006 3007 3999
District 005 Clayton County
Tract: 401 Tract: 402.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1012 1013 1014 1015 1016 1017 BG: 2 2000 2001 Tract: 402.02 BG: 1 1001 1002 1003 1004 1005 1006 BG: 9 9000 9001 9002 9003 9004 9005 9006 9007 9009 9010 9011 9012 9013 9014 9015 9016 9017 9018 9019 9020 9021 9022 9023 9024 9025 9026 9027 9028 9029 9030 9031 9034 9999 Tract: 403.01 Tract: 403.02 Tract: 403.03 BG: 3 3010 3011 3016 3017 3018 BG: 4 4001 4002 4003 4004 4005 4006 4007 4010 4011 4012 4013 Tract: 403.04 BG: 1 1000 1001 1002 1003 1008 1009 BG: 2 2003 2005 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

THURSDAY, MARCH 10, 2005
Tract: 403.05 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3010 Tract: 404.05 BG: 1 1019
DeKalb County Tract: 201 Tract: 202 Tract: 203 Tract: 204 Tract: 205 Tract: 206 Tract: 207 Tract: 208.01 Tract: 208.02 Tract: 209 Tract: 214.01 BG: 1 1002 1006 1007 1008 1009 BG: 2 BG: 3 BG: 4 Tract: 214.06 BG: 2 Tract: 215.01 Tract: 215.02 Tract: 216.01 BG: 3 3005 3006 3007 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3999 BG: 4 Tract: 216.02 Tract: 216.03 Tract: 217.04 BG: 3 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 Tract: 223.01 Tract: 223.02 Tract: 224.01 Tract: 224.02 Tract: 224.03

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JOURNAL OF THE HOUSE

Tract: 225 Tract: 226 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2011 2012 2013 Tract: 227 Tract: 228 BG: 2 2005 2006 BG: 3 3003 3004 3005 3006 3007 Tract: 234.04 BG: 3 3008 3009 3010 3011 Tract: 237 Tract: 238.01 Tract: 238.02 BG: 1 BG: 2 BG: 3 3000 Tract: 238.03 BG: 1 1000 1001 BG: 3 3000 3001 3002 3003 BG: 4
Fulton County Tract: 1 Tract: 10 Tract: 100 Tract: 101.01 Tract: 101.10 BG: 1 1000 1001 1002 1003 1004 1005 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 BG: 2 2000 2001 2002 2003 2004 2010 2011 2012 2019 Tract: 102.06 Tract: 102.07 BG: 1

THURSDAY, MARCH 10, 2005
BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 BG: 3 BG: 4 Tract: 103.03 Tract: 103.04 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5032 Tract: 105.07 BG: 1 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3011 BG: 9 9000 9001 9002 9006 9007 9009 9016 9017 9018 9019 9020 9021 9022 9023 9024 9025 9026 9027 9028 9998 9999 Tract: 105.08 BG: 2 2000 2001 2002 2003 2004 2019 2020 2021 2022 2023 2024 2025 Tract: 105.11 BG: 1 1031 1032 1033 Tract: 106.01 Tract: 106.03 Tract: 106.04 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3019 3020 3021 3022 3023 3024 3025 3026 BG: 4 Tract: 107 Tract: 108 Tract: 109 Tract: 11 Tract: 110 Tract: 111 Tract: 112.01 Tract: 112.02 Tract: 113.01 Tract: 113.03 Tract: 113.04

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JOURNAL OF THE HOUSE

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 1031 1032 1037 1038 1039 1040 1044 1045 1046 1047 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1062 1999 Tract: 12 Tract: 13 Tract: 14 Tract: 15 Tract: 16 Tract: 17 Tract: 18 Tract: 19 Tract: 2 Tract: 21 Tract: 22 Tract: 23 Tract: 24 Tract: 25 Tract: 26 Tract: 27 Tract: 28 Tract: 29 Tract: 30 Tract: 31 Tract: 32 Tract: 33 Tract: 35 Tract: 36 Tract: 37 Tract: 38 Tract: 39 Tract: 4 Tract: 40 Tract: 41 Tract: 42 Tract: 43 Tract: 44 Tract: 46 Tract: 48 Tract: 49 Tract: 5

Tract: 50 Tract: 52 Tract: 53 Tract: 55.01 Tract: 55.02 Tract: 56 Tract: 57 Tract: 58 Tract: 6 Tract: 60 Tract: 61 Tract: 62 Tract: 63 Tract: 64 Tract: 65 Tract: 66.01 Tract: 66.02 Tract: 67 Tract: 68.01 Tract: 68.02 Tract: 69 Tract: 7 Tract: 70.01 Tract: 70.02 Tract: 71 Tract: 72 Tract: 73 Tract: 74 Tract: 75 Tract: 76.01 Tract: 76.02 Tract: 77.01 Tract: 77.02 Tract: 78.02 Tract: 78.05 Tract: 78.06 Tract: 78.07 Tract: 78.08 Tract: 79 Tract: 8 Tract: 80 Tract: 81.01 Tract: 81.02

THURSDAY, MARCH 10, 2005

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Tract: 82.01 Tract: 82.02 Tract: 83.01 Tract: 83.02 Tract: 84 Tract: 85 Tract: 86.01 Tract: 86.02 Tract: 87.01 Tract: 87.02 Tract: 88 Tract: 89.01 Tract: 89.02 Tract: 90 Tract: 91 Tract: 92 Tract: 93 Tract: 94.01 Tract: 94.02 Tract: 95 Tract: 96 Tract: 97 Tract: 98 Tract: 99
District 006 Cherokee County
Cobb County Tract: 303.10 BG: 1 1000 Tract: 303.11 Tract: 303.12 BG: 1 BG: 2 2000 2001 2002 2003 2004 2018 2019 2020 BG: 5 5004 Tract: 303.14 Tract: 303.18 Tract: 303.19 Tract: 303.20

THURSDAY, MARCH 10, 2005
Tract: 303.22 Tract: 303.23 Tract: 303.24 Tract: 303.25 Tract: 303.26 Tract: 303.27 Tract: 303.28 Tract: 303.29 Tract: 303.30 Tract: 303.31 Tract: 303.32 Tract: 303.33 Tract: 303.34 Tract: 303.35 Tract: 303.36 Tract: 303.37 Tract: 303.38 BG: 2 BG: 4 4000 4001 4002 4003 4011 4012 4013 4014 4015 4018 Tract: 303.39 Tract: 304.01 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3014 3015 3016 3017 3018 3019 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 Tract: 304.02 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3014 3015 3016 3017 3018 3019 3020 3021 3022 BG: 4 Tract: 304.05 BG: 1 1000 1001 1002 1003 1004 1005 1008 1009 1010 1012 1013 1014 1023 BG: 2 2022 2023 2024 2025 2029 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2045 2046 Tract: 305.01

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JOURNAL OF THE HOUSE

BG: 1 Tract: 305.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1019 1023 BG: 2 2001 BG: 3 Tract: 305.04 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3014 3015 3016 3018 3019 3020 3024 3025 Tract: 305.05 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1012 BG: 2 2000 2004 2021 Tract: 312.02 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3997 3998 3999 BG: 4 4000 4001 4002 4004 4032 4033 4034 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5017 5018 5019 5020 5021 5022 5023 5024 Tract: 312.03 BG: 1 1000 1001 1002 1003 1008 1036 BG: 2 2000 2001 2002 2003 2004 2005 Tract: 312.04 BG: 1 1050 BG: 2 2000 2001 2002 2003 2004 2005 2006 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2066 2067 2068 2997 2998 2999
DeKalb County Tract: 211

THURSDAY, MARCH 10, 2005
BG: 3 3003 3004 3005 3006 3007 BG: 4 4000 4004 Tract: 212.02 Tract: 212.07 Tract: 212.08 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2015 2017 2018 2019 2020 2021 2047 Tract: 212.09 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 BG: 2 2016 2017 2018 2019 2020 2021 Tract: 212.10 Tract: 212.11 Tract: 212.12 Tract: 212.13 Tract: 212.14 Tract: 213.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 Tract: 213.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1013 1014 1015 1016 1017 BG: 2 2004 2005 2007 2010 2011 2024 2025 2026 2033 Tract: 213.04
Fulton County Tract: 101.06 Tract: 101.07 Tract: 101.08 Tract: 101.09 Tract: 101.10 BG: 1

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1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 BG: 2 2005 2006 2007 2008 2009 2013 2014 2015 2016 2017 2018 Tract: 101.11 Tract: 101.12 Tract: 102.04 Tract: 102.05 Tract: 102.07 BG: 2 2000 Tract: 102.08 Tract: 102.09 Tract: 102.10 Tract: 114.03 Tract: 114.04 Tract: 114.05 Tract: 114.06 Tract: 114.07 Tract: 114.10 Tract: 114.11 Tract: 114.12 Tract: 114.13 Tract: 114.14 Tract: 114.15 Tract: 115.01 Tract: 115.02 Tract: 116.04 Tract: 116.05 Tract: 116.06 Tract: 116.07 Tract: 116.08 Tract: 116.09
District 007 Barrow County
Forsyth County Tract: 1305.02 BG: 1 1072 1073 1074 1075 1076 1077 1078 1079 1090 1093 1132 1135 1136 1995 Tract: 1306

THURSDAY, MARCH 10, 2005
BG: 1 1101 1102 BG: 2 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 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2998
Gwinnett County Tract: 501.03 Tract: 501.04 Tract: 501.05 Tract: 501.06 Tract: 502.02 Tract: 502.04 Tract: 502.05 Tract: 502.06 Tract: 502.07 Tract: 503.04 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 BG: 8 Tract: 503.06 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1025 Tract: 503.07 Tract: 503.08 Tract: 503.09 Tract: 503.10 Tract: 503.11 BG: 1 1021 1022 1023 1024 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3018 3019 Tract: 503.14 BG: 1 BG: 2

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JOURNAL OF THE HOUSE

BG: 3 3000 3001 3002 3003 3004 Tract: 503.15 Tract: 503.16 Tract: 504.03 BG: 9 9015 9016 9017 9020 9021 9022 9023 9024 9025 Tract: 504.11 BG: 1 BG: 3 BG: 6 6000 6001 6002 6003 6004 Tract: 504.15 Tract: 504.16 Tract: 504.23 BG: 1 Tract: 504.25 Tract: 504.26 Tract: 504.27 Tract: 504.28 Tract: 504.29 Tract: 504.30 Tract: 505.07 Tract: 505.09 Tract: 505.10 Tract: 505.11 Tract: 505.12 Tract: 505.13 Tract: 505.14 Tract: 505.15 Tract: 505.16 Tract: 505.17 Tract: 505.18 Tract: 505.19 Tract: 505.20 Tract: 505.21 Tract: 505.22 Tract: 506.02 Tract: 506.03 Tract: 506.04 Tract: 507.04 Tract: 507.05 Tract: 507.09

THURSDAY, MARCH 10, 2005
Tract: 507.12 Tract: 507.13 Tract: 507.14 Tract: 507.15 Tract: 507.16 Tract: 507.17 Tract: 507.18 Tract: 507.19 Tract: 507.20 Tract: 507.21
Newton County Tract: 1001 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 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 2089 2090 2091 2092 2093 2094 2095 2096 2099 2104 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2996 2997 2998 2999 Tract: 1003 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 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1098 1099 1100 1101 1102 1103 1106 1116 1117 1118 1119 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2021 2022 2025 2026 2039 Tract: 1004 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1021 1022 1023 1024 1025 1026

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1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1071 1072 1084 1087 1088 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2030 2031 2032 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 BG: 3 3000 3001 3002 Tract: 1005 BG: 1 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 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 1089 1090 1091 1092 1093
Walton County
District 008 Baldwin County
Tract: 9706 BG: 3 3002 3011 3015 3016 3017 3018 3019 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4023 Tract: 9708 BG: 1 1000 1001 1002 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1023 1024 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 1994 1995 1996 1997 1998 1999 BG: 2 2000 2001 2002 2020 2021 2022 2023 2024 2025 2026 2028 2029 2030 BG: 3 BG: 4 4004 4005 4006 4007 4008 4009 4010 4011 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4999

THURSDAY, MARCH 10, 2005
Ben Hill County
Bibb County
Bleckley County
Butts County
Colquitt County
Dodge County
Houston County
Irwin County
Jasper County
Jones County
Laurens County
Monroe County
Newton County Tract: 1001 BG: 2 2088 2097 2098 2100 2101 2102 2103 2105 Tract: 1002 Tract: 1003 BG: 1 1061 1062 1063 1064 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1104 1105 1107 1108 1109 1110 1111 1112 1113 1114 1115 BG: 2 2000 2001 2017 2018 2019 2020 2023 2024 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 BG: 3 Tract: 1004 BG: 1 1018 1019 1020 1038 1039 1040 1041 1042 1043 1044 1045 1058

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JOURNAL OF THE HOUSE

1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1085 1086 1089 1090 1091 BG: 2 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2033 2034 2035 2036 2037 2038 2039 2040 2041 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 BG: 3 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 Tract: 1005 BG: 1 1000 1001 1002 1003 1004 1005 1006 1026 1027 1028 1029 1030 1031 1032 1033 1034 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1087 1088 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 1999 Tract: 1006 Tract: 1007 Tract: 1008 Tract: 1009
Pulaski County
Tift County
Turner County
Twiggs County
Wilcox County
Wilkinson County
Worth County Tract: 9502 BG: 1 1000 1001 1002 1006 1009 1010 1011 1012 1013 1014 1015 BG: 4 4000 Tract: 9504 BG: 1

THURSDAY, MARCH 10, 2005
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 1082 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 1161 1162 1226 1227 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2026 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 BG: 3 Tract: 9506
District 009 Catoosa County
Dade County
Dawson County
Fannin County
Forsyth County Tract: 1301 Tract: 1302 Tract: 1303 Tract: 1304.01 Tract: 1304.02 Tract: 1305.01 Tract: 1305.02 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

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JOURNAL OF THE HOUSE

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 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1091 1092 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 1133 1134 1137 1994 1996 1997 1998 1999 Tract: 1306 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 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2999
Gilmer County
Gordon County Tract: 9701 Tract: 9702 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 2038 2039 2040 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2059 2060 2064 2065 2066 2067 2996 2997 2998 2999 BG: 3 3003 3004 Tract: 9703 BG: 1 1000 1001 1002 1003 1004 1997 1998 1999

THURSDAY, MARCH 10, 2005
Tract: 9704 BG: 1 1000 1001 1002 1003 Tract: 9708 BG: 1 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3022 3025 3026 3029 3030 Tract: 9709
Hall County
Lumpkin County
Murray County
Pickens County
Union County
Walker County
White County
Whitfield County
District 010 Banks County
Clarke County
Columbia County
Elbert County
Franklin County
Greene County
Habersham County
Hart County

1559

1560

JOURNAL OF THE HOUSE

Jackson County
Lincoln County
Madison County
McDuffie County
Morgan County
Oconee County
Oglethorpe County
Putnam County
Rabun County
Richmond County Tract: 1 Tract: 10 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1017 BG: 2 BG: 3 BG: 4 Tract: 101.01 Tract: 101.02 Tract: 101.04 Tract: 101.05 Tract: 102.01 Tract: 102.03 Tract: 102.04 Tract: 105.04 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1009 1019 1020 1021 1022 1026 BG: 2 2000 2001 2002 2003 2004 2005 2009 2010 2012 2013 2024 2025 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 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

THURSDAY, MARCH 10, 2005
2077 2078 2079 2080 2081 2082 2083 2084 2997 2998 2999 Tract: 105.05 BG: 2 2009 Tract: 107.04 BG: 1 1060 Tract: 108 BG: 9 9000 9001 9002 9003 9004 9005 9006 9007 9008 9009 9996 9997 9998 9999 Tract: 109.01 BG: 4 4046 Tract: 11 Tract: 12 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 BG: 4 4002 4006 4007 4008 4009 4010 BG: 5 5000 5001 BG: 6 BG: 7 Tract: 13 BG: 2 2015 2016 2017 2021 2022 Tract: 16 Tract: 2 Tract: 3 Tract: 4 Tract: 6 BG: 1 1002 1015 1016 BG: 2 2006 2007 2020 BG: 4 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4023 4024 4025 4026 4027 Tract: 7 BG: 2

1561

1562

JOURNAL OF THE HOUSE

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 2049 2050 Tract: 8 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 1032 1998 1999 BG: 2 Tract: 9 BG: 2 2002 2003 2004 2007 BG: 3 BG: 4
Stephens County
Towns County
Wilkes County
District 011 Bartow County
Carroll County Tract: 9901.01 Tract: 9901.02 Tract: 9902 Tract: 9903 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 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3046 3047 3048 3049 3050 3051 3054 3057 3058 3059 3060 3070 3078 3079 3998 3999 Tract: 9904 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 1044 1045 1999

THURSDAY, MARCH 10, 2005
BG: 3 3002 Tract: 9905.01 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 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 BG: 2 2000 2001 2012 2013 2019 2020 2021 2022 2023 2025 2026 2027 2028 2029 Tract: 9905.02 Tract: 9906 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 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1998 1999 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 BG: 3 Tract: 9907.01 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2021 BG: 3 3034 3035 3036 3037 3038 3039 3046 3047 3050 3051 3052 3053 Tract: 9907.02 BG: 2 2006 2007 2009 2021 2023 2024 2025 2026 2027 2028 2029 2030 Tract: 9907.03 BG: 1 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1047 1048 1049 1050 1051 1052 1053 1054 1055 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2021 2022 2023 2024 2025 2026 2998 2999 Tract: 9911

1563

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JOURNAL OF THE HOUSE

BG: 1 1030
Chattooga County
Cobb County Tract: 301.01 Tract: 301.02 Tract: 301.03 Tract: 302.05 Tract: 302.08 Tract: 302.09 Tract: 302.10 Tract: 302.11 Tract: 302.12 Tract: 302.13 Tract: 302.14 Tract: 302.15 Tract: 302.16 Tract: 302.17 Tract: 303.10 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 BG: 2 BG: 3 BG: 4 BG: 5 Tract: 303.12 BG: 2 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 BG: 3 BG: 4 BG: 5 5000 5001 5002 5003 Tract: 303.13 Tract: 303.38 BG: 3 3002 Tract: 304.01 BG: 3 3013 3020 Tract: 304.02

THURSDAY, MARCH 10, 2005
BG: 3 3013 Tract: 304.04 Tract: 304.05 BG: 1 1006 1007 1011 1015 1016 1017 1018 1019 1020 1021 1022 1024 1025 1026 1027 1028 1029 1030 1031 1032 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2017 2018 2019 2020 2021 2026 2027 2028 2030 2031 2044 2047 Tract: 304.06 BG: 1 1000 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 BG: 2 2000 2003 BG: 3 3006 3007 3008 3009 3010 BG: 4 4000 BG: 5 5000 5001 5002 5003 5006 Tract: 305.01 BG: 2 BG: 3 BG: 4 Tract: 305.02 BG: 1 1016 1017 1018 1020 1021 1022 1024 1025 1026 BG: 2 2000 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 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 2999 Tract: 305.04 BG: 1 BG: 2 BG: 3 3012 3013 3017 3021 3022 3023 Tract: 305.05 BG: 1

1565

1566

JOURNAL OF THE HOUSE

1010 1011 1013 1014 1015 1016 1017 BG: 2 2001 2002 2003 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 Tract: 306 Tract: 307 Tract: 308 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 3023 3024 3025 3026 3027 3028 3029 3030 3031 3037 3038 3039 3040 3041 3043 Tract: 309.01 Tract: 309.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3014 3016 3017 BG: 4 4000 4003 4004 4006 4007 4008 4009 4012 Tract: 309.04 BG: 4 4012 Tract: 309.05 BG: 1 1000 1011 Tract: 310.01 BG: 9 9000 9001 9002 9003 9004 9005 9006 9007 9008 9009 9010 9011 9012 9013 9014 9015 9016 9017 9018 9019 9020 9021 9022 9023 9024 9025 9026 9027 9028 9029 9030 9031 9032 9033 9034 9035 9036 9037 9038 9039 9040 9041 9043 9044 9045 9046 9047 9048 9049 9050 Tract: 311.08 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2010 2011 2012 2014

THURSDAY, MARCH 10, 2005
2015 2016 2017 2018 2019 2020 2021 2022 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3013 3014 3015 3016 3022 3027 3028 3029 3030 3031 3032 3033 3034 BG: 4 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 Tract: 311.09 BG: 1 1017 1018 BG: 2 Tract: 311.11 BG: 1 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 Tract: 315.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1013 1014 1015 1016 1018 1019 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2013 2014 2016 2018 2019 2020 2021 2025 2026 2027 2028 2999 Tract: 315.05 BG: 1 1002 1003 1004 1005 1006 1024 1025
Floyd County
Gordon County Tract: 9702 BG: 2 2041 2042 2043 2054 2055 2056 2057 2058 2061 2062 2063 BG: 3 3000 3001 3002 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3993 3994 3995 3996 3997 3998 3999 BG: 4 Tract: 9703 BG: 1 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028

1567

1568

JOURNAL OF THE HOUSE

1029 1030 1031 1032 1995 1996 BG: 2 BG: 3 BG: 4 Tract: 9704 BG: 1 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 1999 BG: 2 BG: 3 Tract: 9705 Tract: 9706 Tract: 9707 Tract: 9708 BG: 2 BG: 3 3014 3015 3016 3017 3018 3019 3020 3021 3023 3024 3027 3028 3031 3032 3033 3034
Haralson County
Paulding County
Polk County
District 012 Baldwin County
Tract: 9701 Tract: 9702 Tract: 9703 Tract: 9704 Tract: 9705 Tract: 9706 BG: 1 BG: 2 BG: 3 3000 3001 3003 3004 3005 3006 3007 3008 3009 3010 3012 3013 3014 BG: 4 4022 Tract: 9707.01 Tract: 9707.02

THURSDAY, MARCH 10, 2005
Tract: 9708 BG: 1 1003 1004 1005 1006 1007 1008 1021 1022 1025 1026 1027 1028 1993 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2027 BG: 4 4000 4001 4002 4003 4012 4013 4014 4015 4016
Bulloch County
Burke County
Candler County
Chatham County Tract: 1 Tract: 101.01 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: 105.01 Tract: 105.02 Tract: 106.01 Tract: 106.03 Tract: 106.04 Tract: 106.05 Tract: 107 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

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JOURNAL OF THE HOUSE

BG: 1 BG: 2 2000 2001 2002 BG: 4 BG: 5 Tract: 108.05 BG: 1 Tract: 109.01 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 Tract: 11 Tract: 111.01 BG: 5 5015 5016 5017 5018 5019 5020 5021 5022 5023 5993 5994 5995 Tract: 12 Tract: 13 Tract: 15 Tract: 18 Tract: 19 Tract: 20 Tract: 21 Tract: 22 Tract: 23 Tract: 24 Tract: 25 Tract: 26 Tract: 27 Tract: 28 Tract: 29 Tract: 3 Tract: 30 Tract: 32 Tract: 33.01 Tract: 33.02 Tract: 34 Tract: 35.01 Tract: 35.02 Tract: 36.01 Tract: 36.02 Tract: 37 Tract: 38

THURSDAY, MARCH 10, 2005
Tract: 39 Tract: 40.01 Tract: 40.02 Tract: 42.02 BG: 1 BG: 2 2000 2001 2002 BG: 3 3000 3001 3003 3004 3009 3014 3015 3016 BG: 4 BG: 5 Tract: 42.07 Tract: 42.08 BG: 1 BG: 2 2003 2004 BG: 3 3002 3003 3004 3005 BG: 4 Tract: 43 Tract: 44 Tract: 45 Tract: 6.01 Tract: 8 Tract: 9
Effingham County
Emanuel County
Evans County
Glascock County
Hancock County
Jefferson County
Jenkins County
Johnson County
Montgomery County

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1572

JOURNAL OF THE HOUSE

Richmond County Tract: 10 BG: 1 1016 1018 1019 1020 Tract: 103 Tract: 104 Tract: 105.04 BG: 1 1008 1010 1011 1012 1013 1014 1015 1016 1017 1018 1023 1024 1025 1027 1028 BG: 2 2006 2007 2008 2011 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2026 2027 2028 2029 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2085 2086 Tract: 105.05 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 BG: 3 Tract: 105.06 Tract: 105.07 Tract: 105.08 Tract: 105.09 Tract: 105.10 Tract: 105.11 Tract: 106 Tract: 107.03 Tract: 107.04 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 1061 1062 1063 1064 1065 1066 Tract: 107.05 Tract: 107.06 Tract: 108 BG: 9 9010 9011 9012 9013 9014 Tract: 109.01 BG: 1

THURSDAY, MARCH 10, 2005
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 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4998 4999 Tract: 109.02 Tract: 12 BG: 1 1018 1019 BG: 2 BG: 3 BG: 4 4000 4001 4003 4004 4005 BG: 5 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 Tract: 13 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2018 2019 2020 2023 2024 2025 2026 2027 2028 2029 Tract: 14 Tract: 15-2 Tract: 6 BG: 1 1000 1001 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1999 BG: 2 2000 2001 2002 2003 2004 2005 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 BG: 3 BG: 4 4000 4021 4022 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 Tract: 7 BG: 1 BG: 2 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038

1573

1574

JOURNAL OF THE HOUSE

2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 BG: 3 Tract: 8 BG: 1 1030 1031 Tract: 9 BG: 1 BG: 2 2000 2001 2005 2006 2008
Screven County
Taliaferro County
Tattnall County
Toombs County
Treutlen County
Warren County
Washington County
District 013 Clayton County
Tract: 402.01 BG: 1 1011 1018 1019 1020 1021 1022 1023 1024 1025 1026 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Tract: 402.02 BG: 1 1000 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1998 1999 BG: 9 9008 9032 9033 9035 9036 9997 9998 Tract: 403.03 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3012 3013

THURSDAY, MARCH 10, 2005
3014 3015 BG: 4 4000 4008 4009 BG: 5 BG: 6 Tract: 403.04 BG: 1 1004 1005 1006 1007 1010 1011 1012 1013 1014 1015 BG: 2 2000 2001 2002 2004 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 BG: 3 3023 Tract: 403.05 BG: 1 BG: 2 BG: 3 3009 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 Tract: 404.05 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 BG: 2 BG: 3 Tract: 404.06 Tract: 404.07 Tract: 404.08 Tract: 404.09 Tract: 404.10 Tract: 404.11 Tract: 404.12 Tract: 404.13 Tract: 405.03 Tract: 405.06 Tract: 405.09 Tract: 405.10 Tract: 405.11 Tract: 405.12 Tract: 405.13 Tract: 405.14 Tract: 405.15

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JOURNAL OF THE HOUSE

Tract: 405.16 Tract: 405.17 Tract: 405.18 Tract: 406.06 Tract: 406.07 Tract: 406.08 Tract: 406.09 Tract: 406.10 Tract: 406.11 Tract: 406.12 Tract: 406.13 Tract: 406.14
Cobb County Tract: 303.38 BG: 1 BG: 3 3000 3001 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 BG: 4 4004 4005 4006 4007 4008 4009 4010 4016 4017 4019 4020 4021 4022 4023 4024 4025 Tract: 304.05 BG: 2 2016 Tract: 304.06 BG: 1 1001 BG: 2 2001 2002 BG: 3 3000 3001 3002 3003 3004 3005 BG: 4 4001 4002 BG: 5 5004 5005 5007 5008 Tract: 308 BG: 3 3020 3021 3022 3032 3033 3034 3035 3036 3042 Tract: 309.02 BG: 1 1019 1020 1021 1022 1023 1024 BG: 2 BG: 3

THURSDAY, MARCH 10, 2005
3013 3015 BG: 4 4001 4002 4005 4010 4011 4013 4014 Tract: 309.04 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 Tract: 309.05 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 BG: 2 BG: 3 Tract: 310.01 BG: 1 BG: 2 BG: 9 9042 Tract: 310.02 Tract: 310.04 Tract: 310.05 Tract: 311.01 Tract: 311.05 Tract: 311.06 Tract: 311.07 Tract: 311.08 BG: 1 1010 1011 BG: 2 2008 2009 2013 BG: 3 3010 3011 3012 3017 3018 3019 3020 3021 3023 3024 3025 3026 BG: 4 4000 4001 4002 4003 4015 4016 4017 4018 4019 Tract: 311.09 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 Tract: 311.10 Tract: 311.11

1577

1578

JOURNAL OF THE HOUSE

BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1035 1036 1037 1038 1039 1040 Tract: 311.12 Tract: 312.02 BG: 3 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3996 BG: 4 4003 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 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 BG: 5 5010 5011 5012 5013 5014 5015 5016 BG: 6 Tract: 312.03 BG: 1 1004 1005 1006 1007 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1037 1038 BG: 2 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 2998 2999 Tract: 312.04 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 BG: 2 2007 2008 2009 2010 2011 2012 2013 2014 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2062 2063 2064 2065 Tract: 313.02 Tract: 313.06 Tract: 313.07 Tract: 313.08 Tract: 313.09 Tract: 313.10

THURSDAY, MARCH 10, 2005
Tract: 313.11 Tract: 314.04 Tract: 314.05 Tract: 314.06 Tract: 314.07 Tract: 315.01 BG: 1 1010 1011 1012 1017 BG: 2 2012 2015 2017 2022 2023 2024 2029 2030 2031 2032 2033 2034 BG: 3 BG: 4 BG: 5 BG: 6 BG: 7 Tract: 315.03 Tract: 315.04 Tract: 315.05 BG: 1 1000 1001 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 BG: 2 BG: 3
DeKalb County Tract: 234.04 BG: 2 BG: 3 3004 3005 3006 3007 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 BG: 5 Tract: 234.05 BG: 1 1005 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1998 BG: 2
Douglas County Tract: 801.01 Tract: 802.01 Tract: 802.02

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JOURNAL OF THE HOUSE

Tract: 803.01 Tract: 803.02 Tract: 805.03 Tract: 805.04 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3999 BG: 4 Tract: 805.05 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 BG: 2 Tract: 805.06 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4014 4017 4018 4019 4020 4021 4022 4023 4024 Tract: 806.01 Tract: 806.02
Fulton County Tract: 103.01 Tract: 103.04 BG: 5 5030 5031 5033 5034 5035 5036 5037 5038 5039 5040 5041 Tract: 104 Tract: 105.07 BG: 3 3008 3009 3010 3012 3013 3014 3015 3016 3017 3018 3019 3999 BG: 9 9003 9004 9005 9008 9010 9011 9012 9013 9014 9015 Tract: 105.08 BG: 2 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2026 2027 2028 2029 2030 2031 2032 2033 2034 Tract: 105.09 Tract: 105.10 Tract: 105.11 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

THURSDAY, MARCH 10, 2005
1024 1025 1026 1027 1028 1029 1030 1034 BG: 2 BG: 4 Tract: 105.12 Tract: 105.13 Tract: 105.14 Tract: 106.04 BG: 3 3012 3013 3014 3015 3016 3017 3018 Tract: 113.04 BG: 1 1030 1033 1034 1035 1036 1041 1042 1043 1048 1049 1060 1061 1063 1064 1065 1066 1067 1068 1069 1070
Henry County Tract: 701.01 Tract: 701.02 Tract: 701.04 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 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1997 1998 1999 BG: 2 2018 2021 2023 Tract: 701.05 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 1138 1139 1143 1144 1145 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 BG: 2 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015

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2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2041 2042 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 3027 Tract: 701.06 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2019 2020 2021 2022 2023 2024 2999 Tract: 702.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 Tract: 703.03 BG: 1 1000

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 Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard E Barnes Y Bearden N Beasley-Teague N Benfield Y Benton N Black N Bordeaux N Borders Y Bridges N Brooks Y Brown N Bruce E Bryant N Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns

Y Crawford N Cummings Y Davis Y Day N Dean Y Dickson E Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger N Golick

N Holmes Y Holt Y Horne Y Houston N Howard N Hudson N Hugley N Jackson Y Jacobs N James Y Jamieson Y Jenkins Y Jennings N Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown N Kidd Y Knight Y Knox Y Lakly

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver N O'Neal N Orrock N Parham Y Parrish Y Parsons

N Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler N Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Y Stephens N Stephenson N Talton N Teilhet N Thomas, A.M

THURSDAY, MARCH 10, 2005

1583

Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell N Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T Y Cooper Y Cox

Y Graves, D Y Graves, T N Greene N Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A

Y Lane, B Y Lane, R Y Lewis Y Lindsey N Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin Y Martin

N Porter Y Powell Y Ralston N Randall N Ray N Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

N Thomas, B Y Tumlin Y Walker N Warren N Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 104, nays 72.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, HB 499 was ordered immediately transmitted to the Senate.

HB 17. By Representatives Hill of the 21st, Murphy of the 23rd, Scheid of the 22nd and Byrd of the 20th:

A BILL to be entitled an Act to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective businesses and private security businesses, so as to authorize the Georgia Board of Private Detective and Security Agencies to establish requirements of continuing education as a condition of license renewal; to provide for conditions, limitations, and waiver; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL

To amend Code Section 43-38-7 of the Official Code of Georgia Annotated, relating to registration by the Georgia Board of Private Detective and Security Agencies, so as to authorize the board to establish requirements of continuing education; to provide for conditions, limitations, and waiver; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

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Code Section 43-38-7 of the Official Code of Georgia Annotated, relating to registration by the Georgia Board of Private Detective and Security Agencies, is amended in subsection (c) by striking "and" at the end of paragraph (5), by striking the period at the end of paragraph (6) and inserting in its place "; and" and by adding a new paragraph immediately following paragraph (6), to be designated paragraph (7) to read as follows:
"(7) The board shall be authorized to require continuing education as a condition of renewal for all persons required to be registered with the board under this chapter. The board shall be authorized to waive the continuing education requirement in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by the Committee on Rules, was read and adopted:
A BILL
To amend Code Section 43-38-7 of the Official Code of Georgia Annotated, relating to registration by the Georgia Board of Private Detective and Security Agencies, so as to authorize the board to establish requirements of continuing education; to provide for conditions, limitations, and waiver; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 43-38-7 of the Official Code of Georgia Annotated, relating to registration by the Georgia Board of Private Detective and Security Agencies, is amended in subsection (c) by striking "and" at the end of paragraph (5), by striking the period at the end of paragraph (6) and inserting in its place "; and" and by adding a new paragraph immediately following paragraph (6), to be designated paragraph (7) to read as follows:
"(7) The board shall be authorized to require continuing education as a condition of renewal for all persons required to be registered with the board under this chapter. The board shall be authorized to promulgate rules and regulations addressing requirement for continuing education and circumstances for which a waiver of this requirement may be granted."
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.

THURSDAY, MARCH 10, 2005

1585

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

Y Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton
Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown
Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes
Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger
Golick Y Graves, D Y Graves, T Y Greene
Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson
Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan
Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Lunsford E Maddox Y Mangham Y Manning Y Marin Martin

Maxwell Y May Y McCall Y McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell
Morgan Morris Y Mosby Y Mosley Y Mumford Murphy, J Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, 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.

Representative Jacobs of the 80th and Maxwell of the 17th 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 Keen of the 179th assumed the chair.

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HB 341. By Representatives Burkhalter of the 50th, Keen of the 179th and Harbin of the 118th:

A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide for the tax treatment of certain airline industry transactions; to provide for a partial exemption under certain circumstances of jet fuel sold to certain qualifying airlines and provide for the manner of collection of tax with respect to nonexempt sales; to provide that jet fuel sold to certain qualifying airlines shall be exempt from certain local sales and use taxes under certain circumstances; to provide that certain sales of food and beverages for consumption by airline passengers and crew shall be exempt from taxation under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

Representative Buckner of the 76th moved that HB 341 be placed upon the table.

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

Y Abdul-Salaam N Amerson Y Anderson N Ashe N Barnard E Barnes N Bearden Y Beasley-Teague
Benfield N Benton N Black Y Bordeaux N Borders N Bridges Y Brooks N Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G N Burkhalter N Burmeister N Burns
Butler N Byrd N Carter N Casas
Chambers N Channell N Cheokas N Coan

N Crawford N Cummings N Davis N Day N Dean N Dickson E Dodson N Dollar N Drenner Y Dukes N Ehrhart N England N Epps N Fleming Y Floyd, H N Floyd, J Y Fludd N Forster N Franklin N Freeman N Gardner N Geisinger N Golick N Graves, D N Graves, T N Greene N Hanner N Harbin N Hatfield N Heard, J
Heard, K

Y Holmes N Holt N Horne N Houston N Howard N Hudson Y Hugley
Jackson N Jacobs Y James N Jamieson
Jenkins N Jennings N Johnson N Jones, J
Jones, S Y Jordan
Keen N Keown Y Kidd N Knight N Knox N Lakly N Lane, B N Lane, R N Lewis N Lindsey
Lord N Loudermilk
Lucas N Lunsford

Maxwell N May N McCall N McClinton N Meadows
Millar N Miller E Mills Y Mitchell
Morgan N Morris Y Mosby N Mosley N Mumford N Murphy, J
Murphy, Q N Neal N Oliver N O'Neal
Orrock N Parham N Parrish N Parsons N Porter N Powell N Ralston Y Randall N Ray Y Reece, B N Reece, S N Reese

N Sailor N Scheid N Scott, A N Scott, M N Setzler N Shaw N Sheldon N Sims, C Y Sims, F Y Sinkfield N Smith, B N Smith, L N Smith, P N Smith, R N Smith, T N Smith, V N Smyre N Stanley-Turner N Stephens Y Stephenson N Talton N Teilhet
Thomas, A.M Y Thomas, B N Tumlin N Walker N Warren
Watson N Wilkinson N Willard N Williams, A

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1587

N Cole N Coleman, B N Coleman, T N Cooper N Cox

N Heckstall N Hembree
Henson Y Hill, C N Hill, C.A

E Maddox Y Mangham
Manning Y Marin N Martin

N Rice N Roberts N Rogers N Royal N Rynders

Y Williams, E N Williams, R N Wix N Yates
Richardson, Speaker

On the motion, the ayes were 28, nays 127.

The motion failed.

The following Committee substitute was read and withdrawn:

A BILL

To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide for the tax treatment of certain airline industry transactions; to provide for a limited period of time for a partial exemption under certain circumstances of jet fuel sold to certain qualifying airlines and provide for the manner of collection of tax with respect to nonexempt sales; to provide for a limited period of time that jet fuel sold to certain qualifying airlines shall be exempt from certain local sales and use taxes under certain circumstances; to provide for a limited period of time that certain sales of food and beverages for consumption by airline passengers and crew shall be exempt from sales and use taxes under certain circumstances; to provide for related matters; to provide for effective dates; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, is amended by striking subparagraph (B) of paragraph (33) and inserting in its place a new subparagraph (B) to read as follows:
"(B) In Except as otherwise provided in paragraph (33.1) of this Code section, in lieu of any tax under this article which would apply to the purchase, sale, use, storage, or consumption of the tangible personal property described in this paragraph but for this exemption, the tax under this article shall apply with respect to all fuel purchased and delivered within this state by or to any common carrier and with respect to all fuel purchased outside this state and stored in this state irrespective, in either case, of the place of its subsequent use;".

SECTION 2. Said Code section is further amended by striking subparagraph (B) of paragraph (33) and inserting in its place a new subparagraph (B) to read as follows:

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"(B) In lieu of any tax under this article which would apply to the purchase, sale, use, storage, or consumption of the tangible personal property described in this paragraph but for this exemption, the tax under this article shall apply with respect to all fuel purchased and delivered within this state by or to any common carrier and with respect to all fuel purchased outside this state and stored in this state irrespective, in either case, of the place of its subsequent use;"
SECTION 3. Said Code section is further amended by adding after paragraph (33) a new paragraph (33.1) to read as follows:
"(33.1)(A) The sale or use of jet fuel to or by a qualifying airline, to the extent provided in subparagraphs (B) and (C) of this paragraph.
(B)(i) For each fiscal year beginning after June 30, 2005, each qualifying airline shall pay the first $15 million of state sales and use tax, plus applicable local sales and use tax, levied or imposed by this chapter on the purchase or use of jet fuel. Thereafter, the purchase of jet fuel by a qualifying airline during the fiscal year shall be exempt from state and local sales and use tax except as provided in division (ii) of this subparagraph. (ii) The exemption provided in division (i) of this subparagraph shall not apply to any local option sales tax for educational purposes authorized pursuant to the authority of Article VIII, Section VI, Paragraph IV of the Constitution of Georgia and which is effective before July 1, 2005. (C) The sale or use of jet fuel to or by a qualifying airline shall not be subject to any local sales and use tax which becomes effective on or after July 1, 2005. (D) Each qualifying airline purchasing jet fuel on which state sales and use tax is reasonably expected to exceed $15 million shall report and pay directly to the Department of Revenue the tax applicable to the purchase of jet fuel under procedures required by the commissioner. (E) For the purposes of this subparagraph, the term 'local sales and use tax' shall mean any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; or by or pursuant to Article 2, 2A, 3, or 4 of this chapter. (F) The exemption provided for in this paragraph shall apply only as to transactions occurring on or after July 1, 2005, and prior to July 1, 2007. (G) For purposes of this paragraph, a 'qualifying airline' shall mean any person which is authorized by the Federal Aviation Administration or appropriate agency of the United States to operate as an air carrier under an air carrier operating certificate and which provides regularly scheduled flights for the transportation of passengers or cargo for hire.

THURSDAY, MARCH 10, 2005

1589

(H) The commissioner shall adopt rules and regulations to carry out the provisions of this paragraph. (I) This paragraph shall stand repealed in its entirety on July 1, 2007;"
SECTION 4. Said Code Section 48-8-3 is further amended by striking the word "or" at the end of paragraph (79); substituting the symbol and word "; or" for the period at the end of paragraph (80); and adding a new paragraph (81) to read as follows:
"(81) The sale of food and beverages to a commercial airline for service to passengers and crew in the aircraft, whether in flight or on the ground, and the furnishing without charge of food and beverages to qualifying airline passengers and crew in the aircraft, whether in flight or on the ground. This paragraph shall stand repealed in its entirety on July 1, 2007."
SECTION 5. (a) Except as otherwise provided in this section, this Act shall become effective July 1, 2005. (b) Section 2 of this Act shall become effective July 1, 2007. (c) Section 1 of this Act shall stand repealed in its entirety on July 1, 2007.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by the Committee on Rules, was read and adopted:
A BILL
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide for the tax treatment of certain airline industry transactions; to provide for a limited period of time for a partial exemption under certain circumstances of jet fuel sold to certain qualifying airlines and provide for the manner of collection of tax with respect to nonexempt sales; to provide for a limited period of time that jet fuel sold to certain qualifying airlines shall be exempt from certain local sales and use taxes under certain circumstances; to provide that certain sales of food and beverages for consumption by airline passengers and crew shall be exempt from sales and use taxes under certain circumstances; to provide for related matters; to provide for effective dates; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.

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Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, is amended by striking subparagraph (B) of paragraph (33) and inserting in its place a new subparagraph (B) to read as follows:
"(B) In Except as otherwise provided in paragraph (33.1) of this Code section, in lieu of any tax under this article which would apply to the purchase, sale, use, storage, or consumption of the tangible personal property described in this paragraph but for this exemption, the tax under this article shall apply with respect to all fuel purchased and delivered within this state by or to any common carrier and with respect to all fuel purchased outside this state and stored in this state irrespective, in either case, of the place of its subsequent use;".
SECTION 2. Said Code section is further amended by striking subparagraph (B) of paragraph (33) and inserting in its place a new subparagraph (B) to read as follows:
"(B) In lieu of any tax under this article which would apply to the purchase, sale, use, storage, or consumption of the tangible personal property described in this paragraph but for this exemption, the tax under this article shall apply with respect to all fuel purchased and delivered within this state by or to any common carrier and with respect to all fuel purchased outside this state and stored in this state irrespective, in either case, of the place of its subsequent use;"
SECTION 3. Said Code section is further amended by adding after paragraph (33) a new paragraph (33.1) to read as follows:
"(33.1)(A) The sale or use of jet fuel to or by a qualifying airline, to the extent provided in subparagraphs (B) and (C) of this paragraph.
(B)(i) For each fiscal year beginning after June 30, 2005, each qualifying airline shall pay the first $15 million of state sales and use tax, plus applicable local sales and use tax, levied or imposed by this chapter on the purchase or use of jet fuel. Thereafter, the purchase of jet fuel by a qualifying airline during the fiscal year shall be exempt from state and local sales and use tax except as provided in division (ii) of this subparagraph. (ii) The exemption provided in division (i) of this subparagraph shall not apply to any local option sales tax for educational purposes authorized pursuant to the authority of Article VIII, Section VI, Paragraph IV of the Constitution of Georgia and which is effective before July 1, 2005. (C) The sale or use of jet fuel to or by a qualifying airline shall not be subject to any local sales and use tax which becomes effective on or after July 1, 2005. (D) Each qualifying airline purchasing jet fuel on which state sales and use tax is reasonably expected to exceed $15 million shall report and pay directly to the Department of Revenue the tax applicable to the purchase of jet fuel under procedures required by the commissioner.

THURSDAY, MARCH 10, 2005

1591

(E) For the purposes of this subparagraph, the term 'local sales and use tax' shall mean any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; or by or pursuant to Article 2, 2A, 3, or 4 of this chapter. (F) The exemption provided for in this paragraph shall apply only as to transactions occurring on or after July 1, 2005, and prior to July 1, 2007. (G) For purposes of this paragraph, a 'qualifying airline' shall mean any person which is authorized by the Federal Aviation Administration or appropriate agency of the United States to operate as an air carrier under an air carrier operating certificate and which provides regularly scheduled flights for the transportation of passengers or cargo for hire. (H) The commissioner shall adopt rules and regulations to carry out the provisions of this paragraph. (I) This paragraph shall stand repealed in its entirety on July 1, 2007;"
SECTION 4. Said Code Section 48-8-3 is further amended by striking the word "or" at the end of paragraph (79); substituting the symbol and word "; or" for the period at the end of paragraph (80); and adding a new paragraph (81) to read as follows:
"(81) The sale of food and beverages to a commercial airline for service to passengers and crew in the aircraft, whether in flight or on the ground, and the furnishing without charge of food and beverages to qualifying airline passengers and crew in the aircraft, whether in flight or on the ground."
SECTION 5. (a) Except as otherwise provided in this section, this Act shall become effective July 1, 2005. (b) Section 2 of this Act shall become effective July 1, 2007. (c) Section 1 of this Act shall stand repealed in its entirety on July 1, 2007.
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, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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N Abdul-Salaam Y Amerson N Anderson Y Ashe
Barnard E Barnes Y Bearden N Beasley-Teague N Benfield Y Benton Y Black
Bordeaux Y Borders Y Bridges N Brooks Y Brown Y Bruce E Bryant Y Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns
Butler Y Byrd Y Carter Y Casas
Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner
Dukes Y Ehrhart Y England Y Epps Y Fleming N Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

N Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson N Hugley
Jackson Y Jacobs N James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S N Jordan
Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford E Maddox N Mangham
Manning N Marin Y Martin

Maxwell Y May Y McCall N McClinton Y Meadows
Millar Y Miller E Mills N Mitchell
Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J
Murphy, Q Y Neal Y Oliver Y O'Neal
Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston N Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens N Stephenson Y Talton Y Teilhet Y Thomas, A.M N Thomas, B Y Tumlin Y Walker Y Warren
Watson Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 138, nays 21.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Maxwell of the 17th 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.

Due to a mechanical malfunction, the vote of Representative Barnard of the 166th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

THURSDAY, MARCH 10, 2005

1593

HB 346. By Representatives Barnard of the 166th, Keen of the 179th, Harbin of the 118th, Stephens of the 164th, Graves of the 137th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Lottery for Education, so as to provide for methods of payment of lottery tickets; to authorize the establishment of a financial account; to provide for the deposit of funds into individual accounts by members of the public; to provide for methods of deposit; to provide that no funds deposited shall be refunded; to provide for abandoned accounts; to authorize and direct the board of trustees to devise a method pursuant to which a person who is eligible to purchase a Georgia lottery ticket may purchase a share in a lottery game by means of a public or private computer terminal or other electronic means; to provide for periodic progress reports; 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 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Lottery for Education, so as to provide for methods of payment of lottery tickets; to authorize the establishment of an individual lottery account; to provide for the deposit of funds into individual lottery accounts by registered members of the public; to provide for methods of deposit; to provide that no funds deposited shall be refunded; to provide for abandoned accounts; to authorize and direct the board of trustees to devise a method pursuant to which a person who is eligible to purchase a Georgia lottery ticket may purchase a share in a lottery game by means of a public or private computer terminal or other electronic means; to provide for certain contracts; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Lottery for Education, is amended by striking in its entirety paragraph (2) of Code Section 50-27-10, relating to adoption by the board of procedures regulating the conduct of lottery games, and inserting in lieu thereof the following:
"(2) The sale price of tickets or shares and the manner of sale; provided, however, that all sales shall be for cash only and payment by checks, credit cards, charge cards,

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or any form of deferred payment is prohibited by cash, certified funds, debit card, or other electronic transaction; however, no payments by debit card will be accepted at an authorized participating Georgia lottery retailer;".
SECTION 2. Said article is further amended by inserting immediately following Code Section 50-2723 a new Code section to read as follows:
"50-27-23.1. (a) The corporation is authorized to establish an individual lottery account designed so that any person who is eligible to purchase Georgia lottery tickets or shares can establish an individual lottery account that is accessible through the Internet or by other electronic means and provides the individual with the ability to monitor and make deposits into the account. Funds deposited into an individual lottery account shall not be refunded, and the only withdrawals allowed shall be a debiting of the account for the on-line purchase of lottery tickets or shares. Deposits to the individual lottery accounts may be made by any means allowed by Code Section 50-27-10 for the purchase of lottery tickets or shares. Any such individual account showing no activity for a period of one year shall be deemed abandoned, and the funds therein shall become the funds of the corporation and treated in the same manner as unclaimed prizes. (b) In order to establish an individual lottery account, a person shall apply at any authorized participating Georgia lottery retailer within the State of Georgia. The person must present to the retailer a valid drivers license with current address and a social security card. The retailer shall verify that the person is 18 years of age or older and upon payment of an application processing fee of $3.00, that shall be retained by the lottery retailer, such person will be issued an application form, to be furnished by the board, containing a unique individual lottery account number; the applicants name, address, age, drivers license number, or the number of an identification card issued pursuant to Article 5 of Chapter 5 of Title 40; and the applicants social security number. The individual lottery account will not be activated until the person goes on line and follows the activation and funding procedure to be established by the board. As part of the activation process, the person will be required to designate a personal identification number which will prevent others from accessing his or her individual lottery account. (c) The board is authorized and directed to devise a method pursuant to which a person who has activated and funded an individual lottery account is allowed to purchase lottery tickets or shares by using public or private computer terminals or other electronic devices or means. The board is authorized to determine which games may be played on line and may, in its discretion, limit the persons authorized to purchase tickets or shares on line to Georgia residents. (d) The board is authorized to contract with one or more private entities to accomplish any of the directives of this Code section under such terms as the board deems advantageous. Any private entity shall be entitled to be compensated under the same terms and conditions as an existing authorized participating Georgia lottery retailer. In

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addition, any such private entity shall compensate authorized participating Georgia lottery retailers in an amount of not less than 1 percent of the total amount spent on line by an individual who initially registered and received an individual lottery account number from that retailers place of business."

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 Abdul-Salaam N Amerson
Anderson N Ashe Y Barnard E Barnes Y Bearden N Beasley-Teague N Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges N Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G N Burkhalter N Burmeister Y Burns
Butler Byrd Y Carter N Casas Y Chambers Y Channell N Cheokas N Coan Y Cole Y Coleman, B Coleman, T Cooper N Cox

Y Crawford N Cummings Y Davis N Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes
Ehrhart N England Y Epps Y Fleming N Floyd, H Y Floyd, J Y Fludd N Forster Y Franklin
Freeman Gardner N Geisinger Y Golick Y Graves, D N Graves, T Y Greene N Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall N Hembree N Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson N Hugley
Jackson N Jacobs Y James Y Jamieson N Jenkins Y Jennings N Johnson
Jones, J N Jones, S Y Jordan
Keen N Keown Y Kidd Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas
Lunsford E Maddox N Mangham
Manning Y Marin Y Martin

Maxwell N May
McCall N McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell
Morgan Y Morris N Mosby Y Mosley N Mumford Y Murphy, J
Murphy, Q N Neal Y Oliver Y O'Neal
Orrock Y Parham Y Parrish
Parsons N Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice N Roberts Y Rogers Y Royal
Rynders

Y Sailor Scheid
Y Scott, A Y Scott, M N Setzler Y Shaw
Sheldon Y Sims, C N Sims, F N Sinkfield N Smith, B Y Smith, L N Smith, P Y Smith, R
Smith, T Y Smith, V N Smyre
Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet Y Thomas, A.M
Thomas, B Y Tumlin N Walker N Warren Y Watson Y Wilkinson Y Willard Y Williams, A N Williams, E
Williams, R Y Wix Y Yates
Richardson, Speaker

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On the passage of the Bill, by substitute, the ayes were 98, nays 48.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representatives Maxwell of the 17th and Rynders of the 152nd 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 Byrd of the 20th 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.
Representative Mills of the 25th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
HB 81. By Representatives Day of the 163rd, Stephens of the 164th, Bryant of the 160th, Jackson of the 161st and Scott of the 2nd:
A BILL to be entitled an Act to amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem tax exemptions, so as to provide that, with respect to all homestead exemptions, the unremarried surviving spouse of a deceased spouse who has been granted a homestead exemption shall continue to receive that exemption so long as that unremarried surviving spouse continues to occupy the home as a residence and homestead; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 48-5-54 of the Official Code of Georgia Annotated, relating to applications for and granting homestead exemptions in certain cases of property transfer from an administrator or executor, so as to provide for applicability of such provisions with respect to certain base year assessed value homestead exemptions; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-5-54 of the Official Code of Georgia Annotated, relating to applications

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for and granting homestead exemptions in certain cases of property transfer from an administrator or executor, is amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows:
"(b) The failure to file properly the application and schedule shall not be cause for waiver of the exemption where such waiver arises because of an administrators or executors deed transferring the property to a surviving spouse. In such instances, the board of tax assessors shall give notice of its intent to deny the exemption as required by Code Section 48-5-49, and the surviving spouse may make application for the amount of homestead exemption to which such applicant is entitled within 30 days from the date of the notice by the board of tax assessors. In the case of a base year assessed value homestead exemption, as long as the unremarried surviving spouse otherwise meets the requirements specified for such exemption and makes proper application under this subsection, upon approval of such application the exemption shall be continued with the same base year assessed value as had been established for the deceased spouse of such surviving spouse, unless otherwise provided by local law."
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a special election as provided in this section for the purpose of submitting this Act to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that special election on the date of the November, 2006, state-wide general election. The Secretary of State shall issue the call and conduct that special election as provided by general law. The Secretary of State shall cause the date and purpose of the special election to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written or printed thereon the following:
"( ) YES Shall the Act be approved which provides that, with respect to base year ( ) NO assessed value homestead exemptions, the unremarried surviving spouse
of a deceased spouse who has been granted such a homestead exemption shall receive that exemption at the same base year valuation that applied to the deceased spouse so long as that unremarried surviving spouse continues to occupy the home as a residence and homestead?"
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, then Section 1 of this Act shall become effective on January 1, 2007, and shall apply to all taxable years beginning on or after that date. If Section 1 of this 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.
SECTION 3.

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Except as otherwise provided in Section 2 of this Act, 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:

Abdul-Salaam Y Amerson
Anderson Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Butler Byrd Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Coleman, B Y Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes
Ehrhart Y England Y Epps
Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin
Freeman Gardner Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson
Jones, J Y Jones, S Y Jordan
Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas
Lunsford E Maddox Y Mangham Y Manning Y Marin Y Martin

Maxwell Y May
McCall Y McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J
Murphy, Q Y Neal Y Oliver
O'Neal Orrock E Parham Y Parrish Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sailor Scheid
Y Scott, A Y Scott, M Y Setzler Y Shaw
Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M
Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard
Williams, A Y Williams, E
Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 142, nays 0.

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The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Carter of the 159th and Maxwell of the 17th 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 149. By Representatives Franklin of the 43rd, Scott of the 2nd, Jacobs of the 80th, Benfield of the 85th, Willard of the 49th and others:

A BILL to be entitled an Act to amend Code Section 18-4-22 of the Official Code of Georgia Annotated, relating to the exemption of certain pension or retirement funds or benefits from garnishment until certain payment or transfer thereof, so as to provide for such an exemption with respect to additional individual retirement account funds or benefits; 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:

Abdul-Salaam Y Amerson
Anderson Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton N Black N Bordeaux Y Borders Y Bridges Y Brooks Y Brown N Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Byrd Y Carter Y Casas

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps
Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman
Gardner Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson
Hugley N Jackson Y Jacobs Y James Y Jamieson
Jenkins Y Jennings Y Johnson
Jones, J Y Jones, S N Jordan
Keen Y Keown Y Kidd E Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey

Maxwell Y May
McCall N McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell
Morgan Y Morris
Mosby Y Mosley Y Mumford Y Murphy, J
Murphy, Q Y Neal N Oliver Y O'Neal N Orrock E Parham Y Parrish
Parsons Y Porter Y Powell Y Ralston Y Randall

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw
Sheldon Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Stephens N Stephenson Y Talton Y Teilhet N Thomas, A.M
Thomas, B Y Tumlin Y Walker Y Warren

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Y Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman, B Y Coleman, T Y Cooper Y Cox

Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson
Hill, C Y Hill, C.A

Y Lord Y Loudermilk E Lucas E Lunsford E Maddox Y Mangham Y Manning Y Marin Y Martin

N Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal
Rynders

Watson Y Wilkinson Y Willard
Williams, A N Williams, E
Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 129, nays 14.

The Bill, having received the requisite constitutional majority, was passed.

Representatives Jenkins of the 8th, Maxwell of the 17th, and Rynders of the 152nd 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 312. By Representatives Freeman of the 140th, May of the 111th, Roberts of the 154th, Golick of the 34th, Smith of the 129th and others:

A BILL to be entitled an Act to amend Title 50 of the O.C.G.A., relating to state government, and Title 45 of the O.C.G.A., relating to public officers and employees, so as to provide for the substantial revision and transfer of certain powers, duties, and authority of the Department of Administrative Services, the Georgia Technology Authority, the Office of Planning and Budget, the Board of Regents of the University System of Georgia, the Department of Agriculture, the Department of Veterans Service, and the state accounting officer; to change certain provisions regarding the establishment, powers, purchasing authority, procedures, and limitations and vendor qualification of the Georgia Technology Authority; to change certain provisions regarding powers, purchasing personnel, competitive bidding, emergency purchasing, and prohibited practices with respect to the Department of Administrative Services; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, and Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide for the substantial revision and transfer of certain powers, duties, and authority of the Department of Administrative Services, the

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Georgia Technology Authority, the Office of Planning and Budget, the Board of Regents of the University System of Georgia, the Department of Agriculture, the Department of Veterans Service, and the state accounting officer; to change certain provisions regarding the establishment, powers, purchasing authority, procedures, and limitations and vendor qualification of the Georgia Technology Authority; to change certain provisions regarding powers, purchasing personnel, competitive bidding, emergency purchasing, and prohibited practices with respect to the Department of Administrative Services; to provide for additional powers of the Office of Planning and Budget regarding motor vehicles; to change certain provisions regarding the Department of Administrative Services with respect to state vehicles; to change certain provisions regarding automobile purchases by the Department of Agriculture; to change certain provisions regarding automobile purchases by the Department of Veterans Service; to change certain provisions regarding state purchasing of motor vehicles; to change certain provisions regarding certain transporting of campaign literature; to change certain provisions regarding criminal penalties for violations relating to purchase or use of automobiles; to change certain provisions regarding unserviceable property; to change ceratin provisions regarding surplus equipment and property; to change certain provisions regarding property inventory records; to provide for additional authority of the Department of Administrative Services and the state accounting officer regarding inventory audits; to amend Code Section 32-2-61 of the Official Code of Georgia Annotated, relating to limitations on the power of the Department of Transportation regarding contracts, so as to provide for additional 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 50 of the Official Code of Georgia Annotated, relating to state government, is amended in Code Section 50-25-1, relating to the establishment of the Georgia Technology Authority, by striking the introductory language of subsection (c) preceding paragraph (1) thereof and inserting in its place the following:
"(c) The purpose of the authority shall be to provide for procurement of technology resources, technology enterprise management, and technology portfolio management as defined in this chapter, as well as the centralized marketing, provision, sale, and leasing, or execution of license agreements for access on line or in volume, of certain public information maintained in electronic format to the public, on such terms and conditions as may be determined to be in the best interest of the state in light of the following factors:"
SECTION 2. Said title is further amended by striking Code Section 50-25-4, relating to powers of the Georgia Technology Authority, and inserting in its place a new Code Section 50-25-4 to read as follows:

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"50-25-4. (a) The authority shall have the following powers:
(1) To have a seal and alter the same at its pleasure; (2) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created; (3) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the public purpose of the authority; (4) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof; (5) To contract with state agencies or any local government for the use by the authority of any property, facilities, or services of the state or any such state agency or local government or for the use by any state agency or local government of any facilities or services of the authority; and such state agencies and local governments are authorized to enter into such contracts; (6) To fix and collect fees and charges for data, media, and incidental services; (7) To deposit or invest funds held by it in any state depository or in any investment which is authorized for the investment of proceeds of state general obligation bonds; and to use for its corporate purposes or redeposit or reinvest interest earned on such funds; (8) To establish standards for agencies to submit information technology plans to the authority. Standards shall include without limitation content, format, and frequency of submission; (9) To provide and approve a technology plan to include strategic planning and direction for technology acquisition, deployment development, and obsolescence management as well as a communications plan to manage costs for voice, video, data, and messaging services for all agencies. The state technology plan shall incorporate plans from agencies and other sources; (10) To set technology policy for all agencies except those under the authority, direction, or control of the General Assembly or state-wide elected officials other than the Governor; (11) To prescribe procedures for the procurement of technology resources for agencies To establish and maintain official employee purchase programs for technology resources facilitated by and through the authority for state employees and public school employees of county or independent boards of education; (12) To provide oversight and program management for all technology resources for projects exceeding a cumulative investment of $1 million to accomplish goals of technology portfolio management;

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(13) To require agencies to submit periodic reports at such frequency and with such content as the board shall define; (14) To prepare fiscal impact statements relating to necessary modifications and development of technology to support policies required by proposed legislation; (15) To establish architecture for state technology infrastructure to promote efficient use of resources and to promote economic development; (16) To provide processes and systems for timely and fiscally prudent management of the states financial resources to include, without limitation, cash management; (17) To establish advisory committees from time to time, including, without limitation, a standing advisory committee composed of representatives from agencies which shall make recommendations to the authority concerning such matters as policies, standards, and architecture; (18) To coordinate with agencies, the legislative and judicial branches of government, and the Board of Regents of the University System of Georgia, regarding technology policy; (19) To coordinate with local and federal governments to achieve the goals of the authority; (20) To identify and pursue alternative funding approaches; (21) To establish technology security standards and services to be used by all agencies; (22) To conduct technology audits of all agencies; (23) To facilitate and encourage the conduct of business on the Internet; (24) To expand and establish policies necessary to ensure the legal authority and integrity of electronic documents; (25) To provide and approve as part of the state technology plan an implementation plan and subsequent policies and goals designed to increase the use of telecommuting among state employees; (26) To create a center for innovation to create applications of technology that will yield positive, measurable benefits to the state; (27) To establish benchmarks for contracts requiring approval by the board; (28)(27) To canvass sources of supply and to contract through the Department of Administrative Services for the lease, rental, purchase, or other acquisition of all technology resource related supplies, materials, services, and equipment required by the state government or any of its agencies and designate such contracts as mandatory sources of supply for agency purchases under competitive bidding or to authorize any agency to purchase or contract for technology; (29)(28) To establish and enforce standard specifications which shall apply to all technology and technology resource related supplies, materials, and equipment purchased or to be purchased for the use of the state government or any of its agencies, which specifications shall be based on and consistent with industry accepted open network architecture standards; (30)(29) To establish processes, specifications, and standards for technology resources procurement, which shall apply to all technology to be purchased, licensed,

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or leased by any agency; (31)(30) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority; and (32)(31) To do all things necessary or convenient to carry out the powers conferred by this chapter. (b) The authority shall transfer to the general fund of the state treasury any funds of the authority determined by the authority to be in excess of those needed for the corporate purposes of the authority."
SECTION 3. Said title is further amended by striking Code Section 50-25-7.2, relating to contracts for technology resource purchases, and inserting in its place a new Code Section 50-25-7.2 to read as follows:
"50-25-7.2. (a) All agencies shall contract through the authority for any technology resource purchase of such agency exceeding $100,000.00; provided, however, that the provisions of this Code section shall not have application to full-time state personnel tasked with the planning, implementation, and support of technology. The authority shall be authorized to act as the agent of any agency for such purposes. No agency shall divide purchases so as to avoid the thresholds provided for in this Code section and Code Section 50-25-7.3. (b) Any agency whose direct or indirect appropriation for technology resources is less than $50,000.00 shall not be required to contract through the authority for the purchase of such technology resources. (c) Nothing in this Code section exempting any purchase from the competitive bidding laws set forth in Part 1 of Article 3 of Chapter 5 of this title shall exempt any technology resource purchase from the technical standards and specifications established by the authority unless specifically provided by action of the authority; provided, however, that technical standards established by the authority shall not conflict with mandated federal technical standards or requirements associated with the state administration of federally funded programs. The Department of Administrative Services shall not knowingly issue a procurement pursuant to the provisions of Part 1 of Article 3 of Chapter 5 of this title that does not adhere to the technical standards and specifications established by the authority unless specifically authorized to do so by the authority."
SECTION 4. Said title is further amended by striking Code Section 50-25-7.3, relating to the procedures to be used by the Georgia Technology Authority for competitive sealed bids and proposals, and inserting in its place a new Code Section 50-25-7.3 to read as follows:
"50-25-7.3. (a) Except as otherwise provided in this chapter, authority contracts shall be awarded by soliciting competitive sealed proposals or competitive sealed bids, as follows:

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(1) Proposals or bids shall be solicited through a request for proposals or bids; (2) Adequate public notice of the request for proposals or bids shall be given; (3) A register of proposals and bids identifying submitting vendors shall be prepared and made available for public inspection; (4) The request for proposals or bids shall describe the evaluation factors to be considered in the award of the contract; (5) The terms of the request for proposals or bids may allow for discussions or revisions but shall provide for fair and equal treatment of all vendors. In conducting discussions there shall be no disclosure of any information derived from proposals or bids submitted by competing vendors; and (6) The award shall be made to the responsible vendor or vendors complying with the technology and architecture standards and policies of the authority whose proposal or bid was timely and is determined in writing to be the most advantageous to the state, taking into consideration the evaluation factors set forth in the request for proposals or bids. No other factors or criteria shall be used in the evaluation. (b) When proposals or bids received pursuant to this Code section are unreasonable or unacceptable, are noncompetitive, or exceed available funds and it is determined in writing by the authority that time or other circumstances will not permit the delay required to resolicit competitive proposals or bids, a contract may be negotiated pursuant to this Code section, provided that each qualified vendor who submitted such a proposal or bid under the original solicitation is notified of the determination and is given a reasonable opportunity to negotiate. (c) Every proposal or bid solicited pursuant to this Code section, together with the name of the vendor, shall be recorded, and all such records shall, after award or letting of the contract, be subject to public inspection upon request. Sealed proposals or bids shall be opened in public by the authority, which shall canvass the proposals or bids and award the contract according to the terms of this chapter. (d) On all sealed proposals or bids received or solicited by the authority the following certificate of independent price determination shall be used: 'I certify that this proposal (or bid) is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal (or bid) for the same materials, supplies, or equipment and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this proposal (or bid) and certify that I am authorized to sign this proposal (or bid) for the vendor.' (e) The authority is authorized to promulgate rules and regulations to implement the procedures of this Code section or by rule and regulation to implement alternative purchasing procedures advantageous to the state. All rules and regulations relating to implementation of purchasing procedures shall be adopted through public publication, notice, and comment pursuant to and subject to Code Sections 50-13-4, 50-13-6, 50-137, and 50-13-8, and the authority shall be considered an agency for purposes of such Code sections. Reserved."

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SECTION 5. Said title is further amended by striking Code Section 50-25-7.4, relating to prequalification of vendors by the Georgia Technology Authority, and inserting in its place a new Code Section 50-25-7.4 to read as follows:
"50-25-7.4. Prospective suppliers may be prequalified for particular types of supplies, services, goods, materials, and equipment at the discretion of the authority. Solicitation mailing lists of potential contractors shall include, but shall not be limited to, such prequalified suppliers. The award of contracts, however, may be conditioned upon prequalification. Reserved."
SECTION 6. Said title is further amended by striking Code Section 50-25-7.5, relating to small value noncompetitive purchases for technology resources, and inserting in its place a new Code Section 50-25-7.5 to read as follows:
"50-25-7.5. (a) If the needed supplies, materials, or equipment can reasonably be expected to be acquired for less than $2,500.00 and are not available on state contracts or through statutorily required sources, the purchase may be effectuated without competitive bidding. (b) Nothing in this Code section shall apply to or affect the laws, rules, and regulations governing emergency purchases. Reserved."
SECTION 7. Said title is further amended by striking Code Section 50-25-7.6, relating to emergency purchases of technology resources, and inserting in its place a new Code Section 50-257.6 to read as follows:
"50-25-7.6. In case of any emergency arising from any unforeseen causes, including delay by contractors, delay in transportation, breakdown in machinery, unanticipated volume of work, or upon the declaration of a state of emergency by the Governor, the authority shall have power to purchase in the open market any necessary supplies, materials, or equipment for immediate delivery to any agency. A report on the circumstances of the emergency and the transactions thereunder shall be duly recorded in a book or file to be kept by the authority. Reserved."
SECTION 8. Said title is further amended by striking Code Section 50-25-7.8, relating to contracts not authorized by the Georgia Technology Authority, and inserting in its place a new Code Section 50-25-7.8 to read as follows:
"50-25-7.8. Whenever any agency required by this chapter and the rules and regulations adopted pursuant to this chapter applying to the purchase of supplies, materials, or equipment

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through the authority shall contract for the purchase of such supplies, materials, or equipment contrary to this chapter or the rules and regulations made pursuant to this chapter, such contract shall be void and of no effect. If any official of such agency willfully purchases or causes to be purchased any supplies, materials, or equipment contrary to this chapter or the rules and regulations made pursuant to this chapter, such official shall be personally liable for the cost thereof; and, if such supplies, materials, or equipment are so unlawfully purchased and paid for out of the state funds, the amount thereof may be recovered in the name of the state in an appropriate action instituted therefor. Reserved."
SECTION 9. Said title is further amended by striking Code Section 50-25-7.9, relating to purchasing articles through the Georgia Technology Authority for personal ownership, and inserting in its place a new Code Section 50-25-7.9 to read as follows:
"50-25-7.9. (a) As used in this Code section, the term 'person' includes natural persons, firms, partnerships, corporations, or associations. (b) It shall be unlawful for any employee or official of the state or any other person to purchase, directly or indirectly, through the authority any article, material, merchandise, ware, commodity, or other thing of value for the personal or individual ownership of himself or herself or other person or persons. All articles, materials, merchandise, wares, commodities, or other things of value purchased, directly or indirectly, by or through the authority shall be and remain the property of the state until sold or disposed of by the state in accordance with the laws governing the disposition or sale of other state property. (c) It shall be unlawful for any person knowingly to sell or deliver any article, material, merchandise, ware, commodity, or other thing of value to any person, directly or indirectly, by or through the authority for the individual and personal ownership of such person or other person or persons except that property of the state may be sold or otherwise disposed of in accordance with the laws governing the sale or other disposition of state property. (d) Any person who violates any provision of this Code section shall be guilty of a misdemeanor. (e) This Code section shall not apply to any official employee purchase program for personal computing and computer related equipment facilitated by and through the authority for state employees and public school employees of county or independent boards of education. Reserved."
SECTION 10. Said title is further amended by striking Code Section 50-5-51, relating to the powers and authority of the Department of Administrative Services, and inserting in its place a new Code Section 50-5-51 to read as follows:
"50-5-51.

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The Department of Administrative Services shall have the power and authority and it shall be the departments duty, subject to this part:
(1) To canvass all sources of supply and to contract for the lease, rental, purchase, or other acquisition of all supplies, materials, services other than professional and personal employment services, and equipment, and services other than professional and personal employment services required by the state government or any of its departments, institutions, or agencies offices, agencies, departments, boards, bureaus, commissions, institutions, or other entities of this state under competitive bidding in the manner and subject to the conditions provided for in this article; (2) To establish and enforce standard specifications which shall apply to all supplies, materials, and equipment, and services other than professional and personal employment services purchased or to be purchased for the use of the state government for any of its departments, institutions, or agencies offices, agencies, departments, boards, bureaus, commissions, institutions, or other entities of the state; (3) To contract for all telephones, telegraph, electric light power, postal, and any and all other contractual purchases and needs of the state government or any of its departments, institutions, or agencies; offices, agencies departments, boards, bureaus, commissions, institutions, or other entities of the state or in lieu of such contract to authorize any department, institution, or agency offices, agencies departments, boards, bureaus, commissions, institutions, or other entities of the state to purchase or contract for any or all such services; (4) To have general supervision of all storerooms and stores operated by the state government or any of its departments, institutions, or agencies offices, agencies departments, boards, bureaus, commissions, institutions, or other entities of the state; to provide for transfer or exchange to or between all state departments, institutions, and agencies offices, agencies departments, boards, bureaus, commissions, institutions, or other entities of the state or to sell all supplies, materials, and equipment which are surplus, obsolete, or unused; and to maintain inventories of all fixed property and of all movable equipment, supplies, and materials belonging to the state government or any of its departments, institutions, or agencies offices, agencies, departments, boards, bureaus, commissions, institutions, or other entities of the state; (5) To make provision for and to contract for all state printing, including all printing, binding, paper stock, and supplies or materials in connection with the same, except as provided in this part. For the purpose of obtaining bids on printing, it shall have the power to divide the printing into various classes and to provide stipulations and specifications therefor and advertise, receive bids, and contract separately for the various classes; (6) To procure all fidelity bonds covering state officials and employees required by law or administrative directive to give such bonds; and, in order to provide the bonds at a minimum expense to the state, the bonds may be procured under a master policy or policies providing insurance agreements on a group or blanket coverage basis with or without deductibles or excess coverage over the states retention as determined by the commissioner. Fidelity bonds covering state officials and employees which are

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procured pursuant to this paragraph shall expressly provide that all state officials and employees who are required by law to be bonded be named in the fidelity bond as insureds or beneficiaries under the terms of the fidelity bond. Inclusion of any state official, officer, or employee required by law or administrative directive to be specifically bonded in a master fidelity bond under the terms of this part shall satisfy any statutory requirement that the official, officer, or employee be bonded. Fidelity bonds procured pursuant to this paragraph shall also expressly provide for indemnification, out of the proceeds of the fidelity bonds, of all state officials and employees for any liability or expense of any nature resulting from a claim on the state officials or employees bonds which is due to or as a result of an act of a subordinate of the state official or employee. In order to finance the continuing liability established with other agencies of state government, the commissioner is authorized to retain all moneys paid to the department as premiums on policies of insurance, all moneys received as interest, and all moneys received from other sources to set up and maintain a reserve for the payment of such liability and the expenses necessary to administer properly the insurance program. The commissioner shall invest the moneys in the same manner as other such moneys in his or her possession; (7) To establish and operate the state agency for surplus property for the purpose of distributing surplus properties made available by the federal government under Pub. L. 152, 81st Congress, as amended, to institutions, organizations, agencies, and others as may be eligible to receive such surplus properties pursuant to applicable provisions of federal law. The commissioner may enter into or authorize the aforesaid state agency for surplus property to enter into cooperative agreements with the federal government for the use of surplus properties by the state agency. The commissioner is authorized to enter into contracts with other state, local, or federal agencies, or with other persons with respect to the construction, operation, maintenance, leasing, or rental of a facility for use by the state agency. Further, the commission commissioner may acquire real or personal property for such purposes. All personnel; personal property, including records, office equipment, supplies, contracts, books, papers, documents, maps, appropriations, accounts within and outside the state treasury, funds, and vehicles; and all other similar property under the control of the State Board of Education and used for the direct support and operation of the state agency for surplus property are transferred to the Department of Administrative Services. Each state officer or employee affected under this paragraph shall be entitled to all rights which he or she possessed as a state officer or employee before July 1, 1978, including all rights of rank or grade, rights to vacation, sick pay and leave, rights under any retirement or personnel plan, and any other rights under law or administrative policy. This paragraph is not intended to create any new rights for any state officer or employee but to continue only those rights in effect before July 1, 1978; (8) To delegate, in the departments discretion, to medical facilities under the jurisdiction of the Board of Regents for the University System of Georgia the ability

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to purchase medical equipment and medical supplies necessary for medical teaching purposes; and (9) To enter into or authorize agreements with private nonprofit organizations or other states and their political subdivisions to effectuate the purposes and policies of this chapter; (10) To collect, retain, and carry over from year to year in a reserve fund any moneys, rebates, or commissions payable to the state that are generated by supply contracts established pursuant to Code Section 50-5-57; and (11) To conduct the procurement of all technology resource purchases not exempted from competitive bidding requirements in accordance with the technology standards and specifications established by the Georgia Technology Authority."
SECTION 11. Said title is further amended by striking Code Section 50-5-52, relating to the auditing of purchasing records, and inserting in its place a new Code Section 50-5-52 to read as follows:
"50-5-52. The Department of Administrative Services or the state accounting officer shall have power to examine books, records, and papers of any board, department, commission, institution, or office, agency, department, board, bureau, commission, institution, or other entity of the state government relative to purchases and to require those in control thereof to furnish the department with copies of any and all records pertaining thereto; and at the direction of the Governor the department shall report in such detail as may be required any purchase or purchases made by any such branch of the state government."
SECTION 12. Said title is further amended by striking Code Section 50-5-53, relating to the employment of purchasing personnel, and inserting in its place a new Code Section 50-553 to read as follows:
"50-5-53. Subject to applicable rules of the State Merit System of Personnel Administration, the Department of Administrative Services may appoint as many assistants and employees, and fix their salaries, as are essential to the states interest in the execution of the terms and provisions of this part. Assignment of an assistant or assistants to any of the departments, institutions, or agencies of the state may be made by the Department of Administrative Services. It shall be unlawful for any other agency of the state to employ any person for the purposes set out in this part unless that person complies with the minimum requirements for purchasing personnel established by the State Merit System of Personnel Administration in conjunction with the Department of Administrative Services."
SECTION 13.

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Said title is further amended by striking Code Section 50-5-67, relating to the procedures to be used by the Department of Administrative Services for competitive sealed bids and proposals, and inserting in its place a new Code Section 50-5-67 to read as follows:
"50-5-67. (a) Except as otherwise provided in this Code section, contracts exceeding $100,000.00 shall be awarded by competitive sealed bidding. If the total requirement of any given commodity will involve an expenditure in excess of $250,000.00, sealed bids shall be solicited by advertisement in the Georgia Procurement Registry established under subsection (b) of Code Section 50-5-69 and in addition may be solicited by advertisement in a newspaper of state-wide circulation at least once and at least 15 calendar days, except for construction projects which shall have 30 calendar days allowed, prior to the date fixed for opening of the bids and awarding of the contract. Other methods of advertisement, however, may be adopted by the Department of Administrative Services when such other methods are deemed more advantageous for the particular item to be purchased. In any event, it shall be the duty of the Department of Administrative Services to solicit sealed bids from reputable owners of supplies in all cases where the total requirement will exceed $100,000.00. When it appears that the use of competitive sealed bidding is either not practicable justified or not advantageous to the state, a contract may be entered into by competitive sealed proposals, subject to the following conditions:
(1) This method of solicitation shall only be used after a written determination by the Department of Administrative Services that the use of competitive sealed bidding is not practicable justified or is not advantageous to the state; (2) Proposals shall be solicited through a request for proposals; (3) Adequate public notice of the request for proposals shall be given in the same manner as provided for competitive sealed bidding; (4) A register of proposals shall be prepared and made available for public inspection; (5) The request for proposals shall state the relative importance of price and other evaluation factors; (6) As provided in the request for proposals and under regulations to be developed by the Department of Administrative Services, discussions may be conducted with reasonable qualified offerors who submit proposals determined to be reasonably susceptible of being selected for award, for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals; and such clarification of proposals. After such clarifications, revisions may be permitted after submissions and to technical proposals and price proposals prior to award for the purpose of obtaining best and final offers. The Department of Administrative Services is authorized to solicit multiple revisions to price proposals for the purpose of obtaining the most advantageous proposal to the state. In conducting discussions or soliciting any revisions, there shall be no disclosure of any information contained in derived from proposals submitted by

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competing offerors. However, this prohibition on disclosure of information shall not prohibit the Department of Administrative Services from disclosing to competing offerors any preliminary rankings and scores of competing offerors proposals during the course of any negotiations or revisions of proposals other than with respect to the procurement of construction contracts; and (7) The award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the state, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made. (b) Except as otherwise provided for in this part, all contracts for the purchases of supplies, materials, or equipment, or services other than professional and personal employment services made under this part shall, wherever possible, be based upon competitive bids and shall be awarded to the lowest responsible bidder, taking into consideration the quality of the articles to be supplied and conformity with the standard specifications which have been established and prescribed, the purposes for which the articles are required, the discount allowed for prompt payment, the transportation charges, and the date or dates of delivery specified in the bid and any other cost affecting the total cost of ownership during the life cycle of the supplies, materials, or equipment as specified in the solicitation document. Competitive bids on such contracts shall be received in accordance with rules and regulations to be adopted by the commissioner of administrative services, which rules and regulations shall prescribe, among other things, the manner, time, and places for proper advertisement for the bids, indicating the time and place when the bids will be received; the article for which the bid shall be submitted and the standard specification prescribed for the article; the amount or number of the articles desired and for which the bids are to be made; and the amount, if any, of bonds or certified checks to accompany the bids. Any and all bids so received may be rejected.
(c)(1)(A) When bids received pursuant to this part are unreasonable or unacceptable as to terms and conditions, are noncompetitive, or the low lowest responsible bid exceeds available funds and it is determined in writing by the Department of Administrative Services that time or other circumstances will not permit or justify the delay required to resolicit competitive bids, a contract may be negotiated pursuant to this Code section, provided that each responsible bidder who submitted such a bid under the original solicitation is notified of the determination and is given a reasonable opportunity to negotiate. In cases where the bids received are noncompetitive or the low lowest responsible bid exceeds available funds, the negotiated price shall be lower than the lowest rejected bid of any responsible bidder under the original solicitation. (B) With respect to procurement for construction contracts, if the bid from the lowest responsible and responsive bidder exceeds the funds budgeted for the contract, a contract may be negotiated with such apparent low bidder to obtain a

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contract price within the budgeted amount. Such negotiations may include changes in the scope of work and other bid requirements. (2) When proposals received pursuant to this part are unreasonable or unacceptable as to terms and conditions, are noncompetitive, or the lowest responsible proposal exceeds available funds and it is determined in writing by the Department of Administrative Services that time or other circumstances will not permit or justify the delay required to resolicit competitive proposals, a contract may be negotiated pursuant to this Code section, provided that each responsible offeror who submitted such a proposal under the original solicitation is notified of the determination and is given a reasonable opportunity to negotiate. In cases where the proposals received are noncompetitive or the lowest responsible proposal exceeds available funds, any contract award made pursuant to this paragraph shall be made to the offeror whose negotiated proposal is most advantageous to the state according to the evaluation criteria in the request for proposals rather than to the offeror whose negotiated proposal offers the lowest price, provided that the negotiated price of the most advantageous proposal is lower than the price of the rejected responsible proposal with the lowest price under the original solicitation. (d) Every bid or proposal conforming to the terms of the advertisement provided for in this Code section, together with the name of the bidder, shall be recorded, and all such records with the name of the successful bidder or offeror indicated thereon shall, after award or letting of the contract, be subject to public inspection upon request. The Department of Administrative Services shall also, within five days one day after the award or letting of the contract, publish the name of the successful bidder or offeror on public display in a conspicuous place in the departments office or on the Georgia Procurement Registry so that it may be easily seen by the public. The public notice on public display shall also show the price or the amount for which the contract was let and the commodities covered by the contract. The Department of Administrative Services shall also, within five days one day after the award or letting of the contract, publish on public display the names of all persons whose bids, offers, or proposals were rejected by it, together with a statement giving the reasons for such rejection. Bids, offers, or proposals shall be opened in public by the Department of Administrative Services, which shall canvass the bids, offers, or proposals and award the contract according to the terms of this part. A proper bond for the faithful performance of any contract shall be required of the successful bidder or offeror in the discretion of the Department of Administrative Services. After the contracts have been awarded, the Department of Administrative Services shall certify to the various departments, institutions, and agencies of the state government offices, agencies, departments, boards, bureaus, commissions, institutions, or other entities of the state the sources of the supplies and the contract price of the various supplies, materials, services, and equipment so contracted for. (e) On all bids or proposals received or solicited by the Department of Administrative Services, by any department, agency, board, or bureau of the state, office, agency, department, board, bureau, commission, institution, or other entity of the state or by any

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person in behalf of any department, agency, board, or bureau of the state, office, agency, department, board, bureau, commission, institution, or other entity of the state except in cases provided for in Code Section 50-5-58, the following certificate of independent price determination shall be used:
'I certify that this bid, offer, or proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid, offer, or proposal for the same materials, supplies, services, or equipment and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this bid, offer, or proposal and certify that I am authorized to sign this bid, offer, or proposal for the bidder or offeror.' (f) Notwithstanding any other provision of this article, the commissioner of administrative services is authorized to promulgate rules and regulations to govern auctions conducted by state agencies in which vendors prices are made public during the bidding process to enable the state agency or agencies to seek a lower price. This auction bidding process will continue until the lowest price is obtained within the auctions time limit. This auction bidding process shall not be used to procure construction services or for any contract for goods or services valued at less than $100,000.00. (g) Any reference in this article to sealed bids or sealed proposals shall not preclude the Department of Administrative Services from receiving bids and proposals by way of the Internet or other electronic means or authorizing state agencies from receiving bids and proposals by way of the Internet or other electronic means; provided, however, any bids or proposals received by any state agency by way of any electronic means must comply with security standards established by the Georgia Technology Authority."
SECTION 13A. Said title is further amended by striking subsection (a) of Code Section 50-5-69, relating to purchases without competitive bidding, and inserting in its place a new subsection (a) to read as follows:
"(a) If the needed supplies, materials, or equipment, or service can reasonably be expected to be acquired for less than $5,000.00 and is not available on state contracts or through statutorily required sources, the purchase may be effectuated without competitive bidding. The commissioner of administrative services may by rule and regulation authorize the various state departments, agencies, and instrumentalities offices, agencies, departments, boards, bureaus, commissions, institutions, authorities, or other entities of the state to make purchases in their own behalf which do not exceed $100,000.00 and may provide the circumstances and conditions under which such purchases may be effected. In order to assist and advise the commissioner of administrative services in making determinations to allow offices, agencies, departments, boards, bureaus, commissions, institutions, authorities, or other entities of the state to make purchases in their own behalf, there is created a Purchasing Advisory

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Council consisting of the executive director of the Georgia Technology Authority or his or her designee; the director of the Office of Planning and Budget or his or her designee; the chancellor of the University System of Georgia or his or her designee; the commissioner of technical and adult education or his or her designee; the commissioner of transportation or his or her designee; the Secretary of State or his or her designee; the commissioner of human resources or his or her designee; the commissioner of community health or his or her designee; and one member to be appointed by the Governor. The commissioner of administrative services shall promulgate the necessary rules and regulations governing meetings of such council and the method and manner in which such council will assist and advise the commissioner of administrative services."
SECTION 14. Said title is further amended by striking Code Section 50-5-71, relating to emergency purchases, and inserting in its place a new Code Section 50-5-71 to read as follows:
"50-5-71. In case of any emergency arising from any unforeseen causes, including delay by contractors, delay in transportation, breakdown in machinery, unanticipated volume of work, or upon the declaration of a state of emergency by the Governor, the Department of Administrative Services or any other department, institution, or agency of office, agency, department, board, bureau, commission, institution, or other entity of the state government to which emergency purchasing powers have been granted by the Department of Administrative Services shall have power to purchase in the open market any necessary supplies, materials, services, or equipment for immediate delivery to any office, agency, department, board, bureau, commission, institution, or agency other entity of the state government. A report on the circumstances of the emergency and the transactions thereunder shall be duly recorded in a book or file to be kept by the Department of Administrative Services."
SECTION 15. Said title is further amended by striking Code Section 50-5-80, relating to the purchase of items through the Department of Administrative Services for personal ownership, and inserting in its place a new Code Section 50-5-80 to read as follows:
"50-5-80. (a) As used in this Code section, the term 'person' includes natural persons, firms, partnerships, corporations, or associations. (b) It shall be unlawful for any employee or official of the state or any other person to purchase, directly or indirectly, through the Department of Administrative Services, or through any agency, department, board, or bureau office, agency, department, board, bureau, commission, institution, authority, or other entity of the state, any article, material, merchandise, ware, commodity, or other thing of value for the personal or individual ownership of himself or herself or other person or persons. All articles, materials, merchandise, wares, commodities, or other things of value purchased, directly or indirectly, by or through the Department of Administrative Services or by or

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through any agency, department, board, or bureau office, agency, department, board, bureau, commission, institution, authority or other entity of the state shall be and remain the property of the state until sold or disposed of by the state in accordance with the laws governing the disposition or sale of other state property. (c) It shall be unlawful for any person knowingly to sell or deliver any article, material, merchandise, ware, commodity, or other thing of value to any person, directly or indirectly, by or through the Department of Administrative Services or by or through any department, agency, board, or bureau office, agency, department, board, bureau, commission, institution, authority, or other entity of the state for the individual and personal ownership of such person or other person or persons except that property of the state may be sold or otherwise disposed of in accordance with the laws governing the sale or other disposition of state property. (d) Any person who violates any provision of this Code section shall be guilty of a misdemeanor. (e) This Code section shall not apply to any official employee purchase program for technology resources facilitated by and through the Georgia Technology Authority for state employees and public school employees of county or independent boards of education."
SECTION 16. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended in Code Section 45-12-73, relating to the powers and duties of the Office of Planning and Budget, by striking "and" at the end of paragraph (10); by striking the period at the end of paragraph (11) and inserting in its place "; and"; and by adding a new paragraph immediately following paragraph (11), to be designated paragraph (12), to read as follows:
"(12) Promulgate rules and regulations governing: (A) The use of passenger-carrying automobiles purchased or leased by any office, agency, department, board, bureau, commission, institution, authority, or other entity of the state; (B) The rental of passenger-carrying automobiles by officials, officers, and employees of the state and for reimbursement of rental expense; (C) A system of billings for motor vehicle service including the provision of fuel, maintenance, and repair costs for vehicles which are owned or leased by any office, agency, department, board, bureau, commission, institution, authority, or other entity of the state; and (D) Acquisition, utilization, preventive maintenance, repair, and replacement of all other motor vehicles, exclusive of the off-the-road and highly specialized motor vehicle equipment as defined by the Office of Planning and Budget, owned or leased by any office, agency, department, board, bureau, commission, institution, authority, or other entity of the state."
SECTION 17.

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Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking Code Section 50-19-1, relating to the authority of the Department of Administrative Services to issue rules governing the use of state vehicles and to establish a motor pool, and inserting in its place a new Code Section 50-19-1 to read as follows:
"50-19-1. (a) The Department of Administrative Services is authorized and empowered:
(1) To establish and operate an interagency motor pool near the state capitol and to establish and operate motor pools at such other locations as may be desirable to promote efficient and economical use of passenger-carrying automobiles by officers, officials, or employees of the state and of the various departments, institutions, boards, bureaus, or agencies offices, agencies, departments, boards, bureaus, commissions, institutions, authorities, or other entities of the state. Further, the Department of Administrative Services is authorized to provide for the operation, maintenance, and repair of such passenger-carrying automobiles from funds appropriated for this purpose by law, including the establishment of maintenance and repair centers; and; (2) To purchase passenger-carrying automobiles for the use of officers, officials, or employees of the state and of the various offices, agencies, departments, institutions, boards, bureaus, commissions, institutions, authorities, or other entities or agencies of the state who are required to travel by automobile in performance of their official duties.; and (b) The commissioner of administrative services is authorized and empowered: (1) To promulgate rules and regulations governing the use of passenger-carrying automobiles purchased by any department, institution, board, bureau, or agency of the state from funds appropriated by law; (2) To promulgate rules and regulations governing the rental of passenger-carrying automobiles by officials, officers, and employees of the state and to provide for reimbursement of rental expense; (3) To provide rules and regulations, including a system of billings for motor vehicle service (including the provision of fuel), maintenance, and repair costs, governing the maintenance, repair, service, and sale of fuel for motor vehicles which are: the use of motor vehicles in any motor pool operated by the Department of Administrative Services and to collect, retain, and carry over from year to year in a reserve fund any moneys collected for the use of such motor vehicles.
(A) Owned by any department, institution, board, bureau, or agency of the state; (B) Owned by any other governmental entity; or (C) Purchased with state grant funds for use under contract to any department, institution, board, bureau, or agency of the state in order to allow said department, institution, board, bureau, or agency to carry out its duties; (4) To provide policies and regulations governing acquisition, utilization, preventive maintenance, repair, and replacement of all motor vehicles, exclusive of the off-theroad and highly specialized motor vehicle equipment, owned by any department, institution, board, bureau, or agency of the state; and

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(5) To promulgate rules and regulations authorizing and governing the rental of interagency motor pool vehicles by officials, officers, and employees of local political subdivisions of the state when, in the sole discretion of the commissioner of administrative services, it is in the best interests of the state to allow such rentals."
SECTION 18. Said title is further amended by striking Code Section 50-19-3, relating to an exception for the Department of Agriculture to purchase vehicles, and inserting in its place a new Code Section 50-19-3 to read as follows:
"50-19-3. The Department of Agriculture is authorized to purchase passenger-carrying automobiles through the Department of Administrative Services for the use of Department of Agriculture employees in the performance of their official duties; and the Department of Agriculture is expressly authorized and empowered to purchase and maintain such passenger-carrying automobiles for such purposes. The number of such automobiles and regulations governing their use, utilization, and replacement shall be determined by the Department of Agriculture, subject to any budgetary or other restrictions enacted by the General Assembly. The Department of Agriculture is authorized to contract with the Department of Administrative Services for any automobile or motor vehicle services provided for in this article. Reserved."
SECTION 19. Said title is further amended by striking Code Section 50-19-4, relating to the acceptance of vehicles by units of the university system, and inserting in its place a new Code Section 50-19-4 to read as follows:
"50-19-4. Where passenger-carrying automobiles or other motor vehicles may be donated or where the use of such motor vehicles may be donated to units of the university system for the more effective performance of their educational, research, or other duties, such unit is authorized to take title to or possession of such vehicles and to pay such costs as are reasonable and necessary for their maintenance, protection, and operation. Reserved."
SECTION 20. Said title is further amended by striking Code Section 50-19-5, relating to an exception for the Department of Veterans Service to purchase certain vehicles, and inserting in its place a new Code Section 50-19-5 to read as follows:
"50-19-5. The Department of Veterans Service is authorized and empowered to purchase, through the Department of Administrative Services as other state purchases are made, an ambulance for use in transporting Georgia veterans to and from United States Department of Veterans Affairs hospitals and other hospitals and to, from, and between facilities operated by the State Board of Veterans Service for the care and treatment of

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veterans. Such purchase shall not fall within the restrictions relating to purchase, use, and furnishing of automobiles as provided in this article. Reserved."
SECTION 21. Said title is further amended by striking Code Section 50-19-6, relating to the authority of state institutions to purchase vehicles, and inserting in its place a new Code Section 5019-6 to read as follows:
"50-19-6. The various departments, institutions, boards, bureaus, or agencies offices, agencies, departments, boards, bureaus, commissions, institutions, authorities, or other entities of the state, except for the Department of Agriculture, which is provided for in Code Section 50-19-3, are authorized, subject to the appropriation of funds for such purposes approval of the Office of Planning and Budget, to purchase, lease, or accept as donations passenger-carrying automobiles and other motor vehicles for the use of officers, officials, and employees in the performance of their official duties. The operation, use, maintenance, service, and repair of passenger-carrying automobiles shall be governed by the rules and regulations promulgated by the Department of Administrative Services pursuant to Code Section 50-19-1, except as otherwise provided by law Office of Planning and Budget pursuant to Code Section 45-12-73."
SECTION 22. Said title is further amended by striking Code Section 50-19-8, relating to the transportation of campaign literature at state expense, and inserting in its place a new Code Section 50-19-8 to read as follows:
"50-19-8. It shall be unlawful for any officer of this state or any employee of any department, bureau, agency, board, or institution office, agency, department, board, bureau, commission, institution, authority, or other entity of the state while traveling in vehicles upon which the state is paying transportation mileage to transport any political campaign literature or matter, or to engage in soliciting votes, or to transport any person or persons soliciting votes in any election or primary."
SECTION 23. Said title is further amended by striking Code Section 50-19-9, relating to penalties for violations of rules and regulations governing the purchase or use of vehicles, and inserting in its place a new Code Section 50-19-9 to read as follows:
"50-19-9. Any person violating any provision of this article or any other general law relating to purchase of automobiles with state funds and or use of automobiles by state officers or employees shall be guilty of a misdemeanor and, upon conviction thereof, also shall be removed from office."

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SECTION 24. Said title is further amended by striking Code Section 50-16-144, relating to the disposition of unserviceable property, and inserting in its place a new Code Section 5016-144 to read as follows:
"50-16-144. When any public property becomes unserviceable, it may be sold or otherwise disposed of by order of the proper authority, and an entry of the same shall be made in the inventory book; and the money received therefrom shall be paid into the treasury. Reserved."
SECTION 25. Said title is further amended by striking Code Section 50-5-17, relating to revenue from the sale of surplus state equipment, and inserting in its place a new Code Section 50-5-17 to read as follows:
"50-5-17. In order to ensure continuity of service from year to year, the The Department of Administrative Services is authorized to retain in a reserve fund moneys paid into it generated from the sale of its any surplus equipment and to apply such funds to the purchase of new equipment personal property pursuant to Article 4 of this chapter. Such funds may be used to cover any cost associated with disposing of the states surplus personal property or such funds may, subject to the approval of the Office of Planning and Budget, be used to purchase personal property for the Department of Administrative Services or for any offices, agencies, departments, boards, bureaus, commissions, institutions, authorities, or other entities of the state government."
SECTION 26. Said title is further amended by striking Code Section 50-16-160, relating to the duty of the Department of Administrative Services to maintain inventory records of personal property owned by state institutions, and inserting in its place a new Code Section 50-16160 to read as follows:
"50-16-160. (a) It shall be the duty of the Department of Administrative Services to establish and maintain an accurate central inventory of movable personal property owned by the state and any office, department, board, bureau, commission, institution, or other agency offices, agencies, departments, boards, bureaus, commissions, institutions, authorities, or other entities of the state; and it shall be the duty of each officer and employee thereof to furnish the Department of Administrative Services full information for such inventory and otherwise assist it in establishing and maintaining the inventory. (b) The inventory shall be maintained on a current basis; and state officers and employees shall furnish the Department of Administrative Services such information as may be required by it to keep the inventory current.

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(c) The inventory records shall be available for inspection at all times during normal working hours; and copies of the inventory records or any part thereof shall be provided to the Governor and the General Assembly, or committees thereof, upon request."
SECTION 27. Said title is further amended by striking Code Section 50-16-161, relating to inclusion or exclusion of personal property from inventory records, and inserting in its place a new Code Section 50-16-161 to read as follows:
"50-16-161. (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:
(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. (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. Reserved."
SECTION 28. Said title is further amended by striking Code Section 50-16-161, relating to inclusion or exclusion of personal property from inventory records, and inserting in its place a new Code Section 50-16-161 to read as follows:
"50-16-161. (a) This part shall apply to movable personal property, which shall be defined as any item which meets the following criteria:
(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. (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. Reserved."

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SECTION 29. Said title is further amended by striking Code Section 50-16-162, relating to rules and regulations governing the inventory of personal property, and inserting in its place a new Code Section 50-16-162 to read as follows:
"50-16-162. The commissioner of administrative services state accounting officer is authorized and directed to adopt and promulgate such rules and regulations establishing those items of personal property required to be kept on the inventory records of all offices, agencies, departments, boards, bureaus, commissions, institutions, authorities, or other entities of the state as may be necessary to carry out this part."
SECTION 30. Said title is further amended by adding a new Code section immediately following Code Section 50-16-162, to be designated Code Section 50-16-163, to read as follows:
"50-16-163. The Department of Administrative Services or the state accounting officer shall have the power to examine books, records, papers, or personal property of offices, agencies, departments, boards, bureaus, commissions, institutions, authorities, or other entity of the state for the purposes of ensuring compliance with this part."
SECTION 30A. Code Section 32-2-61 of the Official Code of Georgia Annotated, relating to limitations on the power of the Department of Transportation regarding contracts, is amended by striking subsection (c) and inserting in its place a new subsection (c) to read as follows:
"(c) The department is prohibited from entering into any contract for the purchase of supplies, materials, and equipment, or services, except as authorized by Article 3 of Chapter 5 of Title 50."
SECTION 31. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective on July 1, 2005. (b) Section 28 of this Act shall become effective on June 30, 2006.
SECTION 32. 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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N Abdul-Salaam Y Amerson
Anderson Ashe Y Barnard E Barnes Y Bearden N Beasley-Teague N Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges N Brooks Y Brown Y Bruce E Bryant N Buckner, D Y Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Coleman, B Y Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day N Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming N Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D
Graves, T Y Greene N Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

N Holmes Y Holt Y Horne Y Houston N Howard Y Hudson N Hugley N Jackson Y Jacobs N James Y Jamieson N Jenkins Y Jennings N Johnson Y Jones, J N Jones, S
Jordan Keen Y Keown N Kidd E Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas E Lunsford E Maddox Y Mangham Y Manning Y Marin Y Martin

Maxwell May McCall Y McClinton Y Meadows Millar Y Miller Y Mills Y Mitchell Morgan Y Morris Mosby Y Mosley Y Mumford Y Murphy, J Murphy, Q Y Neal Y Oliver Y O'Neal N Orrock E Parham Y Parrish Parsons N Porter Y Powell Y Ralston Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler N Shaw
Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V
Smyre N Stanley-Turner Y Stephens Y Stephenson Y Talton N Teilhet Y Thomas, A.M
Thomas, B Y Tumlin Y Walker N Warren
Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 120, nays 28.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Maxwell of the 17th, May of the 111th, Parsons of the 42nd and Rynders of the 152nd 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 Jenkins of the 8th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 458. By Representatives Smith of the 129th, Rogers of the 26th, Fleming of the 117th, Graves of the 12th and Loudermilk of the 14th:

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A BILL to be entitled an Act to amend Chapter 16 of Title 40 of the Official Code of Georgia Annotated, relating to administration of the Department of Motor Vehicle Safety, so as to create the Commercial Transportation Advisory Committee; to provide for purposes and membership; to provide for terms of office and voting privileges; to provide for meetings and agendas; 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 16 of Title 40 of the Official Code of Georgia Annotated, relating to administration of the Department of Motor Vehicle Safety, so as to create the Commercial Transportation Advisory Committee; to provide for purposes and membership; to provide for terms of office and voting privileges; to provide for meetings and agendas; 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 16 of Title 40 of the Official Code of Georgia Annotated, relating to administration of the Department of Motor Vehicle Safety, is amended by inserting a new Code Section 40-16-8, immediately following Code Section 40-16-7, to read as follows:
"40-16-8. (a) There shall be established, within the department, the Governors Commercial Transportation Advisory Committee. The purpose of this committee is to advise the Governor on all laws, regulations, rules, and other matters related to the operation within this state of motor carriers, including private carriers, as defined in Code Section 46-1-1. The committee shall also serve as a forum for representatives of the motor carrier industry to meet with representatives of the various state agencies responsible for the oversight, enforcement, taxation, and regulation of the commercial transportation industry. (b) The committee shall consist of the following members:
(1) The commissioner of the Department of Motor Vehicle Safety or his or her designee; (2) The commissioner of the Department of Public Safety or his or her designee; (3) The commissioner of the Department of Transportation or his or her designee; (4) The commissioner of the Department of Revenue or his or her designee; (5) The Speaker of the House or his or her designee; (6) The chairperson of the House Transportation Committee, who shall chair the committee;

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(7) The President Pro Tempore of the Senate or his or her designee; (8) The chairperson of the Senate Transportation Committee; (9) The president of the Georgia Motor Trucking Association or his or her designee; (10) Five industry representatives appointed by the Governor; and (11) The Governor or his or her designee who shall serve ex officio. (c) Each member of the committee shall serve until replaced. All members of the committee shall have equal voting privileges on all matters brought before the committee. The committee shall meet at least three times per year at a date and time set by the chairperson. The chairperson shall prepare an agenda for each meeting and shall distribute the agenda for each meeting at least 20 days prior to the date of the meeting."

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 Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders
Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D
Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd

Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar
Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D
Graves, T

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson
Jones, J Y Jones, S Y Jordan
Keen Y Keown Y Kidd E Knight Y Knox Y Lakly Y Lane, B Y Lane, R

Maxwell May McCall McClinton Y Meadows Millar Y Miller Y Mills Y Mitchell Morgan Y Morris Mosby Y Mosley Y Mumford Y Murphy, J Murphy, Q Y Neal Oliver Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw
Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Stephens
Stephenson Y Talton Y Teilhet Y Thomas, A.M
Thomas, B Y Tumlin

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Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman, B Y Coleman, T Y Cooper Y Cox

Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas E Lunsford E Maddox Y Mangham Y Manning
Marin Y Martin

Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Walker Y Warren Y Watson Y Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, R
Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 147, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Graves of the 12th and Maxwell of the 17th 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 364. By Representatives Williams of the 4th, Royal of the 171st, Scott of the 2nd, Forster of the 3rd, Loudermilk of the 14th and others:

A BILL to be entitled an Act to amend Code Section 40-3-20 of the Official Code of Georgia Annotated, relating to applications for certificates of title for motor vehicles, so as to require proof of the payment of the sales and use tax as a precondition to titling certain motor vehicles; to provide for the collection of the tax; to provide for compensation for tag agents; 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 40-3-20 of the Official Code of Georgia Annotated, relating to applications for certificates of title for motor vehicles, so as to require proof of the payment of the sales and use tax as a precondition to titling certain motor vehicles; to provide for the collection of the tax; to provide for offset of administrative costs; 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.

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Code Section 40-3-20 of the Official Code of Georgia Annotated, relating to applications for certificates of title for motor vehicles, is amended by adding at the end thereof a new subsection (d) to read as follows: "(d) No application for a certificate of title for a vehicle purchased outside the State of Georgia shall be accepted or processed unless the applicant shows, by a valid bill of sale or contract of purchase or by such other documentation satisfactory to the commissioner, that the Georgia sales and use tax has been paid or is not due. If Georgia sales and use tax is owed on such vehicle but has not been paid, the local tag agent shall collect the tax. The state revenue commissioner is authorized to designate each local tag agent as a sales tax agent for the purpose of collecting sales and use tax as required by this Code section. Each designated sales tax agent shall remit the states portion of any sales and use tax collected to the Department of Revenue and the local governments portion of any sales and use tax collected to the appropriate local governing authority; provided, however, that for services rendered with respect to the collection of such sales and use tax, the tax commissioners office shall retain 3 percent of the total state and local sales and use tax collected in accordance with this subsection, which shall be used to offset the offices administrative costs incurred under this subsection. The tax commissioners office shall submit on an annual basis to the county, an itemized report which shows the amount of fees collected and the expenditures of such fees. Such report shall be included in the county audit."
SECTION 2. This Act shall become effective on January 1, 2006.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by the Committee on Rules, was read and adopted:
A BILL
To amend Code Section 40-3-20 of the Official Code of Georgia Annotated, relating to applications for certificates of title for motor vehicles, so as to require proof of the payment of sales and use tax as a precondition to titling certain motor vehicles; to provide for the collection of the tax; to provide for offset of administrative costs; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 40-3-20 of the Official Code of Georgia Annotated, relating to applications for certificates of title for motor vehicles, is amended by adding at the end thereof a new

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subsection (d) to read as follows: "(d) No application for a certificate of title for a vehicle purchased outside the State of Georgia shall be accepted or processed unless the applicant shows, by a valid bill of sale or contract of purchase or by such other documentation satisfactory to the commissioner, that state and local sales and use tax has been paid or is not due. If state and local sales and use tax is owed on such vehicle but has not been paid, the local tag agent shall collect the tax. The state revenue commissioner is authorized to designate each local tag agent as a sales tax agent for the purpose of collecting sales and use tax as required by this Code section. Each designated sales tax agent shall be deemed a dealer within the meaning of Code Section 48-8-2 and shall remit any state and local sales and use tax collected to the Department of Revenue; provided, however, that for services rendered with respect to the collection of such sales and use tax, the tax commissioners office shall retain 3 percent of the total state and local sales and use tax collected in accordance with this subsection, which shall be used to offset the offices administrative costs incurred under this subsection. The tax commissioners office shall submit on an annual basis to the county, an itemized report which shows the amount of fees collected and the expenditures of such fees. Such report shall be included in the county audit."

SECTION 2. This Act shall become effective on January 1, 2006.

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 Abdul-Salaam Y Amerson Y Anderson Y Ashe
Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown

Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J

Y Holmes Y Holt Y Horne
Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S

Maxwell May McCall McClinton Meadows Y Millar Y Miller Y Mills Y Mitchell Morgan Y Morris Mosby Y Mosley Y Mumford Y Murphy, J Murphy, Q

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw
Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V

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Y Bruce E Bryant Y Buckner, D
Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D
Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A

Y Jordan Keen
Y Keown Y Kidd E Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas E Lunsford E Maddox Y Mangham Y Manning Y Marin Y Martin

Y Neal Oliver
Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Smyre Y Stanley-Turner Y Stephens
Stephenson Y Talton Y Teilhet
Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 150, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Graves of the 12th, Maxwell of the 17th, and May of the 111th 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 389. By Representatives Roberts of the 154th, Smith of the 129th, Golick of the 34th, Smith of the 131st, Burns of the 157th and others:

A BILL to be entitled an Act to amend Code Section 48-7-40 of the Official Code of Georgia Annotated, relating to designation of counties as less developed areas for the purpose of tax credits with respect to certain business enterprises, so as to provide a definition; to provide for an additional tax credit for certain existing business enterprises; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

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

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

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Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague N Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges N Brooks Y Brown Y Bruce E Bryant Y Buckner, D
Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson
Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne
Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan
Keen Y Keown Y Kidd E Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas E Lunsford E Maddox
Mangham Y Manning Y Marin Y Martin

Maxwell May McCall McClinton Meadows Y Millar Y Miller Y Mills Mitchell Y Morgan Y Morris Mosby Y Mosley Y Mumford Y Murphy, J Murphy, Q Y Neal Oliver Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Rogers Y Royal Y Rynders

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw
Sheldon Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens
Stephenson Y Talton Y Teilhet Y Thomas, A.M N Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson E Willard Y Williams, A N Williams, E Y Williams, R
Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 142, nays 5.

The Bill, having received the requisite constitutional majority, was passed.

Representatives Graves of the 12th, Maxwell of the 17th, and May of the 111th 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.

HB 347. By Representatives Ralston of the 7th and Bearden of the 68th:

A BILL to be entitled an Act to amend Code Section 35-3-154.1 of the

THURSDAY, MARCH 10, 2005

1631

Official Code of Georgia Annotated, relating to admission of reports from state crime laboratory, so as to make such Code section applicable to certain private laboratories under contract to the state crime laboratory; 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 roll call was ordered and the vote was as follows:

Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks
Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson
Dollar Drenner Y Dukes Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Graves, T Y Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne
Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd E Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas E Lunsford E Maddox
Mangham Y Manning Y Marin Y Martin

Maxwell May McCall McClinton Meadows Y Millar Y Miller Y Mills Mitchell Y Morgan Y Morris Mosby Y Mosley Y Mumford Y Murphy, J Murphy, Q Y Neal Y Oliver O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens
Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, R
Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 146, nays 0.

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The Bill, having received the requisite constitutional majority, was passed.
Representatives Graves of the 12th, Maxwell of the 17th, and May of the 111th 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 320. By Representatives Forster of the 3rd, Knox of the 24th, Meadows of the 5th, Dodson of the 75th, Watson of the 91st and others:
A BILL to be entitled an Act to amend Title 33 of the O.C.G.A., relating to insurance, so as to create the Georgia Health Insurance Risk Pool; to provide alternative mechanism coverage for the availability of individual health insurance; to provide definitions; to provide for a risk pool board; to provide for powers, duties, and authority of the board; to provide for the selection of an administrator; to provide for the duties of the Commissioner of Insurance with respect to the board and pool; to provide for the establishment of rates; to provide for eligibility for and termination of coverage; to provide for minimum pool benefits; to provide for funding and assessments; to provide for complaint procedures; to provide for audits; to provide for applicability; to provide for related matters; to repeal the Georgia High Risk Health Insurance Plan; to provide effective dates; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to create the Georgia Health Insurance Risk Pool; to provide alternative mechanism coverage for the availability of individual health insurance; to change the rate of the insurance premium tax; to provide for the use of such tax; to provide definitions; to provide for a risk pool board; to provide for powers, duties, and authority of the board; to provide for the selection of an administrator; to provide for the duties of the Commissioner of Insurance with respect to the board and pool; to provide for the establishment of rates; to provide for eligibility for and termination of coverage; to provide for minimum pool benefits; to provide for certain exclusions for preexisting conditions; to provide for funding; to provide for complaint procedures; to provide for audits; to provide for certain reports; to provide for applicability; to provide for related matters; to repeal the Georgia High Risk Health Insurance Plan; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

THURSDAY, MARCH 10, 2005

1633

SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking subparagraph (b)(15)(D) of Code Section 33-6-4, relating to the enumeration of unfair methods of competition and unfair or deceptive acts or practices, and inserting in lieu thereof a new subparagraph (b)(15)(D) to read as follows:
"(D) It is unfairly discriminatory to terminate group coverage for a subject of family violence because coverage was originally issued in the name of the perpetrator of the family violence and the perpetrator has divorced, separated from, or lost custody of the subject of family violence, or the perpetrators coverage has terminated voluntarily or involuntarily. If termination results from an act or omission of the perpetrator, the subject of family violence shall be deemed a qualifying an eligible individual under Code Section 33-24-21.1 or 33-29A-2 and may obtain continuation and conversion of such coverages alternative mechanism coverage for the availability of individual health insurance coverage, as contemplated by Section 2741 of the federal Public Health Service Act, 42 U.S.C. Section 300gg-41, notwithstanding the act or omission of the perpetrator. A person may request and receive family violence information to implement the continuation and conversion of coverages under this subparagraph."
SECTION 2. Said title is further amended by striking Code Section 33-8-4, relating to amount and method of computing tax on insurance premiums generally, and inserting in lieu thereof a new Code Section 33-8-4 to read as follows:
"33-8-4. (a) All foreign, alien, and domestic insurance companies doing business in this state shall pay a tax of 2 1/4 1 1/2 percent upon the gross direct premiums received by them on and after July 1, 1955. The tax shall be levied upon persons, property, or risks in Georgia, from January 1 to December 31, both inclusive, of each year without regard to business ceded to or assumed from other companies. The tax shall be imposed upon gross premiums received from direct writings without any deductions allowed for premium abatements of any kind or character or for reinsurance or for cash surrender values paid, or for losses or expenses of any kind; provided, however, deductions shall be allowed for premiums returned on change of rate or canceled policies; provided, further, that deductions may be permitted for return premiums or assessments, including all policy dividends, refunds, or other similar returns paid or credited to policyholders and not reapplied as premium for additional or extended life insurance. The term 'gross direct premiums' shall not include annuity considerations. (b) For purposes of this chapter, annuity considerations received by nonprofit corporations licensed to do business in this state issuing annuities to fund retirement benefits for teachers and staff personnel of private secondary schools and colleges and universities shall not be considered gross direct premium. (c) It is the intent of the General Assembly that, subject to appropriation, an amount not to exceed the amount of such proceeds received from such tax in any fiscal year

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shall be made available during the following fiscal year to the Georgia Health Insurance Risk Pool for the purposes set forth in Chapter 29A of this title."
SECTION 3. Said title is further amended by striking Code Section 33-24-21.1, relating to group accident and sickness contracts, and inserting in lieu thereof a new Code Section 33-2421.1 to read as follows:
"33-24-21.1. (a) As used in this Code section, the term:
(1) 'Creditable coverage' under another health benefit plan means medical expense coverage with no greater than a 90 day gap in coverage under any of the following:
(A) Medicare or Medicaid; (B) An employer based accident and sickness insurance or health benefit arrangement; (C) An individual accident and sickness insurance policy, including coverage issued by a health maintenance organization, nonprofit hospital or nonprofit medical service corporation, health care corporation, or fraternal benefit society; (D) A spouses benefits or coverage under medicare or Medicaid or an employer based health insurance or health benefit arrangement; (E) A conversion policy; (F) A franchise policy issued on an individual basis to a member of a true association as defined in subsection (b) of Code Section 33-30-1; (G) A health plan formed pursuant to 10 U.S.C. Chapter 55; (H) A health plan provided through the Indian Health Service or a tribal organization program or both; (I) A state health benefits risk pool; (J) A health plan formed pursuant to 5 U.S.C. Chapter 89; (K) A public health plan; or (L) A Peace Corps Act health benefit plan. (2) 'Eligible dependent' means a person who is entitled to medical benefits coverage under a group contract or group plan by reason of such persons dependency on or relationship to a group member. (3) 'Group contract or group plan' is synonymous with the term 'contract or plan' and means: (A) A group contract of the type issued by a nonprofit medical service corporation established under Chapter 18 of this title; (B) A group contract of the type issued by a nonprofit hospital service corporation established under Chapter 19 of this title; (C) A group contract of the type issued by a health care plan established under Chapter 20 of this title; (D) A group contract of the type issued by a health maintenance organization established under Chapter 21 of this title; or

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(E) A group accident and sickness insurance policy or contract, as defined in Chapter 30 of this title. (4) 'Group member' means a person who has been a member of the group for at least six months and who is entitled to medical benefits coverage under a group contract or group plan and who is an insured, certificate holder, or subscriber under the contract or plan. (5) 'Insurer' means an insurance company, health care corporation, nonprofit hospital service corporation, medical service nonprofit corporation, health care plan, or health maintenance organization. (6) 'Qualifying eligible individual' means: (A) A Georgia domiciliary, for whom, as of the date on which the individual seeks coverage under this Code section, the aggregate of the periods of creditable coverage is 18 months or more; and (B) Who is not eligible for coverage under any of the following:
(i) A group health plan, including continuation rights under this Code section or the federal Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA); (ii) Part A or Part B of Title XVIII of the federal Social Security Act; or (iii) The state plan under Title XIX of the federal Social Security Act or any successor program. (b) Each group contract or group plan delivered or issued for delivery in this state, other than a group accident and sickness insurance policy, contract, or plan issued in connection with an extension of credit, which provides hospital, surgical, or major medical coverage, or any combination of these coverages, on an expense incurred or service basis, excluding contracts and plans which provide benefits for specific diseases or accidental injuries only, shall provide that members and qualifying eligible individuals whose insurance under the group contract or plan would otherwise terminate shall be entitled to continue their hospital, surgical, and major medical insurance coverage under that group contract or plan for themselves and their eligible dependents. (c) Any group member or qualifying eligible individual whose coverage has been terminated and who has been continuously covered under the group contract or group plan, and under any contract or plan providing similar benefits which it replaces, for at least six months immediately prior to such termination, shall be entitled to have his or her coverage and the coverage of his or her eligible dependents continued under the contract or plan. Such coverage must continue for the fractional policy month remaining, if any, at termination plus three additional policy months upon payment of the premium by cash, certified check, or money order, at the option of the employer, to the policyholder or employer, at the same rate for active group members set forth in the contract or plan, on a monthly basis in advance as such premium becomes due during this coverage period. Such premium payment must include any portion of the premium paid by a former employer or other person if such employer or other person no longer contributes premium payments for this coverage. At the end of such period, the group member shall have the same conversion rights that were available on the date of

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termination of coverage in accordance with the conversion privileges contained in the group contract or group plan.
(d)(1) A group member shall not be entitled to have coverage continued if: (A) termination of coverage occurred because the employment of the group member was terminated for cause; (B) termination of coverage occurred because the group member failed to pay any required contribution; or (C) any discontinued group coverage is immediately replaced by similar group coverage including coverage under a health benefits plan as defined in the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq. Further, a group member shall not be entitled to have coverage continued if the group contract or group plan was terminated in its entirety or was terminated with respect to a class to which the group member belonged. This subsection shall not affect conversion rights available to a qualifying eligible individual under any contract or plan. (2) A qualifying eligible individual shall not be entitled to have coverage continued if the most recent creditable coverage within the coverage period was terminated based on one of the following factors: (A) failure of the qualifying eligible individual to pay premiums or contributions in accordance with the terms of the health insurance coverage or failure of the issuer to receive timely premium payments; (B) the qualifying eligible individual has performed an act or practice that constitutes fraud or made an intentional misrepresentation of material fact under the terms of coverage; or (C) any discontinued group coverage is immediately replaced by similar group coverage including coverage under a health benefits plan as defined in the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq. This subsection shall not affect conversion rights available to a group member under any contract or plan. (e) If the group contract or group plan terminates while any group member or qualifying eligible individual is covered or whose coverage is being continued, the group administrator, as prescribed by the insurer, must notify each such group member or qualifying eligible individual that he or she must exercise his or her conversion rights within: (1) Thirty 30 days of such notice for group members who are not qualifying eligible individuals; or (2) Sixty-three days of such notice for qualifying eligible individuals. (f) Every group contract or group plan, other than a group accident and sickness insurance policy, contract, or plan issued in connection with an extension of credit, which provides hospital, surgical, or major medical expense insurance, or any combination of these coverages, on an expense incurred or service basis, excluding policies which provide benefits for specific diseases or for accidental injuries only, shall contain a conversion privilege provision. (g) Eligibility for the converted policies or contracts shall be as follows: (1) Any qualifying eligible individual whose insurance and its corresponding eligibility under the group policy, including any continuation available, elected, and exhausted under this Code section or the federal Consolidated Omnibus Budget

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Reconciliation Act of 1986 (COBRA), has been terminated for any reason, including failure of the employer to pay premiums to the insurer, other than fraud or failure of the qualifying eligible individual to pay a required premium contribution to the employer or, if so required, to the insurer directly and who has at least 18 months of creditable coverage immediately prior to termination shall be entitled, without evidence of insurability, to convert to individual or group based coverage covering such qualifying eligible individual and any eligible dependents who were covered under the qualifying eligible individuals coverage under the group contract or group plan. Such conversion coverage must be, at the option of the individual, retroactive to the date of termination of the group coverage or the date on which continuation or COBRA coverage ended, whichever is later. The insurer must offer qualifying eligible individuals at least two distinct conversion options from which to choose. One such choice of coverage shall be comparable to comprehensive health insurance coverage offered in the individual market in this state or comparable to a standard option of coverage available under the group or individual health insurance laws of this state. The other choice may be more limited in nature but must also qualify as creditable coverage. Each coverage shall be filed, together with applicable rates, for approval by the Commissioner. Such choices shall be known as the 'Enhanced Conversion Options'; (2) Premiums for the enhanced conversion options for all qualifying eligible individuals shall be determined in accordance with the following provisions:
(A) Solely for purposes of this subsection, the claims experience produced by all groups covered under comprehensive major medical or hospitalization accident and sickness insurance for each insurer shall be fully pooled to determine the group pool rate. Except to the extent that the claims experience of an individual group affects the overall experience of the group pool, the claims experience produced by any individual group of each insurer shall not be used in any manner for enhanced conversion policy rating purposes; (B) Each insurers group pool shall consist of each insurers total claims experience produced by all groups in this state, regardless of the marketing mechanism or distribution system utilized in the sale of the group insurance from which the qualifying eligible individual is converting. The pool shall include the experience generated under any medical expense insurance coverage offered under separate group contracts and contracts issued to trusts, multiple employer trusts, or association groups or trusts, including trusts or arrangements providing group or group-type coverage issued to a trust or association or to any other group policyholder where such group or group-type contract provides coverage, primarily or incidentally, through contracts issued or issued for delivery in this state or provided by solicitation and sale to Georgia residents through an out-of-state multiple employer trust or arrangement; and any other group-type coverage which is determined to be a group shall also be included in the pool for enhanced conversion policy rating purposes; and

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(C) Any other factors deemed relevant by the Commissioner may be considered in determination of each enhanced conversion policy pool rate so long as it does not have the effect of lessening the risk-spreading characteristic of the pooling requirement. Duration since issue and tier factors may not be considered in conversion policy rating. Notwithstanding subparagraph (A) of this paragraph, the total premium calculated for all enhanced conversion policies may deviate from the group pool rate by not more than plus or minus 50 percent based upon the experience generated under the pool of enhanced conversion policies so long as rates do not deviate for similarly situated individuals covered through the pool of enhanced conversion policies; (3) Any group member who is not a qualifying eligible individual and whose insurance under the group policy has been terminated for any reason, including failure of the employer to pay premiums to the insurer, other than eligibility for medicare (reaching a limiting age for coverage under the group policy) or failure of the group member to pay a required premium contribution, and who has been continuously covered under the group contract or group plan, and under any contract or plan providing similar benefits which it replaces, for at least six months immediately prior to termination shall be entitled, without evidence of insurability, to convert to individual or group coverage covering such group member and any eligible dependents who were covered under the group members coverage under the group contract or group plan. Such conversion coverage must be, at the option of the individual, retroactive to the date of termination of the group coverage or the date on which continuation or COBRA coverage ended, whichever is later. The premium of the basic converted policy shall be determined in accordance with the insurers table of premium rates applicable to the age and classification of risks of each person to be covered under that policy and to the type and amount of coverage provided. This form of conversion coverage shall be known as the 'Basic Conversion Option'; and (4)(2) Nothing in this Code section shall be construed to prevent an insurer from offering additional options to qualifying eligible individuals or group members. (h) Each group certificate issued to each group member or qualifying eligible individual, in addition to setting forth any conversion rights, shall set forth the continuation right in a separate provision bearing its own caption. The provisions shall clearly set forth a full description of the continuation and conversion rights available, including all requirements, limitations, and exceptions, the premium required, and the time of payment of all premiums due during the period of continuation or conversion. (i) This Code section shall not apply to limited benefit insurance policies. For the purposes of this Code section, the term 'limited benefit insurance' means accident and sickness insurance designed, advertised, and marketed to supplement major medical insurance. The term limited benefit insurance includes accident only, CHAMPUS supplement, dental, disability income, fixed indemnity, long-term care, medicare supplement, specified disease, vision, and any other accident and sickness insurance other than basic hospital expense, basic medical-surgical expense, and comprehensive major medical insurance coverage.

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(j) The Commissioner shall adopt such rules and regulations as he or she deems necessary for the administration of this Code section. Such rules and regulations may prescribe various conversion plans, including minimum conversion standards and minimum benefits, but not requiring benefits in excess of those provided under the group contract or group plan from which conversion is made, scope of coverage, preexisting limitations, optional coverages, reductions, notices to covered persons, and such other requirements as the Commissioner deems necessary for the protection of the citizens of this state. (k) This Code section shall apply to all group plans and group contracts delivered or issued for delivery in this state on or after July 1, 1998, and to group plans and group contracts then in effect on the first anniversary date occurring on or after July 1, 1998."
SECTION 4. Said title is further amended by striking Chapter 29A, relating to individual health insurance coverage availability and assignment systems, and inserting a new Chapter 29A to read as follows:
"CHAPTER 29A
33-29A-1. (a) It is the intention of this chapter to provide an acceptable alternative mechanism for the availability of individual health insurance coverage, as contemplated by Section 2741 of the federal Public Health Service Act, 42 U.S.C.A. Section 300gg-41. This chapter shall be construed and administered so as accomplish such intention. (b) Any reference in this chapter to any federal statute shall refer to that federal statute as it existed on January 1, 1997, including its amendment by the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191.
33-29A-2. (a) As used in this chapter, the term:
(1) 'Benefit Plan' means coverage offered by the pool to eligible persons. (2) 'Board' means the board of directors of the Georgia Health Insurance Risk Pool created under this chapter. (3) 'Commissioner' means the Commissioner of Insurance. (4) 'Covered Person' means any individual resident of this state, excluding dependents, who is eligible to receive benefits from any insurer. (5) 'Creditable coverage' and 'eligible individual' have the same meaning as specified in Sections 270l and 2741 of the federal Public Health Service Act, 42 U.S.C.A. Sections 300gg and 300gg-41, except that a person shall not be an eligible individual under this chapter if such person is eligible for or has declined any continuation or conversion coverage or has terminated any such coverage prior to its exhaustion. (6) 'Department' means the Georgia Department of Insurance.

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(7) 'Dependent' means a spouse or unmarried child under the age of 18 years residing with the individual and a child who is a full-time student according to the provisions of subparagraph (3) of subsection (a) of Code Section 33-29-2 or paragraph (4) of Code Section 33-30-4. (8) 'Family member' means a parent, grandparent, brother, or sister. (9) 'Health insurance' means any hospital or medical expense incurred policy, nonprofit health care services plan contract, health maintenance organization, subscriber contract, or any other health care plan or arrangement that pays for or furnishes medical or health care services, whether by insurance or otherwise, when sold to an individual or as a group policy. This term does not include limited benefit insurance policies. For the purposes of this Code section, the term 'limited benefit insurance' means accident and sickness insurance designed, advertised, and marketed to supplement major medical insurance. The term 'limited benefit insurance' includes accident only, CHAMPUS supplement, dental, disability income, fixed indemnity, long-term care, medicare supplement, specified disease, vision, limited benefit, or credit insurance; coverage issued as a supplement to liability insurance; insurance arising out of a workers compensation or similar law; automobile medical-payment insurance; or insurance under which benefits are payable with or without regard to fault and which is statutorily required to be contained in any liability insurance policy or equivalent self-insurance, and includes any other accident and sickness insurance other than basic hospital expense, basic medical-surgical expense, and comprehensive major medical insurance coverage. (10) 'Health insurance issuer' and 'health maintenance organization' have the same meaning as specified in Section 2791 of the federal Public Health Service Act, 42 U.S.C.A. Section 300gg-92. (11) 'Health insurer' means any health insurance issuer which is not a managed care organization. (12) 'Insurance arrangement' means a plan, program, contract, or other arrangement through which health care services are provided by an employer to its officers, employees, or other personnel, but does not include health care services covered through an insurer. (13) 'Insured' means a person who is a resident of this state and a citizen of the United States and who is eligible to receive benefits from the pool. The term 'insured' may include dependents and family members. (14) 'Insurer' means any entity that is authorized in this state to write health insurance or that provides health insurance or pays medical claims in this state. For the purposes of this chapter, the term 'insurer' includes an insurance company; nonprofit health care services plan; health care corporation or surviving health care corporation as defined in Code Section 33-20-3; fraternal benefits society; health maintenance organization; third-party administrator; to the extent permitted by federal law, any self-insured arrangement covered by Section 3 of the federal Employment Retirement Income Security Act of 1974, 29 U.S.C. Section 1002, as amended, that provides health care benefits in this state; any other entity providing a plan of health insurance

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or health benefits subject to state insurance regulation; association plans; and any stop-loss plan providing stop-loss coverage to a health insurer or health plan in Georgia. (15) 'Managed care organization' means a health maintenance organization or a nonprofit health care corporation. (16) 'Medicare' means coverage provided by Part A and Part B of Title XVIII of the federal Social Security Act, 42 U.S.C. Section 1395c, et seq. (17) 'Payer' means any person or entity that contributes financially toward the operation of the pool. (18) 'Physician' means a person licensed to practice medicine in Georgia. (19) 'Plan of operation' means the plan of operation of the pool and includes the articles, bylaws, and operating rules of the pool that are adopted by the board. (20) 'Pool' means the Georgia Health Insurance Risk Pool. (21) 'Resident' means:
(A) An individual who has been legally domiciled in Georgia for a minimum of 90 days; (B) An individual who is legally domiciled in Georgia on the date of application to the pool and who is eligible for enrollment in the pool as a result of the federal Health Insurance Portability and Accountability Act of 1996, P. L. 104-191; or (C) An individual who is legally domiciled in Georgia on the date of application to the pool and is eligible for the credit for health insurance costs under Section 35 of the federal Internal Revenue Code of 1986. (22) 'Third-party administrator' means any entity that is paying or processing health insurance claims for any Georgia resident. (b) Any other term which is used in this chapter and which is also defined in Section 2791 of the federal Public Health Service Act, 42 U.S.C.A. Section 300gg-92, and not otherwise defined in this chapter shall have the same meaning specified in said Section 2791.
33-29A-3. (a) There is created a body corporate and politic to be known as the 'Georgia Health Insurance Risk Pool' which shall be deemed to be an instrumentality of the state and a public corporation. The Georgia Health Insurance Risk Pool shall have perpetual existence and any change in the name or composition of the plan shall in no way impair the obligations of any contracts existing under this chapter. (b) The Commissioner, Governor, Speaker of the House of Representatives, and President of the Senate shall appoint members of the board for staggered six-year terms as provided by this Code section. (c) The Commissioner shall appoint:
(1) Two persons affiliated with different insurers admitted and authorized to write health insurance in this state, one of whom must represent a domestic insurer;

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(2) One person affiliated with a third-party administrator or other case management organization having, as a line of business or specialty, disease state management, case management, patient safety management, or other risk reduction methodologies; and (3) One person licensed to sell health insurance in the state. (d) The Speaker of the House of Representatives shall appoint one person representing the medical provider community, such as a physician licensed to practice medicine in this state, a hospital administrator, or an advanced nurse practitioner. (e) The Governor shall appoint one employer whose principal business location is in the State of Georgia and who can reasonably be expected to offer health insurance coverage to his or her employees. (f) The President of the Senate shall appoint one representative of the general public who is not employed by or affiliated with an insurance company or plan, group hospital, or other health care provider, and can reasonably be expected to qualify for coverage in the pool. Representatives of the general public include persons whose only affiliation with an insurance company or plan, group hospital service corporation, or health maintenance organization is as an insured or person who has coverage through a plan provided by the corporation or organization. (g) If a vacancy occurs on the board, the person or officer who made the original appointment to the board shall fill the vacancy for the unexpired term with a person who has the appropriate qualifications to fill that position on the board. (h) The Commissioner shall designate one of the appointees to the board to serve as chairperson. The chairperson shall serve at the pleasure of the Commissioner. (i) A member of the board shall not be liable for an action or omission performed in good faith in the performance of the powers and duties under this chapter and a cause of action shall not arise against a member for such action or omission. (j) Initial terms for board members shall be staggered as follows: (1) One of the persons affiliated with insurers shall have a two-year initial term and one shall have a six-year initial term, as designated by the Commissioner at the time of such appointment; (2) The person licensed to sell insurance in the state shall have a four-year initial term; (3) The employer representative shall have a six-year initial term; (4) The provider representative shall have a four-year initial term; (5) The board member affiliated with a third-party administrator or other case management organization shall have a four-year initial term; and (6) The general public representative shall have a two-year initial term. Thereafter, members shall be appointed and serve six-year terms.
33-29A-4. (a) The initial board of the pool shall submit to the Commissioner a plan of operation for the pool that will assure the fair, reasonable, and equitable administration of the pool.

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(b) In addition to the other requirements of this chapter, the plan of operation must include procedures for:
(1) Operation of the pool; (2) Selecting an administrator; (3) Creating a fund, under management of the board, for administrative expenses; (4) Handling, accounting, and auditing of money and other assets of the pool; (5) Developing and implementing a program to publicize the existence of the pool, the eligibility requirements for coverage under the pool, enrollment procedures, and to foster public awareness of the plan; (6) Creation of a grievance committee to review complaints presented by applicants for coverage from the pool and insureds who receive coverage from the pool; and (7) Other matters as may be necessary and proper for the execution of the boards powers, duties, and obligations under this chapter. (c) After notice and hearing, the Commissioner shall approve the plan of operation if it is determined that the plan is suitable to assure the fair, reasonable, and equitable administration of the pool. (d) The plan of operation shall become effective on the date it is approved by the Commissioner. (e) If the initial board fails to submit a suitable plan of operation within 180 days following the appointment of the initial board, the Commissioner, after notice and hearing, may adopt all necessary and reasonable rules to provide a plan for the pool. The rules adopted under this subsection shall continue in effect until the initial board submits, and the Commissioner approves, a plan of operation as provided under this Code section. (f) The board shall amend the plan of operation as necessary to carry out this chapter. All amendments to the plan of operation shall be submitted to the Commissioner for approval before becoming part of the plan. (g) By not later than December 1, 2005, the board shall report to the Governor, the President of the Senate, and the Speaker of the House of Representatives the results of an actuarial study conducted by the board to determine, including, but not limited to: (1) The impact that the creation of the plan will have on the small group insurance market and the individual market on premiums paid by insureds. This shall include an estimate of the total anticipated aggregate savings for all small employers in the state; (2) The number of individuals the pool could reasonably cover at various premium levels; and (3) An analysis of various sources of funding and a recommendation as to the best source of funding for the future anticipated deficits of the pool.
33-29A-5. (a) The pool is authorized to exercise any of the authority that an insurance company authorized to write health insurance in this state may exercise under the laws of this state.

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(b) As part of its authority, the pool shall have the authority to: (1) Provide health benefits coverage to persons who are eligible for that coverage under this chapter; (2) Enter into contracts that are necessary to carry out its powers and duties under this chapter including, with the approval of the Commissioner, entering into contracts with similar pools in other states for the joint performance of common administrative functions or with other organizations for the performance of administrative functions; (3) Sue and be sued, including taking any legal actions necessary or proper to recover or collect assessments due the pool; (4) Institute any legal action necessary to avoid payment of improper claims against the pool or the coverage provided by or through the pool, to recover any amounts erroneously or improperly paid by the pool, to recover any amount paid by the pool as a mistake of fact or law, and to recover other amounts due the pool; (5) Establish appropriate rates, rate schedules, rate adjustments, expense allowance, agents referral fees, and claim reserve formulas and perform any actuarial function appropriate to the operation of the pool; (6) Adopt policy forms, endorsements, and riders and applications for coverage; (7) Issue insurance policies subject to this chapter and the plan of operation; (8) Appoint appropriate legal, actuarial, and other committees that are necessary to provide technical assistance in operating the pool and performing any of the functions of the pool; (9) Employ and set the compensation of any persons necessary to assist the pool in carrying out its responsibilities and functions; (10) Contract for stop-loss insurance for risks incurred by the pool; (11) Borrow money as necessary to implement the purposes of the pool; (12) Issue additional types of health insurance policies to provide optional coverages which comply with applicable provisions of state and federal law; (13) Provide for and employ cost containment measures and requirements including, but not limited to, preadmission screening, second surgical opinion, concurrent utilization case management, disease-state management, and other risk reduction practices for the purpose of maximizing effectiveness and cost savings to the pool, its insureds, and payers; (14) Design, utilize, contract, or otherwise arrange for delivery of cost-effective health care services, including establishing or contracting with preferred provider organizations and health maintenance organizations; (15) Provide for reinsurance on either a facultative or treaty basis, or both; and (16) Develop through research and surveys of insurers offering individual health insurance coverage in this state reasonable guidelines for acceptance of risk in the individual health insurance market.
(c) The board shall promulgate a list of medical or health conditions for which a person shall be eligible for pool coverage without applying for health insurance. The list shall be effective on the first day of the operation of the pool and may be amended from time

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to time as may be appropriate and as treatment outcomes and disease state management practices change due to advances in medicine. (d) Not later than June 1 of each year, the board shall make an annual report to the Governor, the General Assembly, and the Commissioner. The report shall summarize the activities of the pool in the preceding calendar year, including information regarding net written and earned premiums, plan enrollment, administration expenses, and paid and incurred losses.
33-29A-6. (a) After completing a competitive bidding process as provided by the plan of operation, the board may select one or more insurers or a third-party administrator certified by the department to administer the pool. (b) The board shall establish criteria for evaluating the bids submitted. The criteria shall include:
(1) An insurers or third-party administrators proven ability to handle individual accident and sickness insurance; (2) The efficiency of an insurers or third-party administrators claims paying procedures; (3) An estimate of total charges for administering the pool; (4) An insurers or third-party administrators ability to administer the pool in a costefficient manner; and (5) The financial condition and stability of the insurer or third-party administrator. (c) The administering insurer or third-party administrator shall perform such functions relating to the pool as may be assigned to it, including: (1) Perform eligibility and administrative claims payment functions for the pool; (2) Establish a billing procedure for collection of premiums from persons insured by the pool; (3) Perform functions necessary to assure timely payment of benefits to persons covered under the pool, including:
(A) Providing information relating to the proper manner of submitting a claim for benefits to the pool and distributing claim forms; and (B) Evaluating the eligibility of each claim for payment by the pool; (4) Submit regular reports to the board relating to the operation of the pool; and (5) Determine after the close of each calendar year the net written and earned premiums, expense of administration, and paid and incurred losses of the pool for that calendar year and report this information to the board and the Commissioner on forms prescribed by the Commissioner.
33-29A-7. The Commissioner may by rule and regulation establish additional powers and duties of the board and may adopt other rules and regulations as are necessary and proper to implement this chapter. The Commissioner by rule and regulation shall provide the

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procedures, criteria, and forms necessary to implement, collect, and deposit assessments made and collected under Code Section 33-29A-12.
33-29A-8. (a) Rates and rate schedules may be adjusted for appropriate risk factors, including age and variation in claim costs, and the board may consider appropriate risk factors in accordance with established actuarial and underwriting practices. (b) The pool shall determine the standard risk rate by considering the premium rates charged by other insurers offering health insurance coverage to individuals. The standard risk rate shall be established using reasonable actuarial techniques and shall reflect anticipated experience and expenses for such coverage. The initial pool rate may not be less than 125 percent and may not exceed 150 percent of rates established as applicable for individual standard rates. Subsequent rates shall be established to provide fully for the expected costs of claims, including recovery of prior losses, expenses of operation, investment income of claim reserves, and any other cost factors subject to the limitations described in this subsection; however, in no event shall pool rates exceed 150 percent of rates applicable to individual standard risks. (c) All rates and rate schedules shall be submitted to the Commissioner for approval, and the Commissioner must approve the rates and rate schedules of the pool before use by the pool. The Commissioner in evaluating the rates and rate schedule of the pool shall consider the factors provided for in this Code section.
33-29A-9. (a) Any individual person who is and continues to be a resident of Georgia and a citizen of the United States shall be eligible for coverage from the pool if evidence is provided of:
(1) A notice of rejection or refusal to issue substantially similar insurance for health reasons by two insurers. A rejection or refusal by an insurer offering only stop-loss, excess loss, or reinsurance coverage with respect to the applicant shall not be sufficient evidence under this subsection; (2) A refusal by an insurer to issue insurance except at a rate exceeding the pool rate; (3) Diagnosis of the individual with one of the medical or health conditions listed by the board in accordance with subsection (c) of Code Section 33-29A-5. A person diagnosed with one or more of these conditions shall be eligible for a pool coverage without applying for other health insurance coverage; (4) In the case of an individual who is eligible for coverage under the federal Health Insurance Portability and Accountability Act of 1996, P. L. 104-191, the individuals maintenance of health insurance coverage for the previous 18 months with no gap in coverage greater than 63 days of which the most recent coverage was through an employer sponsored plan; (5) In the case of an individual who is eligible for coverage under the federal Health Insurance Portability and Accountability Act of 1996, P. L. 104-191, the individuals maintenance of health insurance coverage through this states 'Enhanced Conversion

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1647

Option,' 'Georgia Health Insurance Assignment System' or 'Georgia Health Benefits Assignment System' at a rate exceeding the pool rate; or (6) Legal domicile in Georgia and eligibility for the credit for health insurance costs under Section 35 of the federal Internal Revenue Code of 1986. (b) Each dependant of a person who is eligible for coverage from the pool shall also be eligible for coverage from the pool unless that person is enrolled in or is eligible to enroll in any form of health insurance or insurance arrangement, whether public or private. In the case of a child who is the primary insured, resident family members shall also be eligible for coverage. (c) A person may maintain pool coverage for the period of time the person is satisfying a preexisting waiting period under another health insurance policy or insurance arrangement intended to replace the pool policy. (d) A person is not eligible for coverage from the pool if the person; (1) Has in effect on the date pool coverage takes effect, or is eligible to enroll in, health insurance coverage from an insurer or insurance arrangement; (2) Is eligible for other health care benefits at the time application is made to the pool, including COBRA continuation, except;
(A) Coverage, including COBRA continuation, other continuation, or conversion coverage, maintained for the period of time the person is satisfying any preexisting condition waiting period under a pool policy; or (B) Individual coverage conditioned by the limitation described by paragraphs (1) through (3) of subsection (a) of this Code section. (3) Has terminated coverage in the pool within 12 months of the date that application is made to the pool, unless the person demonstrates a good faith reason for the termination; (4) Is confined in a county jail or imprisoned in a state prison; (5) Has premiums that are paid for or reimbursed under any government sponsored program or by any government agency or health care provider, except as an otherwise qualifying full-time employee, or dependent thereof, of a government agency or health care provider, except as provided in paragraph (6) of subsection (a) of Code Section 33-29A-9; (6) Has had prior coverage with the pool terminated for nonpayment of premiums or fraud; or (7) Has voluntarily terminated coverage outside the pool within six months of the date that application is made to the pool unless the person demonstrates a good faith reason for the termination. (e) Pool coverage shall cease: (1) On the date a person is no longer a resident of this state, except for a child who is a full-time student according to provisions of subparagraph (3) of subsection (a) of Code Section 33-29-2 or paragraph (4) of Code Section 33-30-4 and who is financially dependent upon the parent, a child for whom a person may be obligated to pay child support, or a child of any age who is disabled and dependent upon the parent;

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(2) On the date a person requests coverage to end; (3) Upon the death of the covered person; (4) On the date state law requires cancellation of the policy; (5) At the option of the pool, 30 days after the pool sends to the person any inquiry concerning the persons eligibility, including an inquiry concerning the persons residence, to which the person does not reply; (6) On the thirty-first day after the day on which a premium payment for pool coverage becomes due if the payment is not made before that date; or (7) At such time as the person ceases to meet the eligibility requirements of this Code section. (f) A person who ceases to meet the eligibility requirements of this Code section may have his or her coverage terminated at the end of the policy period.
33-29A-10. (a) The pool shall offer pool coverage consistent with major medical expense coverage to each eligible person who is not eligible for medicare. The board, with the approval of the Commissioner, shall establish:
(1) The coverages to be provided by the pool; (2) At least two health benefit products to be offered by the pool; (3) The applicable schedules of benefits; and (4) Any exclusions to coverage and other limitations. (b) The benefits provisions of the pools health benefits coverages shall include the following: (1) All required or applicable definitions; (2) A list of any exclusions or limitations to coverage; (3) A description of covered services required under the pool; and (4) The deductibles, coinsurance options, and copayment options that are required or permitted under the pool. (c) The board may adjust deductibles, the amounts of stop-loss coverage, and the time periods governing preexisting conditions to preserve the financial integrity of the pool. If the board makes such an adjustment, it shall report in writing that adjustment together with its reasons for the adjustment to the Commissioner. The report shall be submitted not later than the thirtieth day after the date the adjustment is made. (d) Benefits otherwise payable under pool coverage shall be reduced by amounts paid or payable through any other health insurance or insurance arrangement and by all hospital and medical expense benefits paid or payable under any workers compensation coverage, automobile insurance whether provided on the basis of fault or no-fault, and by any hospital or medical benefits paid or payable under or provided pursuant to any state or federal law or program. (e) The pool shall have a cause of action against an eligible person for the recovery of the amount of benefits paid that are not for covered expenses. Benefits due from the pool may be reduced or refused as an offset against any amount recoverable under this subsection.

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33-29A-11. (a) Except as otherwise provided by this Code section, pool coverage shall exclude charges or expenses incurred during the first 12 months following the effective date of coverage with regard to any condition for which medical advice, care, or treatment was recommended or received during the six-month period preceding the effective date of coverage. (b) The preexisting conditions limitation provided in this Code section shall be reduced by aggregated creditable coverage that was in effect up to a date not more than 63 days before application for coverage in the pool. (c) An eligible individual who is eligible for enrollment in the pool as a result of the federal Health Insurance Portability and Accountability Act of 1996, P. L. 104-191, and has 18 months of prior creditable coverage, the most recent of which is employer sponsored coverage, shall be eligible for coverage without regard to the 12 month preexisting conditions limitation. (d) An eligible individual who is eligible for the credit for health insurance under Section 35 of the federal Internal Revenue Code of 1986 shall be eligible for coverage without regard to the 12 month preexisting conditions limitation only if he or she had three months of prior creditable coverage as of the date on which the individual seeks to enroll in pool coverage, not counting any period prior to a 63 day break in coverage.
33-29A-12. The General Assembly shall appropriate the funds necessary to carry out the powers and duties of the pool.
33-29A-13. An applicant or participant in coverage from the pool is entitled to have complaints against the pool reviewed by a grievance committee appointed by the board. The grievance committee shall report to the board after completion of the review of each complaint. The board shall retain all written complaints regarding the pool at least until the third anniversary of the date the pool received the complaint.
33-29A-14. (a) The state auditor shall conduct annually a special audit of the pool. The state auditors report shall include a financial audit and an economy and efficiency audit. (b) The state auditor shall report the cost of each audit conducted under this chapter to the board. The board shall then promptly remit that amount to the state auditor for deposit to the general fund.
33-29A-15. Notwithstanding other changes in law contained in this chapter, coverage for persons eligible as a result of the federal Health Insurance Portability and Accountability Act of 1996, P. L. 104-191, shall continue to be issued health insurance coverage through this states 'Georgia Health Insurance Assignment System,' or 'Georgia Health Benefits

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Assignment System' under rules and procedures established under this chapter prior to July 1, 2005, until December 31, 2005.
33-29A-16. Coverages available under the Georgia Health Insurance Risk Pool must be made available not later than January 1, 2006."
SECTION 5. Said title is further amended by striking paragraph (2) of subsection (b) of Code Section 33-30-15, relating to continuation of similar coverage, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) Once such creditable coverage terminates, including termination of such creditable coverage after any period of continuation of coverage required under Code Section 33-24-21.1 or the provisions of Title X of the Omnibus Budget Reconciliation Act of 1986, the insurer must offer a conversion policy provide notice of eligibility for coverage under the states alternative mechanism of the availability of individual health insurance coverage as provided under Chapter 29A of this title, as contemplated by Section 2741 of the federal Public Health Service Act, 42 U.S.C. Section 300gg-41, to the eligible employee, member, subscriber, enrollee, or dependent."
SECTION 6. Said title is further amended by repealing and reserving Chapter 44, relating to high risk health insurance plans.
SECTION 7. Sections 1, 3, and 5 of this Act shall become effective on January 1, 2006. The remainder of this Act shall become effective on July 1, 2005.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
The following amendments were read and adopted:
Representatives Forster of the 3rd and Ehrhart of the 36th move to amend the Committee substitute to HB 320 by striking "1955" on line 12 on page 2 and inserting in lieu thereof "1955 2005" and by striking "agents referral fees," on line 12 on page 14.
Representatives Forster of the 3rd and Ehrhart of the 36th move to amend the Committee substitute to HB 320 by striking "1 1/2" on line 11 on page 2 and inserting in lieu thereof ".75".
The Committee substitute, as amended, was adopted.

THURSDAY, MARCH 10, 2005

1651

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 Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G
Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner
Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey N Lord Y Loudermilk E Lucas Y Lunsford E Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall Y McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell
Ralston Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 164, nays 1.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 442. By Representatives Yates of the 73rd, Lakly of the 72nd, Freeman of the 140th and Warren of the 122nd:

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A BILL to be entitled an Act to amend Code Section 43-12-2 of the Official Code of Georgia Annotated, relating to qualifications for an exemption from occupation taxes, administrative fees, and regulatory fees, so as to provide for certain duties of the Department of Veterans Service; 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 Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden N Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G
Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston
Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown
Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas
Lunsford E Maddox Y Mangham Y Manning Y Marin Y Martin

Maxwell Y May Y McCall Y McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell
Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M
Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 161, nays 1.

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1653

The Bill, having received the requisite constitutional majority, was passed.

Representative Maxwell of the 17th 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 378. By Representatives Fleming of the 117th, May of the 111th, Loudermilk of the 14th, Hatfield of the 177th and Willard of the 49th:

A BILL to be entitled an Act to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate court costs and compensation, and Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to provide for premarital education; to provide for financial incentive to invest in premarital education; to provide for matters relative to the additional fee for certain marriage license applications; to provide for the requirements and elements of premarital education programs; 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.

The following Committee substitute was read:

A BILL

To amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate court costs and compensation, and Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to provide for premarital education; to provide for financial incentive to invest in premarital education; to provide for the requirements and elements of premarital education programs; 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. Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate court costs and compensation, is amended by striking paragraph (14) of subsection (k) of Code Section 15-9-60, relating to costs, and inserting new paragraphs (14) and (14.1) to read as follows:

"(14) Application for marriage license if the applicants have

completed premarital education pursuant to Code Section 19-

3-30.1

10.00 No fee

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(14.1) Application for a marriage license if the applicants

have not completed premarital education pursuant to Code

Section 19-3-30.1

35.00"

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. (a) 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 premarital education program shall not be charged a fee for a marriage license. The premarital education shall include at least six hours of 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 premarital education shall be completed within 12 months prior to the application for a marriage license and the couple shall undergo the premarital education together. The premarital education shall be performed by:
(1) A professional counselor, social worker, or marriage and family therapist who is licensed pursuant to Chapter 10A of Title 43; (2) A psychiatrist who is licensed as a physician 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, including retired clergy, provided that a designee is trained and skilled in premarital education. (b) Each premarital education provider shall furnish each participant who completes the premarital education required by this Code section a certificate of completion."

SECTION 3. Said chapter 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 the persons 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 education pursuant to Code Section 19-3-30.1. If the application states that the applicants seeking issuance of the license have completed premarital education, then the applicants shall submit a signed and dated certificate of completion issued by the premarital education provider."

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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 ruled not germane:
Representative Randall of the 138th moves to amend the Committee substitute to HB 378 by inserting after the semicolon on line 6 of page 1 the following:
"to amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to provide for counseling under certain circumstances; to specify distribution of marital property under certain circumstances;".
By inserting between lines 31 and 32 of page 2 the following:
"SECTION 3A. Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, is amended by striking in its entirety Code Section 19-5-13, relating to disposition of property in accordance with verdict, and inserting in lieu thereof the following:
'19-5-13. The verdict of the jury disposing of the property in a divorce case shall be carried into effect by the court by entering such judgment or decree or taking such other steps as are usual in the exercise of the courts equitable powers to execute effectually and fully the jurys verdict; provided, however, that a party shall not be entitled to any of the marital property if it is established by a preponderance of the evidence that the separation between the parties was caused by that partys adultery.'
SECTION 3B. Said chapter is further amended by adding a new Code section to the end of the chapter to read as follows:
'19-5-18. If it is established by a preponderance of the evidence that the separation between the parties was caused by one of the partys adultery, then the court shall order the party who committed the adultery to attend 12 hours of counseling involving marital issues. The counseling shall be completed within six months of the final order granting the divorce. The counseling shall be performed by:
(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; (4) A member of a religious ministry responsible to its established ecclesiastical authority who possesses a masters degree or its equivalent in theological studies; or (5) A person engaged in the practice of a specialty in accordance with Biblical doctrine in a public or nonprofit agency or entity or in private practice.'"

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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 Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day N Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd
Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston
Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford E Maddox Y Mangham
Manning Y Marin Y Martin

Y Maxwell Y May Y McCall
McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mosley Y Mumford
Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 163, nays 1.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

THURSDAY, MARCH 10, 2005

1657

Representative Forster of the 3rd 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 Resolution of the House was read and referred to the Committee on Rules:
HR 493. By Representatives Manning of the 32nd, Teilhet of the 40th, Tumlin of the 38th, Morgan of the 39th, Wix of the 33rd and others:
A RESOLUTION recognizing and commending Dr. Robert A. Lipson and WellStar Health System and inviting Dr. Lipson to appear before the House of Representatives; and for other purposes.
Representative Day of the 163rd 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 House and has instructed me to report the same back to the House with the following recommendation:
HB 267 Do Pass
Respectfully submitted, /s/ Day of the 163rd
Chairman
Representative Keown of the 173rd District, Vice-Chairman of the Committee on Special Rules, submitted the following report:
Mr. Speaker:
Your Committee on Special 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 428 Do Pass
Respectfully submitted, /s/ Keown of the 173rd
Vice-Chairman

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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 221. By Representatives Burmeister of the 119th, Watson of the 91st, Mosby of the 90th, Morgan of the 39th, Ehrhart of the 36th and others:
A BILL to be entitled an Act to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change certain provisions relating to the calculation of child support; to provide guidelines for determining amount of child support to be paid; to provide for factors for apportioning child support obligations; to provide a schedule of basic child support obligation amounts; to change the form of the final judgment in divorce actions to conform such changes in the determination and computation of child support; to remove a certain limitation on petitions to modify alimony and child support; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL
To provide for legislative findings; to amend Titles 5, 7, and 19 of the Official Code of Georgia Annotated, relating respectively to appeal and error, banking and finance, and domestic relations, so as to change provisions relating to the calculation of child support; to provide for direct appeal in certain domestic relations cases; to change the amount of interest on arrearage of child support; to provide guidelines for determining amount of child support to be paid; to provide for factors for apportioning child support obligations; to provide for definitions; to change the form of the final judgment in divorce actions to conform such changes in the determination and computation of child support; to change provisions relating to petitions to modify alimony and child support; to correct crossreferences relating to petitions to modify child support orders; to create the Georgia Child Support Commission; to provide for legislative findings and intent; to provide for composition of the commission and the commissions powers and duties; to provide for compensation of the members of the commission; to provide for officers of the commission; to provide for a quorum for the transaction of business; to provide for reporting; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly finds and declares that it is important to assess periodically child support guidelines and determine whether existing guidelines continue to be viable and

THURSDAY, MARCH 10, 2005

1659

effective or whether they have failed or ceased to accomplish their original policy objectives. The General Assembly further finds that supporting Georgias children is vitally important to the citizens of Georgia. Therefore, the General Assembly has determined that it is in the best interests of the state and its citizenry to undertake an evaluation of the child support guidelines on a continuing basis. The General Assembly declares that it is important that all of Georgias children are provided with adequate financial support whether the childrens parents are living together or not living together. The General Assembly finds that both parents have a continuing obligation with respect to providing financial and emotional stability for their child or children. It is the hope of the members of the General Assembly that all parents work together to advance the best interest of their children.
SECTION 2. Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended by striking subsection (a) of Code Section 5-6-34, relating to judgments and rulings deemed directly appealable, and inserting in its place the following:
"(a) Appeals may be taken to the Supreme Court and the Court of Appeals from the following judgments and rulings of the superior courts, the constitutional city courts, and such other courts or tribunals from which appeals are authorized by the Constitution and laws of this state:
(1) All final judgments, that is to say, where the case is no longer pending in the court below, except as provided in Code Section 5-6-35; (2) All judgments involving applications for discharge in bail trover and contempt cases; (3) All judgments or orders directing that an accounting be had; (4) All judgments or orders granting or refusing applications for receivers or for interlocutory or final injunctions; (5) All judgments or orders granting or refusing applications for attachment against fraudulent debtors; (5.1) Any ruling on a motion which would be dispositive if granted with respect to a defense that the action is barred by Code Section 16-11-184; (6) All judgments or orders granting or refusing to grant mandamus or any other extraordinary remedy, except with respect to temporary restraining orders; (7) All judgments or orders refusing applications for dissolution of corporations created by the superior courts; and (8) All judgments or orders sustaining motions to dismiss a caveat to the probate of a will.; and (9) All final judgments of child support."
SECTION 3. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by striking in its entirety Code Section 7-4-12.1, relating to interest on arrearage of child support, and inserting in lieu thereof the following:

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"7-4-12.1. All awards of child support expressed in monetary amounts shall accrue interest at the rate of 12 7 percent per annum commencing 30 days from the day such award or payment is due. This Code section shall apply to all awards, court orders, decrees, and judgments rendered pursuant to Title 19. It shall not be necessary for the party to whom the child support is due to reduce any such award to judgment in order to recover such interest. The court shall have discretion in applying or waiving past due interest.

SECTION 4. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking subsection (c) of Code Section 19-5-12, relating to form of judgment and decree in divorce actions, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) In any case which involves the determination of child support and only in such cases, the form of the judgment shall also include provisions substantially identical to the following: indicating both parties incomes, the number of children for which support is being provided, the presumptive award calculation, and, if the presumptive award is rebutted, the award amount and the basis for the rebuttal award.
In determining child support, the court finds as follows: The gross income of the father is __________ dollars monthly. The gross income of the mother is __________ dollars monthly. In this case child support is being determined for _________ children.
The applicable percentage of gross income to be considered is:

Number of Children

Percentage Range of Gross Income

1

17 percent to 23 percent

2

23 percent to 28 percent

3

25 percent to 32 percent

4

29 percent to 35 percent

5 or more

31 percent to 37 percent

Thus, ____ percent of __________ (gross income of obligor) equals _________ dollars per month. The court has considered the existence of special circumstances and has found the following special circumstances marked with an 'X' to be present in this case:

_____ 1. Ages of the children.

_____ 2. A childs extraordinary medical costs or needs in addition to accident and sickness insurance, provided that all such costs or needs shall be considered if no insurance is available.

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_____ 3. Educational costs.

_____ 4. Day-care costs.

_____ 5. Shared physical custody arrangements, including extended visitation.

_____ 6. A partys other support obligations to another household.

_____ 7. Income that should be imputed to a party because of suppression of income.

_____ 8. In-kind income for the self-employed, such as reimbursed meals or a company car.

_____ 9. Other support of party is providing or will be providing, such as payment of a mortgage.

_____ 10. A partys own extraordinary needs, such as medical expenses.

_____ 11. Extreme economic circumstances including but not limited to:

_____ (A) Unusually high debt structure; or

_____

(B) Unusually high income of either party or both parties, which shall be construed as individual gross income of over $75,000.00 per annum.

_____ 12. Historical spending in the family for children which varies significantly from the percentage table.

_____ 13. Considerations of the economic cost-of-living factors of the community of each party, as determined by the trier of fact.

_____ 14. In-kind contribution of either parent.

_____ 15. The income of the custodial parent.

_____ 16. The cost of accident and sickness insurance coverage for dependent children included in the order.

_____ 17. Extraordinary travel expenses to exercise visitation or shared physical custody.

_____ 18. Any other factor which the trier of fact deems to be required by the ends of justice, as described below: _________________________________________________________.
Having found that no special circumstances exist, or special circumstances numbered ________ exist (delete the phrase which does not apply), the final award of child support which _______________________ shall pay to _______________________

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for support of the child or children is __________ dollars per week/month other period (delete those which do not apply and insert as necessary) per child, beginning on the ______ day of ______________, ____, and payable thereafter on the ______ day of ______________ until the child becomes 18 years of age, dies, marries, or otherwise becomes emancipated, except that if the child becomes 18 years of age while enrolled in and attending secondary school on a full-time basis, then such support shall continue until the child completes secondary school, provided that such support shall not be required after the child attains 20 years of age. _______________________ is ordered to provide accident and sickness insurance for the child or children for so long as he or she is obligated by this order to provide support (insert name of party or delete this sentence if the order does not include provision for insurance)."
SECTION 5. Said title is further amended by striking Code Section 19-6-15, relating to guidelines for calculating child support, and inserting in lieu thereof a new Code Section 19-6-15 to read as follows:
"19-6-15. (a) As used in this Code section, the term:
(1) 'Adjusted gross income' means the net determination of a parents income, calculated by deducting from that parents gross income any applicable selfemployment taxes being paid by the parent and any preexisting child support order for current child support which is being paid by the parent. (2) 'Adjusted support obligation' means the basic child support obligation from the child support obligation table, adjusted for parenting time, health insurance, and work related child care expenses. (3) 'Basic child support obligation' means the amount of support displayed on the child support obligation table which corresponds to the combined adjusted gross income of both parents and the number of children for whom support is being determined. This amount is rebuttably presumed to be the appropriate amount of basic child support to be provided by both parents in the case immediately under consideration, prior to consideration of any adjustments for parenting time or additional expenses. (4) 'Caretaker' means the person or entity providing care and supervision of a child more than 50 percent of the time. The caretaker may be the childs custodial parent. The caretaker may be a parent of the child or a nonparent relative of the child who voluntarily or otherwise, pursuant to court order or other legal arrangement, is providing care and supervision of the child. A caretaker may also be a private or public agency providing custodial care and supervision for the child through voluntary placement by the childs parent, nonparent relative, or other designated caretaker or by court order or other legal arrangement. (5) 'Child support obligation table' means the chart created by the Georgia Child Support Commission which displays the dollar amount of the basic child support

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obligation corresponding to various levels of combined adjusted gross income of the childrens parents and the number of children for whom a child support order is being established or modified. The table shall be used to calculate the basic child support obligation according to the provisions of this Code section. Deviations from the table shall comply with the requirements of this Code section. (6) 'Combined adjusted gross income' means the amount of adjusted gross income calculated by adding together the adjusted gross incomes of both parents. This amount is then used to determine the basic child support obligation for both parents for the number of children for whom support is being calculated in the case immediately under consideration. (7) 'Credit worksheet' means the worksheet used for listing information regarding a parents preexisting child support order and self-employment tax. (8) 'Custodial parent' means the parent with whom the child or children resides more than 50 percent of the time. The term also means a nonparent caretaker who has been given physical custody of the child or children. If each parent spends exactly 50 percent of the time with the child or children, then the court shall designate the parent with the lesser child support obligation as the custodial parent and the other parent as the noncustodial parent. If a custodial parent has not been designated, the caretaker with whom the child resides more than 50 percent of the time shall be the custodial parent. (9) 'Day' or 'days' means that a child spends more than 12 hours of a calendar day with or under the control of a parent and that parent expends a reasonable amount of resources on the child during such time period, such as the cost of a meal or other costs directly related to the care and supervision of the child. Partial days of parenting time that are not consistent with this definition shall not be considered a 'day' under the child support guidelines. A 'day' under the control of a parent includes a day the child is not in the parents home, but is under the parents control, for example, with the parents permission at camp or with friends. (10) 'Final child support order' means the presumptive child support order adjusted by any deviations ordered by the court. (11) 'Health insurance' means accident, sickness, health, medical, or dental insurance. (12) 'Noncustodial parent' means the parent with whom the child resides less than 50 percent of the time. (13) 'Parenting time adjustment' means an adjustment to the noncustodial parents portion of the basic child support obligation upon the noncustodial parents parenting time with the child. (14) 'Percentage of income' for each parent is obtained by dividing each parents adjusted gross income by the combined total of both parents adjusted gross income. The percentage of income is used to determine each parents pro rata share of the basic child support obligation and each parents share of the amount of additional expense for health insurance and work related child care. The percentage of income is also used to designate the amount of uninsured medical expenses that each parent is financially responsible to pay, absent an order of a court setting a different amount.

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(15) 'Preexisting orders' means: (A) An order in another case that requires a parent to make child support payments for another child or children, which child support the parent is actually paying, as evidenced by documentation including, but not limited to, payment history from a court clerk, Title IV-D agency, as defined in Code Section 19-6-31, the Department of Human Resources computer system, the departments Internet child support payment history, or canceled checks or other written proof of payments paid directly; and (B) That the date of filing of the initial order for each such other case is earlier than the date of filing of the initial order in the case immediately before the court, regardless of the age of any child in any of the cases.
(16) 'Presumptive child support order' means the amount of support to be paid for the child or children derived from the parents proportional share of the basic child support obligation, adjusted for parenting time, plus the parents proportional share of any additional expenses. This amount is rebuttably presumed to be the appropriate child support order. (17) 'Pro rata' means to the proportion of one parents adjusted gross income to both parents combined adjusted gross income, or to the proportion of one parents support obligation to the whole support obligation. A parents pro rata share of income is calculated by combining both parents adjusted gross income and dividing each parents separate adjusted gross income by the combined adjusted gross income. A parents pro rata share of the basic support obligation is calculated by multiplying the basic child support obligation obtained from the child support obligation table by each parents pro rata percentage of the combined adjusted gross income. (18) 'Split parenting' can only occur in a child support case if there are two or more children of the same parents, where one parent is the custodial parent for at least one child of the parents, and the other parent is custodial parent for at least one other child of the parents. In a split parenting case, each parent is the custodial parent of any child spending more than 50 percent of the time with that parent and is the noncustodial parent of any child spending more than 50 percent of the time with the other parent. A split parenting situation will have two custodial parents and two noncustodial parents, but no child will have more than one custodial parent or noncustodial parent. (19) 'Standard parenting' means a child support case in which all of the children supported under the order spend more than 50 percent of the time with the same custodial parent. There is only one custodial parent and one noncustodial parent in a standard parenting case. (20) 'Theoretical support order' means a hypothetical order which allows the court to determine the amount of a child support obligation if an order existed. A theoretical support order is used to determine the amount of credit allowed as a deduction from a parents gross income for a parents qualified other child or children who are not under a preexisting child support order. (21) 'Uninsured health care expenses' means the childs or childrens uninsured medical expenses including, but not limited to, health insurance copayments,

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deductibles, and such other costs as are reasonably necessary for orthodontia, dental treatment, asthma treatments, physical therapy, vision care, and any acute or chronic medical or health problem or mental health illness, including counseling and other medical or mental health expenses, that are not covered by insurance. (22) 'Work related child care costs' means expenses for the care of the child or children for whom support is being determined which are due to employment of either parent. In an appropriate case, the court may consider the child care costs associated with a parents job search or the training or education of a parent necessary to obtain a job or enhance earning potential, not to exceed a reasonable time as determined by the court, if the parent proves by a preponderance of the evidence that the job search, job training, or education will benefit the child or children being supported. The term shall be projected for the next consecutive 12 months and averaged to obtain a monthly amount. (23) 'Worksheet' or 'child support worksheet' means the worksheet used to record information necessary to determine and calculate gross income and child support. (b)(1) The child support guidelines contained in this Code section are a minimum basis for determining child support obligations and shall apply as a rebuttable presumption in all legal proceedings involving the child support obligation of a parent, including, but not limited to, orders entered in criminal and juvenile proceedings, orders entered pursuant to Article 3 of Chapter 11 of this title, the 'Uniform Interstate Family Support Act,' and voluntary support agreements and consent orders approved by the court. The child support guidelines do not apply to orders for prior maintenance for reimbursement of child care costs incurred prior to the date an action for child support is filed or to child support orders entered against stepparents or other persons or agencies secondarily liable for child support. The child support guidelines shall be used when the court enters a temporary or permanent child support order in a contested or noncontested hearing. The rebuttable presumption award provided by these child support guidelines may be increased according to the best interest of the child for whom support is being considered, the circumstances of the parties, the grounds for deviation set forth in subsection (i) of this Code section, and to achieve the state policy of affording to children of unmarried parents, to the extent possible, the same economic standard of living enjoyed by children living in intact families consisting of parents with similar financial means. (2) The provisions of this Code section shall not apply with respect to any divorce case in which there are no minor children, and in a divorce case in which there are no minor children the requirements of this Code section for findings of fact and inclusion of findings in the verdict or decree shall not apply except to the limited extent authorized by subsection (d) of this Code section. In the final verdict judgment or decree in a divorce case in which there are minor children, or in other cases which are governed by the provisions of this Code section, the trier of fact court shall;
(A) Specify specify in what amount and from which party the minor children are entitled to permanent support. The final verdict or decree shall further specify as determined by use of the worksheets;

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(B) Specify as required by Code Section 19-5-12 in what manner, how often, to whom, and until when the support shall be paid;. The final verdict or decree shall further include (C) Include a written finding of the gross income of the father and the mother as determined by the factfinder; (D) Determine whether health insurance for the child or children involved is reasonably available at a reasonable cost to either parent. If the insurance policy is reasonably available at a reasonable cost to the parent, then the court may order that the child or children be covered under such insurance; and (E) Include written findings of fact as to whether one or more of the deviations allowed under this Code section are applicable, and if one or more such deviations are applicable, the written findings of fact shall further set forth:
(i) The reasons the court deviated from the presumptive amount of child support; (ii) The amount of child support that would have been required under the child support guidelines if the presumptive amount had not been rebutted; and (iii) A finding that states how application of the child support guidelines would be unjust or inappropriate in the case immediately under consideration considering the relative ability of each parent to provide support and how the best interests of the child or children who are subject to the support award determination are served by deviation from the presumptive guideline amount. and the presence or absence of special circumstances in accordance with subsection (c) of this Code section. The trier of fact must also determine whether the accident and sickness insurance for the child or the children involved is reasonably available at reasonable costs through employment related or other group health insurance policies to an obligor. For purposes of this Code section, accident and sickness coverage shall be deemed available if the obligor has access to any policy of insurance authorized under Title 33 through an employer or other group health insurance plan. If the accident and sickness insurance is deemed available at reasonable cost, the court shall order the obligor to obtain the coverage; provided, however, if the obligee has accident and sickness insurance for the child or children reasonably available at reasonable costs through employment related or other group health insurance policies, then the court may order that the child or children be covered under such insurance and the obligor contribute as part of the child support order such part of the cost of providing such insurance or such part of any medical expenses incurred on behalf of the child or children not covered by such insurance as the court may deem equitable or appropriate. If currently unavailable or unreasonable in cost, the court shall order the obligor to obtain coverage when it becomes available at a reasonable cost, unless such insurance is provided by the obligee as provided in this subsection. (3) When support is awarded, the party who is required to pay the support shall not be liable to third persons for necessaries furnished to the child or children embraced in the verdict judgment or decree. In any contested case, the parties shall submit to the court their proposed findings regarding the gross income of the father and the mother worksheets and the presence or absence of special circumstances other factors to be

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considered by the court pursuant to the provisions of this Code section. In any case in which child support is the gross incomes of the father and the mother are determined by a jury, the court shall charge the provisions of this Code section applicable to the determination of gross income and the jury shall be required to return a special interrogatory similar to the form of the order contained in Code Section 19-5-12 regarding the gross income of the father and the mother and the presence or absence of special circumstances. Based upon the jurys verdict as to gross income, the court shall determine the child support obligation in accordance with the provisions of this Code section. Furthermore, nothing (4) Nothing contained within this Code section shall prevent the parties from entering into an enforceable agreement to the contrary which may be made the order of the court pursuant to the review by the court of the adequacy of the child support amounts negotiated by the parties, including the provision for medical expenses and health insurance; provided, however, that if the agreement negotiated by the parties does not comply with the provisions contained in this Code section; provided, however, any such agreement of the parties shall include a written statement regarding the gross income of the father and the mother and the presence or absence of special circumstances in accordance with subsection (c) of this Code section and does not contain findings of fact as required to support a deviation, the court shall reject such agreement. To assist in this determination by the court, the parties shall provide all child support worksheets utilized by the parties to determine the child support amounts proposed in the agreement. (b) The child support award shall be computed as provided in this subsection: (1) Computation of child support shall be based upon gross income; (2) For the purpose of determining the obligors child support obligation, gross income shall include 100 percent of wage and salary income and other compensation for personal services, interest, dividends, net rental income, self-employment income, and all other income, except need-based public assistance; (3) The earning capacity of an asset of a party available for child support may be used in determining gross income. The reasonable earning potential of an asset may be determined by multiplying its equity by a reasonable rate of interest. The amount generated by that calculation should be added to the obligors gross monthly income; (4) Allowable expenses deducted to calculate self-employment income that personally benefit the obligor, or economic in-kind benefits received by an employed obligor, may be included in calculating the obligors gross monthly income; and (5) The amount of the obligors child support obligation shall be determined by multiplying the obligors gross income per pay period by a percentage based on the number of children for whom child support is being determined. The applicable percentages of gross income to be considered by the trier of fact are:

Number of Children

Percentage Range of Gross Income

1

17 percent to 23 percent

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2

23 percent to 28 percent

3

25 percent to 32 percent

4

29 percent to 35 percent

5 or more

31 percent to 37 percent

Application of these guidelines shall create a rebuttable presumption that the amount of

the support awarded is the correct amount of support to be awarded. A written finding

or specific finding on the record for the award of child support that the application of

the guidelines would be unjust or inappropriate in a particular case shall be sufficient to rebut the presumption in that case. Findings that rebut said presumption must state the amount of support that would have been required under the guidelines and include justification of why the order varies from the guidelines. (c) In the event of a hearing or trial on the issue of child support, the These guidelines enumerated in this Code section are intended by the General Assembly to be guidelines only and any court so applying these guidelines shall not abrogate its responsibility in making the final determination of child support based on the evidence presented to it at the time of the hearing or trial. (c) The trier of fact shall vary the final award of child support, up or down, from the

range enumerated in paragraph (5) of subsection (b) of this Code section upon a written finding that the presence of one or more of the following special circumstances makes

the presumptive amount of support either excessive or inadequate:

(1) Ages of the children;

(2) A childs extraordinary medical costs or needs in addition to accident and

sickness insurance, provided that all such costs or needs shall be considered if no

insurance is available;

(3) Educational costs;

(4) Day-care costs;

(5) Shared physical custody arrangements, including extended visitation;

(6) A partys other support obligations to another household;

(7) Income that should be imputed to a party because of suppression of income;

(8) In-kind income for the self-employed, such as reimbursed meals or a company

car;

(9) Other support a party is providing or will be providing, such as payment of a

mortgage;

(10) A partys own extraordinary needs, such as medical expenses;

(11) Extreme economic circumstances including but not limited to: (A) Unusually high debt structure; or (B) Unusually high income of either party or both parties, which shall be construed as individual gross income of over $75,000.00 per annum;
(12) Historical spending in the family for children which varies significantly from the percentage table;

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(13) Considerations of the economic cost-of-living factors of the community of each party, as determined by the trier of fact; (14) In-kind contribution of either parent; (15) The income of the custodial parent; (16) The cost of accident and sickness insurance coverage for dependent children included in the order; (17) Extraordinary travel expenses to exercise visitation or shared physical custody; and (18) Any other factor which the trier of fact deems to be required by the ends of justice. (d) The guidelines shall be reviewed by a commission appointed by the Governor to ensure that their application results in the determination of appropriate child support award amounts. The commission will complete its review and submit its report within four years following July 1, 1989, and shall continue such reviews every four years thereafter. Nothing contained in such report shall be considered to authorize or require a change in the guidelines without action by the General Assembly having the force and effect of law. (e) The duty to provide support for a minor child shall continue until the child reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs; provided, however, that, in any temporary or final order for child support with respect to any proceeding for divorce, separate maintenance, legitimacy, or paternity entered on or after July 1, 1992, the trier of fact court, in the exercise of sound discretion, may direct either or both parents to provide financial assistance to a child who has not previously married or become emancipated, who is enrolled in and attending a secondary school, and who has attained the age of majority before completing his or her secondary school education, provided that such financial assistance shall not be required after a child attains 20 years of age. The provisions for support provided in this subsection may be enforced by either parent or the child for whose benefit the support is ordered. (f) The provisions of subsection (e) of this Code section shall be applicable only to a temporary order or final decree for divorce, separate maintenance, legitimation, or paternity entered on or after July 1, 1992, and the same shall be applicable to an action for modification of a decree entered in such an action entered on or after July 1, 1992, only upon a showing of a significant change of material circumstances (e) Gross income.
(1)(A) Gross income of each parent shall be determined in the process of setting the presumptive child support order and shall include all income from any source, before deductions for taxes and other deductions such as preexisting child support orders and credits for other qualified children, whether earned or unearned, and includes, but is not limited to, the following:
(i) Salaries; (ii) Commissions, fees, and tips; (iii) Income from self-employment;

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(iv) Bonuses; (v) Overtime payments; (vi) Severance pay; (vii) Recurring income from pensions or retirement plans including, but not limited to, Veterans Administration, Railroad Retirement Board, Keoughs, and individual retirement accounts; (viii) Interest income; (ix) Dividend income; (x) Trust income; (xi) Income from annuities; (xii) Capital gains; (xiii) Disability or retirement benefits that are received from the Social Security Administration pursuant to Title XI of the federal Social Security Act; (xiv) Workers compensation benefits, whether temporary or permanent; (xv) Unemployment insurance benefits; (xvi) Judgments recovered for personal injuries and awards from other civil actions; (xvii) Gifts that consist of cash or other liquid instruments, or which can be converted to cash; (xviii) Prizes; (xix) Lottery winnings; (xx) Alimony or maintenance received from persons other than parties to the proceeding before the court; and (xxi) Assets which are used for the support of the family. (B) Excluded from gross income are the following: (i) Child support payments received by either parent for the benefit of a child or children of another relationship; and (ii) Benefits received from means-tested public assistance programs such as, but not limited to:
(I) PeachCare for Kids Program, Temporary Assistance for Needy Families, or similar programs in other states or territories under Title IV-A of the federal Social Security Act; (II) Food stamps or the value of food assistance provided by way of electronic benefits transfer procedures by the Department of Human Resources; (III) Supplemental security income received under Title XVI of the federal Social Security Act; (IV) Benefits received under Section 402(d) of the federal Social Security Act for disabled adult children of deceased disabled workers; and (V) Low Income Heating and Energy Assistance Program payments. (2)(A) When establishing an initial order of child support, if a parent fails to produce reliable evidence of income, such as tax returns for prior years, check stubs, or other information for determining current ability to support or ability to support in prior years, and the court has no other reliable evidence of the parents income or

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income potential, gross income for the current year shall be determined by imputing gross income based on a 40 hour workweek at minimum wage. (B) When cases with established orders are reviewed for modification and a parent fails to produce reliable evidence of income, such as tax returns for prior years, check stubs, or other information for determining current ability to support or ability to support in prior years, and the court has no other reliable evidence of that parents income or income potential, the court may enter an order to increase the child support obligation of the parent failing or refusing to produce evidence of income by an increment of at least 10 percent per year of that parents pro rata share of the basic child support obligation for each year since the support order was entered or last modified. (C) In either circumstance in subparagraph (A) or (B) of this paragraph, either parent may later provide within 90 days, upon motion to the court, the reliable evidence necessary to determine the appropriate amount of support based upon reliable evidence. The court may increase or reduce the amount of current support from the date of filing of either parents initial filing or motion to modify child support, but arrearages or retroactive amounts entered in an order based upon imputed income shall not be forgiven. When a parent, whose income has been imputed under subparagraph (A) or (B) of this paragraph, provides reliable evidence to support a modification of the amount of income imputed for that parent, the parent is not required to demonstrate the existence of a significant variance otherwise required for modification of an order pursuant to subsection (l) of this Code section. (3)(A) Income from self-employment includes income from, but not limited to, business operations, work as an independent contractor or consultant, sales of goods or services, and rental properties, less ordinary and reasonable expenses necessary to produce such income. Income from self-employment, rent, royalties, proprietorship of a business, or joint ownership of a partnership, limited liability company, or closely held corporation is defined as gross receipts minus ordinary and necessary expenses required for self-employment or business operations. Ordinary and reasonable expenses of self-employment or business operations necessary to produce income do not include:
(i) Excessive promotional, travel, vehicle, or personal living expenses, depreciation on equipment, or costs of operation of home offices; or (ii) Amounts allowable by the Internal Revenue Service for the accelerated component of depreciation expenses, investment tax credits, or any other business expenses determined by the court to be inappropriate for determining gross income. In general, income and expenses from self-employment or operation of a business should be carefully reviewed by the factfinder and the court to determine an appropriate level of gross income available to the parent to satisfy a child support obligation. Generally, this amount will differ from a determination of business income for tax purposes.

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(B)(i) An additional deduction of 6.2 percent of FICA and 1.45 percent of medicare, or in any amount subsequently set by federal law as FICA and medicare tax, shall be deducted from a parents gross income earned from self-employment, up to the amounts allowed under federal law. (ii) Any self-employment tax paid shall be deducted from gross income as part of the calculation of a parents adjusted gross income. (4)(A) Fringe benefits for inclusion as income or 'in kind' remuneration received by a parent in the course of employment, or operation of a trade or business, shall be counted as income if they significantly reduce personal living expenses. (B) Such fringe benefits might include, but are not limited to, use of a company car, housing, or room and board. (C) Basic allowance for housing, basic allowance for subsistence, and variable housing allowances for members of the armed services are considered income for the purposes of determining child support. (D) Fringe benefits do not include employee benefits that are typically added to the salary, wage, or other compensation that a parent may receive as a standard added benefit, including but not limited to employer paid portions of health insurance premiums or employer contributions to a retirement or pension plan. (5)(A) Benefits received under Title XI of the federal Social Security Act by a child on the obligors account shall be counted as child support payments and shall be applied against the child support obligation ordered to be paid by the obligor for the child. (B) If after calculating the obligors gross income as defined in this subsection, including the countable Social Security benefits in division (1)(A)(xiii) of this subsection, and after calculating the amount of the child support obligation using the child support worksheet, the amount of the child support obligation is greater than the Social Security benefits paid on behalf of the child on the obligors account, the obligor shall be required to pay the amount exceeding the Social Security benefit as part of the child support obligation in the case. (C)(i) If after calculating the obligors gross income as defined in this subsection, including the countable Social Security benefits in division (1)(A)(xiii) of this subsection, and after calculating the amount of the child support obligation using the child support worksheet, the amount of the child support obligation is equal to or less than the Social Security benefits paid to the caretaker on behalf of the child on the obligors account, the child support obligation of that parent is met and no further child support obligation shall be paid. (ii) Any benefit amounts under Title XI of the federal Social Security Act as determined by the Social Security Administration sent to the caretaker by the Social Security Administration for the childs benefit which are greater than the child support obligation ordered by the court shall be retained by the caretaker for the childs benefit and shall not be used as a reason for decreasing the child support order or reducing arrearages.

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(D) The court shall make a written finding of fact in the child support order regarding the use of the Social Security benefits in the calculation of the child support obligation. (6) Variable income such as commissions, bonuses, overtime pay, and dividends shall be averaged by the factfinder over a reasonable period of time consistent with the circumstances of the case and added to a parents fixed salary or wages to determine gross income. When income is received on an irregular, nonrecurring or one-time basis, the court may, but is not required to, average or prorate the income over a reasonable specified period of time or require the parent to pay as a one-time support amount a percentage of his or her nonrecurring income, taking into consideration the percentage of recurring income of that parent. (7)(A) A determination of whether a parent is willfully or voluntarily unemployed or underemployed shall ascertain the reasons for the parents occupational choices and assess the reasonableness of these choices in light of the parents obligation to support his or her child or children and to determine whether such choices benefit the child or children. A determination of willful and voluntary unemployment or underemployment is not limited to occupational choices motivated only by an intent to avoid or reduce the payment of child support. A determination of willful and voluntary unemployment or underemployment can be based on any intentional choice or act that affects a parents income. (B) Factors for the court to consider when determining willful and voluntary unemployment or underemployment include, but are not limited to:
(i) The parents past and present employment; (ii) The parents education and training; (iii) Whether unemployment or underemployment for the purpose of pursuing additional training or education is reasonable in light of the parents obligation to support his or her child or children and, to this end, whether the training or education may ultimately benefit the child or children in the case immediately under consideration by increasing the parents level of support for that child or those children in the future; (iv) A parents ownership of valuable assets and resources, such as an expensive home or automobile, that appear inappropriate or unreasonable for the income claimed by the parent; and (v) The parents role as caretaker of a handicapped or seriously ill child of that parent, or any other handicapped or seriously ill relative for whom that parent has assumed the role of caretaker, which eliminates or substantially reduces the parents ability to work outside the home, and the need of that parent to continue in that role in the future. (C) When considering the income potential of a parent whose work experience is limited due to the caretaker role of that parent, the court shall consider the following factors: (i) Whether the parent acted in the role of full-time caretaker immediately prior to separation by the married parties or prior to the divorce or annulment of the

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marriage or dissolution of another relationship in which the parent was a full-time caretaker; (ii) The length of time the parent staying at home has remained out of the workforce for this purpose; (iii) The parents education, training, and ability to work; and (iv) Whether the parent is caring for a child or children who are four years of age or younger. (D) If the court determines that a parent is willfully and voluntarily unemployed or underemployed, child support shall be calculated based on a determination of potential income, as evidenced by educational level or previous work experience. In the absence of any other reliable evidence, income may be imputed to the parent pursuant to a determination that gross income for the current year is based on a 40 hour workweek at minimum wage. (E) A determination of willful and voluntary unemployment or underemployment shall not be made when an individual is activated from the National Guard or other armed forces unit or enlists or is drafted for full-time service in the armed forces of the United States. (8)(A) An adjustment to the parents gross income shall be made on the child support worksheet for current preexisting orders actually being paid under an order of support for a period of not less than 12 consecutive months immediately prior to the date of the hearing before the court to set, modify, or enforce child support. (B) In calculating the adjustment for preexisting orders, the court shall include only those preexisting orders where the date of entry of the initial support order precedes the date of entry of the initial order in the case immediately under consideration. (C) The priority for preexisting orders is determined by the date of the initial order in each case. Subsequent modifications of the initial support order shall not affect the priority position established by the date of the initial order. (D) Adjustments are allowed for current preexisting support only to the extent that the payments are actually being paid as evidenced by documentation including, but not limited to, payment history from a court clerk, a Title IV-D agency, as defined in Code Section 19-6-31, the Department of Human Resources computer system, the departments Internet child support payment history, or canceled checks or other written proof of payments paid directly. The maximum credit allowed for a preexisting order is an average of the amount of current support actually paid under the preexisting order over the past 12 months prior to the hearing date. (E) All preexisting orders shall be entered on the credit worksheet for the purpose of calculating the total amount of the credit to be included on the child support worksheet, but the preexisting orders shall not be used on the credit worksheet as a deduction against gross income for the purpose of calculating a theoretical child support order. (F) Payments being made by a parent on any arrearages shall not be considered payments on preexisting or subsequent orders and shall not be used as a basis for reducing gross income.

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(9)(A) In addition to the adjustments to gross income for self-employment tax provided in subparagraph (B) of paragraph (3) of this subsection and for preexisting orders provided in paragraph (8) of this subsection, credits for either parents other child or children qualified under this paragraph may be considered by the court for the purpose of reducing the parents gross income or as a reason for deviation. Credits may be considered for a qualified child:
(i) For whom the parent is legally responsible and in whose home that child resides; (ii) The parent is actually supporting; (iii) Who is not subject to a preexisting order for child support; and (iv) Who is not before the court to set, modify, or enforce support in the case immediately under consideration. Stepchildren and other minors in the home that the parent has no legal obligation to support shall not be considered in the calculation of this credit. To consider a parents qualified other child or children for credit, a parent must present documentary evidence of the parent-child relationship to the court. (B) Credits against income pursuant to this paragraph may be considered in such circumstances in which the failure to consider such child or children would cause substantial hardship to the parent. Use of this credit is appropriate when a child support order is entered. Credits may also be appropriate when a child support order is modified to rebut a claim for increased child support brought by the custodial parent. If the court, in its discretion, decides to apply this credit, a parents current financial responsibility for his or her natural or adopted child or children who currently reside with the parent, other than a child or children for whom child support is being determined in the pending action, can be no greater than an amount (i) equal to the basic child support obligation for that child or those children based on the parents income if the other parent of such child or children does not live with the parent and child or children or (ii) one-half of the basic child support obligation for such child or children based on the combined incomes of both of the parents of such child or children if the other parent of such child or children lives with the parent and the child or children. (C) Credits against income for another qualified child or other qualified children shall be calculated and recorded on the credit worksheet and then entered on the child support worksheet for the purpose of reducing the parents gross income on the child support worksheet. However, except for self-employment taxes paid, no other amounts shall be subtracted from the parents gross income on the credit worksheet when calculating a theoretical support order under this paragraph. (10) Actual payments of alimony should not be considered as a deduction from gross income but may be considered as a factor to vary from the final presumptive child support order. If the court considers the actual payment of alimony, the court shall make a written finding of such consideration as a basis for deviation from the final presumptive child support order.

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(11) In multiple family situations, the adjustments to a parents gross income shall be calculated in the following order:
(A) Preexisting orders according to the date of the initial order; and (B) After applying the deductions on the child support worksheet for preexisting orders, if any, in subparagraph (E) of paragraph (8) of this subsection, any credit for a parents qualified other child or children may be considered using the procedure set forth in subparagraph (A) of this paragraph. (f) The basic child support obligation is determined based upon the parents gross income and by using the corresponding child support obligation table as established and maintained by the Georgia Child Support Commission. If the combined monthly adjusted gross income falls between the amounts shown in the table, then the child support obligation shall be based on the income bracket mostly closely matched to the combined monthly adjusted gross income. The number of children column on the table corresponds to children for whom parents share joint legal responsibility and for whom support is being sought. (g)(1) The child support obligation table does not include the cost of the childs work related child care costs or the cost of health insurance premiums or uninsured health expenses. The additional expenses for the childs health insurance premium and work related child care shall be included in the calculations to determine child support. (2)(A) Work related child care expenses necessary for the parents employment, education, or vocational training that are determined by the court to be appropriate, and that are appropriate to the parents financial abilities and to the lifestyle of the child or children if the parents and child or children were living together, shall be averaged for a monthly amount and entered on the child support worksheet in the column of the parent initially paying the expense. Work related child care expenses of a nonparent caretaker shall be considered when determining the amount of this expense. (B) If a child care subsidy is being provided pursuant to a means-tested public assistance program, only the amount of the child care expense actually paid by either parent shall be included in the calculation. (C) If either parent is the provider of child care services to the child or children for whom support is being determined, the value of those services shall not be added to the basic child support obligation when calculating the support award. (D) If child care is provided by a family member, other unpaid person, or provided by a parents employer without charge to the parent, then the value of these services shall not be added to the basic child support obligation. (3)(A) The amount that is, or will be, paid by a parent for health insurance for the child or children for whom support is being determined shall be added to the basic child support obligation and prorated between the parents based upon their respective incomes. Payments made by a parents employer for health insurance and not deducted from the parents wages are not included. When a child or children for whom support is being determined are covered by a family policy, only the health insurance premium actually attributable to that child or those children is added. If

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this amount is not available or cannot be verified, the total cost of the premium shall be divided by the total number of persons covered by the policy and then multiplied by the number of covered children for whom support is being determined. (B) The amount of the cost for the childs or childrens health insurance premium and work related child care expenses shall be determined and added to the basic child support obligation as 'additional expenses' whether paid directly by the parent or through a payroll deduction. (C) The total amount of the cost for the childs or childrens health insurance premium and work related child care shall be divided between the parents pro rata to determine the total presumptive child support order and shall be included in the worksheet and written order of the court together with the amount of the basic child support obligation. (4)(A) If health insurance that provides for the health care needs of the child or children can be obtained by a parent at reasonable cost, then an amount to cover the cost of the premium shall be added to the basic child support obligation. A health insurance premium paid by a nonparent caretaker shall be included when determining the amount of this expense. In determining the amount to be added to the order for this cost, only the amount of the insurance cost attributable to the child or children who are the subject of the support order shall be included. (B) If coverage is applicable to other persons and the amount of the health insurance premium attributable to the child or children who are the subject of the current action for support is not verifiable, the total cost to the parent paying the premium shall be prorated by the number of persons covered so that only the cost attributable to the child or children who are the subject of the order under consideration is included. This amount shall be determined by dividing the total amount of the insurance premium by the number of persons covered by the insurance policy and taking the resulting amount and multiplying it by the number of children covered by the insurance policy. This monthly cost shall be entered on the child support worksheet in the column of the parent paying the premium. (C) Eligibility for or enrollment of the child or children in Medicaid shall not satisfy the requirement that the child support order provide for the childs or childrens health care needs. (h)(1) The court shall determine each parents pro rata share of the additional expenses by multiplying the percentage of income of each parent by the combined total additional expenses. (2)(A) In standard parenting situations, the adjusted support obligation is the parents share of the basic child support obligation plus the parents share of any additional expenses for the childs or childrens health insurance premium and work related child care. (B) In split parenting situations, the adjusted support obligation is each parents basic child support obligation for the child or children in the other parents care plus each parents share of any additional expenses for the child or childrens health insurance premium and work related child care.

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(C) If a parenting time adjustment has been calculated in either a standard or split parenting situation and that parents share of the basic child support obligation is adjusted as specified in paragraph (5) of this subsection, then each parents adjusted support obligation is calculated pursuant to this paragraph. (3)(A) If a parent pays directly or through payroll deduction the childs or childrens health insurance premium, or pays through payroll deduction work related child care costs, the total amount of the expenses paid in this manner shall first be entered on the child support worksheet to be used in calculating total additional expenses and each parents adjusted support obligation. (B) Once the adjusted support obligation has been calculated, the expenses paid by the parent as indicated in subparagraph (A) of this paragraph shall be deducted from the adjusted support obligation of that parent to credit the parent for the payment of these expenses. The amount of the deduction for the health insurance premium or payroll deduction for the work related child care expense shall be included in the child support order to identify the amount and nature of the child support obligation. These expenses shall not be included in the noncustodial parents income deduction order. The order shall require that these expenses continue to be paid in the same manner as they were being paid prior to the instant action. (C) To the extent that work related child care expenses are not included in subsection (g) of this Code section, the expense shall be accounted for in the noncustodial parents income deduction order as part of the child support order. The custodial parent shall pay this expense in full out of his or her income and the child support award. (4)(A) The childs or childrens uninsured health expenses, including, but not limited to, deductibles, copayments, and dental, orthodontic, counseling, psychiatric, vision, hearing, and other medical needs not covered by insurance, shall be the financial responsibility of both parents. The order of the court shall include provisions for payment of the uninsured medical expenses. The parents shall divide these expenses pro rata, unless otherwise specifically ordered by the court. (B) If a parent fails to pay his or her pro rata share of the childs or childrens, uninsured medical expenses, as specified in the child support order, within a reasonable time after receipt of evidence documenting the uninsured portion of the expense, the other parent, the nonparent caretaker, or the state or its Title IV-D agency, as defined in Code Section 19-6-31, may enforce payment of the expense by any means permitted by law. (5) No adjustment to gross income shall be made in the calculation of a child support obligation which seriously impairs the ability of the custodial parent in the case immediately under consideration to maintain minimally adequate housing, food, and clothing for the child or children being supported by the order and to provide other basic necessities, as determined by the court. (i)(1) The amount of child support established by this Code section and the child support obligation table are rebuttable and the court may deviate from the presumptive child support order in compliance with this subsection. In deviating from

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the child support guidelines, primary consideration shall be given to the best interest of the child or children for whom support under the child support guidelines are being determined. (2) When ordering a deviation from the presumptive amount of child support established by the child support guidelines, the courts order shall contain written findings of fact stating:
(A) The reasons for the change or deviation from the presumptive child support order; (B) The amount of child support that would have been required under the child support guidelines if the presumptive child support order had not been rebutted; and (C) How, in its determination,
(i) Application of the child support guidelines would be unjust or inappropriate in the case immediately under consideration; and (ii) The best interests of the child for whom support is being determined will be served by deviation from the presumptive child support order. No deviation in the amount of the child support obligation shall be made which seriously impairs the ability of the custodial parent in the case immediately under consideration to maintain minimally adequate housing, food, and clothing for the child or children being supported by the order and to provide other basic necessities, as determined by the court. (3)(A) For purposes of this paragraph, parents are considered to be high-income parents if their combined adjusted gross income exceeds $20,000.00 per month. (B) For high-income parents, the court shall set the child support obligation at the highest amount allowed by the child support obligation table but may consider upward deviation to attain an appropriate award of child support for high-income parents which is considered in the best interest of the child or children. (4) Deviation from the child support guidelines may be appropriate for reasons in addition to those established under subsection (g) of this Code section when the court finds it is in the best interest of the child, in accordance with the requirements of subsection (e) of this Code section and the following procedures: (A) In making its determination regarding a request for deviation pursuant to this subsection, the court shall consider all available income of the parents and shall make a written finding that an amount of child support other than the amount calculated under the child support guidelines is reasonably necessary to provide for the needs of the child or children for whom support is being determined in the case immediately under consideration. If the circumstances which supported the deviation cease to exist, the child support order may be modified to eliminate the deviation; (B) In cases where the child or children are in the legal custody of the Department of Human Resources, the child protection or foster care agency of another state or territory, or any other child caring entity, public or private, the court may consider a deviation from the presumptive child support order if the deviation will assist in accomplishing a permanency plan or foster care plan for the child or children that

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has a goal of returning the child or children to the parent or parents and the parents need to establish an adequate household or to otherwise adequately prepare herself or himself for the return of the child or children clearly justifies a deviation for this purpose; (C) If parenting time related travel expenses are substantial due to the distance between the parents, the court may order the allocation of such costs by deviation from the basic child support obligation, taking into consideration the circumstances of the respective parties as well as which parent moved and the reason that the move was made; and
(D)(i) The child support obligation table includes average child rearing expenditures for families given the parents monthly combined income and number of children. Extraordinary expenses are in excess of these average amounts and are highly variable among families. For these reasons, extraordinary expenses, other than the health insurance premium and work related child care, shall be considered on a case by case basis in the calculation of support and added to the basic support award as a deviation so that the actual amount of the expense is considered in the calculation of the final child support order for only those families actually incurring the expense.
(ii)(I) Extraordinary educational expenses may be added to the basic child support as a deviation. Extraordinary educational expenses include, but are not limited to, tuition, room and board, lab fees, books, fees, and other reasonable and necessary expenses associated with special needs education or private elementary and secondary schooling that are appropriate to the parents financial abilities and to the lifestyle of the child or children if the parents and child or children were living together. (II) In determining the amount of deviation for extraordinary educational expenses, scholarships, grants, stipends, and other cost reducing programs received by or on behalf of the child or children shall be considered. (III) If a deviation is allowed for extraordinary educational expenses, a monthly average of these expenses shall be based on evidence of prior or anticipated expenses and entered on the child support worksheet in the deviation section. (iii)(I) Special expenses incurred for child rearing, including but not limited to expense variations related to the food, clothing, and hygiene costs of children at different age levels, which can be quantified may be added to the child support obligation as a deviation from the presumptive child support order. Such expenses include, but are not limited to, summer camp, music or art lessons, travel, school sponsored extra curricular activities, such as band, clubs, and athletics, and other activities intended to enhance the athletic, social, or cultural development of a child but are not otherwise required to be used in calculating the child support order as are health insurance premiums and work related child care costs. (II) A portion of the basic child support obligation is intended to cover average amounts of special expenses incurred in the rearing of a child. When special

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expenses exceed 7 percent of the monthly basic child support obligation, then the court shall consider additional amounts of support as a deviation to cover the full amount of these special expenses. (iv) In instances of extreme economic hardship, such as in cases involving extraordinary medical needs not covered by insurance or other extraordinary special needs for the child or children of a parents current family, deviation from the child support guidelines may be considered. In such cases, the court shall consider the resources available for meeting such needs, including those available from agencies and other adults. (5)(A) For purposes of this paragraph, a parent is considered to be a low-income person if his or her annual gross income is at or below the federal poverty level for a single person. (B) The court may consider the low income of the custodial parent or the noncustodial parent as a basis for deviation from the guideline amounts. (C) The court shall consider all nonexempt sources of income available to each party and all expenses actually paid by each party. (D) The party seeking a low-income deviation shall present to the court documentation of all his or her income and expenses or provide sworn statements of all his or her income and expenses in support of the requested deviation. (E) The court shall make a written finding in its order that the deviation from the child support guidelines based upon the low income and reasonable expenses of a party are clearly justified and shall make the necessary written findings pursuant to this paragraph. (F) The court may deviate from the lowest amount of child support provided for in the basic child support guideline table and shall make the necessary written findings if it chooses to deviate. (j)(1) The child support guidelines presume that when parents live separately, the child or children will typically reside primarily with the custodial parent and stay overnight with the noncustodial parent a minimum of every other weekend from Friday to Sunday, two weeks in the summer, and two weeks during holidays throughout the year, for a total of 80 days per year. The child support guidelines also recognize that some families may have different parenting situations and thus allow for an adjustment in the noncustodial parents child support obligation, as appropriate, in compliance with the criteria specified in this subsection. The calculations made for each parenting situation shall be based on specific factual information regarding the amount of time each parent has with the child. (2)(A) If the noncustodial parent spends 100 or more days per calendar year with a child or children, an assumption is made that the noncustodial parent is making greater expenditures on the child or children due to the duplication of some child rearing expenditures between the two households, for example, housing or food, and a reduction to the noncustodial parents child support obligation may be made to account for these expenses.

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(B) The noncustodial parents child support obligation may be reduced for the days of additional parenting time based upon the following schedule:

Number of Days

Percent Reduction in Support

100 -136 days

10 percent

137 -151 days

20 percent

152 -166 days

30 percent

167 -181 days

40 percent

182 or more days

50 percent

(C) The presumption that more parenting time by the noncustodial parent shall

result in a reduction to the noncustodial parents support obligation may be rebutted

by evidence.

(D) If there is more than one child in the case with whom the noncustodial parent

spends 100 days or more per year, and the noncustodial parent is spending different

amounts of time with each child, then the time the noncustodial parent spends with each child shall be averaged to determine the parenting time adjustment. (3)(A) If the noncustodial parent spends 60 or fewer days per calendar year with a child or children, an assumption is made that the custodial parent is making greater expenditures on the child or children for items such as food and baby-sitting associated with the increased parenting time by the custodial parent, and an increase in the noncustodial parents child support obligation may be made. (B) The noncustodial parents child support obligation may be increased for the reduction in days of the noncustodial parents parenting time based upon the following schedule:

Number of Days

Percent Increase in Support

60-39 days

10 percent

38-24 days

20 percent

23-9 days

30 percent

8-0 days

35 percent

(C) The presumption that less parenting time by the noncustodial parent shall

result in an increase to the noncustodial parents support obligation may be

rebutted by evidence.

(D) If there is more than one child in the case with whom the noncustodial parent

spends 60 or fewer days per year, and the noncustodial parent is spending different

amounts of time with each child, then the time the noncustodial parent spends with

each child is averaged to determine the parenting time adjustment.

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(4) If there are additional children for whom support is being calculated with whom the noncustodial parent spends more than 60 days but less than 100 days per calendar year, the days with these children are not included in the calculation for the parenting time adjustment. (5) If a child support obligation is being calculated for multiple children, and the noncustodial parent spends 100 days or more per year with at least one child and 60 or fewer days with at least one child, then the percentage increase is offset against the percentage decrease and the resulting percentage is applied to the child support obligation. (k) In the event a parent suffers an involuntary termination of employment, has an extended involuntary loss of average weekly hours, is involved in an organized strike, incurs a loss of health, or similar involuntary adversity resulting in a loss of income of 25 percent or more, then the portion of child support attributable to lost income shall not accrue from the date of the filing of the petition for modification, provided that service is made on the other parent. (l)(1) The adoption of these child support guidelines constitutes a significant material change in the establishment and calculation of child support orders. In any proceeding to modify an existing order, an increase or decrease of 15 percent or more between the amount of the existing order and the amount of child support resulting from the application of these child support guidelines shall be presumed to constitute a substantial change of circumstances as may warrant a modification based upon the courts considerations of the parents financial circumstances and the needs of the children. This differential shall be calculated by applying 15 percent to the existing award. If there is a material change in the fathers income, the mothers income, the needs of the child or children, or the needs of either parent, either parent shall have the right to petition for modification of the child support award regardless of the length of time since the establishment or most recent modification of the child support award. If there is a difference of 30 percent or more between a new award and a prior award, the court may, at its discretion, phase in the new child support award over a period of up to one year with the phasing in being largely evenly distributed with at least an initial immediate adjustment of not less than 25 percent of the difference and at least one intermediate adjustment prior to the final adjustment at the end of the phase-in period. (2) In proceedings for the modification of a child support award pursuant to the provisions of this Code section, the court may award attorneys fees, costs, and expenses of litigation to the prevailing party as the interests of justice may require. (3) No petition to modify child support may be filed by either parent within a period of two years from the date of the final order on a previous petition by the same parent except where the child support obligation table created by the Georgia Child Support Commission creates a difference of 15 percent or more between a new award and a prior award. (m) For split custody situations, a worksheet shall be prepared separately for the child or children for whom the father is custodial parent and for the child or children for

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whom the mother is the custodial parent; and that worksheet shall be entered into the record. For each of these two custodial situations, the court shall enter which parent is the obligor, the presumptive award, and the actual award, if different from the presumptive award; how and when the net cash support owed shall be paid; and any other child support responsibilities for each of the parents. (n) The child support obligation table shall be proposed by the Georgia Child Support Commission and set as determined by joint resolution of the General Assembly."
SECTION 6. Said title is further amended by striking Code Section 19-6-19, relating to revision of judgment for permanent alimony or child support generally, and inserting in lieu thereof the following:
"19-6-19. (a) The judgment of a court providing permanent alimony for the support of a spouse rendered on or after July 1, 1977, shall be subject to revision upon petition filed by either former spouse showing a change in the income and financial status of either former spouse. The judgment of a court providing permanent alimony for the support of a child or children rendered on or after July 1, 1977, shall be subject to revision upon petition filed by either former spouse showing a change in the income and financial status of either former spouse or in the needs of the child or children. In either case a A petition shall be filed and returnable under the same rules of procedure applicable to divorce proceedings. No petition may be filed by either former spouse under this subsection within a period of two years from the date of the final order on a previous petition by the same former spouse. After hearing both parties and the evidence, the jury, or the judge where a jury is not demanded by either party, may modify and revise the previous judgment, in accordance with the changed income and financial status of either former spouse in the case of permanent alimony for the support of a former spouse, or in accordance with the changed income and financial status of either former spouse or in the needs of the child or children in the case of permanent alimony for the support of a child or children, if such a change in the income and financial status is satisfactorily proved so as to warrant the modification and revision. In the hearing upon a petition filed as provided in this subsection, testimony may be given and evidence introduced relative to the income and financial status of either former spouse. (b) Subsequent to a final judgment of divorce awarding periodic payment of alimony for the support of a spouse, the voluntary cohabitation of such former spouse with a third party in a meretricious relationship shall also be grounds to modify provisions made for periodic payments of permanent alimony for the support of the former spouse. As used in this subsection, the word 'cohabitation' means dwelling together continuously and openly in a meretricious relationship with another person, regardless of the sex of the other person. In the event the petitioner does not prevail in the petition for modification on the ground set forth in this subsection, the petitioner shall be liable for reasonable attorneys fees incurred by the respondent for the defense of the action.

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(c) When an action for revision of a judgment for permanent alimony under this Code section is pending, the court in its discretion may allow, upon motion, the temporary modification of such a judgment, pending the final trial on the petition. In considering an application for temporary modification under this subsection, the court shall consider evidence of any changed circumstances of the parties and the reasonable probability of the petitioner obtaining revision upon final trial. The order granting temporary modification shall be subject to revision by the court at any time before final trial. (d) In proceedings for the modification of alimony for the support of a spouse or child pursuant to the provisions of this Code section, the court may award attorneys fees, costs, and expenses of litigation to the prevailing party as the interests of justice may require."
SECTION 7. Said title is further amended by striking Code Section 19-6-20, relating to revision of judgment for permanent alimony or child support generally, merits not an issue, and inserting in lieu thereof the following:
"19-6-20. In the trial on a petition authorized in subsection (a) of Code Section 19-6-19, the merits of whether a party, a child or children, or both, are is entitled to alimony and support are not an issue. The only issue is whether there has been such a substantial change in the income and financial status of either former spouse or in the needs of the child or children, in cases of permanent alimony for the support of a child or children, or in the income and financial status of either former spouse, in cases of permanent alimony for the support of a former spouse, as to warrant either a downward or upward revision or modification of the permanent alimony judgment."
SECTION 8. Said title is further amended by striking Code Section 19-6-21, relating to revision of judgment for permanent alimony or child support not available in case of lump sum award, and inserting in lieu thereof the following:
"19-6-21. A petition authorized in subsection (a) of Code Section 19-6-19 can be filed only where a party has been ordered by the final judgment in an alimony or divorce and alimony action to pay permanent alimony in weekly, monthly, annual, or similar periodic payments and not where the former spouse of such party, the child or children, or both, have has been given an award from the corpus of the partys estate in lieu of such periodic payment."
SECTION 9. Said title is further amended by striking Code Section 19-6-22, relating to revision of judgment for permanent alimony or child support, expenses for defense of litigation, and inserting in lieu thereof the following:
"19-6-22.

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Where a petition authorized by subsection (a) of Code Section 19-6-19 is filed by a party obligated to pay alimony, the court may require the party to pay the reasonable expenses of litigation as may be incurred by the partys former spouse, either on behalf of the former spouse, or the child or children, or both, in defense thereof."
SECTION 10. Said title is further amended by striking Code Section 19-6-24, relating to applicability of Code Section 19-6-18 or Code Sections 19-6-19 through 19-6-22 to judgments prior to March 9, 1955, and inserting in lieu thereof the following:
"19-6-24. Code Section 19-6-18 or Code Sections 19-6-19 through 19-6-22, as applicable, shall apply to all judgments for permanent alimony for the support of a wife, a child or children, or both, rendered prior to March 9, 1955, where all the following conditions are met:
(1) Both parties to the case in which the judgment for permanent alimony was rendered consent in writing to the revision, amendment, alteration, settlement, satisfaction, or release thereof; (2) There are no minor children involved or, if there were minor children at the time the original judgment was rendered, the children are all of age at the time the application is filed; (3) The judge of the court wherein the original judgment for permanent alimony was rendered approves the revision, amendment, alteration, settlement, satisfaction, or release; and (4) The consent of the parties, together with the courts approval, is filed with the clerk of the court wherein the original judgment for permanent alimony was rendered."
SECTION 11. Said chapter is further amended by designating the existing matter as Article 1 and adding a new Article 2 to the end of the chapter to read as follows:
"ARTICLE 2
19-6-50. There is created the Georgia Child Support Commission for the purpose of studying and collecting information and data relating to awards of child support and to create and revise the child support obligation table. The commission shall be responsible for conducting a comprehensive review of the child support guidelines, economic conditions, and all matters relevant to maintaining effective and efficient child support guidelines and modifying child support orders that will serve the best interest of Georgias children and take into account the changing dynamics of family life. Further, the commission shall determine whether adjustments are needed to the child support obligation table taking into consideration the guidelines set forth in Code Section 19-6-

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53. Nothing contained in the commissions report shall be considered to authorize or require a change in the child support obligation table without action by the General Assembly.
19-6-51. (a) The Georgia Child Support Commission shall be composed of 15 members. The Governor shall appoint all of the members as follows:
(1) Three members who shall be judges in a superior court; (2) One member who shall be a Justice of the Supreme Court of Georgia or a Judge of the Georgia Court of Appeals or the justices or judges designee; (3) Two members of the House of Representatives and two members of the Senate; and (4) Seven other members. Each member of the commission shall be appointed to serve for a term of four years or until his or her successor is duly appointed except the members of the General Assembly, who shall serve until completion of their current terms of office. The initial members of the commission appointed pursuant to paragraph (1) of this subsection shall serve for terms of three years. The initial member of the commission appointed pursuant to paragraph (2) of this subsection shall serve for a term of four years. The initial members of the commission appointed pursuant to paragraph (4) of this subsection shall serve for terms of two years. The initial members of the commission shall be appointed within 30 days of the effective date of this Act, and shall serve until their terms expire. The succeeding members of the commission shall begin their terms of office on July 1 of the year in which appointed. A member may be appointed to succeed himself or herself on the commission. If a member of the commission is an elected official, he or she shall be removed from the commission if he or she no longer serves as an elected official. (b) The Governor shall designate the chairperson of the commission. The commission may elect other officers as deemed necessary. The chairperson of the commission may designate and appoint committees from among the membership of the commission as well as appoint other persons to perform such functions as he or she may determine to be necessary as relevant to and consistent with this article. The chairperson shall only vote to break a tie. (c) The commission shall be attached for administrative purposes only to the Department of Human Resources. The Department of Human Resources shall provide staff support for the commission. The Department of Human Resources shall use any funds specifically appropriated to it to support the work of the commission.
19-6-52. (a) The commission shall hold meetings at the call of the chairperson or as called by the Governor. Meetings shall be open to the public. (b) A quorum for transacting business shall be a majority of the members of the commission.

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(c) Any legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 as well as the mileage or transportation allowance authorized for state employees. Members of the commission who are state officials, other than legislative members, or state employees shall receive no compensation for their services on the commission, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the commission in the same manner as they are reimbursed for expenses in their capacities as state officials or state employees. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this article shall come from funds appropriated to the House of Representatives and the Senate.
19-6-53. (a) The commission shall have the following duties:
(1) To study and evaluate the effectiveness and efficiency of Georgias child support guidelines; (2) To evaluate and consider the experiences and results in other states which utilize child support guidelines;
(3)(A) To create and recommend to the General Assembly a child support obligation table consistent with Code Section 19-6-15. Prior to January 1, 2006, the commission shall produce the child support obligation table and provide an explanation of the underlying data and assumptions to the General Assembly by delivering copies to the President Pro Tempore of the Senate and the Speaker of the House of Representatives.
(B)(i) The child support obligation table shall include deductions from a parents gross income for the employees share of the contributions for the first 6.2 percent in Federal Insurance Contributions Act (FICA) and 1.45 percent in medicare taxes. (ii) FICA tax withholding for high-income persons may vary during the year. Six and two-tenths percent is withheld on the first $90,000.00 of gross earnings. After the maximum $5,580.00 is withheld, no additional FICA taxes shall be withheld. (iii) Self-employed persons are required by law to pay the full FICA tax of 12.4 percent up to the $90,000.00 gross earnings limit and the full medicare tax rate of 2.9 percent on all earned income. (iv) The percentages and dollar amounts established or referenced in this subparagraph with respect to the payment of self-employment taxes shall be adjusted by the commission, as necessary, as relevant changes occur in the federal tax laws. (C) After reviewing the commissions report, the General Assembly shall consider and approve by joint resolution the initial child support obligation table before the

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table shall become effective and shall authorize by joint resolution all subsequent child support obligation tables; (4) To determine periodically, and at least every two years, if the child support obligation table results in appropriate presumptive awards; (5) To identify and recommend whether and when the child support obligation table or child support guidelines should be modified; (6) To develop and publish the child support obligation table and worksheets associated with the use of such table; (7) To develop or cause to be developed software and a calculator associated with the use of the child support obligation table and child support guidelines; (8) To develop training manuals and information to educate judges, attorneys, and litigants on the use of the child support obligation table and child support guidelines; (9) To collaborate with the Institute for Continuing Judicial Education, the Institute of Continuing Legal Education, and other agencies for the purpose of training persons who will be utilizing the child support table and child support guidelines; and (10) To make recommendations for proposed legislation. (b) The commission shall have the following powers: (1) To evaluate the child support guidelines in Georgia and any other program or matter relative to child support in Georgia; (2) To request and receive data from and review the records of appropriate agencies to the greatest extent allowed by state and federal law; (3) To accept public or private grants, devises, and bequests; (4) To enter into all contracts or agreements necessary or incidental to the performance of its duties; (5) To establish rules and procedures for conducting the business of the commission; and (6) To conduct studies, hold public meetings, collect data, or take any other action the commission deems necessary to fulfill its responsibilities. (c) The commission shall be authorized to retain the services of auditors, attorneys, financial consultants, child care experts, economists, and other individuals or firms as determined appropriate by the commission."
SECTION 12. Said title is further amended by striking in its entirety Code Section 19-7-2, relating to parents obligations to child, and inserting in lieu thereof the following:
"19-7-2. It is the joint and several duty of each parent to provide for the maintenance, protection, and education of his or her child until the child reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs, except as otherwise authorized and ordered pursuant to subsection (e) (d) of Code Section 19-6-15 and except to the extent that the duty of the parents is otherwise or further defined by court order."

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SECTION 13. Section 11 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, and the remaining sections of this Act shall become effective on March 1, 2006.

SECTION 14. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Watson of the 91st et al. move to amend the Committee substitute to HB 221 by striking "100" and inserting in its place "121" on line 33 of page 26 and lines 6 and 15 of page 27.

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

Y Abdul-Salaam N Amerson
Anderson Y Ashe N Barnard E Barnes N Bearden Y Beasley-Teague Y Benfield N Benton Y Black Y Bordeaux Y Borders N Bridges Y Brooks N Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G N Burkhalter N Burmeister N Burns N Butler N Byrd N Carter
Casas Y Chambers N Channell N Cheokas N Coan N Cole N Coleman, B Y Coleman, T

N Crawford N Cummings N Davis N Day N Dean N Dickson E Dodson N Dollar
Drenner Y Dukes N Ehrhart N England Y Epps N Fleming Y Floyd, H N Floyd, J Y Fludd N Forster N Franklin N Freeman Y Gardner N Geisinger N Golick N Graves, D N Graves, T N Greene N Hanner N Harbin N Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree Y Henson

Y Holmes N Holt N Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson N Jenkins E Jennings Y Johnson
Jones, J Y Jones, S Y Jordan N Keen N Keown Y Kidd N Knight N Knox N Lakly N Lane, B N Lane, R N Lewis N Lindsey N Lord
Loudermilk E Lucas N Lunsford N Maddox Y Mangham Y Manning

N Maxwell N May N McCall Y McClinton N Meadows Y Millar Y Miller N Mills Y Mitchell Y Morgan
Morris Y Mosby N Mosley N Mumford N Murphy, J Y Murphy, Q N Neal Y Oliver N O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter
Powell N Ralston Y Randall N Ray Y Reece, B N Reece, S N Reese N Rice N Roberts N Rogers

Y Sailor N Scheid N Scott, A N Scott, M N Setzler N Shaw N Sheldon Y Sims, C Y Sims, F Y Sinkfield N Smith, B N Smith, L N Smith, P Y Smith, R N Smith, T N Smith, V Y Smyre Y Stanley-Turner N Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin N Walker Y Warren Y Watson N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R N Wix

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N Cooper N Cox

N Hill, C N Hill, C.A

Y Marin N Martin

N Royal N Rynders

N Yates Richardson,
Speaker

On the adoption of the amendment, the ayes were 64, nays 100.

The amendment was lost.

Representative Loudermilk of the 14th 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.

The following amendment was read:

Representative Oliver of the 83rd et al. move to amend the Committee substitute to HB 221 as follows:

Strike on page 35 line 33 "March 1, 2006" and insert "July 1, 2006"

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

Y Abdul-Salaam N Amerson Y Anderson Y Ashe N Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton N Black Y Bordeaux N Borders N Bridges Y Brooks N Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G N Burkhalter N Burmeister N Burns N Butler N Byrd N Carter Y Casas Y Chambers

N Crawford Y Cummings N Davis Y Day Y Dean N Dickson E Dodson Y Dollar
Drenner Y Dukes N Ehrhart N England Y Epps N Fleming Y Floyd, H N Floyd, J Y Fludd N Forster N Franklin N Freeman Y Gardner N Geisinger N Golick N Graves, D N Graves, T N Greene Y Hanner N Harbin

Y Holmes N Holt N Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson N Jenkins E Jennings Y Johnson N Jones, J Y Jones, S Y Jordan N Keen N Keown Y Kidd N Knight N Knox N Lakly N Lane, B N Lane, R N Lewis N Lindsey Y Lord

N Maxwell N May N McCall Y McClinton N Meadows Y Millar Y Miller N Mills Y Mitchell Y Morgan Y Morris Y Mosby N Mosley N Mumford N Murphy, J Y Murphy, Q N Neal Y Oliver N O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter
Powell Y Ralston Y Randall N Ray

Y Sailor N Scheid N Scott, A N Scott, M N Setzler Y Shaw N Sheldon Y Sims, C Y Sims, F Y Sinkfield N Smith, B N Smith, L N Smith, P N Smith, R N Smith, T N Smith, V Y Smyre Y Stanley-Turner N Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin N Walker Y Warren Y Watson

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Y Channell N Cheokas N Coan N Cole Y Coleman, B Y Coleman, T Y Cooper N Cox

N Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree Y Henson N Hill, C N Hill, C.A

N Loudermilk E Lucas N Lunsford N Maddox Y Mangham Y Manning Y Marin N Martin

Y Reece, B N Reece, S N Reese N Rice N Roberts N Rogers N Royal N Rynders

N Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Richardson, Speaker

On the adoption of the amendment, the ayes were 79, nays 90.

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:

N Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard E Barnes N Bearden N Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges N Brooks Y Brown Y Bruce E Bryant N Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers N Channell Y Cheokas

Y Crawford Y Cummings Y Davis Y Day N Dean Y Dickson E Dodson Y Dollar
Drenner Y Dukes Y Ehrhart N England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene N Hanner Y Harbin Y Hatfield N Heard, J

N Holmes Y Holt Y Horne N Houston Y Howard E Hudson Y Hugley Y Jackson N Jacobs Y James N Jamieson N Jenkins E Jennings Y Johnson Y Jones, J N Jones, S Y Jordan Y Keen Y Keown N Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas

Y May Y McCall N McClinton Y Meadows Y Millar N Miller Y Mills N Mitchell Y Morgan N Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal N Oliver Y O'Neal N Orrock E Parham E Parrish Y Parsons Y Porter N Powell N Ralston N Randall Y Ray N Reece, B N Reece, S Y Reese

Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon N Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P N Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard N Williams, A

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Y Coan Y Cole Y Coleman, B N Coleman, T Y Cooper Y Cox

Y Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A

Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Maxwell

Y Rice Y Roberts N Rogers Y Royal Y Rynders Y Sailor

N Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 127, nays 43.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

I have voted for HB 221 even though I have serious reservations about it. I particularly do not like that much has been left to a commission to determine how much child support is to be paid. On the other hand, I have serious concerns about the present law, particularly with regards to it's not taking into account the income of both parents.

Tom Bordeaux of the 162nd

HB 5.

By Representatives Borders of the 175th, Williams of the 4th, Fludd of the 66th, Brown of the 69th, Black of the 174th and others:

A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from 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; 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 Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes
Ehrhart Y England

N Holmes Y Holt Y Horne Y Houston
Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins

Y Maxwell Y May Y McCall
McClinton Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby

Y Sailor Scheid
Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L

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Y Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown
Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal N Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 163, nays 2.

The Bill, having received the requisite constitutional majority, was passed.

Representatives Kidd of the 115th, McClinton of the 84th, and Meadows of the 5th 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 608. By Representatives Reece of the 27th and Cooper of the 41st:

A BILL to be entitled an Act to amend Code Section 43-34-27 of the Official Code of Georgia Annotated, relating to license requirements for persons engaged in the practice of medicine, so as to change certain provisions relating to licensure to practice medicine by a person who graduated from a medical or osteopathic college which is not approved by the Composite State Board of Medical Examiners; 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 43-34-27 of the Official Code of Georgia Annotated, relating to

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license requirements for persons engaged in the practice of medicine, so as to change certain provisions relating to licensure to practice medicine by a person who graduated from a medical or osteopathic college which is not approved by the Composite State Board of Medical Examiners; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 43-34-27 of the Official Code of Georgia Annotated, relating to license requirements for persons engaged in the practice of medicine, is amended by striking paragraph (2) of subsection (a) and inserting in its place the following:
"(2) Graduates of board approved medical or osteopathic colleges and persons who are graduated on or before July 1, 1985, from medical or osteopathic colleges which are not approved by the board must complete one year of a board approved internship or residency training program to be eligible to stand any regular examination given by the board for a license to practice medicine in this state. Persons who are graduated after July 1, 1985, from medical or osteopathic colleges which are not approved by the board must complete three years of internship, residency, fellowship, or other postgraduate medical training that is approved by the Accreditation Council for Graduate Medical Education (ACGME), the American Osteopathic Association (AOA), or the board to be eligible a board approved internship or residency training program to be eligible to stand any regular examination given by the board for a license to practice medicine in this state. Current certification of any applicant by a member board of the American Board of Medical Specialties may be considered by the board as evidence that such applicants postgraduate medical training has satisfied the requirements of this paragraph. However, before any such person shall be eligible to receive a license to practice medicine in this state, he or she shall furnish the board with satisfactory evidence of attainments and qualifications under this Code section and the rules and regulations of the board. Nothing contained in this Code section shall be construed so as to require a person who has previously passed an examination given by the board for a license to practice medicine in this state to stand another examination."
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:

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JOURNAL OF THE HOUSE

Y Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes
Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger
Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston
Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall Y McClinton
Meadows Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M
Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, R Y Wix Y Yates
Richardson, 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 Meadows of the 5th 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.

HR 240. By Representatives Graves of the 137th, Coan of the 101st, Keen of the 179th, Smith of the 129th, Barnes of the 78th and others:

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A RESOLUTION designating April 29th of each year as "Dale Earnhardt Day in Georgia"; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Designating April 29th of each year as "Dale Earnhardt Day in Georgia"; and for other purposes.
WHEREAS, the mere mention of the name Dale Earnhardt provokes emotions of respect and idolization and a sense of awe in race fans and people around the world; and
WHEREAS, his daring and calculated moves on the track that brought fear and respect from his fellow drivers were often matched by his advice and extensions of friendship to them off the track; and
WHEREAS, he may have been known as "The Intimidator," but his heart and giving ways were bigger than any track he raced; and
WHEREAS, many of those giving and charitable ways often went without fanfare or public accolades; and
WHEREAS, as busy as he was, he never forgot his humble beginnings and knew the value of taking time to remember those in need; and
WHEREAS, his skill and determination on the track is amply evidenced by his unprecedented record of nine victories at Atlanta Motor Speedway; and
WHEREAS, Dale Earnhardt was a respected racecar driver and a winning team owner and was loved as a husband, father, grandfather, boss, and most importantly, a person; and
WHEREAS, when the black #3 Chevrolet took to the track, fans stood, cheered, and watched his every move; and
WHEREAS, he is still admired, still respected, and will never be forgotten.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that April 29th of each year is designated as "Dale Earnhardt Day in Georgia."

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JOURNAL OF THE HOUSE

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:

Abdul-Salaam N Amerson
Anderson Y Ashe Y Barnard E Barnes
Bearden Y Beasley-Teague Y Benfield N Benton Y Black
Bordeaux Y Borders N Bridges Y Brooks Y Brown
Bruce E Bryant Y Buckner, D Y Buckner, G
Burkhalter Y Burmeister N Burns N Butler N Byrd Y Carter N Casas
Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Cooper Y Cox

Y Crawford Y Cummings Y Davis N Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes
Ehrhart Y England Y Epps Y Fleming N Floyd, H Y Floyd, J N Fludd N Forster
Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner
Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree
Henson N Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston
Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings N Johnson
Jones, J Y Jones, S Y Jordan Y Keen N Keown Y Kidd N Knight
Knox Lakly Lane, B Y Lane, R Y Lewis Y Lindsey N Lord Y Loudermilk E Lucas N Lunsford N Maddox Mangham Manning Y Marin Y Martin

N Maxwell Y May Y McCall N McClinton N Meadows
Millar Y Miller Y Mills
Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford
Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell
Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M N Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens N Stephenson Y Talton Y Teilhet Y Thomas, A.M N Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard
Williams, A N Williams, E Y Williams, R Y Wix N Yates
Richardson, Speaker

On the adoption of the Resolution, by substitute, the ayes were 116, nays 28.

The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

HB 307. By Representatives Rogers of the 26th and Ralston of the 7th:

THURSDAY, MARCH 10, 2005

1699

A BILL to be entitled an Act to amend Code Section 8-2-40 of the Official Code of Georgia Annotated, relating to the effect of a claimants acceptance of a settlement in relation to a construction defect claim, so as to provide that a contractors fulfillment of an offer for settlement or repair does not create insurance coverage or affect the parties rights under a contractors liability policy; 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 Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard E Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G
Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes
Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner
Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston
Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings
Johnson Jones, J Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May
McCall Y McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris
Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw
Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

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On the passage of the Bill, the ayes were 153, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 428. By Representatives Keen of the 179th, Ralston of the 7th and Rogers of the 26th:

A BILL to be entitled an Act to amend Chapter 7 of Title 33 of the Official Code of Georgia Annotated, relating to kinds of insurance, limits of risks, and reinsurance, so as to provide an exception to the category of property insurance for warranty service agreements for major appliances, utility systems, and roofing; to provide for surety bonds; to provide for identification of an insurer or surety insurer; to provide for cancellation; to require warranty agreements that are not insurance to so state; 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 Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G
Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes
Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield

Y Holmes Y Holt Y Horne Y Houston
Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings
Johnson Y Jones, J
Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk

Y Maxwell Y May Y McCall
McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal
Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B

Y Sailor Y Scheid Y Scott, A Y Scott, M
Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson

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Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Heard, J Y Heard, K Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A

E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 160, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

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

HR 495. By Representatives Kidd of the 115th, Heard of the 114th, Reece of the 11th, Ashe of the 56th, Smith of the 113th and others:

A RESOLUTION recognizing and commending Dr. Louise McBee and inviting her 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 36. By Representatives Willard of the 49th, Geisinger of the 48th and Wilkinson of the 52nd:

A BILL to be entitled an Act to revise provisions of law relating to creation of new municipal corporations; to amend Chapter 31 of Title 36 of the O.C.G.A., relating to incorporation of municipal corporations, so as to eliminate certain minimum distance requirements; to provide that new municipal corporations shall have a minimum amount of time to arrange for service delivery; to provide that the Attorney General shall seek federal Voting Rights Act preclearances required in connection with new incorporations; to provide for the authorization and regulation of alcoholic beverage sales in new municipalities under certain circumstances; to amend Code Section 48-8-89.1 of the O.C.G.A., relating to distribution of joint county and municipal local option sales tax with respect to new qualified municipalities; to provide for other 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:

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A BILL
To revise provisions of law relating to creation of new municipal corporations; to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, so as to eliminate certain minimum distance requirements; to provide that new municipal corporations shall have a minimum amount of time to arrange for service delivery; to change provisions relating to development requirements for areas to be incorporated; to provide that the Attorney General shall seek federal Voting Rights Act preclearances required in connection with new incorporations; to provide for the authorization and regulation of alcoholic beverage sales in new municipalities under certain circumstances; to provide for the orderly transition of responsibilities and functions to a new municipality from its county and provide for counties to retain certain functions and responsibilities for certain periods of time; to provide that a chartering Act may specify any length or lengths for initial terms of office; to authorize the appropriation of funds to the Department of Community Affairs for loans or grants or both to new municipal corporations; to provide for temporary limitations on the amount of certain special district fees, assessments, and taxes following the creation of a new municipal corporation in certain counties; to provide for certain auditing and reporting requirements with respect to special district revenues and expenditures in certain counties; to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to joint county and municipal local option sales tax, so as to change provisions for distribution with respect to newly incorporated municipalities and other local governments in the county; to provide for other related matters; to provide for severability; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, is amended by striking Code Section 36-31-2 thereof, relating to minimum distances between corporate boundaries, and inserting in its place the following:
"36-31-2. (a) No local Act granting a municipal charter shall be enacted wherein any part of the proposed corporate boundary is less than three miles distance from the corporate boundary of any existing municipal corporation in this state; provided, however, that, if the residents of a certain geographical area within three miles of an existing municipal corporation have been denied annexation to the municipal corporation by the people of the municipal corporation, the residents of such geographical area shall be entitled to incorporate a new municipal corporation at any time within 12 months after such denial, and a local Act granting a municipal charter may be enacted; provided, further, that the population of the area proposed to be incorporated must exceed the population

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of the existing municipal corporation, and a certificate from the governing authority of the existing municipal corporation or from the judge of the superior court of the county, evidencing the denial of annexation and the population figures, must accompany the certificate of incorporation required by this chapter. (b) Any provision of subsection (a) of this Code section to the contrary, a local Act granting a municipal charter to any area comprising the former boundaries of a municipal corporation the charter of which was repealed by operation of Code Section 36-30-7.1 may be enacted at the regular 1996 or 1997 session of the General Assembly without regard to the proximity of the proposed municipal corporation to an existing municipal corporation. When a municipal corporation is created by local Act as authorized in this chapter, the provisions of Code Section 36-30-7.1 shall not apply for two years from the date the first elected officials of such municipal corporation take office. No later than July 1 following the expiration of such two-year period, the governing authority of the municipal corporation shall file a certification with the Department of Community Affairs stating whether the municipal corporation does or does not meet the standards for an active municipality under subsection (b) of Code Section 36-30-7.1."
SECTION 2. Said Chapter 31 of Title 36 is further amended by striking Code section 36-31-4, relating to standards for areas to be incorporated, and inserting in its place a new Code section to read as follows:
"36-31-4. To be eligible for original incorporation as a municipal corporation, the area embraced shall be so developed that at least 60 percent of the total number of lots and tracts in the area at the time of incorporation are used for residential, commercial, industrial, institutional, recreational, or governmental purposes and shall be subdivided into lots and tracts such that at least 60 percent of the total acreage, not counting the acreage used which at the time of incorporation is used for, held for future use for, or subject to a contract for future use for commercial, industrial, governmental, recreational, or institutional purposes, consists of lots and tracts of five acres or less in size."
SECTION 3. Said Chapter 31 of Title 36 is further amended by adding at its end new Code sections to read as follows:
"36-31-6. When a new municipal corporation is chartered by local Act, the Attorney General shall be responsible for seeking any and all preclearances required in connection with such Act and incorporation under the federal Voting Rights Act of 1965, as amended, until such time as the new municipal corporation notifies the Attorney General that it has the ability to seek any further preclearances required.
36-31-7.

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When a new municipal corporation is chartered by local Act, the governing authority of the municipal corporation shall have all the same powers to license and regulate alcoholic beverages within its territory as did the governing authority of the county when such territory was within the unincorporated area of the county. Without limiting the generality of the foregoing, it is specifically provided that no petition, election, or other condition precedent which might otherwise be required under Title 3 to authorize sales of any alcoholic beverages shall be required in order for the governing authority of the municipality to exercise such powers.
36-31-8. (a) When a new municipal corporation is chartered by local Act, the local Act may provide for a transition period not to exceed 24 months for the orderly transition of governmental factions from the county to the new municipal corporation. The local Act may specify the time or times during the transition period (or the method or methods for determining the time or times during the transition period) at which:
(1) Various governmental functions, services, and responsibilities will be assumed by the new municipal corporation within its territory; and (2) The municipal court of the new municipality shall begin to exercise its jurisdiction over various subject matters. (b) When a chartering local Act so provides for a transition period, the county in which the new municipality is located shall continue to provide within the territory of the new city all government services and functions which it provided as of the date of enactment of the chartering local Act. The county shall continue to provide such services and functions until the end of the transition period; provided, however, that the new city may assume the provision of any service or function at such earlier time as may be specified in the chartering local Act or at such earlier time as may be agreed upon by the county and the new city. (c) When a chartering local Act so provides for a transition period, the new municipality shall collect within the territory of the new city all taxes, fees, assessments, fines and forfeitures, and other moneys as of the first day the initial governing authority takes office. Where a particular tax, fee, assessment, fine, forfeiture, or other amount collected is specifically related to the provision of a particular government service or function by the county, the service or function shall continue to be provided by the county during the transition period contingent upon payment by the city of the actual cost of providing such service or function unless otherwise provided in a written agreement between the new city and the county. (d) When a chartering local Act so provides for a transition period, the county in which the new city is located shall not from the time of enactment of the charter until the end of the transition period remove from the county road system any road within the territory of the new city except with the agreement of the new city. (e) When a chartering local Act so provides for a transition period, the new municipality shall not be subject to the laws specified in this subsection during the transition period; provided, however, that the new city and other political subdivisions

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may during the transition period commence planning, negotiations, and other actions necessary or appropriate for compliance after the transition period. During the transition period, the new municipality shall not be subject to:
(1) Chapter 70 of this title, relating to planning and service delivery strategies; (2) Provisions of Code Sections 12-8-31.1 and 12-8-39.2, relating to solid waste planning and solid waste management reporting; (3) Provisions of Code Section 48-13-56, relating to reporting of excise taxes collected and expended pursuant to Article 3 of Chapter 13 of Title 48; and (4) Provisions of Code Section 36-81-8, relating to reporting of local government finances, reporting of revenues derived from a tax levied pursuant to Article 3 of Chapter 13 of Title 48, and reporting of local government services and operations. (f) When a chartering local Act so provides for a transition period, upon the termination of the transition period subsections (b) through (e) of this Code section shall cease to apply and the new city shall be a fully functioning municipal corporation and subject to all general laws of this state. (g) As of the date a chartering local Act is approved by the Governor or becomes law without such approval, the Governor is authorized to appoint five persons to serve as interim representatives of the newly incorporated municipality until the election of the municipalitys first governing authority. The interim representatives shall cease to serve as of the time the members of the first governing authority take office. The function of the interim representatives shall be to facilitate the provision of municipal services and facilities, the collection of taxes and fees, and the negotiation of intergovernmental agreements in preparation of the establishment of the new municipality. The interim representatives shall not have the ability to enter into any binding agreements, to expend public funds, or to incur any liability on behalf of the new municipality. Any person who is serving as or has served as an interim representative shall be ineligible to qualify for election as a member of the initial governing authority of the new municipality.
36-31-9. When a new municipal corporation is chartered by local Act, the chartering local Act may provide for the initial terms of office of members of the governing authority to be of any length or lengths; and the provisions of this Code section shall control over any conflicting provisions of Code Sections 21-2-541.1 and 21-2-541.2.
36-31-10. The General Assembly may, in connection with the incorporation of a new municipal corporation, at any time (before, after, or contemporaneously with the passage of the chartering Act) appropriate to the Department of Community Affairs funds for grants or loans or both to a specific existing or proposed municipal corporation. When funds are so appropriated, the department shall make grants as specified by recipient, amount, and purpose and loans as specified by recipient, amount, interest rate, term, and purpose

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in the appropriation unless the chartering Act fails to secure passage or otherwise fails to become effective.
36-31-11. When a municipal corporation is chartered by local Act within a county which has a special district for the provision of local government services consisting of the unincorporated area of the county, the territory within the new municipal corporation shall be removed from the special district except to the extent otherwise provided by Code Section 36-31-8 during a transition period and except that the county may continue to levy within such territory any previously imposed tax for the purpose of retiring any special district debt until such time as such debt is retired.
36-31-12. (a) This Code section shall apply only when:
(1) A municipal corporation is chartered by local Act within a county which has a special district for the provision of local government services consisting of the unincorporated area of the county; and (2) The population of the unincorporated area of the county will, after removal of the population of the new municipality from the unincorporated area, constitute less than 20 percent of the population of the county according to the most recent decennial census. (b) When a municipal corporation is chartered by local Act within a county subject to this Code section, the county shall for the fiscal year in which the municipal corporation is chartered and for each of the next two fiscal years have included in its annual audit detailed findings as to: (1) The amount of any special district taxes, assessments, and fees collected in the special district consisting of the unincorporated area of the county which shall be reported as the 'actual special district tax, assessment, and fee collections'; (2) The amount of proceeds collected by the county pursuant to any tax under Article 2 of Chapter 8 of Title 48 which would be allocated to the unincorporated area of the county if the unincorporated area received an allocation equal on a per capita basis to the average per capita allocation to the cities in the county which shall be reported as the 'deemed allocation of local option sales tax proceeds'; (3) The total amount of expenditures by the county for:
(A) The provision of services within the special district consisting of the unincorporated area of the county, including only those services which are provided by the county only in that special district; and (B) The construction and maintenance of facilities for the provision of services referred to in subparagraph (A) of this paragraph; and (4) The amount by which expenditures stated in paragraph (3) of this subsection exceed or are less than the total of the amounts stated in paragraphs (1) and (2) of this subsection.

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(c) The party performing the audit required by subsection (b) of this Code section shall prepare as promptly as is practicable a brief informational summary of the audit findings required by this Code section; and after each years summary becomes available, a copy of the summary shall be included with the next ad valorem tax bills mailed by the county to residents of the special district consisting of the unincorporated area of the county. (d) When a municipal corporation is chartered by local Act within a county subject to this Code section, the fees, assessments, and taxes, if any, imposed only within the special district shall not be increased during the calendar year in which the municipal corporation is chartered and shall not be increased at any time during the next two calendar years. During such time period, no new special district shall be created within the unincorporated area of the county to evade the purposes of this prohibition."
SECTION 4. Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to joint county and municipal local option sales tax, is amended by striking Code Section 48-8-89.1, relating to distribution of the tax upon creation of a new municipal corporation, and inserting in its place a new Code section to read as follows:
"48-8-89.1. (a) If there exists within any special district in which the tax authorized by this article is imposed a qualified municipality which was not a qualified municipality on the date of filing with the commissioner of the most recently filed certificate under Code Section 48-8-89, such qualified municipality may request the commissioner to give notice of the qualified municipalitys existence and status as a qualified municipality as provided in this subsection. Upon receipt of such a request, the commissioner shall, unless he or she determines that the requesting entity is not a qualified municipality, within 30 days give written notice of the qualified municipalitys existence and status to the county which is conterminous with the special district in which the qualified municipality is located and to each other qualified municipality within the special district. Such written notice shall include the name of the new qualified municipality, the effective date of the notice, and a statement of the provisions of this Code section. (b) Within 60 days after the effective date of the notice referred to in subsection (a) of this Code section, a new distribution certificate shall be filed with the commissioner for the special district. This distribution certificate shall address only the proceeds of the tax available for distribution from the percentage allocated to the county in the current distribution certificate and shall specify by as a percentage of the total proceeds of the tax what portion of the proceeds of the tax available for distribution within the special district shall be received by the county in which the special district is located and by each qualified municipality located wholly or partially within the special district, including the new qualified municipality. No distribution certificate may contain a total of specified percentages in excess of 100 percent. (c) Except as otherwise provided in this subsection, a distribution certificate required by this Code section must be executed by the governing authorities of the county within

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which the special district is located and each new qualified municipality located wholly or partially within the special district, including the new qualified municipality. Notwithstanding the fact that a certificate shall not contain an execution in behalf of one or more qualified municipalities within the special district, if the combined total of the populations of all such absent municipalities is less than one-half of the aggregate population of all qualified municipalities located within the special district, the submitting political subdivisions shall, in behalf of the absent municipalities, specify a percentage of that portion of the remaining proceeds which each such municipality shall receive, which percentage shall not be less than that proportion which each absent municipalitys population bears to the total population of all qualified municipalities within the special district multiplied by that portion of the remaining proceeds which are received by all qualified municipalities within the special district. If a new certificate is not filed within 60 days as required by subsection (b) of this Code section, the commissioner shall distribute the proceeds of the tax available for distribution from the percentage allocated to the county in the current distribution certificate such that the new qualified municipality receives an allocation equal on a per capita basis to the average per capita allocation to the other qualified municipalities in the county (according to population), to be expended as provided in paragraph (2) of subsection (a) of Code Section 48-8-89. Every other qualified municipality shall continue to receive the share provided by the existing distribution certificate or otherwise provided by law. The county shall receive the remaining proceeds of the tax, to be expended as provided in paragraph (2) of subsection (a) of Code Section 48-8-89. For the purpose of determining the population of the absent new qualified municipalities, only that portion of the population of each such municipality which is located within the special district shall be computed. For the purpose of determining population under this Code section, all calculations of population shall be according to the most recent decennial census. (d) If a new certificate is not filed for any special district as required by this Code section, the authority to impose the tax authorized by Code Section 48-8-82 within that special district shall cease on the first day of January of the year following the year in which the required distribution certificate could last have been timely filed. In any special district in which the authority to impose the tax is terminated pursuant to this subsection, the tax may thereafter be reimposed only pursuant to the procedures specified in Code Sections 48-8-84 through 48-8-86. (e) If a new certificate is filed as required by this Code section, the The commissioner shall begin to distribute the proceeds as specified in the new certificate applicable to the county and the new qualified municipality or, if such a certificate is not filed, as specified in subsection (c) of this Code section on the first day of January of the first calendar year the first month which begins more than 60 days after the effective date of the notice referred to in subsection (b) (a) of this Code section. The commissioner shall continue to distribute the proceeds of the tax according to the new existing certificate and the certificate applicable to the county and the new qualified municipality or, if such a certificate is not filed, as specified in subsection (c) of this Code section until a

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subsequent certificate is filed and becomes effective as provided in Code Section 48-889."

SECTION 5. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. This Act shall apply with respect to any local Act enacted at the 2005 regular session of the General Assembly or any future session.

SECTION 7. 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 Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard E Barnes Y Bearden N Beasley-Teague N Benfield Y Benton Y Black N Bordeaux N Borders Y Bridges N Brooks
Brown N Bruce E Bryant Y Buckner, D
Buckner, G Y Burkhalter

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson
Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Fleming
Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman Y Gardner

N Holmes Y Holt Y Horne Y Houston N Howard E Hudson N Hugley N Jackson Y Jacobs
James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown Y Kidd Y Knight

Y Maxwell Y May Y McCall N McClinton Y Meadows Y Millar Y Miller Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal Y Oliver Y O'Neal N Orrock E Parham

N Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield
Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton

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Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers
Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A

Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin

E Parrish Y Parsons Y Porter Y Powell Y Ralston N Randall Y Ray E Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Teilhet N Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren N Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 124, nays 37.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Floyd of the 99th and Smith of the 113th 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 Mangham of the 94th 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.

HB 37. By Representatives Wilkinson of the 52nd, Willard of the 49th, Geisinger of the 48th and Lindsey of the 54th:

A BILL to be entitled an Act to incorporate the City of Sandy Springs in Fulton County; to provide for a charter for the City of Sandy Springs; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures: to provide for ordinances; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, a tax collector, a city accountant, and other personnel; to repeal conflicting laws; and for other purposes.

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The following Committee substitute was read:
A BILL
To incorporate the City of Sandy Springs in Fulton County; to provide for a charter for the City of Sandy Springs; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures: to provide for ordinances; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, a tax collector, a city accountant, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for ethics and disclosures; to provide for taxation, licenses and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for homestead exemptions; to provide for bonds for officials; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates and transitional provisions governing the transfer of various functions and responsibilities from Fulton County to the City of Sandy Springs; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I CREATION, INCORPORATION, POWERS
SECTION 1.01. Incorporation.
This Act shall constitute the charter of the City of Sandy Springs, Georgia. The City of Sandy Springs, Georgia, in the County of Fulton, and the inhabitants thereof, are constituted and declared a body politic and corporate under the same name and style of the "City of Sandy Springs" and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all courts of law and equity, and in all actions whatsoever, and may have and use a common seal.
SECTION 1.02. Corporate boundaries.
The boundaries of the City of Sandy Springs shall be as set forth and described in Appendix A of this charter, and said Appendix A is incorporated into and made a part of

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this charter. The city manager shall maintain a current map and written legal description of the corporate boundaries of the city, and such map and description shall incorporate any changes which may hereafter be made in such corporate boundaries.
SECTION 1.03. Powers and construction.
(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this Act. This city shall have all the powers of selfgovernment not otherwise prohibited by this Act or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. These powers shall include, but not be limited to, the following:
(1) Animal regulations. To regulate and license or to prohibit the keeping or running at-large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing, and building trades to the extent permitted by general law; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades and professions as authorized by Title 48 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. 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 city council, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all

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reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the city; (8) Environmental protection. To protect and preserve the natural resources, environment and vital areas of the city, the region, and the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of stormwater and establishment of a stormwater utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) Ethics. To adopt ethics ordinances and regulations governing the conduct of municipal elected officials, appointed officials, and employees, establishing procedures for ethics complaints and setting forth penalties for violations of such rules and procedures; (10) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (11) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes or fees; and to provide for the manner and method of collecting such service charges; (12) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards; (l3) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (14) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (15) 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, to provide for the use of pretrial diversion and any alternative sentencing allowed by law, or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (16) 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; (17) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city, and to confer upon

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such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (18) 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; (19) 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; (20) 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; (21) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, stormwater management, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; 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; (22) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (23) 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; (24) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (25) 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; (26) 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; (27) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, public buildings, libraries, public housing, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city and to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (28) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances;

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(29) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (30) Public utilities and services. To grant franchises or make contracts for, or impose taxes on, public utilities and public service companies; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (31) 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; (32) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (33) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (34) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (35) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; provided, however, that:
(A) For taxable years 2006, 2007, and 2008 only, the millage rate imposed for ad valorem taxes on real property shall not exceed 4.731 unless a higher limit is recommend by resolution of the city council and approved by the qualified voters of Sandy Springs in a referendum; (B) For all years, the fair market value of all property subject to taxation shall be determined according to the tax digest of Fulton County, as provided in Code Section

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48-5-352 of the O.C.G.A.; and (C) For all years, the billing date or dates and due date or due dates for municipal ad valorem taxes shall be the same as for Fulton County ad valorem taxes; (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and any listing of particular powers in this charter shall not be held to be exclusive of others or restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
SECTION 1.04. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this Act. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS
AND LEGISLATIVE BRANCH SECTION 2.01.
City council creation; number; election.
(a) The legislative authority of the government of Sandy Springs, except as otherwise specifically provided in this Act, shall be vested in a city council to be composed of a mayor and six councilmembers. (b) The mayor shall be elected by a majority vote of the qualified electors of the city at large voting at the elections of the city. (c) Each councilmember shall be elected by a majority vote of the qualified electors of his or her respective council district voting at the elections of the city. For the purpose of

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electing the six councilmembers, there shall be six council districts, designated Council Districts 1 through 6, as described in Appendix B of this Act and the accompanying Redistricting Plan Components Report, which are attached to and made a part of the charter of the City of Sandy Springs. Each person desiring to offer as a candidate for councilmember shall designate the council district for which he or she is offering.
SECTION 2.02. Mayor and city councilmembers; election, terms, and qualifications for office.
(a) Except as otherwise provided in subsection (c) of this section, the mayor and members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the area comprising the corporate limits of the City of Sandy Springs for a continuous period of at least 12 months immediately prior to the date of the election for mayor or councilmember, shall continue to reside therein during that persons period of service, and shall continue to be registered and qualified to vote in municipal elections of the City of Sandy Springs. In addition to the above requirements, no person shall be eligible to serve as a councilmember representing a council district unless that person has been a resident of the district such person seeks to represent for a continuous period of at least six months immediately prior to the date of the election for councilmember and continues to reside in such district during that persons period of service. (b) General municipal elections shall be held on the Tuesday next following the first Monday in November of 2005 and quadrennially thereafter. (c) The first mayor and the initial councilmembers shall take office on December 1, 2005, and shall serve for terms which expire when their successors take office in January of 2010. Thereafter the mayor and councilmembers shall take office as provided in Code Section 21-2-541.1 of the O.C.G.A. and serve for terms of four years. The initial members and future members of the governing authority shall serve until their successors are elected and qualified.
SECTION 2.03. Vacancy; filling of vacancies; suspensions.
The office of mayor or councilmember shall become vacant upon the incumbents death, resignation, forfeiture of office, or removal from office in any manner authorized by this Act or the general laws of the State of Georgia. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term by a special election if such vacancy occurs 12 months or more prior to the expiration of the term of that office. If such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor or any councilmember.

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SECTION 2.04. Nonpartisan elections.
Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designation.
SECTION 2.05. Election by majority vote.
The candidates for mayor and councilmen who receive a majority of the votes cast in the applicable election shall be elected to a term of office. In the event no candidate receives a majority of the votes cast in said election, a run-off election shall be held between the two candidates receiving the highest number of votes. Such run-off shall be held at the time specified by state election law, unless such run-off date is postponed by court order.
SECTION 2.06. Applicability of general laws; qualifying; other provisions.
All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code", as now or hereafter amended. Except as otherwise provided by this Act, the city council shall, by ordinance or resolution, prescribe such rules and regulations as it deems appropriate, including but not limited to the establishment of qualifying fees, to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code", as now or hereafter amended.
SECTION 2.07. Compensation and expenses.
The annual salary of the mayor shall be $25,000.00 and the annual salary for each councilmember shall be $12,000.00. Such salary shall be paid from municipal funds in monthly installments. The city council may provide by ordinance for the provision of insurance, retirement, workers compensation, and other employee benefits to the mayor and members of the city council and may provide by ordinance for the reimbursement of expenses actually and necessarily incurred by the mayor and members of the city council in carrying out their official duties.
SECTION 2.08. Inquiries and investigations.
The city council may make inquiries and investigations into the affairs of the city and conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any

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person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as may be provided by ordinance.
SECTION 2.09. Meetings and mayor pro tempore.
(a) The city council shall meet on the first working day in January immediately following each regular municipal election. The meeting shall be called to order by the mayor-elect and the oath of office shall be administered to the newly elected mayor and councilmembers by a judicial officer authorized to administer oaths. The oath shall, to the extent that it comports with federal and state law, be as follows:
"I do solemnly swear or affirm that I will faithfully execute the office of [councilmember or mayor as the case may be] of the City of Sandy Springs, and will to the best of my ability support and defend the Constitution of the United States, the Constitution of Georgia, and the charter, ordinances, and regulations of the City of Sandy Springs. I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I by the laws of the State of Georgia am prohibited from holding. I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. I have been a resident of my district and the City of Sandy Springs for the time required by the Constitution and laws of this state and by the municipal charter. I will perform the duties of my office in the best interest of the City of Sandy Springs to the best of my ability without fear, favor, affection, reward, or expectation thereof." (b) Following the induction of the mayor and councilmembers, the city council, by a majority vote of the councilmembers, shall elect a councilmember to be mayor pro tempore, who shall serve for a term of four years and until a successor is elected and qualified. The mayor pro tempore shall assume the duties and powers of the mayor during the mayors disability or absence, except that the mayor pro tempore shall continue to vote as a councilmember and may not exercise the mayors prerogative to vote in the case of a tie. During the mayors disability or absence, the mayor pro tempore may veto any action of council. If the mayor pro tempore is absent because of sickness or disqualification, any one of the remaining councilmembers, chosen by the members present, shall be clothed with all the rights and privileges of the mayor and shall perform the mayors duties in the same manner as the mayor pro tempore. (c) The city council shall, at least once a month, hold regular meetings at such times and places as prescribed by ordinance. The council may recess any regular meeting and continue such meeting on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (d) Special meetings of the council may be held on the call of the mayor or three members of the council. Notice of such special meetings shall be delivered to all members of the council and the mayor personally, by registered mail, or by electronic means, at least 24 hours in advance of the meeting. Such notice to councilmembers shall

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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 the mayor or a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice. The notice of such special meeting shall state what business is to be transacted at the special meeting. Only the business stated in the call may be transacted at the special meeting.
SECTION 2.10. Quorum; voting.
Four councilmembers shall constitute a quorum and shall be authorized to transact business for the council. Voting on the adoption of ordinances shall be taken by voice vote and the yeas and nays shall be recorded in the minutes, but on the request of any member there shall be a roll-call vote. In order for any ordinance, resolution, motion, or other action of the council to be adopted, the measure must receive at least three affirmative votes and must receive the affirmative votes of a majority of those voting. No member of the city council shall abstain from voting on any matter properly brought before the council for official action except when such member of council has a conflict of interest which is disclosed in writing prior to or at the meeting and made a part of the minutes. Any member of the city council present and eligible to vote on a matter and refusing to do so for any reason other than a properly disclosed and recorded conflict of interest shall be deemed to have acquiesced or concurred with the members of the majority who did vote on the question involved. The mayor shall vote only in the case of a tie or in the case where his or her vote will provide the third affirmative vote required for approval of a matter.
SECTION 2.11. General power and authority of the council.
(a) Except as otherwise provided by law or by this charter, the council shall be vested with all the powers of government of the City of Sandy Springs as provided by Article I of this charter. (b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter and the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Sandy Springs and may enforce such ordinances by imposing penalties for violation thereof.
SECTION 2.12. Administrative and service departments.

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(a) Except for the office of city manager, the council, by ordinance, may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city as they shall deem necessary for the proper administration of the affairs and government of the city. The council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the mayor and council.
SECTION 2.13. Boards, commissions, and authorities.
(a) All members of boards, commissions, and authorities of the city shall be nominated by the mayor and be confirmed by the council for such terms of office and such manner of appointment as provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or by applicable state law. (b) No member of any board, commission, or authority of the city shall hold any elective office in the city. Councilmembers and the mayor, however, may serve as ex officio members of such boards, commissions, or authorities, without a vote. (c) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for original appointment, except as otherwise provided by this charter or any applicable state law. (d) No member of any board, commission, or authority shall assume office until he or she shall have executed and filed with the designated officer of the city an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance of the council and administered by the mayor. (e) Any member of a board, commission, or authority may be removed from office for cause by a vote of a majority of the members of the council. (f) Members of boards, commissions, and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (g) Except as otherwise provided by this charter or by applicable state law, each board, commission, or authority of the city government shall elect one of its members as chairperson and one member as vice chairperson for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations not inconsistent with this charter, ordinances of the city, or

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applicable state law as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the designated officer of the city.
SECTION 2.14. Ordinance form; procedures.
(a) Every proposed ordinance and resolution shall be introduced in writing and the city council shall have the authority to approve, disapprove, or amend the same. A resolution may be passed at the time it is offered, but an ordinance shall not be adopted until the title of said ordinance shall have been read at two city council meetings, provided that the beginning of said meetings be not less than 24 hours nor more than 60 days apart. This requirement of two readings shall not apply to emergency ordinances or to ordinances adopted at the first business meeting of the city council in a calendar year. (b) The catchlines of sections of this charter or any ordinance printed in boldface type, italics, or otherwise, are intended as mere catchwords to indicate the contents of the section, and:
(1) Shall not be deemed or taken to be titles of such sections or as any part of the section; and (2) Shall not be so deemed when any of such sections, including the catchlines, are amended or reenacted unless expressly provided to the contrary. Furthermore, the chapter, article, and section headings contained in this Act shall not be deemed to govern, limit, or modify or in any manner affect the scope, meaning, or intent of the provisions of any chapter, article, or section hereof. (c) The city council may, by ordinance or resolution, adopt rules and bylaws to govern the conduct of its business, including procedures and penalties for compelling the attendance of absent members. Such rules may include punishment for contemptuous behavior conducted in the presence of the city council.
SECTION 2.15. Submission of ordinances to the mayor.
(a) Every ordinance, resolution, and other action adopted by the council shall be presented promptly to the mayor. Except for council approval of appointments to committees, boards, and commissions, the employment of any appointed officer, internal affairs, or matters which must be approved by the voters, the mayor may veto any action adopted by the city council. (b) The veto must be exercised no later than the next regular city council meeting following the meeting at which the action was taken. If an action is disapproved, the mayor shall submit to the council a written statement of the reasons for the mayors veto. (c) An action vetoed by the mayor shall automatically be on the agenda at the next regular meeting of the city council for reconsideration. If the minimum number of councilmembers necessary to vote on overriding the veto are not present, the action may be continued until the next meeting at which the minimum number of councilmembers

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are present. Such action shall not become effective unless it is readopted by the affirmative votes of at least four members of council within 60 days of the veto. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance or resolution. The approved part or parts of any ordinance or resolution making appropriations shall become law, and the part or parts disapproved or reduced shall not become law unless subsequently passed by the city council over the mayors veto as provided in this charter. (e) If an ordinance or resolution has been signed by the mayor, it shall become effective. If an ordinance or resolution is neither approved nor disapproved by the next regular meeting of the city council, it shall become effective.
ARTICLE III EXECUTIVE BRANCH
SECTION 3.01. Powers and duties of the mayor.
(a) The mayor shall be the chief executive officer of the city government, a member of and the presiding officer of the city council, and responsible for the efficient and orderly administration of the citys affairs. The mayor shall be responsible for the enforcement of laws, rules, regulations, ordinances, and franchises in the city. The mayor may conduct inquiries and investigations into the conduct of the citys affairs and shall have such powers and duties as specified in this charter or as may be provided by ordinance consistent with this charter. (b) The mayor shall:
(1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the advocate of policy; (3) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, resolutions, and other instruments executed by the city which by law are required to be in writing; (4) See that all laws and ordinances of the city are faithfully executed; (5) Vote on any motion, resolution, ordinance, or other question before the council only as provided in Section 2.10 of this charter and vote on any matter before a committee on which he or she serves; (6) Obtain short term loans in the name of the city when authorized by the city council to do so; (7) Appoint councilmembers to oversee and report on the functions of the various departments of the city; (8) Require the city manager to meet with him or her at a time and place designated for consultation and advice upon the affairs of the city; (9) Name qualified residents of the city to boards and commissions with approval of the city council;

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(10) Make recommendations with respect to the employment or termination of city employees; (11) Prepare or have prepared an agenda for each meeting of the city council which shall include all business submitted by the mayor, any councilmember, the city manager, and the city attorney; and (12) Fulfill and perform such other duties as are imposed by this charter and duly adopted ordinances.
SECTION 3.02. City manager; appointment, qualification, and compensation.
The mayor shall appoint, subject to confirmation by the council, for an indefinite term an officer whose title shall be the "city manager" and the city manager shall serve at the pleasure of the council. The city manager shall be appointed without regard to political beliefs and solely on the basis of his or her executive and administrative qualifications with special reference to his or her educational background and actual experience in, and knowledge of, the duties of office as hereinafter prescribed.
SECTION 3.03. City manager; chief administrative officer.
The city manager shall be the chief administrative officer of the government of the City of Sandy Springs. The city manager must devote all of his or her working time and attention to the affairs of the city and shall be responsible to the mayor and council for the proper and efficient administration of the affairs of the city over which said officer has jurisdiction.
SECTION 3.04. City manager; powers and duties enumerated.
The city manager shall have the power, and it shall be his or her duty to: (1) See that all laws and ordinances are enforced; (2) Appoint and employ all necessary employees of the city, provided that excepted from the power of this appointment are those officers and employees who by this Act are appointed or elected by the council or departments not under the jurisdiction of the city manager; (3) Remove employees employed by said officer without the consent of the council and without assigning any reason therefore; (4) Exercise supervision and control of all departments and all divisions created in this charter or that may hereafter be created by the council except as otherwise provided in this Act; (5) Attend all meetings of the council with a right to take part in the discussions, but having no vote. The city manager shall be entitled to notice of all special meetings;

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(6) Recommend to the council, after prior review and comment by the mayor, for adoption such measures as the city manager may deem necessary or expedient; (7) See that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise are faithfully kept and performed and upon knowledge of any violation thereof to call the same to the attention of the city attorney, whose duty it shall be forthwith to take such steps as are necessary to protect and enforce the same; (8) Make and execute all lawful contracts on behalf of the city as to matters within said officers jurisdiction to the extent that such contracts are funded in the citys budget, except such as may be otherwise provided by law; provided, however, that no contract purchase or obligation requiring a budget amendment shall be valid and binding until after approval of the council; (9) Act as budget officer to prepare and submit to the council, after review and comment by the mayor, prior to the beginning of each fiscal year a budget of proposed expenditures for the ensuing year, showing in as much detail as practicable the amounts allotted to each department of the city government and the reasons for such estimated expenditures; (10) Keep the council at all times fully advised as to the financial condition and needs of the city; (11) Make a full written report to the council on the first of each month showing the operations and expenditures of each department of the city government for the preceding month, and a synopsis of such reports shall be published by the clerk of the city; (12) Fix all salaries and compensation of city employees in accordance with the city budget and the city pay and classification plan; and (13) Perform such other duties as may be prescribed by this Act or required by ordinance or resolution of the council.
SECTION 3.05. Council interference with administration.
Except for the purpose of inquiries and investigations under Section 2.08 of this charter, the city council or its members shall deal with city officers and employees who are subject to the direction or supervision of the manager solely through the manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately.
SECTION 3.06. City manager; removal.
(a) The mayor and council may remove the manager from office in accordance with the following procedures:
(1) The council shall adopt by affirmative vote of a majority of all its members a preliminary resolution removing the city manager and may suspend the city manager

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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 council a written request for a public hearing. This hearing shall be held at a council meeting not earlier than 15 days nor later than 30 days after the request is filed. The city manager may file with the council a written reply not later than five days before the hearing; and (3) The council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of four of its members at any time after five days from the date when a copy of the preliminary resolution was delivered to the city manager, if he or she has not requested a public hearing, or at any time after the public hearing if he or she has requested one. (b) The city manager shall continue to receive his or her salary until the effective date of a final resolution of removal and, unless he or she has been convicted of a felony at that time, he or she shall be given not less than 60 days severance pay. The action of the council in suspending or removing the city manager shall not be subject to review by any court or agency. (c) If the city manager becomes disabled and is unable to carry out the duties of the office or if the city manager dies, the acting city manager shall perform the duties of the city manager until the city managers disability is removed or until the city manager is replaced. Removal of the city manager because of disability shall be carried out in accordance with the provisions of subsection (a) of this section.
SECTION 3.07. Acting city manager.
(a) The city manager may designate in writing any administrative employee of the city who shall exercise all powers, duties, and functions of the city manager during the city managers temporary absence from the city or during the city managers disability. If such designation has not been made and the city manager is absent from the city or unable to perform the duties of the office or to make such designation, the council may, by resolution, appoint any qualified administrative employee of the city to perform the powers, duties, and functions of the city manager until the city manager shall return to the city, the disability ceases, or the council appoints a new city manager. (b) In the event of a vacancy in the office of city manager, the council may designate a person as acting city manager, who shall exercise all powers, duties, and functions of the city manager until a city manager is appointed.
SECTION 3.08. City attorney.
The mayor shall nominate and the council shall confirm by majority vote of the council a city attorney, together with such assistant city attorneys as may be deemed appropriate,

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and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the council, mayor, other officers, and employees of the city concerning legal aspects of the citys affairs; and shall perform such other duties as may be required by virtue of his or her position as city attorney. The city attorney shall review all contracts of the city but shall not have the power to bind the city.
SECTION 3.09. City clerk.
The mayor may appoint a city clerk, subject to confirmation by majority vote of the council, to keep a journal of the proceedings of the city council; to maintain in a safe place all records and documents pertaining to the affairs of the city; and to perform such duties as may be required by law or ordinance or as the mayor or city manager may direct.
SECTION 3.10. Tax collector.
The mayor may appoint a tax collector, subject to confirmation by majority vote of the council, to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city; and the tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities.
SECTION 3.11. City accountant.
The mayor may appoint a city accountant, subject to confirmation by majority vote of the council, to perform the duties of an accountant.
SECTION 3.12. Consolidation of functions.
The city manager, with the approval of the council, may consolidate any two or more of the positions of city clerk, city tax collector, and city accountant, or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions. The city manager may also, with the approval of the city council, perform all or any part of the functions of any of the positions or offices in lieu of the appointment of other persons to perform the same.

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SECTION 3.13. Position classification and pay plans; employment at will.
The city manager shall be responsible for the preparation of a position classification and a pay plan which shall be submitted to the council for approval. Said plan may apply to all employees of the City of Sandy Springs and any of its agencies and offices. When a pay plan has been adopted by the council, neither the council nor the city manager shall increase or decrease the salaries of individual employees except in conformity with such pay plan or pursuant to an amendment of said pay plan duly adopted by the council. Except as otherwise provided in this charter, all employees of the city shall be subject to removal or discharge, with or without cause, at any time.
ARTICLE IV MUNICIPAL COURT
SECTION 4.01. Creation.
There is established a court to be known as the Municipal Court of the City of Sandy Springs which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law, including ordinances of the city; to punish witnesses for nonattendance and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases which, under the laws of Georgia, are placed within the jurisdiction of municipal courts to the extent of, and in accordance with, the provisions of such laws and all laws subsequently enacted amendatory thereof. Said court shall be presided over by the judge of said court. In the absence or disqualification of the judge, the judge pro tem shall preside and shall exercise the same powers and duties as the judge when so acting.
SECTION 4.02. Judge.
(a) No person shall be qualified or eligible to serve as judge unless he or she shall have attained the age of 21 years and shall have been a member of the State Bar of Georgia for a minimum of three years. The judge shall be appointed by resolution of the council. The compensation of the judge shall be fixed by the council. The position of judge created in this article shall not be a full-time position, and the person serving in said position may engage in the private practice of law. (b) The judge pro tem shall serve as requested by the judge, shall have the same qualifications as the judge, shall be appointed by resolution of the council, and shall take

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the same oath as the judge. (c) Before entering on duties of his or her office, the judge and judge pro tem shall take an oath before an officer duly authorized to administer oaths in this state declaring that he or she will truly, honestly, and faithfully discharge the duties of his or her office to the best of his or her ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the council. (d) The judge, or judge pro tem, shall serve for a term of four years but may be removed from the position by a two-thirds vote of the entire membership of the city council or upon action taken by the State Judicial Qualifications Commission for:
(1) Willful misconduct in office; (2) Willful and persistent failure to perform duties; (3) Habitual intemperance; (4) Conduct prejudicial to the administration of justice which brings the judicial office into disrepute; or (5) Disability seriously interfering with the performance of duties, which is, or is likely to become, of a permanent character.
SECTION 4.03. Convening.
Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary by the judge to keep current the dockets thereof.
SECTION 4.04. Jurisdiction; powers.
(a) The municipal court shall try and punish for crimes against the City of Sandy Springs and for violation of its ordinances. The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or imprisonment for 15 days. The municipal court may fix punishment for offenses within its jurisdiction to the full extent allowed by state law. (b) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation. (c) The municipal court shall have authority to establish bail and recognizances 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 security for appearances of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited

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to the City of Sandy Springs, or the property so deposited shall have a lien against it for the value forfeited. (d) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears, by probable cause, that a state law has been violated. (e) The municipal court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court. (f) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena, and warrants which may be served as executed by any officer as authorized by this charter or by state law. (g) The municipal court is specifically vested with all of the judicial jurisdiction and judicial powers throughout the entire area of the City of Sandy Springs granted by state laws generally to municipal courts, and particularly by such laws as authorize the abatement of nuisances.
SECTION 4.05. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Fulton County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 4.06. Rules for court.
With the approval of the council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court.
ARTICLE V FINANCE AND FISCAL
SECTION 5.01. Fiscal year.
The council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department or institution, agency, and activity of the city government, unless otherwise provided by state or federal law.
SECTION 5.02. Preparation of budgets.
The council shall provide, by ordinance, the procedures and requirements for the

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preparation and execution of an annual operating budget and a capital improvement program and a capital budget, including requirements as to the scope, content, and form of such budgets and programs.
SECTION 5.03. Submission of operating budget to city council.
On or before a date fixed by the council, but not later than 30 days prior to the beginning of each fiscal year, the city manager shall, after review and comment by the mayor, submit to the 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 and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city manager and shall be open to public inspection.
SECTION 5.04. Action by council on budget.
The 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 law, or by other provisions of this charter, and for all debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues, constituting the fund availability of such fund.
SECTION 5.05. Audits.
(a) There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing cost to the public. (b) As a minimum, all audits and budgets of the city shall satisfy the requirements of Chapter 81 of Title 36 of the O.C.G.A., relating to local government audits and budgets.
SECTION 5.06. Homestead exemptions.

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Any homestead exemptions applicable to ad valorem taxes levied by the city shall be as provided by Act of the General Assembly pursuant to Article VII, Section II, Paragraph II of the Georgia Constitution.
ARTICLE VI GENERAL PROVISIONS.
SECTION 6.01. Referendum and initial election.
(a) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Fulton County shall call a special election for the purpose of submitting this Act to the qualified voters of the proposed City of Sandy Springs for approval or rejection. The superintendent shall set the date of such election for the third Tuesday in June, 2005. The superintendent shall issue the call for such election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act incorporating the City of Sandy Springs in Fulton ( ) NO County according to the charter contained in the Act be approved?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect as provided in Section 6.02 of this charter, otherwise it shall be void and of no force and effect. The initial expense of such election shall be borne by Fulton County. Within two years after the elections if the incorporation is approved, the City of Sandy Springs shall reimburse Fulton County for the actual cost of printing and personnel services for such election and for the initial election of the mayor and members of the city council pursuant to subsection (b) of Section 2.02 of this charter. It shall be the duty of the superintendent to hold and conduct such election. It shall be his or her further duty to certify the result thereof to the Secretary of State. (b) For the purposes of the referendum election provided for in this section and for the purposes of the election to be held on the Tuesday after the first Monday in November, 2005, the qualified electors of the City of Sandy Springs shall be those qualified electors of Fulton County residing within the corporate limits of the City of Sandy Springs as described by Appendix A of this charter. At subsequent municipal elections, the qualified electors of the City of Sandy Springs shall be determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code." (c) Only for the purposes of holding and conducting the referendum election provided for by this section and holding and conducting the election of the City of Sandy Springs to be held on the Tuesday after the first Monday in November, 2005, the election superintendent of Fulton County is vested with the powers and duties of the election

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superintendent of the City of Sandy Springs and the powers and duties of the governing authority of the City of Sandy Springs.
SECTION 6.02. Effective dates.
(a) This Act shall become effective only if an amendment to Code Section 36-31-2 of the O.C.G.A., permitting incorporation of a municipal corporation less than three miles from another municipalitys boundaries, is enacted at the 2005 regular session of the General Assembly, in which event this section and the provisions of this Act necessary for the election provided in Section 6.01 of this charter shall become effective upon the same date that such amendment to Code Section 36-31-2 of the O.C.G.A. becomes effective or as soon thereafter as this Act is approved by the Governor or becomes law without such approval if this Act is the later of the two to become law. The provisions of this Act necessary for the election to be held on the Tuesday after the first Monday in November, 2005, shall be effective upon the certification of the results of the referendum election provided for by Section 6.01 of this charter, if this Act is approved at such referendum election. (b) A period of time will be needed for an orderly transition of various government functions from Fulton County to the City of Sandy Springs. Accordingly there shall be a transition period beginning December 1, 2005, and ending at midnight on December 31, 2006. During such transition period, all provisions of this charter shall be effective as law, but not all provisions of this charter shall be implemented. (c) During such transition period, Fulton County shall continue to provide within the territorial limits of Sandy Springs all government services and functions which Fulton County provided in that area as of the date of enactment of this charter, except to the extent otherwise provided in this section; provided, however, that by agreement of Fulton County and the City of Sandy Springs responsibility for any such service or function may be transferred to the City of Sandy Springs at such time as may be agreed upon by the parties. Effective December 1, 2005, the City of Sandy Springs shall collect taxes, fees, assessments, fines and forfeitures, and other moneys within the territorial limits of Sandy Springs. Where a particular tax, fee, assessment, fine, forfeiture, or other amount collected is specifically related to the provision of a particular government service or function by Fulton County, the service or function shall continue to be provided by the county contingent upon payment by the city of the actual cost of providing such service or function unless otherwise provided in a written agreement between the city and the county. Any existing contract for the performance of a governmental service with a private person residing or doing business within the city limits shall not be altered or adversely affected by the establishment of this Act of the City of Sandy Springs. (d) During the transition period, the governing authority of the City of Sandy Springs:
(1) Shall hold regular meetings and may hold special meetings as provided in this charter; (2) May enact ordinances and resolutions as provided in this charter;

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(3) May amend this charter by home rule action as provided by general law; (4) May accept gifts and grants; (5) May borrow money and incur indebtedness to the extent authorized by this charter and general law; (6) May levy and collect an ad valorem tax for calendar year 2006; (7) May establish a fiscal year and budget; (8) May create, alter, or abolish departments, boards, offices, commissions, and agencies of the city; appoint and remove officers and employees; and exercise all necessary or appropriate personnel and management functions; (9) May generally exercise any power granted by this charter or general law, except to the extent that a power is specifically and integrally related to the provision of a governmental service, function, or responsibility not yet provided or carried out by the city. (e) During the transition period, the Municipal Court of Sandy Springs shall exercise its jurisdiction to the extent appropriate with respect to the government services and functions performed by the City of Sandy Springs and the appropriate court or courts of Fulton County shall retain jurisdiction over the area incorporated as the City of Sandy Springs with respect to government services and functions performed by Fulton County. Any transfer of jurisdiction to the City of Sandy Springs at the beginning of, during, at the end of, or after the transition period shall not in and of itself abate any judicial proceeding pending in Fulton County or the pending prosecution of any violation of any ordinance of Fulton County. (f) During the transition period, the governing authority of Sandy Springs may at any time, without the necessity of any agreement by Fulton County, commence to exercise its planning and zoning powers; provided, however, that the city shall give the county at least 30 days written notice of the date on which the city will assume the exercise of such powers. Upon the governing authority of Sandy Springs commencing to exercise its planning and zoning powers, the Municipal Court of Sandy Springs shall immediately have jurisdiction to enforce the planning and zoning ordinances of the city. The provisions of this subsection shall control over any conflicting provisions of any other subsection of this section. (g) Effective upon the termination of the transition period, subsections (c) through (f) of this section shall cease to apply except for the last sentence of subsection (e) which shall remain effective. Effective upon the termination of the transition period, the City of Sandy Springs shall be a full functioning municipal corporation and subject to all general laws of this state.
SECTION 6.03. Directory nature of dates.
It is the intention of the General Assembly that this Act be construed as directory rather than mandatory with respect to any date prescribed in this Act. If it is necessary to delay any action called for in this Act for providential cause, delay in securing approval

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under the federal Voting Rights Act, or any other reason, it is the intention of the General Assembly that the action be delayed rather than abandoned. Any delay in performing any action under this Act, whether for cause or otherwise, shall not operate to frustrate the overall intent of this Act. Without limiting the generality of the foregoing it is specifically provided that:
(1) If it is not possible to hold the referendum election provided for in Section 6.01 of this Act on the date specified in that section, then such referendum shall be held as soon thereafter as is reasonably practicable; and (2) If it is not possible to hold the first regular municipal election provided for in Section 2.02 of this Act on the date specified in that section, then there shall be a special election for the initial members of the governing authority to be held as soon thereafter as is reasonably practicable, and the commencement of the initial terms of office shall be delayed accordingly.
SECTION 6.04. Charter commission.
At the first regularly scheduled city council meeting, five years after the inception of the City of Sandy Springs, the mayor and city council shall call for a charter commission to review the citys experience and recommend to the General Assembly any changes to the city charter. Members of the charter commission shall be appointed as follows: one by the mayor, one by the city council, and one by each member of the Georgia House of Representatives and Senate whose district lies wholly or partially within the corporate boundaries of Sandy Springs. All members of the charter commission must reside in Sandy Springs. The commission must complete the recommendations within six months of its creation.
SECTION 6.05. Severability.
In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
SECTION 6.06. Repealer.
All laws and parts of laws in conflict with this Act are repealed.

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APPENDIX A
The corporate limits of the City of Sandy Springs shall consist of the following described territory of Fulton County:
Beginning at the northwest corner of the City of Atlanta, as the boundaries of said city existed on January 1, 2005, at the point where the northerly city limit line of said city intersects the westerly county line of Fulton County and the Chattahoochee River, running thence generally easterly along the said northerly city limit line of the City of Atlanta, following the meanderings thereof, to the point where said line intersects the Fulton-DeKalb County line; run thence northerly, generally easterly, and generally northerly along the easterly county line of Fulton County to the point where the FultonGwinnett County line intersects the Chattahoochee River; run thence generally west and southwest along the southern bank of said river, following the meanderings thereof, to the point of beginning.
APPENDIX B
Council Districts 1 through 6 shall consist of the described territory of the City of Sandy Springs attached to this Act and made a part thereof and further identified as "Plan Name: sterling1 Plan Type: Local User: staff Administrator: Sandy Springs." 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 the City of Sandy Springs 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 the City of Sandy Springs 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 with 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.
District 001 Fulton County
Tract: 101.06 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1995 1998 1999 BG: 2

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BG: 3 Tract: 101.07 Tract: 101.08 Tract: 101.09 BG: 8 8000 8001 8002 8003 Tract: 101.11 BG: 1 1000 1001 1002 1003 1004 1005 BG: 2 2004 2005 Tract: 101.12 BG: 3 Tract: 114.11 BG: 1 1995 1996
District 002 Fulton County
Tract: 101.11 BG: 1 1999 BG: 2 2000 2001 2002 2003 BG: 3 Tract: 102.08 Tract: 102.09 Tract: 102.10 BG: 2 2000 2001 2002 2003 2005 2006 2007 2009 2998 2999 Tract: 114.05 BG: 1 1999 Tract: 114.06 BG: 1 1006 1007 1009 1995 1997 1998 1999 BG: 9 9013 9999
District 003 Fulton County
Tract: 101.10 BG: 1

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1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 Tract: 102.04 Tract: 102.05 Tract: 102.07 BG: 2 2000 Tract: 102.10 BG: 1 BG: 2 2004 2008 2010 2011
District 004 Fulton County
Tract: 101.09 BG: 6 BG: 7 BG: 8 8004 8005 8006 8007 8008 8009 8010 8011 8012 8013 8014 8015 8016 8017 8018 8019 8020 8021 8022 8023 8024 8025 8026 8027 Tract: 101.12 BG: 1
District 005 Fulton County
Tract: 100 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 BG: 4 4000 4001 4002 4003 4007 Tract: 101.01 BG: 1 1000 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 1999 BG: 2 Tract: 101.10 BG: 1 1000 1001 1002 1003 1004 1005 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018

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Tract: 102.07 BG: 2 2009 2010 2011 2012 2013 2014
District 006 Fulton County
Tract: 101.01 BG: 1 1001 Tract: 101.10 BG: 2 2019 Tract: 102.06 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4021 4022 4997 4998 4999 BG: 5 BG: 6 Tract: 102.07 BG: 1 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 BG: 3 3000 3001 3005 3010 3015 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4011 4014 4015 4016 4017 4018 4019 4020 4024 4996 4999 Tract: 98 BG: 1 1003 1004 1006
APPENDIX C
CERTIFICATE AS TO MINIMUM STANDARDS FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION
I, Representative Joe Wilkinson, Georgia State Representative from the 52nd District and the author of this bill introduced at the 2005 Session of the General Assembly of Georgia, which grants an original municipal charter to the City of Sandy Springs do hereby certify that this bill is in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. in that:
(1) This bill by its terms will not be subject to the minimum standards required on this date by Code Section 36-31-2 of the O.C.G.A., in that this bill will become effective

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only if an amendment to Code Section 36-31-2 permitting incorporation of a municipal corporation less than three miles from another municipalitys boundaries becomes effective; and (2) The area embraced within the original incorporation in this bill is in all other respects in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A.. This certificate is executed to conform to the requirements of Code Section 36-31-5 of the O.C.G.A.
So certified, this 10th day of January, 2005.
/s/ Joe Wilkinson Representative, 52nd District Georgia House of Representatives
The following amendment was read:
Representative Bruce of the 64th et al. move to amend the Committee substitute to HB 37 by striking Section 6.01 on pages 25 and 26 and inserting in its place the following:
"SECTION 6.01. Referendum and initial election.
(a) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Fulton County shall call a special election for the purpose of submitting this Act to the qualified voters of Fulton County for approval or rejection. The superintendent shall set the date of such election for the third Tuesday in June, 2005. The superintendent shall issue the call for such election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words:
'( ) YES Shall the Act incorporating the City of Sandy Springs in Fulton ( ) NO County according to the charter contained in the Act be approved?' All persons desiring to vote for approval of the Act shall vote 'Yes,' and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect as provided in Section 6.02 of this charter, otherwise it shall be void and of no force and effect. The initial expense of such election shall be borne by Fulton County. Within two years after the elections if the incorporation is approved, the City of Sandy Springs shall reimburse Fulton County for the actual cost of printing and personnel services for such election and for the initial election of the mayor and members of the city council pursuant

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to subsection (b) of Section 2.02 of this charter. It shall be the duty of the superintendent to hold and conduct such election. It shall be his or her further duty to certify the result thereof to the Secretary of State. (b) For the purposes of the referendum election provided for in this section, qualified electors of Fulton County shall be those qualified electors of Fulton County who reside anywhere within Fulton County. (c) For the purposes of the election to be held on the Tuesday after the first Monday in November, 2005, the qualified electors of the City of Sandy Springs shall be those qualified electors of Fulton County residing within the corporate limits of the City of Sandy Springs as described by Appendix A of this charter. At subsequent municipal elections, the qualified electors of the City of Sandy Springs shall be determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A., known as the 'Georgia Election Code.' (d) Only for the purposes of holding and conducting the referendum election provided for by this section and holding and conducting the election of the City of Sandy Springs to be held on the Tuesday after the first Monday in November, 2005, the election superintendent of Fulton County is vested with the powers and duties of the election superintendent of the City of Sandy Springs and the powers and duties of the governing authority of the City of Sandy Springs."

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

Y Abdul-Salaam N Amerson
Anderson N Ashe N Barnard E Barnes N Bearden Y Beasley-Teague Y Benfield N Benton N Black Y Bordeaux N Borders N Bridges Y Brooks N Brown Y Bruce E Bryant Y Buckner, D
Buckner, G Burkhalter N Burmeister N Burns N Butler N Byrd N Carter

N Crawford N Cummings N Davis N Day Y Dean N Dickson E Dodson N Dollar Y Drenner Y Dukes N Ehrhart N England E Epps N Fleming N Floyd, H N Floyd, J Y Fludd N Forster
Franklin N Freeman N Gardner N Geisinger N Golick N Graves, D N Graves, T N Greene

Y Holmes N Holt N Horne N Houston Y Howard E Hudson Y Hugley Y Jackson N Jacobs Y James N Jamieson N Jenkins E Jennings N Johnson Y Jones, J Y Jones, S Y Jordan N Keen N Keown N Kidd N Knight N Knox N Lakly N Lane, B N Lane, R N Lewis

N Maxwell N May N McCall Y McClinton N Meadows N Millar N Miller N Mills Y Mitchell Y Morgan N Morris Y Mosby N Mosley N Mumford N Murphy, J Y Murphy, Q N Neal N Oliver N O'Neal Y Orrock E Parham E Parrish N Parsons N Porter N Powell N Ralston

Y Sailor N Scheid N Scott, A N Scott, M N Setzler Y Shaw N Sheldon N Sims, C Y Sims, F Y Sinkfield
Smith, B N Smith, L N Smith, P N Smith, R N Smith, T N Smith, V
Smyre Y Stanley-Turner N Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin N Walker

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Casas N Chambers
Channell N Cheokas N Coan N Cole N Coleman, B N Coleman, T N Cooper N Cox

Y Hanner N Harbin N Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree
Henson N Hill, C N Hill, C.A

N Lindsey N Lord N Loudermilk E Lucas N Lunsford N Maddox Y Mangham N Manning N Marin N Martin

Y Randall N Ray E Reece, B N Reece, S N Reese N Rice N Roberts N Rogers N Royal
Rynders

Y Warren Y Watson N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R N Wix N Yates
Richardson, Speaker

On the adoption of the amendment, the ayes were 43, nays 116.

The amendment was lost.

Representative Jones of the 46th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

The following amendment was read and adopted:

Representative Wilkinson of the 52nd moves to amend the Committee substitute to HB 37 by striking all matter on line 4 of page 31 and inserting in place thereof the following:

"sterling1R Plan Type: Local User: Gina Administrator: Sandy Springs.'"

By striking in its entirety the Redistricting Plan Components Report consisting of the two pages designated "Page 1" and "Page 2" that follow page 31 of the bill and precede Appendix C and inserting in place thereof the Redistricting Plan Components Report attached to and made part of this amendment and further identified as "Plan Name: sterling1R Plan Type: Local User: Gina Administrator: Sandy Springs."

The Committee substitute, as amended, was adopted.

The Speaker assumed the Chair.

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 Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard

Y Crawford Y Cummings Y Davis Y Day Y Dean

N Holmes Y Holt Y Horne Y Houston N Howard

Y Maxwell Y May Y McCall N McClinton Y Meadows

N Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler

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1743

E Barnes Y Bearden N Beasley-Teague N Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges N Brooks Y Brown N Bruce E Bryant Y Buckner, D
Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers
Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Dickson E Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England E Epps Y Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster
Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A

E Hudson N Hugley N Jackson Y Jacobs N James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox N Mangham Y Manning Y Marin Y Martin

Y Millar Y Miller Y Mills N Mitchell
Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal Y Oliver Y O'Neal N Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston N Randall Y Ray E Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal
Rynders

Y Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton Y Teilhet N Thomas, A.M Y Thomas, B Y Tumlin Y Walker N Warren N Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 127, nays 35.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Lunsford of the 110th moved that the following Bill of the House be withdrawn from the Rules Calendar and recommitted to the Committee on Rules:

HB 83. By Representatives Lunsford of the 110th, Harbin of the 118th, Lord of the 142nd, Burmeister of the 119th, Keen of the 179th and others:

A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Small Business Employee Choice of Benefits Health Insurance Plan Act"; to provide a short title; to provide for legislative intent; to provide definitions; to provide that insurers must offer certain employees and consumers a choice between Small Business Employee Choice of Benefits Health Insurance Plan hospitalization

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policies or contracts not subject to state mandated health benefits and other policies or contracts subject to state mandated health benefits; to provide exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes.

The motion prevailed.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Judiciary Non-Civil and referred to the Committee on Science and Technology:

SB 62.

By Senators Shafer of the 48th, Staton of the 18th, Heath of the 31st and Hill of the 32nd:

A BILL to be entitled an Act to provide for a short title; to provide for legislative findings; to amend Title 16 of the Official Code of Georgia Annotated, relating to computer systems protections, so as to add a new part to create the new crime of initiation of deceptive commercial e-mail; to provide for definitions; to provide for criminal penalties; to provide for civil relief and venue for civil proceedings; to provide for certain prosecuting officials to prosecute deceptive commercial e-mail; to provide for applicability; to provide for exceptions; to change provisions relating to the definition of racketeering activity in the Georgia RICO Act; to provide for related matters; to repeal conflicting laws; and for other purposes.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Science and Technology and referred to the Committee on Judiciary NonCivil:

HB 649. By Representatives Cox of the 102nd, Geisinger of the 48th, Maxwell of the 17th and Coan of the 101st:

A BILL to be entitled an Act to amend Article 8 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving identity fraud, so as to provide that any person who is engaged in any business which involves the collection or maintenance of identifying information with respect to consumers shall have a duty to maintain such identifying information in a manner which is secure against unauthorized disclosure; to require prompt notification to a consumer if the security of that consumers identifying information is or may have been breached; to provide for criminal penalties and civil and administrative remedies; to repeal conflicting laws; and for other purposes.

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By unanimous consent, HB 292 was postponed until the next legislative day.
Representative Ray of the 136th moved that the following Bill of the House be withdrawn from the Rules Calendar and recommitted to the Committee on Rules:
HB 103. By Representatives Ray of the 136th, Royal of the 171st, Crawford of the 127th and Lane of the 158th:
A BILL to be entitled an Act to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to change certain provisions relating to the notice period required prior to sale under a tax execution; to change certain provisions relating to amount payable for redemption; to provide an effective date; to repeal conflicting laws; and for other purposes.
The motion prevailed.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on State Planning & Community Affairs and referred to the Committee on Ways & Means:
HB 39. By Representatives Holmes of the 61st, Orrock of the 58th, Brooks of the 63rd, Thomas of the 55th, Bruce of the 64th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 50 of the O.C.G.A., relating to the Department of Community Affairs, so as to create the Council on Affordable Housing; to provide for its membership, officers, duties, and responsibilities; to provide for filling vacancies on the council; to require counties and municipalities to provide their fair share of affordable housing opportunities within their communities; to provide for certain incentives; to provide for regional contribution agreements; to provide for the submission, review, and certification of plans; to provide for mediation and certain hearings under certain circumstances; to provide for certain protections for approved plans; to provide for certain presumptions; to provide for certain assistance in housing; to provide for certain reports to the General Assembly; to provide for related matters; to repeal conflicting laws; and for other purposes.
By unanimous consent, HB 664 having been previously postponed, was again postponed until the next legislative day.
The following Resolutions of the House were read and adopted:

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HR 447. By Representatives Mangham of the 94th, Stephenson of the 92nd and Watson of the 91st:
A RESOLUTION commending the Africa Society of The National Summit on Africa, its Georgia members, member organizations, and NSA related providers; and for other purposes.
HR 448. By Representatives Mangham of the 94th, Stephenson of the 92nd and Watson of the 91st:
A RESOLUTION declaring September 9, 2005, as "Liturgical Dance Day"; and for other purposes.
HR 449. By Representative Fludd of the 66th:
A RESOLUTION honoring Miss Christine Fludd on the occasion of her high school graduation; and for other purposes.
HR 450. By Representative Hembree of the 67th:
A RESOLUTION commending Jana C. Pickard as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
HR 451. By Representative Hembree of the 67th:
A RESOLUTION commending Cassandra Denise Cheevers as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
HR 452. By Representative Hembree of the 67th:
A RESOLUTION commending Jared Miley as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
HR 453. By Representative Hembree of the 67th:
A RESOLUTION commending Justin Thomas Ford as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.

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HR 454. By Representative Hembree of the 67th:
A RESOLUTION commending Bradley A. Hobbs as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
HR 455. By Representative Hembree of the 67th:
A RESOLUTION commending Chi K. Vuong as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
HR 456. By Representative Hembree of the 67th:
A RESOLUTION commending Ollena Shonta Harris as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
HR 457. By Representative Hembree of the 67th:
A RESOLUTION commending Teresa Velzy Bowers as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
HR 458. By Representative Hembree of the 67th:
A RESOLUTION commending Jason Stewart McNeely as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
HR 459. By Representative Hembree of the 67th:
A RESOLUTION commending Maria D. Aldridge as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
HR 460. By Representative Hembree of the 67th:
A RESOLUTION commending Sara Senters as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.

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HR 461. By Representative Hembree of the 67th:
A RESOLUTION commending Vedran Gruda as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
HR 462. By Representative Hembree of the 67th:
A RESOLUTION commending Laura K. Williamson as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
HR 463. By Representative Hembree of the 67th:
A RESOLUTION commending Susie Marie Forbes as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
HR 464. By Representative Hembree of the 67th:
A RESOLUTION commending Ashli Nicole Bartlett as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
HR 465. By Representative Hembree of the 67th:
A RESOLUTION commending Senobia M. Garrett as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
HR 466. By Representative Hembree of the 67th:
A RESOLUTION commending David Scott Collier as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
HR 467. By Representative Hembree of the 67th:
A RESOLUTION commending Carrie L. Ashley as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.

THURSDAY, MARCH 10, 2005

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HR 468. By Representative Hembree of the 67th:
A RESOLUTION commending Rebecca Anne Murphy as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
HR 469. By Representative Hembree of the 67th:
A RESOLUTION commending Sheena Zachery as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
HR 470. By Representative Hembree of the 67th:
A RESOLUTION commending Eva Ann Whitehead as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
HR 471. By Representative Hembree of the 67th:
A RESOLUTION commending Charles Doxley as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
HR 472. By Representative Hembree of the 67th:
A RESOLUTION commending Kaedy Leigh Cawthon as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
HR 473. By Representative Hembree of the 67th:
A RESOLUTION commending Jeffrey Brandon Padgett as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
HR 474. By Representative Hembree of the 67th:
A RESOLUTION commending Carla O'Neal as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.

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HR 475. By Representative Hembree of the 67th:
A RESOLUTION commending Sheena Travis-Bell as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
HR 476. By Representative Hembree of the 67th:
A RESOLUTION commending Allison R. Popplewell as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
HR 477. By Representative Hembree of the 67th:
A BILL commending Jacquelyn J. Fisher as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
HR 478. By Representative Hembree of the 67th:
A RESOLUTION commending Ashley Askew as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
HR 479. By Representative Hembree of the 67th:
A RESOLUTION commending Julia Raykin as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
HR 480. By Representative Hembree of the 67th:
A RESOLUTION commending Matthew Tyler Crim as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
HR 481. By Representative Hembree of the 67th:
A RESOLUTION commending Danielle Pauline Burns as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
HR 482. By Representative Hembree of the 67th:
A RESOLUTION commending Jeanne R. Cooper as a University System of

THURSDAY, MARCH 10, 2005

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Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
HR 483. By Representative Hembree of the 67th:
A RESOLUTION commending Rachel Nicole Mack as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
HR 496. By Representatives O`Neal of the 146th and Talton of the 145th:
A RESOLUTION commending Mamie C. Johnson; and for other purposes.
HR 497. By Representatives Houston of the 170th, Royal of the 171st and Rynders of the 152nd:
A RESOLUTION recognizing and commending Emily Wall for outstanding contributions to public education in the State of Georgia; and for other purposes.
HR 498. By Representatives Houston of the 170th, Chambers of the 81st, Murphy of the 23rd, Reece of the 11th and Hill of the 180th:
A RESOLUTION celebrating the birth of Jonathan David Casas; and for other purposes.
HR 499. By Representative Jamieson of the 28th:
A RESOLUTION expressing regret at the passing of Noel Hayes "Hob" Hobgood, Jr., and Mary Bob Acree Hobgood; and for other purposes.
HR 500. By Representative Jenkins of the 8th:
A RESOLUTION commending the Blairsville Scottish Festival and Highland Games; and for other purposes.
HR 501. By Representative Coleman of the 144th:
A RESOLUTION declaring Saturday, March 26, 2005, Georgia State Air Show Day at the Heart of Georgia Regional Airport in Eastman, Georgia; and for other purposes.

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HR 502. By Representative Greene of the 149th:
A RESOLUTION commending the State Champion Randolph Southern School Basketball team; and for other purposes.
HR 503. By Representative Greene of the 149th:
A RESOLUTION recognizing and commending Corporal Douglas Edwards; and for other purposes.
HR 504. By Representatives Williams of the 4th, Dickson of the 6th and Forster of the 3rd:
A RESOLUTION recognizing and commending Leadership DaltonWhitfield for 20 years of community leadership and its sponsor, the DaltonWhitfield Chamber of Commerce; and for other purposes.
HR 505. By Representatives Cummings of the 16th, Powell of the 29th, Floyd of the 147th, Harbin of the 118th, Bearden of the 68th and others:
A RESOLUTION recognizing the month of May, 2005, as "Motorcycle Awareness and You Month" in Georgia; and for other purposes.
HR 506. By Representatives Jackson of the 161st, Heard of the 114th, Mangham of the 94th and Bordeaux of the 162nd:
A RESOLUTION honoring Deacon Floyd Edwin Charles Morris on his lifetime of outstanding community service and personal achievement; and for other purposes.
HR 507. By Representatives Buckner of the 76th, Kidd of the 115th, Anderson of the 123rd, Orrock of the 58th, Buckner of the 130th and others:
A RESOLUTION commending Dawn A. Randolph for her service to her community; and for other purposes.
HR 508. By Representatives Smith of the 168th, Richardson of the 19th, Sims of the 169th and Coleman of the 144th:
A RESOLUTION commending and congratulating Joe Sports; and for other purposes.

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HR 509. By Representative Jamieson of the 28th:
A RESOLUTION commending Dustin Lee Walker; and for other purposes.
HR 510. By Representative Jamieson of the 28th:
A RESOLUTION commending Martin Daniel Eckles; and for other purposes.
HR 511. By Representatives Wilkinson of the 52nd, Lindsey of the 54th, Holmes of the 61st and Ashe of the 56th:
A RESOLUTION recognizing the many valuable contributions of BOMA Atlanta and declaring March 17, 2005, BOMA Day at the Capitol; and for other purposes.
Representative Hembree of the 67th District, Chairman of the Committee on Higher Education, submitted the following report:
Mr. Speaker:
Your Committee on Higher Education 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 343 Do Pass
Respectfully submitted, /s/ Hembree of the 67th
Chairman
Representative Fleming of the 117th moved that the House do now adjourn until 9:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 9:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Friday, March 11, 2005

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:

E Abdul-Salaam Amerson Barnard
E Barnes E Bearden
Benton Bridges Brooks Brown E Bryant Burmeister Burns Byrd Carter Casas Chambers Cheokas Cole Coleman, B Cooper Cox Cummings

Davis Dickson E Dodson Dukes England E Epps Fleming Floyd, J Forster Franklin Gardner Graves, D Graves, T Greene Hatfield Heard, J Heard, K Hembree Hill, C Hill, C.A Howard E Hudson

Jacobs James Jamieson Jennings Johnson Jones, S Keen Kidd Knox Lakly Lane, B Lane, R Lewis Lindsey Lord Loudermilk E Lucas Lunsford Maddox Manning Marin Martin

Maxwell May Meadows Miller Mills Mitchell Mosley Mumford Murphy, J Neal Oliver O'Neal Parham E Parrish Parsons Reece, B Reece, S Rice Rogers Royal Rynders Scott, M

Shaw Sheldon Sims, F Smith, B Smith, L Smith, P Smith, V Stephens Talton Teilhet Thomas, B Tumlin Walker Warren Watson Wilkinson Williams, A Williams, E Williams, R Yates Richardson, Speaker

The following members were off the floor of the House when the roll was called:

Representatives Anderson of the 123rd, Ashe of the 56th, Beasley-Teague of the 65th, Black of the 174th, Bordeaux of the 162nd, Borders of the 175th, Bruce of the 64th, Buckner of the 130th, Burkhalter of the 50th, Butler of the 18th, Channell of the 116th, Coleman of the 144th, Crawford of the 127th, Dean of the 59th, Dollar of the 45th, Drenner of the 86th, Ehrhart of the 36th, Floyd of the 99th, Fludd of the 66th, Golick of the 34th, Hanner of the 148th, Harbin of the 118th, Heckstall of the 62nd, Henson of the 87th, Horne of the 71st, Houston of the 170th, Hugley of the 133rd, Jackson of the 161st, Jenkins of the 8th, Jordan of the 77th, McCall of the 30th, McClinton of the 84th, Millar of the 79th, Morris of the 155th, Mosby of the 90th, Murphy of the 120th, Porter of the 143rd, Powell of the 29th, Ralston of the 7th, Randall of the 138th, Ray of the 136th, Reese of the 98th, Roberts of the 154th, Sailor of the 93rd, Scheid of the 22nd, Scott of the 153rd, Setzler of the 35th, Sims of the 169th, Sinkfield of the 60th, Smith of the 129th, Smith of the 168th, Smyre of the 132nd, Stanley-Turner of the 53rd, Stephenson of the 92nd, Thomas of the 55th, Willard of the 49th, and Wix of the 33rd.

FRIDAY, MARCH 11, 2005

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They wish to be recorded as present.
Prayer was offered by Dr. Sam Matthews, First United Methodist Church, Marietta, Georgia.
The members pledged allegiance to the flag.
Representative Heard of the 104th, Chairman of the Committee on Information and Audits, 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 were introduced, read the first time and referred to the Committees:
HB 740. By Representatives Mangham of the 94th, Brooks of the 63rd, Franklin of the 43rd and Stephenson of the 92nd:
A BILL to be entitled an Act to amend Part 5 of Article 9 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to electronic recording voting systems, so as to require 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

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matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 741. By Representatives Mangham of the 94th, Stephenson of the 92nd, Fludd of the 66th, Sinkfield of the 60th and Benfield of the 85th:
A BILL to be entitled an Act to amend Part 1 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure generally, so as to allow for the right of redemption of foreclosed mortgages under certain circumstances; to provide for related matters; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 742. By Representative Mangham of the 94th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit with respect to qualified broadband equipment for a limited period of time; to provide for definitions; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 743. By Representatives Mangham of the 94th, Brooks of the 63rd, Bordeaux of the 162nd, Watson of the 91st, Porter of the 143rd and others:
A BILL to be entitled an Act to amend Code Section 21-2-380 of the Official Code of Georgia Annotated, relating to definition of absentee elector, so as to extend the time for advanced voting; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 744. By Representatives Ray of the 136th and James of the 135th:

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A BILL to be entitled an Act to amend an Act creating a board of commissioners for Peach County, approved March 10, 1964 (Ga. L. 1964, p. 2627), as amended, so as to provide for filling of vacancies in the board; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 745. By Representatives Crawford of the 127th and Ray of the 136th:
A BILL to be entitled an Act to provide that future elections for the office of chief magistrate of Upson County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 746. By Representative Coleman of the 144th:
A BILL to be entitled an Act to amend Code Section 12-5-105 of the Official Code of Georgia Annotated, relating to ground-water withdrawal permits for farm uses, notice of transfer or modification in use or capacity, nonuse, suspension or modification, priority uses, reporting and measuring water withdrawals, and no effect on existing common or statutory law, so as to provide that no fees or charges shall be made for such permits or related water-measuring devices but that such devices shall remain the property of the State Soil and Water Conservation Commission; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 747. By Representatives Watson of the 91st, Maxwell of the 17th, Tumlin of the 38th and Manning of the 32nd:
A BILL to be entitled an Act to amend Chapter 11 of Title 31 of the O.C.G.A., relating to emergency medical services, so as to include providers of emergency prehospital health care and emergency medical transportation within the definition of emergency medical providers; to include the services of such providers within the definition of emergency services; to amend Title 33 of the O.C.G.A., relating to insurance, so as to include providers of emergency prehospital health care and emergency medical transportation within the definition of emergency medical providers; to prevent insurers from penalizing covered persons for using certain ambulance services; to

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include licensed ambulance services within the list of nonparticipating and nonpreferred providers of health care services who are entitled to receive payment of assigned benefits directly from an insurer; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 748. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to amend an Act incorporating the City of Toccoa, approved December 20, 1897 (Ga. L. 1897, p. 341), as amended, so as to change and extend the corporate limits of said city; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 749. By Representative Cummings of the 16th:
A BILL to be entitled an Act to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firefighters Pension Fund, so as to provide for creditable service in the fund for certain active military duty; to provide for the calculation of creditable service on a monthly basis; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 750. By Representatives Harbin of the 118th and Fleming of the 117th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special motor vehicle license plates, so as to provide for special plates to promote stroke awareness and to benefit the Center for Telehealth of the Medical College of Georgia; to provide for the design and issuance of such plates; to provide for fees; to provide for reports and intent with respect to funds; to provide for other related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 751. By Representatives Royal of the 171st, Houston of the 170th and Rynders of the 152nd:

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A BILL to be entitled an Act to amend an Act re-creating the board of commissioners of Colquitt County, approved March 24, 1974 (Ga. L. 1974, p. 3078), as amended, so as to change certain provisions regarding the compensation and qualifications of the county administrator; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 752. By Representative Royal of the 171st:
A BILL to be entitled an Act to amend an Act reincorporating and providing a new charter for the City of Baconton in Mitchell County, approved February 13, 1976 (Ga. L. 1976, p. 2552), as amended, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers; to provide for authority for this Act; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 753. By Representatives England of the 108th, Ralston of the 7th, Miller of the 106th, Benton of the 31st and Bearden of the 68th:
A BILL to be entitled an Act to amend Code Section 19-13-1 of the Official Code of Georgia Annotated, relating to the definition of "family violence," so as to revise such definition; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 754. By Representative Ralston of the 7th:
A BILL to be entitled an Act to create and establish the Gilmer County Building Authority, a body corporate and politic and an instrumentality of the State of Georgia; to authorize the authority to acquire, construct, equip, maintain, and operate certain projects, including buildings and facilities for use by Gilmer County for its governmental, proprietary, and administrative functions; to provide for members of the authority and their terms, organization, and reimbursement; to provide that the property of the authority shall not be subject to levy and sale; to provide that certain moneys are trust funds; to provide that this Act shall be liberally construed; to define the scope of the authoritys operation; to provide for disposition of property upon

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authority dissolution; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 755. By Representatives England of the 108th, Benton of the 31st, Miller of the 106th, Ralston of the 7th and Bearden of the 68th:
A BILL to be entitled an Act to amend Code Section 19-13-4 of the O.C.G.A., relating to family violence protective orders, so as to provide that such orders shall prohibit the petitioner from modifying the operation of the order or permitting, inviting, or encouraging the respondent to violate the order; to prohibit certain communications by petitioners; to provide for punishment of a petitioner who commits such actions; to provide for related matters; to amend Part 2 of Article 4 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds to keep the peace, so as to provide that when an order for a bond with special conditions is issued, the court shall prohibit the person requiring the bond from permitting, inviting, or encouraging the respondent to violate the conditions of the bond and provide for enforcement through the courts contempt power; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 756. By Representatives Bearden of the 68th and Butler of the 18th:
A BILL to be entitled an Act to provide a new charter for the City of Temple; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, and prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for a mayor pro tempore; to provide for departments, boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, and other personnel; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 757. By Representative Hanner of the 148th:

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A BILL to be entitled an Act to create and establish the GeorgetownQuitman County Charter and Unification Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of said commission; to provide for the organizational meeting of the charter and unification commission and for the election of a chairperson; to provide for the powers and duties of said commission; to provide that the charter and unification commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for the expenses of the charter and unification commission and for the payment of those expenses by the governing authorities of the City of Georgetown and the County of Quitman; to provide for all procedures and other matters connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 758. By Representatives Carter of the 159th and Burns of the 157th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Rincon," approved April 4, 1997 (Ga. L. 1997, p. 3556), as amended, so as to provide that the corporate limits of such town shall not include certain property; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 759. By Representatives Ray of the 136th and James of the 135th:
A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that persons employed by a regional educational service agency shall have the option of becoming a member of the Employees Retirement System of Georgia or the Teachers Retirement System of Georgia; to provide for procedures; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 760. By Representatives Freeman of the 140th and Cole of the 125th:
A BILL to be entitled an Act to abolish the office of elected county surveyor of Jones County pursuant to Code Section 36-7-2.1 of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on State Planning & Community Affairs - Local.
HB 761. By Representatives Carter of the 159th, Stephens of the 164th, Day of the 163rd and Jackson of the 161st:
A BILL to be entitled an Act to amend an Act to create the Board of Elections of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 3784), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3784), so as to change the name of the board; to convert the board from a board of elections to a combined board of elections and registration; to change the manner of selecting members of the board; to provide for the filling of vacancies; to provide for the qualifications of members of the board; to provide for the transfer of all records, equipment, and other items of the board of registrars to the combined board; to abolish the board of registrars; 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.
HB 762. By Representative Rice of the 51st:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to add a new chapter to be known as the "Transportation of Hazardous Materials Act"; to provide a short title; to provide definitions; to provide findings of the General Assembly; to provide standards for packaging, labeling, and transportation of hazardous materials; to provide for promulgation of rules and regulations; to provide for permits; to provide for enforcement; to provide for fees; to specifically repeal Chapter 11 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of hazardous materials; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 763. By Representative Rice of the 51st:
A BILL to be entitled an Act to amend Article 1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to damages in torts generally, so as to provide for compensation for plaintiffs when a contingency fee is involved; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting opinions; and for other purposes.

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Referred to the Committee on Special Committee on Civil Justice Reform.
HB 764. By Representative Rice of the 51st:
A BILL to be entitled an Act to amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to commercial drivers licenses, so as to require applicants for a hazardous materials endorsement to successfully complete a security threat assessment; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 765. By Representative Heard of the 114th:
A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax; to provide authorization with certain conditions for consolidated governments to levy such tax; to change certain provisions authorizing certain counties and municipalities to levy such tax under certain conditions; to provide for requirements and limitations with respect thereto; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 766. By Representatives Dukes of the 150th, Rynders of the 152nd and Sims of the 151st:
A BILL to be entitled an Act to amend an Act creating the Small Claims Court of Dougherty County, now the Magistrate Court of Dougherty County, approved March 24, 1976 (Ga. L. 1976, p. 3164), as amended, particularly by an Act approved March 27, 1998 (Ga. L. 1998, p. 3844), so as to change the number of full-time magistrates serving in such court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 767. By Representatives Dukes of the 150th, Rynders of the 152nd and Sims of the 151st:

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A BILL to be entitled an Act to amend an Act creating the office of the County Administrator of Dougherty County, Georgia, approved March 11, 1975 (Ga. L. 1975, p. 2651), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4751), so as to change the contract purchase power of the county administrator; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 768. By Representatives Dukes of the 150th, Rynders of the 152nd and Sims of the 151st:
A BILL to be entitled an Act to amend an Act creating the State Court of Dougherty County, formerly known as the City Court of Albany, approved December 16, 1897 (Ga. L. 1897, p. 408), as amended, so as to change the provisions relating to the compensation of the judge of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 769. By Representatives Borders of the 175th, Black of the 174th and Shaw of the 176th:
A BILL to be entitled an Act to amend an Act establishing the ValdostaLowndes County Conference Center and Tourism Authority, approved April 9, 1999 (Ga. L. 1999, p. 4072), so as to change the membership of the authority; to change the method of appointment for one member; to add one member; 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.
HB 770. By Representatives Buckner of the 76th and Reece of the 11th:
A BILL to be entitled an Act to amend Code Section 46-5-138 of the Official Code of Georgia Annotated, relating to the creation and powers of joint emergency "911" system authorities, so as to provide for exemptions with respect to certain taxation; to provide for legislative findings and determinations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Utilities & Telecommunications.
HB 771. By Representative Buckner of the 76th:

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A BILL to be entitled an Act 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; to provide that fee revenues shall be used exclusively for the purpose of providing indigent defense services; to provide for penalties; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 772. By Representatives Rogers of the 26th, Reece of the 27th, Mills of the 25th and Benton of the 31st:
A BILL to be entitled an Act to authorize the City of Gainesville to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide 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.
HB 773. By Representatives Murphy of the 120th, Howard of the 121st, Warren of the 122nd, Anderson of the 123rd and Burmeister of the 119th:
A BILL to be entitled an Act to authorize the consolidated government of Augusta, Georgia, to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide 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.
HB 774. By Representatives Borders of the 175th, Black of the 174th and Shaw of the 176th:
A BILL To be entitled an Act to amend an Act establishing the ValdostaLowndes County Airport Authority, approved March 19, 1987 (Ga. L. 1987, p. 4495), so as to change the membership of the authority; to change the appointing authority for one member; to add one member; to provide for

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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.
HB 775. By Representatives Drenner of the 86th, Porter of the 143rd, Gardner of the 57th, Thomas of the 55th, Hugley of the 133rd and others:
A BILL to be entitled an Act to provide for legislative intent and purpose; to amend Chapter 3 of Title 46 of the O.C.G.A., relating to electrical service, so as to provide for renewable, recoverable, and recycled energy portfolio standard goals; to provide for definitions; to provide for reports, incentives, penalties, and rules and regulations; to provide for a renewable, recoverable, and recycled energy credits trading program; to provide for a registry of producers of renewable, recoverable, and recycled energy in this state; to amend Chapter 3A of Title 46 of the O.C.G.A., relating to integrated resource planning, so as to require integrated resource plans to include sufficient renewable, recoverable, and recycled energy resources to meet renewable, recoverable, and recycled energy portfolio standard goals; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Utilities & Telecommunications.
HB 776. By Representatives Tumlin of the 38th, Manning of the 32nd, Setzler of the 35th, Johnson of the 37th, Wix of the 33rd and others:
A BILL to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, so as to change the compensation of the deputy clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 777. By Representatives Jones of the 44th, Morgan of the 39th, Brooks of the 63rd and Sims of the 151st:
A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that any full-time public school employee may elect to become a member of the Teachers Retirement System of Georgia; to define certain terms; to provide for employee and employer contributions; to provide for creditable service

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for certain prior service; to provide for matters relative to the foregoing; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 778. By Representatives Jones of the 44th, Brooks of the 63rd and Manning of the 32nd:
A BILL to be entitled an Act to amend Article 4 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to right of way for motor vehicles, so as to establish that other drivers must yield the right of way to public transit buses that are merging into traffic after leaving a bus stop; 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 Transportation.
HB 779. By Representatives Stephenson of the 92nd, Mangham of the 94th, Bordeaux of the 162nd, Benfield of the 85th, McClinton of the 84th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the licensing of entities by the Department of Human Resources; to provide for opportunity for consumer participation in the disciplinary process; to provide for a short title; to provide for legislative findings; to amend Article 12 of Chapter 7 of Title 31, relating to health care data collection, so as to provide for the reporting of adverse incidents; to amend Article 2 of Chapter 34 of Title 43, relating to physicians, so as to include more consumers on the Composite State Board of Medical Examiners; to provide for an opportunity for consumer participation in the physician disciplinary process; to amend the standards for the licensing of physicians; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 780. By Representative Morris of the 155th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3927), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for

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definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 781. By Representative Morris of the 155th:
A BILL to be entitled an Act to amend an Act providing for the election of the members of the Treutlen County Board of Education, approved March 23, 1972 (Ga. L. 1972, p. 2340), as amended, particularly by an Act approved March 29, 1994 (Ga. L. 1994, p. 4414), so as to provide for the compensation of the members of the Treutlen County Board of Education; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 782. By Representative Manning of the 32nd:
A BILL to be entitled an Act to amend Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of services relating to mental health, developmental disabilities, and addictive diseases, so as to provide for a plan to provide community services to certain persons under the age of 22 years by December 31, 2006; to define terms; to provide for the goal of the plan and a date for submission of the plan; to provide for applicability of the plan; to provide for contents of the plan; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Children & Youth.
HB 783. By Representatives Byrd of the 20th, Hill of the 21st, Scheid of the 22nd and Murphy of the 23rd:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Ball Ground, approved March 28, 1990 (Ga. L. 1990, p. 4552), as amended, so as to provide for four-year terms of office for the mayor and councilmembers; to provide that persons in office on the effective date of the Act shall complete the terms for which they were elected; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on State Planning & Community Affairs - Local.
HB 784. By Representatives Byrd of the 20th, Scheid of the 22nd, Hill of the 21st and Murphy of the 23rd:
A BILL to be entitled an Act to amend an Act known as the "Cherokee County Water and Sewerage Authority Act," approved March 7, 1955 (Ga. L. 1955, p. 2943), as amended, so as to change the provisions relating to compensation of the chairperson and members; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 785. By Representative Powell of the 29th:
A BILL to be entitled an Act to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding the General Assembly, so as to provide that committees of the General Assembly shall have the ability to subpoena persons to testify before such committees and produce documents for examination by the committees; to provide for procedures for the issuance of such subpoenas; to provide for the enforcement of such subpoenas; to provide that committees may swear witnesses who appear before such committees; to provide penalties for false testimony before such committees; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 786. By Representatives Scheid of the 22nd, Byrd of the 20th, Murphy of the 23rd and Hill of the 21st:
A BILL to be entitled an Act to authorize the City of Woodstock 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.
HB 787. By Representatives Mitchell of the 88th, Watson of the 91st, Henson of the 87th, Oliver of the 83rd, Gardner of the 57th and others:

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A BILL to be entitled an Act to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p.3986), as amended, particularly by an Act approved April 14, 1997 (Ga. L. 1997, p.3822), so as to change the compensation of the sheriff; 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.
HB 788. By Representatives Watson of the 91st, Mangham of the 94th, Benfield of the 85th, Gardner of the 57th, Williams of the 89th and others:
A BILL to be entitled an Act to amend an Act providing for the DeKalb County Board of Registrations and Elections, approved June 3, 2003 (Ga. L. 2003, p. 4200), so as to change the compensation of the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 789. By Representatives Watson of the 91st, Mangham of the 94th, Oliver of the 83rd, Sinkfield of the 60th, Mitchell of the 88th and others:
A BILL to be entitled an Act to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, approved March 21, 1974 (Ga. L. 1974, p. 391), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4696), an Act approved April 15, 1992 (Ga. L. 1992, p. 6269), an Act approved March 27, 1995 (Ga. L. 1995, p. 3521), and an Act approved April 2, 1998 (Ga. L. 1998, p. 4075), so as to increase the amount of such supplement; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 790. By Representative Geisinger of the 48th:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the O.C.G.A., relating to primaries and elections generally, so as to provide a definition; to require all electronic recording voting systems to produce an elector verified, permanent paper record of the votes recorded on such systems for each elector; to provide that electors shall have an opportunity to verify such record after voting; to provide for reexamination and recertification of direct

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recording electronic voting systems under certain circumstances; to authorize the use of certain printers and printer interfaces; to authorize the use of alternative means of voting under certain circumstances; to provide for certain recounts; to provide for additional grounds for challenging an election; to provide that such paper records be the official record of the votes in an election for use in recounts and election challenge proceedings; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 791. By Representative Cheokas of the 134th:
A BILL to be entitled an Act to amend Code Section 46-5-138 of the Official Code of Georgia Annotated, relating to the creation and powers of joint emergency "911" system authorities, so as to provide for exemptions with respect to certain taxation; to provide for legislative findings and determinations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Utilities & Telecommunications.
HR 442. By Representative Hembree of the 67th:
A RESOLUTION creating the House Study Committee on the HOPE Scholarship Program; and for other purposes.
Referred to the Committee on Higher Education.
HR 443. By Representative Hembree of the 67th:
A RESOLUTION creating the Joint Study Committee on the HOPE Scholarship Program; and for other purposes.
Referred to the Committee on Higher Education.
HR 444. By Representatives Mangham of the 94th, Brooks of the 63rd, Stephenson of the 92nd and Watson of the 91st:
A RESOLUTION urging the United States Congress to create a constitutional amendment study commission to examine whether the Constitution of the United States should be amended to eliminate the electoral college and to provide for proportional representation by political party or body in Congress; and for other purposes.

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Referred to the Committee on Interstate Cooperation.
HR 445. By Representatives Mangham of the 94th, Bruce of the 64th, Porter of the 143rd, Orrock of the 58th, Brooks of the 63rd and others:
A RESOLUTION urging President Bush and the Congress of the United States to extend the provisions of Section 5 of the federal Voting Rights Act of 1965, as amended, for an additional 25 years and to expand the scope of Section 5 to apply to the entire United States; and for other purposes.
Referred to the Committee on Governmental Affairs.
HR 446. By Representatives Mangham of the 94th, Brooks of the 63rd, Hugley of the 133rd, Orrock of the 58th, Stephenson of the 92nd and others:
A RESOLUTION urging President Bush and the Congress of the United States to extend the provisions of Section 5 of the federal Voting Rights Act of 1965, as amended, for an additional 25 years; and for other purposes.
Referred to the Committee on Governmental Affairs.
HR 484. By Representative Jenkins of the 8th:
A RESOLUTION honoring the memory of Reverend George Vandiver and dedicating the Reverend George Vandiver Memorial Bridge; and for other purposes.
Referred to the Committee on Transportation.
HR 485. By Representative Jenkins of the 8th:
A RESOLUTION honoring the memory of Adam Poole Vandiver and dedicating the Adam Poole Vandiver Memorial Bridge; and for other purposes.
Referred to the Committee on Transportation.
HR 486. By Representative Scheid of the 22nd:
A RESOLUTION creating the House Ad Valorem Inventory Tax Study Committee; and for other purposes.
Referred to the Committee on Ways & Means.

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HR 488. By Representatives Keen of the 179th and Richardson of the 19th:
A RESOLUTION creating the House Education Funding Study Committee; and for other purposes.
Referred to the Committee on Ways & Means.
HR 489. By Representatives Jackson of the 161st, Stephens of the 164th, Mitchell of the 88th, Bordeaux of the 162nd, Day of the 163rd and others:
A RESOLUTION creating the House Study Committee on Georgias Oral Health; and for other purposes.
Referred to the Committee on Health & Human Services.
HR 490. By Representatives Buckner of the 76th and Reece of the 11th:
A RESOLUTION creating the Joint House-Senate Study Committee on the Restructuring of Georgia's Criminal Penalties; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HR 491. By Representative Reese of the 98th:
A RESOLUTION recognizing the development of renewable resources and recovered resources in conjunction with a comprehensive state energy policy as an issue of vital importance; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HR 492. By Representatives Stephenson of the 92nd, Watson of the 91st, Mosby of the 90th, Orrock of the 58th, McClinton of the 84th and others:
A RESOLUTION creating the Community Living Services Joint Study Committee; and for other purposes.
Referred to the Committee on Human Relations & Aging.
HR 494. By Representatives Smith of the 70th, McCall of the 30th, Reese of the 98th, Smith of the 131st, Manning of the 32nd and others:
A RESOLUTION creating the House Coastal Georgia Sound Science Initiative Study Committee; and for other purposes.

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Referred to the Committee on Science and Technology.

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

HB 44 HB 724 HB 726 HB 727 HB 728 HB 729 HB 730 HB 731 HB 732 HB 733 HB 736 HB 738 HB 739

HR 428 HR 430 SB 6 SB 69 SB 103 SB 109 SB 130 SB 136 SB 139 SB 216 SB 246 SB 247

Representative Ralston of the 7th District, Chairman of the Committee on Judiciary Non-civil, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary Non-civil 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 134 Do Pass, by Substitute

Respectfully submitted, /s/ Ralston of the 7th
Chairman

The following Resolution of the House, referred to the House Rules Subcommittee on Invites, was reported by the Committee on Rules with the following recommendation:

HR 390 Do Pass

Representative Smith of the 168th District, 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 Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 673 HB 703 HB 704 HB 706 HB 707 HB 709

Do Pass, by Substitute Do Pass Do Pass Do Pass Do Pass Do Pass

HB 711 HB 712 HB 721 HB 725 SB 104 SB 185

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Smith of the 168th
Chairman

Representative Smith of the 129th District, Chairman of the Committee on Transportation, submitted the following report:

Mr. Speaker:

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

HR 269 Do Pass, by Substitute

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

Representative O'Neal of the 146th 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 House and has instructed me to report the same back to the House with the following recommendation:

HB 361 Do Pass, by Substitute

Respectfully submitted, /s/ O'Neal of the 146th
Chairman

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

HOUSE RULES CALENDAR FRIDAY, MARCH 11, 2005

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 30th Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

Structured Rule

HR 91

DeWayne King, USMC, Memorial Bridge; designate

HR 94

Jack Shearouse Bridge; designate

HR 173

Blue Star Memorial Highway in Pembroke; designate

HR 200

Baxter Shavers Memorial Intersection; designate

HR 201

Wendell W. Thigpen Memorial Bridge; designate

HR 231

A. L. Stepp Interchange; designate

HR 295

Byron Herbert Reese Memorial Highway; dedicate portion of U. S.

Highway 129

DEBATE CALENDAR

Open Rule HB 153 HB 216 HB 236 HB 275
HB 291 HB 353
HB 355
HB 366 HB 404 HB 407
HB 418 HB 420
HB 438

Voluntary Contributions Act; enact Pseudoephedrine sales; limitations and restrictions Theft; certain services or property knowingly obtained by deception State employees; certain deferred compensation plans; transfer administration Insurance; amend Code Chapters 20A, 27, 29, and 30 Industrial Hygiene, Health Physics, and Safety Profession Recognition and Title Protection Act; enact Class Nine Fire Department Pension Fund; secretary-treasurer renamed executive director Indigents; legal defense; amend certain provisions Unemployment due to military reassignment of spouse; allow benefits Insurance; administrators; agents; insolvency pool; definitions and provisions Insurance; electronic notice of cancellation of policies to lienholders National Infantry Museum property; Columbus-Muscogee County; cession of concurrent jurisdiction to the United States Georgia War Veterans Nursing Homes; executive directors; appointment

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HB 492 HB 495 HB 520
HB 530 HB 543 HB 553
HB 613 HB 643 HB 678 HR 50 HR 193 HR 239

Judicial Retirement System; dates and election for participation; amend Teachers Retirement; reemployment of retired teachers Employment security; amend certain provisions; Department of Labor; supplemental appropriation Transportation, Department of; design-build contracts Education; local boards; allow certain donations of sick leave Education degree programs; professional associations not a condition of enrollment Drivers' licenses; bioptic drivers; change renewal period Long-Term Care Partnership Program; establish Private schools; prayer at athletic events; public school participation Joint Agricultural Education Study Committee; create Hamilton County, Tennessee; convey property Cobb County; convey property

Modified Open Rule None

Modified Structured Rule

HB 244

Elections and voting; amend provisions

Structured Rule

HB 97

Appalachian Judicial Circuit; add judge

HB 173

Ad valorem tax; veterans organizations; exemption

HB 194

Income tax credit; teleworking for limited period of time

HB 210

Income tax; exclude capital gain on certain property conversion

HB 306

Sales tax; certain tangible property used by contractors; amend provisions

HB 374

Hotel-motel tax; used for certain trails and walkways; extend

HB 431

Unclaimed property; certain abandoned dividends or credits; disposition

HB 452

Dog and cat sterilization fund; contributions; state income tax returns

HB 488

State and Local Tax Revision Act of 2005; enact

HB 505

Hotel-motel tax; review board; amend certain provisions

HB 521

Sheriffs; qualifications; certified peace officers

HB 538

Income tax; military income exclusion; amend provisions

HB 539

Georgia Entertainment Industry Investment Act; provisions

HB 559

Sales tax exemption; certain energy efficient products; limited time period

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

Respectfully submitted, /s/ Ehrhart of the 36th
Chairman

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By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 673. By Representative Sims of the 169th:
A BILL to be entitled an Act to create a board of elections and registration for Coffee 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 and compensation; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To create a board of elections and registration for Coffee 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 and compensation; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
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 the Board of Elections and Registration of Coffee County, hereinafter referred to as "the board." The board shall have the powers and duties of the former superintendent of elections of Coffee County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," relating to the conduct of primaries and elections and the former board of

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registrars of Coffee County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," relating to the registration of electors and absentee voting.
SECTION 2. The terms "election," "elector," "political party," "primary," and "public office" shall have the same meaning 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 Coffee County and "county" means Coffee County.
SECTION 3. (a) 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. (b) Each member of the Board of Commissioners of Coffee County shall nominate one member to the board. Each nominee shall be approved by a majority vote of the Board of Commissioners of Coffee County. (c) All appointments to the board shall be promptly submitted to the chief judge of the Superior Court of the Waycross Judicial Circuit for confirmation by a majority vote of the judges of the superior court of the Waycross Judicial Circuit who shall certify them to the clerk of the Superior Court of Coffee County. (d) In making the initial appointments to the board, the members shall be selected by not later than June 1, 2005. Each person appointed to the board shall serve a term of office that is concurrent with the term of the member of the Board of Commissioners of Coffee County that appointed such person. (e) At their first meeting in each odd-numbered year, the board shall elect from its members a chairperson.
SECTION 4. (a) No person who holds elective public office shall be eligible to serve as a member of the board during the term of such elective office, and the position of any member of the board shall be deemed vacant upon such members qualifying as a candidate for elective public office. (b) Members of the board must be residents of Coffee County and must have been a registered voter in Coffee County for a period of at least one year prior to the date of their appointment to the board. (c) No member of the board shall be related by blood or marriage closer than first cousins to any elected official in Coffee County nor shall any member of the board be employed by or work directly for any agency of state government or Coffee County. (d) No member of the board shall have been convicted of any felony involving moral turpitude or election fraud or have been found by any civil or administrative court or tribunal to have committed election fraud. Upon indictment of any felony involving election fraud or moral turpitude, a member shall stand immediately terminated as a matter of law.

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SECTION 5. The appointing authorities shall certify the appointment of each member of the board by filing an affidavit with the chief judge of the Superior Court of the Waycross Judicial Circuit 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. Upon confirmation by the chief judge, 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 at any time, for cause, after notice and hearing, by the board or by the chief judge of the Superior Court of the Waycross Judicial Circuit.
SECTION 7. In the event a vacancy occurs in the office of any board member before the expiration of his or her term, by removal, death, resignation, or otherwise, and there is more than one year remaining in the members term of office, the nominating member of the board of commissioners shall nominate a successor within ten business days after the occurrence of the vacancy to serve the remainder of the unexpired term as provided for in Section 3 of this Act. Otherwise, the vacancy shall be filled by appointment by the chief judge of the Superior Court of the Waycross Judicial Circuit within ten business days after the occurrence of the vacancy. Notwithstanding any other provision of this section to the contrary, if the vacancy occurs within 45 days of a primary election or is brought on by the return of an indictment against a member, the vacancy shall be filled by appointment by the chief judge of the Superior Court of the Waycross Judicial Circuit within ten business days following the occurrence of such vacancy; provided, however, that if the vacancy occurs within 45 days of an election in which the chief judge of the Superior Court of the Waycross Judicial Circuit is on the ballot for election, such vacancy shall be filled by appointment by the judge of the Superior Court of the Waycross Judicial Circuit who is most senior in time of service and who is not on the ballot for election. The clerk of the superior court shall be notified of such 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.

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SECTION 9. (a) The board shall be authorized to organize itself, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, 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 state law. 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 on the first Tuesday of each month and more often if needed in the opinion of the members. The time of such meetings shall be set by the board. Any specially called meeting shall be called by the chairperson or any three members of the board. 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. (c) Members of the board shall receive not less than $100.00 per month compensation for service on the board. The chairperson shall receive not less than $200.00 per month compensation. On primary and election days and during the period of advance voting pursuant to subsection (b) of Code Section 21-2-380 of the O.C.G.A., the chairperson and members of the board shall be compensated at the rate of $10.00 per hour. The hours of service shall be certified to the commissioners by the chairperson of the board.
SECTION 10. The board shall have the authority to contract with any municipality located within Coffee County for the holding by the board of any primary or election to be conducted within such municipality.
SECTION 11. (a) The board shall, with the approval of the commissioners, appoint an elections supervisor who shall generally supervise, direct, and control the administration of the affairs of the board pursuant to law and duly adopted resolutions of the board. The election supervisor shall not be a member of the board. The election supervisor shall be considered an employee of Coffee County and shall be entitled to the same benefits as other employees of Coffee County. The election supervisor shall be subject to all personnel and policy procedures of Coffee County. The election supervisor shall maintain regular office hours as directed by the governing authority of Coffee County. (b) The supervisor of elections shall not be an active member of any political party or body. (c) Upon indictment of any felony involving election fraud or moral turpitude, the election supervisor shall be terminated from the position as a matter of law. Such

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vacancy shall be filled by appointment of the board within ten business days following the occurrence of such vacancy. (d) The board is authorized, with the approval of the commissioners, to employ additional clerical assistants as needed to carry out the duties and functions of the board. All such clerical assistants shall be considered to be employees of Coffee County and shall be entitled to the same benefits as other employees of Coffee County. Any clerical assistants shall be subject to all personnel and policy procedures of Coffee County. Upon indictment of any felony involving election fraud or moral turpitude, a clerical assistant shall resign or be terminated from his or her position.
SECTION 12. Compensation for the members of the board, election superintendent, clerical assistants, and other employees shall be fixed by the board of commissioners in accordance with the provisions of this Act. Such compensation shall be paid wholly from county funds.
SECTION 13. (a) The Board of Commissioners of Coffee 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 Coffee County deems appropriate. (b) The commissioners shall also cause periodic audits to be made of the board and its offices.
SECTION 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for purposes of making initial appointments to the board only. This Act shall become fully effective on July 1, 2005. Upon this Act becoming fully effective, the superintendent of elections of Coffee County and the board of registrars of Coffee 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.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 703. By Representatives Mitchell of the 88th, Henson of the 87th, Millar of the 79th, Mangham of the 94th, Chambers of the 81st and others:
A BILL to be entitled an Act to amend an Act to provide a $14,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on

FRIDAY, MARCH 11, 2005

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behalf of the City of Stone Mountain for residents who are 62 years of age or older and whose net income together with the net income of the spouse who resides at the homestead of such resident does not exceed $10,000.00, approved April 9, 1999 (Ga. L. 1999, p. 3702), so as to increase the amount of such exemption to $20,000.00 of the assessed value of the homestead; 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.
HB 704. By Representative Bridges of the 10th:
A BILL to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenue for Habersham County, approved February 13, 1956 (Ga. L. 1956, p. 2077), as amended, so as to provide that the superintendent of roads shall be appointed by and serve under the direction of the county manager; to authorize the board of commissioners to establish a centralized purchasing system for the county; 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.
HB 706. By Representatives Barnes of the 78th, Dodson of the 75th, Buckner of the 76th, Jordan of the 77th and Abdul-Salaam of the 74th:
A BILL to be entitled an Act to amend an Act creating the Clayton County Water Authority, approved March 7, 1955 (Ga. L. 1955, p. 3344), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4675), so as to change the compensation of the chairperson, secretary, and other members of the 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.
HB 707. By Representative Bridges of the 10th:
A BILL to be entitled an Act to amend an Act incorporating the Town of Mount Airy, approved March 3, 1874 (Ga. L. 1874, p. 159), as amended, particularly by an Act approved August 6, 1921 (Ga. L. 1921, p. 1026), so as

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to annex certain territory into the limits of such city; 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.
HB 709. By Representatives Ray of the 136th, Cole of the 125th, Crawford of the 127th and Knight of the 126th:
A BILL to be entitled an Act to amend an Act placing the sheriff of Lamar County on a salary basis in lieu of a fee basis, approved March 10, 1965 (Ga. L. 1965, p. 2207), as amended, particularly by an Act approved April 25, 1969 (Ga. L. 1969, p. 3539), an Act approved March 30, 1971 (Ga. L. 1971, p. 2500), and an Act approved March 24, 1994 (Ga. L. 1994, p. 4084), so as to repeal certain obsolete provisions; to repeal a provision setting the sheriffs salary at $10,000.00 annually; to repeal a provision relating to filling vacancies and temporary vacancies in the office of sheriff; to repeal a provision authorizing the appointment of a chief deputy and setting the salary of such chief deputy; to repeal a provision authorizing the governing authority of Lamar County to increase the compensation of the sheriff, chief deputy, and all salaried deputies; 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.
HB 711. By Representatives Smith of the 129th and Buckner of the 130th:
A BILL to be entitled an Act to abolish the office of elected county surveyor of Harris County pursuant to Code Section 36-7-2.1 of the O.C.G.A.; 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.
HB 712. By Representatives Cole of the 125th and Freeman of the 140th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Jones County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to 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.
HB 721. By Representatives Howard of the 121st, Murphy of the 120th, Warren of the 122nd, Anderson of the 123rd and Burmeister of the 119th:
A BILL to be entitled an Act to amend an Act providing for the continued existence of the Richmond County Department of Health and for the management and control of such department by the Richmond County Board of Health, approved March 7, 1955 (Ga. L. 1955, p. 3192), as amended, particularly by an Act approved April 4, 1996 (Ga. L. 1996, p. 4102), so as to change the method for appointments; to provide a limitation of their consecutive terms of office; 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.
HB 725. By Representatives Cox of the 102nd, Mitchell of the 88th, Miller of the 106th, Floyd of the 99th and Marin of the 96th:
A BILL to be entitled an Act to amend an Act providing for the election of the Board of Education of Gwinnett County, approved April 7, 1972 (Ga. L. 1972, p. 4058), as amended, particularly by an Act approved April 9, 1993 (Ga. L. 1993, p. 5260), so as to provide for the compensation of members of the board of education; to provide for future adjustments of compensation; 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.
SB 104. By Senators Wiles of the 37th, Stoner of the 6th, Hill of the 32nd, Rogers of the 21st and Thompson of the 33rd:
A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3693), so as to change the compensation of the solicitor-general; to change the provisions relating to the compensation of assistant solicitors; to provide for related matters; 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.

SB 185. By Senators Balfour of the 9th, Shafer of the 48th, Weber of the 40th and Thompson of the 5th:

A BILL to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, approved February 12, 1960 (Ga. L. 1960, p. 110), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4295), so as to change provisions relating to the salary supplements for the judges of the Gwinnett Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.

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:

E Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard E Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black
Bordeaux Y Borders Y Bridges N Brooks Y Brown N Bruce E Bryant Y Buckner, D
Buckner, G Burkhalter Y Burmeister Y Burns Butler Y Byrd Y Carter Y Casas

Y Crawford Cummings
Y Davis Day
Y Dean Y Dickson E Dodson
Dollar Y Drenner
Dukes Y Ehrhart Y England E Epps Y Fleming E Floyd, H Y Floyd, J N Fludd
Forster Franklin Y Freeman Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner

N Holmes Y Holt Y Horne Y Houston Y Howard E Hudson N Hugley N Jackson Y Jacobs N James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J
Jones, S Jordan Y Keen Y Keown Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey

Y Maxwell Y May Y McCall
McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris
Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal
Oliver Y O'Neal E Orrock
Parham E Parrish Y Parsons
Porter Y Powell Y Ralston
Randall

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C
Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren

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Y Chambers Channell
Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Harbin Y Hatfield Y Heard, J
Heard, K Heckstall Hembree E Henson Y Hill, C Y Hill, C.A

Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox N Mangham Y Manning Y Marin Y Martin

Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R
Wix Y Yates
Richardson, Speaker

On the passage of the Bills, the ayes were 121, nays 11.

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 Senate:

SB 1.

By Senators Smith of the 52nd, Moody of the 56th, Stephens of the 27th, Hamrick of the 30th, Hill of the 32nd and others:

A BILL to be entitled an Act to amend Article I of Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to the Department of Early Care and Learning, so as to state legislative findings; to provide that the department shall develop and implement a plan for effective parent and teacher practices for early learning by children and a variety of voluntary parent education services; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 19. By Senators Johnson of the 1st, Balfour of the 9th, Wiles of the 37th, Hill of the 32nd, Williams of the 19th and others:

A BILL to be entitled an Act to amend Code Section 9-11-23 of the Official Code of Georgia Annotated, relating to class actions, so as to provide for procedures, conditions, and limitations on certification of class actions; to provide for appellate procedures relating to class actions certification; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 43. By Senators Wiles of the 37th and Douglas of the 17th:

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A BILL to be entitled an Act to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to establish the Georgia HERO (Helping Educate Reservist Offspring) Scholarship; to provide for definitions; to provide for scholarship grants; to provide for application procedures; to provide for rules and regulations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 81. By Senators Hudgens of the 47th, Carter of the 13th, Kemp of the 46th, Grant of the 25th and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Article 2 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, known as the "Patient Access to Eye Care Act" and further relating to the blindness education, screening, and treatment program, and Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to recodify the provisions relating to patient access to eye care as a portion of Title 33, the "Georgia Insurance Code"; to provide for enforcement by the Commissioner of Insurance and the powers of the Commissioner related thereto; to repeal conflicting laws; and for other purposes.
SB 86. By Senators Chapman of the 3rd, Williams of the 19th, Goggans of the 7th, Johnson of the 1st, Whitehead, Sr. of the 24th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 22 of the Official Code of Georgia Annotated, relating to general provisions applicable to eminent domain, so as to change certain provisions relating to the nature of the right of eminent domain; to provide for the limitation of public purposes for which eminent domain may be exercised; to provide for statutory construction; to provide for legislative intent; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 117. By Senators Heath of the 31st, Kemp of the 46th, Hudgens of the 47th, Bulloch of the 11th, Pearson of the 51st and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of motor vehicles generally, so as to provide that any Georgia license plate issued in the year 1970 or before shall be an authentic historical Georgia license plate; to authorize the display of such license plates on certain motor vehicles; to provide for certain computerized information; to repeal conflicting laws; and for other purposes.

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SB 126. By Senators Chance of the 16th, Seay of the 34th, Williams of the 19th, Staton of the 18th, Carter of the 13th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate promoting the Georgia Center for the Book; to provide for issuance, renewal, fees, licensing agreements, applications, donation of revenue, and transfers relative to such special 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.
SB 142. By Senators Mullis of the 53rd, Reed of the 35th, Smith of the 52nd and Zamarripa of the 36th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate promoting the 501(c)(3) foundation of the Atlanta Braves professional sports team in Georgia; to provide for issuance, renewal, fees, licensing agreements, applications, transfers, and disposition of funds relative to such special 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.
SB 168. By Senators Rogers of the 21st, Johnson of the 1st, Stephens of the 27th, Seabaugh of the 28th, Pearson of the 51st and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special license plates bearing the National Association for Stock Car Auto Racing (NASCAR) logo and promoting specific drivers or general motorsports; to support the Governors Highway Safety Program; 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 an effective date; to repeal conflicting laws; and for other purposes.
SB 201. By Senators Goggans of the 7th, Williams of the 19th, Chapman of the 3rd and Whitehead, Sr. of the 24th:

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A BILL to be entitled an Act to provide for deer management; to amend Title 27 of the O.C.G.A., relating to game and fish, so as to change certain provisions relating to revocation, suspension, denial, or nonrenewal of licenses or permits and administrative and judicial review; to change certain provisions relating to legal weapons for hunting wildlife generally; to change certain provisions relating to season and bag limits, promulgation of rules and regulations by the board, possession of more than bag limit, and reporting number of deer killed; to change certain provisions relating to hunting deer with dogs; to provide for donation of deer processed for human consumption to bona fide charitable or nonprofit organizations for service or distribution to the poor or needy; to amend Chapter 1 of Title 51; to provide a short title; to repeal conflicting laws; and for other purposes.
SB 206. By Senator Williams of the 19th:
A BILL to be entitled an Act to provide for deer management; to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunting, so as to change certain provisions relating to legal weapons for hunting wildlife generally; to change certain provisions relating to season and bag limits, promulgation of rules and regulations by the board, possession of more than bag limit, and reporting number of deer killed; to change certain provisions relating to hunting deer with dogs; to repeal conflicting laws; and for other purposes.
SB 220. By Senator Schaefer of the 50th:
A BILL to be entitled an Act to create the Rabun County Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation, to have the responsibility and authority to promote tourism, conventions, and trade shows in Rabun County, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the directorship of the authority and their terms of office, compensation, and qualifications; to provide for meetings; to provide for legislative findings and declaration of purpose; to provide for general powers; to provide for regulations; to provide for other matters relative to the foregoing and relative to the general purposes of this Act; to repeal conflicting laws; and for other purposes.
SB 235. By Senators Hamrick of the 30th and Reed of the 35th:
A BILL to be entitled an Act to amend an Act to create a new judicial circuit for the State of Georgia, to be known as the Douglas Judicial Circuit, to be composed of the County of Douglas, approved March 20, 1980 (Ga. L. 1980,

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p. 563), as amended, so as to provide for the employment by the district attorney with the approval of the board of commissioners of certain personnel; to provide that investigators employed by the district attorney shall have the powers of peace officers and shall be qualified as peace officers; to provide for related matters; to provide for applicability and automatic termination of such provision; to repeal conflicting laws; and for other purposes.
SB 238. By Senators Hill of the 32nd 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 relative to torts, so as to provide for immunity from civil liability for nonprofit organizations and individuals that financially sponsor charitable fundraising events; to provide for an exception; to repeal conflicting laws; and for other purposes.
SB 239. By Senators Mullis of the 53rd, Reed of the 35th, Smith of the 52nd, Zamarripa of the 36th and Kemp of the 46th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate promoting the 501(c)(3) foundation of the Atlanta Falcons professional sports team in Georgia; to provide for issuance, renewal, fees, licensing agreements, applications, transfers, and disposition of funds relative to such special 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.
SB 255. By Senators Douglas of the 17th, Staton of the 18th, Johnson of the 1st, Shafer of the 48th, Balfour of the 9th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates for motor vehicles, so as to provide for special license plates for families with a member serving in the military; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such license plates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 257. By Senators Douglas of the 17th, Staton of the 18th, Johnson of the 1st, Shafer of the 48th, Balfour of the 9th and others:

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A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates for motor vehicles, so as to provide for special license plates supporting Georgia troops; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such license plates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 297. By Senator Grant of the 25th:
A BILL to be entitled an Act to provide that future elections for the office of judge of the probate court of Baldwin County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 124. 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.
SR 156. By Senators Mullis of the 53rd, Thomas of the 54th, Cagle of the 49th, Smith of the 52nd, Bulloch of the 11th and others:
A RESOLUTION urging the Committee on the Implementation of Textile Agreements to approve the safeguard petitions filed by the United States textile industry; and for other purposes.
SR 280. By Senator Johnson of the 1st:
A RESOLUTION commending Thomas B. Darieng's service to Bryan County and dedicating the "Thomas B. Darieng, Sr., Highway"; and for other purposes.
SR 282. By Senator Bulloch of the 11th:
A RESOLUTION dedicating the John Lee Drake, Sr., Highway; and for other purposes.
SR 294. By Senators Thomas of the 54th, Hill of the 32nd, Heath of the 31st, Hudgens of the 47th, Kemp of the 46th and others:

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A RESOLUTION creating the Cervical Cancer Elimination Task Force; and for other purposes.
SR 298. By Senators Seabaugh of the 28th, Balfour of the 9th and Johnson of the 1st:
A RESOLUTION creating the Joint House and Senate Emerging Communications Technologies Study Committee; and for other purposes.
SR 304. By Senators Johnson of the 1st, Williams of the 19th and Kemp of the 46th:
A RESOLUTION honoring the memory of Trooper Ronnie O'Neal and Georgia's troopers who have died in the line of duty and dedicating the Fallen Troopers Memorial Highway and the Trooper Ronnie O'Neal Overpass; and for other purposes.
SR 305. By Senators Johnson of the 1st and Chapman of the 3rd:
A RESOLUTION recognizing Mack Mattingly for his many contributions to the State of Georgia and dedicating a portion of I-95 in Glynn County as the "Mack Mattingly Highway"; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 146. By Representatives Channell of the 116th, Parham of the 141st and Hudson of the 124th:
A BILL to be entitled an Act to create a board of elections and registration for Putnam County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:

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HB 466. By Representative Hanner of the 148th:
A BILL to be entitled an Act to amend an Act abolishing the office of county treasurer of Stewart County, providing for the appointment of depositories for funds, and creating the office of disbursing clerk, approved August 20, 1927 (Ga. L. 1927, p. 666), as amended, so as to change certain provisions relating to appointment and bond of the disbursing clerk; to change certain provisions relating to duties of the disbursing clerk; to repeal conflicting laws; and for other purposes.
HB 598. By Representatives Ray of the 136th and James of the 135th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Peach County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 599. By Representatives Ray of the 136th and James of the 135th:
A BILL to be entitled an Act to provide that future elections for the office of chief magistrate of Peach County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 612. By Representative Hudson of the 124th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Warren County shall be nonpartisan elections held at the time of certain general primary elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 615. By Representative McCall of the 30th:
A BILL to be entitled an Act to amend an Act providing for a Board of Commissioners for the County of Elbert, approved February 27, 1875 (Ga. L. 1875, p. 253), as amended, particularly by an Act approved September 5, 1991 (Ga. L. 1991 Ex Sess., p. 370), so as to change provisions relating to the election and powers of the chairperson of the board of commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes.

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HB 618. By Representative Fleming of the 117th:
A BILL to be entitled an Act to amend an Act to create a board of elections and registration for Lincoln County, approved April 4, 1996 (Ga. L. 1996, p. 4210), as amended, so as to provide for the appointment of the members of such board; to repeal conflicting laws; and for other purposes.
HB 619. By Representative Fleming of the 117th:
A BILL to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Lincoln, approved February 25, 1949 (Ga. L. 1949, p. 1228), so as to provide for the determination of a fiscal year by the board of commissioners; to provide for an audit in accordance with law; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 623. By Representative Cheokas of the 134th:
A BILL to be entitled an Act to amend an Act creating the Marion County Board of Elections and Registration, approved June 3, 2003 (Ga. L. 2003, p. 4474), so as to change the provisions relating to meetings of the board; to change the provisions relating to compensation of the members of the board; to repeal conflicting laws; and for other purposes.
HB 627. By Representative Hanner of the 148th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new Charter for the City of Preston in the County of Webster," approved May 17, 2004 (Ga. L. 2004, p. 4127), so as to provide for the continuation in office of the mayor and commissioners; to provide for terms and elections; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 635. By Representatives Mumford of the 95th, Mangham of the 94th, Stephenson of the 92nd and Sailor of the 93rd:
A BILL to be entitled an Act to amend an Act relating to the Rockdale Judicial Circuit and the judges thereof, approved March 27,1991 (Ga. L. 1991, p. 276), so as to make certain provisions for the court reporter or court reporters for the judicial circuit; to provide that the court reporter or court reporters for the circuit shall receive a stated salary in lieu of per diem compensation; to provide for conformity with other provisions of law and

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rules; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 636. By Representatives Mumford of the 95th, Mangham of the 94th, Stephenson of the 92nd and Sailor of the 93rd:
A BILL to be entitled an Act to amend an Act to provide a homestead exemption from City of Conyers ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for each resident of the City of Conyers, which is in lieu of and not in addition to any other homestead exemption applicable to City of Conyers ad valorem taxes for municipal purposes, approved April 19, 2001 (Ga. L. 2001, p. 4394), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5082), so as to increase the homestead exemption to $20,000.00; to provide for conditions and procedures relating thereto; to provide for a referendum; to provide for applicability; to provide an effective date and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
HB 639. By Representative Cheokas of the 134th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Ellaville, approved April 8, 2002 (Ga. L. 2002, p. 3839), as amended, so as to authorize the city council to appoint the same individual as both city manager and city clerk; to provide for the duties and powers of such city official; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 44. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to amend Code Section 42-2-11 of the Official Code of Georgia Annotated, relating to powers and duties of the Board of Corrections, so as to authorize the board to enter into contracts for the operation of private probation detention and diversion centers; to provide for rules and regulations for the operation of such centers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes
SB 98. By Senators Hudgens of the 47th, Cagle of the 49th, Johnson of the 1st, Kemp of the 46th and Douglas of the 17th:

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A BILL to be entitled an Act to amend Code Section 20-2-55 of the Official Code of Georgia Annotated, relating to per diem and expenses of local boards of education, so as to authorize the expenditure of funds for life, disability, and liability insurance, retirement and pension coverage, social security coverage, and similar benefits for members of such local boards of education; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 135. By Senators Smith of the 52nd, Hill of the 32nd, Grant of the 25th, Kemp of the 46th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to pretrial proceedings, so as to provide for procedures related to jurisdiction and indictment for children charged with crimes within the jurisdiction of superior courts; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 154. By Senators Shafer of the 48th, Fort of the 39th, Hill of the 4th, Meyer von Bremen of the 12th, Cagle of the 49th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions concerning state government, so to provide that no state agency or state officer shall accept or utilize certain grants or funds except under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 173. By Senators Unterman of the 45th, Thomas of the 54th, Smith of the 52nd and Henson of the 41st:
A BILL to be entitled an Act to amend Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to application for physicians assistant and scope of duties, so as to authorize physicians assistants to enter into certain temporary practice agreements to provide services at certain facilities; to provide conditions and limitations on such temporary practice agreements; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 175. By Senators Mullis of the 53rd, Hamrick of the 30th, Goggans of the 7th, Smith of the 52nd, Thomas of the 54th and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 11 of Title 16 of the O.C.G.A., relating to dangerous instrumentalities and practices, so as to provide for the comprehensive revision of certain provisions regarding Brady

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Law regulations; to provide a short title; to require licensed gun manufacturers, importers, and dealers to conduct the National Instant Criminal Background Check; to provide for the transfer of information to the Federal Bureau of Investigation with regard to persons involuntarily hospitalized; to provide for the regulatory authority of political subdivisions; to amend Code Section 35-3-34 of the O.C.G.A., relating to disclosure and dissemination of criminal records to private persons and businesses; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 194. By Senator Schaefer of the 50th:
A BILL to be entitled an Act to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, so as to provide that certain counties may levy and collect such a tax at the rate of 5 percent; to provide that funds shall be expended in a certain way; to repeal conflicting laws; and for other purposes.
SB 203. By Senator Wiles of the 37th:
A BILL to be entitled an Act to amend Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to public defenders, so as to authorize the recovery of attorneys fees and costs from persons who receive indigent defense services; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 225. By Senators Hudgens of the 47th, Harp of the 29th, Moody of the 56th, Rogers of the 21st and Goggans of the 7th:
A BILL to be entitled an Act to amend Chapter 10 of Title 33 of the Official Code of Georgia Annotated, relating to assets and liabilities of insurers, so as to repeal certain provisions relating to loss reserves and liability insurance and workers compensation; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 226. By Senators Smith of the 52nd, Thomas of the 54th, Mullis of the 53rd, Cagle of the 49th, Unterman of the 45th and others:
A BILL to be entitled an Act to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines, so as to provide a short title; to create the Georgia Drivers Education Commission; to provide for the membership, appointment, terms, and duties of such commission; to provide for the ability of the commission to accept federal

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grants and funds and donations from other sources and the disposition of such funds; to provide for the imposition, collection, and disposition of certain additional fees for violation of certain criminal and traffic laws of this state; to provide for appropriations; to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers licenses, so as to change the minimum age for the issuance of certain licenses and permits; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.
SB 227. By Senator Cagle of the 49th:
A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for the entering into of cap, collar, swap, and other derivative transactions regarding interest rates that manage interest rate risk or cost with respect to the issuance of certain bonds; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Georgia State Financing and Investment Commission; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 230. By Senators Hamrick of the 30th, Grant of the 25th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide definitions; to require investigative consumer reporting agencies to give notice to consumers of certain security breaches; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 231. By Senators Whitehead, Sr. of the 24th, Williams of the 19th and Goggans of the 7th:
A BILL to be entitled an Act to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation's power to contract, so as to revise the criteria for design-build contracts entered into by the department; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 253. By Senators Smith of the 52nd, Weber of the 40th, Carter of the 13th, Meyer von Bremen of the 12th and Hamrick of the 30th:

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A BILL to be entitled an Act to amend Part 4 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to manufactured or mobile homes, so as to change certain provisions relating to requirements for Certificate of Permanent Location; to change certain provisions relating to recording documents in connection with a Certificate of Permanent Location; to provide alternative methods for obtaining a Certificate of Permanent Location; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 254. By Senators Hill of the 4th, Williams of the 19th and Johnson of the 1st:
A BILL to be entitled an Act to amend Title 2 of the O.C.G.A., relating to agriculture; Title 8 of the O.C.G.A., relating to buildings; Title 15 of the O.C.G.A., relating to courts; Title 17 of the O.C.G.A., relating to criminal procedure; Title 20 of the O.C.G.A., relating to education; Title 26 of the O.C.G.A., relating to food, drugs, and cosmetics; Title 28 of the O.C.G.A., relating to the General Assembly; Title 35 of the O.C.G.A., relating to law enforcement; Title 40 of the O.C.G.A., relating to motor vehicles; Title 43 of the O.C.G.A., relating to professions; Title 45 of the O.C.G.A., relating to public officers; Title 49 of the O.C.G.A., relating to social services; and Title 50 of the O.C.G.A., relating to state government; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 270. By Senators Williams of the 19th, Whitehead, Sr. of the 24th and Kemp of the 46th:
A BILL to be entitled an Act to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the general contracting powers of the Department of Transportation, so as to permit the acceptance of solicited as well as unsolicited proposals for public-private initiatives; to allow for the disclosure of nonproprietary matters from the unsolicited and solicited proposals in order to encourage competition; to provide for a payment and performance bond sufficient to protect the interest of the public; to extend the time for submission of competing proposals; to amend Part 1 of Article 1 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the Georgia Highway Authority generally, to provide for additional definitions and powers of the authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 273. By Senators Goggans of the 7th, Seabaugh of the 28th, Williams of the 19th, Staton of the 18th, Whitehead, Sr. of the 24th and others:

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A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers licenses, so as to change the definition of a Class C license for commercial and noncommercial drivers licenses; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following resolution of the House:

HR 487. By Representatives Keen of the 179th and Porter of the 143rd:

A RESOLUTION relative to adjournment; 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 1.

By Senators Smith of the 52nd, Moody of the 56th, Stephens of the 27th, Hamrick of the 30th, Hill of the 32nd and others:

A BILL to be entitled an Act to amend Article I of Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to the Department of Early Care and Learning, so as to state legislative findings; to provide that the department shall develop and implement a plan for effective parent and teacher practices for early learning by children and a variety of voluntary parent education services; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

SB 19.

By Senators Johnson of the 1st, Balfour of the 9th, Wiles of the 37th, Hill of the 32nd, Williams of the 19th and others:

A BILL to be entitled an Act to amend Code Section 9-11-23 of the Official Code of Georgia Annotated, relating to class actions, so as to provide for procedures, conditions, and limitations on certification of class actions; to provide for appellate procedures relating to class actions certification; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Special Committee on Civil Justice Reform.

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SB 43. By Senators Wiles of the 37th and Douglas of the 17th:

A BILL to be entitled an Act to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to establish the Georgia HERO (Helping Educate Reservist Offspring) Scholarship; to provide for definitions; to provide for scholarship grants; to provide for application procedures; to provide for rules and regulations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Higher Education.

SB 44. By Senator Hamrick of the 30th:

A BILL to be entitled an Act to amend Code Section 42-2-11 of the Official Code of Georgia Annotated, relating to powers and duties of the Board of Corrections, so as to authorize the board to enter into contracts for the operation of private probation detention and diversion centers; to provide for rules and regulations for the operation of such centers; 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 81.

By Senators Hudgens of the 47th, Carter of the 13th, Kemp of the 46th, Grant of the 25th and Meyer von Bremen of the 12th:

A BILL to be entitled an Act to amend Article 2 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, known as the "Patient Access to Eye Care Act" and further relating to the blindness education, screening, and treatment program, and Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to recodify the provisions relating to patient access to eye care as a portion of Title 33, the "Georgia Insurance Code"; to provide for enforcement by the Commissioner of Insurance and the powers of the Commissioner related thereto; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Insurance.

SB 86.

By Senators Chapman of the 3rd, Williams of the 19th, Goggans of the 7th, Johnson of the 1st, Whitehead, Sr. of the 24th and others:

A BILL to be entitled an Act to amend Chapter 1 of Title 22 of the Official

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Code of Georgia Annotated, relating to general provisions applicable to eminent domain, so as to change certain provisions relating to the nature of the right of eminent domain; to provide for the limitation of public purposes for which eminent domain may be exercised; to provide for statutory construction; to provide for legislative intent; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 98.

By Senators Hudgens of the 47th, Cagle of the 49th, Johnson of the 1st, Kemp of the 46th and Douglas of the 17th:

A BILL to be entitled an Act to amend Code Section 20-2-55 of the Official Code of Georgia Annotated, relating to per diem and expenses of local boards of education, so as to authorize the expenditure of funds for life, disability, and liability insurance, retirement and pension coverage, social security coverage, and similar benefits for members of such local boards of education; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

SB 117. By Senators Heath of the 31st, Kemp of the 46th, Hudgens of the 47th, Bulloch of the 11th, Pearson of the 51st and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of motor vehicles generally, so as to provide that any Georgia license plate issued in the year 1970 or before shall be an authentic historical Georgia license plate; to authorize the display of such license plates on certain motor vehicles; to provide for certain computerized information; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Motor Vehicles.

SB 126. By Senators Chance of the 16th, Seay of the 34th, Williams of the 19th, Staton of the 18th, Carter of the 13th and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate promoting the Georgia Center for the Book; to provide for issuance, renewal, fees, licensing agreements, applications, donation of

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revenue, and transfers relative to such special 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.
Referred to the Committee on Motor Vehicles.
SB 135. By Senators Smith of the 52nd, Hill of the 32nd, Grant of the 25th, Kemp of the 46th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to pretrial proceedings, so as to provide for procedures related to jurisdiction and indictment for children charged with crimes within the jurisdiction of superior courts; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 142. By Senators Mullis of the 53rd, Reed of the 35th, Smith of the 52nd and Zamarripa of the 36th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate promoting the 501(c)(3) foundation of the Atlanta Braves professional sports team in Georgia; to provide for issuance, renewal, fees, licensing agreements, applications, transfers, and disposition of funds relative to such special 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.
Referred to the Committee on Motor Vehicles.
SB 154. By Senators Shafer of the 48th, Fort of the 39th, Hill of the 4th, Meyer von Bremen of the 12th, Cagle of the 49th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions concerning state government, so to provide that no state agency or state officer shall accept or utilize certain grants or funds except under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.

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SB 168. By Senators Rogers of the 21st, Johnson of the 1st, Stephens of the 27th, Seabaugh of the 28th, Pearson of the 51st and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special license plates bearing the National Association for Stock Car Auto Racing (NASCAR) logo and promoting specific drivers or general motorsports; to support the Governors Highway Safety Program; 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 an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 173. By Senators Unterman of the 45th, Thomas of the 54th, Smith of the 52nd and Henson of the 41st:
A BILL to be entitled an Act to amend Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to application for physicians assistant and scope of duties, so as to authorize physicians assistants to enter into certain temporary practice agreements to provide services at certain facilities; to provide conditions and limitations on such temporary practice agreements; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
SB 175. By Senators Mullis of the 53rd, Hamrick of the 30th, Goggans of the 7th, Smith of the 52nd, Thomas of the 54th and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 11 of Title 16 of the O.C.G.A., relating to dangerous instrumentalities and practices, so as to provide for the comprehensive revision of certain provisions regarding Brady Law regulations; to provide a short title; to require licensed gun manufacturers, importers, and dealers to conduct the National Instant Criminal Background Check; to provide for the transfer of information to the Federal Bureau of Investigation with regard to persons involuntarily hospitalized; to provide for the regulatory authority of political subdivisions; to amend Code Section 35-3-34 of the O.C.G.A., relating to disclosure and dissemination of criminal records to private persons and businesses; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Judiciary Non-Civil.
SB 194. By Senator Schaefer of the 50th:
A BILL to be entitled an Act to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, so as to provide that certain counties may levy and collect such a tax at the rate of 5 percent; to provide that funds shall be expended in a certain way; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
SB 201. By Senators Goggans of the 7th, Williams of the 19th, Chapman of the 3rd and Whitehead, Sr. of the 24th:
A BILL to be entitled an Act to provide for deer management; to amend Title 27 of the O.C.G.A., relating to game and fish, so as to change certain provisions relating to revocation, suspension, denial, or nonrenewal of licenses or permits and administrative and judicial review; to change certain provisions relating to legal weapons for hunting wildlife generally; to change certain provisions relating to season and bag limits, promulgation of rules and regulations by the board, possession of more than bag limit, and reporting number of deer killed; to change certain provisions relating to hunting deer with dogs; to provide for donation of deer processed for human consumption to bona fide charitable or nonprofit organizations for service or distribution to the poor or needy; to amend Chapter 1 of Title 51; to provide a short title; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
SB 203. By Senator Wiles of the 37th:
A BILL to be entitled an Act to amend Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to public defenders, so as to authorize the recovery of attorneys fees and costs from persons who receive indigent defense services; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil
SB 206. By Senator Williams of the 19th:

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A BILL to be entitled an Act to provide for deer management; to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunting, so as to change certain provisions relating to legal weapons for hunting wildlife generally; to change certain provisions relating to season and bag limits, promulgation of rules and regulations by the board, possession of more than bag limit, and reporting number of deer killed; to change certain provisions relating to hunting deer with dogs; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
SB 220. By Senator Schaefer of the 50th:
A BILL to be entitled an Act to create the Rabun County Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation, to have the responsibility and authority to promote tourism, conventions, and trade shows in Rabun County, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the directorship of the authority and their terms of office, compensation, and qualifications; to provide for meetings; to provide for legislative findings and declaration of purpose; to provide for general powers; to provide for regulations; to provide for other matters relative to the foregoing and relative to the general purposes of this Act; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 225. By Senators Hudgens of the 47th, Harp of the 29th, Moody of the 56th, Rogers of the 21st and Goggans of the 7th:
A BILL to be entitled an Act to amend Chapter 10 of Title 33 of the Official Code of Georgia Annotated, relating to assets and liabilities of insurers, so as to repeal certain provisions relating to loss reserves and liability insurance and workers compensation; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
SB 226. By Senators Smith of the 52nd, Thomas of the 54th, Mullis of the 53rd, Cagle of the 49th, Unterman of the 45th and others:
A BILL to be entitled an Act to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines, so

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as to provide a short title; to create the Georgia Drivers Education Commission; to provide for the membership, appointment, terms, and duties of such commission; to provide for the ability of the commission to accept federal grants and funds and donations from other sources and the disposition of such funds; to provide for the imposition, collection, and disposition of certain additional fees for violation of certain criminal and traffic laws of this state; to provide for appropriations; to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers licenses, so as to change the minimum age for the issuance of certain licenses and permits; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 227. By Senator Cagle of the 49th:
A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for the entering into of cap, collar, swap, and other derivative transactions regarding interest rates that manage interest rate risk or cost with respect to the issuance of certain bonds; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Georgia State Financing and Investment Commission; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
SB 230. By Senators Hamrick of the 30th, Grant of the 25th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide definitions; to require investigative consumer reporting agencies to give notice to consumers of certain security breaches; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 231. By Senators Whitehead, Sr. of the 24th, Williams of the 19th and Goggans of the 7th:

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A BILL to be entitled an Act to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation's power to contract, so as to revise the criteria for design-build contracts entered into by the department; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
SB 235. By Senators Hamrick of the 30th and Reed of the 35th:
A BILL to be entitled an Act to amend an Act to create a new judicial circuit for the State of Georgia, to be known as the Douglas Judicial Circuit, to be composed of the County of Douglas, approved March 20, 1980 (Ga. L. 1980, p. 563), as amended, so as to provide for the employment by the district attorney with the approval of the board of commissioners of certain personnel; to provide that investigators employed by the district attorney shall have the powers of peace officers and shall be qualified as peace officers; to provide for related matters; to provide for applicability and automatic termination of such provision; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 238. By Senators Hill of the 32nd 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 relative to torts, so as to provide for immunity from civil liability for nonprofit organizations and individuals that financially sponsor charitable fundraising events; to provide for an exception; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Committee on Civil Justice Reform.
SB 239. By Senators Mullis of the 53rd, Reed of the 35th, Smith of the 52nd, Zamarripa of the 36th and Kemp of the 46th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate promoting the 501(c)(3) foundation of the Atlanta Falcons professional sports team in Georgia; to provide for issuance, renewal, fees, licensing agreements, applications, transfers, and disposition of funds relative to such special license plates; to provide for related matters;

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to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 253. By Senators Smith of the 52nd, Weber of the 40th, Carter of the 13th, Meyer von Bremen of the 12th and Hamrick of the 30th:
A BILL to be entitled an Act to amend Part 4 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to manufactured or mobile homes, so as to change certain provisions relating to requirements for Certificate of Permanent Location; to change certain provisions relating to recording documents in connection with a Certificate of Permanent Location; to provide alternative methods for obtaining a Certificate of Permanent Location; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 254. By Senators Hill of the 4th, Williams of the 19th and Johnson of the 1st:
A BILL to be entitled an Act to amend Title 2 of the O.C.G.A., relating to agriculture; Title 8 of the O.C.G.A., relating to buildings; Title 15 of the O.C.G.A., relating to courts; Title 17 of the O.C.G.A., relating to criminal procedure; Title 20 of the O.C.G.A., relating to education; Title 26 of the O.C.G.A., relating to food, drugs, and cosmetics; Title 28 of the O.C.G.A., relating to the General Assembly; Title 35 of the O.C.G.A., relating to law enforcement; Title 40 of the O.C.G.A., relating to motor vehicles; Title 43 of the O.C.G.A., relating to professions; Title 45 of the O.C.G.A., relating to public officers; Title 49 of the O.C.G.A., relating to social services; and Title 50 of the O.C.G.A., relating to state government; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 255. By Senators Douglas of the 17th, Staton of the 18th, Johnson of the 1st, Shafer of the 48th, Balfour of the 9th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates for motor vehicles, so as to provide for special license plates for families with a member serving in the military; to provide for issuance, renewal, fees,

FRIDAY, MARCH 11, 2005

1811

licensing agreements, applications, and transfers relative to such license plates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 257. By Senators Douglas of the 17th, Staton of the 18th, Johnson of the 1st, Shafer of the 48th, Balfour of the 9th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates for motor vehicles, so as to provide for special license plates supporting Georgia troops; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such license plates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 270. By Senators Williams of the 19th, Whitehead, Sr. of the 24th and Kemp of the 46th:
A BILL to be entitled an Act to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the general contracting powers of the Department of Transportation, so as to permit the acceptance of solicited as well as unsolicited proposals for public-private initiatives; to allow for the disclosure of nonproprietary matters from the unsolicited and solicited proposals in order to encourage competition; to provide for a payment and performance bond sufficient to protect the interest of the public; to extend the time for submission of competing proposals; to amend Part 1 of Article 1 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the Georgia Highway Authority generally, to provide for additional definitions and powers of the authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
SB 273. By Senators Goggans of the 7th, Seabaugh of the 28th, Williams of the 19th, Staton of the 18th, Whitehead, Sr. of the 24th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and

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renewal of drivers licenses, so as to change the definition of a Class C license for commercial and noncommercial drivers licenses; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 297. By Senator Grant of the 25th:
A BILL to be entitled an Act to provide that future elections for the office of judge of the probate court of Baldwin County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SR 124. 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.
Referred to the Committee on Special Rules.
SR 156. By Senators Mullis of the 53rd, Thomas of the 54th, Cagle of the 49th, Smith of the 52nd, Bulloch of the 11th and others:
A RESOLUTION urging the Committee on the Implementation of Textile Agreements to approve the safeguard petitions filed by the United States textile industry; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
SR 280. By Senator Johnson of the 1st:
A RESOLUTION commending Thomas B. Darieng's service to Bryan County and dedicating the "Thomas B. Darieng, Sr., Highway"; and for other purposes.
Referred to the Committee on Transportation.
SR 282. By Senator Bulloch of the 11th:

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A RESOLUTION dedicating the John Lee Drake, Sr., Highway; and for other purposes.
Referred to the Committee on Transportation.
SR 294. By Senators Thomas of the 54th, Hill of the 32nd, Heath of the 31st, Hudgens of the 47th, Kemp of the 46th and others:
A RESOLUTION creating the Cervical Cancer Elimination Task Force; and for other purposes.
Referred to the Committee on Health & Human Services.
SR 298. By Senators Seabaugh of the 28th, Balfour of the 9th and Johnson of the 1st:
A RESOLUTION creating the Joint House and Senate Emerging Communications Technologies Study Committee; and for other purposes.
Referred to the Committee on Science and Technology.
SR 304. By Senators Johnson of the 1st, Williams of the 19th and Kemp of the 46th:
A RESOLUTION honoring the memory of Trooper Ronnie O'Neal and Georgia's troopers who have died in the line of duty and dedicating the Fallen Troopers Memorial Highway and the Trooper Ronnie O'Neal Overpass; and for other purposes.
Referred to the Committee on Transportation.
SR 305. By Senators Johnson of the 1st and Chapman of the 3rd:
A RESOLUTION recognizing Mack Mattingly for his many contributions to the State of Georgia and dedicating a portion of I-95 in Glynn County as the "Mack Mattingly Highway"; and for other purposes.
Referred to the Committee on Transportation.
The following members were recognized during the period of Morning Orders and addressed the House:
Amerson of the 9th, Smith of the 13th, Dean of the 59th, and Powell of the 29th.

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The following Resolution of the House was read and referred to the Committee on Rules:
HR 514. By Representatives Gardner of the 57th, Ashe of the 56th, Lindsey of the 54th and Coleman of the 97th:
A RESOLUTION recognizing and commending Morningside Elementary School on its designation as a 2005 Georgia School of Excellence in Student Achievement and inviting its principal, Ms. Catalina B. Pescatore, 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 390. By Representatives Buckner of the 130th, Smith of the 129th, Smith of the 131st, Smyre of the 132nd and Hugley of the 133rd:
A RESOLUTION welcoming and thanking the citizens, employees, and public officials of the City of Columbus, declaring March 11, 2005, Columbus Day at the capitol, and inviting the city's selected delegates 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 Resolutions of the House were taken up for consideration and read the third time:
HR 91. By Representative Sims of the 169th:
A RESOLUTION honoring the life of DeWayne King and designating the DeWayne King, USMC, Memorial Bridge; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
HR 94. By Representative Carter of the 159th:
A RESOLUTION honoring the memory of Jack William Shearouse and designating the Jack Shearouse Bridge in Chatham County; 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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HR 173. By Representatives Lane of the 158th and Stephens of the 164th:
A RESOLUTION designating a Blue Star Memorial Highway in Pembroke, Georgia; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
HR 200. By Representatives Forster of the 3rd, Dickson of the 6th and Neal of the 1st:
A RESOLUTION designating the Baxter Shavers Memorial Intersection; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
HR 201. By Representatives Roberts of the 154th, Coleman of the 144th, Smith of the 168th, Sims of the 169th and Porter of the 143rd:
A RESOLUTION designating the Wendell W. Thigpen Memorial Bridge; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
HR 231. By Representative Ralston of the 7th:
A RESOLUTION designating the A. L. Stepp Interchange; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
HR 295. By Representative Jenkins of the 8th:
A RESOLUTION honoring poet and novelist Byron Herbert Reece by dedicating a portion of U.S. Highway 129 as the "Byron Herbert Reese Memorial Highway"; 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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By unanimous consent, the following roll call vote was made applicable to the previously read Resolutions.

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

Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard E Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black
Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers
Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Crawford Y Cummings
Davis Y Day Y Dean Y Dickson E Dodson
Dollar Drenner Y Dukes Y Ehrhart Y England E Epps Y Fleming E Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Hembree E Henson Y Hill, C Y Hill, C.A

Holmes Y Holt Y Horne Y Houston
Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas
Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall
McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal
Oliver Y O'Neal E Orrock Y Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall
Ray Y Reece, B
Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield
Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V
Smyre Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker

On the adoption of the Resolutions, the ayes were 139, nays 0.

The Resolutions, having received the requisite constitutional majority, were adopted.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Judiciary Non-Civil and referred to the Committee on Health & Human Services:

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SB 109. By Senators Unterman of the 45th, Thomas of the 54th and Smith of the 52nd:
A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide for legislative findings; to provide for definitions; to provide for immunity; to provide for applicability; to provide for notification of health care providers; 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 establish the Pain Management Ad Hoc Advisory Committee; to provide for such committees membership, duties, and duration; to provide for related matters; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Natural Resources & Environment and referred to the Committee on Public Utilities & Telecommunications:
HR 491. By Representative Reese of the 98th:
A RESOLUTION recognizing the development of renewable resources and recovered resources in conjunction with a comprehensive state energy policy as an issue of vital importance; and for other purposes.
By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Science and Technology and referred to the Committee on Natural Resources & Environment:
HR 494. By Representatives Smith of the 70th, McCall of the 30th, Reese of the 98th, Smith of the 131st, Manning of the 32nd and others:
A RESOLUTION creating the House Coastal Georgia Sound Science Initiative Study Committee; and for other purposes.
The Speaker Pro Tem assumed the Chair.
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 210. By Representative Lewis of the 15th:
A BILL to be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that Georgia taxable net income of any taxpayer shall not include income which

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is attributable directly to a capital gain resulting from certain involuntary conversions of real property because of condemnation or eminent domain; 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 Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that Georgia taxable net income of any taxpayer shall not include income which is attributable directly to a capital gain resulting from certain transfers or involuntary conversions of real property with respect to condemnation or eminent domain; 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. Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, is amended by adding a new subsection at the end of Code Section 48-7-27, relating to computation of taxable net income of individuals, to be designated subsection (f) to read as follows:
"(f) Georgia taxable net income shall not include any income of a taxpayer which is attributable directly to a capital gain resulting from a transfer of real property to a potential condemnor under threat of condemnation or an involuntary conversion of real property because of condemnation or eminent domain by the state, any political subdivision thereof, or any public utility to the extent that the proceeds of the condemnation award constitute taxable gain under Section 1033 of the Internal Revenue Code."
SECTION 2. Said chapter is further amended by adding a new subsection at the end of Code Section 48-7-31, relating to taxation of corporations, to be designated subsection (f), to read as follows:
"(f) Georgia taxable net income of a foreign or domestic corporation shall not include any income of such corporation which is attributable directly to a capital gain resulting from a transfer of real property to a potential condemnor under threat of condemnation or an involuntary conversion of real property because of condemnation or eminent domain by the state, any political subdivision thereof, or any public utility to the extent that the proceeds of the condemnation award constitute taxable gain under Section 1033 of the Internal Revenue Code."

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SECTION 3. This Act shall become effective January 1, 2006, and shall be applicable to all taxable years beginning on or after January 1, 2006.

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:

Abdul-Salaam Y Amerson
Anderson N Ashe Y Barnard E Barnes Y Bearden
Beasley-Teague N Benfield N Benton N Black
Bordeaux N Borders Y Bridges N Brooks Y Brown N Bruce E Bryant N Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler N Byrd Y Carter Y Casas Y Chambers
Channell N Cheokas Y Coan N Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

N Crawford Y Cummings Y Davis Y Day
Dean N Dickson E Dodson
Dollar Y Drenner N Dukes N Ehrhart N England E Epps Y Fleming E Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Freeman N Gardner N Geisinger Y Golick Y Graves, D Y Graves, T N Greene N Hanner
Harbin Y Hatfield N Heard, J N Heard, K
Heckstall Y Hembree E Henson
Hill, C Y Hill, C.A

N Holmes Y Holt Y Horne Y Houston
Howard E Hudson N Hugley N Jackson Y Jacobs N James Y Jamieson
Jenkins N Jennings N Johnson Y Jones, J N Jones, S N Jordan Y Keen N Keown N Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis N Lindsey N Lord Y Loudermilk E Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin
Martin

Y Maxwell Y May Y McCall
McClinton Y Meadows
Millar Y Miller Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mosley N Mumford Y Murphy, J N Murphy, Q Y Neal Y Oliver Y O'Neal N Orrock Y Parham E Parrish Y Parsons N Porter Y Powell Y Ralston N Randall N Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal N Rynders

Sailor Y Scheid Y Scott, A Y Scott, M
Setzler N Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker N Warren N Watson Y Wilkinson N Willard N Williams, A N Williams, E N Williams, R N Wix E Yates
Richardson, Speaker

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On the passage of the Bill, by substitute, the ayes were 87, nays 63.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Lewis of the 15th moved that the House reconsider its action in failing to give the requisite constitutional majority to HB 210:

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

Abdul-Salaam Y Amerson
Anderson N Ashe
Barnard E Barnes Y Bearden
Beasley-Teague Benfield N Benton Y Black Bordeaux Y Borders N Bridges N Brooks Y Brown N Bruce E Bryant N Buckner, D N Buckner, G Burkhalter Y Burmeister Y Burns Y Butler N Byrd Y Carter N Casas Y Chambers Channell Y Cheokas Y Coan N Cole Y Coleman, B N Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings
Davis Y Day
Dean N Dickson E Dodson
Dollar N Drenner N Dukes N Ehrhart N England E Epps Y Fleming E Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T N Greene
Hanner Y Harbin Y Hatfield N Heard, J N Heard, K
Heckstall Y Hembree E Henson N Hill, C Y Hill, C.A

N Holmes Y Holt Y Horne Y Houston
Howard E Hudson N Hugley N Jackson Y Jacobs N James Y Jamieson
Jenkins N Jennings N Johnson Y Jones, J N Jones, S
Jordan Y Keen N Keown N Kidd Y Knight
Knox N Lakly Y Lane, B Y Lane, R Y Lewis N Lindsey N Lord Y Loudermilk E Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin Y Martin

Y Maxwell Y May Y McCall
McClinton Y Meadows Y Millar N Miller Y Mills Y Mitchell N Morgan Y Morris N Mosby Y Mosley N Mumford Y Murphy, J
Murphy, Q Neal Y Oliver Y O'Neal N Orrock Y Parham E Parrish Y Parsons N Porter Y Powell Y Ralston N Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Sailor Y Scheid Y Scott, A Y Scott, M
Setzler N Shaw N Sheldon Y Sims, C N Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker N Warren N Watson Y Wilkinson N Willard N Williams, A N Williams, E N Williams, R N Wix E Yates
Richardson, Speaker

On the motion, the ayes were 88, nays 59.

The motion prevailed.

FRIDAY, MARCH 11, 2005

1821

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

Abdul-Salaam Y Amerson
Anderson N Ashe
Barnard E Barnes Y Bearden
Beasley-Teague Benfield N Benton N Black Bordeaux N Borders Y Bridges N Brooks Y Brown N Bruce E Bryant N Buckner, D N Buckner, G Burkhalter Y Burmeister Y Burns Y Butler N Byrd Y Carter N Casas Y Chambers Channell N Cheokas Y Coan N Cole Y Coleman, B N Coleman, T Y Cooper Y Cox

N Crawford Y Cummings Y Davis Y Day N Dean N Dickson E Dodson
Dollar Y Drenner N Dukes N Ehrhart Y England E Epps Y Fleming E Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T N Greene N Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K
Heckstall Y Hembree E Henson N Hill, C Y Hill, C.A

N Holmes Y Holt Y Horne Y Houston N Howard E Hudson N Hugley N Jackson Y Jacobs N James Y Jamieson Y Jenkins N Jennings N Johnson Y Jones, J N Jones, S
Jordan Y Keen N Keown N Kidd Y Knight Y Knox N Lakly Y Lane, B Y Lane, R Y Lewis N Lindsey N Lord Y Loudermilk E Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin Y Martin

Y Maxwell Y May Y McCall
McClinton Y Meadows Y Millar Y Miller Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mosley N Mumford Y Murphy, J N Murphy, Q
Neal Y Oliver Y O'Neal N Orrock N Parham E Parrish Y Parsons N Porter Y Powell Y Ralston N Randall N Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal N Rynders

N Sailor N Scheid Y Scott, A Y Scott, M
Setzler N Shaw Y Sheldon Y Sims, C N Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker N Warren N Watson Y Wilkinson N Willard N Williams, A N Williams, E N Williams, R N Wix E Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 88, nays 66.

The Bill, having failed to receive the requisite constitutional majority, was lost.

HB 275. By Representatives Cole of the 125th, Mumford of the 95th, Golick of the 34th, Roberts of the 154th, Smith of the 129th and others:

A BILL to be entitled an Act to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to state employees insurance and benefits plans, so as to transfer administration of certain deferred

1822

JOURNAL OF THE HOUSE

compensation plans from the State Personnel Board to the Board of Trustees of the Employees Retirement System of Georgia; to provide for transfer of accounts, funds, and information; to provide for investment advisors and counselors; 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 roll call was ordered and the vote was as follows:

E Abdul-Salaam Y Amerson
Anderson Y Ashe
Barnard E Barnes Y Bearden
Beasley-Teague Benfield Y Benton Y Black Bordeaux Y Borders Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T Y Cooper Y Cox

Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson
Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly N Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall
McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw N Sheldon Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner
Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix E Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 152, nays 4.

FRIDAY, MARCH 11, 2005

1823

The Bill, having received the requisite constitutional majority, was passed.
Representative Graves of the 137th 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.
Representatives Lane of the 158th and Sheldon of the 105th stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.
HB 495. By Representatives Coleman of the 97th, Bridges of the 10th, Jamieson of the 28th, Cummings of the 16th and Jones of the 46th:
A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 47 of the O.C.G.A., relating to retirement allowances, disability benefits, and spouses benefits under the Teachers Retirement System of Georgia, so as to provide that a local school system may employ a person who was retired under the Teachers Retirement System of Georgia on December 31, 2003, in a full-time capacity in any position and such persons retirement benefit shall not be affected; to provide that the employing local school system shall pay the normal employers contribution to the retirement system for such employee; to provide that any retired member of the Teachers Retirement System of Georgia may return to full-time employment with a local school system and such persons retirement benefits shall not be affected; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
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 any employer may employ a person who was retired under the Teachers Retirement System of Georgia on December 31, 2003, in a full-time capacity in any position and such persons retirement benefit shall not be affected; to provide that such persons salary shall be commensurate with his or her position and qualifications; to provide that any such person so employed shall continue to be a beneficiary of such retirement system and shall obtain no further credit toward retirement; to provide that the employer shall pay the normal employers contribution to the retirement system for such employee; to provide that any retired member of the Teachers Retirement System of Georgia may return to full-time employment in any covered position and such persons retirement benefits shall not be affected; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, is amended by striking in its entirety Code Section 47-2127.1, relating to the employment of a retired teacher as a full-time teacher or in other capacities, and inserting in lieu thereof the following:
"47-3-127.1. (a) As used in this Code section, the term:
(1) 'Classroom teacher' means a certified teacher of pre-kindergarten through grade 12 employed by the public schools who has as his or her primary responsibility the academic instruction of students in a classroom. (2) 'Retired teacher' 'retired teacher' means a member beneficiary of this retirement system who was retired on a service retirement on December 31, 2003. (b)(1) A local school system An employer may employ a retired teacher as on a fulltime basis classroom teacher, principal, superintendent, counselor, or librarian and such person shall be subject to the provisions of subsection (c) of this Code section; provided, however, that a member retired teacher who retired as a principal may not be employed as a principal in the same school in which he or she was so employed prior to his or her retirement, and a member retired teacher who retired as a school superintendent may not be employed as a school superintendent by the same school system in which such person was so employed prior to his or her retirement. (2) The salary paid to any retired teacher employed under this Code section shall be commensurate with the position and the individuals qualifications. Teachers Retired teachers paid under this Code section shall be reported to the state at the certificate and experience level at which the teacher is assigned. No such retired teacher shall receive any further creditable service as a result of such employment and shall in all ways be considered by this retirement system solely as a retired teacher. (3) A public school system An employer employing a retired teacher subject to this subsection shall pay all employer contributions to this retirement system as otherwise provided in this chapter; provided, however, that no such retired teacher shall receive any further creditable service as a result of such employment and shall in all ways be considered by this retirement system solely as a retired teacher beneficiary. (c) Any other provision of this article to the contrary notwithstanding, a retired teacher may return to full-time service as a classroom teacher, principal, superintendent, counselor, or librarian in any covered position and such members retired teachers benefits under this article shall not be affected. Any such retired teacher so employed shall not be considered an active member of this retirement system and shall not accrue any additional benefits or further creditable service as a result of such employment and shall in all ways be considered by this retirement system solely as a retired teacher beneficiary. The provisions of this subsection shall not become a part of the employment contract and shall be subject to future legislation."

FRIDAY, MARCH 11, 2005

1825

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:

E Abdul-Salaam Y Amerson
Anderson Ashe Barnard E Barnes Y Bearden Beasley-Teague Y Benfield Y Benton Black Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G Burkhalter Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson
Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin
Martin

Y Maxwell May
Y McCall McClinton
Y Meadows Millar
Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal
Oliver Y O'Neal Y Orrock
Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall
Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E
Williams, R Y Wix E Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 147, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

1826

JOURNAL OF THE HOUSE

Representative Barnard of the 166th 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 153. By Representatives Forster of the 3rd, Coan of the 101st, Williams of the 4th, Ralston of the 7th, Scheid of the 22nd and others:
A BILL to be entitled an Act to enact the "Voluntary Contributions Act"; to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to place certain limitations on labor organizations with regard to the funding for certain political activities; to provide for definitions; to provide for the use of separate, segregated funds for political activity expenditures; to provide for certain limitations on the solicitation of funds for such activities; to provide penalties; to require certain filings and disclosures; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL
To enact the "Voluntary Contributions Act"; to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to place certain limitations on labor organizations with regard to the funding for certain political activities; to provide for definitions; to provide for the use of certain separate, segregated funds for political activity expenditures; to provide for certain limitations on the solicitation of funds for such activities; to provide penalties; to require certain filings and disclosures; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Voluntary Contributions Act."
SECTION 2. Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, is amended by adding a new Article 5 to read as follows:
"ARTICLE 5
21-5-90. As used in this article, the term:

FRIDAY, MARCH 11, 2005

1827

(1) 'Ballot proposition' includes referenda, proposed constitutional amendments, and any other question submitted to the electors of this state for approval or rejection. (2) 'Filing entity' means a candidate, campaign committee, officeholder, political committee, political party or body, and each other entity required to file disclosure reports under Code Section 21-5-34. (3) 'Fund' means the separate, segregated fund established by a labor organization for political purposes according to the procedures and requirements of this article. (4) 'Labor organization' means any association or organization of employees and any agency, employee representation committee, or plan in which employees participate that exists, in whole or in part, to advocate on behalf of employees about grievances, labor disputes, wages, rates of pay, hours, or conditions of employment. 'Labor organization' includes each employee association and union for employees of public sector employers. (5) 'Political activities' means independent expenditures or expenditures made to or on behalf of any candidate, political party or body, political action committee, or ballot proposition campaign. (6) 'Public employee' means an employee of the State of Georgia or any political subdivision thereof. (7) 'Union dues' means dues, fees, or other moneys paid by an employee of the State of Georgia or any political subdivision thereof required as a condition of membership in a labor organization.
21-5-91. (a) A labor organization may only make expenditures for political activities from funds solicited from public employees if the labor organization establishes a separate, segregated fund that meets the requirements of this article. (b) A labor organization shall ensure that:
(1) In soliciting contributions for the fund from public employees, the solicitor discloses, in clear and unambiguous language on the face of the solicitation, that contributions are voluntary and that the fund is a political fund and will be expended for political activities; (2) Union dues paid by public employees are not used for political activities, transferred to the fund, or intermingled in any way with fund moneys; (3) The cost of administering the fund is paid from fund contributions and not from union dues; and (4) Each contribution is voluntary and is made by the member and not from or by the employer of the member. (c) At the time the labor organization is soliciting contributions for the fund from a public employee, the labor organization shall: (1) Affirmatively inform the employee, orally or in writing, of the funds political purpose; and

1828

JOURNAL OF THE HOUSE

(2) Affirmatively inform the employee, orally or in writing, of the employees right to refuse to contribute without fear of reprisal or loss of membership in the labor organization. (d) The labor organization shall maintain records to establish that the requirements of subsections (b) and (c) of this Code section are met. (e) Notwithstanding the requirements of paragraph (2) of subsection (b) of this Code section, a labor organization may use union dues to communicate directly with its own members about political candidates, ballot propositions, and other political issues.
21-5-92. (a) It is unlawful for a labor organization to make expenditures for political activities by using contributions from public employees secured by physical force or threat of force, job discrimination or threat of job discrimination, membership discrimination or threat of membership discrimination, or economic reprisals or threat of economic reprisals. (b) When a labor organization is soliciting contributions for a fund from a public employee, it is unlawful for a labor organization to fail to:
(1) Affirmatively inform the employee, orally or in writing, of the funds political purpose; and (2) Affirmatively inform the employee, orally or in writing, of the employees right to refuse to contribute without fear of reprisal or loss of membership in the labor organization. (c) It is unlawful for a labor organization to pay a member for contributing to the fund by providing a bonus, expense account, rebate of union dues, or by any other form of direct or indirect compensation. (d) Any person or entity violating the provisions of this Code section shall be guilty of a misdemeanor.
21-5-93. Each fund established by a labor organization under this article shall register as a campaign committee pursuant to Code Section 21-5-30, shall maintain and make available for inspection the same records and accounts as candidates pursuant to Code Section 21-5-31, and shall file the same disclosure reports as candidates pursuant to Code Section 21-5-34.
21-5-94. The provisions of this article shall apply to all contracts entered into or renewed on and after July 1, 2005."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Keen of the 179th moved the previous question.

FRIDAY, MARCH 11, 2005

1829

Representative Porter of the 143rd moved that HB 153 be placed upon the table.

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

Y Abdul-Salaam N Amerson Y Anderson Y Ashe N Barnard E Barnes N Bearden Y Beasley-Teague Y Benfield N Benton Y Black Y Bordeaux Y Borders N Bridges Y Brooks N Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G
Burkhalter N Burmeister N Burns N Butler N Byrd
Carter N Casas N Chambers Y Channell Y Cheokas N Coan N Cole N Coleman, B Y Coleman, T N Cooper N Cox

Y Crawford Y Cummings N Davis N Day Y Dean N Dickson E Dodson N Dollar Y Drenner Y Dukes N Ehrhart N England Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin N Freeman Y Gardner N Geisinger N Golick N Graves, D N Graves, T Y Greene Y Hanner N Harbin Y Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree Y Henson N Hill, C N Hill, C.A

Y Holmes Holt
N Horne N Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins N Jennings Y Johnson N Jones, J Y Jones, S Y Jordan N Keen N Keown Y Kidd N Knight N Knox N Lakly N Lane, B N Lane, R N Lewis N Lindsey Y Lord N Loudermilk
Lucas N Lunsford N Maddox
Mangham N Manning Y Marin N Martin

N Maxwell N May N McCall
McClinton N Meadows N Millar N Miller N Mills Y Mitchell Y Morgan
Morris Y Mosby Y Mosley N Mumford N Murphy, J Y Murphy, Q N Neal Y Oliver N O'Neal Y Orrock Y Parham E Parrish N Parsons Y Porter Y Powell E Ralston Y Randall Y Ray Y Reece, B N Reece, S N Reese N Rice
Roberts N Rogers Y Royal N Rynders

Y Sailor N Scheid N Scott, A N Scott, M N Setzler Y Shaw N Sheldon Y Sims, C Y Sims, F Y Sinkfield N Smith, B N Smith, L Y Smith, P N Smith, R
Smith, T N Smith, V Y Smyre Y Stanley-Turner N Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin N Walker Y Warren Y Watson N Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Richardson, Speaker

On the motion, the ayes were 77, nays 87.

The motion failed.

On the motion to order the previous question, the roll call was ordered and the vote was as follows:

N Abdul-Salaam Y Amerson N Anderson

Y Crawford N Cummings Y Davis

N Holmes Holt
Y Horne

Maxwell Y May Y McCall

N Sailor Y Scheid Y Scott, A

1830

JOURNAL OF THE HOUSE

N Ashe Y Barnard E Barnes Y Bearden N Beasley-Teague N Benfield Y Benton Y Black N Bordeaux N Borders Y Bridges N Brooks Y Brown N Bruce E Bryant N Buckner, D N Buckner, G
Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers N Channell N Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T Y Cooper Y Cox

Y Day N Dean Y Dickson E Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster
Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T N Greene N Hanner Y Harbin N Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A

Y Houston N Howard Y Hudson N Hugley
Jackson N Jacobs N James N Jamieson N Jenkins Y Jennings N Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown N Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey
Lord Y Loudermilk
Lucas Y Lunsford Y Maddox
Mangham Manning N Marin Y Martin

McClinton Y Meadows Y Millar Y Miller Y Mills N Mitchell N Morgan
Morris N Mosby N Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock N Parham E Parrish N Parsons N Porter N Powell E Ralston N Randall N Ray N Reece, B Y Reece, S Y Reese
Rice N Roberts Y Rogers N Royal Y Rynders

Y Scott, M Y Setzler N Shaw Y Sheldon N Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R
Smith, T Y Smith, V N Smyre N Stanley-Turner Y Stephens N Stephenson N Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker N Warren N Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 87, nays 74.

The motion prevailed.

Representative Lucas of the 139th 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 Keen of the 179th assumed the chair.

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

N Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard

N Crawford N Cummings Y Davis Y Day N Dean

N Holmes Y Holt Y Horne N Houston N Howard

Y Maxwell Y May N McCall
McClinton Y Meadows

N Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler

FRIDAY, MARCH 11, 2005

1831

E Barnes Y Bearden N Beasley-Teague N Benfield N Benton N Black N Bordeaux N Borders Y Bridges N Brooks Y Brown N Bruce E Bryant N Buckner, D N Buckner, G Y Burkhalter Y Burmeister N Burns Y Butler N Byrd
Carter Y Casas Y Chambers N Channell N Cheokas Y Coan N Cole Y Coleman, B N Coleman, T Y Cooper Y Cox

N Dickson E Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T N Greene N Hanner Y Harbin N Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A

N Hudson N Hugley N Jackson N Jacobs N James N Jamieson N Jenkins Y Jennings N Johnson Y Jones, J N Jones, S N Jordan
Keen Y Keown N Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey N Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham
Manning N Marin Y Martin

Y Millar Y Miller Y Mills N Mitchell N Morgan N Morris N Mosby N Mosley N Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock Y Parham E Parrish Y Parsons N Porter N Powell N Ralston N Randall N Ray N Reece, B Y Reece, S Y Reese Y Rice
Roberts Y Rogers N Royal Y Rynders

N Shaw Y Sheldon N Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R
Smith, T Y Smith, V N Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker N Warren N Watson Y Wilkinson N Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Richardson, Speaker

On the adoption of the Committee substitute, the ayes were 80, nays 89.

The Committee substitute was lost.

The following substitute, offered by Representative Dukes of the 150th, was read:

A BILL

To enact the "Voluntary Contributions Act"; to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to place certain limitations on organizations with regard to the funding for certain political activities; to provide for definitions; to provide for the use of separate, segregated funds for political activity expenditures; to provide for certain limitations on the solicitation of funds for such activities; to provide penalties; to require certain filings and disclosures; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

1832

JOURNAL OF THE HOUSE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Voluntary Contributions Act."
SECTION 2. Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, is amended by adding a new Article 5 to read as follows:
"ARTICLE 5
21-5-90. As used in this article, the term:
(1) 'Ballot proposition' includes referenda, proposed constitutional amendments, and any other question submitted to the electors of this state for approval or rejection. (2) 'Filing entity' means a candidate, campaign committee, officeholder, political committee, political party or body, and each other entity required to file disclosure reports under Code Section 21-5-34. (3) 'Fund' means the separate, segregated fund established for political activities according to the procedures and requirements of this article. (4) 'Organization' means any association or organization that engages in political activities. (5) 'Political activities' means independent expenditures or expenditures made to any candidate, political party, or political action committee, and includes ballot propositions.
21-5-91. (a) An organization may only make expenditures for political activities if the organization establishes a separate, segregated fund that meets the requirements of this article. (b) An organization shall ensure that:
(1) In soliciting contributions for the fund, the solicitor discloses, in clear and unambiguous language on the face of the solicitation, that contributions are voluntary and that the fund is a political fund and will be expended for political activities; (2) The cost of administering the fund is paid from fund contributions; and (3) Each contribution is voluntary. (c) At the time the organization is soliciting contributions for the fund, the organization shall: (1) Affirmatively inform the person, orally or in writing, of the funds political purpose; and (2) Affirmatively inform the person, orally or in writing, of the persons right to refuse to contribute without fear of reprisal or loss of membership in the organization.

FRIDAY, MARCH 11, 2005

1833

(d) The organization shall have the burden of proof to establish that the requirements of subsections (b) and (c) of this Code section are met. (e) An organization may communicate directly with its own members about political candidates, ballot propositions, and other political issues using resources outside the separate, segregated fund.

21-5-92. (a) It is unlawful for an organization to make expenditures for political activities by using contributions secured by physical force or threat of force, discrimination or threat of discrimination, membership discrimination or threat of membership discrimination, or economic reprisals or threat of economic reprisals. (b) When an organization is soliciting contributions for a fund from a person, it is unlawful for an organization to fail to:
(1) Affirmatively inform the person, orally or in writing, of the funds political purpose; and (2) Affirmatively inform the person, orally or in writing, of the persons right to refuse to contribute without fear of reprisal or loss of membership in the organization. (c) It is unlawful for an organization to pay a member for contributing to the fund by providing a bonus, expense account, rebate, or by any other form of direct or indirect compensation. (d) Any person or entity violating the provisions of this Code section shall be guilty of a misdemeanor.

21-5-93. Each fund established by an organization under this article shall register as a campaign committee pursuant to Code Section 21-5-30, shall maintain and make available for inspection the same records and accounts as candidates pursuant to Code Section 21-531, and shall file the same disclosure reports as candidates pursuant to Code Section 215-34.

21-5-94. The provisions of this article shall apply to all organizations on and after July 1, 2005."

SECTION 3. 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:

Y Abdul-Salaam N Amerson Y Anderson Y Ashe N Barnard

Y Crawford Y Cummings N Davis N Day Y Dean

Y Holmes N Holt N Horne N Houston Y Howard

N Maxwell N May N McCall
McClinton N Meadows

Y Sailor N Scheid N Scott, A N Scott, M N Setzler

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E Barnes N Bearden Y Beasley-Teague Y Benfield Y Benton Y Black N Bordeaux Y Borders N Bridges Y Brooks N Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G N Burkhalter N Burmeister Y Burns N Butler N Byrd N Carter N Casas N Chambers Y Channell Y Cheokas N Coan N Cole N Coleman, B Y Coleman, T N Cooper N Cox

N Dickson E Dodson N Dollar Y Drenner Y Dukes N Ehrhart N England Y Epps N Fleming Y Floyd, H Y Floyd, J N Fludd N Forster N Franklin N Freeman Y Gardner N Geisinger N Golick N Graves, D N Graves, T Y Greene Y Hanner N Harbin N Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree Y Henson N Hill, C N Hill, C.A

Y Hudson N Hugley N Jackson Y Jacobs N James Y Jamieson Y Jenkins N Jennings Y Johnson N Jones, J Y Jones, S Y Jordan
Keen N Keown Y Kidd N Knight N Knox N Lakly N Lane, B N Lane, R N Lewis N Lindsey Y Lord N Loudermilk Y Lucas N Lunsford N Maddox N Mangham
Manning Y Marin N Martin

N Millar N Miller N Mills Y Mitchell N Morgan Y Morris N Mosby Y Mosley N Mumford N Murphy, J Y Murphy, Q N Neal Y Oliver N O'Neal Y Orrock Y Parham E Parrish N Parsons Y Porter Y Powell N Ralston Y Randall Y Ray
Reece, B N Reece, S N Reese N Rice
Roberts N Rogers Y Royal N Rynders

Y Shaw N Sheldon N Sims, C Y Sims, F Y Sinkfield N Smith, B N Smith, L Y Smith, P N Smith, R
Smith, T N Smith, V Y Smyre N Stanley-Turner N Stephens N Stephenson N Talton Y Teilhet Y Thomas, A.M N Thomas, B N Tumlin N Walker Y Warren N Watson N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Richardson, Speaker

On the adoption of the Floor substitute, the ayes were 67, nays 102.

The Floor substitute was lost.

Further consideration of HB 153 was suspended.

The Speaker assumed the Chair.

HB 505. By Representatives Royal of the 171st, Stephens of the 164th and Channell of the 116th:

A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on rooms, lodgings, and accommodations, so as to change certain provisions regarding county and municipal levies on public accommodations; to change certain provisions regarding the Hotel Motel Tax Performance Review Board; 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 roll call was ordered and the vote was as follows:

Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown
Bruce E Bryant Y Buckner, D
Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas
Chambers Y Channell Y Cheokas Y Coan
Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings
Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner
Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H
Floyd, J Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston
Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan
Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May
McCall McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham E Parrish Parsons Y Porter Y Powell Y Ralston Y Randall Ray Y Reece, B Y Reece, S Reese Y Rice Roberts Y Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R
Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens
Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E
Williams, R Wix Y Yates Richardson, Speaker

On the passage of the Bill, the ayes were 149, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

Representative Benfield of the 85th 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.

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The following supplemental Rules Calendar was read and adopted:

HOUSE SUPPLEMENTAL RULES CALENDAR FRIDAY, MARCH 11, 2005

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 11, 2005, by adding the following:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

Structured

HR 269

Disabled American Veterans Intersection; designate

Open Rule HB 150 HB 186 HB 268
HB 294 HB 334 HB 367
HB 425 HB 455
HB 470 HB 501
HB 509
HB 629 HB 659 HB 662 HB 683

DEBATE CALENDAR
Law school graduates; state bar exam; Supreme Court powers Counties and municipalities; expand purposes for using federal funds District attorneys, assistant district attorneys, district attorney investigators; compensation Speed monitoring devices; photographic systems; provisions Juvenile courts; salary supplements; amend provisions Driver training and commercial driver training schools; licensing provisions Insurers; permit food and refreshments under certain circumstances Motor vehicles; new and used dealers; temporary license plates; amend provisions Official Code of Georgia; change references to "911" to read 9-1-1 Department of Driver Services; create as successor to Department of Motor Vehicle Safety Planning and Budget, Office of; program budgeting; revenue shortfall reserve Charter schools; revise legislative intent; amend certain provisions Consolidated government; voting provisions; effects of abstention and ties Game and fish; three-day nonresident big game license and fee Property/Casualty Insurance Modernization Act; enact

Modified Open Rule

HB 170

Criminal Justice Act of 2005; enact

Modified Structured Rule None

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1837

Structured Rule

HB 437

Public disclosure; exempt certain personal information

HB 669

Open meetings; certain athletic or fine art associations; encourage school

participation

HR 108

Harrison, Clarence; compensate

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

Respectfully submitted, /s/ Ehrhart of the 36th
Chairman

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

HR 108. By Representatives Benfield of the 85th, Watson of the 91st, Talton of the 145th, Crawford of the 127th, Henson of the 87th and others:

A RESOLUTION compensating Mr. Clarence Harrison; and for other purposes.

The following Committee substitute was read and adopted:

A RESOLUTION

Compensating Mr. Clarence Harrison; and for other purposes.

WHEREAS, in the early morning hours of October 25, 1986, a woman was attacked as she walked to a bus stop in downtown Decatur, Georgia. The woman was grabbed from behind, struck on the head, and dragged to an unknown location where she was sexually assaulted. The woman was subsequently dragged to two other unknown locations and again sexually assaulted and her wrist watch was stolen; and

WHEREAS, physical evidence was collected from the victim, including the clothing that she was wearing and other evidence that was capable of showing DNA; and

WHEREAS, in June of 1987, Mr. Harrison was tried for rape, kidnapping, and robbery in DeKalb County, Georgia. Mr. Harrison maintained his innocence from his arrest on November 5, 1986, and throughout his trial, but the victim identified Mr. Harrison from a photographic line-up and a witness who lived in the neighborhood where the attack occurred identified Mr. Harrison as a man who had come to her door on the evening of the attack and circumstances suggested to her that he was the assailant; and

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WHEREAS, Mr. Harrison was convicted and on June 26, 1987, he was sentenced to life in prison for rape and 20 years each for kidnapping and robbery to run consecutive to the life sentence; and
WHEREAS, in September 1998, Mr. Harrison sought DNA testing but the laboratory conducting the analysis was unable to produce results due to previous testing of the evidence; and
WHEREAS, despite being told that all of the evidence in his case had been destroyed, Mr. Harrison continued to try to prove his innocence. In 2004, with the consent of the DeKalb County District Attorney and Mr. Harrisons attorney, further DNA testing, which was not available in 1987, was performed, and the test concluded with 100 percent certainty that Mr. Harrisons DNA did not match the DNA from the semen obtained from the victims rape kit and therefore he was not the perpetrator of the crimes for which he had been tried and convicted; and
WHEREAS, based on this new evidence, the 1986 indictment against Mr. Harrison was nol prossed on August 31, 2004; and
WHEREAS, Mr. Harrison was immediately released from custody after serving 17 years, nine months, and 26 days in prison; and
WHEREAS, during his imprisonment, Mr. Harrison was divorced by his wife and virtually prevented from seeing his two children throughout his incarceration; he missed the birth of his first grandchild; his mother and one sister died; and he suffered from medical conditions including a worsened back problem that causes him now to have to walk with a cane, migraine headaches for three years for which he received no treatment, and due to a delayed diagnosis of kidney cancer, he had to have a kidney removed; and
WHEREAS, Mr. Harrison has suffered loss of liberty, personal injury, lost wages, injury to reputation, emotional distress, and other damages as a result of his nearly 18 years of incarceration and expenses in trying to prove his innocence; and
WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages occurred through no fault or negligence on the part of Mr. Harrison, and it is only fitting and proper that he be compensated for his loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Corrections is authorized and directed to pay the sum of $1 million to Mr. Clarence Harrison as compensation as provided above. Said sum shall be paid from funds appropriated to or available to the Department of Corrections and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.

FRIDAY, MARCH 11, 2005

1839

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:

Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes N Bearden Y Beasley-Teague Y Benfield N Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler N Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper N Cox

Y Crawford Y Cummings N Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps
Fleming Y Floyd, H Y Floyd, J Y Fludd
Forster N Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D N Graves, T Y Greene
Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes N Holt N Horne Y Houston
Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins
Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan
Keen Y Keown Y Kidd Y Knight Y Knox N Lakly N Lane, B Y Lane, R N Lewis Y Lindsey Y Lord N Loudermilk Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

N Maxwell N May
McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan
Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray
Reece, B N Reece, S N Reese Y Rice Y Roberts N Rogers Y Royal Y Rynders

Sailor N Scheid Y Scott, A N Scott, M Y Setzler
Shaw Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker

On the adoption of the Resolution, by substitute, the ayes were 137, nays 22.

The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

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

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HR 516. By Representatives Amerson of the 9th, Ralston of the 7th, Jenkins of the 8th and Reece of the 27th:
A RESOLUTION inviting members of the Bill Elliott family 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 170. By Representatives Golick of the 34th, Roberts of the 154th, Ralston of the 7th, Mumford of the 95th, Miller of the 106th and others:
A BILL to be entitled an Act to enact the "Criminal Justice Act of 2005" so as to substantially revise the laws of this state relating to the conduct of criminal trials and appeals in criminal cases; to provide for a short title; to amend Chapter 7 of Title 5 of the Official Code of Georgia Annotated, relating to appeal or certiorari by the state in criminal cases, so as to provide that the state may appeal from an order, decision, or judgment of a superior court granting a motion for new trial or denying a motion by the state to recuse or disqualify a judge; to amend Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries, so as to provide the state and the accused with the 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 Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide the state with an equal number of additional peremptory challenges in trials for jointly indicted defendants; to provide that the prosecuting attorney shall always conclude the argument to the jury; to change the provision relating to notice and argument in presentence hearings; to provide that provisions relating to discovery apply to sentencing proceedings; to amend Title 24 of the Official Code of Georgia Annotated, relating to evidence, so as to change the provisions relating to the impeachment of witnesses; to provide for the admission of evidence of character of a witness; to provide for the impeachment of witnesses through evidence of conviction of a crime; to provide for the admission of specific instances of conduct by a witness; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:

FRIDAY, MARCH 11, 2005

1841

A BILL
To enact the "Criminal Justice Act of 2005" so as to substantially revise the laws of this state relating to the conduct of criminal trials and appeals in criminal cases; to provide for a short title; to amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to specifically provide that the denial of a defendants motion to recuse may be subject to interlocutory appeal; to provide that the state may appeal from an order, decision, or judgment of a superior court granting a motion for new trial or denying a motion by the state to recuse or disqualify a judge; to amend Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries, so as to provide the state and the accused with the 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 for excuses for cause under certain circumstances; to provide the manner in which the number of alternative jurors is determined; to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for additional peremptory challenges in trials for jointly indicted defendants; to provide that the prosecuting attorney shall always conclude the argument to the jury; to provide that provisions relating to discovery apply to sentencing proceedings; to change certain provisions relating to discovery; to amend Title 24 of the Official Code of Georgia Annotated, relating to evidence, so as to change the provisions relating to the impeachment of the defendant; to change provisions relating to when a witness has been impeached; to provide for the impeachment of witnesses through evidence of conviction of a crime and bad character; to provide for the admission of specific instances of conduct by a witness; to provide for other matters relative to the foregoing; 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 "Criminal Justice Act of 2005."
SECTION 2. Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended by striking subsection (b) of Code Section 5-6-34, relating to direct appeal and other review, and inserting in its place a new subsection (b) to read as follows:
"(b) Where the trial judge in rendering an order, decision, or judgment, not otherwise subject to direct appeal, including but not limited to the denial of a defendants motion to recuse in a criminal case, certifies within ten days of entry thereof that the order, decision, or judgment is of such importance to the case that immediate review should be had, the Supreme Court or the Court of Appeals may thereupon, in their respective discretions, permit an appeal to be taken from the order, decision, or judgment if application is made thereto within ten days after such certificate is granted. The

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application shall be in the nature of a petition and shall set forth the need for such an appeal and the issue or issues involved therein. The applicant may, at his or her election, include copies of such parts of the record as he or she deems appropriate, but no certification of such copies by the clerk of the trial court shall be necessary. The application shall be filed with the clerk of the Supreme Court or the Court of Appeals and a copy of the application, together with a list of those parts of the record included with the application, shall be served upon the opposing party or parties in the case in the manner prescribed by Code Section 5-6-32, except that such service shall be perfected at or before the filing of the application. The opposing party or parties shall have ten days from the date on which the application is filed in which to file a response. The response may be accompanied by copies of the record in the same manner as is allowed with the application. The Supreme Court or the Court of Appeals shall issue an order granting or denying such an appeal within 45 days of the date on which the application was filed. Within ten days after an order is issued granting the appeal, the applicant, to secure a review of the issues, may file a notice of appeal as provided in Code Section 5-6-37. The notice of appeal shall act as a supersedeas as provided in Code Section 5-6-46 and the procedure thereafter shall be the same as in an appeal from a final judgment."
SECTION 3. Said title is further amended by striking subsection (a) of Code Section 5-7-1, relating to orders, decisions, or judgments appealable by state, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) An appeal may be taken by and on behalf of the State of Georgia from the superior courts, state courts, City Court of Atlanta, and juvenile courts and such other courts from which a direct appeal is authorized to the Court of Appeals of Georgia and the Supreme Court of Georgia in criminal cases and adjudication of delinquency cases in the following instances:
(1) From an order, decision, or judgment setting aside or dismissing any indictment, accusation, or petition alleging that a child has committed a delinquent act or any count thereof; (2) From an order, decision, or judgment arresting judgment of conviction or adjudication of delinquency upon legal grounds; (3) From an order, decision, or judgment sustaining a plea or motion in bar, when the defendant has not been put in jeopardy; (4) From an order, decision, or judgment suppressing or excluding evidence illegally seized or excluding the results of any test for alcohol or drugs in the case of motions made and ruled upon prior to the impaneling of a jury or the defendant being put in jeopardy, whichever occurs first; (5) From an order, decision, or judgment of a court where the court does not have jurisdiction or the order is otherwise void under the Constitution or laws of this state; (6) From an order, decision, or judgment of a superior court transferring a case to the juvenile court pursuant to subparagraph (b)(2)(B) of Code Section 15-11-28; or

FRIDAY, MARCH 11, 2005

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(7) From an order, decision, or judgment of a superior court granting a motion for new trial or an extraordinary motion for new trial; or (8) From an order, decision, or judgment denying a motion by the state to recuse or disqualify a judge made and ruled upon prior to the defendant being put in jeopardy."
SECTION 4. Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries, is amended by striking Code Section 15-12-125, relating to demand of jury panels for misdemeanor trials, and inserting in lieu thereof a new Code Section 15-12125 to read as follows:
"15-12-125. For the trial of misdemeanors in all courts, each party may demand a full panel of 12 14 competent and impartial jurors from which to select a jury. When one or more of the regular panel of trial jurors is 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 14 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 four 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 5. Said article is further amended by striking Code Section 15-12-160, relating to required panel of jurors in felony trial, and inserting in lieu thereof a new Code Section 15-12-160 to read as follows:
"15-12-160. When any person stands indicted for a felony, the court shall have impaneled 30 36 jurors from which the defense and prosecution may strike jurors; provided, however, that in any case in which the state announces its intention to seek the death penalty, the court shall have impaneled 42 48 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 6. Said article is further amended by adding at the end of Code Section 15-12-164, relating to challenges to jurors in a felony trial, a new subsection (d) to read as follows:
"(d) The court shall also excuse for cause any juror who from the totality of the jurors answers on voir dire is determined by the court to be substantially impaired in the

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jurors ability to be fair and impartial. The jurors own representation that the juror would be fair and impartial is to be considered by the court but is not determinative."
SECTION 7. Said article is further amended by striking Code Section 15-12-165, relating to number of peremptory challenges, and inserting in lieu thereof a new Code Section 15-12-165 to read as follows:
"15-12-165. Every person indicted for a crime or offense accused of a felony may peremptorily challenge 12 of the jurors impaneled to try him or her. The state shall be allowed onehalf the same number of peremptory challenges allowed to the accused defendant; provided, however, that 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 18 jurors and the state shall be allowed one-half the same number of peremptory challenges allowed to the accused."
SECTION 8. Said article is further amended by striking Code Section 15-12-169, relating to manner of selecting alternate jurors, and inserting in lieu thereof a new Code Section 15-12-169 to read as follows:
"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 alternate 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 9. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking Code Section 17-8-4, relating to procedure for trial of jointly indicted defendants, and inserting in lieu thereof a new Code Section 17-8-4 to read as follows:
"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

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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 shall 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 may allow the state additional strikes not to exceed the number of additional strikes as are allowed to the defendants."
SECTION 10. Said title is further amended by striking Code Section 17-8-71, relating to order of argument after evidence presented, and inserting in lieu thereof a new Code Section 17-871 to read as follows:
"17-8-71. After the evidence is closed on both sides, the prosecuting attorney shall be entitled to open and conclude the argument to the jury. If the defendant introduces no evidence, his counsel shall open and conclude the argument to the jury after the evidence on the part of the state is closed The defendant shall be entitled to make a closing argument prior to the concluding argument of the prosecuting attorney."
SECTION 11. Said title is further amended by striking subsection (a) of Code Section 17-10-2, relating to conduct of presentence hearings in felony cases, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a)(1) Except in cases in which the death penalty or life without parole may be imposed, upon the return of a verdict of 'guilty' by the jury in any felony case, the judge shall dismiss the jury and shall conduct a presentence hearing at which the only issue shall be the determination of punishment to be imposed. In the hearing the judge shall hear additional evidence in extenuation, mitigation, and aggravation of punishment, including the record of any prior criminal convictions and pleas of guilty or nolo contendere of the defendant, or the absence of any prior conviction and pleas, provided that only such evidence in aggravation as the state has made known to the defendant prior to the defendants trial shall be admissible.

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(2) The judge shall also hear argument by the defendant or the defendants counsel and the district prosecuting attorney, as provided by law, regarding the punishment to be imposed. The district Except in cases where the death penalty may be imposed, the prosecuting attorney shall open and the defendant or the defendants counsel shall conclude the argument. In cases where the death penalty may be imposed, the prosecuting attorney shall open and the defendant or the defendants counsel shall conclude the argument. (3) Upon the conclusion of the evidence and arguments, the judge shall impose the sentence or shall recess the trial for the purpose of taking the sentence to be imposed under advisement. The judge shall fix a sentence within the limits prescribed by law."
SECTION 12. Said title is further amended by adding a new subsection (e) to Code Section 17-16-2, relating to applicability of discovery in criminal cases, to read as follows:
"(e) Except as provided in paragraph (3) of subsection (b) of Code Section 17-16-4, if a defendant has elected to have the provisions of this article apply, the provisions of this article shall also apply to sentencing hearings and the sentencing phase of a death penalty trial."
SECTION 13. Said title is further amended in Code Section 17-16-4, relating to discovery disclosure required by the prosecuting attorney and defendant, by adding a new paragraph (5) at the end of subsection (a) and a new paragraph (3) at the end of subsection (b) to read as follows:
"(5) The prosecuting attorney shall, no later than ten days prior to trial, or at such time as the court orders, provide the defendant with notice of any evidence in aggravation of punishment that the state intends to introduce in sentencing."
"(3)(A) The defendant shall, no later than the conclusion of the charge of the jury by the court or if the defendant has waived a jury trial at the time the case is submitted to the court for judgment, permit the prosecuting attorney to inspect and copy or photograph books, papers, documents, photographs, tangible objects, audio and visual tapes, films and recordings, or copies or portions thereof and to inspect and photograph buildings or places which are within the possession, custody, or control of the defendant and which the defendant intends to introduce as evidence in the presentence hearing. (B) The defendant shall, no later than the conclusion of the charge of the jury by the court or if the defendant has waived a jury trial at the time the case is submitted to the court for judgment, permit the prosecuting attorney to inspect and copy or photograph a report of any physical or mental examinations and scientific tests or experiments, including a summary of the basis for the expert opinion rendered in the report, or copies thereof, if the defendant intends to introduce in evidence in the presentence hearing the results of the physical or mental examination or scientific test or experiment. If the report is oral or partially oral, the defendant shall reduce

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all relevant and material oral portions of such report to writing and shall serve opposing counsel with such portions. (C) The defendant shall, no later than the conclusion of the charge of the jury by the court or if the defendant has waived a jury trial at the time the case is submitted to the court for judgment, serve upon the prosecuting attorney a list of witnesses that the defendant intends to call as a witness in the presentence hearing. At the same time, the defendant shall produce for the opposing party any statement of such witnesses that is in the possession, custody, or control of the defendants or the defendants counsel that relates to the subject matter of the testimony of such witnesses."
SECTION 14. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by striking subsections (b) and (c) of Code Section 24-9-20, relating to testimony of criminal defendant, and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) If a defendant in a criminal case wishes to testify and announces in open court his or her intention to do so, he the defendant may so testify in his or her own behalf. If a defendant testifies, he or she shall be sworn as any other witness and may be examined and cross-examined as any other witness, except that no evidence of general bad character or prior convictions shall be admissible unless and until the defendant shall have first put his character in issue. Evidence of prior felony convictions may be admitted in those cases where the prior felony convictions are alleged in the indictment, as provided by law. The failure of a defendant to testify shall create no presumption against him or her, and no comment shall be made because of such failure. (c) In the event that a defendant elects to be sworn and examined, he shall not lose his right to open and conclude the argument to the jury, if he has not introduced other evidence in the trial."
SECTION 15. Said title is further amended by striking Code Section 24-9-81, relating to when own witness may be impeached, and inserting in lieu thereof a new Code Section 24-9-81 to read as follows:
"24-9-81. A party may not impeach a witness voluntarily called by him, except where he can show to the court that he has been entrapped by said witness by a previous contradictory statement. Any party, including the party calling the witness, may attack the credibility of a witness. However, in In the trial of all civil cases, either plaintiff or defendant shall be permitted to make the opposite party, or anyone for whose immediate benefit the action is prosecuted or defended, or any agent of said party, or agent of any person for whose immediate benefit such action is prosecuted or defended, or officer or agent of a corporation when a corporation is such party or for whose benefit such action is prosecuted or defended a witness, with the privilege of subjecting such witness to a thorough and sifting examination and with the further privilege of

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impeachment, as if the witness had testified in his or her own behalf and were being cross-examined."
SECTION 16. Said title is further amended by striking Code Section 24-9-84, relating to how witnesses are impeached by proof of general bad character, and inserting in lieu thereof new Code Sections 24-9-84 and 24-9-84.1 to read as follows:
"24-9-84. A witness may be impeached by evidence as to his general bad character. Any party may impeach the credibility of a witness by offering evidence of the witnesss bad character in the form of reputation, but subject to the following limitations: (a) The evidence may refer only to character for truthfulness or untruthfulness; (b) Evidence of truthful character is admissible only after the character of the witness for truthfulness has been attacked by reputation evidence or otherwise; and (c) The impeaching character witness should first be questioned as to his or her knowledge of the general character of the witness, next as to what that character is, and lastly he the character witness may be asked if from that character he or she would believe him or her on his or her oath. The witness may be sustained by similar proof of character. The particular transactions or the opinions of single individuals shall not be inquired of on either side, except upon cross-examination in seeking for the extent and foundation of the witnesss knowledge.
24-9-84.1. (a) General rule. For the purpose of attacking the credibility of a witness, or of the defendant, if the defendant testifies:
(1) Evidence that a witness has been convicted of a crime shall be admitted if the crime was punishable by death or imprisonment of one year or more under the law under which the witness was convicted if the court determines that the probative value of admitting the evidence outweighs its prejudicial effect to the witness; and (2) Evidence that the defendant has been convicted of a crime shall be admitted if the crime was punishable by death or imprisonment of one year or more under the law under which the defendant was convicted if the court determines that the probative value of admitting the evidence substantially outweighs its prejudicial effect to the defendant; and (3) Evidence that any witness or the defendant has been convicted of a crime shall be admitted if it involved dishonesty or making a false statement, regardless of the punishment that could be imposed for such offense. (b) Time limit. Evidence of a conviction under subsection (a) of this Code section is not admissible if a period of more than seven years has elapsed since the date of the conviction or of the release of the witness or the defendant from the confinement imposed for that conviction, whichever is the later date, unless the court determines, in the interest of justice, that the probative value of the conviction supported by specific facts and circumstances substantially outweighs its prejudicial effect. However,

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evidence of a conviction more than seven years old, as calculated herein, is not admissible unless the proponent gives to the adverse party sufficient advance written notice of intent to use such evidence to provide the adverse party with a fair opportunity to contest the use of such evidence. (c) Effect of pardon or annulment. Evidence of a conviction is not admissible under this Code section if:
(1) The conviction has been the subject of a pardon or annulment based on a finding of the rehabilitation of the person convicted and such person has not been convicted of a subsequent crime that was punishable by death or imprisonment for one year or more; or (2) The conviction has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence. (d) Juvenile adjudications. Evidence of juvenile adjudications is generally not admissible under this Code section. The court may, however, in a criminal case allow evidence of a juvenile adjudication of a witness other than the defendant if conviction of the offense would be admissible to attack the credibility of an adult and the court is satisfied that admission in evidence is necessary for a fair determination of the issue of guilt or innocence. (e) Pendency of appeal. The pendency of an appeal from a conviction does not render evidence of a conviction inadmissible. Evidence of the pendency of an appeal shall be admissible."
SECTION 17. This Act shall apply to all cases indicted or accused on or after July 1, 2005.
SECTION 18. All laws and parts of laws in conflict with this Act are repealed.
The following amendments were read and adpoted:
Representative Bordeaux of the 162nd moves to amend the Committee substitute to HB 170 by striking lines 21 through 26 of page 10 and inserting in lieu thereof the following:
"(d) Juvenile adjudications. An adjudication of delinquency in juvenile court shall be inadmissible against a defendant in a criminal case. An adjudication of delinquency in juvenile court shall be presumed to be inadmissible against a witness in a criminal case; however, this presumption may be rebutted only if it is shown that:
(1) The factual basis for the proven allegations of delinquency would have constituted a crime under the laws of the state of the juvenile court if committed by an adult at the time they were committed by the juvenile: (2) The probative value of the evidence substantially outweighs the prejudicial effect of its admission; and

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(3) The court finds that admission of the adjudication into evidence is necessary for a fair determination of the issue of guilt or innocence of the defendant."

Representative Golick of the 34th et al. move to amend the Committee substitute to HB 170 by striking line 15 on page 6 and inserting in lieu thereof the following:

"After the evidence is closed on both sides, the prosecuting attorney shall open".

By striking line 20 of page 7 and inserting in lieu thereof the following:

"as the court orders but in no event later than the beginning of the trial, provide the defendant with notice of any evidence in aggravation of".

By striking lines 17 through 24 of page 9 and inserting in lieu thereof the following:

"truthfulness has been attacked by reputation evidence or otherwise; (c) In a criminal case, the character for untruthfulness of the defendant may be introduced in evidence only if the defendant testifies and offers evidence of his or her truthful character; and (d) The impeaching character witness should first be questioned as to his or her knowledge of the general character of the witness, next as to what that character is, and lastly he the character witness may be asked if from that character he or she would believe him or her on his or her oath. The witness may be sustained by similar proof of character. The particular transactions or the opinions of single individuals shall not be inquired of on either side, except upon cross-examination in seeking for the extent and foundation of the witnesss knowledge."

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:

Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard E Barnes Y Bearden N Beasley-Teague N Benfield Y Benton

Y Crawford Y Cummings Y Davis Y Day N Dean Y Dickson E Dodson Y Dollar N Drenner Y Dukes

N Holmes Y Holt Y Horne Y Houston N Howard Y Hudson N Hugley
Jackson Y Jacobs N James

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills N Mitchell N Morgan

N Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F N Sinkfield

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Y Black N Bordeaux Y Borders Y Bridges N Brooks Y Brown N Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Ehrhart Y England N Epps Y Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster N Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A

Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Y Manning Y Marin Y Martin

Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston N Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton Y Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker Y Warren N Watson Y Wilkinson Y Willard
Williams, A N Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 130, nays 40.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 407. By Representative Golick of the 34th:

A BILL to be entitled an Act to amend Title 33 of the O.C.G.A., relating to insurance, so as to authorize the Commissioner to place administrators on probation and to provide penalties against administrators for certain violations; to provide for certain additional regulations of nonresident representatives who represent life insurers in certain military installations; to provide certain definitions; to provide for certain disclosures by counselors; to provide for certain exceptions; to provide for certain licensing for third party administrators; to provide certain procedures and standards for approval or rejection of such licenses; to provide for probationary licenses; to provide for certain bonds and insurance for administrators; to require administrators to be subject to certain examinations; to revise the provisions of law concerning the Georgia Insurers Insolvency Pool; to provide for certain definitions; to provide for applicability; to provide for related matters; 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 passage of the Bill, was agreed to.

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

Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown
Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall
McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell E Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M
Setzler Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker

On the passage of the Bill, the ayes were 162, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 268. By Representatives Crawford of the 127th, Fleming of the 117th and Ralston of the 7th:
A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys, so as to

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change the provisions relating to the compensation of district attorneys, assistant district attorneys, district attorney investigators, and assistant district attorneys who temporarily substitute for a district attorney who dies or resigns during the term of office; to change the provisions relating to additional personnel for district attorneys offices; to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, so as to change the annual salary of district attorneys; 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:

Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown
Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T
Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman
Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J
Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell E Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts
Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L
Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre
Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

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On the passage of the Bill, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 216. By Representatives Neal of the 1st, Ralston of the 7th, Miller of the 106th, Burmeister of the 119th, Sheldon of the 105th and others:
A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the O.C.G.A., relating to controlled substances, so as to limit the sale and manner of sale of products containing pseudoephedrine; to provide for exceptions; to provide for mitigation of punishment under certain circumstances; to provide for penalties; to restrict the sale, transfer, manufacture, purchase for resale, and furnishing of certain precursor chemicals; to provide for definitions; to authorize the State Board of Pharmacy to promulgate certain rules and regulations regarding precursor chemicals and licenses and permits; to provide for licensing and permitting of persons who sell, transfer, manufacture, purchase for resale, or otherwise furnish or possess precursor chemicals; to require certain records to be maintained; to provide for exceptions; to provide for certain forfeitures; to provide for penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL
To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to limit the sale and manner of sale of products containing pseudoephedrine; to provide for exceptions; to provide for mitigation of punishment under certain circumstances; to provide for penalties; to restrict the sale, transfer, manufacture, purchase for resale, and furnishing of certain substances; to provide for definitions; to authorize the State Board of Pharmacy to promulgate certain rules and regulations; to provide for licensing and permitting of persons who sell, transfer, purchase for resale, or otherwise furnish or possess certain chemicals; to require certain records to be maintained; to provide for exceptions; to provide for certain forfeitures; to provide for penalties; to provide for certain reports; to provide that it is illegal for a person to possess any substance with the intent to use such substance in the manufacture of a Schedule I or Schedule II controlled substance or to knowingly convey such substance to another for use in the manufacture of a Schedule I or Schedule II controlled substance; to provide for certain considerations with regard to determining whether such substances were possessed illegally; to provide for exceptions; to provide for penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by adding a new subsection (b.1) to Code Section 16-13-30.3, relating to possession of substances containing ephedrine, pseudoephedrine, and phenylpropanolamine, to read as follows:
"(b.1)(1) Products whose sole active ingredient is pseudoephedrine may be offered for retail sale only if sold in blister packaging. Such products may not be offered for retail sale by self-service, but only from behind a counter or other barrier so that such products are not directly accessible by the public but only by a retail store employee or agent. (2) No person shall deliver in any single over the counter sale more than three packages of any product containing pseudoephedrine as the sole active ingredient or in combination with other active ingredients or any number of packages that contain a combined total of more than nine grams of pseudoephedrine or its base, salts, optical isomers, or salts of its optical isomers. (3) It shall be unlawful for a retail distributor to purchase any product containing pseudoephedrine from any person or entity other than a manufacturer or a wholesaler licensed by the Georgia Board of Pharmacy. (4) This subsection shall not apply to:
(A) Pediatric products labeled pursuant to federal regulation as primarily intended for administration to children under 12 years of age according to label instructions; and (B) Products that the Georgia Board of Pharmacy, upon application of a manufacturer, exempts because the product is formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine or its salts or precursors. (5) This subsection shall preempt all local ordinances or regulations governing the retail sale of over the counter products containing pseudoephedrine by a retail business operating under the authority of a business license. (6)(A) Except as otherwise provided herein, it shall be unlawful for any person knowingly to violate any prohibition contained in paragraph (1), (2), or (3) of this subsection. (B) Any person convicted of a violation of paragraph (1) or (2) of this subsection shall be guilty of a misdemeanor which, upon the first conviction, shall be punished by a fine of not more than $500.00, and, upon the second or subsequent conviction, shall be punished by not more than six months imprisonment or a fine of not more than $1,000.00, or both. (C) Any person convicted of a violation of paragraph (3) of this subsection shall, upon the first conviction, be guilty of a misdemeanor and, upon the second or subsequent conviction, be guilty of a misdemeanor of a high and aggravated nature.

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(D) It shall be a defense to a prosecution of a retail business or owner or operator thereof for violation of paragraph (1) or (2) of this subsection that, at the time of the alleged violation, all of the employees of the retail business had completed training under Georgia Meth Watch, the retail business was in compliance with Georgia Meth Watch, and the defendant did not knowingly, willfully, or intentionally violate paragraph (1) or (2) of this subsection. For purposes of this subsection only, the term 'Georgia Meth Watch' shall mean that program entitled 'Georgia Meth Watch' or similar program which has been promulgated, approved, and distributed by the Georgia Council on Substance Abuse. (7) Except as otherwise provided in this subsection, the State Board of Pharmacy may adopt reasonable rules and regulations to effectuate the provisions of this subsection. The board is further authorized to charge reasonable fees to defray expenses incurred in maintaining any records or forms necessitated by this subsection or otherwise administering any other provisions of this subsection."
SECTION 2. Said chapter is further amended by adding a new Code Section 16-13-30.4 to read as follows:
"16-13-30.4. (a) As used in this Code section and unless otherwise specified, the term 'board' or 'Board of Pharmacy' shall mean the Georgia State Board of Pharmacy.
(b)(1) A wholesaler who sells, transfers, purchases for resale, or otherwise furnishes any product containing pseudoephedrine must first obtain a license annually from the Board of Pharmacy. (2) The content of the application for a license shall include, but not be limited to, the following information:
(A) Name of business; (B) Physical address and mailing address of business; (C) Telephone number of business; (D) Names and physical home addresses of business owners; (E) Location of all storage facilities used by the business for products whose sole active ingredient is pseudoephedrine; and (F) Criminal history of all business owners. (3) Every wholesaler licensed as provided in this Code section shall: (A) Submit reports, upon verbal or written request from the Georgia Drugs and Narcotics Agency, the Georgia Bureau of Investigation, or the sheriff of a county or the police chief of a municipality located in this state, to account for all transactions with persons or firms located within this state; such reportable transactions shall include all sales, distribution, or transactions dealing with products containing pseudoephedrine; and (B) Within seven days, notify the Georgia Drugs and Narcotics Agency of any purchases of products containing pseudoephedrine from the wholesaler which the wholesaler judges to be excessive.

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(4) Whenever any firm or person located in this state receives, purchases, or otherwise gains access to products containing pseudoephedrine from any wholesaler, whether located in or outside this state, such firm or person shall maintain a copy of such wholesalers license issued by the Georgia State Board of Pharmacy. Such firm or person shall maintain copies of all invoices, receipts, and other records regarding such products containing pseudoephedrine for a minimum of three years from the date of receipt, purchase, or access. Failure to maintain records to verify the presence of any and all products containing pseudoephedrine being held by a firm or person shall subject such products containing pseudoephedrine to being embargoed or seized by proper law enforcement authorities until such time as proof can be shown that such products containing pseudoephedrine were obtained from a Georgia licensed wholesaler. (5) Agents of the Georgia Drugs and Narcotics Agency, agents of the Georgia Bureau of Investigation, and the sheriff of a county or the police chief of a county or municipality in this state in which a firm or person that receives, purchases, or otherwise gains access to products containing pseudoephedrine is located may request to review the receiving records for such products. Failure to provide such records within five business days following such request to account for the presence of such products shall result in the embargo or seizure of such products. (c) A license or permit obtained pursuant to this Code section shall be denied, suspended, or revoked by the Board of Pharmacy upon finding that the licensee or permit holder has: (1) Furnished false or fraudulent material information in any application filed under this Code section; (2) Been convicted of a crime under any state or federal law relating to any controlled substance; (3) Had his or her federal registration suspended or revoked to manufacture, distribute, or dispense controlled substances; (4) Violated the provisions of Chapter 4 of Title 26; or (5) Failed to maintain effective controls against the diversion of products containing pseudoephedrine to unauthorized persons or entities. (d) The Board of Pharmacy may adopt reasonable rules and regulations to effectuate the provisions of this Code section. The board is further authorized to charge reasonable fees to defray expenses incurred in issuing any licenses or permits, maintaining any records or forms required by this Code section, and the administration of the provisions of this Code section. (e) Notwithstanding any other provision of this Code section to the contrary, no person shall be required to obtain a license or permit for the sale, receipt, transfer, or possession of a product containing pseudoephedrine when: (1) Such lawful distribution takes place in the usual course of business between agents or employees of a single regulated person or entity; or (2) A product containing pseudoephedrine is delivered to or by a common or contract carrier for carriage in the lawful and usual course of the business of the common or

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contract carrier or to or by a warehouseman for storage in the lawful and usual course of the business of the warehouseman. (f) All products containing pseudoephedrine that have been or that are intended to be sold, transferred, purchased for resale, possessed, or otherwise transferred in violation of a provision of this Code section shall be subject to forfeiture to the state and no property right shall exist in them. (g)(1) Any person who sells, transfers, receives, or possesses a product containing pseudoephedrine violates this Code section if the person:
(A) Knowingly fails to comply with the reporting requirements of this Code section; (B) Knowingly makes a false statement in a report or record required by this Code section or the rules adopted thereunder; or (C) Is required by this Code section to have a license or permit and knowingly or deliberately fails to obtain such a license or permit. (2) It shall be illegal for a person to possess, sell, transfer, or otherwise furnish a product containing pseudoephedrine if such person possesses, sells, transfers, or furnishes the substance with the knowledge or intent that the substance will be used in the unlawful manufacture of a controlled substance. (3)(A) A person who violates paragraph (2) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 15 years or by a fine not to exceed $100,000.00, or both. (B) A person who violates any provision of this Code Section other than paragraph (2) of this subsection shall be guilty of a misdemeanor on the first offense and a misdemeanor of a high and aggravated nature on the second and subsequent offenses."
SECTION 3. Said chapter is further amended by adding a new Code Section 16-13-30.5 to read as follows:
"16-13-30.5. (a) It shall be illegal for a person to possess, whether acquired through theft or other means, any substance with the intent to:
(1) Use such substance in the manufacture of a Schedule I or Schedule II controlled substance; or (2) To knowingly convey such substance to another for use in the manufacture of a Schedule I or Schedule II controlled substance. (b) In determining whether a particular substance is possessed with the intent required to violate subsection (a) of this Code section, the court or other authority making such a determination may, in addition to all other logically relevant factors, consider the following: (1) Statements by the owner or anyone in control of the substances concerning its use;

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(2) Prior convictions, if any, of the owner or of anyone in control of the substances for violation of any state or federal law relating to the sale or manufacture of controlled substances; (3) Instructions or descriptive materials of any kind accompanying the substance or found in the owners or controlling persons possession concerning, explaining, or depicting its use; (4) The manner in which the substance is displayed or offered for sale; (5) The quantity and location of the substance considered in relation to the existence and scope of legitimate uses for the substance in the community; and (6) Expert testimony concerning the substances use. (c) This Code section shall not apply where possession was by a person authorized by law to dispense, prescribe, manufacture, or possess the substance in question. (d) A person who violates this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than fifteen years or by a fine not to exceed $100,000.00, or both."

SECTION 4. This Act shall become effective on January 1, 2006.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Bordeaux of the 162nd, Neal of the 1st and Ralston of the 7th move to amend the Committee substitute to HB 216 as follows:

On page 2, place a "." at the end of line 16 and delete line 17 in its entirety.

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:

Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague

Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C

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Y Benfield Y Benton
Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J
Heard, K Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A

Y Jacobs James
Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S
Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin
Martin

Y Mitchell Y Morgan Y Morris
Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall
Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts
Rogers Y Royal Y Rynders

Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre
Stanley-Turner Y Stephens
Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 156, nays 1.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Black of the 174th 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 678. By Representatives Burkhalter of the 50th, Lunsford of the 110th and Davis of the 109th:

A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the O.C.G.A., relating to certain programs and activities under the "Quality Basic Education Act," so as to provide that state law shall not prohibit a private school from conducting a prayer prior to an athletic event held on the campus of the private school; to provide that athletic teams from public schools shall not be prohibited from participating in an athletic event held on the campus of a private school in this state for the reason that the hosting private school conducts a prayer prior to such athletic event; to provide that public schools shall not participate in interscholastic sports

FRIDAY, MARCH 11, 2005

1861

events which are conducted under the authority of, conducted under the rules of, or scheduled by any athletic association which prohibits or discourages a private school from conducting a prayer prior to an athletic event held on the campus of the private school; 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 roll call was ordered and the vote was as follows:

Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague N Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges N Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

N Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar N Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J
Heard, K Y Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A

N Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson N Jacobs
James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J
Jones, S Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall
McClinton Y Meadows N Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris
Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts
Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre
Stanley-Turner Y Stephens
Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 149, nays 10.

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The Bill, having received the requisite constitutional majority, was passed.

Representatives Heard of the 114th, Jones of the 44th, and Rogers of the 26th 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 Millar of the 79th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 530. By Representative Smith of the 129th:

A BILL to be entitled an Act to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportations power to contract, so as to revise the criteria for designbuild contracts entered into by the department; 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:

Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black
Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger
Golick Y Graves, D Y Graves, T Y Greene
Hanner

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey

Y Maxwell Y May Y McCall
McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens
Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren

FRIDAY, MARCH 11, 2005

1863

Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Watson Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 163, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 366. By Representatives Murphy of the 23rd, Knox of the 24th, Amerson of the 9th, Hill of the 21st, Byrd of the 20th and others:

A BILL to be entitled an Act to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense for indigents, so as to allow alternative delivery systems to opt out from having a public defender system under certain circumstances; to correct cross-references; to amend Code Section 15-21-77 of the Official Code of Georgia Annotated, relating to collections to be appropriated for indigent defense, to correct a crossreference; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL

To amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense for indigents, so as to allow alternative delivery systems to opt out from having a public defender system under certain circumstances; to change provisions relating to alternative delivery systems; to provide for appeal; to change certain provisions relating to the Georgia Public Defender Standards Council development of standards; 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 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense for indigents, is amended by striking Code Section 17-12-8, relating to approval

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by council for representation of indigents and development of standards, and inserting in lieu thereof the following:
"17-12-8. (a) The council shall approve the development and improvement of programs which provide legal representation to indigent persons and juveniles. (b) The council shall approve and implement programs, services, rules, policies, procedures, regulations, and standards as may be necessary to fulfill the purposes and provisions of this article and to comply with all applicable laws governing the rights of indigent persons accused of violations of criminal law. Standards shall include, but shall not be limited to, the following:
(1) Standards for maintaining and operating circuit defender offices, including requirements regarding qualifications, training, and size of the legal and supporting staff of such offices; (2) Standards prescribing minimum experience, training, and other qualifications for appointed counsel where a conflict of interest arises between the public defender and an indigent person; (3) Standards for assistant public defender and appointed counsel caseloads; (4) Standards for the performance of assistant public defenders and appointed counsel representing indigent persons; (5) Standards and procedures for the appointment of independent, competent, and efficient counsel for representation in both the trial and appellate courts of indigent persons whose cases present conflicts of interest; (6) Standards for providing and compensating experts, investigators, and other persons who provide services necessary for the effective representation of indigent persons; (7) Standards for qualifications and performance of counsel representing indigent persons in capital cases; (8) Standards for determining indigence and for assessing and collecting the costs of legal representation and related services; (9) Standards for compensation of attorneys appointed to represent indigent persons under this article; (10) Standards for removing a circuit public defender for cause pursuant to Code Section 17-12-20; (11) Standards for a uniform definition of a 'case' for purposes of determining caseload statistics; and (12) Standards for accepting contractual indigent defense representation. (c) The initial minimum standards promulgated by the council pursuant to this Code section and which are determined by the General Oversight Committee for the Georgia Public Defender Standards Council to have a fiscal impact shall be submitted by the council to the General Assembly at the regular session for 2005 and shall become effective only when ratified by joint resolution of the General Assembly and upon the approval of the resolution by the Governor or upon its becoming law without such approval. The power of the council to promulgate such initial minimum standards shall

FRIDAY, MARCH 11, 2005

1865

be deemed to be dependent upon such ratification; provided, however, the minimum standards promulgated by the council shall be utilized as a guideline prior to ratification. Any subsequent amendments or additions to the initial minimum standards promulgated by the council pursuant to this Code section and which are determined by the General Oversight Committee for the Georgia Public Defender Standards Council to have a fiscal impact shall be ratified at the next regular session of the General Assembly and shall become effective only when ratified by joint resolution of the General Assembly and upon the approval of the resolution by the Governor or upon its becoming law without such approval. (d) All standards that are promulgated by the council shall be publicly available for review and shall be posted on the councils website. Each standard shall identify the date upon which the standard took effect, and if the standard is subject to ratification by the General Assembly as provided by subsection (c) of this Code section, the status of the standard with respect to ratification."
SECTION 2. Said chapter is further amended by striking Code Section 17-12-36, relating to alternative delivery systems, and inserting in lieu thereof the following:
"17-12-36. (a) The council may permit a judicial circuit composed of a single county to continue in effect an alternative delivery system to the one set forth in this article if:
(1) The delivery system: (A) Has a full-time director and staff and had been fully operational for at least two years on July 1, 2003; or (B) Is administered by the county administrative office of the courts or the office of the court administrator of the superior court and had been fully operational for at least two years on July 1, 2003;
(2) The council, by majority vote of the entire council, determines that the delivery system meets or exceeds its standards, including, without limitation, caseload standards, as the council adopts; (3) The governing authority of the county comprising the judicial circuit enacts a resolution expressing its desire to continue its delivery system and transmits a copy of such resolution to the council not later than September 30, 2004; and (4) The governing authority of the county comprising the judicial circuit enacts a resolution agreeing to fully fund its delivery system. (b) A judicial circuit composed of a single county may request an alternative delivery system only one time, which request shall be made on or before September 30, 2004; provided, however, that if such judicial circuits request for an alternative delivery system was disapproved on or before December 31, 2004, such judicial circuit may make one further request on or before September 1, 2005. The council shall allow such judicial circuit to have a hearing on such judicial circuits request. (c) The council shall make a final determination with regard to continuation of an alternative delivery system not later than December 31, 2004 December 1, 2005, and if

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the council determines that such judicial circuits alternative delivery system does not meet the standards as established by the council, the council shall notify such judicial circuit of its deficiencies in writing and shall allow such judicial circuit an opportunity to cure such deficiencies. The council shall make a final determination with regard to continuation of an alternative delivery system on or before December 31, 2005. Initial and subsequent approvals of alternative delivery systems shall be by a majority vote of the entire council. (d) Any circuit whose alternative delivery system is disapproved at any time shall be governed by the provisions of this article other than this Code section. (e) In the event an alternative delivery system is approved, the council shall annually review the operation of such system and determine whether such system is meeting the standards as established by the council and is eligible to continue operating as an approved alternative delivery system. In the event the council determines that such system is not meeting the standards as established by the council, the council shall provide written notice to such system of the deficiencies and shall provide such system an opportunity to cure such deficiencies. (f) In the event an alternative delivery system is approved, it shall keep and maintain appropriate records, which shall include the number of persons represented; the offenses charged; the outcome of each case; the expenditures made in providing services; and any other information requested by the council. (g) In the event the council disapproves an alternative delivery system either in its initial application or annual review, such system may appeal such decision to the Supreme Court of Georgia under such rules and procedures as shall be prescribed by the Supreme Court."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Murphy of the 23rd et al. was read and adopted:
A BILL
To amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense for indigents, so as to allow alternative delivery systems to opt out from having a public defender system under certain circumstances; to change provisions relating to alternative delivery systems; to provide for appeal; to change certain provisions relating to the Georgia Public Defender Standards Council development of standards; to provide for an assistant public defender for the juvenile division within each

FRIDAY, MARCH 11, 2005

1867

circuit public defender office; 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 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense for indigents, is amended by striking Code Section 17-12-8, relating to approval by council for representation of indigents and development of standards, and inserting in lieu thereof the following:
"17-12-8. (a) The council shall approve the development and improvement of programs which provide legal representation to indigent persons and juveniles. (b) The council shall approve and implement programs, services, rules, policies, procedures, regulations, and standards as may be necessary to fulfill the purposes and provisions of this article and to comply with all applicable laws governing the rights of indigent persons accused of violations of criminal law. Standards shall include, but shall not be limited to, the following:
(1) Standards for maintaining and operating circuit defender offices, including requirements regarding qualifications, training, and size of the legal and supporting staff of such offices; (2) Standards prescribing minimum experience, training, and other qualifications for appointed counsel where a conflict of interest arises between the public defender and an indigent person; (3) Standards for assistant public defender and appointed counsel caseloads; (4) Standards for the performance of assistant public defenders and appointed counsel representing indigent persons; (5) Standards and procedures for the appointment of independent, competent, and efficient counsel for representation in both the trial and appellate courts of indigent persons whose cases present conflicts of interest; (6) Standards for providing and compensating experts, investigators, and other persons who provide services necessary for the effective representation of indigent persons; (7) Standards for qualifications and performance of counsel representing indigent persons in capital cases; (8) Standards for determining indigence and for assessing and collecting the costs of legal representation and related services; (9) Standards for compensation of attorneys appointed to represent indigent persons under this article; (10) Standards for removing a circuit public defender for cause pursuant to Code Section 17-12-20; (11) Standards for a uniform definition of a 'case' for purposes of determining caseload statistics; and

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(12) Standards for accepting contractual indigent defense representation. (c) The initial minimum standards promulgated by the council pursuant to this Code section and which are determined by the General Oversight Committee for the Georgia Public Defender Standards Council to have a fiscal impact shall be submitted by the council to the General Assembly at the regular session for 2005 and shall become effective only when ratified by joint resolution of the General Assembly and upon the approval of the resolution by the Governor or upon its becoming law without such approval. The power of the council to promulgate such initial minimum standards shall be deemed to be dependent upon such ratification; provided, however, the minimum standards promulgated by the council shall be utilized as a guideline prior to ratification. Any subsequent amendments or additions to the initial minimum standards promulgated by the council pursuant to this Code section and which are determined by the General Oversight Committee for the Georgia Public Defender Standards Council to have a fiscal impact shall be ratified at the next regular session of the General Assembly and shall become effective only when ratified by joint resolution of the General Assembly and upon the approval of the resolution by the Governor or upon its becoming law without such approval. (d) All standards that are promulgated by the council shall be publicly available for review and shall be posted on the councils website. Each standard shall identify the date upon which the standard took effect, and if the standard is subject to ratification by the General Assembly as provided by subsection (c) of this Code section, the status of the standard with respect to ratification."
SECTION 2. Said chapter is further amended by striking subsection (a) of Code Section 17-12-27, relating to the appointment of assistant public defenders, and inserting in lieu thereof the following:
"(a) Subject to the provisions of this Code section, the circuit public defender in each judicial circuit is authorized to appoint:
(1) One assistant public defender for each superior court judge authorized for the circuit, excluding the chief judge and senior judges; and (2) One assistant public defender for each full-time juvenile court judge authorized for the circuit; and in those circuits where there is no full-time juvenile court judge, one assistant public defender for the juvenile division in that circuit subject to funds being appropriated by the General Assembly or otherwise available; and (3) Subject to funds being appropriated by the General Assembly or otherwise available, additional assistant public defenders as may be authorized by the council. In authorizing additional assistant public defenders, the council shall consider the caseload, present staff, and resources available to each circuit public defender, and shall make authorizations as will contribute to the efficiency of individual circuit public defenders and the effectiveness of providing adequate legal defense for indigent defendants."

FRIDAY, MARCH 11, 2005

1869

SECTION 3. Said chapter is further amended by striking Code Section 17-12-36, relating to alternative delivery systems, and inserting in lieu thereof the following:
"17-12-36. (a) The council may permit a judicial circuit composed of a single county to continue in effect an alternative delivery system to the one set forth in this article if:
(1) The delivery system: (A) Has a full-time director and staff and had been fully operational for at least two years on July 1, 2003; or (B) Is administered by the county administrative office of the courts or the office of the court administrator of the superior court and had been fully operational for at least two years on July 1, 2003;
(2) The council, by majority vote of the entire council, determines that the delivery system meets or exceeds its standards, including, without limitation, caseload standards, as the council adopts; (3) The governing authority of the county comprising the judicial circuit enacts a resolution expressing its desire to continue its delivery system and transmits a copy of such resolution to the council not later than September 30, 2004; and (4) The governing authority of the county comprising the judicial circuit enacts a resolution agreeing to fully fund its delivery system. (b) A judicial circuit composed of a single county may request an alternative delivery system only one time, which request shall be made on or before September 30, 2004; provided, however, that if such judicial circuits request for an alternative delivery system was disapproved on or before December 31, 2004, such judicial circuit may make one further request on or before September 1, 2005. The council shall allow such judicial circuit to have a hearing on such judicial circuits request. (c) The council shall make a final determination with regard to continuation of an alternative delivery system not later than December 31, 2004 December 1, 2005, and if the council determines that such judicial circuits alternative delivery system does not meet the standards as established by the council, the council shall notify such judicial circuit of its deficiencies in writing and shall allow such judicial circuit an opportunity to cure such deficiencies. The council shall make a final determination with regard to continuation of an alternative delivery system on or before December 31, 2005. Initial and subsequent approvals of alternative delivery systems shall be by a majority vote of the entire council. (d) Any circuit whose alternative delivery system is disapproved at any time shall be governed by the provisions of this article other than this Code section. (e) In the event an alternative delivery system is approved, the council shall annually review the operation of such system and determine whether such system is meeting the standards as established by the council and is eligible to continue operating as an approved alternative delivery system. In the event the council determines that such system is not meeting the standards as established by the council, the council shall

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provide written notice to such system of the deficiencies and shall provide such system an opportunity to cure such deficiencies. (f) In the event an alternative delivery system is approved, it shall keep and maintain appropriate records, which shall include the number of persons represented; the offenses charged; the outcome of each case; the expenditures made in providing services; and any other information requested by the council. (g) In the event the council disapproves an alternative delivery system either in its initial application or annual review, such system may appeal such decision to the Supreme Court of Georgia under such rules and procedures as shall be prescribed by the Supreme Court."

SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; except that Section 2 of this Act shall become effective when funds are specifically appropriated and available for the purpose of Section 2 in an appropriations Act making specific reference to the provisions of Section 2 of this Act.

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:

Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G
Burkhalter Y Burmeister

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger

N Holmes Holt
Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S N Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox

Y Maxwell Y May
McCall McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet

FRIDAY, MARCH 11, 2005

1871

Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T Y Cooper Y Cox

Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin

Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal
Rynders

N Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 157, nays 5.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 438. By Representatives Yates of the 73rd, Lakly of the 72nd, Freeman of the 140th, Warren of the 122nd and Thomas of the 100th:

A BILL to be entitled an Act to amend Code Section 38-4-2 of the Official Code of Georgia Annotated, relating to the powers of the Department of Veterans Service and the Veterans Service Board and the appointment of the administrator and director of the Georgia War Veterans Nursing Homes, so as to change the method of appointment of the executive directors of the veterans homes; 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:

Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black
Bordeaux E Borders Y Bridges

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mosley Y Mumford

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R

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Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D
Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman
Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield
Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Murphy, J Murphy, Q
Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell
Ralston Y Randall Y Ray Y Reece, B Y Reece, S
Reese Y Rice Y Roberts Y Rogers Y Royal
Rynders

Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B
Tumlin Y Walker Y Warren
Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 159, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

Representatives Heard of the 104th, Murphy of the 120th, and Tumlin of the 38th 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 404. By Representatives Yates of the 73rd, Orrock of the 58th, Lakly of the 72nd, Freeman of the 140th, Warren of the 122nd and others:

A BILL to be entitled an Act to amend Code Section 34-8-194 of the Official Code of Georgia Annotated, relating to grounds for disqualification of unemployment benefits, so as to provide that leaving an employer because of the transfer of a spouse from one military assignment to another shall not disqualify a person from such benefits; 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:

Abdul-Salaam Y Amerson

Y Crawford Y Cummings

Y Holmes Y Holt

Maxwell Y May

Y Sailor Y Scheid

FRIDAY, MARCH 11, 2005

1873

Y Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders
Bridges Y Brooks Y Brown
Bruce E Bryant Y Buckner, D
Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell
Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts
Rogers Y Royal
Rynders

Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 160, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

Representative Bridges of the 10th and Buckner of the 76th 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 431. By Representatives Talton of the 145th, O`Neal of the 146th, Burkhalter of the 50th, Keen of the 179th, Bryant of the 160th and others:

A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, the "Disposition of Unclaimed Property Act," so as to provide for an alternative method of disposition with respect to certain dividends or capital credits which are presumed abandoned;

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to provide for definitions; to provide for procedures; 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:

Abdul-Salaam Y Amerson Y Anderson N Ashe Y Barnard E Barnes
Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown
Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day Y Dean
Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England
Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal
Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell
Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts
Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix
Yates Richardson, Speaker

On the passage of the Bill, the ayes were 159, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

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1875

Representative Ashe of the 56th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.
HB 97. By Representatives Ralston of the 7th and Graves of the 12th:
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 judges of superior courts, so as to provide for a third judge of the superior courts of the Appalachian Judicial Circuit; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of said court to divide and allocate the work and duties thereof; to provide for the manner of impaneling jurors; to provide for an additional court reporter for said circuit; to declare inherent authority; to provide for a conditional effective date; to repeal conflicting laws; and for other purposes.
The following substitute, offered by the Committee on Rules, was read and adopted:
A BILL
To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior court, so as to provide for a third judge of the superior courts of the Appalachian Judicial Circuit, to provide for a fourth judge of the superior courts of the Cherokee Judicial Circuit, a third judge of the superior courts of the Flint Judicial Circuit, a ninth judge of the superior courts of the Gwinnett Judicial Circuit, and a fifth judge of the superior courts of the Southern Judicial Circuit; to provide for the appointment of such additional judges by the Governor; to provide for the election of successors to the judges initially appointed; to prescribe the powers of such judges; to prescribe the compensation, salary, and expense allowance of such judges to be paid by the State of Georgia and the counties comprising said circuits; to authorize the judges of such circuits to divide and allocate the work and duties thereof; to provide for the manner of impaneling jurors; to provide for an additional court reporter for such circuits; to authorize the governing authority of the counties that comprise such circuits to provide facilities, office space, supplies, equipment, and personnel for such judges; to declare inherent authority; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part I SECTION 1-1.

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Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of

judges of superior courts, is amended by striking paragraphs (2.1), (9), (18), (20), and

(35) and inserting their place new paragraphs to read as follows:

"(2.1) Appalachian Circuit

2 3"

"(9) Cherokee Circuit

3 4"

"(18) Flint Circuit

2 3"

"(20) Gwinnett Circuit

8 9"

"(35) Southern Circuit

4 5"

Part II SECTION 2-1.

One additional judge of the superior courts is added to the Appalachian Judicial Circuit, thereby increasing to three the number of judges of said circuit.

SECTION 2-2. Said additional judge shall be appointed by the Governor for a term beginning January 1, 2006, and continuing through December 31, 2006, and until his or her successor is elected and qualified; such judge shall take office on the date of his or her appointment by the Governor. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2006, for a term of four years beginning on January 1, 2007, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election.

SECTION 2-3. The additional judge of the superior courts of the Appalachian Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Appalachian Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.

SECTION 2-4. The qualifications of such additional judge and his or her successors and his or her compensation, salary, and expense allowance from the State of Georgia and from the counties of the superior courts of the Appalachian Judicial Circuit shall be the same as are now provided by law for all other superior court judges. The provisions, if any, enacted for the supplementation by the counties of said circuit of the salary of the judges of the superior courts of the Appalachian Judicial Circuit shall also be applicable to the additional judge provided for by this Act.

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1877

SECTION 2-5. All writs and processes in the superior courts of the Appalachian Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide three judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts.
SECTION 2-6. Upon and after qualification of the additional judge of the superior court of the Appalachian Judicial Circuit, the three judges of said court may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof, the majority shall rule, or failing a majority, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling.
SECTION 2-7. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of said circuit; and they, or any one of them, shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before any of said judges separately or before each of them at the same time.
SECTION 2-8. The three judges of the Appalachian Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.
SECTION 2-9. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Appalachian Judicial Circuit may bear teste in the name of any judge of the Appalachian Judicial Circuit, and when issued by and in the name of any judge of said circuit shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said circuit may preside over any case therein and perform any official act as judge thereof.
SECTION 2-10.

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Upon request of any judge of the circuit, the governing authorities of the counties comprising the Appalachian Judicial Circuit are authorized to furnish the judges of said circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such.
SECTION 2-11. Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.
Part III SECTION 3-1.
One additional judge of the superior courts is added to the Cherokee Judicial Circuit, thereby increasing to four the number of judges of said circuit.
SECTION 3-2. Said additional judge shall be appointed by the Governor for a term beginning January 1, 2006, and continuing through December 31, 2006, and until a successor is elected and qualified. A successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2006, for a term of four years beginning on January 1, 2007, and until a successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election.
SECTION 3-3. The additional judge of the superior courts of the Cherokee Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Cherokee Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.
SECTION 3-4. The qualifications of such additional judge and his or her successors shall be the same as are now provided by law for all other superior court judges and his or her compensation, salary, and expense allowance from the State of Georgia and from the counties comprising the Cherokee Judicial Circuit shall be the same as are now provided by law for the other superior court judges of such circuit. The provisions, if any, enacted for the

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supplementation by the counties of such circuit of the salary of the judges of the superior courts of the Cherokee Judicial Circuit shall also be applicable to the additional judge provided for by this Act.
SECTION 3-5. All writs and processes in the superior courts of the Cherokee Judicial Circuit shall be returnable to the terms of such superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of such courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide four judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of such superior courts and to direct and conduct all hearings and trials in such courts.
SECTION 3-6. Upon and after qualification of the additional judge of the superior court of the Cherokee Judicial Circuit, the four judges of such circuit may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. The four judges of the superior courts of the Cherokee Judicial Circuit shall have and are clothed with full power, authority, and discretion to determine from time to time and term to term the manner of calling the dockets, fixing the calendars, and order of business in such courts. They may assign to one of such judges the hearing of trials by jury for a term and the hearing of all other matters not requiring a trial by jury to the other judges, and they may rotate such order of business at the next term. They may conduct trials by jury at the same time in the same county or otherwise within such circuit, or they may hear chambers business and motion business at the same time at any place within such circuit. They may provide in all respects for holding the superior courts of such circuit so as to facilitate the hearing and determination of all the business of such courts at any time pending and ready for trial or hearing. In all such matters relating to the fixing, arranging for, and disposing of the business of such courts and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge as provided for in this Act shall control.
SECTION 3-7. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of such circuit; and they, or any one of them, shall have full power and authority to draw and impanel jurors for service in such courts so as

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to have jurors for the trial of cases before any of such judges separately or before each of them at the same time.
SECTION 3-8. The four judges of the Cherokee Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.
SECTION 3-9. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Cherokee Judicial Circuit may bear teste in the name of any judge of the Cherokee Judicial Circuit and, when issued by and in the name of any judge of such circuit, shall be fully valid and may be heard and determined before the same or any other judge of such circuit. Any judge of such circuit may preside over any case therein and perform any official act as judge thereof.
SECTION 3-10. Upon request of any judge of the circuit, the governing authorities of the counties comprising the Cherokee Judicial Circuit are authorized to furnish the judges of such circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such.
SECTION 3-11. Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.
Part IV SECTION 4-1.
One additional judge of the superior courts is added to the Flint Judicial Circuit, thereby increasing to three the number of judges of said circuit.
SECTION 4-2. The additional judge provided for in this Act shall be appointed by the Governor for an initial term of office beginning on January 1, 2006, and ending on December 31, 2006, and until a successor is elected and qualified. A successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2006, for a term of four years beginning on the first day of January, 2007, and until a successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of

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four years and until their successors are elected and qualified. Successors shall take office on the first day of January following the date of their election.
SECTION 4-3. Every person who shall offer for nomination and election as one of the judges of the superior courts of the Flint Judicial Circuit of Georgia shall designate with the proper authority in all general elections the specific judgeship for which he or she is offering as a candidate by naming the incumbent judge whom he or she desires to succeed, and thereupon he or she shall be qualified, if otherwise qualified to offer as a candidate for said specific judgeship and no other. In the event there is no incumbent judge in the place for which such person desires to offer, the candidate shall qualify by announcing his or her intention to offer as a candidate for the office for which there is no incumbent.
SECTION 4-4. The additional judge of the superior courts of the Flint Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of said courts may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.
SECTION 4-5. The judge of said courts senior in length of continuous service as a superior court judge shall be the chief judge of the Flint Judicial Circuit. Such chief judge shall be responsible for the administration and the expeditious disposition of the business of the superior courts of said circuit, both civil and criminal, and shall have power to make such rules as he or she shall deem necessary or proper for such purpose but not in conflict with the general laws of this state, which rules, when approved by said chief judge and filed in the offices of each of the clerks of the superior courts of the counties comprising the Flint Judicial Circuit, shall be binding upon the other judge or judges of said circuit. The chief judge shall be vested with the power to make all appointments whenever the law provides for the superior court judge to make appointments. Such chief judge may by published rule, or from time to time by order, allocate the jurisdiction and powers of the superior courts of said circuit and the duties of the judges thereof; may assign to the other judges of said circuit such of the business of said circuit as the chief judge shall deem appropriate; may make and publish calendars, both civil and criminal; may require reports from the clerks of court of said circuit and from other judges of said circuit relative to business of the courts; and generally shall supervise and direct the disposition of all business, both civil and criminal, of said courts.
SECTION 4-6. (a) The compensation, salary, and expense allowance of said additional judge of the superior courts of the Flint Judicial Circuit shall be the same as that provided by the State

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of Georgia for other judges of the superior courts of Georgia. (b) Said additional judge shall receive a local salary supplement in the same amount heretofore prescribed by law for the other judges of the superior courts of the Flint Judicial Circuit; and such supplement shall be paid from funds of the counties comprising the Flint Judicial Circuit in the same proportions heretofore prescribed by law for the supplements of the other judges of the superior courts of the Flint Judicial Circuit.
SECTION 4-7. All writs, processes, orders, subpoenas, and other official papers issuing out of the superior courts of the Flint Judicial Circuit may bear teste in the name of any judge of said Flint Judicial Circuit. When issued by and in the name of any judge of said circuit, they shall be fully valid and may be determined before any judge in the regular course of business of said courts. Any judge of said courts may preside over any cause therein and perform any official act as judge thereof.
SECTION 4-8. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior courts of the circuit. Any of said judges shall have full power and authority to draw and empanel jurors for service in said courts so as to have jurors for the trial of cases before any of said judges separately or before each of them at the same time.
SECTION 4-9. The chief judge of the Flint Judicial Circuit shall be authorized to employ an additional court reporter for such duties and for such compensation as the chief judge sees fit up to and including, but not exceeding, the remuneration of the present court reporters of the Flint Judicial Circuit as the same is now fixed or may hereafter be fixed by law. In the employment of said court reporter, the additional judge shall have the right to select and approve the individual to fill said position, and said court reporter shall be assigned to the additional judge. However, the chief judge, under the provisions of Section 5 of this Act, shall be authorized to assign temporarily said court reporter to other duties in order to equalize the workload and when the business of the courts shall require the same.
SECTION 4-10. Upon request of the chief judge, the board of commissioners of each county comprising the Flint Judicial Circuit is authorized to furnish all judges of said courts with suitable courtrooms and facilities, office space, telephone, furniture, office equipment, supplies, and such personnel as may be considered necessary to the proper functioning of the courts. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of each county treasury as such.
SECTION 4-11.

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Nothing enumerated in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.
Part V SECTION 5-1.
The additional judge of the superior court of the Gwinnett Judicial Circuit shall be appointed by the Governor for a term beginning January 1, 2006, and expiring December 31, 2006, and until a successor is elected and qualified. At the nonpartisan judicial election to be held in 2006, there shall be elected a successor to the first additional judge appointed as provided for above, and he or she shall take office on the first day of January, 2007, and serve for a term of office of four years and until a successor is duly elected and qualified. All subsequent successors to such judge shall be elected at the nonpartisan judicial election conducted in the year in which the term of office shall expire for a term of four years and until his or her successor is duly elected and qualified. Said elections shall be held and conducted as is now or may hereafter be provided by law for the election of judges of the superior courts of the State of Georgia.
SECTION 5-2. The additional judge of the superior court of the Gwinnett Judicial Circuit shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of said court may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.
SECTION 5-3. The compensation, salary, and contingent expense allowance of said additional judge of the superior court of the Gwinnett Judicial Circuit shall be the same as that of other judges of the superior courts of Georgia. The additional judge shall also be paid a county supplement by the county comprising said circuit in the same manner and to the same extent as the present superior court judges of said circuit are paid.
SECTION 5-4. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior court of the Gwinnett Judicial Circuit may bear teste in the name of any judge of said circuit and, when issued by and in the name of any of said judges of said circuit, shall be fully valid and may be held and determined before any judge of said circuit.
SECTION 5-5. Upon and after qualification of the additional judge of the superior court of the Gwinnett Judicial Circuit, the nine judges of said court shall be authorized to adopt, promulgate, amend, and enforce such rules of procedure in consonance with the Constitution and laws

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of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall divide and allocate the work and duties to be performed by each. In the event of a disagreement between or among said judges affecting the duties and responsibilities of the judges of the superior court of the Gwinnett Judicial Circuit, the decision of the senior judge in term of current continuous, uninterrupted service shall be controlling.
SECTION 5-6. The judge of said court, senior in term of current continuous, uninterrupted service as a judge of the superior court, shall be the presiding judge of said court in whom shall be vested the power to make all appointments whenever the law provides for the superior court judge to make appointments, except as herein provided.
SECTION 5-7. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of said circuit; and any such judge of the superior court of said circuit shall have full power and authority to draw and impanel jurors for service in said court so as to have jurors for the trial of cases before each of said judges separately or before each of them at the same time.
SECTION 5-8. The nine judges of the superior court of the Gwinnett Judicial Circuit shall be authorized and empowered to employ an additional court reporter for such duties and for such compensation as such judges see fit, up to and including, but not exceeding, the remuneration of the present court reporters of the Gwinnett Judicial Circuit as the same is now fixed or may hereafter be fixed.
SECTION 5-9. The governing authority of the county comprising the Gwinnett Judicial Circuit is fully authorized and empowered to provide suitable courtrooms, jury rooms, and chambers for the nine judges of the superior court of the Gwinnett Judicial Circuit upon the recommendation of said judges.
Part VI SECTION 6-1.
One additional judge of the superior courts is added to the Southern Judicial Circuit, thereby increasing to five the number of judges of said circuit.
SECTION 6-2. Said additional judge shall be appointed by the Governor for a term beginning January 1, 2006, and continuing through December 31, 2006, and until a successor is

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elected and qualified; such judge shall take office on the date of his or her appointment by the Governor. A successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2006, for a term of four years beginning on January 1, 2007, and until a successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election.
SECTION 6-3. The additional judge of the superior courts of the Southern Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Southern Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.
SECTION 6-4. The qualifications of such additional judge and his or her successors and his or her compensation, salary, and expense allowance from the State of Georgia and from the counties of the superior courts of the Southern Judicial Circuit shall be the same as are now provided by law for all other superior court judges. The provisions, if any, enacted for the supplementation by the counties of said circuit of the salary of the judges of the superior courts of the Southern Judicial Circuit shall also be applicable to the additional judge provided for by this Act.
SECTION 6-5. All writs and processes in the superior courts of the Southern Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide five judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts.
SECTION 6-6. Upon and after qualification of the additional judge of the superior court of the Southern Judicial Circuit, the five judges of said court may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof,

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the majority shall rule, or failing a majority, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling.
SECTION 6-7. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of said circuit; and they, or any one of them, shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before any of said judges separately or before each of them at the same time.
SECTION 6-8. The five judges of the Southern Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.
SECTION 6-9. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Southern Judicial Circuit may bear teste in the name of any judge of the Southern Judicial Circuit, and when issued by and in the name of any judge of said circuit shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said circuit may preside over any case therein and perform any official act as judge thereof.
SECTION 6-10. Upon request of any judge of the circuit, the governing authorities of the counties comprising the Southern Judicial Circuit are authorized to furnish the judges of said circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such.
SECTION 6-11. Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.
Part VII SECTION 7-1.
(a) For purposes of making the initial appointment of the judge to fill the superior court judgeships created by this Act, this Act shall become effective upon its approval by the Governor or its becoming law without such approval. (b) For all other purposes, this Act shall become effective January 1, 2006.

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SECTION 7-2. 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:

Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes
Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown
Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings
Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson
Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall Y McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts
Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R
Wix Yates Richardson, 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.

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HB 437. By Representative Scott of the 153rd:

A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exceptions from the requirements of public disclosure, so as to exempt disclosure of certain personal information; 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:

Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas
Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings
Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Freeman
Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons
Porter Y Powell
Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts
Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix
Yates Richardson, Speaker

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On the passage of the Bill, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The Speaker Pro Tem assumed the Chair.
HB 539. By Representatives O`Neal of the 146th, Parrish of the 156th, Keen of the 179th, Horne of the 71st, Channell of the 116th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits for certain entertainment industry production investments; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner, the Department of Revenue, and the Department of Economic Development; to provide for applicability; 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 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to revise and change provisions regarding state income tax credits; to repeal certain business enterprise income tax credits based upon business growth; to provide for income tax credits for certain entertainment industry production investments; to provide for a short title; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner, the Department of Revenue, and the Department of Economic Development; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 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 striking Code Section 48-7-40.13, relating to business enterprise income tax credits based upon business growth, and inserting in its place a new Code Section 48-7-40.13 to read as follows:
"48-7-40.13. (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

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and distribution, processing, telecommunications, tourism, and research and development industries. Such term shall not include retail businesses. (b) A tax credit is allowed a business enterprise having a Georgia net taxable income in the current taxable year which is 20 percent or more above that of the preceding taxable year, if such business enterprises Georgia net taxable income in each of the two taxable years preceding the current taxable year also was 20 percent or more above each respective preceding taxable year. (c) The tax credit provided in subsection (b) of this Code section shall be the excess over 20 percent of the percentage growth in the business enterprises Georgia net taxable income in the current taxable year, provided that the tax credit shall not exceed 50 percent of the business enterprises Georgia net income tax liability after all other credits have been applied for the current taxable year and shall not be allowed if the total Georgia income tax liability before application of the credit exceeds $1.5 million. (d) The tax credit provided in subsection (b) of this Code section may not be carried backward or forward Reserved."
SECTION 2. Said article is further amended by adding a new Code section immediately following Code Section 48-7-40.25 to be designated Code Section 48-7-40.26 to read as follows:
"48-7-40.26. (a) This Code section shall be known and may be cited as the 'Georgia Entertainment Industry Investment Act.' (b) As used in this Code section, the term:
(1) 'Affiliates' means those entities that are included in the production companys affiliated group as defined in Section 1504(a) of the Internal Revenue Code and all other entities that are directly or indirectly owned 50 percent or more by members of the affiliated group. (2) 'Base investment' means the aggregate funds actually invested and expended by a production company as production expenditures incurred in this state that are directly used in a state certified production or productions. (3) 'Multimarket commercial distribution' means commercial distribution which extends to markets outside the State of Georgia. (4) 'Production company' means a company primarily engaged in qualified production activities which have been approved by the Department of Economic Development. This term shall not mean or include any form of business owned, affiliated, or controlled, in whole or in part, by any company or person which is in default on any tax obligation of the state, or a loan made by the state or a loan guaranteed by the state. (5) 'Production expenditures' means preproduction, production, and postproduction expenditures incurred in this state that are directly used in a qualified production activity, including without limitation the following: set construction and operation; wardrobes, make-up, accessories, and related services; costs associated with photography and sound synchronization, lighting, and related services and materials;

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editing and related services; rental of facilities and equipment; leasing of vehicles; costs of food and lodging; digital or tape editing, film processing, transfers of film to tape or digital format, sound mixing, computer graphics services, special effects services, and animation services; total aggregate payroll; airfare, if purchased through a Georgia based travel agency or travel company; insurance costs and bonding, if purchased through a Georgia based insurance agency; and other direct costs of producing the project in accordance with generally accepted entertainment industry practices. This term shall not include postproduction expenditures for marketing and distribution. (6) 'Qualified production activities' means the production of new film, video, or digital projects produced in this state and approved by the Department of Economic Development, such as feature films, series, pilots, movies for television, commercial advertisements, music videos, interactive entertainment or sound recording projects used in feature films, series pilots, or movies for television. Such activities shall include projects recorded in this state, in whole or in part, in either short or long form, animation and music, fixed on a delivery system which includes without limitation film, videotape, computer disc, laser disc, and any element of the digital domain, from which the program is viewed or reproduced, and which is intended for multimarket commercial distribution via theaters, licensing for exhibition by individual television stations, groups of stations, networks, cable television stations, public broadcasting stations, corporations, live venues, the Internet, or any other channel of exhibition. Such term shall not include the production of television coverage of news and athletic events. (7) 'Resident' means an individual as designated pursuant to paragraph (10) of Code Section 48-7-1, as amended. (8) 'State certified production' means a production engaged in qualified production activities which have been approved by the Department of Economic Development in accordance with regulations promulgated pursuant to this Code section. (9) 'Tier' means a tier as designated pursuant to Code Section 48-7-40, as amended. (10) 'Total aggregate payroll' means the total sum expended by a production company on salaries paid to employees working within this state in a state certified production or productions. For purposes of this paragraph:
(A) With respect to a single employee, the portion of any salary which exceeds $500,000.00 for a single production shall not be included when calculating total aggregate payroll; and (B) All payments to a single employee and any legal entity in which the employee has any direct or indirect ownership interest shall be considered as having been paid to the employee and shall be aggregated regardless of the means of payment or distribution. (c) For any production company and its affiliates that invest in a state certified production approved by the Department of Economic Development and whose average annual total production expenditures in this state did not exceed $30 million for 2002, 2003, and 2004, there shall be allowed an income tax credit against the tax imposed

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under this article. The tax credit under this subsection shall be allowed if the base investment in this state equals or exceeds $500,000.00 for qualified production activities and shall be calculated as follows:
(1) The production company shall be allowed a tax credit equal to 9 percent of the base investment in this state; (2) If the base investment in this state is in a tier 1 or tier 2 county, the production company shall be allowed an additional tax credit equal to 3 percent of such base investment; (3) If Georgia residents are employed in the production, the production company shall be allowed an additional tax credit equal to 3 percent of the total aggregate payroll of Georgia residents; and (4) If the base investment in this state is in excess of $20 million for multiple television projects, the production company shall be allowed an additional tax credit equal to 2 percent of such base investment. (d) For any production company and its affiliates that invest in a state certified production approved by the Department of Economic Development and whose average annual total production expenditures in this state exceeded $30 million for 2002, 2003, and 2004, there shall be allowed an income tax credit against the tax imposed under this article. For purposes of this subsection, the excess base investment in this state is computed by taking the current year production expenditures in a state certified production and subtracting the average of the annual total production expenditures for 2002, 2003, and 2004. The tax credit shall be calculated as follows: (1) If the excess base investment in this state equals or exceeds $500,000.00, the production company and its affiliates shall be allowed a tax credit of 9 percent of such excess base investment; (2) An additional tax credit of 3 percent shall be allowed to the production company and its affiliates that qualify for and claim a credit under paragraph (1) of this subsection but only with respect to that portion of such production companys and affiliates base investment that is the difference between the production expenditures in a state certified production in a tier 1 or tier 2 county in the current year and the average of the aggregate production expenditures made in those same counties for the years 2002, 2003, and 2004; (3) If Georgia residents are employed in the production, the production company and its affiliates shall be allowed an additional tax credit equal to 3 percent of the difference between the total aggregate payroll of Georgia residents, which is includable in the base investment in the current year, and the average of the aggregate payroll of Georgia residents for the years 2002, 2003, and 2004; and (4) If the excess base investment in this state is in excess of $20 million for multiple television projects, the production company and its affiliates shall be allowed an additional tax credit equal to 2 percent of the difference between the production expenditures in a state certified production for multiple television projects in the current year over the average of the production expenditures for multiple television projects for the years 2002, 2003, and 2004.

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(e)(1) Where the amount of such credit or credits exceeds the production companys liability for such taxes in a taxable year, the excess may be taken as a credit against such production companys quarterly or monthly payment under Code Section 48-7103. Each employee whose employer receives credit against such production companys quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the production company. (2) If a production company, or a production company and its affiliates, claim the credit authorized under Code Section 48-7-40, 48-7-40.1, 48-7-40.17, or 48-7-40.18, then the production company, or the production company and its affiliates, will only be allowed to claim the credit authorized under this Code section to the extent that the Georgia resident employees included in the credit calculation authorized under this Code section and taken by the production company, or the production company and its affiliates, on such tax return under this Code section have been permanently excluded from the credit authorized under Code Section 48-7-40, 48-7-40.1, 48-740.17, or 48-7-40.18. (f) Any tax credits with respect to a state certified production earned by a production company and previously claimed but not used by such production company against its income tax may be transferred or sold in whole or in part by such production company to another Georgia taxpayer, subject to the following conditions: (1) Such production company may make only a single transfer or sale of tax credits earned in a taxable year; however, the transfer or sale may involve one or more transferees; (2) Such production company shall submit to the Department of Economic Development and to the Department of Revenue a written notification of any transfer or sale of tax credits within 30 days after the transfer or sale of such tax credits. The notification shall include such production companys tax credit balance prior to transfer, the credit certificate number, the remaining balance after transfer, all tax identification numbers for each transferee, the date of transfer, the amount transferred, and any other information required by the Department of Economic Development or the Department of Revenue; (3) Failure to comply with this subsection shall result in the disallowance of the tax credit until the production company is in full compliance; (4) The transfer or sale of this tax credit does not extend the time in which such tax credit can be used. The carry-forward period for tax credit that is transferred or sold shall begin on the date on which the tax credit was originally earned; (5) A transferee shall have only such rights to claim and use the tax credit that were available to such production company at the time of the transfer, except for the use of the credit in paragraph (1) of subsection (e) of this Code section. To the extent that

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such production company did not have rights to claim or use the tax credit at the time of the transfer, the Department of Revenue shall either disallow the tax credit claimed by the transferee or recapture the tax credit from the transferee. The transferees recourse is against such production company; and (6) The transferee must acquire the tax credits in this Code section for a minimum of 60 percent of the amount of the tax credits so transferred. (g) The credit granted under this Code section shall be subject to the following conditions and limitations: (1) The credit may be taken beginning with the taxable year in which the production company has met the investment requirement. For each year in which such production company either claims or transfers the credit, the production company shall attach a schedule to the production companys Georgia income tax return which will set forth the following information, as a minimum:
(A) A description of the qualified production activities, along with the certification from the Department of Economic Development; (B) A detailed listing of the employee names, social security numbers, and Georgia wages when salaries are included in the base investment; (C) The amount of tax credit claimed for the taxable year; (D) Any tax credit previously taken by the production company against Georgia income tax liabilities or the production companys quarterly or monthly payments under Code Section 48-7-103; (E) The amount of tax credit carried over from prior years; (F) The amount of tax credit utilized by the production company in the current taxable year; and (G) The amount of tax credit to be carried over to subsequent tax years; (2) In the initial year in which the production company claims the credit granted in this Code section, the production company shall include in the description of the qualified production activities required by subparagraph (A) of paragraph (1) of this subsection information which demonstrates that the activities included in the base investment or excess base investment equal or exceed $500,000.00 during such year; and (3) In no event shall the amount of the tax credit under this Code section for a taxable year exceed the production companys income tax liability. Any unused credit amount shall be allowed to be carried forward for five years from the close of the taxable year in which the investment occurred. No such credit shall be allowed the production company against prior years tax liability. (h) The Department of Economic Development shall determine through the promulgation of rules and regulations what projects qualify for the tax credits authorized under this Code section. Certification shall be submitted to the state revenue commissioner. (i) The state revenue commissioner shall promulgate such rules and regulations as are necessary to implement and administer this Code section.

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(j) Any production company claiming, transferring, or selling the tax credit shall be required to reimburse the Department of Revenue for any department initiated audits relating to the tax credit. This subsection shall not apply to routine tax audits of a taxpayer which may include the review of the credit provided in this Code section."

SECTION 3. (a) Except as provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2005. (b) Section 1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2006.

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:

Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden
Beasley-Teague Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas

Y Crawford Y Cummings
Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene
Hanner

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey

Maxwell Y May Y McCall Y McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren

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Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, 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.

HB 538. By Representatives O`Neal of the 146th, Fleming of the 117th, Smith of the 129th, Keen of the 179th and Rynders of the 152nd:

A BILL to be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide for certain benefits for members of the national guard or reserve components of the armed services of the United States; to provide for state income tax exclusion; to provide for procedures, conditions, and limitations; to provide for certain automatic license or registration extension; to provide for an exemption regarding continuing education requirements; to provide for nonapplicability; 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 Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide for certain benefits for members of the national guard or reserve components of the armed services of the United States; to provide for certain automatic license or registration extension; to provide for an exemption regarding continuing education requirements; to provide for nonapplicability; to provide for an income tax credit for certain qualified life insurance premiums; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide for 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:

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SECTION 1. Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, is amended by adding a new Code section at the end of Article 1, relating to general provisions, to be designated Code Section 48-7-6, to read as follows:
"48-7-6. (a) Notwithstanding any provision of law to the contrary, any member of the national guard or any reserve component of the armed services of the United States who serves on active duty for at least 90 consecutive days shall by operation of this subsection automatically be granted an extension, without fee charged for such extension, of any annual license or registration otherwise required under any other provision of law by the state or any agency, department, board, bureau, or commission of the state. Such extension shall continue until the otherwise regular expiration date which occurs in the year next succeeding the year in which such active duty ceases. (b) Notwithstanding any provision of law to the contrary, any member of the national guard or any reserve component of the United States who qualifies for the license or registration extension under subsection (b) of this Code section shall be exempt from any continuing education requirements during such automatic extension period. (c) This Code section shall not apply to attorneys."
SECTION 2. Said chapter is further amended by adding a new Code section immediately following Code Section 48-7-29.8, to be designated Code Section 48-7-29.9, to read as follows:
"48-7-29.9. (a) As used in this Code section, the term:
(1) 'Active duty' means full time duty in the United States armed forces, other than active duty for training, for a period of more than 90 consecutive days. (2) 'Active duty for training' means full time duty in the United States armed forces for a period of more than 90 consecutive days for training purposes performed by members of the national guard and air national guard who are residents of this state. (3) 'Qualified life insurance' means insurance coverage through the Servicemembers Group Life Insurance Program administered by the United States Department of Veterans Affairs for the maximum benefit amount available under such program for the loss of life of a member of the national guard or air national guard who is a resident of this state while on active duty or active duty for training. (b) A taxpayer shall be allowed a credit against the tax imposed by Code Section 48-720 in an amount not to exceed the amount expended for qualified life insurance premiums. (c) The credit provided under this subsection: (1) Shall be claimed and allowed in the year in which the majority of such days are served. In the event an equal number of consecutive days are served in two calendar years, then the exclusion shall be claimed and allowed in the year in which the ninetieth day occurs; and

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(2) Shall apply with respect to each taxable year in which such member serves for such qualifying period of time. (d) 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 allowed the taxpayer against succeeding years tax liability. No such credit shall be allowed the taxpayer against prior years tax liability. (e) The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the provisions of this Code section."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2005.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by the Committee on Rules, was read and adopted:
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 certain benefits for members of the national guard or reserve components of the armed services of the United States; to provide for certain automatic license or registration extension; to provide for an exemption regarding continuing education requirements; to provide for nonapplicability; to provide for an income tax credit for certain qualified life insurance premiums; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide for 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. Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, is amended by adding a new Code section at the end of Article 1, relating to general provisions, to be designated Code Section 48-7-6, to read as follows:
"48-7-6. (a) Notwithstanding any provision of law to the contrary, any member of the national guard or any reserve component of the armed services of the United States who serves on active duty for at least 90 consecutive days shall by operation of this subsection automatically be granted an extension, without fee charged for such extension, of any

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annual license or registration otherwise required under any other provision of law by the state or any agency, department, board, bureau, or commission of the state. Such extension shall continue until the otherwise regular expiration date which occurs in the year next succeeding the year in which such active duty ceases. (b) Notwithstanding any provision of law to the contrary, any member of the national guard or any reserve component of the United States who qualifies for the license or registration extension under subsection (a) of this Code section shall be exempt from any continuing education requirements during such automatic extension period. (c) This Code section shall not apply to attorneys."
SECTION 2. Said chapter is further amended by adding a new Code section immediately following Code Section 48-7-29.8, to be designated Code Section 48-7-29.9, to read as follows:
"48-7-29.9. (a) As used in this Code section, the term:
(1) 'Active duty' means full time duty in the United States armed forces, other than active duty for training, for a period of more than 90 consecutive days. (2) 'Active duty for training' means full time duty in the United States armed forces for a period of more than 90 consecutive days for training purposes performed by members of the national guard and air national guard who are residents of this state. (3) 'Qualified life insurance' means insurance coverage through the Servicemembers Group Life Insurance Program administered by the United States Department of Veterans Affairs for the maximum benefit amount available under such program for the loss of life of a member of the national guard or air national guard who is a resident of this state while on active duty or active duty for training. (b) A taxpayer shall be allowed a credit against the tax imposed by Code Section 48-720 in an amount not to exceed the amount expended for qualified life insurance premiums. (c) The credit provided under this subsection: (1) Shall be claimed and allowed in the year in which the majority of such days are served. In the event an equal number of consecutive days are served in two calendar years, then the exclusion shall be claimed and allowed in the year in which the ninetieth day occurs; and (2) Shall apply with respect to each taxable year in which such member serves for such qualifying period of time. (d) 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 allowed the taxpayer against succeeding years tax liability. No such credit shall be allowed the taxpayer against prior years tax liability. (e) The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the provisions of this Code section."
SECTION 3.

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This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 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, by substitute.

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

Abdul-Salaam Y Amerson Y Anderson
Ashe Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings
Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin
Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene
Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall Y McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

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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 Davis of the 109th 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 488. By Representatives O`Neal of the 146th and Knight of the 126th:
A BILL to be entitled an Act to amend Title 48 of the O.C.G.A., relating to revenue and taxation, so as to enact the "State and Local Tax Revision Act of 2005"; to provide for a short title; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of federal law into Georgia law; to provide for applicability; to provide for the authority to establish fees for offer in compromises; to clarify that electronic funds transfer applies to use tax; to provide for electronic funds transfer requirements for third-party payroll providers; to clarify that no interest shall be paid when a taxpayer fails to claim credits listed in Article 2 of Chapter 7; to provide for selection of members of performance review boards; to provide for powers, duties, and authority of the state revenue commissioner; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and withdrawn:
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 2005"; to provide for a short title; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of federal law into Georgia law; to provide for applicability; to provide for the authority to establish fees for offer in compromises; to clarify that electronic funds transfer applies to use tax; to provide for electronic funds transfer requirements for third-party payroll providers; to clarify that no interest shall be paid when a taxpayer fails to claim credits listed in Article 2 of Chapter 7; to provide for performance review of county boards of tax assessors; to provide for selection of members of performance review boards; to provide for powers, duties, and authority of the state revenue commissioner; to amend the definition of the term "taxable nonresident"; to clarify the requirements with respect to the subtraction from taxable income of interest or dividends on obligations of the United States; to amend the requirements with respect to the sale or exchange of real or tangible personal property when the gain or loss is not recognized due to the purchase of similar property; to clarify

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the requirements with respect to the filing of consolidated returns for Georgia income tax purposes; to provide for the treatment of Georgia net operating losses for corporations; to clarify the treatment of the distributive share received by a nonresident member of a resident limited partnership or other similar nontaxable entity which derives income exclusively from buying, selling, dealing in, and holding securities on its own behalf; to clarify the requirements with respect to the subtraction from taxable income of interest or dividends on obligations of the United States; to amend the requirements with respect to the sale or exchange of real or tangible personal property when the gain or loss is not recognized due to the purchase of similar property; to clarify when the tax imposed by Chapter 7 shall apply to a corporation; to clarify the limitations with respect to base year port traffic increases; to clarify the requirements with respect to the assignment of corporate income tax credits; to clarify the commissioners authority with respect to adjustments which may be made when the taxpayers activities distort true net income or the taxpayer engages in improper activities; to clarify the definition of the term "nonresident" as defined in Article 5 of Chapter 7; to amend the definition of the term "wages"; to clarify the requirements with respect to credit or refund of estimated tax overpayment; to clarify the sales and use tax registration for vendors on certain state contracts and their affiliates; to provide for entitlement of vendors compensation only when a return and payment of sales and use tax is timely; to extend the sunset provision for distribution of unidentifiable sales and use tax proceeds to December 31, 2007; to provide for entitlement of vendors compensation only when a return and payment of motor fuel tax is timely; to amend the provisions regarding estate taxes; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "State and Local Tax Revision Act of 2005."
SECTION 2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking paragraph (14) of Code Section 48-1-2, relating to definitions of terms, and inserting in its place a new paragraph (14) to read as follows:
"(14) 'Internal Revenue Code' or 'Internal Revenue Code of 1986' means for taxable years beginning on or after January 1, 2004 2005, the provisions of the United States Internal Revenue Code of 1986 provided for in federal law enacted on or before January 1, 2004 2005, except Section 168(k), Section 199, and Section 1400L of the Internal Revenue Code of 1986 shall be treated as if they were not in effect and Section 179(b) of the Internal Revenue Code of 1986 shall be treated as it was in effect before the enactment of the Jobs and Growth Tax Relief Reconciliation Act of 2003 (Public Law 108-27). In the event a reference is made in this title to the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on a specific date

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prior to January 1, 2004 2005, the term means the provisions of the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on the prior date. Unless otherwise provided in this title, any term used in this title shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code of 1986. For taxable years beginning on or after January 1, 2004 2005, provisions of the Internal Revenue Code of 1986 which were as of January 1, 2004 2005, enacted into law but not yet effective shall become effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes."
SECTION 3. Said title is further amended by striking Code Section 48-2-18.1, relating to tax settlement and compromise procedures, and inserting in its place a new Code Section 482-18.1 to read as follows:
"48-2-18.1. (a) The commissioner or his or her designee shall be authorized to settle and compromise any proposed tax assessment, any final tax assessment, or any tax fi. fa., where there is doubt as to liability or there is doubt as to collectability, and the settlement or compromise is in the best interests of the state. The commissioner shall develop procedures for the acceptance and rejection of offers in compromise. The commissioner shall keep a record of all settlements and compromises made and the reasons for each settlement and compromise. (b) Each offer in compromise shall be accompanied by a $100.00 nonrefundable application fee. If the offer is accepted by the commissioner, such application fee shall be treated as part of the offer. Such application fee shall not apply if the applicants total monthly income is at or below levels based on the poverty guidelines established by the United States Department of Health and Human Services. If this is the case, the applicant shall certify as such with their offer."
SECTION 4. Said title is further amended by striking subsection (f) of Code Section 48-2-32, relating to forms of payment, and inserting in its place a new subsection (f) to read as follows:
"(f)(1) As used in this subsection, the term 'electronic funds transfer' means a method of making financial payments from one party to another through a series of instructions and messages communicated electronically, via computer, among financial institutions. Such term shall not include the electronic filing of tax returns. (2) The commissioner may require that any person or business owing more than $10,000.00 in connection with any return, report, or other document required to be filed with the department on or after July 1, 1992, shall pay any such sales tax, use tax, withholding tax, motor fuel distributor tax, corporate estimated income tax, or individual estimated income tax liability to the state by electronic funds transfer so that the state receives collectable funds on the date such payment is required to be made. In emergency situations, the commissioner may authorize alternative means of payment in funds immediately available to the state on the date of payment.

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(3) In addition to the requirements contained in paragraph (2) of this subsection, every employer whose tax withheld or required to be withheld under Code Section 48-7-103 exceeds $50,000.00 in the aggregate for the lookback period as defined in paragraph (4) of subsection (b) of Code Section 48-7-103 must pay the taxes by electronic funds transfer as follows:
(A) For paydays occurring on Wednesday, Thursday, or Friday, the taxes must be remitted on or before the following Wednesday or, in the case of a holiday, the next banking day thereafter; (B) For paydays occurring on Saturday, Sunday, Monday, or Tuesday, the taxes must be remitted on or before the following Friday or, in the case of a holiday, the next banking day thereafter; and (C) Notwithstanding any other provision of this paragraph to the contrary, for employers whose tax withheld or required to be withheld exceeds $100,000.00 for the payday, the taxes must be remitted by the next banking day. (4) In addition to the requirements contained in paragraphs (2) and (3) of this subsection, every third-party payroll provider who prepares or remits, or both, Georgia withholding tax for more than 250 employers must pay the taxes by electronic funds transfer. (4)(5) The commissioner is specifically authorized to establish due dates and times for the initiation of electronic payments, establish an implementation schedule, promulgate regulations, and prescribe rules and procedures to implement this subsection. (5)(6) A penalty of 10 percent of the amount due shall be added to any payment which is made in other than immediately available funds which are specified by regulation of the commissioner unless the commissioner has authorized an alternate means of payment in an emergency. (6)(7) In addition to authority granted in Code Section 48-2-41, the commissioner is authorized to waive the collection of interest on electronic funds transfer payments, not to exceed the first two scheduled payments, whenever and to the extent that the commissioner reasonably determines that the default giving rise to the interest charge was due to reasonable cause and not due to gross or willful neglect or disregard of this subsection or regulations or instructions issued pursuant to this subsection. (7)(8) Notwithstanding any provision of law to the contrary, the commissioner is authorized to promulgate rules and regulations setting forth the requirements for electronically transmitting all required returns, reports, or other documents required to be filed with taxes paid by electronic funds transfer. (8)(9) Notwithstanding any provision of law to the contrary, the commissioner is authorized to promulgate rules and regulations setting forth the procedure for satisfying the signature requirement for returns whether by electronic signature, voice signature, or other means, so long as appropriate security measures are implemented which assure security and verification of the signature procedure. (9)(10) Notwithstanding any provision of law to the contrary, the commissioner is authorized to pay all tax refunds by electronic funds transfer when requested by a

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taxpayer who has filed his or her return electronically with the department."
SECTION 5. Said title is further amended by striking Code Section 48-2-35, relating to refunds, and inserting in its place a new Code Section 48-2-35 to read as follows:
"48-2-35. (a) A taxpayer shall be refunded any and all taxes or fees which are determined to have been erroneously or illegally assessed and collected from such taxpayer under the laws of this state, whether paid voluntarily or involuntarily, and shall be refunded interest, except as provided in subsection (b) of this Code section, on the amount of the taxes or fees at the rate of 1 percent per month from the date of payment of the tax or fee to the commissioner. For the purposes of this Code section, any period of less than one month shall be considered to be one month. Refunds shall be drawn from the treasury on warrants of the Governor issued upon itemized requisitions showing in each instance the person to whom the refund is to be made, the amount of the refund, and the reason for the refund. (b) No interest shall be paid if the taxes or fees were erroneously or illegally assessed and collected due to the taxpayer failing to claim any credits listed in Article 2 of Chapter 7 of this title on or before the due date for filing the applicable income tax return, including any extensions which have been granted.
(b)(c)(1)(A) A claim for refund of a tax or fee erroneously or illegally assessed and collected may be made by the taxpayer at any time within three years after:
(i) The date of the payment of the tax or fee to the commissioner; or (ii) In the case of income taxes, the later of the date of the payment of the tax or fee to the commissioner or the due date for filling the applicable income tax return, including any extensions which have been granted. (B) Each claim shall be filed in writing in the form and containing such information as the commissioner may reasonably require and shall include a summary statement of the grounds upon which the taxpayer relies. Should any person be prevented from filing such an application because of service of such person or such persons counsel in the armed forces during such period, the period of limitation shall date from the discharge of such person or such persons counsel from such service. A claim for refund may not be submitted by the taxpayer on behalf of a class consisting of other taxpayers who are alleged to be similarly situated. (2) In the event the taxpayer desires a conference or hearing before the commissioner in connection with any claim for refund, he or she shall specify such desire in writing in the claim and, if the claim conforms with the requirements of this Code section, the commissioner shall grant a conference at a time he or she shall reasonably specify. (3) The commissioner or his or her delegate shall consider information contained in the taxpayers claim for refund, together with such other information as may be available, and shall approve or disapprove the taxpayers claim and notify the taxpayer of his or her action.

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(4) Any taxpayer whose claim for refund is denied by the commissioner or his or her delegate or whose claim is not decided by the commissioner or his or her delegate within one year from the date of filing the claim shall have the right to bring an action for a refund in the superior court of the county of the residence of the taxpayer, except that:
(A) If the taxpayer is a public utility or a nonresident, the taxpayer shall have the right to bring an action for a refund in the superior court of the county in which is located the taxpayers principal place of doing business in this state or in which the taxpayers chief or highest corporate officer or employee resident in this state maintains his or her office; or (B) If the taxpayer is a nonresident individual or foreign corporation having no place of doing business and no officer or employee resident and maintaining his or her office in this state, the taxpayer shall have the right to bring an action for a refund in the Superior Court of Fulton County or in the superior court of the county in which the commissioner in office at the time the action is filed resides. (5) An action for a refund pursuant to paragraph (4) of this subsection may not be brought by the taxpayer on behalf of a class consisting of other taxpayers who are alleged to be similarly situated. (6) No action or proceeding for the recovery of a refund under this Code section shall be commenced before the expiration of one year from the date of filing the claim for refund unless the commissioner or his or her delegate renders a decision on the claim within that time, nor shall any action or proceeding be commenced after the expiration of two years from the date the claim is denied. The two-year period prescribed in this paragraph for filing an action for refund shall be extended for such period as may be agreed upon in writing between the taxpayer and the commissioner during the twoyear period or any extension thereof. (c)(d) In the event any taxpayers claim for refund is approved by the commissioner or his or her delegate and the taxpayer has not paid other state taxes which have become due, the commissioner or department may set off the unpaid taxes against the refund. When the setoff authorized by this subsection is exercised, the refund shall be deemed granted and the amount of the setoff shall be considered for all purposes as a payment toward the particular tax debt which is being set off. Any excess refund remaining after the setoff has been applied shall be refunded to the taxpayer. (d)(e) This Code section shall not apply to taxes paid or stamps purchased for alcoholic beverages pursuant to Title 3."
SECTION 6. Said title is further amended by striking subsection (a) of Code Section 48-5-295.1, relating to the appointment of an independent performance review board, and inserting in its place a new subsection (a) to read as follows:
"(a) The county governing authority may, upon adoption of a resolution, request that a performance review of the county board of tax assessors be conducted. Such resolution shall be transmitted to the commissioner who shall appoint an independent performance

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review board within 30 days after receiving such resolution. The commissioner shall appoint three competent persons to serve as members of the performance review board, one of whom shall be an employee of the department and two of whom shall be assessors or chief appraisers who are not members of the board or a chief appraiser for the county under review."
SECTION 7. Said title is further amended by striking subparagraph (A) of paragraph (11) of Code Section 48-7-1, relating to definitions, and inserting in its place a new subparagraph (A) to read as follows:
"(A) Every individual who is not otherwise a resident of this state for income tax purposes and who regularly and not casually or intermittently engages within this state, by himself or herself or by means of employees, agents, or partners, in employment, trade, business, professional, or other activity for financial gain or profit including, but not limited to, the rental of real or personal property located within this state or for use within this state. 'Taxable nonresident' does not include a legal resident of another state whose only activity for financial gain or profit in this state consists of performing services in this state for an employer as an employee when the remuneration for the services does not exceed the lesser of 5 percent of the income received by the person for performing services in all places during any taxable year or $5,000.00;"
SECTION 8. Said title is further amended by striking subparagraph (b)(1)(B) of Code Section 48-7-21, relating to taxation of corporations, and inserting in its place a new subparagraph (b)(1)(B) to read as follows:
"(B) There shall be subtracted from taxable income interest or dividends on obligations of the United States and its territories and possessions or of any authority, commission, or instrumentality of the United States to the extent such interest or dividends are includable in gross income for federal income tax purposes but exempt from state income taxes under the laws of the United States. There shall also be subtracted from taxable income any income derived from the authorized activities of a domestic international banking facility operating pursuant to the provisions of Article 5A of Chapter 1 of Title 7, the 'Domestic International Banking Facility Act,' and any income arising from the conduct of a banking business with persons or entities located outside the United States, its territories, or possessions. Any amount subtracted pursuant to this subparagraph shall be reduced by any expenses directly or indirectly attributable to the production of the interest or dividend income. The direct and indirect interest expense shall be determined by multiplying the total interest expense by a fraction, the numerator of which is the taxpayers average adjusted bases of such United States obligations, and the denominator of which is the average adjusted bases for all assets of the taxpayer. The indirect noninterest expenses shall be assumed to be 5 percent of the amount of

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gross income excluded pursuant to this subparagraph unless the taxpayer shows to the commissioners satisfaction that the amount is otherwise."
SECTION 9. Said title is further amended by striking paragraph (5) of subsection (b) of Code Section 48-7-21, relating to taxation of corporations, and inserting in its place a new paragraph (5) to read as follows:
"(5) When on the sale or exchange of real or tangible personal property located in this state gain or loss is not recognized because the taxpayer receives or purchases similar property, the nonrecognition shall be allowed only when the property is replaced with property located in this state. Reserved."
SECTION 10. Said title is further amended by striking division (b)(7)(A)(i) of Code Section 48-7-21, relating to taxation of corporations, and inserting in its place a new division (b)(7)(A)(i) to read as follows:
"(A)(i) If two or more corporations file federal income tax returns on a consolidated basis and all of the corporations derive all of their income from sources within this state, the corporations must file consolidated returns for Georgia income tax purposes. Affiliated corporations which file a consolidated federal income tax return but which derive income from sources outside this state must file separate income tax returns with this state unless they have prior approval or have been requested to file a consolidated return by the department. The commissioner shall by regulation provide the time period within which the permission must be requested. A request for permission beyond such time period will not be considered and will result in the filing of separate income tax returns for the applicable year."
SECTION 11. Said title is further amended by striking the "Reserved" designation of paragraph (10) of subsection (b) of Code Section 48-7-21, relating to taxation of corporations, and inserting in its place a new paragraph (10) to read as follows:
"(10) Net operating losses for corporations shall be treated as follows: (A) For any taxable year in which the taxpayer takes a federal net operating loss deduction on its federal income tax return, the amount of such deduction shall be added back to federal taxable income, and Georgia taxable net income for such taxable year shall be computed from the taxpayers federal taxable income as so adjusted. There shall be allowed as a separate deduction from Georgia taxable net income so computed an amount equal to the aggregate of the Georgia net operating loss carryovers to such year, plus the Georgia net operating loss carrybacks to such year; (B) The Georgia net operating loss for such taxable year shall be computed by making the adjustments to federal taxable income required by this article and in the

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case of corporations doing business both within and outside Georgia, by apportioning and allocating to Georgia, as provided in Code Section 48-7-31, only the amount of the loss attributable to operations within Georgia. The term 'Georgia net operating loss' shall mean the loss computed as provided in this paragraph. In the event the net Georgia adjustments completely offset a federal net operating loss, there shall be no Georgia net operating loss for the taxable year, and any excess of net Georgia adjustments over the federal net operating loss shall constitute Georgia taxable net income after any such excess has been allocated and apportioned to Georgia as provided in Code Section 48-7-31. The procedural sequence of taxable years to which a Georgia net operating loss may be carried back or carried over, and the number of years for which a net operating loss may be carried back or carried over, shall be the same as provided in the Internal Revenue Code. The terms 'Georgia net operating loss carryback' and 'Georgia net operating loss carryover" shall mean the Georgia net operating loss for the applicable year carried back or carried over in the manner and for the number of years as provided in this paragraph; (C) In the event the taxpayer elects to forgo the carryback period for the federal net operating loss as allowed under the Internal Revenue Code, the taxpayer shall also forgo the carryback period for Georgia purposes. If the taxpayer does not elect to forgo the carryback period for the federal net operating loss, the election to forgo the net operating loss period shall not be allowed for Georgia purposes. If the taxpayer does not have a federal net operating loss, the taxpayer may make an irrevocable election to forgo the carryback period for the Georgia net operating loss, provided that an affirmative statement is attached to the Georgia return for the year of the loss. Such election must be made on or before the due date for filing the income tax return for the taxable year wherein the loss was incurred, including any extensions which have been granted; (D) The provisions of Sections 108, 381, 382, and 384 of the Internal Revenue Code of 1986, as amended, as they relate to net operating losses also apply for Georgia purposes. The commissioner shall by regulation provide the method of determining how such sections apply; (E) In the event a taxpayer is entitled to a refund of income taxes by reason of a net operating loss carryback, a claim for such refund must be filed within three years after the due date for filing the income tax return for the taxable year wherein the loss was incurred, including any extensions which have been granted. Such tax refund shall be deemed to have been erroneously assessed and collected, and shall be paid under the provisions of Code Section 48-2-35; provided, however, that no interest shall accrue or be paid for any period prior to the close of the taxable year in which such net operating loss arises and no interest shall be paid if the claim for refund is processed within 90 days from the last day of the month in which the claim for such refund is filed; and (F) The commissioner shall have the authority to promulgate regulations regarding net operating losses with respect to this paragraph and with respect to consolidated

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return net operating losses."
SECTION 12. Said title is further amended by striking subsection (c) of Code Section 48-7-24, relating to nonresident members of resident partnerships and resident members of nonresident partnerships, and inserting in its place a new subsection (c) to read as follows:
"(c) Notwithstanding any other provision of this chapter to the contrary, the distributive share of a nonresident member of a resident limited partnership or other similar nontaxable entity which derives income exclusively from buying, selling, dealing in, and holding securities on its own behalf and not as a broker shall not constitute taxable income under this chapter. For purposes of this subsection, a resident limited partnership or similar nontaxable entity shall not include a family limited partnership or similar nontaxable entity the majority interest of which is owned by one or more natural or naturalized citizens related to each other within the fourth degree of reckoning according to the laws of descent and distribution. This subsection shall not apply to a person that participates in the management of the resident limited partnership or other similar nontaxable entity or that is engaged in a unitary business with another person that participates in the management of the resident limited partnership or other similar nontaxable entity."
SECTION 13. Said title is further amended by striking paragraph (2) of subsection (b) of Code Section 48-7-27, relating to computation of taxable net income, and inserting in its place a new paragraph (2) to read as follows:
"(2) There shall be subtracted from taxable income interest or dividends on obligations of the United States and its territories and possessions or of any authority, commission, or instrumentality of the United States to the extent includable in gross income for federal income tax purposes but exempt from state income taxes under the laws of the United States. Any amount subtracted under this paragraph shall be reduced by any expenses directly or indirectly attributable to the production of the interest or dividend income. For all taxpayers except individuals, the direct and indirect interest expense shall be determined by multiplying the total interest expense by a fraction, the numerator of which is the taxpayers average adjusted bases of such United States obligations, and the denominator of which is the average adjusted bases for all assets of the taxpayer. For all taxpayers except individuals, the indirect noninterest expenses shall be assumed to be 5 percent of the amount of gross income excluded pursuant to this paragraph unless the taxpayer shows to the commissioners satisfaction that the amount is otherwise."
SECTION 14. Said title is further amended by striking paragraph (6) of subsection (b) of Code Section 48-7-27, relating to computation of taxable net income, and inserting in its place a new paragraph (6) to read as follows:

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"(6) When, on the sale or exchange of real or tangible personal property located in this state, gain or loss is not recognized because the taxpayer receives or purchases similar property, the nonrecognition shall be allowed only when the property is replaced with property located in this state except for the sale or exchange of a personal residence in which case the nonrecognition shall apply if the taxpayer purchases another personal residence anywhere in the United States within the time allowed under the applicable provisions of the Internal Revenue Code of 1986. Reserved."
SECTION 15. Said title is further amended by striking subsection (a) of Code Section 48-7-31, relating to taxation of corporations, the allocation and apportionment formula, and the formula for apportionment, and inserting in its place a new subsection (a) to read as follows:
"(a) The tax imposed by this chapter shall apply to the entire net income, as defined in this article, received by every foreign or domestic corporation owning property or within this state, doing business within this state, or deriving income from sources within this state to the extent permitted by the United States Constitution. A corporation shall be deemed to be doing business within this state if it engages within this state in any activities or transactions for the purpose of financial profit or gain whether or not:
(1) The corporation qualifies to do business in this state; (2) The corporation maintains an office or place of doing business within this state; or (3) Any such activity or transaction is connected with interstate or foreign commerce."
SECTION 16. Said title is further amended by striking paragraph (3) of subsection (e) of Code Section 48-7-40.15, relating to alternative tax credits for base year port traffic increases, and inserting in its place a new paragraph (3) to read as follows:
"(3)(A) Any tax credit claimed under subsection (c) of this Code section in lieu of Code Section 48-7-40.7, 48-7-40.8, or 48-7-40.9 shall be allowed for the ensuing ten taxable years following the taxable year the qualified investment property was first placed in service, provided that the increase in port traffic remains above the minimum level established in this Code section and the qualified investment property remains in service. (B) The tax credit established by this Code section in lieu of Code Section 48-7-40, 48-7-40.2, 48-7-40.3, or 48-7-40.4 and taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayers state income tax liability which is attributable to income derived from operations in this state for that taxable year. (C) The tax credit established by this Code section in addition to that pursuant to Code Section 48-7-40 and taken in any one taxable year shall be limited to an

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amount not greater than 50 percent of the taxpayers state income tax liability which is attributable to income derived from operations in this state for that taxable year. (C)(D) The sale, merger, acquisition, or bankruptcy of any taxpayer shall not create new eligibility for any succeeding taxpayer, but any unused credit may be transferred and continued by any transferee of the taxpayer."
SECTION 17. Said title is further amended by striking subsection (b) of Code Section 48-7-42, relating to affiliated entities and assignment of corporate income tax credits, and inserting in its place a new subsection (b) to read as follows:
"(b) In lieu of claiming any Georgia income tax credit for which a taxpayer otherwise is eligible for the taxable year (such eligibility being determined for this purpose without regard to any limitation imposed by reason of the taxpayers precredit income tax liability), the taxpayer may elect to assign such credit in whole or in part to one or more affiliated entities for such taxable year by attaching a statement to the taxpayers return for the taxable year; provided, however, that no carryover attributable to the unused portion of any previously claimed or assigned credit may be assigned or reassigned, except as provided in subsection (d) of this Code section. Such election must be made on or before the due date for filing the applicable income tax return, including any extensions which have been granted. In the case of any credit that must be claimed in installments in more than one taxable year, the election under this subsection may be made on an annual basis with respect to each such installment, provided that the taxpayer shall notify the commissioner with respect to the assignment of each such installment by filing a separate copy of the election statement for such installment no later than the time of filing of the taxpayers state income tax return for such taxable year due date for filing the applicable income tax return, including any extensions which have been granted. Once made, an election under this subsection shall be irrevocable."
SECTION 18. Said title is further amended by striking Code Section 48-7-58, relating to taxpayer activities distorting true net income, and inserting in its place a new Code Section 48-758 to read as follows:
"48-7-58. (a) When the commissioner has reason to believe that any taxpayer conducts his or her trade or business so as to evade taxes, distort directly or indirectly his or her true net income, or distort directly or indirectly the net income properly attributable to this state, whether by the arbitrary shifting of income, through price fixing, charges for service, or otherwise, as a result of which the net income is arbitrarily assigned to one or another unit in a group of taxpayers conducting business under a substantially common control, a person related to the taxpayer, the commissioner may require the facts as he or she deems necessary for the proper computation of the entire net income and the net income properly attributable to this state. In determining the computation, the commissioner

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shall consider the fair profit which would normally arise from the conduct of the trade or business. The commissioner shall by regulation provide when to apply this subsection.
(b)(1) The Additionally, the commissioner may determine the amount of taxable income of any one or more corporations for a calendar or fiscal year when a corporation:
(A) Subject to taxation under this chapter conducts its business in such manner as to benefit either directly or indirectly the members or stockholders of the corporation or any person interested in the business of the corporation by selling its products or the goods or commodities in which it deals at less than the fair price which might be obtained for the goods or commodities; (B) A substantial portion of whose capital stock is directly or indirectly owned by another corporation acquires and disposes of the products of the corporation so owning a substantial portion of its stock in such a manner as to create a loss or improper net income for either of the corporations; or (C) Directly or indirectly owning a substantial portion of the stock of another corporation acquires and disposes of the products of the corporation of which it so owns a substantial portion of the stock in such a manner as to create a loss or improper net income for either of the corporations. (2) In his or her determination, the commissioner shall consider the reasonable profits which, but for the arrangement or understanding, might or could have been obtained by the corporation or corporations subject to taxation under this chapter from dealing in such products, goods, or commodities."
SECTION 19. Said title is further amended by striking paragraph (6.2) of Code Section 48-7-100, relating to definitions, and inserting in its place a new paragraph (6.2) to read as follows:
"(6.2) 'Nonresident' shall mean an individual or fiduciary member who resides outside this state and a foreign or domestic corporate member all other members whose headquarters or principal place of business is located outside this state."
SECTION 20. Said title is further amended by striking subparagraph (K) of paragraph (10) of Code Section 48-7-100, relating to definitions, and inserting in its place a new subparagraph (K) to read as follows:
"(K) For services performed by a nonresident if the nonresident has been employed within this state for no more than 23 calendar days during the calendar quarter and the nonresident is not a taxable nonresident as defined in Code Section 48-7-1; or"
SECTION 21. Said title is further amended by striking Code Section 48-7-121, relating to credit of estimated tax payment, and inserting in its place a new Code Section 48-7-121 to read as follows:

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"48-7-121. (a) As used in this Code section, the term:
(1) 'Final return' means the original income tax return filed by the taxpayer for the tax year or an amended return filed on or before the due date of the return without extensions. Such term does not include any other amended income tax return for the period or an estimated tax return. (2) 'Income tax liability for a taxable year' means the taxpayers income tax liability as calculated under Code Section 48-7-20 or 48-7-21 for the taxable year reduced (but not below zero) by all nonrefundable credits to which the taxpayer is entitled. Nonrefundable credits include any credit that is limited by the taxpayers income tax liability or some percentage thereof. (3) 'Other credits allowed by law' means only those income tax credits that are refundable, such as the credit for income tax withholding and the credit allowed by Code Section 48-7-28.1. Refundable credits do not include any credit that is limited by the taxpayers income tax liability or some percentage thereof. (a)(b) The amount of estimated tax paid under this article for any taxable year shall be allowed as a credit to the taxpayer against the taxpayers income tax liability under Code Section 48-7-20 or 48-7-21 for the taxable year. (b)(c) To the extent that the estimated tax credit, together with other credits allowed by law, is in excess of the taxpayers income tax liability for a taxable year as shown on an income tax a final return filed by the taxpayer for that year, the overpayment shall be considered as taxes erroneously paid and shall be credited or refunded as provided in this subsection. The overpayment shall be credited to the taxpayers estimated income tax liability for the succeeding taxable year unless the taxpayer claims a refund for the overpayment. The commissioner may consider any final return showing an overpayment as a claim for refund per se. An overpayment shall bear no interest if credit is given for the overpayment. Amounts refunded as overpayments shall bear interest at the rate provided in Code Section 48-2-35 but only after 90 days from the filing date of the final return showing the overpayment or 90 days from the due date of the final return, whichever is later."
SECTION 22. Said title is further amended by adding a new Code section immediately following Code Section 48-8-13 to be designated Code Section 48-8-14, to read as follows:
"48-8-14. (a) As used in this Code section, the term 'state agency' means any authority, board, department, instrumentality, institution, agency, or other unit of state government. The term 'state agency' shall not include any county, municipality, or local or regional governmental authority. (b) On or after the effective date of this Code section, the Department of Administrative Services and any other state agency shall not enter into a state-wide contract or agency contract for goods or services, or both, in an amount exceeding $100,000.00 with a nongovernmental vendor if the vendor or an affiliate of the vendor

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is a dealer as defined in paragraph (3) of Code Section 48-8-2, or meets one or more of the conditions thereunder, but fails or refuses to collect sales or use taxes levied under this chapter on its sales delivered to Georgia. (c) The Department of Administrative Services and any other state agency may contract for goods or services, or both, with a source prohibited under subsection (b) of this Code section in the event of an emergency or where the nongovernmental vendor is the sole source of such goods or services or both. (d) The determination of whether a vendor is a prohibited source shall be made by the Department of Revenue, which shall notify the Department of Administrative Services and any other state agency of its determination within three business days of a request for such determination. (e) Prior to awarding a contract, the Department of Administrative Services and any other state agency to which this article applies shall provide the Department of Revenue the name of the nongovernmental vendor awarded the contract, the name of the vendors affiliate, and the certificate of registration number as provided for under Code Section 48-8-59 for the vendor and affiliate of the vendor. (f) The commissioner is specifically authorized to promulgate regulations to implement this Code section."
SECTION 23. Said title is further amended by striking subsection (b) of Code Section 48-8-50, relating to vendors compensation, and inserting in its place a new subsection (b) to read as follows:
"(b) Each dealer required to file a return under this article shall include such dealers certificate of registration number or numbers for each sales location or affiliated entity of such dealer on such return. In reporting and paying the amount of tax due under this article, each dealer shall be allowed the following deduction, but only if the return was timely filed and the amount due was not delinquent at the time of payment; and that deduction shall be subject to the provisions of subsection (f) of this Code section pertaining to calculation of the deduction when more than one tax is reported on the same return:
(1) With respect to each certificate of registration number on such return, a deduction of 3 percent of the first $3,000.00 of the combined total amount of all sales and use taxes reported due on such return for each location other than the taxes specified in paragraph (3) of this subsection; (2) With respect to each certificate of registration number on such return, a deduction of one-half of 1 percent of that portion exceeding $3,000.00 of the combined total amount of all sales and use taxes reported due on such return for each location other than the taxes specified in paragraph (3) of this subsection; (3) With respect to each certificate of registration number on such return, a deduction of 3 percent of the combined total amount due of all sales and use taxes on motor fuel as defined under paragraph (9) of Code Section 48-9-2, which are imposed under any provision of this title, including, but not limited to, sales and use taxes on motor fuel

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imposed under any of the provisions described in subsection (f) of this Code section but not including Code Section 48-9-14; and (4) A deduction with respect to Code Section 48-9-14, as defined in paragraph (5.1) of Code Section 48-8-2, shall be at the rate of one-half of 1 percent of the total amount due of the prepaid state tax reported due on such return, so long as the return and payment is are timely, regardless of the classification of tax return upon which the remittance is made."
SECTION 24. Said title is further amended by striking subsection (h) of Code Section 48-8-67, relating to distribution of unidentifiable proceeds, and inserting in its place a new subsection (h) to read as follows:
"(h) The authority of the commissioner to make distributions pursuant to this Code section shall cease on December 31, 2005 2007, unless such authority is extended by a subsequent general Act of the General Assembly."
SECTION 25. Said title is further amended by striking subsection (b) of Code Section 48-9-8, relating to tax reports of motor fuel distributors, and inserting in its place a new subsection (b) to read as follows:
"(b) At the time of submitting the report required by subsection (a) of this Code section, the distributor shall pay to the commissioner the tax imposed by paragraph (1) of subsection (a) of Code Section 48-9-3 on all gasoline, fuel oils, compressed petroleum gas, special fuel, and aviation gasoline sold or used in this state during the preceding calendar month, less an allowance of 1 percent of the tax as compensation to cover losses and expenses incurred in reporting the tax to the state. The allowance shall not be deductible unless the report and payment of tax is are made on or before the twentieth day of the month as required by this article."
SECTION 26. Said title is further amended by adding a new Code section immediately following Code Section 48-12-1, to be designated Code Section 48-12-1.1, to read as follows:
"48-12-1.1. This chapter shall not apply to any estate with a date of death which occurred in a year for which the Internal Revenue Code does not allow a credit for state death taxes."
SECTION 27. (a) Section 2 of this Act shall become effective on its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2005. Provisions of the Internal Revenue Code of 1986 which were as of January 1, 2005, enacted into law but not yet effective shall become effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes.

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(b) Section 4 of this Act shall become effective on its approval by the Governor or upon its becoming law without such approval and shall be applicable to all payments made on or after July 1, 2005. (c) Sections 7, 8, 11, and 13 of this Act shall become effective on their approval by the Governor or upon their becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2005. (d) Section 20 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all calendar quarters beginning on or after July 1, 2005. (e) Sections 3, 6, 23, and 25 of this Act shall become effective on July 1, 2005. (f) This section and Sections 1, 5, 9, 10, 12, 14, 15, 16, 17, 18, 19, 21, 22, 24, and 28 of this Act shall become effective on their approval by the Governor or upon their becoming law without such approval. (g) Section 26 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to estates of decedents with a date of death after December 31, 2004.
SECTION 28. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by the Committee on Rules, was read and adopted:
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 2005"; to provide for a short title; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of federal law into Georgia law; to provide for applicability; to provide for the authority to establish fees for offer in compromises; to clarify that electronic funds transfer applies to use tax; to provide for electronic funds transfer requirements for third-party payroll providers; to clarify that no interest shall be paid when a taxpayer fails to claim credits listed in Article 2 of Chapter 7; to provide for performance review of county boards of tax assessors; to provide for selection of members of performance review boards; to provide for powers, duties, and authority of the state revenue commissioner; to amend the definition of the term "taxable nonresident"; to clarify the requirements with respect to the subtraction from taxable income of interest or dividends on obligations of the United States; to amend the requirements with respect to the sale or exchange of real or tangible personal property when the gain or loss is not recognized due to the purchase of similar property; to clarify the requirements with respect to the filing of consolidated returns for Georgia income tax purposes; to provide for the treatment of Georgia net operating losses for corporations; to clarify the treatment of the distributive share received by a nonresident member of a resident limited partnership or other similar nontaxable entity which derives income

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exclusively from buying, selling, dealing in, and holding securities on its own behalf; to clarify the requirements with respect to the subtraction from taxable income of interest or dividends on obligations of the United States; to amend the requirements with respect to the sale or exchange of real or tangible personal property when the gain or loss is not recognized due to the purchase of similar property; to clarify when the tax imposed by Chapter 7 shall apply to a corporation; to clarify the limitations with respect to base year port traffic increases; to clarify the requirements with respect to the assignment of corporate income tax credits; to clarify the commissioners authority with respect to adjustments which may be made when the taxpayers activities distort true net income or the taxpayer engages in improper activities; to clarify the definition of the term "nonresident" as defined in Article 5 of Chapter 7; to amend the definition of the term "wages"; to clarify the requirements with respect to credit or refund of estimated tax overpayment; to clarify the sales and use tax registration for vendors on certain state contracts and their affiliates; to provide for entitlement of vendors compensation only when a return and payment of sales and use tax is timely; to extend the sunset provision for distribution of unidentifiable sales and use tax proceeds to December 31, 2007; to provide for entitlement of vendors compensation only when a return and payment of motor fuel tax is timely; to amend the provisions regarding estate taxes; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "State and Local Tax Revision Act of 2005."
SECTION 2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking paragraph (14) of Code Section 48-1-2, relating to definitions of terms, and inserting in its place a new paragraph (14) to read as follows:
"(14) 'Internal Revenue Code' or 'Internal Revenue Code of 1986' means for taxable years beginning on or after January 1, 2004 2005, the provisions of the United States Internal Revenue Code of 1986 provided for in federal law enacted on or before January 1, 2004 2005, except Section 168(k), Section 199, and Section 1400L of the Internal Revenue Code of 1986 shall be treated as if they were not in effect and Section 179(b) of the Internal Revenue Code of 1986 shall be treated as it was in effect before the enactment of the Jobs and Growth Tax Relief Reconciliation Act of 2003 (Public Law 108-27). In the event a reference is made in this title to the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on a specific date prior to January 1, 2004 2005, the term means the provisions of the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on the prior date. Unless otherwise provided in this title, any term used in this title shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code of

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1986. For taxable years beginning on or after January 1, 2004 2005, provisions of the Internal Revenue Code of 1986 which were as of January 1, 2004 2005, enacted into law but not yet effective shall become effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes."
SECTION 3. Said title is further amended by striking Code Section 48-2-18.1, relating to tax settlement and compromise procedures, and inserting in its place a new Code Section 482-18.1 to read as follows:
"48-2-18.1. (a) The commissioner or his or her designee shall be authorized to settle and compromise any proposed tax assessment, any final tax assessment, or any tax fi. fa., where there is doubt as to liability or there is doubt as to collectability, and the settlement or compromise is in the best interests of the state. The commissioner shall develop procedures for the acceptance and rejection of offers in compromise. The commissioner shall keep a record of all settlements and compromises made and the reasons for each settlement and compromise. (b) Each offer in compromise shall be accompanied by a $100.00 nonrefundable application fee. If the offer is accepted by the commissioner, such application fee shall be treated as part of the offer. Such application fee shall not apply if the applicants total monthly income is at or below levels based on the poverty guidelines established by the United States Department of Health and Human Services. If this is the case, the applicant shall certify as such with their offer."
SECTION 4. Said title is further amended by striking subsection (f) of Code Section 48-2-32, relating to forms of payment, and inserting in its place a new subsection (f) to read as follows:
"(f)(1) As used in this subsection, the term 'electronic funds transfer' means a method of making financial payments from one party to another through a series of instructions and messages communicated electronically, via computer, among financial institutions. Such term shall not include the electronic filing of tax returns. (2) The commissioner may require that any person or business owing more than $10,000.00 in connection with any return, report, or other document required to be filed with the department on or after July 1, 1992, shall pay any such sales tax, use tax, withholding tax, motor fuel distributor tax, corporate estimated income tax, or individual estimated income tax liability to the state by electronic funds transfer so that the state receives collectable funds on the date such payment is required to be made. In emergency situations, the commissioner may authorize alternative means of payment in funds immediately available to the state on the date of payment. (3) In addition to the requirements contained in paragraph (2) of this subsection, every employer whose tax withheld or required to be withheld under Code Section 48-7-103 exceeds $50,000.00 in the aggregate for the lookback period as defined in

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paragraph (4) of subsection (b) of Code Section 48-7-103 must pay the taxes by electronic funds transfer as follows:
(A) For paydays occurring on Wednesday, Thursday, or Friday, the taxes must be remitted on or before the following Wednesday or, in the case of a holiday, the next banking day thereafter; (B) For paydays occurring on Saturday, Sunday, Monday, or Tuesday, the taxes must be remitted on or before the following Friday or, in the case of a holiday, the next banking day thereafter; and (C) Notwithstanding any other provision of this paragraph to the contrary, for employers whose tax withheld or required to be withheld exceeds $100,000.00 for the payday, the taxes must be remitted by the next banking day. (4) In addition to the requirements contained in paragraphs (2) and (3) of this subsection, every third-party payroll provider who prepares or remits, or both, Georgia withholding tax for more than 250 employers must pay the taxes by electronic funds transfer. (4)(5) The commissioner is specifically authorized to establish due dates and times for the initiation of electronic payments, establish an implementation schedule, promulgate regulations, and prescribe rules and procedures to implement this subsection. (5)(6) A penalty of 10 percent of the amount due shall be added to any payment which is made in other than immediately available funds which are specified by regulation of the commissioner unless the commissioner has authorized an alternate means of payment in an emergency. (6)(7) In addition to authority granted in Code Section 48-2-41, the commissioner is authorized to waive the collection of interest on electronic funds transfer payments, not to exceed the first two scheduled payments, whenever and to the extent that the commissioner reasonably determines that the default giving rise to the interest charge was due to reasonable cause and not due to gross or willful neglect or disregard of this subsection or regulations or instructions issued pursuant to this subsection. (7)(8) Notwithstanding any provision of law to the contrary, the commissioner is authorized to promulgate rules and regulations setting forth the requirements for electronically transmitting all required returns, reports, or other documents required to be filed with taxes paid by electronic funds transfer. (8)(9) Notwithstanding any provision of law to the contrary, the commissioner is authorized to promulgate rules and regulations setting forth the procedure for satisfying the signature requirement for returns whether by electronic signature, voice signature, or other means, so long as appropriate security measures are implemented which assure security and verification of the signature procedure. (9)(10) Notwithstanding any provision of law to the contrary, the commissioner is authorized to pay all tax refunds by electronic funds transfer when requested by a taxpayer who has filed his or her return electronically with the department."
SECTION 5.

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Said title is further amended by striking Code Section 48-2-35, relating to refunds, and inserting in its place a new Code Section 48-2-35 to read as follows:
"48-2-35. (a) A taxpayer shall be refunded any and all taxes or fees which are determined to have been erroneously or illegally assessed and collected from such taxpayer under the laws of this state, whether paid voluntarily or involuntarily, and shall be refunded interest, except as provided in subsection (b) of this Code section, on the amount of the taxes or fees at the rate of 1 percent per month from the date of payment of the tax or fee to the commissioner. For the purposes of this Code section, any period of less than one month shall be considered to be one month. Refunds shall be drawn from the treasury on warrants of the Governor issued upon itemized requisitions showing in each instance the person to whom the refund is to be made, the amount of the refund, and the reason for the refund. (b) No interest shall be paid if the taxes or fees were erroneously or illegally assessed and collected due to the taxpayer failing to claim any credits listed in Article 2 of Chapter 7 of this title on or before the due date for filing the applicable income tax return, including any extensions which have been granted.
(b)(c)(1)(A) A claim for refund of a tax or fee erroneously or illegally assessed and collected may be made by the taxpayer at any time within three years after:
(i) The date of the payment of the tax or fee to the commissioner; or (ii) In the case of income taxes, the later of the date of the payment of the tax or fee to the commissioner or the due date for filling the applicable income tax return, including any extensions which have been granted. (B) Each claim shall be filed in writing in the form and containing such information as the commissioner may reasonably require and shall include a summary statement of the grounds upon which the taxpayer relies. Should any person be prevented from filing such an application because of service of such person or such persons counsel in the armed forces during such period, the period of limitation shall date from the discharge of such person or such persons counsel from such service. A claim for refund may not be submitted by the taxpayer on behalf of a class consisting of other taxpayers who are alleged to be similarly situated. (2) In the event the taxpayer desires a conference or hearing before the commissioner in connection with any claim for refund, he or she shall specify such desire in writing in the claim and, if the claim conforms with the requirements of this Code section, the commissioner shall grant a conference at a time he or she shall reasonably specify. (3) The commissioner or his or her delegate shall consider information contained in the taxpayers claim for refund, together with such other information as may be available, and shall approve or disapprove the taxpayers claim and notify the taxpayer of his or her action. (4) Any taxpayer whose claim for refund is denied by the commissioner or his or her delegate or whose claim is not decided by the commissioner or his or her delegate within one year from the date of filing the claim shall have the right to bring an action

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for a refund in the superior court of the county of the residence of the taxpayer, except that:
(A) If the taxpayer is a public utility or a nonresident, the taxpayer shall have the right to bring an action for a refund in the superior court of the county in which is located the taxpayers principal place of doing business in this state or in which the taxpayers chief or highest corporate officer or employee resident in this state maintains his or her office; or (B) If the taxpayer is a nonresident individual or foreign corporation having no place of doing business and no officer or employee resident and maintaining his or her office in this state, the taxpayer shall have the right to bring an action for a refund in the Superior Court of Fulton County or in the superior court of the county in which the commissioner in office at the time the action is filed resides. (5) An action for a refund pursuant to paragraph (4) of this subsection may not be brought by the taxpayer on behalf of a class consisting of other taxpayers who are alleged to be similarly situated. (6) No action or proceeding for the recovery of a refund under this Code section shall be commenced before the expiration of one year from the date of filing the claim for refund unless the commissioner or his or her delegate renders a decision on the claim within that time, nor shall any action or proceeding be commenced after the expiration of two years from the date the claim is denied. The two-year period prescribed in this paragraph for filing an action for refund shall be extended for such period as may be agreed upon in writing between the taxpayer and the commissioner during the twoyear period or any extension thereof. (c)(d) In the event any taxpayers claim for refund is approved by the commissioner or his or her delegate and the taxpayer has not paid other state taxes which have become due, the commissioner or department may set off the unpaid taxes against the refund. When the setoff authorized by this subsection is exercised, the refund shall be deemed granted and the amount of the setoff shall be considered for all purposes as a payment toward the particular tax debt which is being set off. Any excess refund remaining after the setoff has been applied shall be refunded to the taxpayer. (d)(e) This Code section shall not apply to taxes paid or stamps purchased for alcoholic beverages pursuant to Title 3."
SECTION 6. Said title is further amended by striking subsection (a) of Code Section 48-5-295.1, relating to the appointment of an independent performance review board, and inserting in its place a new subsection (a) to read as follows:
"(a) The county governing authority may, upon adoption of a resolution, request that a performance review of the county board of tax assessors be conducted. Such resolution shall be transmitted to the commissioner who shall appoint an independent performance review board within 30 days after receiving such resolution. The commissioner shall appoint three competent persons to serve as members of the performance review board, one of whom shall be an employee of the department and two of whom shall be

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assessors or chief appraisers who are not members of the board or a chief appraiser for the county under review."
SECTION 7. Said title is further amended by striking subparagraph (A) of paragraph (11) of Code Section 48-7-1, relating to definitions, and inserting in its place a new subparagraph (A) to read as follows:
"(A) Every individual who is not otherwise a resident of this state for income tax purposes and who regularly and not casually or intermittently engages within this state, by himself or herself or by means of employees, agents, or partners, in employment, trade, business, professional, or other activity for financial gain or profit including, but not limited to, the rental of real or personal property located within this state or for use within this state. 'Taxable nonresident' does not include a legal resident of another state whose only activity for financial gain or profit in this state consists of performing services in this state for an employer as an employee when the remuneration for the services does not exceed the lesser of 5 percent of the income received by the person for performing services in all places during any taxable year or $5,000.00;"
SECTION 8. Said title is further amended by striking subparagraph (b)(1)(B) of Code Section 48-7-21, relating to taxation of corporations, and inserting in its place a new subparagraph (b)(1)(B) to read as follows:
"(B) There shall be subtracted from taxable income interest or dividends on obligations of the United States and its territories and possessions or of any authority, commission, or instrumentality of the United States to the extent such interest or dividends are includable in gross income for federal income tax purposes but exempt from state income taxes under the laws of the United States. There shall also be subtracted from taxable income any income derived from the authorized activities of a domestic international banking facility operating pursuant to the provisions of Article 5A of Chapter 1 of Title 7, the 'Domestic International Banking Facility Act,' and any income arising from the conduct of a banking business with persons or entities located outside the United States, its territories, or possessions. Any amount subtracted pursuant to this subparagraph shall be reduced by any interest expenses directly or indirectly attributable to the production of the interest or dividend income. The direct and indirect interest expense shall be determined by multiplying the total interest expense by a fraction, the numerator of which is the taxpayers average adjusted bases of such United States obligations, and the denominator of which is the average adjusted bases for all assets of the taxpayer."
SECTION 9.

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Said title is further amended by striking paragraph (5) of subsection (b) of Code Section 48-7-21, relating to taxation of corporations, and inserting in its place a new paragraph (5) to read as follows:
"(5) When on the sale or exchange of real or tangible personal property located in this state gain or loss is not recognized because the taxpayer receives or purchases similar property, the nonrecognition shall be allowed only when the property is replaced with property located in this state. Reserved."
SECTION 10. Said title is further amended by striking division (b)(7)(A)(i) of Code Section 48-7-21, relating to taxation of corporations, and inserting in its place a new division (b)(7)(A)(i) to read as follows:
"(A)(i) If two or more corporations file federal income tax returns on a consolidated basis and all of the corporations derive all of their income from sources within this state, the corporations must file consolidated returns for Georgia income tax purposes. Affiliated corporations which file a consolidated federal income tax return but which derive income from sources outside this state must file separate income tax returns with this state unless they have prior approval or have been requested to file a consolidated return by the department. The commissioner shall by regulation provide the time period within which the permission must be requested. A request for permission beyond such time period will not be considered and will result in the filing of separate income tax returns for the applicable year."
SECTION 11. Said title is further amended by striking the "Reserved" designation of paragraph (10) of subsection (b) of Code Section 48-7-21, relating to taxation of corporations, and inserting in its place a new paragraph (10) to read as follows:
"(10) Net operating losses for corporations shall be treated as follows: (A) For any taxable year in which the taxpayer takes a federal net operating loss deduction on its federal income tax return, the amount of such deduction shall be added back to federal taxable income, and Georgia taxable net income for such taxable year shall be computed from the taxpayers federal taxable income as so adjusted. There shall be allowed as a separate deduction from Georgia taxable net income so computed an amount equal to the aggregate of the Georgia net operating loss carryovers to such year, plus the Georgia net operating loss carrybacks to such year; (B) The Georgia net operating loss for such taxable year shall be computed by making the adjustments to federal taxable income required by this article and in the case of corporations doing business both within and outside Georgia, by apportioning and allocating to Georgia, as provided in Code Section 48-7-31, only the amount of the loss attributable to operations within Georgia. The term 'Georgia net operating loss' shall mean the loss computed as provided in this paragraph. In

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the event the net Georgia adjustments completely offset a federal net operating loss, there shall be no Georgia net operating loss for the taxable year, and any excess of net Georgia adjustments over the federal net operating loss shall constitute Georgia taxable net income after any such excess has been allocated and apportioned to Georgia as provided in Code Section 48-7-31. The procedural sequence of taxable years to which a Georgia net operating loss may be carried back or carried over, and the number of years for which a net operating loss may be carried back or carried over, shall be the same as provided in the Internal Revenue Code. The terms 'Georgia net operating loss carryback' and 'Georgia net operating loss carryover" shall mean the Georgia net operating loss for the applicable year carried back or carried over in the manner and for the number of years as provided in this paragraph; (C) In the event the taxpayer elects to forgo the carryback period for the federal net operating loss as allowed under the Internal Revenue Code, the taxpayer shall also forgo the carryback period for Georgia purposes. If the taxpayer does not elect to forgo the carryback period for the federal net operating loss, the election to forgo the net operating loss period shall not be allowed for Georgia purposes. If the taxpayer does not have a federal net operating loss, the taxpayer may make an irrevocable election to forgo the carryback period for the Georgia net operating loss, provided that an affirmative statement is attached to the Georgia return for the year of the loss. Such election must be made on or before the due date for filing the income tax return for the taxable year wherein the loss was incurred, including any extensions which have been granted; (D) The provisions of Sections 108, 381, 382, and 384 of the Internal Revenue Code of 1986, as amended, as they relate to net operating losses also apply for Georgia purposes. The commissioner shall by regulation provide the method of determining how such sections apply; (E) In the event a taxpayer is entitled to a refund of income taxes by reason of a net operating loss carryback, a claim for such refund must be filed within three years after the due date for filing the income tax return for the taxable year wherein the loss was incurred, including any extensions which have been granted. Such tax refund shall be deemed to have been erroneously assessed and collected, and shall be paid under the provisions of Code Section 48-2-35; provided, however, that no interest shall accrue or be paid for any period prior to the close of the taxable year in which such net operating loss arises and no interest shall be paid if the claim for refund is processed within 90 days from the last day of the month in which the claim for such refund is filed; and (F) The commissioner shall have the authority to promulgate regulations regarding net operating losses with respect to this paragraph and with respect to consolidated return net operating losses."
SECTION 12.

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Said title is further amended by striking subsection (c) of Code Section 48-7-24, relating to nonresident members of resident partnerships and resident members of nonresident partnerships, and inserting in its place a new subsection (c) to read as follows:
"(c) Notwithstanding any other provision of this chapter to the contrary, the distributive share of a nonresident member of a resident limited partnership or other similar nontaxable entity which derives income exclusively from buying, selling, dealing in, and holding securities on its own behalf and not as a broker shall not constitute taxable income under this chapter. For purposes of this subsection, a resident limited partnership or similar nontaxable entity shall not include a family limited partnership or similar nontaxable entity the majority interest of which is owned by one or more natural or naturalized citizens related to each other within the fourth degree of reckoning according to the laws of descent and distribution. This subsection shall not apply to a person that participates in the management of the resident limited partnership or other similar nontaxable entity or that is engaged in a unitary business with another person that participates in the management of the resident limited partnership or other similar nontaxable entity."
SECTION 13. Said title is further amended by striking paragraph (2) of subsection (b) of Code Section 48-7-27, relating to computation of taxable net income, and inserting in its place a new paragraph (2) to read as follows:
"(2) There shall be subtracted from taxable income interest or dividends on obligations of the United States and its territories and possessions or of any authority, commission, or instrumentality of the United States to the extent includable in gross income for federal income tax purposes but exempt from state income taxes under the laws of the United States. Any amount subtracted under this paragraph shall be reduced by any interest expenses directly or indirectly attributable to the production of the interest or dividend income. For all taxpayers except individuals, the direct and indirect interest expense shall be determined by multiplying the total interest expense by a fraction, the numerator of which is the taxpayers average adjusted bases of such United States obligations, and the denominator of which is the average adjusted bases for all assets of the taxpayer."
SECTION 14. Said title is further amended by striking paragraph (6) of subsection (b) of Code Section 48-7-27, relating to computation of taxable net income, and inserting in its place a new paragraph (6) to read as follows:
"(6) When, on the sale or exchange of real or tangible personal property located in this state, gain or loss is not recognized because the taxpayer receives or purchases similar property, the nonrecognition shall be allowed only when the property is replaced with property located in this state except for the sale or exchange of a personal residence in which case the nonrecognition shall apply if the taxpayer purchases another personal residence anywhere in the United States within the time

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allowed under the applicable provisions of the Internal Revenue Code of 1986. Reserved."
SECTION 15. Said title is further amended by striking subsection (a) of Code Section 48-7-31, relating to taxation of corporations, the allocation and apportionment formula, and the formula for apportionment, and inserting in its place a new subsection (a) to read as follows:
"(a) The tax imposed by this chapter shall apply to the entire net income, as defined in this article, received by every foreign or domestic corporation owning property or within this state, doing business within this state, or deriving income from sources within this state to the extent permitted by the United States Constitution. A corporation shall be deemed to be doing business within this state if it engages within this state in any activities or transactions for the purpose of financial profit or gain whether or not:
(1) The corporation qualifies to do business in this state; (2) The corporation maintains an office or place of doing business within this state; or (3) Any such activity or transaction is connected with interstate or foreign commerce."
SECTION 16. Said title is further amended by striking paragraph (3) of subsection (e) of Code Section 48-7-40.15, relating to alternative tax credits for base year port traffic increases, and inserting in its place a new paragraph (3) to read as follows:
"(3)(A) Any tax credit claimed under subsection (c) of this Code section in lieu of Code Section 48-7-40.7, 48-7-40.8, or 48-7-40.9 shall be allowed for the ensuing ten taxable years following the taxable year the qualified investment property was first placed in service, provided that the increase in port traffic remains above the minimum level established in this Code section and the qualified investment property remains in service. (B) The tax credit established by this Code section in lieu of Code Section 48-7-40, 48-7-40.2, 48-7-40.3, or 48-7-40.4 and taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayers state income tax liability which is attributable to income derived from operations in this state for that taxable year. (C) The tax credit established by this Code section in addition to that pursuant to Code Section 48-7-40 and taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayers state income tax liability which is attributable to income derived from operations in this state for that taxable year. (C)(D) The sale, merger, acquisition, or bankruptcy of any taxpayer shall not create new eligibility for any succeeding taxpayer, but any unused credit may be transferred and continued by any transferee of the taxpayer."

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SECTION 17. Said title is further amended by striking subsection (b) of Code Section 48-7-42, relating to affiliated entities and assignment of corporate income tax credits, and inserting in its place a new subsection (b) to read as follows:
"(b) In lieu of claiming any Georgia income tax credit for which a taxpayer otherwise is eligible for the taxable year (such eligibility being determined for this purpose without regard to any limitation imposed by reason of the taxpayers precredit income tax liability), the taxpayer may elect to assign such credit in whole or in part to one or more affiliated entities for such taxable year by attaching a statement to the taxpayers return for the taxable year; provided, however, that no carryover attributable to the unused portion of any previously claimed or assigned credit may be assigned or reassigned, except as provided in subsection (d) of this Code section. Such election must be made on or before the due date for filing the applicable income tax return, including any extensions which have been granted. In the case of any credit that must be claimed in installments in more than one taxable year, the election under this subsection may be made on an annual basis with respect to each such installment, provided that the taxpayer shall notify the commissioner with respect to the assignment of each such installment by filing a separate copy of the election statement for such installment no later than the time of filing of the taxpayers state income tax return for such taxable year due date for filing the applicable income tax return, including any extensions which have been granted. Once made, an election under this subsection shall be irrevocable."
SECTION 18. Said title is further amended by striking Code Section 48-7-58, relating to taxpayer activities distorting true net income, and inserting in its place a new Code Section 48-758 to read as follows:
"48-7-58. (a) When the commissioner has reason to believe that any taxpayer conducts his or her trade or business so as to evade taxes, distort directly or indirectly his or her true net income, or distort directly or indirectly the net income properly attributable to this state, whether by the arbitrary shifting of income, through price fixing, charges for service, or otherwise, as a result of which the net income is arbitrarily assigned to one or another unit in a group of taxpayers conducting business under a substantially common control, a person related to the taxpayer, the commissioner may require the facts as he or she deems necessary for the proper computation of the entire net income and the net income properly attributable to this state. In determining the computation, the commissioner shall consider the fair profit which would normally arise from the conduct of the trade or business. The commissioner shall by regulation provide when to apply this subsection.
(b)(1) The Additionally, the commissioner may determine the amount of taxable income of any one or more corporations for a calendar or fiscal year when a corporation:

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(A) Subject to taxation under this chapter conducts its business in such manner as to benefit either directly or indirectly the members or stockholders of the corporation or any person interested in the business of the corporation by selling its products or the goods or commodities in which it deals at less than the fair price which might be obtained for the goods or commodities; (B) A substantial portion of whose capital stock is directly or indirectly owned by another corporation acquires and disposes of the products of the corporation so owning a substantial portion of its stock in such a manner as to create a loss or improper net income for either of the corporations; or (C) Directly or indirectly owning a substantial portion of the stock of another corporation acquires and disposes of the products of the corporation of which it so owns a substantial portion of the stock in such a manner as to create a loss or improper net income for either of the corporations. (2) In his or her determination, the commissioner shall consider the reasonable profits which, but for the arrangement or understanding, might or could have been obtained by the corporation or corporations subject to taxation under this chapter from dealing in such products, goods, or commodities."
SECTION 19. Said title is further amended by striking paragraph (6.2) of Code Section 48-7-100, relating to definitions, and inserting in its place a new paragraph (6.2) to read as follows:
"(6.2) 'Nonresident' shall mean an individual or fiduciary member who resides outside this state and a foreign or domestic corporate member all other members whose headquarters or principal place of business is located outside this state."
SECTION 20. Said title is further amended by striking subparagraph (K) of paragraph (10) of Code Section 48-7-100, relating to definitions, and inserting in its place a new subparagraph (K) to read as follows:
"(K) For services performed by a nonresident if the nonresident has been employed within this state for no more than 23 calendar days during the calendar quarter and the nonresident is not a taxable nonresident as defined in Code Section 48-7-1; or"
SECTION 21. Said title is further amended by striking Code Section 48-7-121, relating to credit of estimated tax payment, and inserting in its place a new Code Section 48-7-121 to read as follows:
"48-7-121. (a) As used in this Code section, the term:
(1) 'Final return' means the original income tax return filed by the taxpayer for the tax year or an amended return filed on or before the due date of the return without extensions. Such term does not include any other amended income tax return for the period or an estimated tax return.

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(2) 'Income tax liability for a taxable year' means the taxpayers income tax liability as calculated under Code Section 48-7-20 or 48-7-21 for the taxable year reduced (but not below zero) by all nonrefundable credits to which the taxpayer is entitled. Nonrefundable credits include any credit that is limited by the taxpayers income tax liability or some percentage thereof. (3) 'Other credits allowed by law' means only those income tax credits that are refundable, such as the credit for income tax withholding and the credit allowed by Code Section 48-7-28.1. Refundable credits do not include any credit that is limited by the taxpayers income tax liability or some percentage thereof. (a)(b) The amount of estimated tax paid under this article for any taxable year shall be allowed as a credit to the taxpayer against the taxpayers income tax liability under Code Section 48-7-20 or 48-7-21 for the taxable year. (b)(c) To the extent that the estimated tax credit, together with other credits allowed by law, is in excess of the taxpayers income tax liability for a taxable year as shown on an income tax a final return filed by the taxpayer for that year, the overpayment shall be considered as taxes erroneously paid and shall be credited or refunded as provided in this subsection. The overpayment shall be credited to the taxpayers estimated income tax liability for the succeeding taxable year unless the taxpayer claims a refund for the overpayment. The commissioner may consider any final return showing an overpayment as a claim for refund per se. An overpayment shall bear no interest if credit is given for the overpayment. Amounts refunded as overpayments shall bear interest at the rate provided in Code Section 48-2-35 but only after 90 days from the filing date of the final return showing the overpayment or 90 days from the due date of the final return, whichever is later."
SECTION 22. Said title is further amended by adding a new Code section immediately following Code Section 48-8-13 to be designated Code Section 48-8-14, to read as follows:
"48-8-14. (a) As used in this Code section, the term 'state agency' means any authority, board, department, instrumentality, institution, agency, or other unit of state government. The term 'state agency' shall not include any county, municipality, or local or regional governmental authority. (b) On or after the effective date of this Code section, the Department of Administrative Services and any other state agency shall not enter into a state-wide contract or agency contract for goods or services, or both, in an amount exceeding $100,000.00 with a nongovernmental vendor if the vendor or an affiliate of the vendor is a dealer as defined in paragraph (3) of Code Section 48-8-2, or meets one or more of the conditions thereunder, but fails or refuses to collect sales or use taxes levied under this chapter on its sales delivered to Georgia. (c) The Department of Administrative Services and any other state agency may contract for goods or services, or both, with a source prohibited under subsection (b) of

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this Code section in the event of an emergency or where the nongovernmental vendor is the sole source of such goods or services or both. (d) The determination of whether a vendor is a prohibited source shall be made by the Department of Revenue, which shall notify the Department of Administrative Services and any other state agency of its determination within three business days of a request for such determination. (e) Prior to awarding a contract, the Department of Administrative Services and any other state agency to which this article applies shall provide the Department of Revenue the name of the nongovernmental vendor awarded the contract, the name of the vendors affiliate, and the certificate of registration number as provided for under Code Section 48-8-59 for the vendor and affiliate of the vendor. (f) The commissioner is specifically authorized to promulgate regulations to implement this Code section."
SECTION 23. Said title is further amended by striking subsection (b) of Code Section 48-8-50, relating to vendors compensation, and inserting in its place a new subsection (b) to read as follows:
"(b) Each dealer required to file a return under this article shall include such dealers certificate of registration number or numbers for each sales location or affiliated entity of such dealer on such return. In reporting and paying the amount of tax due under this article, each dealer shall be allowed the following deduction, but only if the return was timely filed and the amount due was not delinquent at the time of payment; and that deduction shall be subject to the provisions of subsection (f) of this Code section pertaining to calculation of the deduction when more than one tax is reported on the same return:
(1) With respect to each certificate of registration number on such return, a deduction of 3 percent of the first $3,000.00 of the combined total amount of all sales and use taxes reported due on such return for each location other than the taxes specified in paragraph (3) of this subsection; (2) With respect to each certificate of registration number on such return, a deduction of one-half of 1 percent of that portion exceeding $3,000.00 of the combined total amount of all sales and use taxes reported due on such return for each location other than the taxes specified in paragraph (3) of this subsection; (3) With respect to each certificate of registration number on such return, a deduction of 3 percent of the combined total amount due of all sales and use taxes on motor fuel as defined under paragraph (9) of Code Section 48-9-2, which are imposed under any provision of this title, including, but not limited to, sales and use taxes on motor fuel imposed under any of the provisions described in subsection (f) of this Code section but not including Code Section 48-9-14; and (4) A deduction with respect to Code Section 48-9-14, as defined in paragraph (5.1) of Code Section 48-8-2, shall be at the rate of one-half of 1 percent of the total amount due of the prepaid state tax reported due on such return, so long as the return

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and payment is are timely, regardless of the classification of tax return upon which the remittance is made."
SECTION 24. Said title is further amended by striking subsection (h) of Code Section 48-8-67, relating to distribution of unidentifiable proceeds, and inserting in its place a new subsection (h) to read as follows:
"(h) The authority of the commissioner to make distributions pursuant to this Code section shall cease on December 31, 2005 2007, unless such authority is extended by a subsequent general Act of the General Assembly."
SECTION 25. Said title is further amended by striking subsection (b) of Code Section 48-9-8, relating to tax reports of motor fuel distributors, and inserting in its place a new subsection (b) to read as follows:
"(b) At the time of submitting the report required by subsection (a) of this Code section, the distributor shall pay to the commissioner the tax imposed by paragraph (1) of subsection (a) of Code Section 48-9-3 on all gasoline, fuel oils, compressed petroleum gas, special fuel, and aviation gasoline sold or used in this state during the preceding calendar month, less an allowance of 1 percent of the tax as compensation to cover losses and expenses incurred in reporting the tax to the state. The allowance shall not be deductible unless the report and payment of tax is are made on or before the twentieth day of the month as required by this article."
SECTION 26. Said title is further amended by adding a new Code section immediately following Code Section 48-12-1, to be designated Code Section 48-12-1.1, to read as follows:
"48-12-1.1. This chapter shall not apply to any estate with a date of death which occurred in a year for which the Internal Revenue Code does not allow a credit for state death taxes."
SECTION 27. (a) Section 2 of this Act shall become effective on its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2005. Provisions of the Internal Revenue Code of 1986 which were as of January 1, 2005, enacted into law but not yet effective shall become effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes. (b) Section 4 of this Act shall become effective on its approval by the Governor or upon its becoming law without such approval and shall be applicable to all payments made on or after July 1, 2005. (c) Sections 7, 8, 11, and 13 of this Act shall become effective on their approval by the Governor or upon their becoming law without such approval and shall be applicable to all

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taxable years beginning on or after January 1, 2005. (d) Section 20 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all calendar quarters beginning on or after July 1, 2005. (e) Sections 3, 6, 23, and 25 of this Act shall become effective on July 1, 2005. (f) This section and Sections 1, 5, 9, 10, 12, 14, 15, 16, 17, 18, 19, 21, 22, 24, and 28 of this Act shall become effective on their approval by the Governor or upon their becoming law without such approval. (g) Section 26 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to estates of decedents with a date of death after December 31, 2004.

SECTION 28. All laws and parts of laws in conflict with this Act are repealed.

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

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

Abdul-Salaam Y Amerson Y Anderson
Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G
Burkhalter Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar
Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Freeman
Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene
Hanner Y Harbin Y Hatfield

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson
Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson
Jones, J Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk

Y Maxwell Y May
McCall Y McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal
Orrock E Parham E Parrish
Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B

Y Sailor Scheid
Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens
Stephenson Y Talton
Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren
Watson Y Wilkinson

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Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Heard, J Y Heard, K
Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A

E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 148, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Jones of the 46th 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.

HB 306. By Representatives Rice of the 51st, Ehrhart of the 36th and Burkhalter of the 50th:

A BILL to be entitled an Act to amend Code Section 48-8-63 of the Official Code of Georgia Annotated, relating to payment of sales and use tax by contractors, so as to change certain provisions regarding payment of use tax with respect to certain tangible personal property; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

To amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain provisions regarding payment of such tax with respect to certain tangible personal property; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, is amended in Code Section 48-8-63, relating to payment of sales and use tax by contractors, by adding a new subsection immediately following subsection (f) to be designated subsection (g) to read as follows:
"(g)(1) Nothing contained in this Code section shall be construed to impose any sales or use tax with respect to the use of tangible personal property owned by the State of Georgia, the University System of Georgia, or any county, municipality, local board

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of education, or other political subdivision of this state in the performance of contracts with such entities when the property is not actually used up and consumed in the performance of the contract. Tangible personal property incorporated into real property construction which loses its identity as tangible personal property shall be deemed to be used up and consumed within the meaning of this subsection. Any governmental entity which furnishes tangible personal property to a contractor for incorporation into a construction, renovation, or repair project conducted pursuant to a contract with such governmental entity shall issue written notice to such contractor of the amount of tax owed for such tangible personal property. The failure of the governmental entity to issue such written notice to the contractor of any tax liability shall render such governmental entity liable for such tax. (2) This subsection shall not apply with respect to the use of tangible personal property owned by the United States."

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:

Abdul-Salaam Y Amerson Y Anderson
Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant
Buckner, D Y Buckner, G
Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar
Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Freeman
Gardner Y Geisinger
Golick Y Graves, D Y Graves, T Y Greene

Y Holmes Y Holt Y Horne
Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J
Jones, S Y Jordan Y Keen Y Keown
Kidd Y Knight
Knox Y Lakly Y Lane, B Y Lane, R Y Lewis

Y Maxwell Y May
McCall Y McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal
Orrock E Parham E Parrish
Parsons Y Porter Y Powell Y Ralston

Sailor Scheid Y Scott, A Y Scott, M Y Setzler Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker

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Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman, B Y Coleman, T Y Cooper Y Cox

Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A

Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Warren Watson
Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 144, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Kidd of the 115th and Knox 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.

HB 367. By Representatives Rice of the 51st and Parham of the 141st:

A BILL to be entitled an Act to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to licensing of driver training and commercial driver training schools, so as to provide definitions; to provide exceptions from these provisions; to regulate licensing of schools; to provide for insurance and bonds for school operators; 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 Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to licensing of driver training and commercial driver training schools, so as to provide definitions; to provide exceptions from these provisions; to regulate licensing of schools; to provide for insurance and bonds for school operators; 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 13 of Title 43 of the Official Code of Georgia Annotated, relating to licensing of

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driver training and commercial driver training schools, is amended by striking Code Section 43-13-2, relating to definitions applicable to driver training schools, and inserting in its place the following:
"43-13-2. (a) As used in this chapter, the term:
(1) 'Certificate of completion' means a certificate prescribed by the department issued for the successful completion of an approved 30 hours of classroom and six hours of behind the wheel instruction by a licensed driver training school. (3)(2) 'Commercial driver training school' means any person, partnership, limited liability company, or corporation giving driving instruction 'for hire' to ten or more persons per calendar year for the purpose of assisting such persons to meet the requirements for licensed driving of Class A or Class B motor vehicles in this state. (1)(3) 'Department' means the Department of Motor Vehicle Safety acting directly or through its duly authorized officers and agents. (2)(4) 'Driver training schools' means any person, partnership, limited liability company, or corporation giving driving instruction 'for hire' to ten or more persons per calendar year for the purpose of assisting such persons to meet the requirements for licensed driving of Class C or Class M motor vehicles in this state, except for motorcycle operator safety training programs conducted by or on behalf of the Department of Motor Vehicle Safety pursuant to Chapter 15 of Title 40. The term shall also include public school systems offering a driver training course during the regular school day as part of a student curriculum at no cost to the student. (4)(5) 'Drivers license examiners' means examiners appointed by the Department of Motor Vehicle Safety for the purpose of giving drivers license examinations. (5)(6) 'Motor vehicle' means every vehicle which is self-propelled upon, or by which any person or property is or may be transported or drawn upon, a public highway except devices used exclusively upon stationary rails or tracks. (6)(7) 'Person' means every natural person, firm, partnership, limited liability company, association, corporation, or school. (b) Except as otherwise provided in this subsection, the terms 'driver training school' and 'commercial driver training school' shall not include: (1) Hospitals and state licensed rehabilitation centers offering a driver training course for the purpose of rehabilitating persons to maintain or obtain a Class C license; except that such facilities shall be required to file a memorandum of understanding with the commissioner of the Department of Motor Vehicle Safety in the prescribed format of the department; (2) Any person offering a 'for hire' defensive driving safety course for the purpose of providing training to assist persons to obtain a Class C or Class M license through means of behind the wheel training, simulator training, or offering a defensive driving safety course consisting of less than 30 hours of classroom and six hours of behind the wheel training shall be required to obtain a limited license as a driver training school, register and identify all of its vehicles, and become subject to the same insurance requirements for a driver training school as outlined in Code Section 43-13-4. The

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commissioner of the Department of Motor Vehicle Safety shall promulgate and adopt rules and regulations for the qualifications for the driver training school limited license. The commissioner shall issue the driver training school limited license if the application is complete and the applicant demonstrates compliance with the laws of this state and the rules and regulations of the commissioner regarding insurance and safety. The driver training school limited license shall be valid for a period of four years; or (3) Any person may obtain a temporary driver training permit for a period of seven consecutive days beginning and ending on the dates specified on the face of the permit. Temporary driver training permits shall be obtained by schools, individuals, or other entities which offer occasional driver training instruction that do not maintain a permanent classroom located within the state. The fee for each temporary driver training permit shall be $100.00 per week and $25.00 for each vehicle. No temporary driver training permit shall be issued without the commissioner having first received satisfactory proof that the applicant meets the insurance requirements as defined in Code Section 43-13-4 and vehicle and safety requirements of the rules and regulations of the commissioner. A temporary driver training permit shall be displayed in a conspicuous location during all times instruction is being given and a copy of such permit shall be located in each vehicle that is registered for the purpose of providing instruction."
SECTION 2. Said chapter is further amended by striking Code Section 43-13-3, relating to licensing of driver training schools, and inserting in its place the following:
"43-13-3. No person shall operate a driver training school, operate a commercial driver training school, or engage in the business of giving instruction to ten or more persons per calendar year for hire in the driving of motor vehicles or in the preparation of an applicant for examination given by drivers license examiners for a drivers license or permit unless a license, a limited license, or temporary driver training permit therefor has been secured from the department. Separate licenses shall be required for the operation of a driver training school and a commercial driver training school. A driver training school shall offer a minimum of 30 hours of classroom instruction and six hours of behind the wheel instruction for the purpose of assisting persons to obtain a Class C license; however, a public or private school system may contract with a licensed driver training school to provide the six hours of behind the wheel instruction. A driver training school shall offer a minimum of 15 hours of instruction for the purpose of assisting persons to obtain a Class M license."
SECTION 3. Said chapter is further amended by striking paragraphs (3), (4), and (6) of Code Section 43-13-4, relating to qualification of driver training school operators, and inserting in their place the following:

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"(3) Maintain bodily injury and property damage liability insurance on motor vehicles while used in driver training instruction, insuring the liability of the driver training school, the driving instructors, and any person taking instruction, in at least the following amounts: $100,000.00 for bodily injury to or death of one person in any one accident and, subject to such limit for one person, $200,000.00 $300,000.00 for bodily injury to or death of two or more persons in any one accident and the amount of $20,000.00 $50,000.00 for damage to property of others in any one accident. Evidence of such insurance coverage, in the form of a certificate from the insurance carrier, shall be filed with the department; and such certificate shall stipulate that the insurance shall not be canceled except upon ten days prior written notice to the department. Such insurance shall be written by a company authorized to do business in this state; (4) Provide a continuous surety company bond in the principal sum of $2,500.00 10,000.00 for the protection of the contractual rights of students in such form as will meet with the approval of the department and written by a company authorized to do business in this state; provided, however, that the aggregate liability of the surety for all breaches of the condition of the bond in no event shall exceed the principal sum of $2,500.00 10,000.00 per location, and a single bond at such rate for all schools operated by the same person may be provided in satisfaction of this paragraph. The surety on any such bond may cancel such bond on giving 30 days notice thereof in writing to the department and shall be relieved of liability for any breach of any condition of the bond which occurs after the effective date of cancellation. If at any time said bond is not valid and in force, the license of the school or program shall be deemed suspended by operation of law until a valid surety company bond is again in force;" "(6) Pay to the department an application fee of $25.00 for the approval of driver training schools and instructors, commercial driver training schools and instructors, and driver training schools limited license and instructors. These licenses and each renewal thereof shall be valid for a period of four years unless suspended or revoked prior to the expiration of that time period."
SECTION 4. Said chapter is further amended by striking Code Section 43-13-4.1, relating to business names of driver training schools, and inserting in its place the following:
"43-13-4.1. (a) No driver training school or commercial driver training school shall be permitted to use, adopt, or conduct any business under any name that is like or deceptively similar to any name of a Georgia corporation registered with the Secretary of State. (b) This Code section shall not prohibit the franchising or licensing of any part or all of the name of a driver training school or commercial driver training school by the owner of the rights therein to another licensed driver training school or commercial driver training school."

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SECTION 5. Said chapter is further amended by striking subsection (a) of Code Section 43-13-10, relating to exceptions to the driver training school law, and inserting in its place the following:
"(a) This chapter shall not apply to a college conducting a driver or commercial driver training course; nor shall it apply to driver improvement schools operated by the state, or by a county or municipality, or any entity conducting a driver safety course on private property when the vehicles used in the training are not owned or leased by the entity conducting the driver safety training."
SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by the Committee on Rules, was read:
A BILL
To amend provisions of the Official Code of Georgia Annotated relating to motor vehicles and drivers; to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to change the requirements regarding replacement of license plates on private and governmental motor vehicles; to increase the license fee on governmental vehicles; to provide for disposition of the license fee on governmental vehicles; to remove the provisions regarding five-year license plates on governmental vehicles; to change the requirements as to destruction of tags from governmental vehicles; to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers licenses, so as to provide that driver training schools must be licensed and in operation for two years before being authorized to conduct onthe-road driving tests; to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of licenses to persons completing a defensive driving course or alcohol or drug program, so as to provide for approval of a driver improvement clinics curriculum; to provide for certificates of completion; to delete references to advanced defensive driving courses; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to enact Chapter 12A 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 ignition interlock device provider centers; to provide for a misdemeanor offense; to provide for rules and standards to be set by the commissioner of motor vehicle safety; to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to

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instructors in driver training and operators of driver training schools, so as to provide definitions; to provide exceptions from the provisions of the chapter; to regulate licensing of driver training schools; to provide for insurance and bonds for driver training school operators; 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:
SECTION 1. Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, is amended by striking subsections (b), (b.1), and (c) of Code Section 40-2-31, relating to design and replacement of license plates on private vehicles, and inserting in their place the following:
"(b) Such license plates shall be of metal at least six inches wide and not less than 12 inches in length, except motorcycle license plates which shall be at least four inches wide and not less than seven inches in length, and shall show in bold characters the month and year of registration expiration, the serial number, and either the full name or the abbreviation of the name of the state, shall designate the county from which the license plate was issued, and shall show such other distinctive markings as in the judgment of the commissioner may be deemed advisable, so as to indicate the class of weight of the vehicle for which the license plate was issued; and any license plate for a low-speed vehicle shall designate the vehicle as such. Such plates may also bear such figures, characters, letters, or combinations thereof as in the judgment of the commissioner will to the best advantage advertise, popularize, and otherwise promote Georgia as the 'Peach State.' The metal shall be of such strength and quality that the plate shall provide a minimum service period of at least five years. Every five years a new metal license plate shall be provided by the commissioner for issuance. Metal license plates issued on or after January 1, 1997, shall be used for a period of five years. The commissioner shall adopt rules and regulations, pursuant to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' for the design and issuance of new metal license plates and to implement the other provisions of this Code section. (b.1) Any valid license plate or revalidation decal assigned to a vehicle under former provisions of this Code section prior to May 1, 1997, shall be deemed issued to the current registrant of such vehicle on May 1, 1997. (c) The face of the license plate to be displayed shall be treated completely with a retroreflective material which will increase the nighttime visibility and legibility of the plate. The Office of Highway Safety department shall prepare the specifications which such retroreflective material shall meet."
SECTION 2. Said article is further amended by striking Code Section 40-2-37, relating to registration and licensing of governmental motor vehicles, and inserting in its place the following:

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"40-2-37. (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 $3.00, a license plate which shall be displayed upon such vehicle in the same manner as provided for private vehicles. The license fee, less the actual manufacturing cost of the plates which will be retained by the department, shall be deposited in the general fund of the state treasury. Such license plates shall be replaced at such time as other license plates issued for private vehicles are required to be replaced. (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 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. (c) All license plates issued to government vehicles pursuant to this Code section shall be marked in such a manner as to indicate the specific type of governmental unit operating the vehicle. These markings shall be prominently displayed and shall consist of one of the following appropriate legends: 'STATE,' 'CITY,' 'COUNTY,' 'AUTHORITY,' or 'BOARD.' In addition, each such license plate shall bear a county identification strip indicating the county in which the vehicle is based except that

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vehicles owned by the state shall not be required to bear such county identification strip. (d) Any such license plates shall remain displayed and affixed upon such vehicle so long as such vehicle continues to be owned by the state or such municipality or political subdivision and used exclusively for governmental functions. Upon cessation of either such ownership or use, the license plate shall be removed from such vehicle and either destroyed by such agency or returned to the commissioner or the county tag agent for destruction. If a license plate has been destroyed by the agency, certification of such destruction shall be provided by the agency to the commissioner upon a form prepared and furnished for such purpose by the commissioner. In the event of a transfer of a vehicle to a department or agency, or branch thereof, other than the specific one to which such vehicle is registered, the commissioner shall be notified in writing by the department or agency from which the same is being transferred upon a form prepared and furnished for such purpose by the commissioner. Such transfer shall be recorded on the registration lists maintained by the commissioner. On due proof of loss of any such license plate, or of mutilation due to accidental or natural causes, another license plate may be issued upon application of the fiscal officer or other proper official of the department, agency, or political subdivision to which any such lost plate is registered. (e) No person, firm, or corporation owning or operating any such vehicle shall display upon the motor vehicle any license plate provided for in this Code section unless at the time of such ownership or operation such vehicle is properly registered under this Code section and is owned by the state or a municipality or political subdivision of this state and is being used exclusively for governmental purposes. Any person who violates this subsection shall be guilty of a misdemeanor. (f) This Code section shall apply to all vehicle license plates issued for governmental vehicles on and after January 1, 1996 2006."
SECTION 3. Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers licenses, is amended by striking subsection (e) of Code Section 40-5-27, relating to examination of applicants for drivers licenses, and inserting in its place the following:
"(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 two years and has conducted driver education and adult education courses on a full-time basis for such one year two-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

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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 4. Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of licenses to persons completing a defensive driving course or alcohol or drug program, is amended by striking paragraphs (1) and (2) of subsection (a) of Code Section 40-5-83, relating to operation of driver clinics and programs, and inserting in their place the following:
"(a)(1) The commissioner of motor vehicle safety shall establish criteria for the approval of driver improvement clinics. To be approved, a clinic shall provide and operate either a defensive driving course, an advanced defensive driving course, or a professional defensive driving course or any combination thereof to the department for approval, or notify the department of the clinics legal authority to use a currently approved curriculum or program, a curriculum consisting of a minimum of six hours of classroom theoretical instruction consisting of traffic safety related information designed for the improvement or remediation of an individuals knowledge of defensive driving techniques and traffic laws. Clinics shall be composed of uniform education and training programs consisting of six hours of instruction designed for the rehabilitation of problem drivers. The commissioner shall establish standards and requirements concerning the contents of courses, qualifications of instructors, attendance requirements for students, and examinations. Approved clinics shall charge a fee of $75.00 for a defensive driving course, an advanced defensive driving course, or a professional defensive driving course; except that such clinics may charge different fees of their own choosing if the person is not enrolling in such course pursuant to court order or department requirement. No clinic shall be approved unless such clinic agrees in writing to allow the examination and audit of the books, records, and financial statements of such clinic. Clinics may be operated by any individual, partnership, corporation, association, civic group, club, county, municipality, board of education, school, or college. It shall be the responsibility of the clinic owner or operator to issue to each student who has passed the course a certificate of completion in the format prescribed by the department for reinstatement, points reduction, out of state reinstatement, or fulfilling a court order. The students stated purpose for taking the course shall be noted as required by the certificate of completion. Students who are taking a class for the purpose of insurance reduction only, without any additional purpose of reinstatement, points reduction, out of state reinstatement, or fulfilling a court order, shall be given a certificate of completion noting this purpose. A certificate of completion for insurance reduction only cannot be used for the purpose of reinstatement, points reduction, out of state reinstatement, or fulfilling a court order. Driver improvement clinics may be operated by any public, private, or governmental entity; provided, however, that in any county where a driver

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improvement clinic is operated by a private entity, no governmental entity shall be licensed to operate a driver improvement clinic." "(2) The commissioner may issue a special license to the instructor of any commercial driver training school authorizing such instructor to teach a defensive driving course, advanced defensive driving course, or professional defensive driving course of a driver improvement clinic provided pursuant to this Code section if such instructor is qualified to teach a teen-age driver education course which consists of a minimum of 30 hours of classroom and six hours of behind-the-wheel training and such instructor certifies to the commissioner that he or she has provided at least 250 hours of behind-the-wheel training in a teen-age driver education course."
SECTION 5. Said article is further amended by striking subsections (b), (c), and (d) of Code Section 40-5-84, relating to reinstatement of licenses suspended for points, and inserting in their place the following:
"(b) The license of any person whose license is suspended for the second time as a result of the conviction of an offense listed in Code Section 40-5-54 shall, at the expiration of 120 days following the date the license is suspended, be reinstated by the department upon receipt by the department of a certificate of completion of an advanced a defensive driving course and the payment of a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. (c) The license of any person whose license is suspended for the first time as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the department immediately upon receipt by the department of a certificate of completion of an approved a defensive driving course and the payment of a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. (d) The license of any person whose license is suspended for the second time as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the department immediately upon receipt by the department of a certificate of completion of an advanced a defensive driving course and the payment of a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail."
SECTION 6. 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 12A
43-12A-1. This chapter shall be known and may be cited as the 'Ignition Interlock Device Providers Act.'
43-12A-2.

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As used in this chapter, the term: (1) 'Department' means the Department of Motor Vehicle Safety acting directly or through its duly authorized officers and agents. (2) 'Ignition interlock device' means a constant monitoring device certified by the commissioner of motor vehicle safety which prevents a motor vehicle from being started at any time without first determining the equivalent blood alcohol concentration of the operator through the taking of a deep lung breath sample. The system shall be calibrated so that the motor vehicle may not be started if the blood alcohol concentration of the operator, as measured by the device, exceeds 0.02 grams or if the sample is not a sample of human breath. (3) 'Provider center' means a facility established for the purpose of providing and installing ignition interlock devices when their use is required by or as a result of an order of a court.
43-12A-3. No person shall operate a provider center or engage in the practice of providing, installing, or monitoring ignition interlock devices unless a license therefor has been secured from the department.
43-12A-4. (a) Every person who desires to operate a provider center shall meet the following requirements:
(1) Maintain an established place of business in the state which is open to the public; (2) Maintain a general liability policy of insurance, including products and completed operations, with not less than $50,000.00 of combined single limits, with an insurance carrier authorized by the Commissioner of Insurance to write policies in the state. Evidence of such insurance coverage, in the form of a certificate from the insurance carrier, shall be filed with the department; and such certificate shall stipulate that the insurance shall not be canceled except upon ten days prior written notice to the department; (3) Provide a continuous surety bond in the principal sum of $10,000.00 for the protection of the contractual rights of individuals required to maintain an ignition interlock device in such form as will meet with the approval of the department and written by a company authorized to do business in this state; provided, however, that the aggregate liability of the surety for all breaches of the condition of the bond in no event shall exceed the principal sum of $20,000.00 per location, and a single bond at such rate for all locations separately licensed and operated by the same person may be provided in satisfaction of this paragraph. The surety on any such bond may cancel such bond on giving 30 days notice thereof in writing to the department and shall be relieved of liability for any breach of any condition of the bond which occurs after the effective date of cancellation; (4) Have the equipment and knowledge necessary to provide, install, and monitor ignition interlock devices as prescribed by the department; and

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(5) Pay to the department an application fee of $250.00. (b) The department shall conduct a records check for any applicant for certification as a provider center operator. Each applicant shall submit two sets of classifiable fingerprints to the department. The department shall transmit both sets of fingerprints to the Georgia Crime Information Center, which shall submit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain one set of fingerprints and promptly conduct a search of state records. After receiving a report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be licensed. The applicant shall be responsible for any fee or other charge allowed by law or rule or regulation promulgated by the department, the Georgia Crime Information Center, or the Federal Bureau of Investigation for the submission, processing, and review of such fingerprints. (c) No applicant shall be licensed or certified who does not meet the requirements set forth in Code Section 43-12A-6.
43-12A-5. (a) No provider center shall be permitted to use, adopt, or conduct any business under any name that is like or deceptively similar to any name of a Georgia corporation registered with the Secretary of State. (b) This Code section shall not prohibit the franchising or licensing of any part or all of the name of a provider center by the owner of the rights therein to another licensed provider center. (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.
43-12A-6. Every person who desires to operate a provider center or to engage in the practice of providing, installing, or monitoring ignition interlock devices:
(1) Shall not have knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession licensed under this title or on any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in obtaining a license to practice the licensed business or profession; or made a false statement or deceptive registration with the board; (2) Shall not have been convicted of a second or subsequent violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained;

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(3) Shall not have been convicted of any felony or of any crime involving theft, fraud, violence, or moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States. As used in this paragraph, the term 'felony' shall mean any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and the term 'conviction' shall mean a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought; and (4) Shall not have been arrested, charged, and sentenced for the commission of any felony, or any crime involving theft, fraud, violence, or moral turpitude, where:
(A) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (B) An adjudication of guilt or sentence was otherwise withheld or not entered on the charge, except with respect to a plea of nolo contendere. The order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime.
43-12A-7. (a) The department shall issue a license certificate to each provider center operator when such person has met the qualifications required under this chapter. Each provider center shall be required to have a separate license for each location, but mobile units operating out of a particular licensed location need not be separately licensed. (b) All licenses issued to operators of provider centers pursuant to this chapter shall be valid for four years from the date of issuance unless sooner canceled, suspended, or revoked under Code Section 43-12A-8. All licenses shall be renewed through the department as provided in subsection (d) of this Code section and shall be valid for four years from the date of renewal. (c) The license of each provider center operator may be renewed subject to the same conditions as the original license and upon payment of a fee of $100.00. (d) All applications for renewal of a provider center operators license shall be on a form prescribed by the department and must be filed with the department not more than 60 days nor fewer than ten days preceding the expiration date of the license to be renewed.
43-12A-8. The department may cancel, suspend, revoke, or refuse to renew any provider centers license upon good cause being shown and after ten days notice to the license holder if:
(1) The department is satisfied that the licensee fails to meet the requirements to receive or hold a license under this chapter; (2) The licensee permits fraud or engages in fraudulent practices, with reference to either the applicant or the department, or induces or countenances fraud or fraudulent practices on the part of any applicant for a drivers license or permit;

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(3) The licensee fails to comply with this chapter or any rule of the department made pursuant thereto; (4) The licensee represents himself or herself as an agent or employee of the department or uses advertising designed to lead, or which would reasonably have the effect of leading, persons to believe that such licensee is in fact an employee or representative of the department; (5) The licensee or any employee or agent of the licensee directly or indirectly solicits business by personal solicitation on public property or in any department, agency, or office of the state which involves the administration of any law relating to motor vehicles, whether by telephone, mail, or electronic communications. A violation of this paragraph shall be a misdemeanor. Advertising in any mass media, including, but not limited to, newspapers, radio, television, magazines, or telephone directories, by a provider center shall not be considered a violation of this paragraph; or (6) The drivers license of the licensee has been canceled, suspended, or revoked.
43-12A-9. (a) The commissioner of motor vehicle safety is authorized to prescribe, by rule, standards for the eligibility, conduct, and equipment required for a person to be licensed to operate a provider center and to adopt other reasonable rules and regulations to carry out this chapter. Notwithstanding the foregoing, violations that are minor in nature and committed by a person, firm, or corporation shall be punished only by a written reprimand unless the person, firm, or corporation fails to remedy the violation within 30 days, in which case an administrative fine, not to exceed $250.00, may be issued. (b) The commissioner of motor vehicle safety shall have the authority to assess, after a hearing, an administrative fine not to exceed $1,000.00 per violation against any provider center, agent, or employee that fails to comply with any requirement imposed by or pursuant to this chapter. (c) The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person, firm, or corporation who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner of motor vehicle safety shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this Code section shall be paid into the state treasury. The commissioner of motor vehicle safety may file in the superior court:
(1) Wherein the person under order resides; (2) If such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) In the county wherein the violation occurred a certified copy of a final order of the commissioner of motor vehicle safety, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment, and any proceeding in

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relation thereto, shall have the same effect as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner of motor vehicle safety with respect to any violation of this chapter or any order, rules, or regulations promulgated pursuant to this chapter."
SECTION 7. Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to instructors in driver training and operators of driver training schools, is amended by striking Code Section 43-13-2, relating to definitions applicable to driver training schools, and inserting in its place the following:
"43-13-2. (a) As used in this chapter, the term:
(1) 'Certificate of completion' means a certificate prescribed by the department issued for the successful completion of an approved 30 hours of classroom instruction and six hours of behind-the-wheel training by a licensed driver training school. (3)(2) 'Commercial driver training school' means any person, partnership, limited liability company, or corporation giving driving instruction to ten or more persons per calendar year for hire for the purpose of assisting such persons to meet the requirements for licensed driving of Class A or Class B motor vehicles in this state. (1)(3) 'Department' means the Department of Motor Vehicle Safety acting directly or through its duly authorized officers and agents. (2)(4) 'Driver training schools school' means any person, partnership, limited liability company, or corporation giving driving instruction to ten or more persons per calendar year for hire for the purpose of assisting such persons to meet the requirements for licensed driving of Class C or Class M motor vehicles in this state, except for motorcycle operator safety training programs conducted by or on behalf of the Department of Motor Vehicle Safety pursuant to Chapter 15 of Title 40. The term shall also include any public school system offering a driver training course during the regular school day as part of a student curriculum at no cost to the student. (4)(5) 'Drivers license examiners' means examiners appointed by the Department of Motor Vehicle Safety for the purpose of giving drivers license examinations. (5)(6) 'Motor vehicle' means every vehicle which is self-propelled upon, or by which any person or property is or may be transported or drawn upon, a public highway except devices used exclusively upon stationary rails or tracks. (6)(7) 'Person' means every natural person, firm, partnership, limited liability company, association, corporation, or school. (b)(1) Except as otherwise provided in this subsection, the terms 'driver training school' and 'commercial driver training school' shall not include hospitals and state licensed rehabilitation centers offering a driver training course for the purpose of rehabilitating persons to maintain or obtain a Class C license; except that such

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facilities shall be required to file a memorandum of understanding with the commissioner of motor vehicle safety in the prescribed format of the department. (2) Any person offering a for hire defensive driving safety course for the purpose of providing training to assist persons to obtain a Class C or Class M license through means of behind-the-wheel training, simulator training, or a defensive driving safety course consisting of less than 30 hours of classroom instruction and six hours of behind-the-wheel training shall be required to obtain a limited license as a driver training school, register and identify all of its vehicles, and become subject to the same insurance requirements for a driver training school as outlined in Code Section 43-13-4. The commissioner of motor vehicle safety shall promulgate and adopt rules and regulations for the qualifications for the driver training school limited license. The commissioner shall issue the driver training school limited license if the application is complete and the applicant demonstrates compliance with the laws of this state and the rules and regulations of the commissioner regarding insurance and safety. The driver training school limited license shall be valid for a period of four years. (3) Any person may obtain a temporary driver training permit for a period of seven consecutive days beginning and ending on the dates specified on the face of the permit. Temporary driver training permits shall be obtained by schools, individuals, or other entities which offer occasional driver training instruction and which do not maintain a permanent classroom located within the state. The fee for each temporary driver training permit shall be $100.00 per week and $25.00 for each vehicle. No temporary driver training permit shall be issued without the commissioner having first received satisfactory proof that the applicant meets the insurance requirements as defined in Code Section 43-13-4 and the vehicle and safety requirements of the rules and regulations of the commissioner. A temporary driver training permit shall be displayed in a conspicuous location during all times instruction is being given and a copy of such permit shall be located in each vehicle that is registered for the purpose of providing instruction."
SECTION 8. Said chapter is further amended by striking Code Section 43-13-3, relating to licensing of driver training schools, and inserting in its place the following:
"43-13-3. No person shall operate a driver training school, operate a commercial driver training school, or engage in the business of giving instruction to ten or more persons per calendar year for hire in the driving of motor vehicles or in the preparation of an applicant for examination given by drivers license examiners for a drivers license or permit unless a license, a limited license, or temporary driver training permit therefor has been secured from the department. Separate licenses shall be required for the operation of a driver training school and a commercial driver training school. A driver training school shall offer a minimum of 30 hours of classroom instruction and six hours of behind-the-wheel instruction for the purpose of assisting persons to obtain a

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Class C license; however, a public or private school system may contract with a licensed driver training school to provide the six hours of behind-the-wheel instruction. A driver training school shall offer a minimum of 15 hours of instruction for the purpose of assisting persons to obtain a Class M license."
SECTION 9. Said chapter is further amended by striking paragraphs (3), (4), and (6) of Code Section 43-13-4, relating to qualification of driver training school operators, and inserting in their place the following:
"(3) Maintain bodily injury and property damage liability insurance on motor vehicles while used in driver training instruction, insuring the liability of the driver training school, the driving instructors, and any person taking instruction, in at least the following amounts: $100,000.00 for bodily injury to or death of one person in any one accident and, subject to such limit for one person, $200,000.00 $300,000.00 for bodily injury to or death of two or more persons in any one accident and the amount of $20,000.00 $50,000.00 for damage to property of others in any one accident. Evidence of such insurance coverage, in the form of a certificate from the insurance carrier, shall be filed with the department; and such certificate shall stipulate that the insurance shall not be canceled except upon ten days prior written notice to the department. Such insurance shall be written by a company authorized to do business in this state; (4) Provide a continuous surety company bond in the principal sum of $2,500.00 $10,000.00 for the protection of the contractual rights of students in such form as will meet with the approval of the department and written by a company authorized to do business in this state; provided, however, that the aggregate liability of the surety for all breaches of the condition of the bond in no event shall exceed the principal sum of $2,500.00 $10,000.00 per location, and a single bond at such rate for all schools operated by the same person may be provided in satisfaction of this paragraph. The surety on any such bond may cancel such bond on giving 30 days notice thereof in writing to the department and shall be relieved of liability for any breach of any condition of the bond which occurs after the effective date of cancellation. If at any time said bond is not valid and in force, the license of the school or program shall be deemed suspended by operation of law until a valid surety company bond is again in force;" "(6) Pay to the department an application fee of $25.00 for the approval of driver training schools and instructors, commercial driver training schools and instructors, and driver training schools limited license and instructors. These licenses and each renewal thereof shall be valid for a period of four years unless suspended or revoked prior to the expiration of that time period."
SECTION 10. Said chapter is further amended by striking Code Section 43-13-4.1, relating to business names of driver training schools, and inserting in its place the following:

FRIDAY, MARCH 11, 2005

1953

"43-13-4.1. (a) No driver training school or commercial driver training school shall be permitted to use, adopt, or conduct any business under any name that is like or deceptively similar to any name of a Georgia corporation registered with the Secretary of State. (b) This Code section shall not prohibit the franchising or licensing of any part or all of the name of a driver training school or commercial driver training school by the owner of the rights therein to another licensed driver training school or commercial driver training school."
SECTION 11. Said chapter is further amended by striking subsection (a) of Code Section 43-13-10, relating to exceptions to the driver training school law, and inserting in its place the following:
"(a) This chapter shall not apply to a college conducting a driver or commercial driver training course; nor shall it apply to driver improvement schools operated by the state or by a county or municipality; nor shall it apply to any entity conducting a driver safety course on private property when the vehicles used in the training are licensed by the vehicle owner and are not owned, leased, or under the control of the entity conducting or sponsoring the training, except that such entity shall be required to obtain a temporary permit as outlined in this Code section. Such temporary permit shall be in the format prescribed by the department and shall include the dates and location of the scheduled training and a certificate of liability insurance in the format established by the department."
SECTION 12. This Act shall become effective on July 1, 2005, except for Section 6, which shall become effective on January 1, 2006.
SECTION 13. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representative Martin of the 47th et al. move to amend the Rules Committee substitute to HB 367 by deleting line 33 on page 15 through line 2 on page 16 and inserting in their place the following:
"sponsoring the training. Such entity shall notify the department of the dates and location of the scheduled training and provide a certificate of liability insurance in the form established by the department.'"
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

1954

JOURNAL OF THE HOUSE

Abdul-Salaam N Amerson Y Anderson
Ashe Barnard E Barnes N Bearden N Beasley-Teague Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G Burkhalter Y Burmeister Y Burns N Butler Y Byrd Y Carter N Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole N Coleman, B Y Coleman, T Y Cooper Y Cox

Y Crawford N Cummings N Davis Y Day Y Dean Y Dickson E Dodson Y Dollar
Drenner Y Dukes Y Ehrhart Y England Y Epps N Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger
Golick Y Graves, D N Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan N Keen N Keown Y Kidd N Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May
McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan
Morris Y Mosby Y Mosley Y Mumford N Murphy, J Y Murphy, Q Y Neal
Oliver O'Neal Y Orrock E Parham E Parrish Parsons Y Porter Y Powell Y Ralston Randall Y Ray Y Reece, B N Reece, S Y Reese N Rice Y Roberts Y Rogers Y Royal N Rynders

Sailor Y Scheid N Scott, A Y Scott, M Y Setzler
Shaw N Sheldon N Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L N Smith, P N Smith, R Y Smith, T N Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin
Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the adoption of the amendment, the ayes were 125, nays 26.

The amendment was adopted.

The substitute, offered by the Committee on Rules, 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:

Abdul-Salaam Y Amerson

Y Crawford Y Cummings

Y Holmes Y Holt

Y Maxwell Y May

Sailor Y Scheid

FRIDAY, MARCH 11, 2005

1955

Y Anderson Y Ashe
Barnard E Barnes Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G
Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

N Davis Y Day Y Dean Y Dickson E Dodson Y Dollar
Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield
Heard, J Y Heard, K
Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A

Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver
O'Neal Y Orrock E Parham E Parrish
Parsons Y Porter Y Powell
Ralston Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 152, nays 1.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representatives Heard of the 104th and Williams of the 89th 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 374. By Representatives Geisinger of the 48th, Jones of the 46th, Martin of the 47th and Willard of the 49th:

A BILL to be entitled an Act to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and

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JOURNAL OF THE HOUSE

trade shows, so as to extend the time for the levy and collection of a tax for the purpose of construction and expansion of a system of bicycle or pedestrian greenways, trails, walkways, or any other combination thereof connecting a downtown historic or business district and surrounding areas under certain circumstances; 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:

Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G
Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd
Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James
Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall N McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver
O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre
Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E
Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 154, nays 1.

FRIDAY, MARCH 11, 2005

1957

The Bill, having received the requisite constitutional majority, was passed.

Representative Forster of the 3rd 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 452. By Representatives Maddox of the 172nd, Smith of the 131st, Buckner of the 130th, England of the 108th, Crawford of the 127th and others:

A BILL to be entitled an Act to amend Code Section 4-15-1 of the Office Code of Georgia Annotated, relating to the establishment of the dog and cat reproductive sterilization support program, so as to provide for donations to the Dog and Cat Sterilization Fund by taxpayers through voluntary contributions on each taxpayers state income tax return; 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:

Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G
Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson Y Dollar Y Drenner
Dukes Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Fludd Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J

Y Holmes Y Holt Y Horne E Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S
Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas

Y Maxwell N May Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver
O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker
Warren Y Watson Y Wilkinson E Willard

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JOURNAL OF THE HOUSE

Y Coan Y Cole Y Coleman, B Y Coleman, T
Cooper Y Cox

Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin

Y Reese Rice
Y Roberts Y Rogers Y Royal Y Rynders

Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 152, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

Representatives Forster of the 3rd, Jordan of the 77th, and Mangham of the 94th 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 194. By Representatives Martin of the 47th, Burkhalter of the 50th, Amerson of the 9th, Royal of the 171st, Ashe of the 56th and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits with respect to teleworking for a limited period of time; to provide for definitions; to provide for conditions, limitations, and exclusions; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and withdrawn:

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 with respect to teleworking for a limited period of time; to provide for definitions; to provide for conditions, limitations, and exclusions; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

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

FRIDAY, MARCH 11, 2005

1959

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 Code Section 48-7-29.9, to read as follows:
"48-7-29.9. (a) As used in this Code section, the term:
(1) 'Eligible telework expenses' means expenses incurred during the taxable year pursuant to a telework agreement, up to a limit of $1,500.00 for each participating employee, to enable a participating employee to begin to telework, which expenses are not otherwise the subject of an exclusion from income claimed by the taxpayer. Such expenses shall include, but not be limited to, expenses paid or incurred to purchase computers, computer related hardware and software, modems, data processing equipment, telecommunications equipment, high-speed Internet connectivity equipment, computer security software and devices, and all related delivery, installation, and maintenance fees. Such expenses shall not include replacement costs for computers, computer related hardware and software, modems, data processing equipment, telecommunications equipment, or computer security software and devices at the principal place of business when that equipment is relocated to the telework site. Such expenses may be incurred only once per employee. Such expenses may be incurred directly by the employer on behalf of the participating employee or directly by the participating employee. (2) 'Employer' means any employer upon whom an income tax is imposed by this article. (3) 'Participating employee' means an employee who has entered into a telework agreement with his or her employer. This term shall not include an individual who is self-employed or an individual who ordinarily spends a majority of his or her workday at a location other than the employers principal place of business. (4) 'Telework' means to perform normal and regular work functions on a workday that ordinarily would be performed at the employers principal place of business at a different location, thereby eliminating or substantially reducing the physical commute to and from that employers principal place of business. This term shall not include home based businesses, extensions of the workday, or work performed on a weekend or holiday. (5) 'Telework agreement' means an agreement signed by the employer and the participating employee that defines the terms of a telework arrangement, including the number of days per year the participating employee will telework and any restrictions on the place from which the participating employee will telework. (6) 'Telework assessment' means an optional assessment leading to the development of policies and procedures necessary to implement a formal telework program, including but not limited to a workforce profile, a telework program business case and plan, a detailed accounting of the purpose, goals, and operating procedures of the telework program, methodologies for measuring telework program activities and success, and a deployment schedule for increasing telework activity.

1960

JOURNAL OF THE HOUSE

(b) For taxable years beginning on or after January 1, 2006, and ending on or prior to December 31, 2008, an employer shall be allowed a state income tax credit against the tax imposed by this chapter for a percentage of eligible telework expenses incurred in the tax year. The amount of such credit shall be calculated as follows:
(1) The credit shall be equal to 100 percent of the eligible telework expenses incurred pursuant to a telework agreement requiring the participating employee to telework at least 12 days per month if the employers principal place of business is located in an area designated by the United States Environmental Protection Agency as a nonattainment area under the federal Clear Air Act, 42 U.S.C. Section 7401 et seq.; (2) The credit shall be equal to 75 percent of the eligible telework expenses incurred pursuant to a telework agreement requiring the participating employee to telework at least 12 days per month; or (3) The credit shall be equal to 25 percent of the eligible telework expenses incurred pursuant to a telework agreement requiring the participating employee to telework at least five days per month. (c)(1) In addition to the credit provided by subsection (b) of this Code section, an employer conducting a telework assessment shall be allowed a credit in the year of implementation of the employers formal telework program against the tax imposed by this article for 100 percent of the cost, up to a maximum credit of $40,000.00 per employer, of preparing the assessment. The credit provided by this subsection is intended to include program planning expenses, including direct program development and training costs, raw labor costs, and professional consulting fees; the credit shall not include expenses for which a credit is claimed under any other provision of this article. This credit shall be allowed only once per employer. (2) All telework assessments eligible for a state income tax credit under this subsection shall meet standards for eligibility promulgated by the commissioner. (d) In no event shall the total amount of any tax credit under this Code section for a taxable year exceed the employers income tax liability. No unused tax credit shall be allowed to be carried forward to apply to the employers succeeding years tax liability. No such tax credit shall be allowed the employer against prior years tax liability. (e)(1) On or before October 1 of each year, an employer may submit an application to the commissioner for approval of the tax credit for a taxable year that begins in the next calendar year. Such applications must certify that the employer would not have incurred the eligible telework expenses mentioned therein but for the availability of the tax credit. The commissioner shall review such application and, subject to the limitations provided for in paragraph (2) of this subsection, shall approve such application upon determining that it meets the requirements of this Code section. (2) In no event shall the total amount of tax credits approved by the commissioner under this Code section in a taxable year exceed:
(A) $2,000,000.00 in 2006; (B) $5,000,000.00 in 2007; and (C) $7,000,000.00 in 2008;

FRIDAY, MARCH 11, 2005

1961

(f) On or before January 1, 2008, the commissioner shall conduct an assessment of telework programs conducted under this Code section and shall report to the General Assembly any finding regarding performance measures developed by the commissioner, problems encountered, and recommendations for further implementation of this Code section or amending this Code section. (g) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to taxable years beginning on or after January 1, 2006, and ending prior to December 31, 2008.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by the Committee on Rules, 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 tax credits with respect to teleworking for a limited period of time; to provide for definitions; to provide for conditions, limitations, and exclusions; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
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 Code Section 48-7-29.9, to read as follows:
"48-7-29.9. (a) As used in this Code section, the term:
(1) 'Eligible telework expenses' means expenses incurred during the taxable year pursuant to a telework agreement, up to a limit of $1,500.00 for each participating employee, to enable a participating employee to begin to telework, which expenses are not otherwise the subject of an exclusion from income claimed by the taxpayer. Such expenses shall include, but not be limited to, expenses paid or incurred to purchase computers, computer related hardware and software, modems, data

1962

JOURNAL OF THE HOUSE

processing equipment, telecommunications equipment, high-speed Internet connectivity equipment, computer security software and devices, and all related delivery, installation, and maintenance fees. Such expenses shall not include replacement costs for computers, computer related hardware and software, modems, data processing equipment, telecommunications equipment, or computer security software and devices at the principal place of business when that equipment is relocated to the telework site. Such expenses may be incurred only once per employee. Such expenses may be incurred directly by the employer on behalf of the participating employee or directly by the participating employee. (2) 'Employer' means any employer upon whom an income tax is imposed by this article. (3) 'Participating employee' means an employee who has entered into a telework agreement with his or her employer. This term shall not include an individual who is self-employed or an individual who ordinarily spends a majority of his or her workday at a location other than the employers principal place of business. (4) 'Telework' means to perform normal and regular work functions on a workday that ordinarily would be performed at the employers principal place of business at a different location, thereby eliminating or substantially reducing the physical commute to and from that employers principal place of business. This term shall not include home based businesses, extensions of the workday, or work performed on a weekend or holiday. (5) 'Telework agreement' means an agreement signed by the employer and the participating employee that defines the terms of a telework arrangement, including the number of days per year the participating employee will telework and any restrictions on the place from which the participating employee will telework. (6) 'Telework assessment' means an optional assessment leading to the development of policies and procedures necessary to implement a formal telework program, including but not limited to a workforce profile, a telework program business case and plan, a detailed accounting of the purpose, goals, and operating procedures of the telework program, methodologies for measuring telework program activities and success, and a deployment schedule for increasing telework activity. (b) For taxable years beginning on or after January 1, 2006, and ending on or prior to December 31, 2008, an employer shall be allowed a state income tax credit against the tax imposed by this chapter for a percentage of eligible telework expenses incurred in the tax year. The amount of such credit shall be calculated as follows: (1) The credit shall be equal to 100 percent of the eligible telework expenses incurred pursuant to a telework agreement requiring the participating employee to telework at least 12 days per month if the employers principal place of business is located in an area designated by the United States Environmental Protection Agency as a nonattainment area under the federal Clear Air Act, 42 U.S.C. Section 7401 et seq.; (2) The credit shall be equal to 75 percent of the eligible telework expenses incurred pursuant to a telework agreement requiring the participating employee to telework at least 12 days per month; or

FRIDAY, MARCH 11, 2005

1963

(3) The credit shall be equal to 25 percent of the eligible telework expenses incurred pursuant to a telework agreement requiring the participating employee to telework at least five days per month. (c)(1) In addition to the credit provided by subsection (b) of this Code section, an employer conducting a telework assessment shall be allowed a credit in the year of implementation of the employers formal telework program against the tax imposed by this article for 100 percent of the cost, up to a maximum credit of $40,000.00 per employer, of preparing the assessment. The credit provided by this subsection is intended to include program planning expenses, including direct program development and training costs, raw labor costs, and professional consulting fees; the credit shall not include expenses for which a credit is claimed under any other provision of this article. This credit shall be allowed only once per employer. (2) All telework assessments eligible for a state income tax credit under this subsection shall meet standards for eligibility promulgated by the commissioner. (d) In no event shall the total amount of any tax credit under this Code section for a taxable year exceed the employers income tax liability. No unused tax credit shall be allowed to be carried forward to apply to the employers succeeding years tax liability. No such tax credit shall be allowed the employer against prior years tax liability. (e)(1) On or before October 1 of each year, an employer may submit an application to the commissioner for approval of the tax credit for a taxable year that begins in the next calendar year. Such applications must certify that the employer would not have incurred the eligible telework expenses mentioned therein but for the availability of the tax credit. The commissioner shall review such application and, subject to the limitations provided for in paragraph (2) of this subsection, shall approve such application upon determining that it meets the requirements of this Code section. (2) In no event shall the total amount of tax credits approved by the commissioner under this Code section in a taxable year exceed:
(A) $2,000,000.00 in 2006; (B) $5,000,000.00 in 2007; and (C) $7,000,000.00 in 2008; (f) On or before January 1, 2008, the commissioner shall conduct an assessment of telework programs conducted under this Code section and shall report to the General Assembly any finding regarding performance measures developed by the commissioner, problems encountered, and recommendations for further implementation of this Code section or amending this Code section. (g) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to taxable years beginning on or after January 1, 2006, and ending for taxable years beginning prior to January 1, 2009.

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JOURNAL OF THE HOUSE

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:

Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G
Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan
Cole Y Coleman, B Y Coleman, T
Cooper Cox

Y Crawford Y Cummings Y Davis Y Day
Dean Dickson E Dodson Y Dollar Y Drenner Dukes Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne E Houston
Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson
Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan
Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin
Martin

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 152, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

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1965

HB 334. By Representatives Mumford of the 95th, Ralston of the 7th and Mangham of the 94th:

A BILL to be entitled an Act to amend Code Section 15-11-18 of the Official Code of Georgia Annotated, relating to creation of juvenile courts, terms and compensation of judges, state grants for judicial salaries, qualifications, presiding judge, practice of law, and actions by judges including administration and expenditures, so as to provide for judicial salary supplements under certain circumstances; to provide for related matters; to provide for effective dates; to provide for an automatic repealer; 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:

Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G
Burkhalter Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T

Y Crawford Y Cummings
Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner
Dukes Ehrhart Y England Y Epps Fleming Y Floyd, H Y Floyd, J Y Fludd Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson

Y Holmes Y Holt Y Horne E Houston
Howard Y Hudson Y Hugley Y Jackson
Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan
Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis
Lindsey Y Lord
Loudermilk E Lucas
Lunsford Y Maddox Y Mangham Y Manning

Y Maxwell May
Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills
Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q
Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston
Randall Y Ray Y Reece, B
Reece, S Y Reese Y Rice Y Roberts Y Rogers

Sailor Y Scheid Y Scott, A Y Scott, M
Setzler Shaw Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Williams, A Y Williams, E Y Williams, R Y Wix

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Y Cooper Y Cox

Y Hill, C Y Hill, C.A

Y Marin Y Martin

Y Royal Y Rynders

Y Yates Richardson,
Speaker

On the passage of the Bill, the ayes were 145, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

Representatives Burmeister of the 119th, Davis of the 109th, Ehrhart of the 36th, Forster of the 3rd, Hatfield of the 177th, Jacobs of the 80th, Lindsey of the 54th, May of the 111th, Neal of the 1st, and Sheldon of the 105th 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 Resolution of the House was read and referred to the Committee on Rules:

HR 517. By Representative Ralston of the 7th:

A RESOLUTION honoring the Fannin County High School Junior Varsity Academic Team and inviting its members to appear before the House of Representatives; and for other purposes.

The Speaker assumed the Chair.

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 501. By Representative Scott of the 153rd:

A BILL to be entitled an Act to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic, and numerous other provisions of the O.C.G.A., so as to substantially amend laws relating to operation and regulation of motor vehicles and substantially revise the state administration of such laws; to create the Department of Driver Services as a successor agency to the Department of Motor Vehicle Safety; to provide for the Department of Driver Services to assume certain responsibilities of the Department of Motor Vehicle Safety and in particular responsibility for drivers licensing services; to substantially amend provisions relative to the issuance of drivers licenses; to amend the O.C.G.A. so as to transfer into other departments and agencies responsibility for administration of other laws relating to motor vehicles; to provide for other matters related to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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The following Committee substitute was read:
A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, and numerous other provisions of the Official Code of Georgia Annotated, so as to substantially amend laws relating to operation and regulation of motor vehicles and substantially revise the state administration of such laws; to create the Department of Driver Services as a successor agency to the Department of Motor Vehicle Safety; to provide for the Department of Driver Services to assume certain responsibilities of the Department of Motor Vehicle Safety and in particular responsibility for drivers licensing services and driver education programs; to substantially amend provisions relative to the issuance of drivers licenses, change fees therefor, change the duration thereof, change the requirements and procedure for issuance thereof, change provisions relating to suspension and renewal thereof, and make other related changes; to amend the Official Code of Georgia Annotated so as to transfer into other departments and agencies responsibility for administration of certain other laws relating to motor vehicles; to provide for retention and transfer of certain other functions relating to motor vehicles and related administrative and substantive changes, including but not limited to functions involving titling, registration, and licensing of motor vehicles, insuring of motor vehicles and responsibility for accidents, regulation of vehicle sizes and weights, fuel tax enforcement, certification and permitting of carriers, handicapped parking permits, establishment of vehicle and vehicle component safety standards, and transportation of hazardous materials; to provide for the revision and amendment of certain laws relating to retained and transferred functions, both in connection with and in addition to the retention and transfer of functions; to provide for other matters related to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I Amendments to Chapter 40-16. Department of Motor Vehicle Safety.
SECTION 1-1.
Chapter 16 of Title 40 of the Official Code of Georgia Annotated, relating to the Department of Motor Vehicle Safety, is amended by striking said chapter in its entirety and inserting in its place a new chapter to read as follows:
"CHAPTER 16
40-16-1. As used in this chapter, the term:

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(1) 'Board' means the Board of Motor Vehicle Safety Driver Services. (2) 'Commissioner' means the commissioner of motor vehicle safety driver services. (3) 'Department' means the Department of Motor Vehicle Safety Driver Services.
40-16-2. (a) There is created the Department of Motor Vehicle Safety Driver Services. The Department of Driver Services shall be a successor agency to and continuation of the former Department of Motor Vehicle Safety. The department shall be the agency primarily responsible for:
(1) Administration of the laws and regulations relating to registration and titling of motor vehicles, as provided for in Chapters 2 and 3 of Title 40 this title; (2) Administration of the laws and regulations relating to drivers licenses, as provided for in Chapter 5 of Title 40 this title; (3) Administration of the laws and regulations relating to proof of financial responsibility, as provided for in Chapter 9 of Title 40 this title; (4) Administration of laws relating to ignition interlock devices for use by driving under the influence offenders; (5) Administration of laws relating to driver training schools, driver improvement clinics, DUI Alcohol or Drug Use Risk Reduction Programs, and commercial driving schools; (6) Administration of laws relating to motorcycle safety programs; (7) Administration of laws and regulations relating to issuance of limousine chauffeur permits; (8) Administration of laws and regulations relating to parking permits for persons with disabilities; (9) Administration of laws and regulations relating to registration of certain motor carriers; (10) Administration of laws relating to motor vehicle franchise practices; and (11) Administration of any other laws specifically providing for their administration by the department. (b) Responsibility for the following functions formerly exercised by the Department of Motor Vehicle Safety is transferred as follows: (4)(1) Enforcement Promulgation of laws and regulations relating to the size and the weights of motor vehicles, trailers, and loads as provided for in Article 2 of Chapter 6 of Title 32 shall be vested in the Department of Transportation; and administrative enforcement of such regulations and the law enforcement function of apprehending and citing violators of such laws and regulations are transferred to the Department of Public Safety, as well as the function of promulgating regulations relative to its enforcement function; (5)(2) Enforcement of laws and regulations relating to licensing and fuel tax registration requirements and the reporting of violations of said requirements to the state revenue commissioner is transferred to the Department of Public Safety;

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(6)(3) Administration and enforcement anywhere in the state of laws and regulations relating to certification of certain motor carriers, limousine carriers, and hazardous material carriers as provided for in Chapters 7 and 11 of Title 46 and limousine carriers is transferred to the Public Service Commission; (4) Responsibility for establishment of safety standards for motor vehicles and motor vehicle components is generally transferred to the Department of Public Safety except as may be specifically otherwise provided by law; (5) Administration of laws relating to hazardous materials carriers is transferred to the Department of Public Safety; (7)(6) Enforcement of all state laws but only on the following properties owned or controlled by the Department of Transportation or the State Road and Tollway Authority is transferred to the Department of Public Safety: rest areas, truck-weighing stations or checkpoints, wayside parks, parking facilities, toll facilities, and any buildings and grounds for public equipment and personnel used for or engaged in administration, construction, or maintenance of the public roads or research pertaining thereto; (8)(7) Enforcement of Code Section 16-10-24, relating to obstructing or hindering law enforcement officers, but only in those situations involving the obstruction or hindrance of enforcement officers designated by the department in their official duties is transferred to the Department of Public Safety; (9) Directing and controlling traffic on any public road which is part of the state highway system but only in areas where maintenance and construction activities are being performed and at scenes of accidents and emergencies until local police officers or Georgia State Patrol officers arrive and have the situation under control; (10)(8) Enforcement of Code Sections 32-9-4 and 40-6-54, relating to designation of restricted travel lanes is transferred to the Department of Public Safety; (11)(9) Enforcement of Code Section 16-11-43, relating to obstructing highways, streets, sidewalks, or other public passages, on any public road which is part of the state highway system is transferred to the Department of Public Safety; (12)(10) Enforcement of Code Section 16-7-43, relating to littering public or private property or waters, on any public road which is part of the state highway system is transferred to the Department of Public Safety; and (13)(11) Enforcement of Code Section 16-7-24, relating to interference with government property, on any public road which is part of the state highway system is transferred to the Department of Public Safety; and. (14) Enforcement of any state law when ordered to do so by the Governor. (b) In performance of the duties specified in subsection (a) of this Code section, certified law enforcement officers employed by the department or designated by the commissioner shall: (1) Be authorized to carry firearms; (2) Exercise arrest powers; (3) Have the power to stop, enter upon, and inspect all motor vehicles using the public highways for purposes of determining whether such vehicles have complied

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with and are complying with this chapter and other laws the administration or enforcement of which is the responsibility of the department; (4) Have the power to examine the facilities where motor vehicles are housed or maintained and the books and records of motor carriers for purposes of determining compliance with this chapter and other laws the administration or enforcement of which is the responsibility of the department; and (5) Exercise the powers generally authorized for law enforcement officers in the performance of the duties specified by this chapter or otherwise to the extent needed to protect any life or property when the circumstances demand action. (c)(b) In the performance of its duties, the department shall be required to comply with all applicable federal laws and rules and regulations and shall certify that the state is in compliance with all provisions and requirements of all applicable federal-aid acts and programs. (d) The commissioner shall authorize enforcement officers of the department to make use of dogs trained for the purpose of detection of drugs and controlled substances while such officers are engaged in the performance of their authorized duties. If such authorized use of such a dog indicates probable cause to indicate the presence of contraband, the officer or officers shall in those circumstances have the full authority of peace officers to enforce the provisions of Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled Substances Act,' and Article 3 of Chapter 13 of Title 16, the 'Dangerous Drug Act'; provided, however, that the department must immediately notify the local law enforcement agency and district attorney of the jurisdiction where a seizure is made.
40-16-2.1. Annual reports shall be provided to the General Assembly by the affected departments with respect to the reorganization provided for in Code Section 40-16-2 and with respect to other activities of the departments as follows:
(1) The Department of Driver Services shall provide an annual report which shall include, together with other information deemed pertinent by the department, service metrics clearly indicating the departments ability to meet public demand for its services; and (2) The Department of Public Safety shall provide an annual report which shall include, together with other information deemed pertinent by the department, the records of the department with respect to safety inspections and citations issued.
40-16-3. (a) The department shall be under the direction, control, and management of the Board of Motor Vehicle Safety Driver Services and the commissioner of motor vehicle safety driver services. The commissioner shall be appointed by and serve at the pleasure of the board.
(b)(1) The Board of Driver Services shall be a successor to and continuation of the Board of Motor Vehicle Safety and shall consist of nine members. Five members shall

FRIDAY, MARCH 11, 2005

1971

be appointed by the Governor and their terms shall expire as follows: two members on June 30, 2003, and June 30 of each sixth year thereafter; two members on June 30, 2005, and June 30 of each sixth year thereafter; and one member on June 30, 2007, and June 30 of each sixth year thereafter. Two members shall be appointed by the Lieutenant Governor and their terms shall expire as follows: one member on June 30, 2003, and June 30 of each sixth year thereafter and one member on June 30, 2006, and June 30 of each sixth year thereafter. Two members shall be appointed by the Speaker of the House and their terms shall expire as follows: one member on June 30, 2003, and June 30 of each sixth year thereafter and one member on June 30, 2006, and June 30 of each sixth year thereafter. All members except for the initial appointees shall serve for terms of six years and until their successors are appointed and qualified. (2) All members serving on the Board of Motor Vehicle Safety as of the time the 2005 amendment of this Code section becomes law shall continue to serve as members of the Board of Driver Services for the remainder of their original terms of office and shall if necessary hold over beyond the end of those terms until successors are appointed and qualified. (c) The Governor shall designate a member to serve as chairperson of the board. The chairpersons term as chairperson shall expire on June 30, 2003, and June 30 of each second year thereafter. The board may elect other officers from among its membership and may establish bylaws for the conduct of its business. (d) The members of the board shall receive no salary for their service on the board but any member who is not otherwise a state officer or employee shall receive a per diem expense allowance as provided in subsection (b) of Code Section 45-7-21. (e) The board shall be the general policy-making body for the Department of Motor Vehicle Safety Driver Services; and the commissioner shall be the chief executive officer of the department, subject to the policies established by the board. All rules and regulations promulgated by the commissioner must be approved by the board before they take effect. (f) The commissioner shall receive an annual salary to be set by the board which shall be his or her total compensation for services as commissioner. The commissioner shall be reimbursed for all actual and necessary expenses incurred by him or her in carrying out his or her official duties. (g) The commissioner shall take and subscribe before the board an oath to discharge faithfully and impartially the duties of such office, which oath shall be in addition to the oath required of all civil officers.
40-16-4. (a) The commissioner shall establish such units within the department as he or she deems proper for its administration and shall designate persons to be directors and assistant directors of such units to exercise such authority as he or she may delegate to them in writing.

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(b) The commissioner shall have the authority to employ as many persons as he or she deems necessary for the administration of the department and for the discharge of the duties of his or her office. He or she shall issue all necessary directions, instructions, orders, and rules applicable to such persons. He or she shall have authority, as he or she deems proper, to employ, assign, compensate, and discharge employees of the department within the limitations of the departments appropriation and the restrictions set forth by law. (c) All employees of the department shall be compensated upon a fixed salary basis and no person shall be compensated for services to the department on a commission or contingent fee basis. (d) Neither the commissioner nor any officer or employee of the department shall be given or receive any fee, compensation, loan, gift, or other thing of value in addition to the compensation and expense allowance provided by law for any service or pretended service either rendered or to be rendered as commissioner or as an officer or employee of the department. (e) The commissioner shall delegate to such officers and employees of the department as he or she may designate the law enforcement powers and duties of the department as set out in Code Section 40-16-2. All officers and employees to whom such law enforcement powers and duties are delegated must be certified by the Georgia Peace Officer Standards and Training Council as having successfully completed the course of training required by Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act.' have the authority to appoint and employ 15 nonuniformed investigators who shall be certified peace officers pursuant to the provisions of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act.' The investigators shall have full arrest powers in cases involving internal affairs of the department and in cases involving fraud in applications for or the issuance of any license, permit, certificate, registration, title, or other credential within the jurisdiction of the department. In such cases, the investigators shall be authorized:
(1) To investigate Department of Driver Services related crimes committed anywhere in the state; (2) To arrest any person violating the criminal laws of this state; (3) To serve and execute warrants after notifying the law enforcement agency of the local jurisdiction of the intent to serve such warrant or warrants; (4) To enforce in general the criminal laws of this state; and (5) To carry firearms while performing their duties.
40-16-5. (a) Subject to approval by the board, the commissioner shall have the power to make and publish reasonable rules and regulations not inconsistent with this title or other laws or with the Constitution of this state or of the United States for the administration of this chapter or any law which it is his or her duty to administer.

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(b) The commissioner may prescribe forms as he or she deems necessary for the administration and enforcement of this chapter or any law which it is his or her duty to administer. (c) The authority granted to the commissioner pursuant to this Code section shall be exercised at all times in conformity with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; provided, however, that regulations governing motor common carrier and motor contract carrier safety, commercial driver licensing, and hazardous materials may be adopted by administrative order referencing compatible federal regulations or standards without compliance with the procedural requirements of Chapter 13 of Title 50; provided, further, that such compatible federal regulations or standards shall be maintained on file by the department and made available for inspection and copying by the public, by means including but limited to posting on the departments computer Internet site. (d) Rules and regulations previously adopted which relate to functions performed by the Department of Driver Services shall remain of full force and effect as rules and regulations of the Department of Driver Services until amended, repealed, or superseded by rules or regulations adopted by the commissioner of driver services. The following rules and regulations shall remain of full force and effect as rules and regulations of the Department of Motor Vehicle Safety referenced department until amended, repealed, or superseded by rules or regulations adopted by the commissioner of motor vehicle safety referenced department:
(1) All rules and regulations previously adopted by the Department of Transportation or the State Transportation Board or the commissioner of transportation which relate to functions transferred under this chapter from to the Department of Transportation to from the Department of Motor Vehicle Safety; (2) All rules and regulations previously adopted by the Public Service Commission which relate to functions transferred under this chapter from to the Public Service Commission to from the Department of Motor Vehicle Safety; (3) All rules and regulations previously adopted by the Department of Public Safety or the commissioner of public safety which relate to functions transferred under this chapter from to the Department of Public Safety to from the Department of Motor Vehicle Safety; and (4) All rules and regulations previously adopted by the Department of Revenue or the state revenue commissioner which relate to functions transferred under this chapter from to the Department of Revenue to from the Department of Motor Vehicle Safety; and (5) All rules and regulations previously adopted which relate to functions transferred under this chapter from the Department of Human Resources to the Department of Driver Services. (e) All valid licenses, permits, certificates, and similar authorizations previously issued by the Department of Transportation, the Public Service Commission, the Department of Public Safety, and the Department of Revenue under laws to be administered by the Department of Motor Vehicle Safety any department or agency with respect to any

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function transferred as provided in this chapter shall continue in effect until the same expire by their terms unless they are suspended, revoked, or otherwise made ineffective as provided by law.
40-16-5.1. (a) Except as otherwise provided in subsection (b) of this Code section, no department motor vehicles shall be used by any certified law enforcement officers investigators employed by the department except in the discharge of official duties. Any other equipment shall be used only with the express written approval of the commissioner. (b) The commissioner shall may adopt rules and regulations governing the use of equipment. The commissioner may adopt rules and regulations pursuant to which investigators (b)(1) Certified law enforcement officers employed by the department may use a department motor vehicle while working an approved off-duty job, provided that: any such use shall comply with such conditions as may be imposed by the commissioner, which conditions shall include but shall not be limited to a finding of public benefit and reimbursement to the department by the employer or employee for use of the vehicle.
(A) The off-duty employment is of a general nature that is the subject of a contract between the off-duty employer and the department and is service in which the use of the department motor vehicle is a benefit to the department or is in furtherance of the departments mission; (B) The off-duty employer agrees to pay and does pay to the department an amount determined by the commissioner to be sufficient to reimburse the department for the use of the vehicle and to pay the off-duty employee sufficient compensation. Pursuant to such contract, the department shall pay the employee of the department the compensation earned on off-duty employment whenever such employee performs such service in a department motor vehicle; and (C) The commissioner has specifically approved, in writing, the individual use of the vehicle by the employee. (2)(c) At no time will an off-duty employee be allowed use of a department motor vehicle at any political function of any kind.
40-16-6. (a) The To the extent specifically authorized by law, the commissioner may pursuant to rule or regulation specify and impose civil monetary penalties for violations of laws, rules, and regulations administered by the commissioner. Except as may be hereafter authorized by law, the maximum amount of any such monetary penalty shall not exceed the maximum penalty authorized by law or rule or regulation for the same violation immediately prior to July 1, 2001 2005. (b) All proceedings for the imposition of civil monetary penalties by the commissioner and other contested cases to be decided by or under authority of the commissioner shall be subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' All such administrative proceedings which are pending on July 1, 2001 2005, under laws

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1975

the administration of which is transferred to from the commissioner of motor vehicle safety to another enforcement agency shall be transferred to the jurisdiction of the commissioner such other enforcement agency as of July 1, 2001 2005. (c) The enactment amendment of this chapter and the Act by which it is enacted amended shall not affect or abate the status as a crime of any act or omission which occurred prior to July 1, 2001 2005, nor shall the prosecution of such crime be abated as a result of such enactment amendment.
(d)(1) As used in this subsection, the term 'anhydrous ammonia' means any substance identified to contain the compound ammonia which is capable of being utilized in the production of methamphetamine or any other controlled substance. (2) Any person, firm, or corporation transporting methamphetamine, amphetamine, any mixture containing either methamphetamine or amphetamine, anhydrous ammonia, or any mixture containing anhydrous ammonia shall be subject to all rules and regulations promulgated by the commissioner pursuant to Code Section 46-7-26 governing the safe operation of motor vehicles and drivers and the safe transportation of hazardous materials. (3) Notwithstanding the provisions of subsection (a) of this Code section, the commissioner may impose civil monetary penalties in an amount not to exceed $25,000.00 for each violation of any rules and regulations promulgated pursuant to Code Section 46-7-26 with respect to persons transporting methamphetamine, amphetamine, any mixture containing either methamphetamine or amphetamine, anhydrous ammonia, or any mixture containing anhydrous ammonia.
40-16-7. (a) The department shall be a budget unit to which funds may be appropriated as provided in the 'Budget Act,' Part 1 of Article 4 of Chapter 12 of Title 45. The department shall be an independent and distinct department of state government. The duties of the department shall be performed by that department and not by any other agency of state government, and the department shall not perform the duties of any other agency of state government. The position of commissioner of motor vehicle safety driver services shall be a separate and distinct position from any other position in state government. The duties of the commissioner shall be performed by the commissioner and not by any other officer of state government, and the commissioner shall not perform the duties of any other officer of state government. (b) Appropriations to the Department of Revenue, the Department of Public Safety, the Department of Transportation, and the Public Service Commission for functions transferred to and from the Department of Motor Vehicle Safety pursuant to this chapter and other departments may be transferred to the Department of Motor Vehicle Safety and from such departments as provided for in Code Section 45-12-90, relating to disposition of appropriations for duties, purposes, and objects which have been transferred. Personnel, equipment, and facilities previously employed by the Department of Revenue, the Department of Public Safety, the Department of Transportation, and the Public Service Commission for such transferred functions shall

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likewise be transferred to the Department of Motor Vehicle Safety appropriate departments. Contracts relating to functions transferred to and from the Department of Motor Vehicle Safety and other departments, and any rights of renewal under such contracts, shall also be transferred to the appropriate departments. Any disagreement between such departments as to any such transfers shall be determined by the Governor. (c) Except as specifically provided otherwise by law, all fines and forfeitures collected for criminal violations cited by the departments enforcement officers investigators shall, after deduction from the total fine or forfeiture of the amounts due the Peace Officers Annuity and Benefit Fund and the Sheriffs Retirement Fund of Georgia and any other deductions specified by law, be paid by the clerk of the court into the fine and forfeiture fund of the county treasurer in the same manner and subject to the same rules of distribution as other fines and forfeitures."
PART II Amendments to Code Section 3-3-23.1.
Alcoholic beverage offenses. SECTION 2-1.
Code Section 3-3-23.1, relating to punishment for offenses involving furnishing alcoholic beverages to, and purchasing, attempting to purchase, and possession of alcoholic beverages by, a person under 21 years of age, is amended by striking subsection (f) and inserting in its place a new subsection to read as follows:
"(f) In addition to any other punishment or sentence, the court may order all persons convicted under subsection (b) of this Code section or sentenced under subsection (c) of this Code section to complete a DUI Alcohol or Drug Use Risk Reduction Program prescribed by the Department of Human Resources Driver Services within 120 days of such conviction or sentence. Failure to complete such program within 120 days shall be contempt of court and shall be punished by a fine of not more than $300.00 or 20 days imprisonment, or both. If the conviction or sentence results from a charge of unlawful possession of alcoholic beverages while operating a motor vehicle, the court shall report such conviction or sentence to the Department of Motor Vehicle Safety Driver Services within ten days after conviction or sentencing."
PART III Amendments to Article 2 of Chapter 8-2. Factory built buildings and dwelling units.
SECTION 3-1.
Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, is amended by striking Part 4, relating to manufactured or mobile homes, and inserting in its place a new part to read as follows:
"Part 4 Subpart 1

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8-2-180. As used in this part, the term:
(1) 'Clerk of superior court' means the clerk of the superior court of the county in which the property to which the home is or is to be affixed is located. (2) 'Commissioner of motor vehicle safety' means the commissioner of driver services and includes any county tax commissioner when so authorized by the commissioner of motor vehicle safety to act on his or her behalf in carrying out the responsibilities of this part. (3) 'Home' means a manufactured home or mobile home. (4) 'Manufactured home' has the meaning specified in paragraph (4) of Code Section 8-2-160. (5) 'Mobile home' has the meaning specified in paragraph (6) of Code Section 8-2160.
8-2-181. (a) A manufactured home or mobile home shall constitute personal property and shall be subject to the 'Motor Vehicle Certificate of Title Act,' Chapter 3 of Title 40, until such time as the home is converted to real property as provided for in this part. (b) A manufactured home or mobile home shall become real property if:
(1) The home is or is to be permanently affixed on real property and one or more persons with an ownership interest in the home also has an ownership interest in such real property; and (2) The owner of the home and the holders of all security interests therein execute and file a Certificate of Permanent Location:
(A) In the real estate records of the county where the real property is located; and (B) With the commissioner of motor vehicle safety. (c) The Certificate of Permanent Location shall be in a form prescribed by the commissioner of motor vehicle safety and shall include: (1) The name and address of the owner of the home; (2) The names and addresses of the holders of any security interest in and of any lien upon the home; (3) The title number assigned to the home; (4) A description of the real estate on which the home is or is to be located, including the name of the owner and a reference by deed book and page number to the chain of title of such real property; and (5) Any other data the commissioner of motor vehicle safety prescribes.
8-2-182. (a) When a Certificate of Permanent Location is properly filed with the clerk of superior court, the clerk shall record such certificate in the same manner as other instruments affecting the real property described in the certificate and shall charge and collect the fees usually charged for recording deeds and other instruments relating to real estate. Such certificate shall be indexed under the name of the current owner of the

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real property in both the grantor and grantee indexes. The clerk shall provide the owner with a certified copy of the certificate, reflecting its filing, and shall charge and collect the fees usually charged for the provision of certified copies of documents relating to real estate. (b) Upon receipt of a certified copy of a properly executed Certificate of Permanent Location, along with the certificate of title, the commissioner of motor vehicle safety shall file and retain a copy of such certificate together with all other prior title records related to the home. When a properly executed certificate has once been filed, the commissioner of motor vehicle safety shall accept no further title filings with respect to that home, except as may be necessary to correct any errors in the departments records and except as provided in Subparts 2 and 3 of this part. (c) When a Certificate of Permanent Location is so filed, the commissioner of motor vehicle safety shall issue to the clerk of the superior court with whom the original Certificate of Permanent Location was filed confirmation by the commissioner of motor vehicle safety that the certificate has been so filed and the certificate of title has been surrendered. (d) Upon receipt of confirmation of the filing of the Certificate of Permanent Location from the commissioner of motor vehicle safety, the clerk of superior court shall provide a copy of the Certificate of Permanent Location to the appropriate board of tax assessors or such other local official as is responsible for the valuation of real property.
8-2-183. (a) When a Certificate of Permanent Location has been properly filed with the clerk of superior court, a certified copy thereof properly filed with the commissioner of motor vehicle safety, and the certificate of title is surrendered, the home shall become for all legal purposes a part of the real property on which it is located. Without limiting the generality of the foregoing, the home shall be subject to transfer by the owner of the real property, subject to any security interest in the real property and subject to foreclosure of any such interest, in the same manner as and together with the underlying real property. (b) When a home has become a part of the real property as provided in this part, it shall be unlawful for any person to remove such home from the real property except with the written consent of the owner of the real property and the holders of all security interests in the real property and in strict compliance with the requirements of Subpart 2 of this part. Any person who violates this subsection shall be guilty of a misdemeanor of a high and aggravated nature.
Subpart 2
8-2-184. (a) A home which has previously become real property shall become personal property if:

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(1) The manufactured home or mobile home is or is to be removed from the real property with the written consent of the owner of the real property and the holders of all security interests therein; and (2) The owner of the real property and the holders of all security interests therein execute and file a Certificate of Removal from Permanent Location:
(A) With the commissioner of motor vehicle safety; and (B) In the real estate records of the county where the real property is located. (b) The Certificate of Removal from Permanent Location shall be in a form prescribed by the commissioner of motor vehicle safety and shall include: (1) The name and address of the owner; (2) The names and addresses of the holders of any security interest and of any lien; (3) The title number formerly assigned to the home; (4) A description of the real estate on which the home was previously located, including the name of the owner and a reference by deed book and page number to the recording of the former certificate of permanent location; and (5) Any other data the commissioner of motor vehicle safety prescribes.
8-2-185. (a) Upon receipt of a properly executed Certificate of Removal from Permanent Location, the commissioner of motor vehicle safety shall file and retain a copy of such certificate together with all other prior title records related to the home and may thereafter issue a new certificate of title for the home. The commissioner of motor vehicle safety shall charge and collect the fee otherwise prescribed by law for the issuance of a certificate of title. (b) When a Certificate of Removal from Permanent Location is so filed, the commissioner of motor vehicle safety shall return to the filing party the original of the certificate containing thereon confirmation by the commissioner of motor vehicle safety that the certificate has been so filed.
8-2-186. (a) The clerk of superior court shall not accept a Certificate of Removal from Permanent Location for filing unless the certificate contains thereon the confirmation by the commissioner of motor vehicle safety that the certificate has been filed with the commissioner of motor vehicle safety. (b) When a Certificate of Removal from Permanent Location is properly filed with the clerk of superior court, the clerk shall record such certificate in the same manner as other instruments affecting the real property described in the certificate and shall charge and collect the fees usually charged for recording deeds and other instruments relating to real estate. Such certificate shall be indexed under the name of the current owner of the real property in both the grantor and grantee indexes.
Subpart 3

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8-2-187. (a) When a home which has previously become real property has been or is to be destroyed, the owner of the real property and the holders of all security interests therein shall execute and file a Certificate of Destruction:
(1) With the commissioner of motor vehicle safety; and (2) In the real estate records of the county where the real property is located. (b) The Certificate of Destruction shall be in a form prescribed by the commissioner of motor vehicle safety and shall include: (1) The name and address of the owner; (2) The names and addresses of the holders of any security interest and of any lien; (3) The title number formerly assigned to the home; (4) A description of the real estate on which the home was previously located, including the name of the owner and a reference by deed book and page number to the recording of the former certificate of permanent location; (5) Verification of the destruction by a law enforcement officer; and (6) Any other data the commissioner of motor vehicle safety prescribes.
8-2-188. (a) Upon receipt of a properly executed Certificate of Destruction, the commissioner of motor vehicle safety shall file and retain a copy of such certificate together with all other prior title records related to the home. (b) When a Certificate of Destruction is so filed, the commissioner of motor vehicle safety shall issue to the filing party the original of the certificate containing thereon confirmation by the commissioner of motor vehicle safety that the certificate has been so filed.
8-2-189. (a) The clerk of superior court shall not accept a Certificate of Destruction for filing unless the certificate contains thereon the confirmation by the commissioner of motor vehicle safety that the certificate has been filed with the commissioner of motor vehicle safety. (b) When a Certificate of Destruction is properly filed with the clerk of superior court, the clerk shall record such certificate in the same manner as other instruments affecting the real property described in the certificate and shall charge and collect the fees usually charged for recording deeds and other instruments relating to real estate. Such certificate shall be indexed under the name of the current owner of the real property in both the grantor and grantee indexes.
Subpart 4
8-2-190. A manufactured or mobile home which constitutes real property shall not be subject to Article 10 of Chapter 5 of Title 48 but shall instead be taxed as real property and a part of the underlying real estate.

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8-2-191. The commissioner of motor vehicle safety shall charge a fee of $18.00 for any filing under this part."
PART IV Amendments to Title 10.
Commerce and trade. SECTION 4-1.
Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended in Code Section 10-1-350, relating to definitions applicable to secondary metals recyclers, by striking paragraph (5) and inserting in its place a new paragraph to read as follows:
"(5) 'Personal identification card' means a drivers license or identification card issued by the Department of Motor Vehicle Safety Driver Services or a similar card issued by another state, a military identification card, a passport, or an appropriate work authorization issued by the United States Immigration and Naturalization Service U.S. Citizenship and Immigration Services of the Department of Homeland Security."
SECTION 4-2. Said Title 10 is further amended in Code Section 10-1-393, relating to prohibited unfair or deceptive practices in consumer transactions, by striking paragraph (28) of subsection (b) and inserting in its place a new paragraph to read as follows:
"(28) Any violation of the rules and regulations promulgated by the Department of Human Resources Driver Services pursuant to subsection (e) of Code Section 40-5-83 which relates to the consumer transactions and business practices of DUI Alcohol or Drug Use Risk Reduction Programs, except that the Department of Human Resources Driver Services shall retain primary jurisdiction over such complaints;".
SECTION 4-3. Said Title 10 is further amended in Code Section 10-1-645, relating to warranty reimbursement policies under the "Georgia Motor Vehicle Franchise Practices Act," by striking subsection (d) and inserting in its place a new subsection to read as follows:
"(d) If a franchisor contracts with its dealers, the franchisor shall certify under oath to the Department of Motor Vehicle Safety Driver Services that a majority of the dealers of that line make did agree to such an agreement and file a sample copy of the agreement. On an annual basis, each dealer shall certify under oath to the department that the reimbursement costs it recovers under subparagraph (c)(2)(A) of this Code section do not exceed the amounts authorized by subparagraph (c)(2)(A) of this Code section. The franchisor shall maintain for a period of three years a file that contains the information upon which its certification is based."

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SECTION 4-4. Said Title 10 is further amended by striking Code Sections 10-1-665, 10-1-666, and 10-1667, relating to respectively to definitions, enforcement, and administrative review under the "Georgia Motor Vehicle Franchise Practices Act," and inserting in their place new Code sections to read as follows:
"10-1-665. As used in this part, the term:
(1) 'Commissioner' means the commissioner of motor vehicle safety driver services. (2) 'Department' means the Department of Motor Vehicle Safety Driver Services.
10-1-666. As an alternative to and in addition to any civil or criminal enforcement of this article, the commissioner of motor vehicle safety driver services by and through the Department of Motor Vehicle Safety Driver Services is authorized to enforce the provisions of this article and any order issued pursuant to the enforcement of this article.
10-1-667. Any dealer, distributor, or manufacturer who is aggrieved by a violation of any provision of this article may file a petition with the Department of Motor Vehicle Safety Driver Services setting forth the facts supporting the allegation of such violation. The commissioner shall issue an administrative order, whenever the commissioner, after notice to all parties and after a hearing, determines that a violation of this article or any order issued under this article has occurred. The notice and the hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any party who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The commissioner or the prevailing party may file, in the superior court in the county wherein the party under order resides or, if such party is a corporation, in the county wherein the corporation maintains its established place of business or its agent for service of process is located, or in the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The remedy prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available under the laws of this state."

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1983

PART V Amendments to Title 15.
Courts. SECTION 5-1.
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Code Section 15-11-66, relating to disposition of delinquent children in juvenile court proceedings, by striking subsection (b) and inserting in its place a new subsection to read as follows:
"(b) At the conclusion of the dispositional hearing provided in subsection (a) of Code Section 15-11-65, if the child is found to have committed a delinquent act, the court may, in addition to any other treatment or rehabilitation, suspend the drivers license of such child for any period not to exceed the date on which the child becomes 18 years of age or, in the case of a child who does not have a drivers license, prohibit the issuance of a drivers license to such child for any period not to exceed the date on which the child becomes 18 years of age. The court shall retain the drivers license for a period of suspension and return it to the offender at the end of such period. The court shall notify the Department of Motor Vehicle Safety Driver Services of any such actions taken pursuant to this subsection. If the child is adjudicated for the commission of a delinquent act, the court may in its discretion, in addition to any other treatment or rehabilitation, order the child to serve up to a maximum of 90 days in a youth development center, or after assessment and with the courts approval, in a treatment program provided by the Department of Juvenile Justice or the juvenile court."
SECTION 5-2. Said Title 15 is further amended in Code Section 15-11-73, relating to juvenile traffic offenses, by striking subsections (g) and (j) and inserting in their respective places new subsections to read as follows:
"(g) Disposition. If the court finds on the admission of the child or upon the evidence that the child committed the offense charged, it may make one or more of the following orders:
(1) Reprimand, counsel, or warn the child and the childs parents; provided, however, that this dispositional order is not available for any offense listed in subsection (c) of this Code section; (2) As a matter of probation or if the child is committed to the custody of the state, order the Department of Motor Vehicle Safety Driver Services to suspend the childs privilege to drive under stated conditions and limitations for a period not to exceed 12 months; (3) Require the child to attend a traffic school conducted approved by the Department of Motor Vehicle Safety Driver Services or a substance abuse clinic or program approved by either the Department of Human Resources or the Council of Juvenile Court Judges for a reasonable period of time;

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(4) Order the child to remit to the general fund of the county a sum not exceeding the maximum applicable to an adult for a like offense; (5) Require the child to participate in a program of community service as specified by the court; (6) Impose any sanction authorized by Code Section 15-11-66, 15-11-67, or 15-1168; or (7) Place the child on probation subject to the conditions and limitations imposed by Title 40 on probation granted to adults for like offenses, but such probation shall be supervised by the court as provided in Code Section 15-11-66." "(j) Reporting procedure. Upon finding that the child has committed a juvenile traffic offense or a delinquent offense which would be a violation of Title 40 if committed by an adult, the court shall forward, within ten days, a report of the final adjudication and disposition of the charge to the Department of Motor Vehicle Safety Driver Services; provided, however, that this procedure shall not be applicable to those cases which have been dismissed or in which the child and the childs parents have been reprimanded, counseled, or warned by the court pursuant to paragraph (1) of subsection (g) of this Code section. The Department of Motor Vehicle Safety Driver Services shall record the adjudication and disposition of the offense on the childs permanent record and such adjudication and disposition shall be deemed a conviction for the purpose of suspending or revoking the individuals drivers license. Such record shall also be available to law enforcement agencies and courts as are the permanent traffic records of adults."
SECTION 5-3. Said Title 15 is further amended Code Section 15-12-40, relating to compilation, maintenance, and revision of jury lists, by striking paragraph (1) of subsection (a) and inserting in its place a new paragraph to read as follows:
"(1) At least biennially, unless otherwise directed by the chief judge of the superior court, the board of jury commissioners shall compile, maintain, and revise a trial jury list of upright and intelligent citizens of the county to serve as trial jurors and a grand jury list of the most experienced, intelligent, and upright citizens of the county to serve as grand jurors. In composing the trial jury list, the board of jury commissioners shall select a fairly representative cross section of the intelligent and upright citizens of the county. In composing the grand jury list, the board of jury commissioners shall select a fairly representative cross section of the most experienced, intelligent, and upright citizens of the county. In carrying out revisions of the trial jury list and grand jury list on or after July 1, 2002, the board of jury commissioners shall make use of all of the following:
(A) A list of all residents of the county who are the holders of drivers licenses or personal identification cards issued by the Department of Motor Vehicle Safety Driver Services pursuant to the provisions of Chapter 5 of Title 40; and the Department of Motor Vehicle Safety Driver Services shall periodically make such a list available to the board of jury commissioners of each county; (B) The registered voters list in the county; and

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1985

(C) Any other list of persons resident in the county as may be deemed appropriate by the board of jury commissioners. The Department of Motor Vehicle Safety Driver Services shall provide a list, which includes the name, address, date of birth, gender, drivers license or personal identification card number issued pursuant to the provisions of Chapter 5 of Title 40, and, whenever racial and ethnic information is collected by the Department of Motor Vehicle Safety Driver Services for purposes of voter registration pursuant to Code Section 21-2-221, racial and ethnic information, to the board of jury commissioners of each county. No jury list compiled prior to July 1, 2002, shall be rendered invalid by the use of or a failure to make use of the sources specified in this Code section; but each revision of the jury list on or after that date shall make use of all such sources to the extent actually available to the board of jury commissioners."
PART VI Amendments to Article 4 of Chapter 16-8.
Motor vehicle chop shops. SECTION 6-1.
Article 4 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to motor vehicle chop shops, is amended in Code Section 16-8-82, relating to definitions applicable to said article, by striking paragraph (5) and inserting in its place a new paragraph to read as follows:
"(5) 'Vehicle identification number' includes, but is not limited to, a number or numbers, a letter or letters, a character or characters, a datum or data, a derivative or derivatives, or a combination or combinations thereof, used by the manufacturer or the Department of Motor Vehicle Safety Driver Services for the purpose of uniquely identifying a motor vehicle or motor vehicle part."
SECTION 6-2. Said Article 4 of Chapter 8 of Title 16 is further amended in Code Section 16-8-85, relating to forfeiture of seized property, by striking paragraph (2) of subsection (f) and subsections (k), (l), and (r) and inserting in their respective places a new paragraph and subsections to read as follows:
"(2) The prosecutor shall give notice of the forfeiture proceeding by mailing a copy of the complaint in the forfeiture proceeding to each person whose right, title, or interest is of record in the Department of Motor Vehicle Safety Driver Services, the Department of Transportation, the Federal Aviation Agency, or any other department or agency of this state, any other state or territory of the United States, or of the federal government if such property is required to be registered with any such department or agency." "(k) No motor vehicle or motor vehicle part shall be forfeited under this Code section solely on the basis that it is unidentifiable. Instead of forfeiture, any seized motor vehicle or motor vehicle part which is unidentifiable shall be the subject of a written

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report sent by the seizing agency to the Department of Motor Vehicle Safety Driver Services, which report shall include a description of the motor vehicle or motor vehicle part, including its color, if any; the date, time, and place of its seizure; the name of the person from whose possession or control it was seized; the grounds for its seizure; and the location where the same is held or stored. (l) When a seized unidentifiable motor vehicle or motor vehicle part has been held for 60 days or more after the notice to the Department of Motor Vehicle Safety Driver Services specified in subsection (k) of this Code section has been given, the seizing agency, or its agent, shall cause the motor vehicle or motor vehicle part to be sold at a public sale to the highest bidder. Notice of the time and place of sale shall be posted in a conspicuous place for at least 30 days prior to the sale on the premises where the motor vehicle or motor vehicle part has been stored." "(r) When an applicant for a certificate of title or salvage certificate of title presents to the Department of Motor Vehicle Safety Driver Services proof that the applicant purchased or acquired a motor vehicle at public sale conducted pursuant to this Code section and such fact is attested to by the seizing agency, the Department of Motor Vehicle Safety Driver Services shall issue a certificate of title or a salvage certificate of title, as determined by the commissioner of motor vehicle safety driver services, for such motor vehicle upon receipt of the statutory fee, a properly executed application for a certificate of title or other certificate of ownership, and the affidavit of the seizing agency that a state assigned number was applied for and affixed to the motor vehicle prior to the time that the motor vehicle was released by the seizing agency to the purchaser."
PART VII Amendments to Title 17.
Criminal procedure. SECTION 7-1.
Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended in Code Section 17-5-50, relating to handling and disposition of seized property, by striking paragraph (2) of subsection (b) and inserting in its place a new paragraph to read as follows:
"(2) If the person from whom custody of the property was taken fails to assert a claim to such property, upon any applicant furnishing satisfactory proof of ownership of such property and presentation of proper personal identification, the person in charge of the property section may deliver such property to the applicant. The person to whom property is delivered shall sign, under penalty of false swearing, a declaration of ownership, which shall be retained by the person in charge of the property section. Such declaration, absent any other proof of ownership, shall be deemed satisfactory proof of ownership for the purposes of this Code section; provided, however, that, in the case of motor vehicles, trailers, tractors, or motorcycles which are required to be registered with the commissioner of motor vehicle safety driver services, any such

FRIDAY, MARCH 11, 2005

1987

stolen vehicle shall be returned to the person evidencing ownership of such vehicle through a certificate of title, tag receipt, bill of sale, or other such evidence. The stolen vehicle shall be returned to the person evidencing ownership within two days after such person makes application for the return of such vehicle unless a hearing on the ownership of such vehicle is required under this Code section or unless law enforcement needs the stolen vehicle for further criminal investigation purposes. Prior to such delivery, such person in charge of the property section shall make and retain a complete photographic record of such property. Such delivery shall be without prejudice to the state or to the person from whom custody of the property was taken or to any other person who may have a claim against the property."
SECTION 7-2. Said Title 17 is further amended in Code Section 17-6-2, relating to bail in misdemeanor cases, by striking paragraphs (3) and (4) of subsection (a) and inserting in their place new paragraphs to read as follows:
"(3) A failure to appear by the individual who has been charged with a misdemeanor offense and who posted that individuals license as bail pursuant to this subsection shall, by operation of law, cause that individuals license to be suspended by the Department of Motor Vehicle Safety Driver Services effective immediately, and the clerk of the court within five days after that failure to appear shall forward a copy of the agreement to the Department of Motor Vehicle Safety Driver Services which shall enter the suspension upon the individuals driver history record. The posting of a license as provided in this subsection shall also be considered as bail for the purposes of Code Section 16-10-51. Where the original court date has been continued by the judge, clerk, or other officer of the court and there has been actual notice given to the defendant in open court or in writing by a court official or officer of the court or by mailing such notice to the defendants last known address, then the provisions of this paragraph shall apply to the new court appearance date. (4) A license suspended pursuant to this subsection shall only be reinstated when the individual shall pay to the Department of Motor Vehicle Safety Driver Services a restoration fee of $25.00 together with a certified notice from the clerk of the originating court that the case has either been disposed of or has been rescheduled and a deposit of sufficient collateral approved by the sheriff of the county wherein the charges were made in an amount to satisfy the original bail amount has been paid. The court wherein the charges are pending shall be authorized to require payment of costs by the defendant in an amount not to exceed $100.00 to reschedule the case."
SECTION 7-3. Said Title 17 is further amended by striking Code Section 17-6-11, relating to display of drivers license in lieu of bail, and inserting in its place a new Code section to read as follows:
"17-6-11.

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(a) Any other laws to the contrary notwithstanding, any person who is apprehended by an officer for the violation of the laws of this state or ordinances relating to: (1) traffic, including any offense under Code Section 40-5-72 or 40-6-10, but excepting any other offense for which a license may be suspended for a first offense by the commissioner of motor vehicle safety driver services, any offense covered under Code Section 40-5-54, or any offense covered under Article 15 of Chapter 6 of Title 40; (2) the licensing and registration of motor vehicles and operators; (3) the width, height, and length of vehicles and loads; (4) motor common carriers and motor contract carriers; or (5) road taxes on motor carriers as provided in Article 2 of Chapter 9 of Title 48 upon being served with the official summons issued by such apprehending officer, in lieu of being immediately brought before the proper magistrate, recorder, or other judicial officer to enter into a formal recognizance or make direct the deposit of a proper sum of money in lieu of a recognizance ordering incarceration, may display his or her drivers license to the apprehending officer in lieu of bail, in lieu of entering into a recognizance for his or her appearance for trial as set in the aforesaid summons, or in lieu of being incarcerated by the apprehending officer and held for further action by the appropriate judicial officer. The apprehending officer shall note the drivers license number on the official summons. The summons duly served as provided in this Code section shall give the judicial officer jurisdiction to dispose of the matter. (b) Upon display of the drivers license, the apprehending officer shall release the person so charged for his or her further appearance before the proper judicial officer as required by the summons. The court in which the charges are lodged shall immediately forward to the Department of Motor Vehicle Safety Driver Services of this state the drivers license number if the person fails to appear and answer to the charge against him or her. The commissioner of motor vehicle safety driver services shall, upon receipt of a license number forwarded by the court, suspend the drivers license and driving privilege of the defaulting person until notified by the court that the charge against the person has been finally adjudicated. Such persons license shall be reinstated if the person submits proof of payment of the fine from the court of jurisdiction and pays to the Department of Motor Vehicle Safety Driver Services a restoration fee of $35.00 $50.00 or $25.00 when such reinstatement is processed by mail. (b.1) It shall be the duty of a law enforcement officer or emergency medical technician responding to the scene of any motor vehicle accident or other accident involving a fatal injury to examine immediately the drivers license of the victim to determine the victims wishes concerning organ donation. If the victim has indicated that he or she wishes to be an organ donor, it shall be the duty of such law enforcement officer or emergency medical technician to take appropriate action to ensure, if possible, that the victims organs shall not be imperiled by delay in verification by the donors next of kin. (c) Nothing in this Code section bars any law enforcement officer from arresting or from seizing the drivers license of any individual possessing a fraudulent license or a

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1989

suspended license or operating a motor vehicle while his or her license is suspended, outside the scope of a driving permit, or without a license. (d) The commissioner of motor vehicle safety driver services shall be authorized to promulgate reasonable rules and regulations to carry out the purposes of this Code section and to establish agreements with other states whereby a valid license from that state may be accepted for purposes of this Code section."
SECTION 7-4. Said Title 17 is further amended in Code Section 17-10-3, relating to punishment for misdemeanors, by striking subsections (d) and (e) and inserting in their place new subsections to read as follows:
"(d) In addition to or instead of any other penalty provided for the punishment of a misdemeanor involving a traffic offense, or punishment of a municipal ordinance involving a traffic offense, with the exception of habitual offenders sentenced under Code Section 17-10-7, a judge may impose any one or more of the following sentences:
(1) Reexamination by the Department of Motor Vehicle Safety Driver Services when the judge has good cause to believe that the convicted licensed driver is incompetent or otherwise not qualified to be licensed; (2) Attendance at, and satisfactory completion of, a driver improvement course meeting standards approved by the court; (3) Within the limits of the authority of the charter powers of a municipality or the punishment prescribed by law in other courts, imprisonment at times specified by the court or release from imprisonment upon such conditions and at such times as may be specified; or (4) Probation or suspension of all or any part of a penalty upon such terms and conditions as may be prescribed by the judge. The conditions may include driving with no further motor vehicle violations during a specified time unless the driving privileges have been or will be otherwise suspended or revoked by law; reporting periodically to the court or a specified agency; and performing, or refraining from performing, such acts as may be ordered by the judge. (e) Any sentence imposed under subsection (d) of this Code section shall be reported to the Department of Motor Vehicle Safety Driver Services as prescribed by law."
PART VIII Amendments to Chapter 19-11.
Child support enforcement. SECTION 8-1.
Chapter 11 of Title 19, relating enforcement of duty of support, is amended in Code Section 19-11-9.1, relating to information used for support enforcement purposes, by striking subsection (a.1) and inserting in its place a new subsection to read as follows:
"(a.1)(1) In accordance with the mandate contained in 42 U.S.C. Section 666(a)(13)(A) and notwithstanding any provision of Title 40 relating to motor

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vehicles as now existing or hereafter amended, the Department of Motor Vehicle Safety Driver Services shall require an applicant for a drivers license, a commercial drivers license, a learners permit, or an identification card to provide to the Department of Motor Vehicle Safety Driver Services the applicants social security number or certification from the Social Security Administration that the applicant is not eligible for issuance of a social security number because he or she is an alien not authorized to work in the United States as part of the application. Notwithstanding the foregoing, nothing in this Code section shall be construed so as to authorize the issuance of any drivers license, permit, or identification card to any person who is not either a United States citizen or an alien with legal authorization from the United States Immigration and Naturalization Service a resident as defined in Code Section 40-5-1. If the Immigration and Naturalization Service status legal authorization of such person is terminated or expired, any Georgia drivers license issued to such person shall be revoked. The Department of Motor Vehicle Safety Driver Services shall provide to the Department of Human Resources, in addition to other information required to be provided to the Department of Human Resources, such social security numbers of individuals who have been issued a drivers license, a commercial drivers license, a learners permit, or an identification card. The Department of Human Resources shall use the information provided by the Department of Motor Vehicle Safety Driver Services pursuant to this Code section for the purpose of complying with the requirements of law concerning the enforcement of child support. (2) In accordance with the mandate contained in 42 U.S.C. Section 666(a)(13)(A) and notwithstanding any provision of Chapter 2 of Title 27 relating to licenses and permits as now existing or hereafter amended, the Department of Natural Resources shall require an applicant for a license or permit pursuant to Chapter 2 of Title 27 to provide to the Department of Natural Resources the applicants social security number as a part of the license or permit application. The Department of Natural Resources shall provide to the Department of Human Resources, along with other information required to be provided to the Department of Human Resources, the social security numbers of individuals who have been issued a license or permit pursuant to Chapter 2 of Title 27. The Department of Human Resources shall use the information provided by the Department of Natural Resources pursuant to this Code section for the purpose of complying with the requirements of law concerning the enforcement of child support. (3) The information collected by the Department of Motor Vehicle Safety Driver Services and the Department of Natural Resources and transmitted to the Department of Human Resources pursuant to paragraphs (1) and (2) of this subsection shall be deemed confidential and not subject to public disclosure but may be shared with other state agencies as needed to comply with federal law."
SECTION 8-2. Said Chapter 11 of Title 19 is further amended in Code Section 19-11-18, relating to collection procedures, notice, and judicial review by striking subparagraph (b)(3)(C) and

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1991

inserting in its place a new subparagraph to read as follows: "(C) With respect to motor vehicles for which a certificate of title is required pursuant to Chapter 3 of Title 40, the IV-D agency may file notice of a child support lien with the social security number of the obligor noted thereon with the Department of Motor Vehicle Safety Driver Services. A child support lien shall become perfected as of the date a certificate of title showing the child support lien is issued by the department and the permanent records of the department are changed to reflect such lien. A filed or recorded but unperfected child support lien shall be valid against the obligor. A filed or recorded but unperfected child support lien shall not constitute actual or constructive notice to and shall not be valid against owners of the motor vehicle who are not the obligor and shall not constitute actual or constructive notice to and shall not be valid against individuals or entities which become transferees of the motor vehicle prior to perfection, creditors of the obligor, or holders of security interests or liens in the motor vehicle which have been perfected in accordance with Chapter 3 of Title 40 prior to perfection of the child support lien. A child support lien perfected as provided in this subparagraph shall be subordinate to any security interest or lien which has been perfected prior to the perfection of the child support lien and shall be subordinate to mechanics liens regardless of when perfected."
PART IX Amendments to Title 20.
Education. SECTION 9-1.
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in Code Section 20-2-142, relating to prescribed courses of education in public elementary and secondary schools, by striking subsection (b) and inserting in its place a new subsection to read as follows:
"(b)(1) The State Board of Education and the Board of Public Safety Driver Services shall jointly establish an alcohol and drug course for the purpose of informing the young people of this state of the dangers involved in consuming alcohol or certain drugs in connection with the operation of a motor vehicle. The course shall be designed to generate greater interest in highway safety and accident prevention. The state board and the Board of Public Safety Driver Services shall jointly, by rules or regulations, determine the contents of the course and its duration. The commissioner of public safety driver services shall make available officers, employees, officials, agents, contractors, or other appropriate representatives as determined by the commissioner of the Department of Public Safety driver services to teach the alcohol and drug course. The alcohol and drug course shall be offered periodically but not less than once annually in the public schools of this state to students in grades nine and above in the manner prescribed by the state board.

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(2) All schools with grade nine or above which receive funds in any manner from the state shall make available to eligible students the alcohol and drug course provided in paragraph (1) of this subsection. (3) The commissioner of public safety driver services shall make the alcohol and drug course, and instructors where necessary, available to the private schools in this state. In addition, the commissioner of public safety driver services shall offer the alcohol and drug course periodically at various locations in the state in the manner provided by the Board of Public Safety Driver Services."
SECTION 9-2. (a) Said Title 20 is further amended in Code Section 20-2-701, relating to enforcement of required school attendance, by striking subsection (c) of the Code section, as amended by Section 11B of Ga. L. 2004, p. 107, and inserting in its place a new subsection to read as follows:
"(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 Driver Services any child 14 years of age or older who does not meet the attendance requirements contained in subsection (a.1) of Code Section 40-522. Such report shall include the childs name, current address, and social security number, if known." (b) This section of this Act shall become effective only when subsection (c) of Code Section 20-2-701 becomes effective as provided in subsection (d) of that Code section, as amended by Section 11B of Ga. L. 2004, p. 107.
PART X Amendments to Chapter 21-2. The "Georgia Election Code."
SECTION 10-1.
Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code" is amended in Code Section 21-2-220, relating to application for voter registration, by striking subsection (a) and inserting in its place a new subsection to read as follows:
"(a) Any person desiring to register as an elector shall apply to do so by making application to a registrar or deputy registrar of such 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 Driver Services as provided in Code Section 21-2-221, by making application through the Department of Natural Resources as provided in Code Section 21-2-221.1, by making application through designated offices as provided in Code Section 21-2-222, or by making application by mail as provided in Code Section 21-2223."
SECTION 10-2.

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Said Chapter 2 of Title 21 is further amended by striking Code Section 21-2-221, relating to drivers license or identification card application as application for voter registration, and inserting in its place a new Code section to read as follows:
"21-2-221. (a) Each application to obtain, renew, or change the name or address on a drivers license or identification card issued by the Department of Motor Vehicle Safety Driver Services pursuant to Chapter 5 of Title 40 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 commissioner of motor vehicle safety driver services and the Secretary of State shall agree upon and design such procedures and forms as will be necessary to comply with this Code section. (c) The forms designed by the commissioner of motor vehicle safety driver services and the Secretary of State:
(1) Shall not require the applicant to duplicate any information required in the drivers 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 perjury; 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 change of address submitted to the Department of Motor Vehicle Safety Driver Services for the purpose of changing the information contained on a drivers license or identification card issued by the Department of Motor Vehicle Safety Driver Services shall serve as a notification of change of address for voter registration unless the registrant states that at the time of submitting the change of address that the change of address is not for voter registration purposes. (e) The Department of Motor Vehicle Safety Driver Services 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. (f) The Department of Motor Vehicle Safety Driver Services shall maintain such statistical records on the number of registrations and declinations as requested by the Secretary of State.

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(g) No information relating to the failure of an applicant for a drivers license or identification card issued by the Department of Motor Vehicle Safety Driver Services to sign a voter registration application may be used for any purpose other than voter registration. (h) The Secretary of State and the commissioner of motor vehicle safety driver services 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."
PART XA Amendment to Code Section 24-3-17.
Evidentiary use of records. SECTION 10A-1.
Code Section 24-3-17, relating to evidentiary use of certain departmental records, is amended by striking said Code section in its entirety and inserting in lieu thereof the following:
"24-3-17. (a) A certified copy of any record of the Department of Public Safety or the Department of Driver Services or comparable agency in any other state is admissible in any judicial proceedings or administrative hearing in the same manner as the original of the record. (b) Any court may receive and use as evidence in any case information otherwise admissible from the records of the Department of Public Safety or the Department of Driver Services obtained from any terminal lawfully connected to the Georgia Crime Information Center without the need for additional certification of those records. (c) Any court may receive and use as evidence for the purpose of imposing a sentence in any criminal case information otherwise admissible from the records of the Department of Driver Services obtained from a request made in accordance with a contract with the Georgia Technology Authority for immediate on-line electronic furnishing of information."
PART XI Amendment to Code Section 27-2-3.1. Hunting licenses and sportsmans licenses.
SECTION 11-1.
Code Section 27-2-3.1, relating to hunting licenses and sportsmans licenses, is amended by striking subsection (e) and inserting in its place a new subsection to read as follows:

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"(e) The requirements in this title for procuring any license, stamp, or permit for noncommercial hunting and fishing privileges shall be satisfied by a resident or nonresident who procures a lifetime sportsmans license. An applicant for such license who is a resident shall, prior to the issuance of the license, provide satisfactory evidence of residency. An applicant for such license who is a nonresident shall not be eligible for issuance of such license unless he or she is under 16 years of age and is the grandchild of a resident who holds a valid paid lifetime sportsmans license. The resident grandparent who holds such a lifetime sportsmans license and who is the sponsor of a nonresident applicant for a lifetime sportsmans license must certify the nonresident applicants relationship to him or her in writing to the department. For purposes of procuring a lifetime sportsmans license, the term 'residency' means a domicile within Georgia for a minimum of 12 consecutive months immediately prior to procuring such license. Satisfactory evidence of residency shall consist of a current Georgia drivers license or official Georgia identification card issued by the Department of Motor Vehicle Safety Driver Services and at least one of the following:
(1) A voter registration card; (2) A copy of the prior years Georgia income tax return; (3) A current Georgia automobile registration; or (4) A warranty deed to property at the same address as is displayed on the Georgia drivers license. Minors under 18 years of age shall be presumed to be residents upon proof of parents residency as provided for in this Code section. For purposes of procuring the Type I (Infant) lifetime license, a certified copy of the birth certificate of the licensee shall be required."
PART XII Amendments to Chapter 32-6. Regulation of maintenance and use of public roads generally.
SECTION 12-1.
Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of maintenance and use of public roads generally, is amended in Code Section 32-6-2, relating to regulation of parking, by striking paragraph (1) and inserting in its place a new paragraph to read as follows:
"(1) The department may regulate and prohibit the parking of any type of vehicle on any public road on the state highway system, including extensions thereof into or through municipalities. Whenever any state or local law enforcement officer or employee of the Department of Motor Vehicle Safety to whom law enforcement authority has been designated finds a vehicle parked in violation of law or the departments regulations, such officer or employee is authorized to move such vehicle or require the driver or other person in charge of the vehicle to move the same. If the vehicle is unattended, such officer or employee is authorized to remove or provide for the removal of such vehicle to the nearest garage or other place of safety at the

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owners expense. State or local law enforcement officers and the department are further authorized, with or without the consent of the owner, to remove or have removed any obstruction, cargo, or personal property which is abandoned, unattended, or damaged as a result of a vehicle accident which the department determines to be a threat to public health or safety or to mitigate traffic congestion.;"
SECTION 12-2. Said Chapter 6 of Title 32 is further amended by striking Code Section 32-6-27, relating to enforcement of load limitations, and inserting in its place a new Code section to read as follows:
"32-6-27. (a) Any person who violates the load limitation provisions of Code Section 32-6-26 shall be conclusively presumed to have damaged the public roads, including bridges, of this state by reason of such overloading and shall recompense the state for such damage in accordance with the following schedule:
(1) For the first 1,000 pounds of excess weight, 0.8 per pound; plus 1.5 per pound for the next 2,000 pounds of excess weight; plus 3 per pound for the next 2,000 pounds of excess weight; plus 4 per pound for the next 3,000 pounds of excess weight; plus 5 per pound for all excess weight over 8,000 pounds; (2) Where a vehicle is authorized to exceed the weight limitations of Code Section 32-6-26 by a permit issued pursuant to Code Section 32-6-28, the term 'excess weight' means that weight which exceeds the weight allowed by such permit. For such vehicles, damages for excess weight shall be assessed according to the following schedule: 125 percent times, in each category of excess weights, the rate imposed on offending vehicles operating without a permit.
(a.1)(1)(A) The Department of Motor Vehicle Safety Public Safety is authorized to issue a citation to the owner or operator of any vehicle in violation of a maximum weight limit on a county road which is a designated local truck route under subsection (f) of Code Section 32-6-26 and for which signs have been placed and maintained as required under paragraph (2) of subsection (c) of Code Section 32-650. (B) The Department of Motor Vehicle Safety Public Safety is authorized to issue a warning to the owner or operator of any vehicle in violation of a maximum weight limit on a county road which is a designated local truck route under subsection (f) of Code Section 32-6-26 but for which signs have not been placed or maintained as required under paragraph (2) of subsection (c) of Code Section 32-6-50 upon the first such violation and to issue a citation to such owner or operator for a subsequent such violation. (2)(A) The Department of Motor Vehicle Safety Public Safety is authorized to issue a citation to the owner or operator of any vehicle in violation of a maximum weight limit on a bridge for which signs have been placed and maintained as required under paragraph (3) of Code Section 32-4-41 or subsection (a.1) of Code Section 32-4-91.

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1997

(B) The Department of Motor Vehicle Safety Public Safety is authorized to issue a warning to the owner or operator of any vehicle in violation of a maximum weight limit on a bridge but for which signs have not been placed or maintained as required under paragraph (3) of Code Section 32-4-41 or subsection (a.1) of Code Section 32-4-91 upon the first such violation and to issue a citation to such owner or operator for a subsequent such violation. (b) The schedules listed in paragraphs (1) and (2) of subsection (a) of this Code section shall apply separately to (1) the excess weight of the gross load and (2) the sum of the excess weight or weights of any axle or axles, provided that where both gross load and axle weight limits are exceeded, the owner or operator shall be required to recompense the state only for the largest of the money damages imposed under items (1) and (2) of this subsection. (c)(1) Within 30 days after the issuance of the citation, the owner or operator of any offending vehicle shall pay the amount of the assessment to the Department of Motor Vehicle Safety Public Safety or request an administrative determination of the amount and validity of the assessment. (2) The right to an administrative determination of the amount and validity of the assessment shall be granted only to the owner or operator of an offending vehicle. (3) The party requesting an administrative determination of the amount and validity of the assessment shall deposit the amount of the assessment with the Department of Motor Vehicle Safety Public Safety, within the time permitted to request such determination, before the determination will be granted. In the event the assessment is determined to be erroneous, the Department of Motor Vehicle Safety Public Safety shall make prompt refund of any overpayment after receipt of a final decision making such determination. (4) If an administrative hearing is requested, it shall be held in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations of the Department of Motor Vehicle Safety Public Safety. The scope of any such hearing shall be limited to a determination of: (A) The weight of the offending vehicle; (B) The maximum weight allowed by law on the roadway upon which the offending vehicle was operated; and (C) Whether the operator had in his or her actual possession a valid oversize or overweight permit issued by the Department of Transportation allowing the vehicle to operate in excess of the maximum weight otherwise allowed by law on the roadway upon which the offending vehicle was operated. (5) Any person who has exhausted all administrative remedies available within the Department of Motor Vehicle Safety Public Safety and who is aggrieved by a final order of the Department of Motor Vehicle Safety Public Safety is entitled to judicial review in accordance with Chapter 13 of Title 50. (6) If a party requests an administrative determination of the amount and validity of the assessment and fails to appear without first obtaining permission from the administrative law judge or does not withdraw the request in writing no less than five

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days in advance of a scheduled hearing, the party shall be deemed in default and the citation shall be affirmed by operation of law. The party shall be deemed to owe the sum of $75.00 in addition to the amount due on the citation, which sum shall represent hearing costs. (d) All moneys collected in accordance with this Code section shall be transmitted to the Department of Motor Vehicle Safety, thereafter to be disposed of as follows: (1) All moneys collected for violations of the weight limitations imposed by this article shall be remitted to the general fund of the state treasury; (2) All moneys collected for violations of the height, width, or length limitations imposed by this article, after the appropriate statutory deductions, shall be retained by the governing authority of the county wherein the violation occurred for deposit in the general treasury of said county; (3) Hearing costs imposed pursuant to paragraph (6) of subsection (c) of this Code section shall be retained by the Department of Motor Vehicle Safety Public Safety; (4) Reissuance fees imposed pursuant to paragraph (4) of subsection (g) of this Code section shall be retained by the Department of Motor Vehicle Safety Driver Services; and (5) Restoration fees imposed pursuant to paragraph (1) of subsection (i) of this Code section shall be retained by the Department of Motor Vehicle Safety Driver Services. (e) Any owner or operator of a vehicle which is operated on the public roads of this state in violation of the weight limitations provided in this article shall be required, in addition to paying the moneys provided in subsection (a) of this Code section, to unload all gross weight in excess of 6,000 pounds over the legal weight limit before being allowed to move the vehicle. (f) Any person authorized by law to enforce this article may seize the offending vehicle of an owner who fails or whose operator fails to pay the moneys prescribed in subsection (a) of this Code section and hold such vehicle until the prescribed moneys are paid. If the offending vehicle is not registered in this state, any person authorized by law to enforce this article may seize any vehicle owned or operated by an owner who fails or whose operator fails to pay the moneys prescribed in subsection (a) of this Code section and hold such vehicle until the prescribed moneys are paid. Any person seizing a vehicle under this subsection or subsection (e) of this Code section may, when necessary, store the vehicle; and the owner thereof shall be responsible for all reasonable storage charges thereon. When any vehicle is seized, held, unloaded, or partially unloaded under these subsections, the load or any part thereof shall be removed or cared for by the owner or operator of the vehicle without any liability on the part of the authorized person or of the state or any political subdivision because of damage to or loss of such load or any part thereof. (g)(1) Whenever any person, firm, or corporation violates this article and becomes indebted to the Department of Motor Vehicle Safety Public Safety because of such violations and fails within 30 days of the date of issuance of the overweight assessment citation either to pay the assessment or appeal to the Department of Motor Vehicle Safety Public Safety for administrative review, as provided for in subsection

FRIDAY, MARCH 11, 2005

1999

(c) of this Code section, such assessment shall become a lien upon the overweight motor vehicle so found to be in violation, which lien shall be superior to all liens except liens for taxes or perfected security interests established before the debt to the Department of Motor Vehicle Safety Public Safety was created. (2) Whenever any person, firm, or corporation requests an administrative review, it shall be held in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' In the event that the administrative law judge finds in favor of the Department of Motor Vehicle Safety Public Safety, the person, firm, or corporation shall pay the assessment within 30 days after that decision becomes final or, if judicial review is had in accordance with Chapter 13 of Title 50, then within 30 days after final judicial review is terminated. If the person, firm, or corporation fails to pay the assessment within 30 days, such assessment shall become a lien as provided for under paragraph (1) of this subsection. (3) The Department of Motor Vehicle Safety Public Safety shall perfect the lien created under this subsection by sending notice thereof on a notice designated by the commissioner of motor vehicle safety public safety, by first-class mail or by statutory overnight delivery, to the owner and all holders of liens and security interests shown on the records of the Department of Motor Vehicle Safety Driver Services maintained pursuant to Chapter 3 of Title 40. Upon receipt of notice from the Department of Motor Vehicle Safety Public Safety, the holder of the certificate of title shall surrender same to the commissioner of motor vehicle safety driver services for issuance of a replacement certificate of title bearing the lien of the department unless the assessment is paid within 30 days of the receipt of notice. The Department of Motor Vehicle Safety Driver Services may append it's the lien to its records, notwithstanding the failure of the holder of the certificate of title to surrender said certificate as required by this paragraph. (4) Upon issuance of a title bearing the lien of the Department of Motor Vehicle Safety Public Safety, or the appending of the lien to the records of the Department of Motor Vehicle Safety Driver Services, the owner of the vehicle or the holder of any security interest or lien shown in the records of the department Department of Driver Services may satisfy such lien by payment of the amount of the assessment, including hearing costs, if any, and payment of a reissuance fee of $100.00. Upon receipt of such amount, the Department of Motor Vehicle Safety Public Safety shall release its lien and the Department of Driver Services shall issue a new title without the lien. (h)(1) The Department of Motor Vehicle Safety Public Safety, in seeking to foreclose its lien on the motor vehicle arising out of an overweight motor vehicle citation assessed under this article, may seek an immediate writ of possession from the court before whom the petition is filed, if the petition contains a statement of facts, under oath, by the Department of Motor Vehicle Safety Public Safety, its agents, its officers, or attorney setting forth the basis of the petitioners claim and sufficient grounds for issuance of an immediate writ of possession. (2) The Department of Motor Vehicle Safety Public Safety shall allege under oath specific facts sufficient to show that it is within the power of the defendant to conceal,

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encumber, convert, convey, or remove from the jurisdiction of the court the property which is the subject matter of the petition. (3) The court before whom the petition is pending shall issue a writ for immediate possession, upon finding that the petitioner has complied with paragraphs (1) and (2) of this subsection. If the petitioner is found not to have made sufficient showing to obtain an immediate writ of possession, the court may, nevertheless, treat the petition as one being filed under Code Section 44-14-231 and proceed accordingly. (4) When an immediate writ of possession has been granted, the Department of Motor Vehicle Safety Public Safety shall proceed against the defendant in the same manner as provided for in Code Sections 44-14-265 through 44-14-269. (i)(1) Whenever any person, firm, or corporation violates this article and fails within 30 days of the date of issuance of the overweight assessment citation either to pay the assessment or appeal to the Department of Motor Vehicle Safety Public Safety for an administrative review as provided for under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the Department of Motor Vehicle Safety Driver Services may act to suspend the motor vehicle registration of the vehicle involved. However, if the person, firm, or corporation requests an administrative review, the Department of Motor Vehicle Safety Driver Services shall act to suspend the registration only after the issuance of a final decision favorable to the Department of Motor Vehicle Safety Public Safety and the requisite failure of the person, firm, or corporation to pay the assessment. Upon such failure to pay the assessment, the Department of Motor Vehicle Safety Driver Services shall send a letter to the owner of such motor vehicle notifying the owner of the suspension of the motor vehicle registration issued to the motor vehicle involved in the overweight assessment citation. Upon complying with this subsection by paying the overdue assessment and upon submitting proof of compliance and paying a $10.00 restoration fee to the Department of Motor Vehicle Safety Driver Services, the commissioner of motor vehicle safety driver services shall reinstate any motor vehicle registration suspended under this subsection. In cases where the motor vehicle registration has been suspended under this subsection for a second or subsequent time during any two-year period, the Department of Motor Vehicle Safety Driver Services shall suspend the motor vehicle registration for a period of 60 days and thereafter until the owner submits proof of compliance with this subsection and pays the $150.00 restoration fee to the Department of Motor Vehicle Safety Driver Services. (2) Unless otherwise provided for in this Code section, notice of the effective date of the suspension of a motor vehicle registration occurs when the owner has actual knowledge or legal notice thereof, whichever first occurs. For the purposes of making any determination relating to the restoration of a suspended motor vehicle registration, no period of suspension shall be deemed to have begun until ten days after the mailing of the notice required in paragraph (1) of this subsection. (3) For the purposes of this subsection, except where otherwise provided, the mailing of a notice to a person at the name and address shown in records of the Department of Motor Vehicle Safety Driver Services maintained under Chapter 3 of Title 40 shall,

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2001

with respect to the holders of liens and security interests, be presumptive evidence that such person received the required notice. (4) For the purposes of this subsection, except where otherwise provided, the mailing of a notice to a person or firm at the name and address shown on the overweight assessment citation shall, with respect to owners and operators of vehicles involved in an overweight assessment, be presumptive evidence that such person received the required notice. (5) The commissioner of motor vehicle safety driver services may suspend the motor vehicle registration of any offending vehicle for which payment of an overweight assessment is made by a check that is returned for any reason. (6) For the purposes of this subsection, where any provisions require the Department of Public Safety or the Department of Motor Vehicle Safety Driver Services to give notice to a person, which notice affects such persons motor vehicle license plate, the mailing of such notice and the name and address shown on the notice of overdue assessment citation supplied by the Department of Motor Vehicle Safety Public Safety, as required by this subsection, shall be presumptive evidence that such person received the required notice."
SECTION 12-3. Said Chapter 6 of Title 32 is further amended by striking Code Section 32-6-29, relating to regulations and enforcement, and inserting in its place a new Code section to read as follows:
"32-6-29. (a) The Department of Transportation shall be responsible for rules and regulations relating to size and weight limits and issuance of permits under this article. (b) The Department of Transportation shall not, however, employ any law enforcement officers or agents except as may be specifically authorized by other laws. Responsibility Law enforcement responsibility for enforcement of this article shall be in the Department of Motor Vehicle Public Safety. "
SECTION 12-4. Said Chapter 6 of Title 32 is further amended by striking Code Section 32-6-30, relating to stopping vehicles for purposes of weighing, measuring, or inspecting, and inserting in its place a new Code section to read as follows:
"32-6-30. (a) Any law enforcement officer or employee of the Department of Motor Vehicle Safety Public Safety to whom law enforcement authority has been designated who observes a motor vehicle being operated upon a public road of the state and who has reason to believe that: (1) Any provision of this article is being violated; (2) The vehicle is improperly licensed in violation of Code Sections 40-2-150 through 40-2162; or (3) A fuel tax registration card is not being carried or that a proper distinguishing identification marker is not affixed to the vehicle in violation of Code Sections 48-9-39 and 48-11-14 is authorized to stop such vehicle and weigh, measure,

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or inspect the same. Violations of such licensing or fuel tax registration and identification requirements shall be reported to the Department of Motor Vehicle Safety Driver Services or the Department of Revenue as appropriate.
(b)(1) If the operator of the vehicle shall refuse to stop upon proper order as directed by a person authorized by subsection (a) of this Code section to stop, weigh, measure, or inspect the vehicle or its load, the operator shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $200.00. The operator shall have the right to post an appropriate bond, which shall not exceed $400.00, when any law enforcement officer or employee of the Department of Motor Vehicle Safety Public Safety authorized to enforce this article apprehends said operator for any violation of this article. (2) In addition, the operators drivers license or nonresidents driving privilege may be suspended for a period of not more than 90 days by the Department of Motor Vehicle Safety Driver Services upon satisfactory proof of said refusal to stop or drive the vehicle upon the scales. Each person who shall apply for a Georgia drivers license, or for nonresident driving privileges, or for a renewal of same thereby consents to stop such vehicle for inspection or to drive such vehicle upon scales whenever so ordered by a law enforcement official or authorized employee of the Department of Motor Vehicle Safety Public Safety."
PART XIII Amendments to Title 33.
Insurance. SECTION 13-1.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in Code Section 33-9-42, relating to reduction in premiums for motor vehicle liability, firstparty medical, and collision coverages for certain named drivers, by striking subsections (b) through (g) and inserting in their place new subsections to read as follows:
"(b) Reductions in premiums shall be available if all named drivers who are 25 years of age or older:
(1) Have committed no traffic offenses for the prior three years or since the date of licensure, whichever is shorter; (2) Have had no claims based on fault against an insurer for the prior three years; and (3) Complete one of the following types of driving courses:
(A) A course in defensive driving of not less than six hours from a driver improvement clinic or commercial or noncommercial driving school approved by and under the jurisdiction of the Department of Motor Vehicle Safety Driver Services; (B) An emergency vehicles operations course at the Georgia Public Safety Training Center; (C) A course in defensive driving of not less than six hours from a driver improvement program which is administered by a nonprofit organization such as the

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2003

American Association of Retired People, the American Automobile Association, the National Safety Council, or a comparable organization and which meets the standards promulgated by the Department of Motor Vehicle Safety Driver Services pursuant to subsection (f) of this Code section; or (D) A course in defensive driving of not less than six hours offered by an employer to its employees and their immediate families, which course has been approved by the Department of Motor Vehicle Safety Driver Services. (c) Reductions in premiums shall be available if all named drivers who are under 25 years of age: (1) Have committed no traffic offenses for the prior three years or since the date of licensure, whichever is shorter; (2) Have had no claims based on fault against an insurer for the prior three years; and (3) Complete a preparatory course offered to new drivers of not less than 30 hours of classroom training and not less than six hours of practical training by a drivers training school approved by and under the jurisdiction of the Department of Motor Vehicle Safety Driver Services or by an accredited secondary school, junior college, or college. (d) Upon completion of one of the driving courses specified in paragraph (3) of subsection (b) or paragraph (3) of subsection (c), as applicable, of this Code section by each named driver, eligibility for reductions in premiums for such policy shall continue for a period of three years, provided any named driver under such policy does not commit a traffic offense or have a claim against the policy based on any such drivers fault. (e) The Department of Motor Vehicle Safety Driver Services shall assure through the supervision of driver improvement clinics, emergency vehicles operations courses, driver improvement programs administered by nonprofit organizations, and commercial or noncommercial driving schools approved by the Department of Motor Vehicle Safety Driver Services that defensive driving courses shall be available and accessible wherever practicable as determined by the department to licensed drivers throughout the state. (f) Each insurer providing premium discounts under this Code section shall provide, upon the request of the Commissioner, information regarding the amount of such discounts in a form acceptable to the Commissioner. (g) The power of supervision granted to the Department of Motor Vehicle Safety Driver Services over driver improvement programs administered by nonprofit organizations under this Code section shall be limited to the establishment of minimum standards and requirements relative to the content of specific courses offered by such programs and relative to investigation and resolution of any complaints directed towards the content or operation of any course by a person enrolled in such course. The Department of Motor Vehicle Safety Driver Services may adopt rules and regulations necessary to carry out the provisions of this subsection. The Department of Motor Vehicle Safety Driver Services shall not require a nonprofit organization to obtain a license or permit or to pay a fee in order to administer a driver improvement program in

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the state. The Department of Motor Vehicle Safety Driver Services shall not require a commercial driving school licensed by such department to obtain an additional license to teach a defensive driving course, as described in subparagraph (b)(3)(A) or paragraph (3) of subsection (c) of this Code section, at any location in this state."
SECTION 13-2. Said Title 33 is further amended in Code Section 33-34-9, relating to payment of insurance for total loss motor vehicles, by striking subsection (b) and inserting in its place a new subsection to read as follows:
"(b) For the purpose of implementing this Code section, at the discretion of the Commissioner of the Department of Motor Vehicle Safety commissioner of driver services, an insurer may be granted access via electronic means to individual motor vehicle records. Any such access shall be in accordance with Code Section 40-3-23, and the Department of Motor Vehicle Safety Driver Services shall establish the application and approval process before allowing any such access. The information provided to an insurer pursuant to this Code section shall be limited to the verification of the vehicle owners name, vehicle information, and any recorded security interests or liens as shown on the records of the Department of Motor Vehicle Safety Driver Services."
PART XIIIA Amendment to Chapter 35-2. Department of Public Safety.
SECTION 13A-1.
Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, is amended in Code Section 35-2-33, relating to additional duties of the Georgia State Patrol, by striking paragraph (1) of subsection (a) and inserting in its place a new paragraph to read as follows:
"(1) To enforce the laws of this state relating to the use, ownership, control, licensing, and registration of motor vehicles and Code Sections 32-9-4 and 40-6-54, relating to designation of restricted travel lanes;"
SECTION 13A-2. Said Chapter 2 of Title 35 is further amended by adding at its end a new Article 5 to read as follows:
"ARTICLE 5
35-2-100. There is created and established a division of the Department of Public Safety to be known as the Motor Carrier Compliance Division, the members of which shall be known and designated as 'law enforcement officers.'

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2005

35-2-101. (a) The Motor Carrier Compliance Division of the department shall have jurisdiction throughout this state with such duties and powers as are prescribed by law. (b) The primary duties of the Motor Carrier Compliance Division shall be as follows:
(1) Enforcement of laws and regulations relating to the size and the weights of motor vehicles, trailers, and loads as provided for in Article 2 of Chapter 6 of Title 32; (2) Enforcement of laws and regulations relating to licensing and fuel tax registration requirements and the reporting of violations thereof to the Department of Driver Services or the Department of Revenue as appropriate; (3) Enforcement of safety standards for motor vehicles and motor vehicle components; (4) Enforcement of laws relating to hazardous materials carriers; (5) Enforcement of all state laws on the following properties owned or controlled by the Department of Transportation or the State Road and Tollway Authority: rest areas, truck-weighing stations or checkpoints, wayside parks, parking facilities, toll facilities, and any buildings and grounds for public equipment and personnel used for or engaged in administration, construction, or maintenance of the public roads or research pertaining thereto; (6) Enforcement of Code Section 16-10-24, relating to obstructing or hindering law enforcement officers; (7) Directing and controlling traffic on any public road which is part of the state highway system but only in areas where maintenance and construction activities are being performed and at scenes of accidents and emergencies until local police officers or Georgia State Patrol officers arrive and have the situation under control; (8) Enforcement of Code Sections 32-9-4 and 40-6-54, relating to designation of restricted travel lanes; (9) Enforcement of Code Section 16-11-43, relating to obstructing highways, streets, sidewalks, or other public passages, on any public road which is part of the state highway system; (10) Enforcement of Code Section 16-7-43, relating to littering public or private property or waters, on any public road which is part of the state highway system; (11) Enforcement of Code Section 16-7-24, relating to interference with government property, on any public road which is part of the state highway system; and (12) Enforcement of any state law when ordered to do so by the commissioner. (c) In performance of the duties specified in subsection (b) of this Code section, certified law enforcement officers employed by the department or designated by the commissioner shall: (1) Be authorized to carry firearms; (2) Exercise arrest powers; (3) Have the power to stop, enter upon, and inspect all motor vehicles using the public highways for purposes of determining whether such vehicles have complied with and are complying with laws, the administration or enforcement of which is the responsibility of the department;

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(4) Have the power to examine the facilities where motor vehicles are housed or maintained and the books and records of motor carriers for purposes of determining compliance with laws, the administration or enforcement of which is the responsibility of the department; and (5) Exercise the powers generally authorized for law enforcement officers in the performance of their duties or otherwise to the extent needed to protect any life or property when the circumstances demand action. (d) The commissioner shall authorize law enforcement officers of the Motor Carrier Compliance Division to make use of dogs trained for the purpose of detection of drugs and controlled substances while such officers are engaged in the performance of their authorized duties. If such authorized use of such a dog indicates probable cause to indicate the presence of contraband, the officer or officers shall in those circumstances have the full authority of peace officers to enforce the provisions of Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled Substances Act,' and Article 3 of Chapter 13 of Title 16, the 'Dangerous Drug Act'; provided, however, that the department must immediately notify the local law enforcement agency and district attorney of the jurisdiction where a seizure is made. (e)( 1) Certified law enforcement officers employed by the Motor Carrier Compliance Division may use a department motor vehicle while working an approved off-duty job, provided that:
(A) The off-duty employment is of a general nature that is the subject of a contract between the off-duty employer and the department and is service in which the use of the department motor vehicle is a benefit to the department or is in furtherance of the departments mission; (B) The off-duty employer agrees to pay and does pay to the department an amount determined by the commissioner to be sufficient to reimburse the department for the use of the vehicle and to pay the off-duty employee sufficient compensation. Pursuant to such contract, the department shall pay the employee of the department the compensation earned on off-duty employment whenever such employee performs such service in a department motor vehicle; and (C) The commissioner has specifically approved, in writing, the individual use of the vehicle by the employee. (2) At no time will an off-duty employee be allowed use of a department motor vehicle at any political function of any kind."
PART XIV Amendments to Chapter 40-2. Registration and licensing of motor vehicles.
SECTION 14-1.
Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking paragraphs (2) and (3) of Code

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2007

Section 40-2-1, relating to definitions, and inserting in their place new paragraphs to read as follows:
"(2) 'Commissioner' means the commissioner of motor vehicle safety driver services. (3) 'Department' means the Department of Motor Vehicle Safety Driver Services."
SECTION 14-2. Said Chapter 2 of Title 40 is further amended in Code Section 40-2-8. relating to license plates, temporary plates, and unregistered vehicles, by striking division (b)(2)(B)(ii) and inserting in its place a new division to read as follows:
"(ii) All temporary plates issued by dealers to purchasers of vehicles on or after January 1, 2001, shall be of a standard design prescribed by regulation promulgated by the Department of Motor Vehicle Safety department in accordance with the requirements of this subparagraph. Temporary plates issued by dealers to purchasers prior to such date may be of any design if such plates meet the requirements of this subparagraph."
SECTION 14-3. Said Chapter 2 of Title 40 is further amended by striking Code Section 40-2-24, relating to bonding of tag agents, and inserting in its place a new Code section to read as follows:
"40-2-24. Each tag agent shall give bond conditioned as the commissioner may require, and in such amount as the commissioner may deem necessary and proper, not exceeding $250,000.00, to protect the state adequately. Such bond shall be executed by a surety corporation licensed to do business in the State of Georgia, as surety, and the premiums shall be paid by the Department of Motor Vehicle Safety department. The bond shall run to the Governor and his or her successors in office and shall be approved as to conditions, form, and sufficiency by the commissioner."
SECTION 14-3.1. Said Chapter 2 of Title 40 is further amended by striking subsections (b) and (d) of Code Section 40-2-40, relating to registration of delinquent vehicles, and inserting in their respective places new subsections to read as follows:
"(b) All applications for the registration of a delinquent vehicle shall, before being accepted by a tag agent, be first endorsed by a sheriff or a deputy sheriff, a chief of police or his or her designated representative, a state patrolman, a state revenue special agent or enforcement officer, a Department of Transportation law enforcement officer, a tax commissioner, or a tax collector. The officer endorsing the delinquent application shall indicate, with his or her endorsement on the application, the total amount of the prescribed registration fee together with the 25 percent penalty provided in this Code section, and the full total of such amount shall be paid to the tag agent before any license plate or revalidation decal as provided for in this chapter shall be assigned to the applicant."

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"(d) Between the first and fifth days of each calendar month, the tag agent shall remit to the respective fiscal authorities of the counties or cities employing the endorsing officers the full amount of such penalties accredited to such officers during and for the preceding calendar month. All sums accredited to state patrolmen, state revenue special agents or enforcement officers, or Department of Transportation law enforcement officers shall be paid to the fiscal authorities of the county where the vehicle is registered."
SECTION 14-4. Said Chapter 2 of Title 40 is further amended by adding after Code Section 40-2-64 a new Code Section 40-2-64.1 to read as follows:
"40-2-64.1. (a) In accordance with the Taiwan Relations Act as provided for in Code Section 50-12, the commissioner shall design a distinctive Foreign Organization license plate. (b) Upon application and compliance with the state motor vehicle laws relating to the registration and licensing of motor vehicles and the payment of the regular license fee, official representatives of the Taipei Economic and Cultural Representatives Office in the United States who maintain a presence in Georgia shall be issued Foreign Organization license plates as prescribed in Code Section 40-2-31 in duplicate. Such license plates shall be fastened to both the front and the rear of the vehicle. (c) Official representatives of the Taipei Economic and Cultural Representatives Office in Atlanta accredited by the Georgia Department of Economic Development shall be entitled to Foreign Organization license plates for the representatives privately owned motor vehicle. Such license plates shall not be used by any representative after his or her presence in Georgia has terminated. (d) License plates issued under this Code section shall not be transferred so as to be used by any person other than the person to whom such plates were originally issued but shall be transferred to another vehicle as provided in Code Section 40-2-80. (e) The commissioner is authorized to establish procedures and promulgate rules and regulations for implementing this Code section."
SECTION 14-5. Said Chapter 2 of Title 40 is further amended by striking Code Section 40-2-70, relating to special license plates for certain disabled veterans, and inserting in its place a new Code section to read as follows:
"40-2-70. Any citizen and resident of the State of Georgia who has been discharged from the armed forces under conditions other than dishonorable, who is disabled to any degree specified and enumerated in Code Section 40-2-69, and who is the owner of a private passenger motor vehicle, but who cannot qualify under Code Section 40-2-69, shall be entitled to a special and distinctive automobile license plate. Such license plate shall be transferred to another vehicle acquired by such veteran or jointly by such veteran and his or her spouse as provided in Code Section 40-2-80. Such veteran shall be entitled to

FRIDAY, MARCH 11, 2005

2009

such plate regardless of whether he or she is suffering from a service connected or nonservice connected disability. Such veteran must apply for such license plate and, upon compliance with the state motor vehicle laws for licensing of motor vehicles and payment of the regular license fee for plates as prescribed under Article 7 of this chapter, such veteran shall be issued similar license plates as prescribed in Code Section 40-2-71 for private passenger cars. There shall be no charge for the additional plate issued such veteran under this Code section. If a veteran has not been certified as disabled by the United States Department of Veterans Affairs, such veteran may submit to the Department of Veterans Service such veterans discharge papers and a certified statement from a physician, licensed under Chapter 34 of Title 43, certifying that in the opinion of such physician such veteran is disabled to a degree enumerated in Code Section 40-2-69. If the certificate from the physician indicates the qualifying disabilities which meet the standards of the United States Department of Veterans Affairs, the commissioner of veterans service shall submit a letter to the commissioner of motor vehicle safety driver services indicating that the veteran meets the requirements of this Code section and qualifies for a special license plate as provided in this Code section."
SECTION 14-6. Said Chapter 2 of Title 40 is further amended by striking Code Section 40-2-82, relating to special license plates for Georgia State Patrol vehicles, and inserting in its place a new Code section to read as follows:
"40-2-82. The commissioner of public safety shall be issued distinctive license plates to be used on motor vehicles assigned to the Department of Public Safety and operated by troopers of the Georgia State Patrol or law enforcement officers of the Motor Carrier Compliance Division. The distinctive plates shall be issued free of charge in accordance with procedures agreed upon by the commissioner of public safety and the commissioner of motor vehicle safety driver services. License plates issued pursuant to this Code section need not contain a place for the county name decal and no county name decal need be affixed to a license plate issued pursuant to this Code section."
SECTION 14-7. Said Chapter 2 of Title 40 is further amended in Code Section 40-2-87, relating to definitions applicable to reciprocal agreements for registration of commercial vehicles, by striking paragraph (9) and inserting in its place a new paragraph to read as follows:
"(9) 'Commissioner' means the jurisdiction official in charge of registration of vehicles and means, for the State of Georgia, the commissioner of motor vehicle safety driver services."
SECTION 14-8. Said Chapter 2 of Title 40 is further amended by striking 40-2-89, relating to ineligibility for registration for vehicles prohibited by federal agencies, and inserting in its place a new Code section to read as follows:

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"40-2-89. Any vehicle which is prohibited by any federal agency acting pursuant to federal law, rule, or regulation from being operated in interstate commerce shall not be eligible for registration under this article, and the commissioner shall refuse to issue, refuse to renew, suspend or revoke such registration for any vehicle so prohibited from operating."
SECTION 14-9. Said Chapter 2 of Title 40 is further amended by striking Code Section 40-2-135, relating to revocation of license plates, and inserting in its place a new Code section to read as follows:
"40-2-135. (a) The commissioner shall revoke any regular, prestige, special, or distinctive license plate which the commissioner determines was issued in error and shall revoke the special and distinctive license plate issued to a member of the General Assembly at such time as the holder ceases to hold such public office. The commissioner shall revoke any license plate purchased with a personal check which was returned for any reason. The commissioner shall notify the holder of such regular, prestige, special, or distinctive license plate or of such other license plate of such revocation. The holder of such revoked license plate shall return the license plate to the commissioner or the commissioners designated agent and register his or her vehicle as otherwise required by this chapter. (b) The commissioner shall suspend or revoke any permanent registration and license plate issued in accordance with Code Section 40-2-47 when the owner has not complied with the annual requirement of the payment of ad valorem taxes and is delinquent for more than 12 months from the last date of ad valorem tax payment. (b)(c) Any state or county law enforcement officer or any special agent or enforcement officer appointed under Code Section 40-2-134 may, upon the direction or request of the commissioner, go upon public or private property to seize a license plate or renewal decal which has been revoked as provided in subsection (a) of this Code section."
SECTION 14-10. Said Chapter 2 of Title 40 is further amended in Code Section 40-2-137, relating to the suspension of motor vehicle registration for failure to obtain minimum insurance coverage, by striking paragraph (1) of subsection (c) and inserting in lieu thereof a new paragraph (1) to read as follows:
"(c)(1) When proof of minimum motor vehicle insurance coverage is provided within the time period specified in this Code section, but there has been a lapse of coverage for a period of more than ten days, the owner shall remit a $25.00 lapse fee to the department. Failure to remit the lapse fee to the department within 30 days of the date on which the notification was mailed by the department will result in the suspension of the owners motor vehicle registration by operation of law as if the proof had not been provided in a timely manner as provided in paragraph (2) of this subsection. If

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2011

any lapse fee provided for in this Code section is paid to the county tax commissioner, the county shall retain $5.00 thereof as a collection fee."
SECTION 14-11. Said Chapter 2 of Title 40 is further amended in Code Section 40-2-150, relating to definitions applicable to annual license fees for operation of vehicles, by repealing paragraph (.2) which reads as follows:
"(.2) 'Commissioner' means the commissioner of motor vehicle safety."
PART XV Amendments to Chapter 40-3. Motor vehicle certificates of title, security interests, and liens.
SECTION 15-1.
Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle certificates of title, security interests, and liens, is amended in Code Section 40-3-2, relating to definitions applicable to said chapter, by striking paragraphs (2) and (2.1) and inserting in their place new paragraphs to read as follows:
"(2) 'Commissioner' means the commissioner of motor vehicle safety driver services. (2.1) 'Department' means the Department of Motor Vehicle Safety Driver Services."
SECTION 15-2. Said Chapter 3 of Title 40 is further amended in Code Section 40-3-21, relating to applications for initial certificates of title, by striking paragraph (1) of subsection (a) and inserting in its place a new paragraph to read as follows:
"(1) The full legal name, drivers license number, residence, and mailing address of the owner;"
SECTION 15-3. Said Chapter 3 of Title 40 is further amended in Code Section 40-3-40, relating to reports and remittances by county tag agents, by striking subsection (a) and inserting in its place a new subsection to read as follows:
"(a) All county tag agents accepting and handling title applications shall endeavor to submit such applications and related sums of money to which the Department of Revenue department is entitled to the commissioner on a daily basis. All reports of title applications handled and related sums of money collected to which the Department of Revenue department is entitled must be submitted to the commissioner within seven calendar days from the close of the business day during which such applications were handled and related sums of money collected."
PART XVI Amendments to Chapter 40-4. Identification of and purchase and resale of motor vehicles and parts.
SECTION 16-1.

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Chapter 4 of Title 40 of the Official Code of Georgia Annotated, relating to identification of and purchase and resale of motor vehicles and parts, is amended by striking Code Section 40-4-5, relating to identification of truck chassis, and inserting in its place a new Code section to read as follows:
"40-4-5. Truck chassis with features designed for specialized requirements of a wrecker manufactured after January 1, 1967, but before January 1, 1997, shall, at the time the vehicle is first registered on or after January 1, 1997, pursuant to Code Section 40-2-21, be issued by the Department of Motor Vehicle Safety Driver Services a unique vehicle identification number which shall be affixed to and maintained upon the chassis by the owner in a manner consistent with the requirements of subsections (b) and (e) of Code Section 40-4-4."
PART XVII Amendments to Chapter 40-5.
Drivers licenses. SECTION 17-1.
Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, is amended in Code Section 40-5-1, relating to definitions applicable to said chapter, by striking paragraphs (1), (3), (5), (7), (9), and (10) and inserting in their respective places new paragraphs to read as follows:
"(1) 'Assessment component' means the standard screening instrument or instruments designated by the Department of Human Resources Driver Services which are used to screen for the extent of an individuals alcohol or drug use and its impact on driving." "(3) 'Cancellation of drivers license' means the annulment or termination by formal action of the Department of Motor Vehicle Safety department of a persons license because of some error or defect in the license or because the licensee is no longer entitled to such license. The cancellation of a license is without prejudice, and application for a new license may be made at any time after such cancellation." "(5) 'Commissioner' means the commissioner of motor vehicle safety driver services." "(7) 'Department' means the Department of Motor Vehicle Safety Driver Services." "(9) 'DUI Alcohol or Drug Use Risk Reduction Program' means a program certified by the Department of Human Resources Driver Services which consists of two components: assessment and intervention. In the case of a conviction or plea of nolo contendere to a violation of Code Section 40-6-391 or in any other instance in which a person may be referred to a DUI Alcohol or Drug Use Risk Reduction Program, the program administers the assessment component and refers such offender to the intervention component. (10) 'Intervention component' means a program which delivers therapeutic education about alcohol and drug use and driving and peer group counseling concerning alcohol and drug use over a period of 20 hours utilizing a methodology and curriculum

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2013

approved and certified by the Department of Human Resources Driver Services for the DUI Alcohol or Drug Use Risk Reduction Programs under subsection (e) of Code Section 40-5-83."
SECTION 17-2. Said Chapter 5 of Title 40 is further amended in Code Section 40-5-2, relating to drivers records, by striking and replacing subsection (j) and adding a new subsection (l) so that subsections (j) and (l) shall read, respectively, as follows:
"(j) The commissioner is authorized to promulgate any rules, regulations, or policies as are necessary to carry out the provisions of this Code section. The department and the Georgia Technology Authority are each authorized to charge In accordance with paragraph (6) of subsection (a) of Code Section 50-25-4, reasonable fees to defray costs incurred in affording access to or disseminating shall be assessed for furnishing information from records or data bases pursuant to provisions of this Code section; provided, however, that the fee for furnishing an abstract of a drivers record shall not exceed $10.00; and provided, further, that the fee for furnishing the limited information provided for purposes of insurance rating pursuant to division (c)(1)(B)(ii) of this Code section shall not exceed 20 percent of the fee for furnishing the abstract of a drivers record." "(l) In any case in which the release or transmittal of one or more drivers records is authorized under this Code section or any other provision of law, the commissioner may determine the method of release or transmittal of the record or records, including without limitation release or transmittal by mail or by means of the Internet or other electronic means."
SECTION 17-3. Said Chapter 5 of Title 40 is further amended in Code Section 40-5-21, relating to exemptions from licensing, by striking paragraph (11) of subsection (a) and inserting in its place a new paragraph to read as follows:
"(11) Any resident who is 15 years of age or over while taking actual in-car training in a training vehicle other than a commercial motor vehicle under the direct personal supervision of a driving instructor when such driving instructor and training vehicle are licensed by the department in accordance with the provisions of Chapter 13 of Title 43, 'The Driver Training School License Act.' As used in the previous sentence, the term 'commercial motor vehicle' shall have the meaning specified in Code Section 40-5-142. All vehicles utilized for the in-car training authorized under this paragraph shall be equipped with dual controlled brakes and shall be marked with signs in accordance with the Department of Motor Vehicle Safety rules of the department clearly identifying such vehicles as training cars belonging to a licensed driving school. A driving instructor shall test the eyesight of any unlicensed person who will be receiving actual in-car training prior to commencement of such training, and no unlicensed driver shall receive in-car training unless such person has at least the

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visual acuity and horizontal field of vision as is required for issuance of a drivers license in subsection (c) of Code Section 40-5-27; and".
SECTION 17-4. Said Chapter 5 of Title 40 is further amended in Code Section 40-5-22, relating to requirements for licensure, by striking paragraph (3) of subsection (a.1) and inserting in its place a new paragraph to read as follows:
"(3) The State Board of Education and the commissioner of motor vehicle safety driver services are authorized to promulgate rules and regulations to implement the provisions of this subsection."
SECTION 17-5. Said Chapter 5 of Title 40 is further amended by striking Code Section 40-5-22.1, relating to reinstatement of license of child under 16 years convicted of driving under influence of alcohol or drugs, and inserting in its place a new Code section to read as follows:
"40-5-22.1. Notwithstanding any other provision of law, if a child under 16 years of age is adjudicated delinquent of driving under the influence of alcohol or drugs or of possession of marijuana or a controlled substance in violation of Code Section 16-13-30 or of the unlawful possession of a dangerous drug in violation of Code Section 16-1372 or convicted in any other court of such offenses, the court shall order that the privilege of such child to apply for and be issued a drivers license or learners permit shall be suspended and delayed until such child is 17 years of age for a first conviction and until such child is 18 years of age for a second or subsequent such conviction. Upon reaching the required age, such license privilege shall be reinstated if the child submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources or an assessment and intervention program approved by the juvenile court and pays a fee of $210.00 to the Department of Motor Vehicle Safety Driver Services or $200.00 when such application is processed by mail. The court shall notify the Department of Motor Vehicle Safety department of its order delaying the issuance of such childs license within 15 days of the date of such order. The Department of Motor Vehicle Safety department shall not issue a drivers license or learners permit to any person contrary to a court order issued pursuant to this Code section."
SECTION 17-6. Said Chapter 5 of Title 40 is further amended by striking subsections (a) through (d) of Code Section 40-5-25, relating to drivers license applications, and inserting in their respective places new subsections to read as follows:
"(a) Every application for an instruction permit or for a drivers license shall be made upon a form furnished by the department. Every application shall be accompanied by

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2015

the proper license fee. The fees shall be as established by the commissioner, not to exceed:
(1) For instruction permits for Classes A, B, C, and M drivers licenses and for Class D drivers licenses .................................................................. $10.00

(2) For five-year Classes A, B, C, and M noncommercial drivers

15.00

licenses ........................................................................................................... 20.00

(2.1) For ten-year Classes A, B, C, and M noncommercial drivers licenses ........................................................................................................... 35.00

(3) For Classes A, and B, C, and M commercial drivers licenses............... 15.00 20.00

(4) For application for Classes A, B, C, and M commercial drivers licenses or a Class P commercial drivers instruction permit ........................ 35.00

(5) For Class P commercial drivers instruction permits for Classes A, B, C, and M commercial drivers licenses.......................................................... 10.00

(6) For Classes A, B, C, and M commercial drivers licenses, initial issuance requiring a road test ......................................................................... 65.00
70.00

(7) For Classes A, B, C, and M commercial drivers licenses, initial issuance not requiring a road test................................................................... 15.00
20.00

(8) For renewal of Classes A, B, C, and M commercial drivers licenses.... 15.00 20.00

(8.1) For renewal of five-year Classes A, B, C, and M noncommercial drivers licenses.............................................................................................. 20.00

(8.2) For renewal of ten-year Classes A, B, C, and M noncommercial drivers licenses.............................................................................................. 35.00

(9) Initial issuance of Classes A, B, C, and M commercial drivers licenses

and Class P commercial drivers instruction permits shall include all

endorsement fees within the license fee. Each endorsement added after

initial licensing

5.00

The commissioner may by rule provide incentive discounts in otherwise applicable fees reflecting cost savings to the department where a license is renewed by means other than personal appearance. The discount for renewal of a Class C or Class M license shall be $5.00 and any other discounts shall be as determined by the commissioner. Except as provided in Code Section 40-5-36, relating to veterans licenses, and Code Section 40-5-149, relating to application fees for public school bus drivers, there shall

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be no exceptions to the fee requirements for a commercial drivers license or a commercial drivers license permit. Notwithstanding any other provision of this Code section, there shall be no fee whatsoever for replacement of any drivers license solely due to a change of the licensees name or address, provided that such replacement license shall be valid only for the remaining period of such original license; and provided, further, that only one such free replacement license may be obtained within any four-year the period for which the license was originally issued. Any application for the replacement of a lost license pursuant to Code Section 40-5-31 or due to a change in the licensees name or address submitted within 150 days of the expiration of said license shall be treated as an application for renewal subject to the applicable license fees as set forth in this subsection. (b) Notwithstanding the provisions of subsection (a) of this Code section, any Class 1 or 2 license issued prior to April 3, 1989, shall remain valid until its expiration unless otherwise lost, destroyed, suspended, or revoked prior to its expiration. A Class 3, 4, or 5 license shall remain valid unless lost, destroyed, suspended, revoked, or canceled, until its expiration or its earlier replacement under Article 7 of this chapter, the 'Uniform Commercial Drivers License Act.' Reserved. (c) Every such application shall state the full legal name, date of birth, sex, and residence address of the applicant; shall briefly describe the applicant; and shall state whether the applicant has theretofore been licensed as a driver and, if so, when and by what state or country, and whether any such license has ever been suspended, revoked, or refused, and, if so, the date of and reason for such suspension, revocation, or refusal; and shall state such other information as the commissioner may require to determine the applicants identity, competence, and eligibility. The application shall include any other information as required by paragraph (1) of subsection (a.1) of Code Section 19-11-9.1. The department shall not issue a license until a complete examination of the applicants record has been completed. The commissioner may issue such rules and regulations as shall be necessary for the orderly processing of license applications.
(d)(1) The General Assembly finds that it is in the best interest of the state to encourage improved public education and awareness regarding anatomical gifts of human organs and tissues and to address the ever increasing need for donations of anatomical gifts for the benefit of the citizens of Georgia. (2) Notwithstanding the provisions of paragraph (2) or (3) of subsection (a) of this Code section, each applicant for the issuance, reissuance, or renewal of a Class C, M, A, or B drivers license under paragraph (2) or (3) of subsection (a) of this Code section shall accompany such application with a license fee as established by the commissioner, not to exceed $8.00, if such applicant executes an anatomical gift pursuant to Code Section 40-5-6. (3)(2) The department shall make available to those federally designated organ procurement organizations the name, license number, date of birth, and most recent address of any person who obtains a an organ donor drivers license with the reduced fee provided for in paragraph (2) of this subsection. Information so obtained by such organizations shall be used for the purpose of establishing a state-wide organ donor

FRIDAY, MARCH 11, 2005

2017

registry accessible to organ tissue and eye banks authorized to function as such in this state and shall not be further disseminated."
SECTION 17-7. Said Chapter 5 of Title 40 is further amended in Code Section 40-5-27, relating to examination of applicants, by striking subsections (a), (d), and (e) and inserting in their respective places new subsections 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 An applicant 18 years of age and older with a valid and current licenses license, or a license that has been expired for less than two years, issued by another state of the United States or the District of Columbia who surrender their previous licenses surrenders his or her previous license 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 and other tests required for issuance of a drivers license as provided in this subsection. The department may authorize licensed driver training schools to issue drivers licenses to successful applicants as provided in this subsection. The department shall, prior to approving a licensed driver training school to conduct on-the-road driving tests or issue licenses or both as provided in this subsection, make a determination that the school has been licensed for a minimum of one year two years and has conducted driver education and adult education courses on a full-time basis for such one-year two-year period and that such school meets all other standards which the department may establish as a condition for approval to conduct such tests or issue licenses or both. The department shall authorize a driver training school licensed pursuant to Chapter 13 of Title 43 and approved by the department to administer the

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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 17-8. Said Chapter 5 of Title 40 is further amended by striking Code Section 40-5-28, relating to issuance of drivers licenses, and inserting in its place a new Code section to read as follows:
"40-5-28. (a) The department shall, upon payment of the required fee, issue to every applicant qualifying therefor a drivers license indicating the type or general class of vehicles the licensee may drive, which license shall be upon a form prescribed by the department and which shall bear thereon a distinguishing number assigned to the licensee, a color photograph of the licensee, the licensees full name, either a facsimile of the signature of the licensee or a space upon which the licensee shall write his or her usual signature with a pen and ink immediately upon receipt of the license, and such other information or identification as is required by the department. No license shall be valid until it has been so signed by the licensee. Specifically but without limitation, the department may require applicants to submit fingerprints by means of an inkless fingerprint scanning device upon application. (b) The commissioner shall determine the location and manner of issuance of drivers licenses. Without limiting the generality of the foregoing, it is specifically provided that the commissioner may designate county tag agents as agents of the department for this purpose and may authorize the issuance of drivers licenses by county tag agents."
SECTION 17-9. Said Chapter 5 of Title 40 is further amended in Code Section 40-5-31, relating to replacement permits or licenses, by striking subsection (b) and inserting in its place a new subsection to read as follows:
"(b) The department shall issue a temporary permit or drivers license to each individual who has lost by misplacement, and not by revocation or suspension, his or her instruction permit or drivers license and who has made application under oath on a form furnished by the department which states that the applicant presently has a valid permit or license which has been lost or misplaced. In lieu of the applicants signature on a form, any application for the issuance of a replacement license submitted electronically shall contain an acknowledgment and attestation under penalty of perjury that he or she meets each requirement of this Code section."
SECTION 17-10. Said Chapter 5 of Title 40 is further amended by striking Code Section 40-5-32, relating to drivers license renewal, and inserting in its place a new Code section to read as follows:

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"40-5-32. (a)(1) Every Except as otherwise provided in this Code section, every drivers license shall expire on the licensees birthday in the fourth fifth year following the issuance of such license. Notwithstanding the foregoing, any commercial license that contains an H or X endorsement as defined in subsection (c) of Code Section 40-5-150 shall expire on the date of expiration of the licensees security threat assessment conducted by the Transportation Security Administration of the United States Department of Homeland Security. An applicant for a Class A, B, C, or M noncommercial drivers license who is under age 60 shall at the applicants option apply for a license which shall expire on the licensees birthday in the fifth or tenth year following the issuance of such license. Every such license shall be renewed on or before its expiration upon application, payment of the required fee, and, if applicable, satisfactory completion of the examination required or authorized by subsection (c) of this Code section. (2) Except as otherwise provided by subsection (c) of this Code section, every holder of a veterans or honorary license shall meet the requirements of subsection (c) of this Code section be valid until the holder reaches age 65 and shall thereafter be subject to renewal pursuant to paragraph (1) of this subsection on or before his or her birthday every four five years, beginning from the date on which the holder was last required to take an examination under former Ga. L. 1972, p. 1076, as amended by Ga. L. 1973, pp. 916, 917. The department may allow a veteran or honorary license holder to retain his or her expired veterans or honorary license as a souvenir. (3) The commissioner shall issue such rules and regulations as are required to enforce this subsection.
(b) An application for drivers license renewal may be submitted by means of: (1) Personal appearance before the department; or (2) Subject to rules or regulations of the department which shall be consistent with considerations of public safety and efficiency of service to licensees, means other than such personal appearance which may include without limitation by mail or electronically. The department may by such rules or regulations exempt persons renewing drivers licenses under this paragraph from the license surrender requirement of subsection (c) of Code Section 40-5-20. (c)(1) The department shall require every person who is age 64 or older 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) The commissioner may issue such rules and regulations as are necessary to implement this subsection."
SECTION 17-11. Said Chapter 5 of Title 40 is further amended by striking Code Section 40-5-33, relating to change of address of a licensed driver, and inserting in its place a new Code section to read as follows:
"40-5-33.

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Whenever any person, after applying for or receiving a drivers license, shall move from the address named in such application or in the license issued to him or her or when the name of a licensee is changed by marriage or otherwise, such person shall apply to the department for a license showing the correct name or address within 60 days. Failure to change the name or address shall not deem the license invalid. The commissioner shall designate the locations at which applications shall be accepted for applications due to change of name and shall designate the locations at which applications shall be accepted for applications due to change of address and may designate any locations for such purposes."
SECTION 17-12. Said Chapter 5 of Title 40 is further amended by striking subsection (b) of Code Section 40-5-53, relating to reports of convictions and forwarding of licenses by courts, and inserting in its place a new subsection to read as follows:
"(b) Every court in each county of this state having jurisdiction over offenses committed under this chapter and Chapter 6 of this title or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on highways shall forward to the department, within ten days after the conviction of any person in such court for a violation of any such law other than regulations governing speeding in a noncommercial motor vehicle for which no points are assigned under Code Section 40-5-57, standing, or parking, a uniform citation form authorized by Article 1 of Chapter 13 of this title. Notwithstanding any other provision of this title, in satisfaction of the reporting requirement of this subsection, the courts of this state may shall transmit the information contained on the uniform citation form by electronic means, provided that the department has first given approval to the reporting court for using the electronic reporting method utilized approved by the department. The department shall pay to the clerk of the court forwarding the required report 40 for each report transmitted electronically in a timely manner as required in this subsection and 10 for each report transmitted otherwise; and notwithstanding any general or local law to the contrary, the clerk shall pay such fees over to the general fund of the city or county operating the court. Where a court has not implemented transmittal by electronic means, the commissioner may require such court or courts to submit by electronic means no later than a future date to be determined by the commissioner."
SECTION 17-13. Said Chapter 5 of Title 40 is further amended in Code Section 40-5-57.1, relating to suspension of licenses of young drivers, by striking subsection (b) and inserting in its place a new subsection to read as follows:
"(b) A person whose drivers license has been suspended under subsection (a) of this Code section shall:
(1) Subject to the requirements of subsection (c) of this Code section and except as otherwise provided by paragraph (2) of this subsection:

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(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 40-5-27 and payment of required fees, have his or her drivers license reinstated after six months; 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; or (2)(A) If the drivers license was suspended upon conviction for violation of Code Section 40-6-391, be subject to the provisions of Code Section 40-5-63. (B) If such driver was convicted of driving under the influence of alcohol or of having an unlawful alcohol concentration and is otherwise subject to the provisions of paragraph (1) of subsection (a) of Code Section 40-5-63, then such person shall not be eligible for a limited driving permit under Code Section 40-5-64, and:
(i) If the drivers alcohol concentration at the time of the offense was less than 0.08 grams, he or she shall not be eligible for license reinstatement until the end of six months; or (ii) If the drivers alcohol concentration at the time of the offense was 0.08 grams or more, he or she shall not be eligible for license reinstatement until the end of 12 months. (C) Any driver subject to the provisions of this paragraph shall, as an additional prerequisite for license reinstatement, be required to successfully recomplete the examination requirements of Code Section 40-5-27."
SECTION 17-14. Said Chapter 5 of Title 40 is further amended in said Code Section 40-5-57.1 by adding at the end of the Code section a new subsection (d) to read as follows:
"(d) A suspension provided for in this Code section shall be imposed based on the persons age on the date of the conviction giving rise to the suspension."
SECTION 17-15. Said Chapter 5 of Title 40 is further amended by striking Code Section 40-5-63, relating to certain license suspension periods, and inserting in its place a new Code section to read as follows:
"40-5-63. (a) The drivers license of any person convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391, unless the drivers license has been previously suspended pursuant to Code Sections 40-5-67.1 and 40-5-67.2, shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions; provided, however, that any person convicted of a drug related offense pursuant to Code Section 40-6-391 shall be governed by the suspension requirements of Code Section 40-5-75:

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(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for 12 months. At the end of 120 days, the person may apply to the department for reinstatement of said drivers license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving program approved by the Department of Motor Vehicle Safety department or a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. A drivers license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. For purposes of this paragraph, an accepted plea of nolo contendere to an offense listed in Code Section 40-5-54 by a person who is under 18 years of age at the time of arrest shall constitute a conviction. For the purposes of this paragraph only, an accepted plea of nolo contendere by a person 21 years of age or older, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered a conviction, and the court having jurisdiction shall forward, as provided in Code Section 40-6-391.1, the record of such disposition of the case to the department and the record of such disposition shall be kept on file for the purpose of considering and counting such accepted plea of nolo contendere as a conviction under paragraphs (2) and (3) of this subsection; (2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years. At the end of 120 days, the person may apply to the department for reinstatement of said drivers license; except that if such license was suspended as a result of a second conviction of a violation of Code Section 40-6-391 within five years, the person shall not be eligible to apply for license reinstatement until the end of 18 months. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be

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reinstated if such person submits proof of completion of either a defensive driving program approved by the department or a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. A drivers license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period of time shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions; or (3) Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and said license shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere and all prior accepted pleas of nolo contendere to a charge of violating Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions. (b) The periods of suspension provided for in this Code section shall begin on the date the person is convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391. (c) In all cases in which the department may return a license to a driver prior to the termination of the full period of suspension, the department may require such tests of driving skill and knowledge as it determines to be proper, and the departments discretion shall be guided by the drivers past driving record and performance, and the driver shall pay the applicable restoration fee. In addition to any other requirement the department may impose, a drivers license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid, shall remain suspended, and shall not be returned to such driver or otherwise reinstated until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources. (d) Any person convicted of violating subsection (a) of Code Section 40-6-393, relating to homicide by vehicle, or Code Section 40-6-394, relating to serious injury by

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vehicle, shall have his or her license suspended for a period of three years. Such person shall not be eligible for early reinstatement of said drivers license as provided in this Code section or in Article 4 of this chapter and shall not be eligible for a limited driving permit as provided in Code Section 40-5-64. For purposes of this subsection, an accepted plea of nolo contendere to homicide by vehicle in the first degree or serious injury by vehicle shall constitute a conviction. (e) The drivers license of any person under 21 years of age who is convicted of unlawful possession of alcoholic beverages in violation of Code Section 3-3-23 while operating a motor vehicle may be suspended for a period of not less than 120 days. At the end of 120 days, the person may apply to the department for reinstatement of said drivers license. Such license shall be reinstated only if the person submits proof of completion of an approved DUI Alcohol or Drug Use Risk Reduction Program prescribed by the Department of Human Resources and pays a restoration fee of $35.00 or $25.00 when processed by mail. For purposes of this subsection, a sentence under subsection (c) of Code Section 3-3-23.1 shall not be considered a conviction, and the drivers license of such person shall not be suspended, provided that such person completes a DUI Alcohol or Drug Use Risk Reduction Program within 120 days after sentencing. (f) The drivers license of any person who is convicted of attempting to purchase an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code Section 3-323 upon the first conviction shall be suspended for a period of six months and upon the second or subsequent conviction shall be suspended for a period of one year. At the end of the period of suspension, the person may apply to the department for reinstatement of his or her drivers license. Such license shall be reinstated upon payment of a restoration fee of $35.00 or $25.00 when processed by mail. For purposes of this subsection, a sentence under subsection (c) of Code Section 3-3-23.1 shall not be considered a conviction, and the drivers license of such person shall not be suspended."
SECTION 17-15.1. Said Chapter 5 of Title 40 is further amended in Code Section 40-5-67.2, relating to terms and conditions applicable to certain license suspensions, by striking subsection (a) and inserting in its place a new subsection to read as follows:
"(a) Any drivers license required to be suspended under subsection (c) of Code Section 40-5-67.1 shall be suspended subject to the following terms and conditions:
(1) Upon the first suspension pursuant to subsection (c) of Code Section 40-5-67.1 within the previous five years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for one year. Not sooner than 30 days following the effective date of suspension, the person may apply to the department for reinstatement of his or her drivers license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays

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a restoration fee of $210.00 or $200.00 when processed by mail. A drivers license suspended pursuant to Code Section 40-5-67.1 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. (2) Upon the second suspension pursuant to subsection (c) of Code Section 40-5-67.1 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for three years. The person shall be eligible to apply to the department for license reinstatement not sooner than 18 months following the effective date of suspension. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when processed by mail. A drivers license suspended pursuant to Code Section 40-5-67.1 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. (3) Upon the third or subsequent suspension pursuant to subsection (c) of Code Section 40-5-67.1 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for five years. A drivers license suspended pursuant to Code Section 40-5-67.1 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. The driver may apply for a probationary license pursuant to Code Section 40-5-58 after the expiration of two years from the effective date of suspension."
SECTION 17-16. Said Chapter 5 of Title 40 is further amended in Code Section 40-5-75, relating to suspension of licenses by operation of law, by striking paragraphs (1) and (2) of subsection (a) and subsection (h) and inserting in their respective places new paragraphs and a new subsection to read as follows:
"(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for not less than 180 days. At the end of 180 days, the person may apply to the department for reinstatement of his or her drivers license. Such license shall be reinstated only if the person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays to the Department of Motor Vehicle Safety department a

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restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere by a person to a charge of any drug related offense listed in this subsection shall, except as provided in subsection (c) of this Code section, constitute a conviction; (2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years, provided that after one year from the date of the conviction the person may apply to the department for reinstatement of his or her drivers license by submitting proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and paying to the Department of Motor Vehicle Safety department a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere and all previous pleas of nolo contendere within such five-year period of time shall constitute a conviction; and" "(h) Notwithstanding the provisions of subsection (a) of this Code section, licensed drivers who are 16 years of age who are adjudicated in a juvenile court pursuant to this Code section may, at their option, complete a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources or an assessment and intervention program approved by the juvenile court."
SECTION 17-17. Said Chapter 5 of Title 40 is further amended by striking Code Section 40-5-80, relating to the purpose of the 'Georgia Driver Improvement Act,' and inserting in its place a new Code section to read as follows:
"40-5-80. The purpose of this article, the 'Georgia Driver Improvement Act,' is to improve and promote greater safety upon the highways and streets of this state; to improve the attitude and driving habits of drivers who accumulate traffic accident and motor vehicle conviction records; and to provide uniform DUI Alcohol or Drug Use Risk Reduction Programs for the rehabilitation of persons identified as reckless or negligent drivers and frequent violators. In carrying out this purpose, the Department of Motor Vehicle Safety and the Department of Human Resources, as applicable, Driver Services shall:
(1) Charge a fee for the consideration of applications for approval of driver improvement clinics and instructors. The amount of this fee shall be established by the commissioner of motor vehicle safety and shall, as best as the commissioner shall determine, approximate the expense incurred by the Department of Motor Vehicle Safety department in consideration of an application. These licenses and each renewal thereof shall be valid for a period of four years unless suspended or revoked prior to the expiration of that time period; and (2) Require, in addition to the criteria established by the commissioner for approval of driver improvement clinics established by the commissioner of motor vehicle safety and DUI Alcohol or Drug Use Risk Reduction Programs established by the

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Department of Human Resources, as provided in subsections (a) and (e) of Code Section 40-5-83, respectively, that every driver improvement clinic and DUI Alcohol or Drug Use Risk Reduction Program shall, as a condition of approval, provide a continuous surety company bond for the protection of the contractual rights of students in such form as will meet with the approval of the Department of Motor Vehicle Safety or the Department of Human Resources, as applicable department, and written by a company authorized to do business in this state. The principal sum of the bond shall be established by the commissioner of motor vehicle safety or the Board of Human Resources, as applicable; however, in no event shall this amount be less than $2,500.00 $10,000.00 per location, and a single bond at such rate may be submitted for all locations under the same ownership. If at any time said bond is not valid and in force, the license of the clinic or program shall be deemed suspended by operation of law until a valid surety company bond is again in force."
SECTION 17-18. Said Chapter 5 of Title 40 is further amended in Code Section 40-5-81, relating to selection of driver improvement programs, by striking subsection (c) and inserting in its place a new subsection to read as follows:
"(c) It shall be unlawful for the owner, agent, servant, or employee of any driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program licensed by the Department of Motor Vehicle Safety or the Department of Human Resources department to directly or indirectly solicit business by personal solicitation on public property, by phone, or by mail. A violation of this subsection shall be a misdemeanor. Advertising in any mass media, including, but not limited to, newspapers, radio, television, magazines, or telephone directories by a driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program shall not be considered a violation of this subsection."
SECTION 17-19. Said Chapter 5 of Title 40 is further amended by striking Code Section 40-5-82, relating to administration of the Driver Improvement Program, and inserting in its place a new Code section to read as follows:
"40-5-82. (a) The Driver Improvement Program created by this article shall be administered by the commissioner of motor vehicle safety. The commissioner is authorized to promulgate and adopt rules and regulations necessary to carry out this article. (b) For the purpose of generating greater interest in highway safety, the commissioner may solicit the assistance of local governmental authorities, associations, societies, clubs, schools, colleges, and other organizations or persons knowledgeable in highway safety driving standards to participate in conjunction with the department in the development of local driver improvement programs and in conducting driver improvement classes.

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(c) The Department of Human Resources department is designated as the agency responsible for the approval and certification of DUI Alcohol or Drug Use Risk Reduction Programs and staff. This responsibility includes selection of the assessment instrument, development of the intervention curricula, training of program staff, and monitoring of all DUI Alcohol or Drug Use Risk Reduction Programs under this article. (d) All DUI Alcohol or Drug Use Risk Reduction Program records including, but not limited to, assessment results and other components attended shall be confidential and shall not be released without the written consent of the DUI offender, except that such records shall be made available to the Department of Human Resources and the Department of Motor Vehicle Safety. Driver Services. The provision of assessments to the Department of Human Resources shall be according to an interagency agreement between the Department of Driver Services and the Department of Human Resources, and the agreement may provide for assessment fees to be transmitted to the Department of Human Resources. (e) The Department of Human Resources department shall conduct a records check for any applicant for certification as an operator or instructor of a DUI Alcohol or Drug Use Risk Reduction Program. Each applicant shall submit two sets of classifiable fingerprints to the department. The department shall transmit both sets of fingerprints to the Georgia Crime Information Center, which shall submit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain one set and promptly conduct a search of state records. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified. No applicant shall be certified who has previously been convicted of a felony. The department shall promulgate rules and regulations regarding certification requirements, including restrictions regarding misdemeanor convictions."
SECTION 17-20. Said Chapter 5 of Title 40 is further amended in Code Section 40-5-83, relating to establishment, approval, and operation of clinics, by striking paragraph (1) of subsection (a), paragraph (3) of subsection (b), and subsection (e) and inserting in their respective places new paragraphs and a new subsection to read as follows:
"(a)(1) The commissioner of motor vehicle safety shall establish criteria for the approval of driver improvement clinics. To be approved, a clinic shall provide and operate either a defensive driving course, an advanced defensive driving course, or a professional defensive driving course or any combination thereof. Clinics shall be composed of uniform education and training programs consisting of six hours of instruction designed for the rehabilitation of problem drivers. The commissioner shall establish standards and requirements concerning the contents of courses, qualifications of instructors, attendance requirements for students, and examinations. Approved clinics shall charge a fee of $75.00 for a defensive driving course, an advanced defensive driving course, or a professional defensive driving course; except that such clinics may charge different fees of their own choosing if the person is not

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enrolling in such course pursuant to court order or department requirement. No clinic shall be approved unless such clinic agrees in writing to allow the examination and audit of the books, records, and financial statements of such clinic. Clinics may be operated by any individual, partnership, corporation, association, civic group, club, county, municipality, board of education, school, or college." "(3) Driving under the influence and alcohol and drug programs, clinics, and courses outside of the State of Georgia shall not be required to comply with the provisions of subsection (e) of this Code section; provided, however, that the department shall not accept certificates of completion from any such program, clinic, or course unless said program, clinic, or course has been certified by the Department of Human Resources department as substantially conforming, with respect to course content, with the standards and requirements promulgated by the Department of Human Resources department under subsection (e) of this Code section. Certificates of completion from an out-of-state program, clinic, or course not so certified by the Department of Human Resources department may be accepted only for the purpose of permitting persons who are not residents of the State of Georgia to reinstate nonresident operating privileges." "(e) The Department of Human Resources department is designated as the agency responsible for establishing criteria for the approval of DUI Alcohol or Drug Use Risk Reduction Programs. An applicant must meet the certification criteria promulgated by the Department of Human Resources department through its standards and must provide the following services: (1) the assessment component and (2) the intervention component. The Department of Human Resources department is designated as the agency responsible for establishing rules and regulations concerning the contents and duration of the components of DUI Alcohol or Drug Use Risk Reduction Programs, qualifications of instructors, attendance requirements for students, examinations, and program evaluations. Qualified instructors shall be certified for periods of four years each, which may be renewed. Approved DUI Alcohol or Drug Use Risk Reduction Programs shall charge a fee of $75.00 for the assessment component and $190.00 for the intervention component. An additional fee for required student program materials shall be established by the Department of Human Resources department in such an amount as is reasonable and necessary to cover the cost of such materials. No DUI Alcohol or Drug Use Risk Reduction Program shall be approved unless such clinic agrees in writing to submit reports as required in the rules and regulations of the Department of Human Resources department and to allow the examination and audit of the books, records, and financial statements of such DUI Alcohol or Drug Use Risk Reduction Program by the Department of Human Resources department or its authorized agent. DUI Alcohol or Drug Use Risk Reduction Programs may be operated by any public, private, or governmental entity; provided, however, that, except as otherwise provided in this subsection, in any political subdivision in which a DUI Alcohol or Drug Use Risk Reduction Program is operated by a private entity, whether for profit or nonprofit, neither the local county board of health nor any other governmental entity shall fund any new programs in that area. Programs currently in

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existence which are operated by local county boards of health or any other governmental entities shall be authorized to continue operation. New programs may be started in areas where no private DUI Alcohol or Drug Use Risk Reduction Programs have been made available to said community. The Department of Corrections is authorized to operate DUI Alcohol or Drug Use Risk Reduction Programs in its facilities where offenders are not authorized to participate in such programs in the community, provided that such programs meet the certification criteria promulgated by the Department of Human Resources Driver Services. All such programs operated by the Department of Corrections shall be exempt from all fee provisions established in this subsection specifically including the rebate of any fee for the costs of administration. No DUI Alcohol or Drug Use Risk Reduction Program will be approved unless such clinic agrees in writing to pay to the state, for the costs of administration, a fee of $15.00, for each offender assessed or each offender attending for points reduction, provided that nothing in this Code section shall be construed so as to allow the Department of Human Resources department to retain any funds required by the Constitution of Georgia to be paid into the state treasury; and provided, further, that the Department of Human Resources department shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such miscellaneous funds."
SECTION 17-21. Said Chapter 5 of Title 40 is further amended by striking Code Section 40-5-88, relating to administrative penalties, and inserting in its place a new Code section to read as follows:
"40-5-88. (a) As an alternative to criminal or other civil enforcement, the commissioner of motor vehicle safety or the commissioner of human resources, whichever is applicable, in order to enforce this article or any orders, rules, or regulations promulgated pursuant to this article, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever that the commissioner, after a hearing, determines that any person, firm, or corporation has violated any provisions of this article or any regulations or orders promulgated under this article. Notwithstanding the foregoing, violations that are minor in nature and committed by a person, firm, or corporation shall be punished only by a written reprimand unless the person, firm, or corporation fails to remedy the violation within 30 days, in which case an administrative fine, not to exceed $250.00, may be issued. (b) The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person, firm, or corporation who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of either the commissioner of motor vehicle safety or the commissioner of human resources shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this Code section

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shall be paid into the state treasury. The commissioner of motor vehicle safety or the commissioner of human resources, as appropriate, may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of such the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to such commissioner with respect to any violation of this article or any order, rules, or regulations promulgated pursuant to this article."
SECTION 17-22. Said Chapter 5 of Title 40 is further amended in Code Section 40-5-142, relating to definitions applicable to the 'Uniform Commercial Drivers License Act,' by striking paragraph (7) and inserting in its place a new paragraph to read as follows:
"(7) 'Commercial motor vehicle' means a motor vehicle designed or used to transport passengers or property:
(A) If the vehicle has a gross vehicle weight rating of 26,001 or more pounds or such lesser rating as determined by federal regulation; (B) If the vehicle is designed to transport 16 or more passengers, including the driver; or (C) If the vehicle is transporting hazardous materials and is required to be placarded in accordance with the Motor Carrier Safety Rules prescribed by the United States Department of Transportation, Title 49 C.F.R. Part 172, subpart F; provided, however, that for the purposes of this article, no agricultural vehicle, military vehicle operated by military personnel, recreational vehicle, or fire-fighting or emergency equipment vehicle shall be considered a commercial vehicle. As used in this paragraph, the term 'agricultural vehicle' means a farm vehicle which is controlled and operated by a farmer; used to transport agricultural products, farm machinery, or farm supplies to or from a farm; and operated within 150 miles of such persons farm; which vehicle is not used in the operations of a common or contract motor carrier. Any other waiver by the Federal Highway Administration pursuant to Federal Law 49 C.F.R. Parts 383, 391, RIN 2125-AB 68, of the United States Department of Transportation shall supersede state law in authorizing the Department of Motor Vehicle Safety Driver Services to exempt said classes."
SECTION 17-23. Said Chapter 5 of Title 40 is further amended in Code Section 40-5-100, relating to issuance of identification cards, by striking subsection (b) and inserting in its place a new

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subsection to read as follows: (b) The identification card shall be valid for four a period of five or ten years, at the option of the applicant, and shall bear the signatures of the commissioner and the Governor and shall bear an identification card number which shall not be the same as the social security number, unless the person specifically requests that the social security number be used, or, in the case of an individual who is not a citizen of the United States, the passport number of the person identified or any number the department deems necessary to implement this Code section."
SECTION 17-24. Said Chapter 5 of Title 40 is further amended by striking Code Section 40-5-103, relating to fees for issuance of identification cards, and inserting in its place a new Code section to read as follows:
"40-5-103. (a) Except as provided in subsections (b) and (c) of this Code section, the department shall collect a fee of $10.00 for the identification card $20.00 for a five-year card and a fee of $35.00 for a ten-year card, which fee shall be deposited in the state treasury in the same manner as other motor vehicle drivers license fees. (b) The department shall collect a fee of $5.00 for the identification card for all persons who are referred by a nonprofit organization which organization has entered into an agreement with the department whereby such organization verifies that the individual applying for such identification card is indigent. The department shall enter into such agreements and shall adopt rules and regulations to govern such agreements. (c) The department shall not be authorized to collect a fee for an identification card from those persons who are entitled to a free veterans drivers license under the provisions of Code Section 40-5-36. (d) The commissioner may by rule authorize incentive discounts where identification cards are renewed by Internet, telephone, or mail."
PART XVIII Amendments to Chapter 40-6.
Uniform rules of the road. SECTION 18-1.
Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, is amended in Code Section 40-6-10, relating to insurance requirements for operation of motor vehicles generally, by striking paragraph (3) of subsection (a) and inserting in its place a new paragraph to read as follows:
"(3) On and after January 1, 2004 July 1, 2005, the requirement under this Code section that proof or evidence of minimum liability insurance be maintained in a motor vehicle at all times during the operation of the vehicle shall not apply to the owner or operator of any vehicle for which the records or data base of the Department

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of Motor Vehicle Safety Driver Services indicates that required minimum insurance coverage is currently effective."
SECTION 18-2. Said Chapter 6 of Title 40 is further amended by striking Code Section 40-6-12, relating to proof of financial responsibility after failure to maintain insurance, and inserting in its place a new Code section to read as follows:
"40-6-12. (a) Any person convicted of a second or subsequent violation of Code Section 40-6-10 within a five-year period, as measured from date of arrest to date of arrest, shall be required to file with the Department of Motor Vehicle Safety Driver Services and maintain for a period of three years from the date of conviction proof of financial responsibility, as such term is defined in paragraph (5) of Code Section 40-9-2, in addition to any other punishment. (b) If the proof of financial responsibility filed in accordance with subsection (a) of this Code section is based upon a policy issued by an insurance company, such insurer may not cancel the policy until the Department of Motor Vehicle Safety Driver Services is given at least 30 days prior written notice of such cancellation."
SECTION 18-3. Said Chapter 6 of Title 40 is further amended in Code Section 40-6-142, relating to vehicles required to stop at railroad crossings, by striking subsection (a) and inserting in its place a new subsection to read as follows:
"(a) Except as provided in subsection (b) of this Code section, the driver of any motor vehicle carrying passengers for hire, any bus, whether or not operated for hire, or of any school bus, whether carrying any school children or empty, or of any vehicle carrying any hazardous material listed in Section 392.10 of Title 49 of the Code of Federal Regulations as those regulations currently exist or as they may in the future be amended or in regulations adopted by the commissioner of motor vehicle safety public safety, before crossing at grade any track or tracks of a railroad, shall stop such vehicle within 50 feet but not less than 15 feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train and shall not proceed until he or she can do so safely. After stopping as required in this Code section and upon proceeding when it is safe to do so, the driver of any such vehicle shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing, and the driver shall not shift gears while crossing the track or tracks."
SECTION 18-4. Said Chapter 6 of Title 40 is further amended in Code Section 40-6-221, relating to definitions applicable to handicapped parking, by striking paragraph (1) and inserting in its place a new paragraph to read as follows:

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"(1) 'Counterfeit' means any copy of any kind of parking permit for persons with disabilities which is not authorized by and does not carry the official seal of the Department of Motor Vehicle Safety Driver Services."
SECTION 18-5. Said Chapter 6 of Title 40 is further amended in Code Section 40-6-222, relating to handicapped parking permits, by striking subsection (a) and inserting in its place a new subsection to read as follows:
"(a) The Department of Motor Vehicle Safety Driver Services shall issue parking permits for persons with disabilities at every place where it issues drivers licenses and may delegate responsibility for issuance of such permits to county tag agents. The department shall also receive applications for and issue parking permits for persons with disabilities by mail and shall by regulation require such proof of disability or incapacity as is necessary to issue such permits by mail. Permits shall be in such form as the department prescribes but shall be of sufficient size and sufficiently distinctively marked to be easily visible when placed on or affixed to the drivers side of the dashboard or hung from the rearview mirror of the parked vehicle. Permits shall be made of plastic or heavyweight cardboard and shall be of sufficient quality to ensure that the coloring of the permit and the ink used thereon will resist fading for a period of at least four years. Permits shall be issued to individuals, and the name of the individual and an identification number shall appear on the permit. The individual to whom a permit is issued may use the permit for any vehicle he or she is operating or in which he or she is a passenger. Permits shall also be issued to institutions when the primary purpose of a vehicle operated by the institution is to transport individuals with disabilities. The name of the institution, the license number of the particular vehicle, and an identification number shall appear on the permit. The institution may use such permit only for a vehicle which is operated by the institution and which is used primarily to transport individuals with disabilities."
SECTION 18-6. Said Chapter 6 of Title 40 is further amended by striking Code Section 40-6-223, relating to absence of fees for handicapped parking permits, and inserting in its place a new Code section to read as follows:
"40-6-223. The Department of Motor Vehicle Safety Driver Services and county tag agents shall not charge or collect any fee for issuing parking permits for persons with disabilities under this part."
SECTION 18-7. Said Chapter 6 of Title 40 is further amended in Code Section 40-6-253.1, relating to transportation of etiologic agents, by striking subsections (b) and (c) and inserting in their place new subsections to read as follows:
"(b) The transportation of infectious substances and regulated medical waste, including

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but not limited to the marking of packages and marking or placarding of vehicles with appropriate warnings, shall comply with the requirements of the federal Hazardous Material Regulations published in Title 49 of the Code of Federal Regulations as those regulations currently exist or may in the future be amended and with compatible regulations adopted or promulgated by the commissioner of motor vehicle safety public safety. (c) Nurses, physicians, and other health care professionals may utilize all applicable exceptions contained in federal regulations and in the regulations of the Department of Motor Vehicle Safety Public Safety when transporting infectious substances."
SECTION 18-8. Said Chapter 6 of Title 40 is further amended by striking Code Section 40-6-277, relating to reporting of fatal accidents, and inserting in its place a new Code section to read as follows:
"40-6-277. Every sheriff and chief executive officer of a law enforcement agency other than a sheriff shall, on or before the tenth day of each month, report in writing to the Department of Motor Vehicle Safety Transportation the death of any person within their jurisdiction during the preceding calendar month as the result of a traffic accident known to them, giving the time and place of the accident and the circumstances relating thereto, in the manner specified by the commissioner of motor vehicle safety transportation."
SECTION 18-9. Said Chapter 6 of Title 40 is further amended by striking Code Section 40-6-278, relating to reporting of motor vehicle accidents, and inserting in its place a new Code section to read as follows:
"40-6-278. The commissioner of motor vehicle safety transportation shall prescribe, by rule, uniform motor vehicle accident reports and reporting procedures which shall be used by all police officers, whether state, county, or municipal. The rules shall be adopted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The rules may require one type of report and reporting procedure for motor vehicle accidents in which property damage alone is involved and another type of report and reporting procedure for motor vehicle accidents involving personal injury or death. The commissioner may, by rule, require additional investigation or reports in case of serious bodily injury or death."
SECTION 18-10. Said Chapter 6 of Title 40 is further amended in Code Section 40-6-296, relating to bicycle safety standards, by striking subsection (a) and inserting in its place a new subsection to read as follows:

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"(a) Every bicycle when in use at nighttime shall be equipped with a light on the front which shall emit a white light visible from a distance of 300 feet to the front and with a red reflector on the rear of a type approved by the Department of Motor Vehicle Public Safety which shall be visible from a distance of 300 feet to the rear when directly in front of lawful upper beams of headlights on a motor vehicle. A light emitting a red light visible from a distance of 300 feet to the rear may be used in addition to the red reflector."
SECTION 18-11. Said Chapter 6 of Title 40 is further amended by striking Code Section 40-6-315, relating to motorcycle safety standards, and inserting in its place a new Code section to read as follows:
"40-6-315. (a) No person shall operate or ride upon a motorcycle unless he or she is wearing protective headgear which complies with standards established by the commissioner of motor vehicle public safety. (b) No person shall operate or ride upon a motorcycle if the motorcycle is not equipped with a windshield unless he or she is wearing an eye-protective device of a type approved by the commissioner of motor vehicle public safety. (c) This Code section shall not apply to persons riding within an enclosed cab or motorized cart. This Code section shall not apply to a person operating a three-wheeled motorcycle used only for agricultural purposes. (d) The commissioner of motor vehicle public safety is authorized to approve or disapprove protective headgear and eye-protective devices required in this Code section and to issue and enforce regulations establishing standards and specifications for the approval thereof. The commissioner shall publish lists of all protective headgear and eye-protective devices by name and type which have been approved by it."
SECTION 18-12. Said Chapter 6 of Title 40 is further amended by striking Code Section 40-6-316, relating to promulgation of motorcycle safety rules, and inserting in its place a new Code section to read as follows:
"40-6-316. The commissioner of motor vehicle public safety is authorized to promulgate rules and regulations to carry this part into effect and to establish regulations for safety standards for the operation of motorcycles."
SECTION 18-13. Said Chapter 6 of Title 40 is further amended by striking Code Section 40-6-330, relating to motorized cart equipment regulations, and inserting in its place a new Code section to read as follows:
"40-6-330.

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Motorized carts may be operated on streets only during daylight hours unless they comply with the equipment regulations promulgated by the commissioner of motor vehicle public safety."
SECTION 18-14. Said Chapter 6 of Title 40 is further amended by striking Code Section 40-6-352, relating to moped safety standards, and inserting in its place a new Code section to read as follows:
"40-6-352. (a) No person shall operate or ride as a passenger upon a moped unless he or she is wearing protective headgear which complies with standards established by the commissioner of motor vehicle public safety. The commissioner in determining such standards shall consider the size, speed, and operational characteristics of the moped. Such standards need not necessarily be the same as for motorcyclists; however, any moped operator wearing an approved motorcycle helmet shall be deemed in compliance with this subsection. Operators of electric assisted bicycles may wear a properly fitted and fastened bicycle helmet which meets the standards of the American National Standards Institute or the Snell Memorial Foundations Standards for Protective Headgear for Use in Bicycling, rather than a motorcycle helmet. (b) The commissioner of motor vehicle public safety is authorized to approve or disapprove protective headgear for moped operators and to issue and enforce regulations establishing standards and specifications for the approval thereof. He or she shall publish lists by name and type of all protective headgear which have been approved by him or her."
SECTION 18-15. Said Chapter 6 of Title 40 is further amended by striking Code Section 40-6-354, relating to promulgation of moped safety rules, and inserting in its place a new Code section to read as follows:
"40-6-354. The commissioner of motor vehicle public safety is authorized to promulgate rules and regulations to carry this part into effect and is authorized to establish regulations for safety equipment or standards for the operation of mopeds."
SECTION 18-15.1. Said Chapter 6 of Title 40 is further amended in Code Section 40-6-391, relating to driving under the influence, by striking subparagraphs (c)(1)(D), (c)(2)(D), and (c)(3)(D) and inserting in their respective places new subparagraphs to read as follows:
"(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources Driver Services. The sponsor of any such program shall provide written notice of such approval to the person upon enrollment in the program; and"

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"(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources Driver Services. The sponsor of any such program shall provide written notice of such approval to the person upon enrollment in the program; and" "(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources Driver Services. The sponsor of any such program shall provide written notice of such approval to the person upon enrollment in the program; and"
SECTION 18-16. Said Chapter 6 of Title 40 is further amended in Code Section 40-6-391.1, relating to nolo contendere pleas in driving under the influence cases, by striking subsections (b) through (e) and inserting in their place new subsections to read as follows:
"(b) If the defendant has not been convicted of or had a plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years and if the plea of nolo contendere shall be used as provided in paragraph (1) of subsection (a) of Code Section 40-5-63, no such plea shall be accepted unless, at a minimum, the following conditions are met:
(1) The defendant has filed a verified petition with the court requesting that such plea be accepted and setting forth the facts and special circumstances necessary to enable the judge to determine that accepting such plea is in the best interest of justice; and (2) The judge has reviewed the defendants driving records that are on file with the Department of Motor Vehicle Safety Driver Services. (c) The judge, as part of the record of the disposition of the charge, shall set forth, under seal of the court, his or her reasons for accepting the plea of nolo contendere. (d) The record of the disposition of the case, including the ruling required in subsection (c) of this Code section, shall be forwarded to the Department of Motor Vehicle Safety Driver Services within ten days after disposition. (e) If a plea of nolo contendere is accepted under the conditions set forth in subsection (b) of this Code section, the defendants drivers license shall be forwarded to the Department of Motor Vehicle Safety Driver Services as provided in subsection (c) of Code Section 40-5-67."
PART XIX Amendments to Chapter 40-8. Equipment and inspection of motor vehicles.
SECTION 19-1.
Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles, is amended by striking Code Section 40-8-2, relating to motor vehicle safety standards, and inserting in its place a new Code section to read as follows:
"40-8-2.

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In addition to the requirements of this article, the commissioner of motor vehicle public safety, as to the motor vehicles within the jurisdiction of the Department of Motor Vehicle Public Safety, shall have the authority to promulgate rules designed to promote safety pursuant to the provisions of Chapter 16 of this title and Chapter 7 of Title 46. Any such rules promulgated or deemed necessary by the commissioner shall include the following: every motor unit and all parts thereof shall be maintained in a safe condition at all times. The lights, brakes, and equipment shall meet such safety requirements as the commissioner shall promulgate from time to time."
SECTION 19-2. Said Chapter 8 of Title 40 is further amended in Code Section 40-8-50, relating to safety standards for brakes, by striking paragraph (8) of subsection (e) and inserting in its place a new paragraph to read as follows:
"(8) For vehicles used for commercial purposes, the vehicle or combination of vehicles is used only in intrastate commerce and complies in all other respects with licensing, insurance, registration, identification, driver and vehicle safety, and hazardous materials regulations of the Department of Motor Vehicle Safety Public Safety and United States Department of Transportation applicable to such vehicles or combination of vehicles."
SECTION 19-3. Said Chapter 8 of Title 40 is further amended in Code Section 40-8-73.1, relating to affixing of materials which reduce light transmission through windows or windshields, by striking subsection (d) and inserting in its place a new subsection to read as follows:
"(d) The Department of Motor Vehicle Public Safety may, upon application from a person required for medical reasons to be shielded from the direct rays of the sun and only if such application is supported by written attestation of such fact from a person licensed to practice medicine under Chapter 34 of Title 43, issue an exemption from the provisions of this Code section for any motor vehicle owned by such person or in which such person is a habitual passenger. The exemption shall be issued with such conditions and limitations as may be prescribed by the Department of Motor Vehicle Public Safety."
SECTION 19-4. Said Chapter 8 of Title 40 is further amended in Code Section 40-8-76.1, relating to use of safety belts in passenger vehicles, by striking paragraphs (2) and (3) of subsection (e) and inserting in their place new paragraphs to read as follows:
"(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

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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 Driver Services. (3) Each minor 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 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 Driver Services."
SECTION 19-5. Said Chapter 8 of Title 40 is further amended in Code Section 40-8-78, relating to motor vehicle safety glazing, by striking subsections (a) and (d) and inserting in their respective places new subsections to read as follows:
"(a) No person shall sell any motor vehicle manufactured after January 1, 1954, nor shall any such motor vehicle be registered unless such vehicle is equipped with safety glazing materials of a type approved by the commissioner of motor vehicle public safety wherever glazing materials are used in doors, windows, and windshields. The provisions of this Code section shall apply to all passenger-type motor vehicles, including passenger buses and school buses, but in respect to trucks, including truck tractors, the requirements as to safety glazing materials shall apply to all glazing materials used in doors, windows, and windshields in the drivers compartments of such vehicles." "(d) The commissioner of motor vehicle public safety shall compile and publish a list of types of glazing materials by name approved by him or her as meeting the requirements of this Code section and the commissioner shall not register any motor vehicle which is subject to the provisions of this Code section unless it is equipped with an approved type of safety glazing materials, and he or she shall thereafter suspend the registration of any motor vehicle so subject to this Code section which he or she finds is not so equipped until it is made to conform to the requirements of this Code section."
SECTION 19-6. Said Chapter 8 of Title 40 is further amended in Code Section 40-8-92, relating to designation of emergency vehicles and use of flashing or revolving lights, by striking subsection (a) and inserting in its place a new subsection to read as follows:
"(a) All emergency vehicles shall be designated as such by the commissioner of motor vehicle public safety. The commissioner shall so designate each vehicle by issuing to such vehicle a permit to operate flashing or revolving emergency lights of the appropriate color. Such permit shall be valid for one year from the date of issuance;

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provided, however, that permits for vehicles belonging to federal, state, county, or municipal governmental agencies shall be valid for five years from the date of issuance. Any and all officially marked law enforcement vehicles as specified in Code Section 40-8-91 shall not be required to have a permit for the use of a blue light. Any and all fire department vehicles which are distinctly marked on each side shall not be required to have a permit for the use of a red light."
SECTION 19-7. Said Chapter 8 of Title 40 is further amended by striking Code Section 40-8-95, relating to promulgation of certain safety standards, and inserting in its place a new Code section to read as follows:
"40-8-95. The commissioner of motor vehicle public safety shall implement any and all provisions of Code Sections 40-8-90, 40-8-92, and 40-8-93 by the promulgation of necessary rules and regulations."
SECTION 19-8. Said Chapter 8 of Title 40 is further amended in Code Section 40-8-220, relating to inspection of public school buses, by striking subsections (a) and (f) and inserting in their respective places new subsections to read as follows:
"(a) Every school bus which is defined by paragraph (55) of Code Section 40-1-1 which is owned or operated by a state, county, or municipal government or under contract by any independent school system shall be inspected annually, or more frequently at the discretion of the commissioner of motor vehicle public safety, under the supervision of an employee of the Department of Motor Vehicle Public Safety." "(f) The commissioner of motor vehicle public safety is authorized to implement any and all provisions of this Code section by the promulgation of necessary rules and regulations. When duly promulgated and adopted, all rules and regulations issued pursuant to this Code section shall have the force of law."
PART XX Amendments to Chapter 40-9. The "Motor Vehicle Safety Responsibility Act."
SECTION 20-1.
Chapter 9 of Title 40 of the Official Code of Georgia Annotated, the "Motor Vehicle Safety Responsibility Act," is amended by striking in its entirety Article 1, relating to general provisions of the Act, and inserting in its place a new article to read as follows:
"ARTICLE 1
40-9-1. This chapter shall be known and may be cited as the 'Motor Vehicle Safety Responsibility Act.'

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40-9-2. As used in this chapter, the term:
(1) 'Accident' means the collision of any motor vehicle with another vehicle or with any object or fixture, or involvement of a motor vehicle in any manner in which any person is killed or injured or in which damage to the property of any one person to an extent of $500.00 or more is sustained. (2) 'Commissioner' means the commissioner of motor vehicle safety driver services. (3) 'Department' means the Department of Motor Vehicle Safety Driver Services. (4) 'Operator' means every person who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle. (5) 'Proof of financial responsibility' means proof of ability to respond in damages for liability on account of accidents occurring subsequent to the effective date of said proof in the amounts specified in subparagraph (a)(1)(A) of Code Section 33-7-11. (6) 'Registration' means the registration certificates and registration plates issued under the laws of this state pertaining to the registration of vehicles. (7) 'Suspension of drivers license' means the temporary withdrawal by formal action of the department of a residents license or nonresidents privilege to operate a motor vehicle on the public highways.
40-9-3. (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 suitable forms requisite or deemed necessary for the purposes of this chapter. (b) The commissioner shall provide for hearings upon request of persons aggrieved by orders or acts of the commissioner under this chapter. Such hearings shall not be subject to the procedural provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (c) The commissioner is authorized to adopt and enforce rules and regulations necessary for the administration of such hearings, including but not limited to, hearings provided in Code Section 40-9-32. Except as provided in Code Section 40-9-32, a request for a hearing under this chapter shall not operate as a stay of any order or act of the commissioner. (d) The commissioners decision as rendered at such hearing shall be final unless the aggrieved person shall desire an appeal, in which case he or she shall have the right to enter an appeal to the superior court of the county of his or her residence or the Superior Court of Fulton County by filing a complaint in the superior court, naming the commissioner as defendant, within 30 days from the date the commissioner enters his or her decision or order. The appellant shall not be required to post any bond nor pay the costs in advance. If the aggrieved person desires, the appeal may be heard by the judge at term or in chambers or before a jury at the first term. The hearing on the appeal shall be de novo. However, such appeal shall not act as a supersedeas of any order or

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acts of the commissioner, nor shall the appellant be allowed to operate or permit a motor vehicle to be operated in violation of any suspension or revocation by the commissioner while such appeal is pending.
40-9-4. This chapter shall not apply with respect to any motor vehicle owned by the United States, the State of Georgia, any political subdivision of this state, or any municipality therein, or any motor carrier required by any other law to file evidence of insurance or other surety. Code Sections 40-9-81, 40-9-7, 40-9-6 through 40-9-8, and 40-9-12 shall apply as to the operator of such motor vehicles. All provisions of this chapter shall apply to the operator of such motor vehicles while on unofficial business.
40-9-5. (a) If the operator or the owner of a vehicle involved in an accident in this state has no license or registration, such operator shall not be allowed a license nor shall such owner be allowed to register any vehicle until he or she has complied with the requirements of this chapter to the same extent that would be necessary if, at the time of the accident, he or she had held a license or been the owner of a vehicle registered in this state. (b) When a nonresidents operating privilege is suspended pursuant to Code Section 40-9-33 or 40-9-61, the department shall transmit a certified copy of the record of such action to the official in charge of the issuance of licenses and registration certificates in the state in which such nonresident resides, if the law of such other state provides for action in relation thereto similar to that provided for in subsection (c) of this Code section. (c) Upon receipt of a certification that the operating privilege of a resident of this state has been suspended in another state pursuant to a law providing for its suspension for failure to deposit security for the payment of judgments arising out of a motor vehicle accident, under circumstances which would require the department to suspend a nonresidents operating privilege had the accident occurred in this state, the department shall suspend the license of such resident and such residents vehicle registration if he was the owner or operator of a motor vehicle involved in the accident. Such suspension shall continue until such resident furnishes evidence of his or her compliance with the laws of such other state relating to the showing of proof of financial responsibility, or reinstatement of operating or registration privilege.
40-9-6. Reserved. (a) If an owners vehicle registration has been suspended under this chapter, such registration shall not be transferred nor shall the vehicle in respect to which such registration was issued be registered in any other name until the department is satisfied that such transfer of registration is proposed in good faith and not for the purpose or with the effect of defeating the purposes of this chapter. (b) Nothing in this Code section shall in any way affect the rights of any conditional vendor, chattel mortgagee, or lessor of a vehicle registered in the name of another as

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owner who becomes subject to this chapter.
40-9-7. (a) Any person whose drivers license or vehicle registration shall have been suspended under any provision of this chapter shall immediately return his or her license and registration to the department. If any person shall fail to return such license or registration to the department, the department shall direct any peace officer to secure possession thereof and to return it to the department. (b) Any person willfully failing to return his or her drivers license or registration as required in subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500.00 or by imprisonment for not more than 30 days, or by both such fine and imprisonment.
40-9-8. Any person whose drivers license, vehicle registration, or nonresidents operating privilege has been suspended under this chapter and who, during such suspension, drives any motor vehicle upon any highway or knowingly permits any motor vehicle owned by such person to be operated by another upon any highway, except where permitted under this chapter, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment for not less than five days nor more than six months and there may be imposed in addition thereto a fine of not more than $500.00.
40-9-9. Whenever a drivers license or vehicle registration is suspended under any provisions of this chapter and the filing of proof of financial responsibility is made a prerequisite to reinstatement of such license or registration or both, no such license or registration shall be reinstated unless the driver or owner, in addition to complying with the other provisions of this chapter, pays to the department a fee of $25.00. Only one such fee shall be paid by any one person irrespective of the number of licenses and registrations to be reinstated. The fees paid pursuant to this Code section shall be expendable receipts to be used only by the department toward the cost of administration of this chapter.
40-9-10. This chapter shall in no respect be considered as a repeal of the state motor vehicle laws but shall be construed as supplemental thereto.
40-9-11. Nothing in this chapter shall be construed as preventing the plaintiff in any action at law from relying for relief upon the other processes provided by law.
40-9-12. Any person who shall violate any provision of this chapter for which no penalty is

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otherwise provided shall be guilty of a misdemeanor."
SECTION 20-2. Said Chapter 9 of Title 40 is further amended by striking Code Sections 40-9-30, relating to fees for accident reports, 40-9-31, relating to submitting accident reports, 40-9-32, relating to determination of requirement of security, and 40-9-33, relating to suspension of license and registration for noncompliance, and inserting in their place new Code sections to read as follows:
"40-9-30. The department Department of Transportation shall charge a fee of $5.00 for each copy of any accident report received and maintained by the that department pursuant to Code Section 40-6-273.
40-9-31. Each state and local law enforcement agency shall submit to the Department of Motor Vehicle Safety Transportation the original document of any accident report prepared by such law enforcement agency or submitted to such agency by a member of the public. If the Department of Driver Services receives a claim requesting determination of security, the Department of Transportation shall provide a copy or an electronic copy of any relevant accident reports to the Department of Driver Services. A law enforcement agency may transmit the information contained on the accident report form by electronic means, provided that the department Department of Transportation has first given approval to the reporting agency for the electronic reporting method utilized. The law enforcement agency shall retain a copy of each accident report. All such reports shall be submitted to the department Department of Transportation not more than 15 days following the end of the month in which such report was prepared or received by such law enforcement agency.
40-9-32. (a) The department, not less than 30 days after receipt of an accident report or notice of an accident with respect to which a person claims under oath to have suffered damages and requests determination of security, shall determine the amount of security sufficient in its judgment to satisfy any judgment or judgments for damages resulting from such accident that may be recovered against each operator and owner. Such determination shall be made on the basis of the reports or other information submitted. Notwithstanding any other provisions of this chapter, the department shall not consider or take any action with respect to an accident report, notice of accident, or any claim filed under this Code section which is received more than six months after the date of the accident. (b) The department, upon determining the amount of security required, shall give written notice to each operator and owner of the amount of security required to be deposited by him or her. Such notice shall state that each operators and owners license and vehicle registration shall be suspended on the thirtieth day from the date of mailing

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of notice unless within that time the required security is deposited and such owner or operator shall give proof of financial responsibility for the future. The license of the one depositing the security will not then be suspended.
(c)(1) Any person so notified may, within ten days after receipt of such notification, make a written request to the department for a hearing. Such request shall operate as a stay of any suspension pending the outcome of such hearing. The scope of such hearing, for the purposes of this Code section, shall cover the issues of whether there is a reasonable possibility that a judgment could be rendered against such person in an action arising out of the accident and whether such person is exempt from the requirement of depositing security under Code Section 40-9-34. The department may also consider at such hearing the amount of security required. The requirements of depositing security under this Code section shall not apply to any person against whom the department has found that there is not a reasonable possibility of a judgment being rendered. (2) For the purposes of this Code section, a hearing may consist of a department determination of such issues, such determination to be based solely on written reports submitted by the operator or owner and by investigatory officers, provided that the owner or operator in his or her request to the department for a hearing has expressly consented to this type of hearing and that the department has also consented thereto. (d) Any person required to give security after a hearing as provided in subsection (c) of this Code section may petition for judicial review of the decision of the department, but suspension of such persons drivers license, or operating privilege, or vehicle registration shall not be stayed while such appeal is pending. The superior court upon such appeal may consider the written reports considered by the department at the hearing as authorized by subsection (c) of this Code section.
40-9-33. (a) In the event that any person required to deposit security fails to deposit such security within 30 days from the date of mailing of notice as provided in Code Section 40-9-32 and such person does not make a timely request for a hearing, or in the event any person fails to deposit security after the department has determined that there exists a reasonable possibility of a judgment being rendered against such person, the department shall thereupon suspend:
(1) The drivers license of such person; and (2) The registration of all vehicles owned by such person which are subject to registration under the laws of this state; and (3)(2) If such person is a nonresident, the privilege of operating or permitting the operation of a vehicle within this state. (b) The license and registration or nonresidents operating privilege shall remain so suspended and shall not be restored, nor shall any such license and registration be issued to such person, nor shall such nonresidents operating privilege be restored, until:

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(1) Such person shall deposit or there shall be deposited on his or her behalf the security and proof of financial responsibility for the future as required by this chapter; (2) One year shall have elapsed following the date of such suspension and evidence satisfactory to the department has been filed with it that during the period of suspension no action for damages arising out of the accident has been instituted; or (3) Evidence satisfactory to the commissioner has been filed with him or her of a release from liability or a final adjudication of nonliability."
SECTION 20-3. Said Chapter 9 of Title 40 is further amended by striking Code Section 40-9-41, relating to inadmissibility of proceedings as evidence, and inserting in its place a new Code section to read as follows:
"40-9-41. Neither any accident report filed with the department Department of Transportation, the action taken by the department Department of Driver Services pursuant to this chapter, the findings, if any, of the department upon which such action is based, nor the security filed as provided in this chapter shall be referred to in any way, nor shall they be any evidence of the negligence or due care of either party, at the trial of any action at law to recover damages."
SECTION 20-4. Said Chapter 9 of Title 40 is further amended by striking Code Sections 40-9-61 relating to suspension of driving privileges and registrations for violations, 40-9-62 relating to duration of suspensions, and 40-9-63 relating to installment payment of judgments, and inserting in their place new Code sections to read as follows:
"40-9-61. (a) The department, upon receipt of a certified copy of an unsatisfied judgment, shall suspend the drivers license and vehicle registration or nonresidents operating privilege of the person against whom such judgment was rendered except as provided in subsections (b) and (c) of this Code section. (b) If the judgment creditor consents, in writing, in such form as the department may prescribe, the department, in its discretion, may allow the judgment debtor to retain his or her license and registration or nonresidents operating privilege for six months from the date of such consent and thereafter until such consent is revoked in writing, notwithstanding default in the payment of such judgment or of any installments as provided in Code Section 40-9-63. (c) The department shall take no action pursuant to subsection (a) of this Code section if it shall find that an insurer was obligated to pay the judgment upon which suspension is based, at least to the extent and for the amounts required in this article, but has not paid such judgment for any reason. Such finding shall not be binding upon such insurer and shall have no legal effect whatever except for the purposes of administering this Code section. Whenever, in any judicial proceedings, it shall be determined by any final judgment, decree, or order that an insurer is not obligated to pay any such judgment, the

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department, notwithstanding any contrary finding theretofore made by it, shall forthwith suspend the license and registration and any or nonresidents operating privilege of any person against whom such judgment was rendered.
40-9-62. (a) A drivers license, vehicle registration, or nonresidents operating privilege suspended pursuant to Code Section 40-9-61 shall remain so suspended and shall not be renewed, nor shall any such license or registration be thereafter issued in the name of the judgment debtor, whether or not he or she was previously licensed, unless and until every such judgment is stayed, or satisfied in full or to the extent provided in subsection (b) of this Code section, subject to the exceptions provided in this article. (b) Judgment referred to in this article, which is based upon an accident which occurred on or after January 1, 2001, shall, for the purpose of this chapter only, be deemed satisfied:
(1) When $25,000.00 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of one person as the result of any one accident; (2) When, subject to such limit of $25,000.00 because of bodily injury to or death of one person, $50,000.00 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of two or more persons as the result of any one accident; or (3) When $25,000.00 has been credited upon any judgment or judgments rendered in excess of that amount because of injury to or destruction of property of others as a result of any one accident. (c) Reserved. (d) Payments made in settlement of any claims because of bodily injury, death, or property damage arising from the accident shall be credited in reduction of the amounts provided for in this Code section.
40-9-63. (a) A judgment debtor, upon due notice to the judgment creditor, may apply to the court in which such judgment was rendered for the privilege of paying such judgment in installments, and the court, in its discretion and without prejudice to any other legal remedies which the judgment creditor may have, may so order and fix the amounts and times of payment of the installments. (b) The department shall not suspend a license, registration, or nonresidents operating privilege and shall restore any license, registration, or nonresidents operating privilege suspended following nonpayment of a judgment, when the judgment debtor obtains such an order permitting the payment of any such judgment in installments, and while the payment of any such installments is not in default."
PART XXI Amendments to Chapter 40-11.

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Abandoned Motor Vehicles. SECTION 21-1.
Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, is amended by striking Code Section 40-11-1, relating to definitions applicable to abandoned motor vehicles in general, and inserting in its place a new Code section to read as follows:
"40-11-1. As used in this article, the term:
(1) 'Abandoned motor vehicle' means a motor vehicle or trailer: (A) Which has been left by the owner or some person acting for the owner with an automobile dealer, repairman, or wrecker service for repair or for some other reason and has not been called for by such owner or other person within a period of 30 days after the time agreed upon; or within 30 days after such vehicle is turned over to such dealer, repairman, or wrecker service when no time is agreed upon; or within 30 days after the completion of necessary repairs; (B) Which is left unattended on a public street, road, or highway or other public property for a period of at least five days and when it reasonably appears to a law enforcement officer that the individual who left such motor vehicle unattended does not intend to return and remove such motor vehicle. However, on the state highway system, any law enforcement officer or employee of the Department of Motor Vehicle Safety to whom enforcement authority has been designated pursuant to Code Section 40-16-4 may authorize the immediate removal of vehicles posing a threat to public health or safety or to mitigate congestion; (C) Which has been lawfully towed onto the property of another at the request of a law enforcement officer and left there for a period of not less than 30 days without anyone having paid all reasonable current charges for such towing and storage; (D) Which has been lawfully towed onto the property of another at the request of a property owner on whose property the vehicle was abandoned and left there for a period of not less than 30 days without anyone having paid all reasonable current charges for such towing and storage; or (E) Which has been left unattended on private property for a period of not less than 30 days.
(2) 'Motor vehicle' or 'vehicle' means motor vehicle or trailer. (3) 'Owner' or 'owners' means the registered owner, the owner as recorded on the title, lessor, lessee, security interest holders, and all lienholders as shown on the records of the Department of Motor Vehicle Safety Driver Services."
SECTION 21-2. Said Chapter 11 of Title 40 is further amended in Code Section 40-11-2, relating to duty of person removing or storing motor vehicle, by striking subsections (e), (h), (i), and (j) and inserting in their respective places new subsections to read as follows:

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"(e) If none of the owners redeems such motor vehicle as described in subsection (d) of this Code section, or if a vehicle being repaired by a repair facility or being stored by an insurance company providing insurance to cover damages to the vehicle becomes abandoned, the person removing or storing such motor vehicle shall, within seven calendar days of the day such vehicle became an abandoned motor vehicle, give notice in writing, by sworn statement, on the form prescribed by the commissioner of driver services, to the Department of Motor Vehicle Safety Driver Services with a research fee of $2.00 as fixed by rule or regulation payable to the Department of Motor Vehicle Safety Driver Services, stating the manufacturers vehicle identification number, the license number, the fact that such vehicle is an abandoned motor vehicle, the model, year, and make of the vehicle, the date the vehicle became an abandoned motor vehicle, the date the vehicle was removed, and the present location of such vehicle and requesting the name and address of all owners of such vehicle. If the form submitted is rejected because of inaccurate or missing information, the person removing or storing the vehicle shall resubmit, within seven calendar days of the date of the rejection, a corrected notice form together with an additional research fee of $2.00 as fixed by rule or regulation payable to the Department of Motor Vehicle Safety Driver Services. Each subsequent corrected notice, if required, shall be submitted with an additional research fee of $2.00 as fixed by rule or regulation payable to the Department of Motor Vehicle Safety Driver Services. If a person removing or storing the vehicle has knowledge of facts which reasonably indicate that the vehicle is registered or titled in a certain other state, such person shall check the motor vehicle records of that other state in the attempt to ascertain the identity of the owner of the vehicle. Research requests may be submitted and research fees made payable to the office of the tax commissioner and deposited in the general fund for the county in which the removers or storers place of business is located in lieu of the Department of Motor Vehicle Safety Driver Services, but in like manner, if such office processes motor vehicle records of the Department of Motor Vehicle Safety Driver Services. " "(h) The Department of Motor Vehicle Safety Driver Services shall provide to the Georgia Crime Information Center all relevant information from sworn statements described in subsection (e) of this Code section for a determination of whether the vehicles removed have been entered into the criminal justice information system as stolen vehicles. The results of the determination shall be provided electronically to the Department of Motor Vehicle Safety Driver Services. (i) Any person storing a vehicle under the provisions of this Code section shall notify the Department of Motor Vehicle Safety Driver Services if the vehicle is recovered, is claimed by the owner, is determined to be stolen, or for any reason is no longer an abandoned motor vehicle. Such notice shall be provided within seven calendar days of such event. (j) If vehicle information on the abandoned motor vehicle is not in the files of the Department of Motor Vehicle Safety Driver Services, the department may require such other information or confirmation as it determines is necessary or appropriate to determine the identity of the vehicle."

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SECTION 21-3 Said Chapter 11 of Title 40 is further amended in Code Section 40-11-3, relating to removal of vehicles from public property, by striking subsection (b) and paragraph (1) of subsection (d) and inserting in their respective places a new subsection and paragraph to read as follows:
"(b) Any law enforcement officer or employee of the Department of Motor Vehicle Safety to whom law enforcement authority has been designated pursuant to Code Section 40-16-4 who finds a motor vehicle which has been left unattended on the state highway system shall be authorized to cause such motor vehicle to be removed immediately to a garage or other place of safety when such motor vehicle poses a threat to public health or safety or to mitigate congestion. Any peace officer who finds a motor vehicle which has been left unattended on a public street, road, or highway or other public property, other than the state highway system, shall be authorized immediately to cause such motor vehicle to be removed immediately to a garage or other place of safety when such motor vehicle poses a threat to public health or safety or to mitigate congestion."
"(d)(1) Any peace officer or the law enforcement agency which causes a motor vehicle to be removed to a garage or other place of safety or which is notified of the removal of a motor vehicle from private property shall within 72 hours from the time of removal or notice and if the owner is unknown attempt to determine vehicle ownership through official inquiries to the Department of Motor Vehicle Safety Driver Services vehicle registration and vehicle title files. These inquiries shall be made from authorized criminal justice information system network terminals."
SECTION 21-4. Said Chapter 11 of Title 40 is further amended in Code Section 40-11-5, relating to foreclosure of liens, by striking paragraphs (2) and (3) and inserting in their place new paragraphs to read as follows:
"(2) The person desiring to foreclose a lien on an abandoned motor vehicle shall, by certified or registered mail or statutory overnight delivery, make a demand upon the owners for the payment of the reasonable fees for removal and storage plus the costs of any notification or advertisement. Such written demand shall include an itemized statement of all charges and may be made concurrent with the notice required by subsection (f) of Code Section 40-11-2. Such demand shall be made on a form prescribed by rule or regulation of the Department of Motor Vehicle Safety Driver Services and shall notify the owner of his or her right to a judicial hearing to determine the validity of the lien. The demand shall further state that failure to return the written demand to the lien claimant, file with a court of competent jurisdiction a petition for a judicial hearing, and provide the lien claimant with a copy of such petition, all within ten days of delivery of the lien claimants written demand, shall effect a waiver of the owners right to such a hearing prior to sale. The form shall also provide the suspected owner with the option of disclaiming any ownership of the vehicle, and his or her affidavit to that effect shall control over anything contrary in

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the records of the Department of Motor Vehicle Safety Driver Services. No such written demand shall be required if the identity of the owner cannot be ascertained and the notice requirements of subsection (g) of Code Section 40-11-2 have been complied with;
(3)(A) If, within ten days of delivery to the appropriate address of the written demand required by paragraph (2) of this Code section, the owner of the abandoned motor vehicle fails to pay or file with the court a petition for a judicial hearing with a copy to the lien claimant in accordance with the notice provided pursuant to paragraph (2) of this Code section, or if the owner of the abandoned motor vehicle cannot be ascertained, the person removing or storing the abandoned motor vehicle may foreclose such lien. The person asserting such lien may move to foreclose by making an affidavit to a court of competent jurisdiction, on a form prescribed by rule or regulation of the Department of Motor Vehicle Safety Driver Services, showing all facts necessary to constitute such lien and the amount claimed to be due. Such affidavit shall aver that the notice requirements of Code Section 40-11-2 have been complied with, and such affidavit shall also aver that a demand for payment in accordance with paragraph (2) of this Code section has been made without satisfaction or without a timely filing of a petition for a judicial hearing or that the identity of the owner cannot be ascertained. The person foreclosing shall verify the statement by oath or affirmation and shall affix his or her signature thereto. (B) Regardless of the court in which the affidavit required by this paragraph is filed, the fee for filing such affidavit shall be $10.00 per motor vehicle upon which a lien is asserted;".
SECTION 21-5. Said Chapter 11 of Title 40 is further amended by striking Code Section 40-11-7, relating to purchasers of abandoned motor vehicles, and inserting in its place a new Code section to read as follows:
"40-11-7. The purchaser at a sale as authorized in this article shall receive a certified copy of the court order authorizing such sale. Any such purchaser may obtain a certificate of title to such motor vehicle by filing the required application, paying the required fees, and filing a certified copy of the order of the court with the Department of Motor Vehicle Safety Driver Services. The Department of Motor Vehicle Safety Driver Services shall then issue a certificate of title, which shall be free and clear of all liens and encumbrances."
SECTION 21-6. Said Chapter 11 of Title 40 is further amended in Code Section 40-11-9, relating to derelict motor vehicles, by striking subsections (a) and (b) and inserting in their place new subsections to read as follows:

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"(a) If a motor vehicle has been left unattended on private property for not less than two days or on public property for not less than three days without the owner or driver making any attempt to recover such vehicle or to leave a conspicuously placed note that such owner or driver intends to return for such vehicle; or, if a conspicuous note was left, if the motor vehicle has been left unattended for not less than five days and if because of damage, vandalism, theft, or fire the vehicle is damaged to the extent that its restoration to an operable condition would require the replacement of one or more major component parts or involves any structural damage that would affect the safety of the vehicle; or if there is evidence that the vehicle was inoperable due to major mechanical breakdown at the time it was left on the property, such as the engine, transmission, or wheels missing, no coolant in the cooling system, no oil in the engine, or burned fluid in the transmission; or if the vehicle is seven or more years old; or if the vehicle is not currently tagged or is not verifiable by the state as to who is the current owner or lienholder of the vehicle; or if the vehicle has been abandoned to a wrecker service by an insurance company and the owner following the insurance companys making a total loss payment, then any person removing such vehicle shall within 72 hours of removing such vehicle obtain the identity of and address of the last known registered owner of the vehicle, the owner of the vehicle as recorded on the certificate of title of such vehicle, and any security interest holder or lienholder on such vehicle from the local law enforcement agency of the jurisdiction in which the vehicle was located. If the law enforcement agency shows no information on the vehicle, then a request for such information shall be sent to the Department of Motor Vehicle Safety Driver Services. Within 72 hours after obtaining such information, the person removing such vehicle shall, by certified mail or statutory overnight delivery, return receipt requested, notify the registered owner, title owner, and security interest holder or lienholder of the vehicle that such vehicle will be declared a derelict vehicle and the title to such vehicle will be canceled by the Department of Motor Vehicle Safety Driver Services if such person or persons fail to respond within ten days of receipt of such notice. The commissioner of motor vehicle safety driver services shall prescribe the form and content of such notice. If the registered owner, title owner, or security interest holder or lienholder fails to respond within 30 days from the date of such notice by certified mail or statutory overnight delivery, and if the vehicle is appraised as having a total value of less than $300.00, the vehicle shall be considered to be a derelict vehicle. The value of the vehicle shall be determined as 50 percent of the wholesale value of a similar car in the rough section of the National Auto Research Black Book, Georgia Edition, or if a similar vehicle is not listed in such book or, regardless of the model year or book value of the vehicle, if the vehicle is completely destroyed by fire, flood, or vandalism or is otherwise damaged to the extent that restoration of the vehicle to a safe operable condition would require replacement of more than 50 percent of its major component parts, the person shall obtain an appraisal of the motor vehicle from the local law enforcement agencys auto theft section with jurisdiction in the county or municipality where such vehicle is located. Any person removing a vehicle shall complete a form, to be provided by the Department of Motor Vehicle Safety Driver

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Services, indicating that the vehicle meets at least four of the above-stated eight conditions for being a derelict vehicle and shall file such form with the Department of Motor Vehicle Safety Driver Services and the law enforcement agency with jurisdiction from which such vehicle was removed. (b) Upon determination that a vehicle is a derelict motor vehicle as provided in subsection (a) of this Code section, it may be disposed of by sale to a person who scraps, dismantles, or demolishes motor vehicles, provided that such vehicle may be sold for scrap or parts only and shall in no event be rebuilt or sold to the general public. Any person disposing of a derelict motor vehicle shall, prior to disposing of such vehicle, photograph such vehicle and retain with such photograph the appraisal required in subsection (a) of this Code section and the notice to the Department of Motor Vehicle Safety Driver Services required in this subsection for a period of three years after its disposition. Such person shall also notify the Department of Motor Vehicle Safety Driver Services of the disposition of such vehicle in such manner as may be prescribed by the commissioner of motor vehicle safety driver services. The Department of Motor Vehicle Safety Driver Services shall cancel the certificate of title for such vehicle and shall not issue a rebuilt or salvage title for such vehicle."
SECTION 21-7. Said Chapter 11 of Title 40 is further amended by striking Code Section 40-11-24, relating to identification numbers of forfeited motor vehicles and components, and inserting in its place a new Code section to read as follows:
"40-11-24. Prior to the propertys being sold or returned to the owner or otherwise disposed of, the Department of Motor Vehicle Safety Driver Services shall assign it a new identification number."
PART XXII Amendments to Chapter 40-13. Prosecution of traffic offenses.
SECTION 22-1.
Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to prosecution of traffic offenses, is amended by striking Code Section 40-13-1, relating to uniform traffic citation forms, and inserting in its place a new Code section to read as follows:
"40-13-1. The commissioner of public safety driver services shall develop a uniform traffic citation and complaint form for use by all law enforcement officers who are empowered to enforce the traffic laws and ordinances in effect in this state. Such form shall serve as the citation, summons, accusation, or other instrument of prosecution of the offense or offenses for which the accused is charged, and as the record of the disposition of the matter by the court before which the accused is brought, and shall contain such other matter as the commissioner shall provide. Each such form shall have a unique

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identifying number which shall serve as the docket number for the court having jurisdiction of the accused."
SECTION 22-2. Said Chapter 13 of Title 40 is further amended by striking Code Section 40-13-3, relating to reports of disposition of traffic citations, and inserting in it place a new Code section to read as follows:
"40-13-3. Except for offenses tried in the superior courts, all other courts having jurisdiction of the offense may proceed with the adjudication of the offenses contained within the complaint without the necessity of filing an indictment or other accusation in order to bring the accused to trial. The judge or clerk of each court before whom a person accused of such an offense is brought shall promptly report the final disposition of the case to the Department of Motor Vehicle Safety Driver Services. Notwithstanding the reporting requirements of this Code section, the Department of Motor Vehicle Safety Driver Services may by rule or regulation relieve the judge or clerk of each such court of the responsibility of reporting those offenses which do not result in convictions or adjudications of guilt or pleas of nolo contendere."
SECTION 22-3. Said Chapter 13 of Title 40 is further amended in Code Section 40-13-32, relating to change of sentences in traffic cases, by striking subsections (b) and (c) and inserting in their place new subsections to read as follows:
"(b) If the original judgment is changed or modified pursuant to this Code section, the judge shall certify to the Department of Motor Vehicle Safety Driver Services that such change or modification is a true and correct copy of the change or modification and that the requirements set forth in paragraphs (1) through (3) of subsection (a) of this Code section have been met. (c) Except for orders correcting clerical errors, the Department of Motor Vehicle Safety Driver Services shall not recognize as valid any change or modification order nor make any changes to a drivers history unless such change or modification as submitted to the department is in strict compliance with the requirements set forth in subsections (a) and (b) of this Code section."
SECTION 22-4. Said Chapter 13 of Title 40 is further amended in Code Section 40-13-33, relating to habeas corpus challenges to traffic convictions, by striking subsection (c) and inserting in its place a new subsection to read as follows:
"(c) When the commissioner of motor vehicle safety driver services is named as the respondent, all such petitions must be brought in the Superior Court of Fulton County."
SECTION 22-5. Said Chapter 13 of Title 40 is further amended in Code Section 40-13-53, relating to

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procedure in traffic violation bureau cases, by striking subsection (b) and inserting in its place a new subsection to read as follows:
"(b) The following offenses shall not be handled or disposed of by a traffic violations bureau:
(1) Any offense for which a drivers license may be suspended by the commissioner of motor vehicle safety driver services; (2) Any motor vehicle registration violation; (3) A violation of Code Section 40-5-20; (4) Speeding in excess of 30 miles per hour over the posted speed limit; or (5) Any offense which would otherwise be a traffic violations bureau offense but which arose out of the same conduct or occurred in conjunction with an offense which is excluded from the jurisdiction of the traffic violations bureau. Any such offense shall be subject to the maximum punishment set by law."
SECTION 22-6. Said Chapter 13 of Title 40 is further amended by striking Code Section 40-13-54, relating to processing of citations by traffic violations bureaus, and inserting in its place a new Code section to read as follows:
"40-13-54. The original citation and complaint shall be sent by the officer issuing it to the traffic violations bureau of the court within 24 hours of the arrest. The defendant named in the citation shall be given the second copy. The officer issuing the citation and complaint shall retain one copy for himself or herself, and the court may, by order, provide that an additional copy shall be made for the use of any municipality in the county or the Department of Motor Vehicle Safety Driver Services."
PART XXIII Amendments to Chapters 40-14 and 40-15. Traffic enforcement devices and motorcycle safety programs.
SECTION 23-1.
Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to traffic enforcement devices, is amended by striking Code Section 40-14-16, relating to effect of certain speeding violations on driver licensing, and inserting in its place a new Code section to read as follows:
"40-14-16. No speeding violation of less than ten miles per hour above the legal speed limit in the county or municipality or on a college or university campus in which a person is given a speeding ticket shall be used by the Department of Motor Vehicle Safety Driver Services for the purpose of suspending or revoking the drivers license of the violator. No speeding violation report by a county, municipality, or college or university campus to the Department of Motor Vehicle Safety Driver Services which fails to specify the

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speed of the violator shall be used by the Department of Motor Vehicle Safety Driver Services to revoke the drivers license of a violator."
SECTION 23-2. Chapter 15 of Title 40, relating to motorcycle safety programs, is amended by in Code Section 40-15-1, relating to definitions applicable to said chapter, by striking paragraphs (1) through (4) and inserting in their place new paragraphs to read as follows:
"(1) 'Board' means the Board of Motor Vehicle Safety Driver Services. (2) 'Commissioner' means the commissioner of motor vehicle safety driver services. (3) 'Coordinator' means the state-wide motorcycle safety coordinator provided for in Code Section 40-15-4. (4) 'Department' means the Department of Motor Vehicle Safety Driver Services."
PART XXIV Amendments to Chapter 8 of Title 42.
Probation. SECTION 24-1.
Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended in Code Section 42-8-26, relating to probation supervisors, by striking paragraph (2) of subsection (c) and inserting in its place a new paragraph to read as follows:
"(2) No supervisor 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 Driver Services."
SECTION 24-2. Said Chapter 8 of Title 42 is further amended in Code Section 42-8-104, relating to prohibited conflicts of interest relative to agreements for probation services, by striking paragraph (1) of subsection (c) and inserting in its place a new paragraph to read as follows:
"(c)(1) No private corporation, enterprise, or 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 Driver Services."
SECTION 24-3. Said Chapter 8 of Title 42 is further amended by striking subsections (a) and (d) of Code Section 42-8-110, relating to ignition interlock devices in general, and inserting in their respective places new subsections to read as follows:

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"(a) As used in this article, the term 'ignition interlock device' means a constant monitoring device certified by the commissioner of motor vehicle safety driver services which prevents a motor vehicle from being started at any time without first determining the equivalent blood alcohol concentration of the operator through the taking of a deep lung breath sample. The system shall be calibrated so that the motor vehicle may not be started if the blood alcohol concentration of the operator, as measured by the device, exceeds 0.02 grams or if the sample is not a sample of human breath." "(d) A provider center shall be authorized to charge the person whose vehicle is to be equipped with an ignition interlock device such installation, deinstallation, and user fees as are approved by the Department of Motor Vehicle Safety Driver Services. A provider center may also require such person to make a security deposit for the safe return of the ignition interlock device. Payment of any or all of such fees and deposits may be made a condition of probation under this order."
SECTION 24-4. Said Chapter 8 of Title 42 is further amended by striking subsection (c) of Code Section 42-8-111, relating to court ordered installation of ignition interlock devices, and inserting in its place a new subsection to read as follows:
"(c) In the case of any person subject to the provisions of subsection (a) of this Code section, the court shall include in the record of conviction or violation submitted to the Department of Motor Vehicle Safety Driver Services notice of the requirement for, and the period of the requirement for, the use of a certified ignition interlock device. Such notice shall specify any exemption from the installation requirements of paragraph (1) of subsection (a) of this Code section and any vehicles subject to the installation requirements of paragraph (2) of said subsection. The records of the Department of Motor Vehicle Safety Driver Services shall contain a record reflecting mandatory use of such device and the persons drivers license or limited driving permit shall contain a notation that the person may only operate a motor vehicle equipped with a functioning, certified ignition interlock device."
SECTION 24-5. Said Chapter 8 of Title 42 is further amended by striking Code Section 42-8-112, relating to required proof of compliance for reinstatement of certain licenses and for probationary licenses, and inserting in its place a new Code section to read as follows:
"42-8-112. (a) In any case where the court imposes the use of an ignition interlock device as a condition of probation on a resident of this state whose driving privilege is not suspended or revoked, the court shall require the person to surrender his or her drivers license to the court immediately and provide proof of compliance with such order to the court or the probation officer and obtain an ignition interlock device restricted driving license within 30 days. Upon expiration of the period of time for which such person is required to use an ignition interlock device, the person may apply for and receive a regular drivers license upon payment of the fee provided for in Code Section 40-5-25.

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If such person fails to provide proof of installation to the extent required by subsection (a) of Code Section 42-8-111 and receipt of the restricted driving license within such period, absent a finding by the court of good cause for that failure, which finding is entered in the courts record, the court shall revoke or terminate the probation.
(b)(1) In any case where the court imposes the use of an ignition interlock device as a condition of probation on a resident of this state whose driving privilege is suspended or revoked, the court shall require the person to provide proof of compliance with such order to the court or the probation officer and the Department of Motor Vehicle Safety Driver Services not later than ten days after the date on which such person first becomes eligible to apply for an ignition interlock device limited driving permit in accordance with paragraph (2) of this subsection or a habitual violators probationary license in accordance with paragraph (3) of this subsection, whichever is applicable. If such person fails to provide proof of installation to the extent required by subsection (a) of Code Section 42-8-111 within the period required by this subsection, absent a finding by the court of good cause for that failure, which finding is entered on the courts record, the court shall revoke or terminate the probation if such is still applicable. (2) If the person subject to court ordered use of an ignition interlock device as a condition of probation is authorized under Code Section 40-5-63 or 40-5-67.2 to apply for reinstatement of his or her drivers license during the period of suspension, such person shall, prior to applying for reinstatement of the license, have an ignition interlock device installed and shall maintain such ignition interlock device in a motor vehicle or vehicles to the extent required by subsection (a) of Code Section 42-8-111 for a period of six months running concurrently with that of an ignition interlock device limited driving permit, which permit shall not be issued until such person submits to the department proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program, proof of having undergone any clinical evaluation and of having enrolled in any substance abuse treatment program required by Code Section 40-563.1, and proof of installation of an ignition interlock device on a vehicle or vehicles to the extent required by subsection (a) of Code Section 42-8-111. Such a person may apply for and be issued an ignition interlock device limited driving permit at the end of 12 months after the suspension of the drivers license. At the expiration of such sixmonth ignition interlock device limited driving permit, the driver may, if otherwise qualified, apply for reinstatement of a regular drivers license upon payment of the fee provided in Code Section 40-5-25. (3) If the person subject to court ordered use of an ignition interlock device as a condition of probation is authorized under Code Section 40-5-58 or under Code Section 40-5-67.2 to obtain a habitual violators probationary license, such person shall, if such person is a habitual violator as a result of two or more convictions for driving under the influence of alcohol or drugs, have an ignition interlock device installed and maintained in a motor vehicle or vehicles to the extent required by subsection (a) of Code Section 42-8-111 for a period of six months following issuance of the probationary license, and such person shall not during such six-month period

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drive any motor vehicle that is not so equipped, all as conditions of such probationary license. Following expiration of such six-month period with no violation of the conditions of the probationary license, the person may apply for a habitual violator probationary license without such ignition interlock device condition. (4) In any case where installation of an ignition interlock device is required, failure to show proof of such device shall be grounds for refusal of reinstatement of such license or issuance of such habitual violators probationary license or the immediate suspension or revocation of such license. (c) Each resident of this state who is required to have an ignition interlock device installed pursuant to this article shall report to the provider center every 30 days for the purpose of monitoring the operation of each required ignition interlock device. If at any time it is determined that a person has tampered with the device, the Department of Motor Vehicle Safety Driver Services shall be given written notice within five days by the probation officer, the court ordering the use of such device, or the interlock provider. If an ignition interlock device is found to be malfunctioning, it shall be replaced or repaired, as ordered by the court or the Department of Motor Vehicle Safety Driver Services, at the expense of the provider. (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 Driver Services shall revoke such persons ignition interlock device limited driving permit immediately upon notification from the provider of the failure to report or failure to receive a satisfactory report. Except as provided in paragraph (2) of this subsection, within 30 days after such revocation, the person may make a written request for a hearing and remit to the department a payment of $250.00 for the cost of the hearing. Within 30 days after receiving a written request for a hearing and a payment of $250.00, the Department of Motor Vehicle Safety Driver Services 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 Driver Services shall hold a hearing as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be recorded. (3) If the hearing officer determines that the person failed to report to the ignition interlock provider for any of the reasons specified below, the Department of Motor Vehicle Safety Driver Services 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:

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(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 24-6. Said Chapter 8 of Title 42 is further amended by striking Code Section 42-8-115, relating to certification of ignition interlock devices, and inserting in its place a new Code section to read as follows:
"42-8-115. (a) The commissioner of motor vehicle safety driver services or the commissioners designee shall certify ignition interlock devices required by this article and the providers of such devices and shall promulgate rules and regulations for the certification of said devices and providers. The standards for certification of such devices shall include, but not be limited to, those standards for such devices promulgated by the National Highway Traffic Safety Administration and adopted by rule or regulation of the Department of Motor Vehicle Safety Driver Services. (b) The commissioner of motor vehicle safety driver services may utilize information from an independent agency to certify ignition interlock devices on or off the premises of the manufacturer in accordance with rules and regulations promulgated pursuant to this article. The cost of certification shall be borne by the manufacturers of ignition interlock devices. (c) The commissioner of motor vehicle safety driver services shall adopt rules and regulations for determining the accuracy of and proper use of the ignition interlock devices in full compliance with this article. No model of ignition interlock device shall be certified unless it meets the accuracy requirements specified by such rules and regulations."
SECTION 24-7. Said Chapter 8 of Title 42 is further amended by striking Code Section 42-8-116, relating to warning labels affixed to ignition interlock devices, and inserting in its place a new Code section to read as follows:
"42-8-116.

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The providers certified by the Department of Motor Vehicle Safety Driver Services shall design and adopt pursuant to regulations of the department a warning label which shall be affixed to each ignition interlock device upon installation. The label shall contain a warning that any person tampering, circumventing, or otherwise misusing the device is guilty of a misdemeanor and may be subject to civil liability."
SECTION 24-8. Said Chapter 8 of Title 42 is further amended by striking Code Section 42-8-117, relating to revocation of driving privilege upon violation of probation, and inserting in its place a new Code section to read as follows:
"42-8-117. (a)(1) In the event the sentencing court finds that a person has violated the terms of probation imposed pursuant to subsection (a) of Code Section 42-8-111, the Department of Motor Vehicle Safety Driver Services shall revoke that persons driving privilege for one year from the date the court revokes that persons probation. The court shall report such probation revocation to the Department of Motor Vehicle Safety Driver Services by court order. (2) This subsection shall not apply to any person whose limited driving permit has been revoked under subsection (d) of Code Section 42-8-112.
(b) In the event the sentencing court finds that a person has twice violated the terms of probation imposed pursuant to subsection (a) of Code Section 42-8-111 during the same period of probation, the Department of Motor Vehicle Safety Driver Services shall revoke that persons driving privilege for five years from the date the court revokes that persons probation for a second time. The court shall report such probation revocation to the Department of Motor Vehicle Safety Driver Services by court order."
PART XXV Amendments to Title 43. Professions and businesses.
SECTION 25-1.
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended in Code Section 43-13-2, relating to definitions applicable to driver training instructors and schools, by striking paragraphs (1) through (4) and inserting in their place new paragraphs to read as follows:
"(1)(2) 'Department' means the Department of Motor Vehicle Safety Driver Services acting directly or through its duly authorized officers and agents. (2)(3) 'Driver training schools' means any person, partnership, limited liability company, or corporation giving driving instruction for hire to ten or more persons per calendar year for the purpose of assisting such persons to meet the requirements for licensed driving of Class C or Class M motor vehicles in this state, except for motorcycle operator safety training programs conducted by or on behalf of the

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Department of Motor Vehicle Safety Driver Services pursuant to Chapter 15 of Title 40. (3)(1) 'Commercial driver training school' means any person, partnership, limited liability company, or corporation giving driving instruction for hire to ten or more persons per calendar year for the purpose of assisting such persons to meet the requirements for licensed driving of Class A or Class B motor vehicles in this state. (4) 'Drivers license examiners' means examiners appointed by the Department of Motor Vehicle Safety Driver Services for the purpose of giving drivers license examinations."
SECTION 25-2. Said Title 43 is further amended in Code Section 43-13-8, relating to rules, regulations, and penalties applicable to driver training instructors and schools, by striking subsection (a) and inserting in its place a new subsection to read as follows:
"(a) The commissioner of motor vehicle safety driver services is authorized to prescribe, by rule, standards for the eligibility, conduct, equipment, and operation of driver training schools and instructors and commercial driver training schools and instructors and to adopt other reasonable rules and regulations to carry out this chapter. Notwithstanding the foregoing, violations that are minor in nature and committed by a person, firm, or corporation shall be punished only by a written reprimand unless the person, firm, or corporation fails to remedy the violation within 30 days, in which case an administrative fine, not to exceed $250.00, may be issued."
SECTION 25-3. Said Title 43 is further amended by striking Code Section 43-43-3, relating to duties of scrap metal processors with respect to motor vehicle titles and license plates, and inserting in its place a new Code section to read as follows:
"43-43-3. Should a scrap metal processor be presented the certificate of title or vehicle license plate for any vehicle or scrap vehicle purchased, that scrap metal processor shall mail or deliver the same to the Department of Motor Vehicle Safety Driver Services as required by law."
SECTION 25-4. Said Title 43 is further amended in Code Section 43-47-3, relating to the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers, by striking paragraph (3) of subsection (a) and paragraphs (2) and (3) of subsection (d) and inserting in their respective places new paragraphs to read as follows:
"(3) The commissioner of motor vehicle safety driver services, or a designated agent, shall be a permanent ex officio member and shall be authorized to vote on all matters before the board;" "(2) The members of the used car division shall be the three independent used car dealers, two of the members from the public at large, the commissioner of motor

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vehicle safety driver services or a designated agent, the administrator of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975,' or a designated agent, the representative of the automobile auction industry, and the pawnbroker. All powers and duties relating to used car dealers which are not specifically reserved to the board shall be assigned to the used car division. The used car division shall elect one of its members to serve as chairperson of the division for a period of one year. (3) The members of the used parts division shall be the third member from the public at large, the commissioner of motor vehicle safety driver services or a designated agent, the auto salvage pool operator, the two used motor vehicle parts dealers who are not rebuilders, the rebuilder, and the representative of the automobile insurance industry. All powers and duties relating to used parts dealers which are not specifically reserved to the board shall be assigned to the used parts division. The used parts division shall elect one of its members to serve as chairperson of the division for a period of one year."
SECTION 25-5. Said Title 43 is further amended in Code Section 43-47-8, relating to licensing of used motor vehicle and used motor vehicle parts dealers, by striking subsection (d) and inserting in its place a new subsection to read as follows:
"(d) Each division may require either that within the preceding year the applicant has attended a training and information seminar approved by the division or that the applicant has passed a test approved by the division and administered by the division director. Such seminar or test, if required, shall include, but shall not be limited to, dealer requirements of this chapter, including books and records to be kept; requirements of the Department of Motor Vehicle Safety Driver Services and the Sales and Use Tax Division of the Department of Revenue; and such other information as in the opinion of the division will promote good business practices. No seminar shall exceed one day in length."
SECTION 25-6. Said Title 43 is further amended by striking Code Section 43-47-11.1, relating to dealer registration plates for used motor vehicle and used motor vehicle parts dealers, and inserting in its place a new Code section to read as follows:
"43-47-11.1. As provided by law, every licensee who transfers a used motor vehicle title within this state shall register with the commissioner of motor vehicle safety driver services, making application for a dealers registration plate. No person not licensed in accordance with this chapter shall be entitled to receive or use any dealers registration plates for motor vehicles under the motor vehicle laws of this state providing for the issuance of such plates."

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SECTION 25-7. Said Title 43 is further amended by striking Code Section 43-47-15, relating to compliance with rules and regulations relating to wrecked and salvage motor vehicles, and inserting in its place a new Code section to read as follows:
"43-47-15. Any licensee who purchases a wrecked or salvage motor vehicle or rebuilds a wrecked or salvage motor vehicle shall fully comply with Chapter 3 of Title 40, the 'Motor Vehicle Certificate of Title Act,' regarding titling and inspection of salvage and rebuilt vehicles, and shall comply with any rules and regulations adopted by the commissioner of motor vehicle safety driver services pursuant to this chapter."
PART XXVI Amendments to Code Section 44-1-13. Removal of improperly parked cars or trespassing personal property.
SECTION 26-1.
Code Section 44-1-13 of the Official Code of Georgia Annotated, relating to removal of improperly parked cars or trespassing personal property, is amended by striking subsections (a) and (b) and inserting in their place new subsections to read as follows:
"(a) As used in this Code section, the term: (1) 'Commission' means the Public Service Commission. (2) 'Private property' means any parcel or space of private real property.
(a.1) Any person or his or her authorized agent entitled to the possession of any 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 private property containing not more than four residential units shall not be required to comply with the posting requirements of this subsection. Only towing and storage firms issued permits or licenses by the local governing authority of the jurisdiction in which they operate or by the Department of Motor Vehicle Safety commission, and having a secure impoundment facility, shall be permitted to remove trespassing property and trespassing personal property at the request of the owner or authorized agent of the private property. (b) Except as provided in subsection (d) of this Code section, the Department of Motor Vehicle Safety, hereinafter referred to as the department, commission shall have the authorization to regulate and control the towing of trespassing vehicles on private

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property if such towing is performed without the prior consent or authorization of the owner or operator of the vehicle, including the authority to set just and reasonable rates, fares, and charges for services related to the removal, storage, and required notification to owners of such towed vehicles. No storage fees shall be charged for the first 24 hour period which begins at the time the vehicle is removed from the property, and no such fees shall be allowed for the removal and storage of vehicles removed by towing and storage firms found to be in violation of this Code section. The Department of Motor Vehicle Safety commission is authorized to impose a civil penalty for any violation of this Code section in an amount not to exceed $2,500.00."
PART XXVII Amendments to Chapter 45-9. Insuring and indemnification of public officers and employees.
SECTION 27-1.
Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, is amended in Code Section 45-9-81, relating to definitions applicable to the indemnification fund for certain state employees, by striking paragraph (6) and inserting in its place a new paragraph to read as follows:
"(6) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the commissioner of juvenile justice of the Department of Juvenile Justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who have broken the conditions of supervision. Such term also includes law enforcement officers of the Department of Motor Vehicle Safety. Such term also includes members of the Georgia National Guard, the composition of which is set forth in Code Section 38-2-3, who have been called into active state service by the Governor."
SECTION 27-2. Said Chapter 9 of Title 45 is further amended in Code Section 45-9-102, relating to definitions applicable to a temporary disability compensation program for certain state employees, by striking paragraph (6) and inserting in its place a new paragraph to read as follows:
"(6) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of

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public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes prison guards as defined under Code Section 45-9-81 and the employees designated by the commissioner of juvenile justice of the Department of Juvenile Justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who have broken the conditions of supervision and employees designated and delegated law enforcement powers by the commissioner of motor vehicle safety, which personnel have the duty to enforce the laws relating to motor carriers and the transportation of hazardous materials."
PART XXVIII Amendments to Title 46. Public utilities and public transportation.
SECTION 28-1.
Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended in Code Section 46-1-1, relating to definitions applicable to said title, by striking the following: paragraph (7); division (9)(C)(ii); divisions (9)(C)(x) through (9)(C)(xiii); paragraph (11); and paragraph (18) and inserting in their respective places new paragraphs and divisions to read as follows:
"(7) 'Household goods' means any personal effects and property used or to be used in a dwelling when a part of the equipment or supplies of such dwelling and such other similar property as the commissioner of motor vehicle safety commission may provide for by regulation; provided, however, that such term shall not include property being moved from a factory or store except when such property has been purchased by a householder with the intent to use such property in a dwelling and such property is transported at the request of, and with transportation charges paid by, the householder."
"(ii) Taxicabs, drays, trucks, buses, and other motor vehicles which operate within the corporate limits of municipalities and are subject to regulation by the governing authorities of such municipalities. This exception shall apply to taxicabs and buses even though such vehicles may, in the prosecution of their regular business, occasionally go beyond the corporate limits of such municipalities, provided that they do not operate to or from fixed termini outside of such limits and to any dray or truck which operates within the corporate limits of a city and is subject to regulation by the governing authority of such city or by the commissioner of motor vehicle safety and which goes beyond the corporate limits only for the purpose of hauling chattels which have been seized under any court process;" "(x) Motor vehicles engaged exclusively in the transportation of agricultural or dairy products, or both, between farm, market, gin, warehouse, or mill, whether such motor vehicle is owned by the owner or producer of such agricultural or dairy

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products or not, so long as the title remains in the producer. For the purposes of this division, the term 'producer' includes a landlord where the relations of landlord and tenant or landlord and cropper are involved. As used in this division, the term 'agricultural products' includes fruit, livestock, meats, fertilizer, wood, lumber, cotton, and naval stores; household goods and supplies transported to farms for farm purposes; or other usual farm and dairy supplies, including products of grove or orchard; poultry and eggs; fish and oysters; and timber or logs being hauled by the owner thereof or the owners agents or employees between forest and mill or primary place of manufacture; provided, however, motor vehicles with a manufacturers gross weight rated capacity of 44,000 pounds or more engaged solely in the transportation of unmanufactured forest products shall be subject to the Georgia Forest Products Trucking Rules which shall be adopted and promulgated by the commissioner of motor vehicle public safety only for application to such vehicles and vehicles defined in subparagraph (A) of paragraph (13) of this Code section; provided, further, that pulpwood trailers and pole trailers with a manufacturers gross weight rated capacity of 10,001 pounds or more engaged solely in the transportation of unmanufactured forest products shall have two amber side marker reflectors on each side of the trailer chassis between the rear of the tractor cab and the rearmost support for the load. All such reflectors shall be not less than four inches in diameter. Such rules and any amendments thereto adopted by the commissioner of motor vehicle public safety shall be subject to legislative review in accordance with the provisions of Code Section 46-2-30, and, for the purposes of such rules and any amendments thereto, the Senate Natural Resources and the Environment Committee and the House Committee on Natural Resources and Environment shall be the appropriate committees within the meaning of said Code Section 46-2-30. The first such rules adopted by the commissioner of motor vehicle public safety shall be effective July 1, 1991; (xi) Reserved; (xii) Reserved; Motor vehicles engaged in compensated intercorporate hauling whereby transportation of property is provided by a person who is a member of a corporate family for other members of such corporate family, provided:
(I) The parent corporation notifies the commissioner of motor vehicle safety of its intent or the intent of one of the subsidiaries to provide the transportation; (II) The notice contains a list of participating subsidiaries and an affidavit that the parent corporation owns directly or indirectly a 100 percent interest in each of the subsidiaries; (III) A copy of the notice is carried in the cab of all vehicles conducting the transportation; and (IV) The transportation entity of the corporate family registers the compensated intercorporate hauling operation with the commissioner of motor vehicle safety, registers and identifies any of its vehicles, and becomes subject to the

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commissioners liability insurance and motor common carrier and motor contract carrier and hazardous materials transportation rules. For the purpose of this division, the term 'corporate family' means a group of corporations consisting of a parent corporation and all subsidiaries in which the parent corporation owns directly or indirectly a 100 percent interest; (xiii) Vehicles, except limousines, transporting not more than ten persons for hire, except that any operator of such a vehicle is required to register the exempt operation with the commissioner of motor vehicle safety driver services, register and identify any of its vehicles, and become subject to the commissioners liability insurance and vehicle safety rules;" "(11) 'Permit' means a registration permit issued by the commissioner of motor vehicle safety driver services authorizing interstate transportation for hire exempt from the jurisdiction of the United States Department of Transportation or intrastate passenger transportation for hire exempt from the jurisdiction of the commissioner of motor vehicle safety driver services or intrastate transportation by a motor carrier of property." "(18) 'Vehicle' or 'motor vehicle' means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof, determined by the Department of Motor Vehicle Safety commissioner of driver services."
SECTION 28-2. (a) Said Title 46 is further amended by striking Code Section 46-7-1, relating to definitions applicable to motor carriers, and inserting in its place a new Code section to read as follows:
"46-7-1. As used in this chapter, the term:(1) 'Commissioner' means the commissioner of motor vehicle safety 'commission' means the Public Service Commission.
(2) 'Department' means the Department of Motor Vehicle Safety." (b) Said Title 46 is further amended throughout Chapter 7, relating to motor carriers and limousine carriers, by striking the term "commissioner" each place it appears in said chapter in a Code section not otherwise amended by this Act and inserting in each such place the term "commission". (c) Said Title 46 is further amended in said Chapter 7 by striking the terms "his or her" and "he or she" and inserting respectively "its" and "it" in the following Code sections:
(1) Code Section 46-7-4, relating to issuance of certificates of authority; (2) Code Section 46-7-7, relating to determination of issuance of certificates; (3) Code Section 46-7-13, relating to temporary emergency operating authority; and (4) Code Section 46-7-33, relating to administrative proceedings.
SECTION 28-2.1. Said Title 46 is further amended by striking Code Section 46-7-12, relating to bond and insurance requirements, and inserting in its place new Code Sections 46-7-12 and 46-7-

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12.1 to read as follows: "46-7-12. (a) No certificate or permit motor carrier of household goods or passengers shall be issued or continued in operation a certificate unless there is filed with the commissioner commission a certificate of insurance for such applicant or holder on forms prescribed by the commissioner commission evidencing a policy of indemnity insurance in some indemnity by an insurance company authorized licensed to do business in this state, which policy must provide for the protection, in case of passenger vehicles, of passengers and baggage carried and of the public against injury proximately caused by the negligence of such motor common carrier or motor contract carrier, its servants, or its agents; and, in the case of vehicles transporting freight household goods, to secure the owner or person entitled to recover therefor against loss or damage to such freight household goods for which the motor common carrier or motor contract carrier may be legally liable and for the protection of the public against injuries proximately caused by the negligence of such motor common carrier or motor contract carrier, its servants, or its agents. The commissioner. The commission shall determine and fix the amounts of such indemnity insurance and shall prescribe the provisions and limitations thereof; and such insurance shall be for the benefit of and subject to action by any person who shall sustain injury or loss protected thereby. Such certificate shall be filed by the insurer. The insurer shall file such certificate. The failure to file any form required by the commissioner commission shall not diminish the rights of any person to pursue an action directly against a motor common carriers or motor contract carriers insurer. (b) The commissioner commission shall have power to permit self-insurance, in lieu of a policy of indemnity insurance, whenever in his or her its opinion the financial ability of the motor common carrier or motor contract carrier so warrants. (c) It shall be permissible under this article for any person having a cause of action arising under this article to join in the same action the motor common carrier or motor contract carrier and the insurance carrier, whether arising in tort or contract.
46-7-12.1. (a) No motor common carrier or motor contract carrier shall be issued a permit unless there is filed with the commissioner of driver services a certificate of insurance for such applicant or holder on forms prescribed by the commissioner evidencing a policy of indemnity insurance by an insurance company licensed to do business in this state, which policy must provide for the protection of passengers in the case of passenger vehicles and for protection of the public against injury proximately caused by the negligence of such motor common or motor contract carrier, its servants, or its agents. The commissioner of driver services shall determine and fix the amounts of such indemnity insurance and shall prescribe the provisions and limitations thereof. The insurer shall file such certificate. The failure to file any form required by the commissioner of driver services shall not diminish the rights of any person to pursue an action directly against a motor common or motor contract carriers insurer.

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(b) The commissioner of driver services shall have power to permit self-insurance, in lieu of a policy of indemnity insurance, whenever in his or her opinion the financial ability of the motor common or motor contract carrier so warrants. (c) It shall be permissible under this article for any person having a cause of action arising under this article to join in the same action the motor common or motor contract carrier and the insurance carrier, whether arising in tort or contract."
SECTION 28-3. Said Title 46 is further amended by striking Code Section 46-7-15, relating to registration and licensing of carriers, Code Section 46-7-15.1, relating to permits for carriers of property, Code Section 46-7-16, relating to certain permitting and registration of certain types of carriers, and 46-7-17, relating to designation and maintenance of agents for service on nonresident carriers, and inserting in their place new Code sections to read as follows:
"46-7-15. (a) Except as otherwise provided in this Code section, before any motor common or contract carrier engaged in exempt passenger intrastate commerce as provided for in subparagraph (C) of paragraph (9) of Code Section 46-1-1 shall operate any motor vehicle on or over any public highway of this state, it shall first secure a registration permit from the commissioner of driver services by making application therefor on forms supplied by the commissioner and paying a $25.00 filing fee. The application shall show the operations claimed to be exempt. A carriers registration permit shall be valid so long as there is no change in its operating authority but may be amended to reflect any changes by application to the commissioner of driver services on a form provided by the commissioner and payment of a $5.00 filing fee. (b) Every motor common or contract carrier operating pursuant to a certificate or permit shall annually on or before the thirty-first day of December of each calendar year, but not earlier than the preceding first day of October or, as to a vehicle put into use during the course of the year, before the vehicle is put into use, make application to the commissioner of driver services for the issuance of an annual identification and registration stamp or stamps, make application for the registration of all motor vehicles to be operated under such certificate or permit, in such manner and form as the commissioner may by rule or regulation prescribe, and shall pay to the commissioner a fee of $5.00 for the registration of each vehicle and issuance of identification and registration stamp to operate same. Each annual identification and registration stamp shall be valid for a period of 16 months extending from the first day of October of any year through the thirty-first day of January of the next succeeding year. (c) Motor carriers operating pursuant to a certificate or permit as provided for in this article may, in lieu of other vehicle registration provisions contained in this Code section, register vehicles operated as an emergency, temporary, or trip-lease vehicle for a period not exceeding 15 days by payment to the commissioner of driver services of a fee of $8.00 for each vehicle so registered. Upon such registration, the commissioner shall issue an emergency, temporary, or trip-lease vehicle registration permit.

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(d) Whenever any motor vehicle is operated on or over any public highway of this state without the motor common or contract carrier operating such vehicle first having obtained the annual registration and license or temporary vehicle registration permit provided for in this Code section, the motor common or contract carrier operating such vehicle shall be required to pay a fee of $25.00 for the late registration of such vehicle. (e) No subdivision of this state, including cities, townships, or counties, shall levy any excise, license, or occupation tax of any nature on a motor common or contract carrier, or on the equipment of a motor common or contract carrier, or on the right of a motor common or contract carrier to operate such equipment, or on any incidents of the business of a motor common or contract carrier.
46-7-15.1. (a) Before any motor carrier of property shall operate any motor vehicle on or over any public highway of this state, it shall first secure a motor carrier of property permit from the commissioner of driver services by making application therefor on forms supplied by the commissioner and paying the required a $50.00 filing fee. The application shall be in writing and under oath and shall include such information as the commissioner of driver services may require including, but not limited to:
(1) Whether hazardous commodities materials will be transported; (2) The number and type of vehicles to be utilized; (3) The carriers safety record and safety rating; and (4) Proof of compliance with applicable insurance or self-insurance requirements; and (5) Evidence that the carriers representative or representatives have completed an educational seminar on motor carrier operations and applicable safety regulations which has been certified by the commissioner of driver services. (b) The commissioner of driver services shall issue the motor carrier of property permit if the application is complete and the applicant demonstrates compliance with the laws of this state and the rules and regulations of the commissioner regarding insurance and safety, including the handling of hazardous materials. The commissioner of driver services may refuse to issue a permit where the applicant has failed to show compliance with the applicable laws of this state and the rules and regulations of the commissioner. In any such instance where a permit is denied, the applicant shall, upon request made within 30 days of the date of denial, be entitled to a hearing to contest such denial of a permit. (c) The commissioner of driver services may, at any time after notice and a hearing, suspend, revoke, alter, or amend any permit issued under this title if it shall appear that the holder of the permit has violated or refused to observe any of the lawful and reasonable orders, rules, or regulations prescribed by the commissioner, any provisions of this title, or any other law of this state regulating or providing for the taxation of motor vehicles.
46-7-16.

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(a) Before any motor carrier engaged solely in interstate commerce under authority issued by the Interstate Commerce Commission or any successor agency shall operate any motor vehicle on or over any public highway of this state, it shall obtain from the commissioner of driver services or the carriers designated base state a registration receipt issued pursuant to rules adopted by the Interstate Commerce Commission or any successor agency as determined by federal law. (b) Before any motor carrier engaged solely in interstate operations exempt from regulation by the Interstate Commerce Commission or any successor agency shall operate any motor vehicle on or over any public highway of this state, it shall first:
(1) Secure a registration permit from the commissioner of driver services by making application therefor on forms supplied by the commissioner and paying a $25.00 filing fee. A carriers registration shall be valid so long as there is no change in its operating authority with regard to its operations in this state, but the registration may be amended to reflect such changes by application to the commissioner of driver services on forms supplied by the commissioner and payment of a $5.00 filing fee; (2) Annually on or before the thirty-first day of December of each calendar year, but not earlier than the preceding first day of October or, as to a vehicle put into use during the course of the year, before the vehicle is put into use, make application to the commissioner of driver services for the issuance of an annual identification and registration stamp or stamps, make application for the registration of all motor vehicles to be operated under such permit, in such manner and form as the commissioner may by rule or regulation prescribe, and shall pay to the commissioner a fee of $5.00 for the registration of each vehicle and issuance of identification and registration stamp to operate same. Each annual identification and registration stamp shall be valid for a period of 16 months extending from the first day of October of any year through the thirty-first day of January of the next succeeding year. Notwithstanding any other provision of this Code section, the commissioner of driver services is authorized to impose a vehicle identification and registration fee equal to the identification and registration fee charged by any other state, up to a maximum of $25.00, upon vehicles licensed in that state if such state charges equipment licensed in Georgia a vehicle identification and registration fee in excess of $5.00; and (3) Give the bond or indemnity insurance prescribed by this article, omitting the protection in respect to their own passengers and cargoes. (c) Motor carriers operating pursuant to a registration permit as provided for in this Code section may, in lieu of all other registration and identification requirements contained in subsection (b) of this Code section, register vehicles operated in Georgia as an emergency, temporary, or trip-lease vehicle for a period not exceeding 15 days by payment to the commissioner of driver services of a fee of $8.00 for each vehicle so registered; and upon such payment, the commissioner shall issue an emergency, temporary, or trip-lease vehicle registration permit. (d) Where a carrier has not previously qualified with the commissioner of driver services to operate in interstate exempt or intrastate commerce in Georgia pursuant to this Code section and thus has not secured a registration permit pursuant to this Code

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section, the emergency, temporary, or trip-lease vehicle registration permit provided for in subsection (c) of this Code section will also include the authority to operate in Georgia during the 15 day or less period covered by the emergency, temporary, or triplease vehicle registration permit, provided that the carrier has otherwise qualified its operations with the commissioner as provided for in this Code section; provided, however, that whenever any motor vehicle is operated on or over any public highway of this state without the motor carrier operating such vehicle first having obtained the annual registration and identification stamp or license or the emergency, temporary, or trip-lease vehicle registration permit provided for in this Code section, the motor carrier operating such vehicle shall be required to pay a fee of $25.00 for the late registration and identification of such vehicle. (e) Reserved. (f) It shall not be necessary for any motor carrier to obtain a certificate permit from the commissioner of driver services when such carrier is engaged solely in interstate commerce over the public highways of this state.
46-7-17. (a) Each nonresident motor common or contract carrier shall, before any certificate or permit is issued to it under this article or at the time of registering as required by Code Section 46-7-16, designate and maintain in this state an agent or agents upon whom may be served all summonses or other lawful processes in any action or proceeding against such motor carrier growing out of its carrier operations; and service of process upon or acceptance or acknowledgment of such service by any such agent shall have the same legal force and validity as if duly served upon such nonresident carrier personally. Such designation shall be in writing, shall give the name and address of such agent or agents, and shall be filed in the office of the commissioner of driver services. Upon failure of any nonresident motor carrier to file such designation with the commissioner of driver services or to maintain such an agent in this state at the address given, such nonresident carrier shall be conclusively deemed to have designated the Secretary of State and his or her successors in office as such agent; and service of process upon or acceptance or acknowledgment of such service by the Secretary of State shall have the same legal force and validity as if duly served upon such nonresident carrier personally, provided that notice of such service and a copy of the process are immediately sent by registered or certified mail or statutory overnight delivery by the Secretary of State or his or her successor in office to such nonresident carrier, if its address be known. Service of such process upon the Secretary of State shall be made by delivering to his or her office two copies of such process with a fee of $10.00. (b) Except in those cases where the Constitution of Georgia requires otherwise, any action against any resident or nonresident motor common or contract carrier for damages by reason of any breach of duty, whether contractual or otherwise, or for any violation of this article or of any order, decision, rule, regulation, direction, demand, or other requirement established by the commissioner of driver services, may be brought

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in the county where the cause of action or some part thereof arose; and if the motor common or contract carrier or its agent shall not be found for service in the county where the action is instituted, a second original may issue and service be made in any other county where the service can be made upon the motor common or contract carrier or its agent. The venue prescribed by this Code section shall be cumulative of any other venue provided by law."
SECTION 28-4. Said Title 46 is further amended by striking Code Section 46-7-23, relating to examination of records of carriers, and inserting in its place a new Code section to read as follows:
"46-7-23. The commissioner commission shall prescribe the books and the forms of accounts to be kept by the holders of certificates under this article, which books and accounts shall be preserved for such reasonable time as may be prescribed by the commissioner commission. The books and records of every certificate holder shall be at all times open to the inspection of the commissioner or any agent of the department commission for such purpose. The commissioner commission shall have the power to examine the books and records of all motor carriers to whom he or she it has granted certificates or permits to operate under this article and to examine under oath the officers and agents of any motor carrier with respect thereto."
SECTION 28-5. Said Title 46 is further amended by striking Code Section 46-7-26, relating to rules and regulations for the safe operation of motor vehicles and drivers and the safe transportation of hazardous materials, and inserting in its place a new Code section to read as follows:
"46-7-26. (a) The commissioner of public safety shall have the authority to promulgate rules and regulations for the safe operation of motor vehicles and drivers and the safe transportation of hazardous materials. Any such rules and regulations promulgated or deemed necessary by the commissioner of public safety shall include the following:
(1) Every motor vehicle and all parts thereof shall be maintained in a safe condition at all times; and the lights, brakes, and equipment shall meet such safety requirements as the commissioner of public safety shall from time to time promulgate. Specifically but without limitation, the commissioner of public safety shall promulgate rules or regulations for the safe operation of trailers or semitrailers effective on and after July 1, 2000, consistent with the applicable provisions of Code Section 40-8-50; (2) Every driver employed to operate a motor vehicle for a motor common or contract carrier shall be at least 18 years of age, of temperate habits and good moral character, possess a valid drivers license, not use or possess prohibited drugs or alcohol while on duty, and shall be fully competent to operate the motor vehicle under his or her charge;

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(3) Accidents arising from or in connection with the operation of motor common or contract carriers shall be reported to the commissioner of transportation in such detail and in such manner as the commissioner of transportation may require; and (4) The commissioner of public safety shall require every motor common and contract carrier to have attached to each unit or vehicle such distinctive markings or tags as shall be adopted by the commissioner of public safety. (b) Regulations governing hazardous materials may be adopted by administrative order referencing compatible federal regulations or standards without compliance with the procedural requirements of Chapter 13 of Title 50, provided that such compatible federal regulations or standards shall be maintained on file by the Department of Public Safety and made available for inspection and copying by the public, by means including but not limited to posting on the departments computer Internet site. (c) The commissioner of public safety may pursuant to rule or regulation specify and impose civil monetary penalties for violations of laws, rules, and regulations relating to motor carrier safety and transportation of hazardous materials. Except as may be hereafter authorized by law, the maximum amount of any such monetary penalty shall not exceed the maximum penalty authorized by law or rule or regulation for the same violation immediately prior to July 1, 2005."
SECTION 28-5.1. Said Title 46 is further amended by striking Code Section 46-7-27, relating to adoption of regulations, and inserting in its place a new Code section to read as follows:
"46-7-27. The commissioner is Public Service Commission, Department of Public Safety, and Department of Driver Services are authorized to adopt such rules and orders as he or she they may deem necessary in the enforcement of this article chapter. Such rules and orders so approved by the commissioner shall have the same dignity and standing as if such rules and orders were specifically provided in this article chapter."
SECTION 28-5.2. Said Title 46 is further amended by striking Code Section 46-7-39, relating to criminal penalties, and inserting in its place a new Code section to read as follows:
"46-7-39. Every officer, agent, or employee of any corporation and every person who violates or fails to comply with this article chapter relating to the regulation of motor carriers, or any order, rule, or regulation of the commissioner Public Service Commission, Department of Public Safety, or Department of Driver Services, or who procures, aids, or abets therein, shall be guilty of a misdemeanor."
SECTION 28-6. Said Title 46 is further amended by striking Article 3 of Chapter 7, relating to limousine carriers, and inserting in its place a new article to read as follows:

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"ARTICLE 3
46-7-85.1. As used in this article, the term:
(1) 'Certificate' means a certificate issued by the commissioner commission. (2) 'Chauffeur' means any person with a Georgia state drivers license who meets the qualifications as prescribed in Code Section 46-7-85.10 and who is authorized by the commissioner of driver services to drive a limousine under this article. (3) 'Commissioner' means the commissioner of motor vehicle safety. 'Commission' means the Public Service Commission. (3.1) 'Department' means the Department of Motor Vehicle Safety. (4) 'Limousine' means any motor vehicle that meets the manufacturers specifications for a luxury limousine with a designed seating capacity for no more than ten passengers and with a minimum of five seats located behind the operator of the vehicle, and which does not have a door at the rear of the vehicle designed to allow passenger entry or exit; further, no vehicle shall be permitted to be operated both as a taxicab and a limousine. (5) 'Limousine carrier' means any person operating a service regularly rendered to the public by furnishing transportation as a motor common carrier for hire, not over fixed routes, by means of limousines, or extended limousines, on the basis of telephone contract or written contract. (6) 'Person' means any individual, firm, partnership, corporation, company, association, or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof. (7) 'Public highway' means every public street, road, or highway in this state.
46-7-85.2. No limousine carrier shall operate any limousine for the transportation of passengers for compensation on any public highway in this state except in accordance with the provisions of this article.
46-7-85.3. No person may engage in the business of a limousine carrier over any public highway in this state without first having obtained from the commissioner commission a certificate to do so.
46-7-85.4. (a) The commissioner commission shall prescribe the form of the application for the certificate and shall prescribe such reasonable requirements as to notice, publication, proof of service, maintenance of adequate liability insurance coverage, and information as may, in his or her its judgment, be necessary and may establish fees as part of such certificate process.

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(b) A certificate shall be issued to any qualified applicant, provided that such applicant is a limousine carrier business domiciled in this state, authorizing the operations covered by the application if it is found that the applicant is fit, willing, and able to perform properly the service and conform to the provisions of this article and the rules and regulations of the commissioner commission and has not been convicted of any felony as such violation or violations are related to the operation of a motor vehicle.
46-7-85.5. (a) It shall be the duty of the commissioner commission to regulate limousine carriers with respect to the safety of equipment. (b) The department commission shall require safety and mechanical inspections at least on an annual basis for each vehicle owned and operated by a limousine carrier. The commissioner commission shall provide, by rule or regulation, for the scope of such inspections, the qualifications of persons who may conduct such inspections, and the manner by which the results of such inspections shall be reported to the department commission.
46-7-85.6. No certificate issued under this article may be leased, assigned, or otherwise transferred or encumbered unless authorized by the commissioner commission.
46-7-85.7. The commissioner commission may cancel, revoke, or suspend any certificate issued under this article on any of the following grounds:
(1) The violation of any of the provisions of this article; (2) The violation of an order, decision, rule, regulation, or requirement established by the commissioner commission pursuant to this article; (3) Failure of a limousine carrier to pay a fee imposed on the carrier within the time required by law or by the commissioner commission; (4) Failure of a limousine carrier to maintain required insurance in full force and effect; and (5) Failure of a limousine carrier to operate and perform reasonable services.
46-7-85.8. After the cancellation or revocation of a certificate or during the period of its suspension, it is unlawful for a limousine carrier to conduct any operations as such a carrier.
46-7-85.9. Pursuant to rules and regulations prescribed by the commissioner of driver services, each chauffeur employed by a limousine carrier shall register with the commissioner and secure from the Department of Driver Services a permit as a limousine chauffeur. A chauffeurs permit issued under this subsection Code section shall be upon a form

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prescribed by the commissioner of driver services and shall bear thereon a distinguishing number assigned to the permittee, the full name and a photograph of the permittee, and such other information or identification as is required by the commissioner of driver services. Every chauffeur employed by a limousine carrier shall have his or her chauffeurs permit in his or her immediate possession at all times while operating a limousine. All applications for a chauffeurs permit shall be accompanied by such fee as the commissioner of driver services shall prescribe. The chauffeurs permit shall be valid for four calendar years. The commissioner Department of Driver Services may issue a chauffeurs permit by mail.
46-7-85.10. In order to secure a chauffeurs permit, an applicant must provide the following information on a form provided by the commissioner of driver services. The applicant must:
(1) Be at least 18 years of age; (2) Possess a valid Georgia drivers license which is not limited as defined in Code Section 40-5-64; and
(3)(A) Not have been convicted, been on probation or parole, or served time on a sentence for a period of five years previous to the date of application for the violation of any of the following criminal offenses of this state or any other state or of the United States: criminal homicide, rape, aggravated battery, mayhem, burglary, aggravated assault, kidnapping, robbery, driving a motor vehicle while under the influence of intoxicating beverages or drugs, child molestation, any sex related offense, leaving the scene of an accident, criminal solicitation to commit any of the above, any felony in the commission of which a motor vehicle was used, perjury or false swearing in making any statement under oath in connection with the application for a chauffeurs permit, any law involving violence or theft, or possession, sale, or distribution of narcotic drugs, barbituric acid derivatives, or central nervous system stimulants; provided, however, that all applicants shall be entitled to the full benefits of Article 3 of Chapter 8 of Title 42, relating to first offender probation. (B) If at the time of application the applicant is charged with any of the offenses described in subparagraph (A) of this paragraph, consideration of the application shall be suspended until entry of a plea or verdict or dismissal. (C) If after the issuance of a permit a person is charged with any of the offenses described in subparagraph (A) of this paragraph, the permit shall be suspended pending disposition of such charge. If the person is convicted of such charge, the permit shall be revoked. (D) For purposes of this paragraph, a plea of nolo contendere to any of the offenses set out in this paragraph shall constitute a conviction.
46-7-85.11. The State of Georgia fully occupies and preempts the entire field of regulation over

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limousine carriers as regulated by this article; provided, however, that the governing authority of any county or municipal airport shall be authorized to permit any limousine carrier doing business at any such airport and may establish fees as part of such permitting process; provided, further, that counties and municipalities may enact ordinances and regulations which require limousine carriers which are domiciled within their boundaries to pay business license fees.
46-7-85.12. A limousine carrier operating under a certificate issued by the commissioner commission shall be required to file with the commissioner commission a tariff of rates and charges.
46-7-85.13. Before the commissioner commission shall enter any order, regulation, or requirement directed against any limousine carrier, such carrier shall first be given reasonable notice and an opportunity to be heard on the matter.
46-7-85.14. Reserved. A limousine carrier may obtain a temporary permit for a period of 21 consecutive days beginning and ending on the dates specified on the face of the permit. Temporary permits shall be obtained by limousine carriers which make only infrequent trips within and through this state. The fee for each temporary certificate shall be $100.00 per week and $20.00 for each vehicle. No temporary permit shall be issued without the commissioner having first received satisfactory proof that the carrier meets the insurance requirements of the rules and regulations of the commissioner. A temporary permit shall be carried in the motor vehicle for which it was issued at all times such vehicle is in this state. The commissioner may issue a temporary permit by facsimile message or letter. Any chauffeur operating a limousine under a temporary permit issued pursuant to this Code section shall be required to obtain a chauffeurs permit.
46-7-85.15. Each limousine carrier which registers any vehicle under this article shall, for each such certificated vehicle, affix to the center of the front bumper of each such certificated vehicle a standard size license plate bearing the following information: (1) limousine company name, (2) city and state of principal domicile, (3) company telephone number, and (4) the vehicle classification, IE-1. The cost for such license plate shall be the sole responsibility of the limousine carrier and must be placed on each certificated vehicle prior to said vehicle being placed in service and no later than May 1, 1994, for all such vehicles currently owned and to be registered and operated by a limousine carrier.
46-7-85.16. Reserved.

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46-7-85.17. The commissioner commission shall promulgate such rules and regulations as are necessary to effectuate and administer the provisions of this article."
SECTION 28-7. Said Title 46 is further amended by striking Code Section 46-11-2, relating to purpose of the law relating to transportation of hazardous materials, and inserting in its place a new Code Section to read as follows:
"46-11-2. "The General Assembly finds that the transportation of hazardous materials on the public roads of this state presents a unique and potentially catastrophic hazard to the public health, safety, and welfare of the people of Georgia and that the protection of the public health, safety, and welfare requires control and regulation of such transportation to minimize that hazard; to that end this chapter is enacted. The Department of Motor Vehicle Public Safety is designated as the agency to implement this chapter."
SECTION 28-8. Said Title 46 is further amended in Code Section 46-11-3, relating to definitions applicable to transportation of hazardous materials, by striking paragraph (2) and inserting in its place a new paragraph to read as follows:
"(2) 'Commissioner' means the commissioner of motor vehicle safety public safety."
SECTION 28-9. Said Title 46 is further amended in Code Section 46-11-4, relating to regulation of transportation of hazardous materials, by striking subsection (f) and inserting in its place a new subsection to read as follows:
"(f) Every such permit shall be carried in the vehicles or combination of vehicles to which it refers and shall be open to inspection by any law enforcement officer or employee of the Department of Motor Vehicle Safety who has been given enforcement authority by the commissioner."
SECTION 28-10. Said Title 46 is further amended by striking Code Section 46-11-5, relating to rules for the transportation of hazardous materials, and inserting in its place a new Code section to read as follows:
"46-11-5. (a) The commissioner is authorized and empowered to adopt, promulgate, amend, repeal, or modify such standards, rules, and regulations and to issue such orders, authorizations, or amendments or modifications thereof as are necessary to implement this chapter. Any standards, rules, or regulations adopted pursuant to this chapter, if consistent with the applicable laws relating to adoption of such standards, rules, or regulations, shall have the force and effect of law.

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(b)(1) As used in this subsection, the term 'anhydrous ammonia' means any substance identified to contain the compound ammonia which is capable of being utilized in the production of methamphetamine or any other controlled substance. (2) Any person, firm, or corporation transporting methamphetamine, amphetamine, any mixture containing either methamphetamine or amphetamine, anhydrous ammonia, or any mixture containing anhydrous ammonia shall be subject to all rules and regulations promulgated by the commissioner pursuant to this chapter governing the safe operation of motor vehicles and drivers and the safe transportation of hazardous materials. (3) Notwithstanding any other provision of law, the commissioner may impose civil monetary penalties in an amount not to exceed $25,000.00 for each violation of any rules and regulations promulgated pursuant to this chapter or Code Section 46-7-26 with respect to persons transporting methamphetamine, amphetamine, any mixture containing either methamphetamine or amphetamine, anhydrous ammonia, or any mixture containing anhydrous ammonia."
SECTION 28-11. Said Title 46 is further amended by striking Code Section 46-11-6, relating to enforcement concerning hazardous materials transportation, and inserting in its place a new Code section to read as follows:
"46-11-6. (a) The commissioner is authorized to employ such persons as may be necessary, in the discretion of the commissioner, for the proper enforcement of this chapter, the salaries for such employees to be fixed by the commissioner. (b) The commissioner is vested with police powers and authority to designate, deputize, and delegate to employees of the Department of Motor Vehicle Public Safety the necessary authority to enforce this chapter, including the power to stop and inspect all motor vehicles using the public highways for purposes of determining whether such vehicles have complied with and are complying with the provisions of this chapter and all other laws regulating the use of the public highways by motor vehicles, and to arrest all persons found in violation thereof."
PART XXIX Amendments to Title 48. Revenue and taxation.
SECTION 29-1.
Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-5-126.1, relating to training classes for county tax collectors and tax commissioners, by striking subsections (b) through (g) and inserting in their place new subsections to read as follows:
"(b) In the event a county tax collector or tax commissioner who has never served in such office prior to January 1, 1982, assumes the office during a regular term of office,

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such local tax official shall be required to obtain special training and instruction from the Department of Motor Vehicle Safety Driver Services and the Property Tax Division of the Department of Revenue in lieu of the training requirements of subsection (a) of this Code section. (c) Beginning January 1, 2005, each county tax collector or tax commissioner shall be required to attend 15 hours of training classes on county tax administration, property taxation, motor vehicle titling and registration, or related matters during each year of service as a county tax collector or tax commissioner. For the purposes of satisfying the requirements of this subsection, credit will be given for attendance of the county taxation seminar conducted by the University of Georgia under the supervision of the Georgia Center for Continuing Education or any seminar conducted by the Department of Revenue, the Department of Motor Vehicle Safety Driver Services, the Georgia Association of Tax Officials, or other similarly qualified organization of affiliated tax officials, or certain management, supervisory, leadership, or accounting seminars that qualify for continuing education credits. This training shall be generally devoted to contemporary business and taxation practices and shall be germane to the duties and operational functions of the office of county tax collector or tax commissioner. This subsection shall not apply to a county tax collector or tax commissioner who is serving the first year of such officials initial term of office. (d) The costs of attending the training classes required by this Code section shall be met by the payment of registration fees by each local tax official attending such classes. Each local tax official shall be reimbursed by such officials county for the amount of such fees and related travel expenses. (e) The instructors for the training classes required by this Code section shall consist of representatives of the Department of Revenue, the Department of Motor Vehicle Safety Driver Services, the Georgia Association of Tax Officials or other similarly qualified organization of affiliated tax officials, the Georgia Center for Continuing Education, or any other qualified persons with expertise in the field of county tax administration, property taxation, motor vehicle titling and registration, or related matters. (f) The commissioners of the Department of Revenue and the Department of Motor Vehicle Safety Driver Services may adopt and enforce reasonable rules and regulations governing the establishment and administration of the training classes provided for by this Code section. (g) The commissioners of the Department of Revenue and the Department of Motor Vehicle Safety Driver Services are authorized to work with officials and personnel of the Georgia Center for Continuing Education in establishing the training classes to be held at that institution."
SECTION 29-2. Said Title 48 is further amended by striking Code Section 48-5-474, relating to return of motor vehicles for ad valorem taxation, and inserting in its place a new Code section to read as follows:
"48-5-474.

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The application for registration of a motor vehicle and for the purchase of a license plate for the motor vehicle shall constitute the return of that motor vehicle for ad valorem taxation but only if ad valorem taxes are due at the time of registration. The state revenue commissioner and the commissioner of motor vehicle safety driver services are directed to jointly prescribe a form for the application for registration which shall provide the information needed by the tax commissioner or tax collector in determining the amount of taxes due under this article."
SECTION 29-3. Said Title 48 is further amended by striking Code Section 48-5-475, relating to sale of motor vehicle license plates, and inserting in its place a new Code section to read as follows:
"48-5-475. All original motor vehicle license plates shall be sold by the tax collector or tax commissioner of the several counties. Such officials are designated as agents of the commissioner of motor vehicle safety driver services for the purpose of accepting applications for the registration of motor vehicles and as agents of the state revenue commissioner for purposes of collecting ad valorem taxes in connection with the registration of motor vehicles. The duties and responsibilities incident to the exercise of this designation shall be a part of the official duties and responsibilities of the various tax collectors and tax commissioners."
SECTION 29-4. Said Title 48 is further amended in Code Section 48-7-29.5, relating to income tax credits for driver education expenditures, by striking subsection (a) and inserting in its place a new subsection to read as follows:
"(a) A taxpayer shall be allowed a credit against the tax imposed by Code Section 487-20 with respect to the amount expended by such taxpayer for a completed course of driver education for a dependent minor child of such taxpayer at a private driver training school licensed by the Department of Motor Vehicle Safety Driver Services under Chapter 13 of Title 43, 'The Driver Training School License Act,' except as otherwise provided by this Code section. The amount of such tax credit per dependent minor child of a taxpayer shall be the actual amount expended for such course, or $150.00, whichever is less."
SECTION 29-5. Said Title 48 is further amended in Code Section 48-7-40.16, relating to income tax credits for low-emission vehicles, by striking paragraph (6) of subsection (a) and inserting in its place a new paragraph to read as follows:
"(6) 'Motor vehicle' means any self-propelled vehicle designed for transporting persons or property on a street or highway that is registered by the Department of Motor Vehicle Safety Driver Services, except vehicles that are defined as 'low-speed vehicles' in paragraph (25.1) of Code Section 40-1-1."

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SECTION 29-6. Said Title 48 is further amended in Code Section 48-8-3, relating to exemptions from sales and use taxation, by striking paragraph (5) and inserting in its place a new paragraph to read as follows:
"(5)(A) Fares and charges, except charges for charter and sightseeing service, collected by an urban transit system for the transportation of passengers. (B) As used in this paragraph, the term:
(i) 'Public transit system primarily urban in character' shall include a transit system operated by any entity which provides passenger transportation services by means of motor vehicles having passenger-carrying capacity within or between standard metropolitan areas and urban areas, as those terms are defined in Code Section 32-2-3, of this state. (ii) 'Urban transit system' means a public transit system primarily urban in character which is operated by a street railroad company or a motor common carrier, is subject to the jurisdiction of the Department of Motor Vehicle Safety Public Service Commission, and whose fares and charges are regulated by the Department of Motor Vehicle Safety Public Service Commission, or is operated pursuant to a franchise contract with a municipality of this state so that its fares and charges are regulated by or are subject to the approval of the municipality. An urban transit system certificate shall be issued by the Department of Motor Vehicle Safety Public Service Commission, or by the municipality which has regulatory authority, upon an affirmative showing that the applicant operates an urban transit system. The certificate shall be obtained and filed with the commissioner and shall continue in effect so long as the holder of such certificate qualifies as an urban transit system. Any urban transit system certificate granted by the Department of Motor Vehicle Safety prior to January 1, 2002, shall be deemed valid as of the date it was issued;".
Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to state government in general, is amended by striking Code Section 50-1-2, relating to the Coordination Council for North American Affairs of the Republic of China, and inserting in its place a new Code Section 50-1-2 to read as follows:
"50-1-2. The Atlanta office of the Coordination Council for North American Affairs of the Republic of China Taipei Economic and Cultural Representatives Office in the United States, while it maintains an office in Atlanta the State of Georgia, shall be accorded the same privileges and exemptions concerning taxation, automobile license plates the operation of motor vehicles, education, diplomatic immunity, and any other privileges and exemptions, except that the automobile license plate shall state 'foreign government' or similar words as the commissioner of motor vehicle safety shall deem appropriate in lieu of the words 'consular corps,' as were formerly enjoyed by the Consulate General of the Republic of China and which are extended to consulates

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general of foreign countries generally as provided by the Taiwan Relations Act, 22 U.S.C. Section 3301, et seq."
PART XXX Amendment to Chapter 50-1. State government in general.
SECTION 30-1.
Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to state government in general, is amended by striking Code Section 50-1-2, relating to the Coordination Council for North American Affairs of the Republic of China, and inserting in its place a new Code Section 50-1-2 to read as follows:
"50-1-2. The Atlanta office of the Coordination Council for North American Affairs of the Republic of China Taipei Economic and Cultural Representatives Office in the United States, while it maintains an office in Atlanta the State of Georgia, shall be accorded the same privileges and exemptions concerning taxation, automobile license plates the operation of motor vehicles, education, diplomatic immunity, and any other privileges and exemptions, except that the automobile license plate shall state 'foreign government' or similar words as the commissioner of motor vehicle safety shall deem appropriate in lieu of the words 'consular corps,' as were formerly enjoyed by the Consulate General of the Republic of China and which are extended to consulates general of foreign countries generally as provided by the Taiwan Relations Act, 22 U.S.C. Section 3301, et seq."
PART XXXI Amendment to Title 52. Waters of the state, ports, and watercraft.
SECTION 31-1.
Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, is amended in Code Section 52-7-12.6, relating to boating privileges, by striking subsection (a) and inserting in its place a new subsection to read as follows:
"(a) Any operators privilege to operate a vessel on the waters of this state required to be suspended under subsection (d) of Code Section 52-7-12.5 shall be suspended subject to the following terms and conditions:
(1) Upon the first suspension pursuant to subsection (d) of Code Section 52-7-12.5 within the previous five years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for one year. Not sooner than 30 days following the effective date of suspension, the person may apply to the department for reinstatement of his or her operators privilege. Such privilege shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use

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Risk Reduction Program approved by the Department of Human Resources Driver Services. An operators privilege suspended pursuant to Code Section 52-7-12.5 shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources Driver Services; (2) Upon the second suspension pursuant to subsection (d) of Code Section 52-7-12.5 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for three years. Not sooner than 120 days following the effective date of suspension, the person may apply to the department for reinstatement of the persons operators privilege. Such privilege shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources Driver Services. An operators privilege suspended pursuant to Code Section 52-7-12.5 shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources Driver Services; and (3) Upon the third or subsequent suspension pursuant to subsection (d) of Code Section 52-7-12.5 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for not less than five years and until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources Driver Services."

PART XXXII Effective dates and repealer.
SECTION 32-1.

This Act shall become effective July 1, 2005, except that the provisions of subsection (b) of Code Section 40-16-3.1 shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval.

SECTION 32-2. All laws and parts of laws in conflict with this Act are repealed.

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

Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard

N Crawford N Cummings Y Davis Y Day N Dean

N Holmes Y Holt Y Horne E Houston N Howard

Y Maxwell Y May N McCall N McClinton Y Meadows

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler

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E Barnes N Bearden
Beasley-Teague N Benfield N Benton N Black N Bordeaux E Borders Y Bridges N Brooks Y Brown N Bruce E Bryant N Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd N Carter Y Casas Y Chambers N Channell N Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T Y Cooper Y Cox

Y Dickson E Dodson N Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick
Graves, D Y Graves, T N Greene N Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A

Y Hudson N Hugley N Jackson N Jacobs N James N Jamieson N Jenkins E Jennings N Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown N Kidd Y Knight Y Knox N Lakly N Lane, B N Lane, R Y Lewis Y Lindsey N Lord Y Loudermilk E Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin Y Martin

Y Millar N Miller Y Mills N Mitchell N Morgan N Morris N Mosby Y Mosley N Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock E Parham E Parrish N Parsons N Porter N Powell Y Ralston
Randall N Ray N Reece, B Y Reece, S Y Reese Y Rice Y Roberts N Rogers N Royal Y Rynders

Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker N Warren N Watson Y Wilkinson Y Willard N Williams, A N Williams, E N Williams, R N Wix Y Yates
Richardson, Speaker

On the adoption of the Committee substitute, the ayes were 82, nays 82.

The Chair voted "aye".

On the adoption of the Committee substitute, the ayes were 83, nays 82.

The Committee substitute was adopted.

Representative Powell of the 29th moved that the House reconsider its action in adopting the Committee Substitute to HB 501:

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

Abdul-Salaam N Amerson Y Anderson Y Ashe N Barnard E Barnes

Y Crawford Y Cummings N Davis N Day Y Dean N Dickson

Y Holmes N Holt N Horne E Houston Y Howard N Hudson

N Maxwell N May
McCall N McClinton N Meadows N Millar

Sailor N Scheid N Scott, A N Scott, M N Setzler
Shaw

FRIDAY, MARCH 11, 2005

2089

Y Bearden Beasley-Teague
Y Benfield Y Benton Y Black Y Bordeaux E Borders N Bridges Y Brooks N Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G N Burkhalter N Burmeister N Burns N Butler N Byrd Y Carter N Casas N Chambers Y Channell Y Cheokas N Coan N Cole N Coleman, B Y Coleman, T N Cooper N Cox

E Dodson Y Dollar Y Drenner Y Dukes N Ehrhart N England Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin N Freeman Y Gardner N Geisinger N Golick
Graves, D N Graves, T Y Greene Y Hanner N Harbin N Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree N Henson N Hill, C N Hill, C.A

Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson N Jones, J Y Jones, S Y Jordan N Keen N Keown Y Kidd N Knight N Knox Y Lakly Y Lane, B Y Lane, R N Lewis N Lindsey Y Lord N Loudermilk E Lucas N Lunsford N Maddox Y Mangham N Manning Y Marin N Martin

Y Miller N Mills Y Mitchell N Morgan Y Morris Y Mosby N Mosley Y Mumford N Murphy, J Y Murphy, Q N Neal Y Oliver N O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell N Ralston
Randall Y Ray Y Reece, B N Reece, S N Reese N Rice N Roberts Y Rogers Y Royal N Rynders

N Sheldon N Sims, C Y Sims, F Y Sinkfield N Smith, B N Smith, L Y Smith, P N Smith, R N Smith, T N Smith, V Y Smyre Y Stanley-Turner N Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin Y Walker Y Warren Y Watson N Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Richardson, Speaker

On the motion, the ayes were 79, nays 84.

The motion was lost.

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

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

Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard E Barnes N Bearden
Beasley-Teague N Benfield N Benton N Black

N Crawford N Cummings Y Davis Y Day N Dean Y Dickson E Dodson N Dollar N Drenner N Dukes Y Ehrhart

N Holmes Y Holt Y Horne E Houston N Howard Y Hudson N Hugley N Jackson N Jacobs N James N Jamieson

Y Maxwell Y May Y McCall N McClinton Y Meadows Y Millar N Miller Y Mills N Mitchell N Morgan N Morris

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B

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N Bordeaux E Borders Y Bridges N Brooks Y Brown N Bruce E Bryant N Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd N Carter Y Casas Y Chambers N Channell N Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T Y Cooper Y Cox

Y England N Epps Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T N Greene N Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A

N Jenkins E Jennings N Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown N Kidd Y Knight Y Knox Y Lakly Y Lane, B N Lane, R Y Lewis Y Lindsey N Lord Y Loudermilk E Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin Y Martin

N Mosby Y Mosley N Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock E Parham E Parrish Y Parsons N Porter N Powell Y Ralston
Randall N Ray N Reece, B Y Reece, S Y Reese Y Rice Y Roberts N Rogers Y Royal Y Rynders

Y Smith, L N Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker N Warren N Watson Y Wilkinson Y Willard N Williams, A N Williams, E N Williams, R N Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 89, nays 76.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Scott of the 153rd moved that the House reconsider its action in failing to give the requisite constitutional majority to HB 501:

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

Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard E Barnes N Bearden
Beasley-Teague N Benfield N Benton N Black N Bordeaux E Borders Y Bridges N Brooks Y Brown N Bruce

N Crawford N Cummings Y Davis Y Day N Dean Y Dickson E Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Fleming N Floyd, H N Floyd, J N Fludd

N Holmes Y Holt Y Horne E Houston N Howard Y Hudson N Hugley N Jackson N Jacobs N James N Jamieson N Jenkins E Jennings N Johnson Y Jones, J N Jones, S N Jordan

Y Maxwell Y May Y McCall N McClinton Y Meadows Y Millar N Miller Y Mills N Mitchell N Morgan N Morris N Mosby Y Mosley N Mumford Y Murphy, J N Murphy, Q Y Neal

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre

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2091

E Bryant N Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers N Channell N Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T Y Cooper Y Cox

Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T N Greene N Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A

Y Keen Y Keown N Kidd Y Knight Y Knox N Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey N Lord Y Loudermilk E Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin Y Martin

N Oliver Y O'Neal N Orrock E Parham E Parrish Y Parsons N Porter N Powell Y Ralston
Randall N Ray N Reece, B Y Reece, S Y Reese Y Rice Y Roberts N Rogers N Royal Y Rynders

N Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker N Warren N Watson Y Wilkinson Y Willard N Williams, A N Williams, E N Williams, R N Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 89, nays 76.

The motion prevailed.

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

Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard E Barnes N Bearden
Beasley-Teague N Benfield N Benton N Black N Bordeaux E Borders Y Bridges N Brooks Y Brown N Bruce E Bryant N Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd

N Crawford N Cummings Y Davis Y Day N Dean Y Dickson E Dodson N Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T

N Holmes Y Holt Y Horne E Houston N Howard Y Hudson N Hugley N Jackson N Jacobs N James N Jamieson N Jenkins E Jennings N Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown N Kidd Y Knight Y Knox Y Lakly Y Lane, B N Lane, R

Y Maxwell Y May Y McCall N McClinton Y Meadows Y Millar N Miller Y Mills N Mitchell N Morgan N Morris N Mosby Y Mosley N Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock E Parham E Parrish Y Parsons N Porter N Powell

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin

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JOURNAL OF THE HOUSE

N Carter Y Casas Y Chambers N Channell N Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T Y Cooper Y Cox

N Greene N Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A

Y Lewis Y Lindsey N Lord Y Loudermilk E Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin Y Martin

Y Ralston Randall
N Ray N Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Walker N Warren N Watson Y Wilkinson Y Willard N Williams, A N Williams, E N Williams, R N Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 90, nays 75.

The Chair voted "aye".

On the passage of the Bill, by substitute, the ayes were 91, nays 75.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Scott of the 153rd moved that HB 501 be immediately transmitted to the Senate.

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

Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard E Barnes N Bearden
Beasley-Teague N Benfield N Benton Y Black N Bordeaux E Borders Y Bridges N Brooks Y Brown N Bruce E Bryant N Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler

Y Crawford N Cummings Y Davis Y Day
Dean Y Dickson E Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D

N Holmes Holt
Y Horne E Houston N Howard Y Hudson N Hugley N Jackson N Jacobs N James N Jamieson N Jenkins E Jennings N Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown N Kidd Y Knight Y Knox Y Lakly Y Lane, B

Y Maxwell Y May Y McCall N McClinton Y Meadows Y Millar Y Miller Y Mills
Mitchell N Morgan N Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal
Oliver Y O'Neal N Orrock E Parham E Parrish Y Parsons N Porter

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B

FRIDAY, MARCH 11, 2005

2093

Y Byrd Y Carter Y Casas Y Chambers Y Channell N Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T Y Cooper Y Cox

Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K
Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A

Y Lane, R Y Lewis Y Lindsey N Lord Y Loudermilk E Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin Y Martin

Powell Y Ralston
Randall Y Ray N Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Tumlin Y Walker N Warren N Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 101, nays 58.

The motion prevailed.

HB 418. By Representatives Maxwell of the 17th, Knox of the 24th, Meadows of the 5th, Murphy of the 120th, Dodson of the 75th and others:

A BILL to be entitled an Act to amend Code Section 33-24-44 of the Official Code of Georgia Annotated, relating to cancellation of policies generally, so as to provide for electronic notice of cancellation of policies to lienholders; 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:

Abdul-Salaam Y Amerson N Anderson Y Ashe Y Barnard E Barnes Y Bearden
Beasley-Teague Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown N Bruce E Bryant Buckner, D

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps
Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin

Y Holmes Y Holt Y Horne E Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson
Jones, J Y Jones, S Y Jordan Y Keen Y Keown

Y Maxwell Y May
McCall N McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens

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JOURNAL OF THE HOUSE

Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas
Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene
Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

N Orrock E Parham E Parrish Y Parsons
Porter Y Powell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

N Stephenson Y Talton
Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 144, nays 8.

The Bill, having received the requisite constitutional majority, was passed.

HB 455. By Representatives Murphy of the 23rd, Rice of the 51st, Parham of the 141st, Powell of the 29th and Dollar of the 45th:

A BILL to be entitled an Act to amend provisions of the O.C.G.A., relating to new and used motor vehicle dealers; to amend Chapter 2 of Title 40 of the O.C.G.A., relating to registration and licensing of motor vehicles, so as to provide for use of the vehicle identification number on temporary license plates; to provide that all temporary plates shall be required to have a holographic security image and a write resistant overlay; to require all sellers and distributors of holographic strips to register with the department; to provide for dealers plates; to provide for the replacement of lost or stolen plates; to delete references to temporary sites for selling motor vehicles; to provide for civil, administrative, and criminal penalties; to amend Chapter 47 of Title 43 of the O.C.G.A., relating to used motor vehicle and used motor vehicle parts dealers; 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 provisions of the Official Code of Georgia Annotated relating to new and used motor vehicle dealers; 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

FRIDAY, MARCH 11, 2005

2095

use of the vehicle identification number on temporary license plates; to provide that all temporary plates shall be required to have a holographic security image and a write resistant overlay; to require all sellers and distributors of holographic strips to register with the department; to provide for dealers plates; to provide for the replacement of lost or stolen plates; to provide for temporary site permits for new motor vehicle dealers; to provide for civil, administrative, and criminal penalties; to repeal and reserve Code Section 40-2-153, relating to registration and licensing of makers and dealers of motor vehicles; to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle and used motor vehicle parts dealers, so as to change the definition of "temporary site"; to provide for temporary site permits for used motor vehicle dealers; 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 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking subparagraph (b)(2)(B) and paragraph (3) of subsection (b) of Code Section 40-2-8, relating to operation of an unregistered vehicle or vehicle without a current license plate, and inserting in their respective places the following:
"(B)(i) Any dealer of new or used motor vehicles shall issue to the purchaser of a vehicle at the time of sale thereof, unless at such time the purchaser makes application to transfer to such vehicle in accordance with this chapter a valid license plate issued to him or her or unless such vehicle is to be registered under the International Registration Plan, a temporary plate which may bear the dealers name and location and shall bear, in characters not less than one-quarter of an inch wide and one and one-half inches high, the expiration date of the period within which the purchaser is required by Code Section 40-2-20 to register such vehicle. Such temporary plates shall be made of heavy stock paper, inscribed with indelible ink, and designed to resist deterioration or fading due to exposure to the elements during the period for which display is required. The expiration date, may the vehicle identification number, and the year, make, and model of the vehicle shall be handprinted on the plate at the time of issuance by use of an indelible ink marker, with contrasting ink, provided that the month of expiration shall be indicated by complete word or by three-letter abbreviation thereof. The expiration date of such a temporary plate may be revised and extended by the county tag agent only if an extension of the purchasers initial registration period has been granted as provided by Code Section 40-2-20. Such temporary plate shall not resemble a license plate issued by this state and shall be issued without charge or fee therefor. Such temporary plate shall be surrendered to the tag agent at the time the vehicle is registered, and the tag agent shall destroy such temporary plate. The requirements of this subparagraph do not apply to a dealer whose primary business

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is the sale of salvage motor vehicles and other vehicles on which total loss claims have been paid by insurers. (ii) All temporary plates issued by dealers to purchasers of vehicles on or after January 1, 2001, shall be of a standard design prescribed by regulation promulgated by the Department of Motor Vehicle Safety in accordance with the requirements of this subparagraph. Temporary plates issued by dealers to purchasers prior to such date may be of any design if such plates meet the requirements of this subparagraph. All temporary plates shall be required to have a holographic security image and a write-resistant overlay with security features such that any attempt to change or modify the expiration date on the temporary plate will show immediate signs of tampering. All holographic security images required under this division and manufactured on or after July 1, 2005, shall be numbered with a separate and distinct number at the point of manufacture. All holographic security images affixed to temporary plates on or after January 1, 2006, shall be numbered as required by this division. (3) All sellers and distributors of holographic strips must register with the department and shall be assigned a distinct identifier by the department. Such identifier shall precede the numbers required under division (b)(2)(B)(ii) of this Code section. All sellers and distributors of holographic security images must maintain an inventory record of holographic security images by number and purchaser. (3)(4) The purchaser and operator of a vehicle shall not be subject to the penalties set forth in this Code section during the period allowed for the registration. If the owner of such vehicle presents evidence that such owner has properly applied for the registration of such vehicle, but that the license plate or revalidation decal has not been delivered to such owner, then the owner shall not be subject to the above penalties."
SECTION 2. Said chapter is further amended by striking Code Section 40-2-38, relating to registration and licensing of dealers and manufacturers of motor vehicles, and inserting in its place the following:
"40-2-38. (a) Manufacturers, distributors, and dealers engaged in the manufacture, sale, or leasing of vehicles required to be registered under Code Section 40-2-20 shall register with the commissioner, making application for a distinguishing dealers number, specifying the name and make of motor vehicle, tractor, or trailer manufactured, sold, or leased by them, upon forms prepared by the commissioner for such purposes, and pay therefor a fee of $62.00, which shall accompany such application. Upon payment of such fee by a dealer, the commissioner shall furnish to the dealer one master number plate to expire December 31 of odd-numbered years each year, to be known as a dealers number, and to be distinguished from the number plates provided for in this chapter by a different and distinguishing color colors to be determined by the commissioner, with the word 'Dealer' on same; a. The dealer plate for a franchise motor

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vehicle dealer shall be distinguishable from the dealer plate for a used car dealer. A dealers number plate to be is for the purpose of demonstrating or transporting dealers vehicles or trailers for sale or lease. Persons engaged in the business of transporting vehicles for a dealer under a vehicles own power shall be permitted to use such dealers plate for the purpose of transporting a vehicle.
(1) No dealer may use or permit to be used a dealers number for private use or on cars for hire, for lease, or other manner not provided for in this Code section. A dealer may use or permit to be used a dealers number for private use on vehicles owned by the dealership, regardless of whether such vehicle has been issued a certificate of title or registered, when such vehicles are operated by an employee or corporate officer of the dealer which has been issued such number. A distinguishing dealers number used by an employee or officer for private use shall authorize such person to operate the vehicle to which the number is attached on the public highways and streets. A dealer may apply for one or more distinguishing dealers numbers. For purposes of this paragraph, 'employee' means a person who works a minimum of 36 hours per week at the dealership. (2) The manufacturers or distributors license plate is limited to no longer than six months use per vehicle. Upon payment of such a fee by a manufacturer or distributor, the commissioner shall issue to manufacturers and distributors number plates with the word 'Manufacturer' or 'Distributor' on such plates. Nothing in this subsection shall preclude a manufacturer or distributor from using a 'Manufacturer' or 'Distributor' number plate on motor vehicles it owns when such vehicles are used for evaluation or demonstration purposes, notwithstanding incidental personal use by a manufacturer or distributor. A dealer may apply for one or more distinguishing dealers numbers. In the event the dealers, distributors, or manufacturers desire more than one tag, they shall so state on the application, and, in addition to the fee of $62.00 provided in this Code section, shall pay $12.00 for each and every additional number plate furnished. Persons engaged in the business of transporting vehicles for others under such vehicles own power shall likewise be entitled to obtain license plates under this Code section, but such plates shall be used only on vehicles being transported. (b) Dealer plates shall be issued in the following manner: (1) Dealers shall be issued a master plate and two additional plates, for a total of three initial plates; and (2) In addition to the three dealer plates issued in accordance with paragraph (1) of this subsection, each dealer may also be issued one additional dealer plate for every 20 retail units sold in a calendar year. In order to determine the additional number of plates to be issued to a dealer, a dealer shall be required to certify to the department the number of retail units sold in the prior calendar year using the past motor vehicle sales history of the dealer. If no sales history is available, the department shall issue a number of plates based on an estimated number of sales for the coming calendar year. The department may, in its discretion, increase or decrease the number of plates issued based on actual sales.

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(c) Persons engaged in the business of transporting mobile homes and house trailers for others shall likewise be entitled to obtain license plates under this Code section. The commissioner is authorized to promulgate rules and regulations covering the issuance of plates to such persons; provided, however, this Code section shall not apply in any manner to farm tractors. (c)(d) This Code section shall not apply in any manner to mopeds as such term is defined in Code Section 40-1-1. (d)(e) The license plates issued pursuant to this Code section shall be revoked and confiscated upon a determination after a hearing that such dealer, distributor, manufacturer, or person engaged in transporting mobile homes and house trailers has unlawfully used such license plates in violation of this Code section. (f) If a license plate issued pursuant to this Code section is lost or stolen, the dealer, manufacturer, distributor, or other party to whom the license plate was issued must immediately report the lost or stolen plate to local law enforcement agencies. If a replacement license plate is sought, the dealer, manufacturer, distributor, or other party to whom the license late was issued shall file a notarized affidavit with the department requesting a replacement plate. Such affidavit shall certify under penalty of perjury that the license plate has been lost or stolen and that the loss has been reported to a local law enforcement agency."
SECTION 3. Said chapter is further amended by striking Code Section 40-2-39, relating to registration and licensing of new motor vehicle dealers, and inserting in its place the following:
"40-2-39. (a) As used in this Code section, the term:
(1) 'Dealer' means any person engaged in the business of selling or leasing or offering to sell or lease new motor vehicles and who is licensed or otherwise authorized to utilize trademarks or service marks associated with one or more makes of motor vehicles in connection with such sales or leases. The term 'dealer' shall not mean any person engaged solely in the business of selling used motor vehicles and shall not mean any person engaged in the solicitation, advertising, or financing of the sale of new motor vehicles and shall not mean any person engaged solely in activities as a manufacturer or distributor of new motor vehicles. (2) 'Distributor' means any person who, pursuant to a contract with a manufacturer, sells or offers to sell new motor vehicles to new motor vehicle dealers. (3) 'Established place of business' means a permanent salesroom or sales office of a new motor vehicle dealer, which permanent salesroom or sales office is located in a permanent building on an open lot and which is marked by an appropriate sign and at which a permanent business of bartering, trading, or selling of new motor vehicles is carried on in good faith. (4) 'Manufacturer' means any person who makes or assembles new motor vehicles. (5) 'Motor vehicle' means every self-propelled vehicle intended primarily for use and operation on the public highways, except farm tractors and other machines and tools

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used in the production, harvesting, and care of farm products and except construction equipment. (6) 'New motor vehicle' means a motor vehicle which has been sold to a dealer and on which the original motor vehicle title has not been issued. (7) 'Person' means every natural person, partnership, corporation, association, trust, estate, or any other legal entity. (8) 'Temporary site' means a location at which new or used motor vehicles are sold or offered for sale for which a temporary site permit has been issued by the Department of Motor Vehicle Safety in accordance with paragraph (4) of subsection (b) of this Code Section and which location is:
(A) Used for a period not to exceed 96 hours in any one-month 30 day period of time; (B) Used not more than three times in any calendar year; and (C) Located in the county which is within two counties of the county in which the established place of business of the new motor vehicle dealer using the temporary site is located. (9) 'Trade shows' means the display or solicitation for sale of new motor vehicles at a location other than the established place of business at which the sales transaction is accomplished or at which delivery of the new motor vehicle is completed. (b)(1) It shall be unlawful for any person to engage in any activity as a new motor vehicle dealer unless and until such person has registered with the commissioner and obtained a dealers number license plate under Code Section 40-2-38 for each established place of business at which the person engages in such activity. The commissioner shall not accept such application for registration and shall not issue a dealers number license plate unless and until the applicant establishes to the satisfaction of the commissioner, under criteria established by rules or regulations promulgated by the commissioner, that the applicant shall not engage in any activity of a new motor vehicle dealer except at an established place of business, or at a temporary site, or a properly licensed auto auction or licensed facility. This paragraph shall not be construed to prohibit a new motor vehicle dealer from delivering a vehicle off site if the transaction is initiated at an established place of business under this chapter. (2) It shall be unlawful for any person to engage in any activity as a new motor vehicle dealer except at an established place of business which has been registered as such under this Code section and Code Section 40-2-38 or at a temporary site. (3) This subsection shall not apply to new motor vehicle trade shows and shall not be construed to prohibit new motor vehicle trade shows or properly licensed auctions. (4)(A) At least 60 days prior to the opening of a sale at a temporary site, a new motor vehicle dealer must make application to the Department of Motor Vehicle Safety for a temporary site permit. (B) To be eligible for a temporary site permit, a new motor vehicle dealer must be registered with the department as required by Code Section 40-2-38. In order to

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obtain a temporary site permit, a new motor vehicle dealer must provide, on a form promulgated by the department,
(i) The address, including county, of the new motor vehicle dealers established place of business; (ii) The address, including county, of the temporary site location; (iii) The dates and hours of the temporary site sale; (iv) The number of temporary site sales already conducted by the new motor vehicle dealer during the calendar year in which the requested temporary site sale is to occur; and (v) The name, address, and contact person of any sponsors, promoters, and lending institutions involved in or to be represented at the temporary site sale. (C) As part of the application, a new motor vehicle dealer must submit written documentation demonstrating that the new motor vehicle dealer has complied with any licensing requirements applicable in the local jurisdiction in which the temporary site sale will occur and a copy of a written agreement with the owner of the real property where the sale is to occur. (D) A temporary site permit issued pursuant to this paragraph shall be valid only for the dates and hours of the sale as indicated in the application submitted to the department and must be prominently displayed at the temporary site at all times during the sale. No new motor vehicle dealer may purchase more than three temporary site permits within a calendar year. A temporary site permit is not transferable to any other dealer or location. (E) The filing fee for each application for a temporary site permit shall be $100.00. (c) As an alternative to criminal or other civil enforcement, the commissioner, in order to enforce this Code section or any orders, rules, and regulations promulgated pursuant thereto, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever the commissioner, after a hearing, determines that any person has violated any provisions of this Code section or any regulations or orders promulgated thereunder. If, after a hearing, the commissioner determines that any person has violated this Code section more than once, the commissioner may suspend a dealers registration for a period not to exceed ten days. Any The hearing and any administrative review thereof held pursuant to this Code section shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this subsection shall be paid into the state treasury. The commissioner may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its established place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same

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effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this Code section or any order, rules, or regulations promulgated pursuant thereto. For purposes of this subsection, the sale of each motor vehicle while not in compliance with temporary site permit requirements shall constitute a separate violation. (d) Any person who violates any provision of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not to exceed $1,000.00 or imprisonment for a period not to exceed 12 months, or both."
SECTION 4. Said chapter is further amended by striking Code Section 40-2-153, relating to registration and licensing of makers and dealers of motor vehicles, and inserting in lieu thereof the following:
"40-2-153. (a) Manufacturers and dealers engaged in the manufacture or sale of motor vehicles, tractors, or trailers shall register with the commissioner and shall apply for a distinguishing dealers number. The application shall specify the name and make of motor vehicle, tractor, or trailer manufactured or sold by the applicant and shall be made upon forms prepared by the commissioner. The applicant shall pay at the time of making application a fee of $62.00. For the fee, the commissioner shall furnish the applicant one number plate to expire December 31 of odd-numbered years, to be known as a dealers number and to be distinguished from the number plates provided in this Code section by a different and distinguishing color to be determined by the commissioner. The dealers number plate shall have the word 'Dealer' on its face and shall be used for the purpose of demonstrating or transporting a manufacturers or dealers vehicles or trailers for sale. No dealer or manufacturer may use or permit to be used a dealers number for private use or on cars for hire or for lease or in any other manner not provided in this Code section. (b) In the event a dealer or manufacturer desires more than one number plate, he shall so state on the application and, in addition to the fee of $62.00, shall pay a fee of $12.00 for each additional number plate furnished. (c) Each person engaged in the business of transporting motor vehicles for others under the motor vehicles own power shall be entitled to obtain license plates under this Code section, but the plates shall be used only on vehicles being transported. (d) Each person engaged in the business of transporting mobile homes and house trailers for others shall be entitled to obtain license plates under this Code section. (e) This Code section shall not apply in any manner to farm tractors Reserved."

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SECTION 5. Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle and used motor vehicle parts dealers, is amended by striking paragraph (15.1) of Code Section 43-47-2, relating to definitions regarding used motor vehicle and used motor vehicle parts dealers, and inserting in its place the following:
"(15.1) 'Temporary site' means a location at which used motor vehicles are sold or offered for sale, for which a temporary site permit has been issued by the board in accordance with Code Section 43-47-8.2 and which location is:
(A) Used for a period not to exceed 96 hours in any one-month 30 day period of time; and (B) Located in the county which is within two counties of the county in which the established place of business of the used motor vehicle dealer using the temporary site is located; and (C) Used not more than three times in any calendar year."
SECTION 6. Said chapter is further amended by striking Code Section 43-47-8.2, relating to places of business and temporary sites, and inserting in its place the following:
"43-47-8.2. (a) A used motor vehicle dealer shall not engage in any activity as a used motor vehicle dealer except at such dealers established place of business which has been registered under Code Section 40-2-38, or at a temporary sites not more than three times in any one calendar year, or at a licensed auto auction or any licensed facility. This subsection shall not be construed to prohibit a used motor vehicle dealer from delivering a vehicle off site provided the transaction is initiated from an established place of business under this chapter.
(b)(1) At least 60 days prior to opening a sale at a temporary site, a used motor vehicle dealer must make application to the board for a temporary site permit. A separate application must be submitted for every temporary site sale. (2) To be eligible for a temporary site permit, a used motor vehicle dealer must be registered with the Department of Motor Vehicle Safety as required by Code Section 40-2-38. In order to obtain a temporary site permit, a used motor vehicle dealer must provide, on a form promulgated by the board,
(A) The address, including county, of the used motor vehicle dealers established place of business; (B) The address, including county, of the proposed temporary site location; (C) The dates and hours of the temporary site sale; (D) The number of temporary site sales already conducted by the used motor vehicle dealer during the calendar year in which the requested temporary site sale is to occur; and (E) The name, address, and contact person of any sponsors, promoters, and lending institutions involved in or to be represented at the temporary site sale.

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(3) As part of the application, a used motor vehicle dealer must submit written documentation demonstrating that the used motor vehicle dealer has complied with any licensing requirements applicable in the local jurisdiction in which the temporary site sale will occur and a copy of a written agreement with the owner of the real property where this sale will occur. (4) A temporary site permit issued pursuant to this subsection shall be valid only for the dates and hours of the sale as indicated on the application submitted to the board and must be prominently displayed at the temporary site at all times during the site sale. No used motor vehicle dealer may purchase more than three temporary site permits within a calendar year. A temporary site permit is not transferable to any other dealer or location. (5) The fee for each application for a temporary site permit shall be $100.00. (c) As an alternative to criminal or other civil enforcement of this Code section or any orders, rules, and regulations promulgated pursuant hereto, the board may issue an administrative fine not to exceed $1,000.00 for each violation whenever the board, after a hearing, determines that any person has violated any provisions of this Code section or any orders, rules, and regulations promulgated pursuant hereto. If, after a hearing, the board determines that any person has violated this provision more than once, the board may suspend his or her license for a period not to exceed ten days. Any hearing and any administrative review held pursuant to this Code section shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the board shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this Code section shall be paid into the state treasury. The board may file, in the superior court: (1) In the county wherein the person under order resides; (2) If such person is a corporation, in the county wherein the corporation maintains its established place of business; or (3) In the county wherein the violation occurred, a certified copy of a final order of the board, whether unappealed from or affirmed upon appeal, whereupon the superior court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the superior court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the board with respect to any violation of this Code section or any order, rule, or regulation promulgated pursuant hereto. For purposes of this Code section, the sale of each motor vehicle while not in compliance with temporary site permit requirements shall constitute a separate violation. (d) Any person who violates any provision of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not to exceed

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$1,000.00 or imprisonment for a period not to exceed 12 months, or both."
SECTION 7. This Act shall become effective on July 1, 2005, except Section 2, which shall become effective on January 1, 2006.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by the Committee on Rules, was read and adopted:
A BILL
To amend provisions of the Official Code of Georgia Annotated relating to new and used motor vehicle dealers; 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 use of the vehicle identification number on temporary license plates; to provide that all temporary plates shall be required to have a holographic security image and a write resistant overlay; to require all sellers and distributors of holographic strips to register with the department; to provide for dealers plates; to provide for the replacement of lost or stolen plates; to provide for temporary site permits for new motor vehicle dealers; to provide for civil, administrative, and criminal penalties; to repeal and reserve Code Section 40-2-153, relating to registration and licensing of makers and dealers of motor vehicles; to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle and used motor vehicle parts dealers, so as to change the definition of "temporary site"; to provide for temporary site permits for used motor vehicle dealers; 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 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking subparagraph (b)(2)(B) and paragraph (3) of subsection (b) of Code Section 40-2-8, relating to operation of an unregistered vehicle or vehicle without a current license plate, and inserting in their respective places the following:
"(B)(i) Any dealer of new or used motor vehicles shall issue to the purchaser of a vehicle at the time of sale thereof, unless at such time the purchaser makes application to transfer to such vehicle in accordance with this chapter a valid license plate issued to him or her or unless such vehicle is to be registered under the International Registration Plan, a temporary plate which may bear the dealers name and location and shall bear, in characters not less than one-quarter of an inch

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wide and one and one-half inches high, the expiration date of the period within which the purchaser is required by Code Section 40-2-20 to register such vehicle. Such temporary plates shall be made of heavy stock paper, inscribed with indelible ink, and designed to resist deterioration or fading due to exposure to the elements during the period for which display is required. The expiration date, may the vehicle identification number, and the year, make, and model of the vehicle shall be handprinted on the plate at the time of issuance by use of an indelible ink marker, with contrasting ink, provided that the month of expiration shall be indicated by complete word or by three-letter abbreviation thereof. The expiration date of such a temporary plate may be revised and extended by the county tag agent only if an extension of the purchasers initial registration period has been granted as provided by Code Section 40-2-20. Such temporary plate shall not resemble a license plate issued by this state and shall be issued without charge or fee therefor. Such temporary plate shall be surrendered to the tag agent at the time the vehicle is registered, and the tag agent shall destroy such temporary plate. The requirements of this subparagraph do not apply to a dealer whose primary business is the sale of salvage motor vehicles and other vehicles on which total loss claims have been paid by insurers. (ii) All temporary plates issued by dealers to purchasers of vehicles on or after January 1, 2001, shall be of a standard design prescribed by regulation promulgated by the Department of Motor Vehicle Safety in accordance with the requirements of this subparagraph. Temporary plates issued by dealers to purchasers prior to such date may be of any design if such plates meet the requirements of this subparagraph. All temporary plates shall be required to have a holographic security image and a write-resistant overlay with security features such that any attempt to change or modify the expiration date on the temporary plate will show immediate signs of tampering. All holographic security images required under this division and manufactured on or after July 1, 2005, shall be numbered with a separate and distinct number at the point of manufacture. All holographic security images affixed to temporary plates on or after January 1, 2006, shall be numbered as required by this division. (3) All sellers and distributors of holographic strips must register with the department and shall be assigned a distinct identifier by the department. Such identifier shall precede the numbers required under division (b)(2)(B)(ii) of this Code section. All sellers and distributors of holographic security images must maintain an inventory record of holographic security images by number and purchaser. (3)(4) The purchaser and operator of a vehicle shall not be subject to the penalties set forth in this Code section during the period allowed for the registration. If the owner of such vehicle presents evidence that such owner has properly applied for the registration of such vehicle, but that the license plate or revalidation decal has not been delivered to such owner, then the owner shall not be subject to the above penalties."

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SECTION 2. Said chapter is further amended by striking Code Section 40-2-38, relating to registration and licensing of dealers and manufacturers of motor vehicles, and inserting in its place the following:
"40-2-38. (a) Manufacturers, distributors, and dealers engaged in the manufacture, sale, or leasing of vehicles required to be registered under Code Section 40-2-20 shall register with the commissioner, making application for a distinguishing dealers number, specifying the name and make of motor vehicle, tractor, or trailer manufactured, sold, or leased by them, upon forms prepared by the commissioner for such purposes, and pay therefor a fee of $62.00, which shall accompany such application. Upon payment of such fee by a dealer, the commissioner shall furnish to the dealer one master number plate to expire December 31 of odd-numbered years each year, to be known as a dealers number, and to be distinguished from the number plates provided for in this chapter by a different and distinguishing color colors to be determined by the commissioner, with the word 'Dealer' on same; a. The dealer plate for a franchise motor vehicle dealer shall be distinguishable from the dealer plate for a used car dealer. A dealers number plate to be is for the purpose of demonstrating or transporting dealers vehicles or trailers for sale or lease. Persons engaged in the business of transporting vehicles for a dealer under a vehicles own power shall be permitted to use such dealers plate for the purpose of transporting a vehicle.
(1) No dealer may use or permit to be used a dealers number for private use or on cars for hire, for lease, or other manner not provided for in this Code section. A dealer may use or permit to be used a dealers number for private use on vehicles owned by the dealership, regardless of whether such vehicle has been issued a certificate of title or registered, when such vehicles are operated by an employee or corporate officer of the dealer which has been issued such number. A distinguishing dealers number used by an employee or officer for private use shall authorize such person to operate the vehicle to which the number is attached on the public highways and streets. A dealer may apply for one or more distinguishing dealers numbers. For purposes of this paragraph, 'employee' means a person who works a minimum of 36 hours per week at the dealership. (2) The manufacturers or distributors license plate is limited to no longer than six months use per vehicle. Upon payment of such a fee by a manufacturer or distributor, the commissioner shall issue to manufacturers and distributors number plates with the word 'Manufacturer' or 'Distributor' on such plates. Nothing in this subsection shall preclude a manufacturer or distributor from using a 'Manufacturer' or 'Distributor' number plate on motor vehicles it owns when such vehicles are used for evaluation or demonstration purposes, notwithstanding incidental personal use by a manufacturer or distributor. A dealer may apply for one or more distinguishing dealers numbers. In the event the dealers, distributors, or manufacturers desire more than one tag, they shall so state on the application, and, in addition to the fee of $62.00 provided in this Code section, shall pay $12.00 for each and every additional number plate furnished.

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Persons engaged in the business of transporting vehicles for others under such vehicles own power shall likewise be entitled to obtain license plates under this Code section, but such plates shall be used only on vehicles being transported. (b) Dealer plates shall be issued in the following manner: (1) Dealers shall be issued a master plate and two additional plates, for a total of three initial plates; and (2) In addition to the three dealer plates issued in accordance with paragraph (1) of this subsection, each dealer may also be issued one additional dealer plate for every 20 retail units sold in a calendar year. In order to determine the additional number of plates to be issued to a dealer, a dealer shall be required to certify to the department the number of retail units sold in the prior calendar year using the past motor vehicle sales history of the dealer. If no sales history is available, the department shall issue a number of plates based on an estimated number of sales for the coming calendar year. The department may, in its discretion, increase or decrease the number of plates issued based on actual sales. (c) Persons engaged in the business of transporting mobile homes and house trailers for others shall likewise be entitled to obtain license plates under this Code section. The commissioner is authorized to promulgate rules and regulations covering the issuance of plates to such persons; provided, however, this Code section shall not apply in any manner to farm tractors. (c)(d) This Code section shall not apply in any manner to mopeds as such term is defined in Code Section 40-1-1. (d)(e) The license plates issued pursuant to this Code section shall be revoked and confiscated upon a determination after a hearing that such dealer, distributor, manufacturer, or person engaged in transporting mobile homes and house trailers has unlawfully used such license plates in violation of this Code section. (f) If a license plate issued pursuant to this Code section is lost or stolen, the dealer, manufacturer, distributor, or other party to whom the license plate was issued must immediately report the lost or stolen plate to local law enforcement agencies. If a replacement license plate is sought, the dealer, manufacturer, distributor, or other party to whom the license late was issued shall file a notarized affidavit with the department requesting a replacement plate. Such affidavit shall certify under penalty of perjury that the license plate has been lost or stolen and that the loss has been reported to a local law enforcement agency."
SECTION 3. Said chapter is further amended by striking Code Section 40-2-39, relating to registration and licensing of new motor vehicle dealers, and inserting in its place the following:
"40-2-39. (a) As used in this Code section, the term:
(1) 'Dealer' means any person engaged in the business of selling or leasing or offering to sell or lease new motor vehicles and who is licensed or otherwise authorized to utilize trademarks or service marks associated with one or more makes of motor

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vehicles in connection with such sales or leases. The term 'dealer' shall not mean any person engaged solely in the business of selling used motor vehicles and shall not mean any person engaged in the solicitation, advertising, or financing of the sale of new motor vehicles and shall not mean any person engaged solely in activities as a manufacturer or distributor of new motor vehicles. (2) 'Distributor' means any person who, pursuant to a contract with a manufacturer, sells or offers to sell new motor vehicles to new motor vehicle dealers. (3) 'Established place of business' means a permanent salesroom or sales office of a new motor vehicle dealer, which permanent salesroom or sales office is located in a permanent building on an open lot and which is marked by an appropriate sign and at which a permanent business of bartering, trading, or selling of new motor vehicles is carried on in good faith. (4) 'Manufacturer' means any person who makes or assembles new motor vehicles. (5) 'Motor vehicle' means every self-propelled vehicle intended primarily for use and operation on the public highways, except farm tractors and other machines and tools used in the production, harvesting, and care of farm products and except construction equipment. (6) 'New motor vehicle' means a motor vehicle which has been sold to a dealer and on which the original motor vehicle title has not been issued. (7) 'Person' means every natural person, partnership, corporation, association, trust, estate, or any other legal entity. (8) 'Temporary site' means a location at which new or used motor vehicles are sold or offered for sale for which a temporary site permit has been issued by the Department of Motor Vehicle Safety in accordance with paragraph (4) of subsection (b) of this Code Section and which location is:
(A) Used for a period not to exceed 96 hours in any one-month 30 day period of time; (B) Used not more than three times in any calendar year; and (C) Located in the county which is within two counties of the county in which the established place of business of the new motor vehicle dealer using the temporary site is located or an adjoining county. (9) 'Trade shows' means the display or solicitation for sale of new motor vehicles at a location other than the established place of business at which the sales transaction is accomplished or at which delivery of the new motor vehicle is completed. (b)(1) It shall be unlawful for any person to engage in any activity as a new motor vehicle dealer unless and until such person has registered with the commissioner and obtained a dealers number license plate under Code Section 40-2-38 for each established place of business at which the person engages in such activity. The commissioner shall not accept such application for registration and shall not issue a dealers number license plate unless and until the applicant establishes to the satisfaction of the commissioner, under criteria established by rules or regulations promulgated by the commissioner, that the applicant shall not engage in any activity of a new motor vehicle dealer except at an established place of business, or at a

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temporary site, or a properly licensed auto auction or licensed facility. This paragraph shall not be construed to prohibit a new motor vehicle dealer from delivering a vehicle off site if the transaction is initiated at an established place of business under this chapter. (2) It shall be unlawful for any person to engage in any activity as a new motor vehicle dealer except at an established place of business which has been registered as such under this Code section and Code Section 40-2-38 or at a temporary site. (3) This subsection shall not apply to new motor vehicle trade shows and shall not be construed to prohibit new motor vehicle trade shows or properly licensed auctions.
(4)(A) At least 60 days prior to the opening of a sale at a temporary site, a new motor vehicle dealer must make application to the Department of Motor Vehicle Safety for a temporary site permit. (B) To be eligible for a temporary site permit, a new motor vehicle dealer must be registered with the department as required by Code Section 40-2-38. In order to obtain a temporary site permit, a new motor vehicle dealer must provide, on a form promulgated by the department,
(i) The address, including county, of the new motor vehicle dealers established place of business; (ii) The address, including county, of the temporary site location; (iii) The dates and hours of the temporary site sale; (iv) The number of temporary site sales already conducted by the new motor vehicle dealer during the calendar year in which the requested temporary site sale is to occur; and (v) The name, address, and contact person of any sponsors, promoters, and lending institutions involved in or to be represented at the temporary site sale. (C) As part of the application, a new motor vehicle dealer must submit written documentation demonstrating that the new motor vehicle dealer has complied with any licensing requirements applicable in the local jurisdiction in which the temporary site sale will occur and a copy of a written agreement with the owner of the real property where the sale is to occur. (D) A temporary site permit issued pursuant to this paragraph shall be valid only for the dates and hours of the sale as indicated in the application submitted to the department and must be prominently displayed at the temporary site at all times during the sale. No new motor vehicle dealer may purchase more than three temporary site permits within a calendar year. A temporary site permit is not transferable to any other dealer or location. (E) The filing fee for each application for a temporary site permit shall be $100.00. (c) As an alternative to criminal or other civil enforcement, the commissioner, in order to enforce this Code section or any orders, rules, and regulations promulgated pursuant thereto, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever the commissioner, after a hearing, determines that any person has violated any provisions of this Code section or any regulations or orders promulgated thereunder. If, after a hearing, the commissioner determines that any person has

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violated this Code section more than once, the commissioner may suspend a dealers registration for a period not to exceed ten days. Any The hearing and any administrative review thereof held pursuant to this Code section shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this subsection shall be paid into the state treasury. The commissioner may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its established place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this Code section or any order, rules, or regulations promulgated pursuant thereto. For purposes of this subsection, the sale of each motor vehicle while not in compliance with temporary site permit requirements shall constitute a separate violation. (d) Any person who violates any provision of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not to exceed $1,000.00 or imprisonment for a period not to exceed 12 months, or both."
SECTION 4. Said chapter is further amended by striking Code Section 40-2-153, relating to registration and licensing of makers and dealers of motor vehicles, and inserting in lieu thereof the following:
"40-2-153. (a) Manufacturers and dealers engaged in the manufacture or sale of motor vehicles, tractors, or trailers shall register with the commissioner and shall apply for a distinguishing dealers number. The application shall specify the name and make of motor vehicle, tractor, or trailer manufactured or sold by the applicant and shall be made upon forms prepared by the commissioner. The applicant shall pay at the time of making application a fee of $62.00. For the fee, the commissioner shall furnish the applicant one number plate to expire December 31 of odd-numbered years, to be known as a dealers number and to be distinguished from the number plates provided in this Code section by a different and distinguishing color to be determined by the commissioner. The dealers number plate shall have the word 'Dealer' on its face and shall be used for the purpose of demonstrating or transporting a manufacturers or

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dealers vehicles or trailers for sale. No dealer or manufacturer may use or permit to be used a dealers number for private use or on cars for hire or for lease or in any other manner not provided in this Code section. (b) In the event a dealer or manufacturer desires more than one number plate, he shall so state on the application and, in addition to the fee of $62.00, shall pay a fee of $12.00 for each additional number plate furnished. (c) Each person engaged in the business of transporting motor vehicles for others under the motor vehicles own power shall be entitled to obtain license plates under this Code section, but the plates shall be used only on vehicles being transported. (d) Each person engaged in the business of transporting mobile homes and house trailers for others shall be entitled to obtain license plates under this Code section. (e) This Code section shall not apply in any manner to farm tractors Reserved."
SECTION 5. Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle and used motor vehicle parts dealers, is amended by striking paragraph (15.1) of Code Section 43-47-2, relating to definitions regarding used motor vehicle and used motor vehicle parts dealers, and inserting in its place the following:
"(15.1) 'Temporary site' means a location at which used motor vehicles are sold or offered for sale, for which a temporary site permit has been issued by the board in accordance with Code Section 43-47-8.2 and which location is:
(A) Used for a period not to exceed 96 hours in any one-month 30 day period of time; and (B) Located in the county which is within two counties of the county in which the established place of business of the used motor vehicle dealer using the temporary site is located or an adjoining county; and (C) Used not more than three times in any calendar year."
SECTION 6. Said chapter is further amended by striking Code Section 43-47-8.2, relating to places of business and temporary sites, and inserting in its place the following:
"43-47-8.2. (a) A used motor vehicle dealer shall not engage in any activity as a used motor vehicle dealer except at such dealers established place of business which has been registered under Code Section 40-2-38, or at a temporary sites not more than three times in any one calendar year, or at a licensed auto auction or any licensed facility. This subsection shall not be construed to prohibit a used motor vehicle dealer from delivering a vehicle off site provided the transaction is initiated from an established place of business under this chapter.
(b)(1) At least 60 days prior to opening a sale at a temporary site, a used motor vehicle dealer must make application to the board for a temporary site permit. A separate application must be submitted for every temporary site sale.

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(2) To be eligible for a temporary site permit, a used motor vehicle dealer must be registered with the Department of Motor Vehicle Safety as required by Code Section 40-2-38. In order to obtain a temporary site permit, a used motor vehicle dealer must provide, on a form promulgated by the board,
(A) The address, including county, of the used motor vehicle dealers established place of business; (B) The address, including county, of the proposed temporary site location; (C) The dates and hours of the temporary site sale; (D) The number of temporary site sales already conducted by the used motor vehicle dealer during the calendar year in which the requested temporary site sale is to occur; and (E) The name, address, and contact person of any sponsors, promoters, and lending institutions involved in or to be represented at the temporary site sale. (3) As part of the application, a used motor vehicle dealer must submit written documentation demonstrating that the used motor vehicle dealer has complied with any licensing requirements applicable in the local jurisdiction in which the temporary site sale will occur and a copy of a written agreement with the owner of the real property where this sale will occur. (4) A temporary site permit issued pursuant to this subsection shall be valid only for the dates and hours of the sale as indicated on the application submitted to the board and must be prominently displayed at the temporary site at all times during the site sale. No used motor vehicle dealer may purchase more than three temporary site permits within a calendar year. A temporary site permit is not transferable to any other dealer or location. (5) The fee for each application for a temporary site permit shall be $100.00. (c) As an alternative to criminal or other civil enforcement of this Code section or any orders, rules, and regulations promulgated pursuant hereto, the board may issue an administrative fine not to exceed $1,000.00 for each violation whenever the board, after a hearing, determines that any person has violated any provisions of this Code section or any orders, rules, and regulations promulgated pursuant hereto. If, after a hearing, the board determines that any person has violated this provision more than once, the board may suspend his or her license for a period not to exceed ten days. Any hearing and any administrative review held pursuant to this Code section shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the board shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this Code section shall be paid into the state treasury. The board may file, in the superior court: (1) In the county wherein the person under order resides; (2) If such person is a corporation, in the county wherein the corporation maintains its established place of business; or (3) In the county wherein the violation occurred,

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a certified copy of a final order of the board, whether unappealed from or affirmed upon appeal, whereupon the superior court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the superior court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the board with respect to any violation of this Code section or any order, rule, or regulation promulgated pursuant hereto. For purposes of this Code section, the sale of each motor vehicle while not in compliance with temporary site permit requirements shall constitute a separate violation. (d) Any person who violates any provision of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not to exceed $1,000.00 or imprisonment for a period not to exceed 12 months, or both."

SECTION 7. This Act shall become effective on July 1, 2005, except Section 2, which shall become effective on January 1, 2006.

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, by substitute.

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

Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard E Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin

Y Holmes Y Holt Y Horne E Houston Y Howard E Hudson Y Hugley
Jackson Y Jacobs
James Y Jamieson Y Jenkins E Jennings Y Johnson
Jones, J Y Jones, S Y Jordan Y Keen Y Keown

Y Maxwell Y May
McCall Y McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal

Sailor Y Scheid Y Scott, A Y Scott, M
Setzler Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens

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Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman, B Y Coleman, T Y Cooper Y Cox

Y Freeman Y Gardner Y Geisinger
Golick Y Graves, D Y Graves, T Y Greene
Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Kidd Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin

Y Orrock E Parham E Parrish Y Parsons Y Porter
Powell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin
Walker Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 146, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 553. By Representatives Hembree of the 67th, Ehrhart of the 36th, Fleming of the 117th, Keen of the 179th, Casas of the 103rd and others:

A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the University System of Georgia, so as to provide that a student in an education degree program shall not be required to join a professional association as a condition of enrollment; to repeal conflicting laws; and for other purposes.

The following amendment was read and adopted:

Representative Kidd of the 115th et al. move to amend HB 553 by striking the word "an" on line 2 on page 1 and inserting the word "a".

By striking the word "education" on line 3 on page 1.

By striking the words "an education" on line 11 on page 1 and inserting the word "a".

By striking the word "education" on line 12 on page 1.

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

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

Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard E Barnes Y Bearden
Beasley-Teague Benfield Y Benton Y Black N Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant N Buckner, D Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson Y Dollar
Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene
Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A

N Holmes Y Holt Y Horne E Houston
Howard E Hudson N Hugley N Jackson N Jacobs N James Y Jamieson
Jenkins E Jennings Y Johnson Y Jones, J N Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell May McCall McClinton
Y Meadows Millar
Y Miller Y Mills Y Mitchell Y Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal
Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S N Reese
Rice Y Roberts Y Rogers Y Royal Y Rynders

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson
Willard N Williams, A Y Williams, E Y Williams, R N Wix
Yates Richardson, Speaker

On the passage of the Bill, as amended, the ayes were 129, nays 18.

The Bill, having received the requisite constitutional majority, was passed, 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.

HB 520. By Representatives Coan of the 101st, Williams of the 4th, Horne of the 71st, Carter of the 159th, Butler of the 18th and others:

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A BILL to be entitled an Act to amend Chapter 8 of Title 34 of the O.C.G.A., relating to employment security, so as to provide a change to the definition of the term "employment"; to identify certain business acquisitions with respect to which the succession of experience tax rates shall not be permitted and to impose civil and criminal penalties with regard thereto; to extend suspension of adjustments based upon the State-wide Reserve Ratio for the calendar year 2006 and to provide for a reduced adjustment in contribution rates through December 31, 2006; to continue provisions relating to administrative assessments; to provide for a change in the weekly benefit amount over a two-year period; to provide for the Department of Labor a supplemental appropriation; 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 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to provide a change to the definition of the term "employment"; to identify certain business acquisitions with respect to which the succession of experience tax rates shall not be permitted and to impose civil and criminal penalties with regard thereto; to extend suspension of adjustments based upon the Statewide Reserve Ratio for the calendar year 2006 and to provide for a reduced adjustment in contribution rates through December 31, 2006; to continue provisions relating to administrative assessments; to provide for a change in the weekly benefit amount over a two-year period; to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with the provisions of Code Section 34-8-81, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-85, relating to certain withdrawals from the Unemployment Trust Fund, of additional funds which are otherwise available to the Department of Labor out of funds credited to and held in this states account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to Section 903 of the Social Security Act, as amended, for the purpose of providing for the payment of expenses of administration of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, the "Employment Security Law," as amended, including personal services and operating and other expenses incurred in the administration of said law, as well as for the procurement, through purchase or rental, either or both, of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, technology, data, reports and studies, supplies, and the construction of buildings or parts of buildings suitable for use in this state by the Department of Labor, and for the payment of expenses incurred for the construction, maintenance, improvements, or repair of or alterations to such real or personal property; to authorize the Commissioner of Labor to direct the obligation and expenditure of said funds and to employ workers, contract with persons, public and

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private agencies, corporations, and other entities, and to do all other things necessary to accomplish such purposes; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, is amended by striking the word "or" at the end of paragraph (15) and by striking the period and inserting "; or" at the end of paragraph (16) of subsection (n) of Code Section 34-8-35, relating to employment, and inserting at the end of said subsection a new paragraph (17) to read as follows:
"(17) Services performed for a common carrier of property by an individual consisting of the pickup, transportation, and delivery of property; provided that:
(A) The individual is free to accept or reject assignments from the common carrier; (B) Remuneration for the individual is on the basis of commissions or deliveries accomplished; (C) Such individual personally provides the vehicle used in the pickup, transportation, and delivery of the property; (D) Such individual has a written contract with the common carrier; (E) The written contract states expressly and prominently that the individual knows:
(i) Of the responsibility to pay estimated social security taxes and state and federal income taxes; (ii) That the social security tax the individual must pay is higher than the social security tax the individual would pay if he or she were an employee; and (iii) That the work is not covered by the unemployment compensation laws of Georgia; and (F) The written contract does not prohibit such individual from the pickup, transportation, or delivery of property for more than one common carrier or any other person or entity."
SECTION 2. Said chapter is further amended by striking in its entirety Code Section 34-8-151, relating to the rate of employer contributions, and inserting in lieu thereof the following:
"34-8-151. (a) For periods prior to April 1, 1987, or after December 31, 2005 2011, each new or newly covered employer shall pay contributions at a rate of 2.7 percent of wages paid by such employer with respect to employment during each calendar year until the employer is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Sections 34-8-158 through 34-8-162. (b) For periods on or after April 1, 1987, but on or before December 31, 1999, each new or newly covered employer shall pay contributions at a rate of 2.64 percent of wages paid by such employer with respect to employment during each calendar year

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until the employer is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Sections 34-8-158 through 34-8-162. (c) For periods on or after January 1, 2000, but on or before December 31, 2005, 2011 each new or newly covered employer shall pay contributions at a rate of 2.62 percent of wages paid by such employer with respect to employment during each calendar year until the employer is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Sections 34-8-158, 34-8-159, 34-8-160, 34-8161, and 34-8-162."
SECTION 3. Said chapter is further amended by striking in its entirety Code Section 34-8-153, relating to the liability of succeeding employers and computation of rate of contributions, and inserting in lieu thereof the following:
"34-8-153. (a) Subject to the provisions of subsections (g) and (h) of this Code section, any Any corporation, partnership, individual, or other legal entity who acquires by purchase, merger, consolidation, or other means substantially all of the trade, business, or assets of any employer and who thereafter continues the acquired trade or business shall be deemed to be a successor to the employer from whom the trade or business was acquired. The successor shall acquire the experience rating record of the predecessor except as otherwise provided in this Code section or in the rules and regulations of the Department of Labor. If the successor is not already an employer at the time of the acquisition, the rate of contributions applicable to the predecessor shall continue to be applicable to the successor; provided, however, if the existing rate of contributions of the predecessor exceeds the new employer rate as specified in Code Section 34-8-151, the successor shall be assigned a new employer rate of contributions; in such event, the experience of the predecessor shall not be considered for purposes of rate calculations and the successor shall be otherwise treated as a new employer. (b) Subject to the provisions of subsections (g) and (h) of this Code section, if If the successor is already an employer at the time of the acquisition, the rate of contributions applicable to the successor shall continue until the end of the quarter in which the acquisition occurred. The rate of contributions applicable to the successor beginning on the first day of the quarter following the acquisition will be determined by the combined experience of the predecessor and successor as of the applicable computation date; provided, however, the experience of the predecessor shall not be combined with that of the successor for purposes of rate calculation if the predecessors rate of contributions immediately preceding the acquisition exceeded the rate already in effect for the successor; in such event, the experience of the predecessor shall not be considered for purposes of rate calculations unless this combination of experience results in a reduction of rates. (c) Subject to the provisions of subsections (g) and (h) of this Code section, any Any employing unit which acquires by any means any clearly identifiable or separable portion of the trade or business of an employer and is an employer at the time of the

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acquisition or becomes an employer within six months from the end of the quarter in which the acquisition is made may be deemed to be a partial successor to the employer from whom the portion of the trade or business was acquired. A portion of the predecessors experience rating records which are attributable to the portion of trade or the business which was acquired may be transferred to the successor. Mutual consent of both parties must be given to effectuate the partial transfer. The Commissioner shall prescribe by regulation the time frame for notification to the department of partial acquisitions and the method by which the portion of the experience rating record to be transferred will be determined. (d) Subject to the provisions of subsections (g) and (h) of this Code section, if If the conditions of subsection (c) of this Code section are met and the partial successor is not already an employer at the time of the acquisition, the rate of contributions applicable to the predecessor shall be applicable to the successor. Future rates will be determined by combining the transferred portion of the predecessors experience rating record with the successors own experience rating record as of the applicable computation date. (e) Subject to the provisions of subsections (g) and (h) of this Code section, if If the conditions of subsection (c) of this Code section are met and the partial successor is already an employer at the time of the acquisition, the rate of contributions applicable to the successor shall continue until the end of the quarter in which the acquisition occurred. The rate of contributions applicable to the successor beginning on the first day of the quarter following the acquisition will be determined by combining the transferred portion of the predecessors experience rating record with the successors own experience rating record as of the applicable computation date. (f) Nothing in this Code section shall be construed to affect liens which are created pursuant to Code Section 34-8-167. (g) Notwithstanding any other provision in this chapter to the contrary, effective July 1, 2006:
(1) If an employer transfers its trade or business, or any portion thereof, to another employer and, at the time of the transfer, there is substantially common ownership, management, or control of the two employers then the rate of contributions attributable to the predecessor shall be transferred to the successor employer to whom such business is so transferred. The rates of contributions of both employers shall be recalculated and made effective immediately upon the date of the transfer of the trade or business. (2) Whenever the successor is not already an employer at the time of the acquisition, the unemployment experience of the acquired business shall not be transferred to the successor if the Commissioner determines that the successor acquired the business solely or primarily for the purpose of obtaining a lower rate of contribution. Instead, the successor shall be assigned the new employer rate under Code Section 34-8-151. In determining whether the trade or business was acquired solely or primarily for the purpose of obtaining a lower rate of contributions, the Commissioner shall use objective factors which may include the following:
(A) The cost of acquiring the trade or business;

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(B) Whether the successor actually continued the business enterprise of the acquired trade or business; (C) How long the acquired trade or business was continued; and (D) Whether or not a substantial number of new employees were hired for the performance of duties unrelated to the business activity conducted by the predecessor prior to acquisition. (h)(1) Any person would knowingly violates or attempts to violate subsection (g) or any other provision of this chapter related to determining the assignment of a rate of contributions or any person who knowingly advises another person in a manner that results in a violation of such provision shall be subject to the following penalties. (A) If the person is an employer, then such employer shall be assigned the highest rate assignable under this chapter for the rate year during which such violation or attempted violation occurred and the three rate years immediately following that rate year; provided, however, that if:
(i) The persons business is already at the highest rate; or (ii) If the amount of increase in the rate of contributions for such person would be less than 2 percent for such year, then a penalty rate of contributions of 2 percent of taxable wages shall be imposed for such year; (B) If the person is not an employer, such person shall be subject to a civil money penalty of not more than $5,000.00 per violation. Any such fine collected shall be deposited in the penalty and interest account established under Code Section 34-892. (2) For the purposes of this Code section, the term 'knowingly' means having actual knowledge of or acting with deliberate ignorance or reckless disregard for the prohibited act or omission. (3) For the purposes of this Code section, the term 'violates or attempts to violate' includes, but is not limited to, intent to evade, misrepresentation, and willful nondisclosure. (4) For the purposes of this Code section, the term 'person' shall have the meaning given such term by Section 7701(a)(1) of the Internal Revenue Code of 1986, as amended. (5) For the purposes of this Code section and administration of the Employment Security Law, the terms 'trade, business, or assets' and 'trade or business' shall include: (A) The employers work force or any part of the employers work force; and (B) Any part of the employers trade, business, or assets, whether or not clearly identifiable or separable within the meaning of subsection (c) of this Code section. Tax liability under Chapter 7 of Title 48 shall not be affected by the definitions of 'trade, business, or assets' and 'trade or business' in this Code section. (6) In addition to the penalty imposed by paragraph (1) of this subsection, any violation of this Code section may be prosecuted as a felony under Code Section 1610-20.

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(7) The Commissioner shall establish procedures to identify the occurrence of any transfer or acquisition of a business that violates any provision of this Code section."

SECTION 4. Said chapter is further amended by striking in its entirety subparagraph (B) of paragraph (4) of subsection (d) of Code Section 34-8-156, relating to State-wide Reserve Ratio, and inserting in lieu thereof the following:
"(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 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, 2005 2006, the overall increase in the rate required under this subparagraph shall be

suspended and the provisions of this subparagraph shall be null and void, except in the event the State-wide Reserve Ratio, as calculated above, is less than 1.00

percent, 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."

SECTION 5. Said chapter is further amended by striking in its entirety Code Section 34-8-180, relating to an administrative assessment on all wages, and inserting in lieu thereof the following:
"34-8-180. (a) For the periods on or after April 1, 1987, but on or before January 1, 2000, there is created an administrative assessment of .06 percent to be assessed upon all wages, as defined in Code Section 34-8-49, except wages of the following employers:
(1) Those employers who have elected to make payments in lieu of contributions as provided by Code Section 34-8-158 or who are liable for the payment of contributions as provided in said Code section; or

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(2) Those employers who, by application of the State-wide Reserve Ratio as provided in Code Section 34-8-156, have been assigned the minimum positive reserve rate or the maximum deficit reserve rate. (b) For the periods on or after January 1, 2000, but on or before December 31, 2005 2011, there is created an administrative assessment of 0.08 percent to be assessed upon all wages as defined in Code Section 34-8-49, except the wages of: (1) Those employers who have elected to make payments in lieu of contributions as provided by Code Section 34-8-158 or who are liable for the payment of contributions as provided in said Code section; or (2) Those employers who, by application of the State-wide Reserve Ratio as provided in Code Section 34-8-156, have been assigned the minimum positive reserve rate or the maximum deficit reserve rate. (c) Assessments pursuant to this Code section shall become due and shall be paid by each employer and must be reported on the employers quarterly tax and wage report according to such rules and regulations as the Commissioner may prescribe. The assessments provided in this Code section shall not be deducted, in whole or in part, from the remuneration of individuals in the employ of the employer. Any deduction in violation of this subsection is unlawful."
SECTION 6. Said chapter is further amended by striking in its entirety Code Section 34-8-181, relating to an additional administrative assessment for new or newly covered employers, and inserting in lieu thereof the following:
"34-8-181. (a) For the periods on or after April 1, 1987, but on or before December 31, 1999, in addition to the rate paid under Code Section 34-8-151, each new or newly covered employer shall pay an administrative assessment of .06 percent of wages payable by it with respect to employment during each calendar year until it is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Section 34-8-158. (b) For the periods on or after January 1, 2000, but on or before December 31, 2005 2011, in addition to the rate paid under Code Section 34-8-151, each new or newly covered employer shall pay an administrative assessment of 0.08 percent of wages payable by it with respect to employment during each calendar year until it is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Section 34-8-158."
SECTION 7. Said chapter is further amended by striking in its entirety Code Section 34-8-185, relating to the automatic repeal of Article 6, and inserting in lieu thereof the following:
"34-8-185. This article shall stand repealed in its entirety on December 31, 2005 2011."

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SECTION 8. Said chapter is further amended by striking in their entirety subsections (a), (b), and (c) of Code Section 34-8-193, relating to determination of the weekly benefit amount, and inserting in lieu thereof the following:
"(a) The weekly benefit amount of an individuals claim shall be that amount computed by dividing the two highest quarters of wages paid in the base period by 46 44. Any fraction of a dollar shall then be disregarded. Wages must have been paid in at least two quarters of the base period and total wages in the base period must equal or exceed 150 percent of the highest quarter base period wages. For claims that fail to establish entitlement due to failure to meet the 150 percent requirement, an alternative computation shall be made. In such event, the weekly benefit amount shall be computed by dividing the highest single quarter of base period wages paid by 23 22. Any fraction of a dollar shall then be disregarded. Under this alternative computation, wages must have been paid in at least two quarters of the base period and total base period wages must equal or exceed 40 times the weekly benefit amount. Regardless of the method of computation used, wages must have been paid for insured work, as defined in Code Section 34-8-41. (b) Weekly benefit amount entitlement as computed in this Code section shall be no less than $27.00 per week for benefit years beginning on or after July 1, 1983; provided, however, that for benefit years beginning on or after July 1, 1987, when the weekly benefit amount, as computed, would be more than $26.00 but less than $37.00, the individuals weekly benefit amount will be $37.00, and no weekly benefit amount shall be established for less than $37.00; provided, further, that for benefit years beginning on or after July 1, 1997, when the weekly benefit amount, as computed, would be more than $26.00 but less than $39.00, the individuals weekly benefit amount will be $39.00, and no weekly benefit amount shall be established for less than $39.00; provided, further, that for benefit years beginning on or after July 1, 2002, when the weekly benefit amount, as computed, would be more than $26.00 but less than $40.00, the individuals weekly benefit amount will be $40.00, and no weekly benefit amount shall be established for less than $40.00; provided, further, that for benefit years beginning on or after July 1, 2005, when the weekly benefit amount, as computed, would be more than $26.00 but less than $42.00, the individuals weekly benefit amount will be $42.00, and no weekly benefit amount shall be established for less than $42.00. (c) Weekly benefit amount entitlement as computed in this Code section shall not exceed these amounts for the applicable time period:
(1) For claims filed on or after July 1, 1990, but before July 1, 1994, the maximum weekly benefit amount shall not exceed $185.00; (2) For claims filed on or after July 1, 1994, but before July 1, 1995, the maximum weekly benefit amount shall not exceed $195.00; (3) For claims filed on or after July 1, 1995, but before July 1, 1996, the maximum weekly benefit amount shall not exceed $205.00;

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(4) For claims filed on or after July 1, 1996, but before July 1, 1997, the maximum weekly benefit amount shall not exceed $215.00; (5) For claims filed on or after July 1, 1997, but before July 1, 1998, the maximum weekly benefit amount shall not exceed $224.00; (6) For claims filed on or after July 1, 1998, but before July 1, 1999, the maximum weekly benefit amount shall not exceed $244.00; (7) For claims filed on or after July 1, 1999, but before July 1, 2000, the maximum weekly benefit amount shall not exceed $264.00; (8) For claims filed on or after July 1, 2000, but before July 1, 2001, the maximum weekly benefit amount shall not exceed $274.00; (9) For claims filed on or after July 1, 2001, but before July 1, 2002, the maximum weekly benefit amount shall not exceed $284.00; (10) For claims filed on or after July 1, 2002, but before July 1, 2003, the maximum weekly benefit amount shall not exceed $295.00; and (11) For claims filed on or after July 1, 2003, but before July 1, 2005, the maximum weekly benefit amount shall not exceed $300.00.; (12) For claims filed on or after July 1, 2005, but before July 1, 2006, the maximum weekly benefit amount shall not exceed $310.00; and (13) For claims filed on or after July 1, 2006, the maximum weekly benefit amount shall not exceed $320.00."
SECTION 9. There is appropriated to the Department of Labor out of funds credited to and held in this states account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to and in accordance with Section 903 of the Social Security Act, as amended, an additional amount of $1,642,647.11. Of said additional amount, the sum of $1,642,647.11 is authorized to be allocated for expenses incurred in the administration of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, the "Employment Security Law" as amended, including personal services and operating and other expenses incurred in the administration of said law, as well as for the purchase or rental, either or both, of improvements, repairs, or alterations to and of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, technology, data, reports and studies, supplies, and the construction of buildings or parts of buildings suitable for use in this state by the Department of Labor, and for the payment of expenses incurred for the acquisition, purchase, rental, construction, maintenance, improvements, repairs, or alterations of and to such real or personal property. Notwithstanding any other provision of this section, the amount appropriated in this Act shall not exceed the amount in the Unemployment Trust Fund, which may be obligated for expenditure for such purposes as provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, and the amount which may be obligated shall not exceed the limitations provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund; provided, however, that said additional funds shall not be

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obligated for expenditure, as provided in this Act, after the close of the two-year period which begins on the date of enactment of this Act.

SECTION 9A. The Commissioner of Labor is authorized, pursuant to and in accordance with Section 903 of the Social Security Act, as amended, to requisition, and to direct the obligation and expenditure for use in such locations in this state as the Commissioner finds to be economical and desirable, such money as authorized in this Act and in Code Section 348-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, and, in the manner and for the purposes authorized in this Act, including personal services and operating and other expenses incurred in the administration of said laws, as well as for the procurement, through purchase or rental, either or both, of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, technology, data, reports and studies, supplies, and the construction of buildings or parts of buildings suitable for use by the Department of Labor, for the payment of expenses incurred for the construction, maintenance, improvements, or repair of or alterations to such real or personal property, to employ workers, contract with persons, public and private agencies, corporations, and other entities, to allocate any unexpended amounts appropriated by this Act, and to do all other things necessary to accomplish the purposes of this Act. The acquisition of any real or personal property and the expenditure of any funds appropriated by this Act shall be in accordance with this states applicable laws existing on the effective date of this Act.

SECTION 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

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:

Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes

Y Crawford Y Cummings
Davis Y Day
Dean Y Dickson

Y Holmes Holt
Y Horne E Houston Y Howard E Hudson

Maxwell Y May
McCall McClinton Y Meadows Millar

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw

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Y Bearden Beasley-Teague
Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown
Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd
Carter Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Y Cooper Y Cox

E Dodson Y Dollar Y Drenner Y Dukes
Ehrhart Y England
Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin
Freeman Y Gardner Y Geisinger
Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C
Hill, C.A

Y Hugley Y Jackson Y Jacobs Y James Y Jamieson
Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B
Lane, R Y Lewis
Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin

Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston
Randall Y Ray
Reece, B Y Reece, S
Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B
Smith, L Smith, P Y Smith, R Y Smith, T Smith, V Y Smyre Stanley-Turner Stephens Stephenson Talton Y Teilhet Y Thomas, A.M Y Thomas, B Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Williams, A Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 131, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Davis of the 109th, Jenkins of the 8th, Lindsey of the 54th, and Reese of the 98th 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 236. By Representatives Lane of the 158th, Stephens of the 164th, Barnard of the 166th and Burns of the 157th:

A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to provide that a rebuttable presumption that services, accommodations, entertainment, or the use of personal property which is available only for compensation was knowingly obtained by deception and with intent to avoid payment shall arise upon a showing that the person obtaining such services, accommodations,

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entertainment, or the use of personal property used false identification, provided false information on a written contract, made any payment with an insufficient check, or returned any personal property to a place or at a time other than as agreed upon; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to provide that it shall be prima-facie evidence of deception and intent to avoid payment if a person who rented a motor vehicle or trailer used false identification, provided false information on a written contract, made any payment with an insufficient check, abandoned the vehicle or trailer, or returned the vehicle or trailer after business hours or without notice; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, is amended by inserting immediately following Code Section 16-8-5 a new Code section to read as follows:
"16-8-5.1. It shall be prima-facie evidence of deception and intent to avoid payment as provided in Code Section 16-8-5 if a person who rented or leased a motor vehicle or trailer:
(1) Used false identification; (2) Provided substantially false information on a written contract; (3) Made any payment with any check or draft made payable at sight, on demand, or on a date not subsequent to the date when the same was drawn, which check or draft payment was refused on presentation; (4) Abandoned the vehicle or trailer at a location other than the place agreed upon for return or without notification; or (5) Returned the vehicle or trailer at a time beyond posted business hours of the renter or lessor unless otherwise agreed to by the lessor."
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:

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Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden
Beasley-Teague Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Chambers Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner
Geisinger Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne E Houston Y Howard E Hudson Y Hugley Y Jackson
Jacobs Y James Y Jamieson Y Jenkins E Jennings
Johnson Y Jones, J Y Jones, S
Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May
McCall Y McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal
Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston
Randall Y Ray Y Reece, B
Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal
Rynders

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 147, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Jacobs of the 80th 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 543. By Representatives Casas of the 103rd, Hembree of the 67th, Maxwell of the 17th, Chambers of the 81st and Jones of the 46th:

A BILL to be entitled an Act to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other

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public school personnel, so as to provide for the donation of sick leave from an employee of a local board of education to his or her spouse who is also an employee of the local board of education for certain purposes; 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 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other public school personnel, so as to provide for the donation of sick leave from an employee of a local board of education to his or her spouse who is also an employee of the local board education for certain purposes; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other public school personnel, is amended by striking subsection (c) and inserting in its place a new subsection to read as follows:
"(c)(1) The sick leave and the accumulation of unused sick leave and the payments for unused sick leave provided for by this part shall be subject to subsection (g) of Code Section 20-2-182, but this part shall not be construed so as to prohibit local boards of education from adopting policies relative to sick leave and the accumulation of unused sick leave and payments for unused sick leave which are supplemental to this part, provided the cost of implementing and maintaining any such supplemental policies shall be paid entirely from local funds. (2) A local board of education may establish and set policies and procedures for a sick leave bank or pool of voluntarily contributed employee sick leave days. Participating employees shall make equal contributions to the bank or pool. Such employees may draw sick leave days from the bank or pool as provided by adopted local board of education policy. Any other provisions of this part or any other laws to the contrary notwithstanding, state allotted sick leave days funded pursuant to the provisions of subsection (g) of Code Section 20-2-182 may be contributed to or withdrawn from a local board of education sick leave bank or pool subject to the following requirements:
(A) Each employee may contribute only up to a maximum of 45 state funded sick leave days to the bank or pool, but each employee may contribute as many locally funded sick leave days as provided for by local board of education policy; and (B) Each employee shall be entitled to withdraw from the bank or pool as many state and locally funded sick leave days as provided for by local board of education policy.

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(3) Local boards of education shall maintain for each employee an accurate, complete, and up-to-date record of all state and locally funded sick leave days contributed to and withdrawn from the sick leave bank or pool, and such record shall show a separate accounting for state funded and locally funded sick leave days. (4) Local boards of education, which establish sick leave banks pursuant to paragraph (2) of this subsection, shall allow an employee of a local board to donate up to ten sick leave days to his or her spouse if such spouse is also an employee of the local board for purposes of maternity leave, illness, illness of a family member, or death of a family member."

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:

Abdul-Salaam Y Amerson N Anderson Y Ashe Y Barnard E Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant N Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers
Channell Y Cheokas Y Coan

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman
Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene
Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K

Y Holmes Y Holt Y Horne E Houston
Howard E Hudson
Hugley Y Jackson Y Jacobs
James Jamieson Y Jenkins E Jennings Johnson Y Jones, J Y Jones, S Y Jordan Keen Y Keown Kidd Y Knight Y Knox Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford

Y Maxwell Y May
McCall N McClinton Y Meadows Y Millar Y Miller
Mills Y Mitchell Y Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish N Parsons Y Porter Y Powell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Reese

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens N Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson
Willard N Williams, A

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Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Heckstall Hembree
Y Henson Y Hill, C Y Hill, C.A

Y Maddox N Mangham Y Manning Y Marin Y Martin

Y Rice Y Roberts Y Rogers Y Royal
Rynders

Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 139, nays 9.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 509. By Representatives Harbin of the 118th, Keen of the 179th and Burkhalter of the 50th:

A BILL to be entitled an Act to amend Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, so as to provide for program budgeting; to provide for definitions; to change certain provisions regarding budget estimates; to change certain provisions regarding required reserve of certain appropriations; to provide for the comprehensive revision of provisions regarding the revenue shortfall reserve; to change certain provisions regarding the promotion of state development; to change certain provisions regarding policy documents with respect to strategic state planning; 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 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, so as to provide for program budgeting; to provide for definitions; to change certain provisions regarding budget estimates; to change certain provisions regarding required reserve of certain appropriations; to provide for the comprehensive revision of provisions regarding the revenue shortfall reserve; to change certain provisions regarding the promotion of state development; to change certain provisions regarding policy documents with respect to strategic state planning; 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 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, is amended by striking Code Section 45-12-71, relating to definitions

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regarding budgetary and financial affairs, and inserting in its place a new Code Section 45-12-71 to read as follows:
"45-12-71. As used in this part, the term:
(1) 'Annual operating budget' means the operating budget for each budget unit which details the appropriations passed by the General Assembly for that budget unit. (2) 'Appropriation' means an authorization by the General Assembly to a budget unit to expend, from public funds, a sum of money not in excess of the sum specified, for the purposes specified in the authorization and under the procedure described in this part. (3) 'Appropriation Act' means an Act of the General Assembly which authorizes the expenditure of state money. (4) 'Budget' means the complete financial plan for the fiscal year as proposed in the budget report and modified and adopted by appropriation and revenue Acts. (5) 'Budget allotment' means a process of authorizing the withdrawal of state funds from the treasury based on a determination that the budget allotment request is consistent with an approved work program. (6) 'Budget class' means one of the kinds of expenditures denoting a class of service or commodities purchased or properties acquired as specified in the classification of expenditures provided for in this part for use in expenditure accounting, in the making of budget estimates, and in the budget reports and budgets. (7) 'Budget estimate' means the statement with accompanying explanations, as provided in this part, in which a budget unit states its financial requirements and requests appropriations. (8) 'Budget message' means the required statement by the Governor to the General Assembly after its convening which gives a summary description of the Governors proposed financial policies and plans contained in the budget report, together with recommendations for additional revenues, if any. (9) 'Budget report' means and 'program budget report' mean recommendations of the Governor to the General Assembly as to financial plans, and expenditures to be authorized, and agency program information, with the accompanying statements and explanations provided for in this part. (10) 'Budget unit' means a department, institution, agency, or other unit of organization for which separate appropriations are made. (11) 'Core businesses' means policy areas that a budget unit was created to address. These are fundamental activities or groups of activities critical to the organizations overall mission. (12) 'Outcome measure' means quantitative and qualitative indicators by which the performance of a program can be assessed against adopted goals and objectives. (13) 'Program' means a discrete set of activities undertaken to carry out an agencys core businesses. (12)(14) 'Strategic planning' means the process through which a preferred future direction and organizational mission are established and periodically updated in light

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of changing trends and issues and goals, objectives, and strategies are adopted and implemented to guide an organization toward that preferred future direction."
SECTION 2. Said chapter is further amended by striking paragraph (2) of Code Section 45-12-73, relating to powers and duties of the Office of Planning and Budget, and inserting in its place a new paragraph (2) to read as follows:
"(2) Develop and implement an outcome based a program budgeting system that relates funding to achievement of established goals and objectives, measures agency performance against attainment of planned outcomes, and provides for program evaluations for policy and funding determinations. Program evaluations may include cost benefit analyses, decision analyses, statistical analyses, comparisons with similar programs in other jurisdictions, relevant historical trends, and demographic factors and other useful techniques;".
SECTION 3. Said chapter is further amended by striking subsection (a) of Code Section 45-12-78, relating to submission of annual budget estimates by heads of budget units, and inserting in its place a new subsection (a) to read as follows:
"(a) Not earlier than August 1 of each year or later than September 1 of each year, the head of each budget unit, other than the General Assembly and the judiciary, shall submit to the Office of Planning and Budget, the House Budget Office, and the Senate Budget Office estimates of the financial requirements of the budget unit for the next fiscal year, on the forms and in the manner prescribed by the Office of Planning and Budget, with such explanatory data as is required by the Office of Planning and Budget. The Governor may extend the time for submission if the Governor determines that particular circumstances require such an extension. Such submission shall utilize such budget classes and be within such expenditure parameters as may be established by the Governor. The head of a budget unit also may submit such additional data as is helpful. The estimates so submitted shall bear the approval of the board or commission of each budget unit for which a board or commission is constituted."
SECTION 4. Said chapter is further amended by striking Code Section 45-12-93, relating to the revenue shortfall reserve, and inserting in its place a new Code Section 45-12-93 to read as follows:
"45-12-93. (a) As of June 30 of each fiscal year, the state auditor shall reserve from the state surplus an amount equal to not less than 3 nor more than 5 percent, as directed by the director of the budget, of the net revenue collections of such fiscal year, to the extent that such surplus is available therefor. This reserve shall be entitled the revenue shortfall reserve and shall be in lieu of the working reserve for high-income and lowincome periods; provided, however, that the director of the budget may, with regard to

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all or any part of the fourth and fifth percentile so reserved, direct the return of the same to the general fund of the state treasury for appropriation according to law. (b) As of June 30 of each fiscal year, the state auditor shall reserve from the state surplus an amount equal to 1 percent of the net revenue collections of such fiscal year, to the extent that such surplus is available therefor. This amount shall be reserved before the amount shall be reserved for the revenue shortfall reserve as provided in subsection (a) of this Code section. This reserve shall be entitled the midyear adjustment reserve and shall be available for appropriation by the General Assembly of Georgia for such purposes as it may select. (c) Any other provision of law notwithstanding, the General Assembly of Georgia is authorized to appropriate $5 million for State Fiscal Year 1983 from the revenue shortfall reserve. (d) Any other provision of law notwithstanding, the General Assembly of Georgia is authorized to appropriate $12,500,000.00 for State Fiscal Year 1985 from the revenue shortfall reserve, for the purpose of financing the construction of water and sewer projects, through loans to local governments by the Georgia Development Authority. (e) Any other provision of law notwithstanding, the General Assembly of Georgia is authorized to appropriate $208,632,306 for State Fiscal Year 2004 from the revenue shortfall reserve. (f) Any other provision of law notwithstanding, the General Assembly of Georgia is authorized to appropriate $7 million for State Fiscal Year 2005 from the revenue shortfall reserve. (a) There shall be a reserve of state funds known as the 'Revenue Shortfall Reserve.' (b) The amount of all surplus in state funds existing as of the end of each fiscal year shall be reserved and added to the Revenue Shortfall Reserve. Funds in the Revenue Shortfall Reserve shall carry forward from fiscal year to fiscal year and shall be maintained, accumulated, appropriated, and otherwise disbursed only as provided in this Code section. (c) For each existing fiscal year, the General Assembly may appropriate from the Revenue Shortfall Reserve an amount up to 1 percent of the net revenue collections of the preceding fiscal year. (d) The Governor may release for appropriation by the General Assembly a stated amount from funds in the Revenue Shortfall Reserve that are in excess of 4 percent of the net revenue of the preceding fiscal year. (e) As of the end of each fiscal year, an amount shall be released from the Revenue Shortfall Reserve to the general fund to cover any deficit by which total expenditures and contractual obligations of state funds authorized by appropriation exceed net revenue and other amounts in state funds made available for appropriation. (f) The combined Revenue Shortfall Reserve and the Midyear Adjustment Reserve existing on the effective date of this subsection shall become the Revenue Shortfall Reserve provided for in this Code section. (g) Any other provision of law notwithstanding, the General Assembly is authorized to appropriate $ 7 million for State Fiscal Year 2005 from the Revenue Shortfall Reserve."

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SECTION 5. Said chapter is further amended by striking subsection (d) of Code Section 45-12-173, relating to promotion of state development, and inserting in its place a new subsection (d) to read as follows:
"(d) The Governor shall prepare and submit to the General Assembly a development program budget report for the consideration and review of the General Assembly. The development program budget report shall be submitted within five days after the organization of the General Assembly for review with the budget document."

SECTION 6. Said chapter is further amended by striking subsection (b) of Code Section 45-12-177, relating to review and establishment of certain goals and policies, and inserting in its place a new subsection (b) to read as follows:
"(b) The Governor, through the Office of Planning and Budget, shall prepare an annual policy document to reflect the state strategic plan and address state-wide goals, objectives, and opportunities. A program budget report shall satisfy this requirement. Such policy document shall be transmitted to the General Assembly at the beginning of each legislative session beginning with the 1994 2006 session."

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 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:

Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson
Dollar Y Drenner Y Dukes
Ehrhart Y England Y Epps Y Fleming

Y Holmes Y Holt Y Horne E Houston
Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings
Johnson

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R

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Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D
Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Jones, J Y Jones, S
Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish
Parsons Y Porter Y Powell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S
Reese Y Rice Y Roberts Y Rogers Y Royal
Rynders

Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 152, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Parsons of the 42nd 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 50. By Representatives England of the 108th, McCall of the 30th, Roberts of the 154th, Benton of the 31st, Jamieson of the 28th and others:

A RESOLUTION creating the Joint Agricultural Education Study Committee; and for other purposes.

The following substitute, offered by the Committee on Rules, was read and adopted:

A RESOLUTION

Creating the Joint Agricultural Education Study Committee; and for other purposes.

WHEREAS, agriculture is Georgias largest industry and Georgias agribusiness sector contributes over $57 billion of annual economic output, which is about 16 percent of the states total annual economic output; and

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WHEREAS, a Georgia Agribusiness Council study has found that one in every five Georgians works in an agriculturally related sector of the states economy; and
WHEREAS, there is a need to develop agricultural education instructional standards that are integrated within current academic content standards; and
WHEREAS, cross-curricula instruction at all grade levels will enhance student achievement in core academic subjects; and
WHEREAS, agricultural education of our young people in their middle and high school years plays an integral part in strengthening and enhancing the vital role of agriculture in our economy and way of life; and
WHEREAS, all students need to understand the following:
Grade Level 5 The importance of agriculture The role of science in agriculture The origin of food and fiber The technology related to agriculture
Grade Level 8 Societys standard of living in relation to agriculture How agricultural science has recognized various soil types Agriculture systems use of natural and human resources The improvement of agricultural production through technology Career opportunities in agriculture
Grade Level 12 The importance of agriculture to society The influence of agricultural science on farming practices The function of the components of the food/fiber system Efforts of efficiency in agriculture through technology Management practices in agricultural businesses Agricultural science and its influence on biotechnology Social, political, and economic factors that affect agriculture The relationship of research and development activities in agriculture; and
WHEREAS, the intent of this resolution is to provide direction to develop instructional strategies to teach the above standards and to integrate them into a broad range of academic subject areas, to provide a stronger career preparation program to meet the demands of a dynamic and competitive agriculture industry, and to provide for a better informed citizenry; and

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WHEREAS, existing programs in this area, including among others the Young Farmer Program, food processing facilities, youth camps, extended day/year, and area teacher and industry certification, have done much to advance this cause but other improvements may be attainable; and
WHEREAS, there has been no formal study by the General Assembly in recent years of issues relating to agricultural education; and
WHEREAS, it would be of benefit to the General Assembly to promptly complete a study with respect to what improvements are needed and can be attained in this essential area, including a study with respect to the development of nonmandatory instructional standards for the integration of agricultural education into elementary, middle, and secondary schools programs of study for public schools in Georgia and the development of a K-12 Agricultural Education Strategic Plan; and
WHEREAS, the study will provide direction and oversight for the development and implementation of an action plan for the delivery of agricultural education and its related programs.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Agricultural Education Study Committee to be composed of three members of the House of Representatives to be appointed by the Speaker of the House of Representatives; three members of the Senate to be appointed by the Senate Committee on Assignments; one person knowledgeable in the area of agricultural education to be appointed by the Speaker of the House of Representatives; one person knowledgeable in the area of agricultural education to be appointed by the Senate Committee on Assignments; four persons knowledgeable in the area of agricultural education to be appointed by the Governor; and three persons knowledgeable in the area of agricultural education to be appointed by the State School Superintendent. The Speaker of the House of Representatives shall designate a member of the House and the Senate Committee on Assignments shall designate a member of the Senate who shall serve as cochairpersons of the committee. The committee shall meet at the call of the cochairpersons.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. As a minimum the committee shall provide recommendations for the following:
1. A plan to provide for a state-wide Agriculture Learning Center Model to be developed at local levels;

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2. Program-standard approval for all related appropriations, such as Young Farmer, extended day/year, youth camps, food processing, and area teacher and industry certification; 3. New program criteria available for funding; 4. Recommendations to the Governor and legislative bodies for appropriations and legislative acts to enhance the delivery of agricultural education; 5. The development and review of an annual report and evaluation for the agricultural education program.

BE IT FURTHER RESOLVED that 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 authorized for legislative members of interim legislative committees but shall receive the same for not more than ten days unless additional days are authorized. The other members of the committee shall serve without compensation. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives and Senate.

BE IT FURTHER RESOLVED that the committee is directed to make a report of its findings and recommendations not later than the convening of the 2006 regular session, at which time the committee shall be dissolved.

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:

Abdul-Salaam Y Amerson
Anderson Y Ashe
Barnard E Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster

Y Holmes Y Holt Y Horne E Houston
Howard E Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner

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Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter
Casas Y Chambers
Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Franklin Y Freeman Y Gardner Y Geisinger
Golick Graves, D Y Graves, T Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey
Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning N Marin Y Martin

Y O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin
Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the adoption of the Resolution, by substitute, the ayes were 152, nays 1.

The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

Representative Greene of the 149th wished to be excused on the preceding roll call.

Representative Marin of the 96th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 521. By Representatives Crawford of the 127th, Talton of the 145th and Barnard of the 166th:

A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to sheriffs, so as to require candidates for sheriff to be certified peace officers in good standing at the time of qualifying for election to the office; to provide that the office of sheriff shall be deemed vacant if the sheriffs certification as a peace officer is revoked; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

To amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to sheriffs, so as to provide that the office of

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sheriff shall be deemed vacant if the sheriffs certification as a peace officer is revoked; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to sheriffs, is amended by striking Code Section 15-16-8, relating to vacancies in the office of sheriff, and inserting in lieu thereof the following:
"15-16-8. (a) Except as otherwise provided by local law, vacancies in the office of sheriff shall be filled and the proceedings thereafter shall be as in cases of vacancies in the office of clerk of the superior court, subject to the exception provided in subsection (b) of this Code section. (b) In case there is a failure to appoint, as set forth in Code Section 15-6-54, the coroner of the county shall act as sheriff. If there is no coroner, the sheriff of any adjoining county is authorized to act as sheriff until the judge of the probate court makes the appointment or an election is held. (c) Reserved. Notwithstanding the provisions of Code Section 45-5-1, the office of sheriff shall by operation of law be deemed vacant upon certification by the Georgia Peace Officer Standards and Training Council to the judge of the probate court of the county that the certification required to be a peace officer has been revoked for the sheriff of said county. Such vacancy shall be filled as provided in this Code section. (d) Notwithstanding the provisions of Code Section 45-5-1, the office of sheriff shall by operation of law be deemed vacated upon certification being made by the Georgia Peace Officer Standards and Training Council to the judge of the probate court of such county that a newly elected sheriff who is not a registered or certified peace officer at the time of taking office has failed to become a certified peace officer within the required time and pursuant to the provisions of subparagraph (c)(1)(J) of Code Section 15-16-1. Such vacancy shall be filled as provided in this Code section."

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:

Abdul-Salaam Y Amerson
Anderson Y Ashe

Y Crawford Y Cummings Y Davis Y Day

Y Holmes Y Holt Y Horne E Houston

Y Maxwell Y May
McCall Y McClinton

Sailor Y Scheid Y Scott, A Y Scott, M

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Y Barnard E Barnes Y Bearden
Beasley-Teague Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Coleman, T Y Cooper Y Cox

Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger E Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield
Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan
Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey
Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Meadows Y Millar Y Miller Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Setzler Shaw
Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, 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.

HR 239. By Representatives Manning of the 32nd, Ehrhart of the 36th, Tumlin of the 38th, Cooper of the 41st, Teilhet of the 40th and others:

A RESOLUTION authorizing the conveyance of certain State owned real property located in Cobb 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:

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Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard E Barnes Y Bearden
Beasley-Teague Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Casas Y Chambers Y Channell Y Cheokas Y Coan Cole Y Coleman, B Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson
Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger E Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield
Heard, J Y Heard, K Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne E Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan
Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May
McCall McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders

Sailor Scheid Y Scott, A Y Scott, M Y Setzler Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker

On the adoption of the Resolution, the ayes were 146, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HB 150. By Representatives Franklin of the 43rd, Ehrhart of the 36th, Keen of the 179th, Burkhalter of the 50th, Willard of the 49th and others:

A BILL to be entitled an Act to amend Code Section 15-2-8 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Supreme Court, so as to provide that the Supreme Court shall permit any person who has graduated from a law school, regardless of whether such law school is accredited or approved by the American Bar Association or the Georgia Board of Bar Examiners, to take the state bar examination if such person

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meets all other qualifications to take such examination; 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 Code Section 15-2-8 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Supreme Court, so as to provide that certain persons who do not meet the normal educational requirements for admission to the bar but are members in good standing of the bar of any state of the United States shall be eligible to take the examination for admission to the state bar and, upon successful completion, to be admitted to the practice of law in this state; 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 15-2-8 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Supreme Court, is amended by striking paragraph (5) and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) To establish, amend, and alter its own rules of practice and to regulate the admission of attorneys to the practice of law; provided, however, that any person shall be allowed to take the examination for admission to the State Bar of Georgia and, upon successful completion, shall be admitted to the practice of law in this state if such person:
(A) Is a member in good standing of the bar of any other state of the United States; and (B) Meets all requirements other than educational requirements for eligibility to take such examination and be admitted to the State Bar of Georgia;".
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
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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Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard E Barnes
Bearden Y Beasley-Teague
Benfield N Benton N Black N Bordeaux E Borders Y Bridges Y Brooks Y Brown N Bruce E Bryant N Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan
Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings E Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner N Dukes Y Ehrhart
England N Epps Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger E Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield N Heard, J N Heard, K Y Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A

N Holmes Y Holt N Horne E Houston N Howard E Hudson N Hugley N Jackson N Jacobs N James N Jamieson Y Jenkins E Jennings N Johnson N Jones, J Y Jones, S N Jordan
Keen N Keown N Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis
Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox N Mangham N Manning N Marin Y Martin

Y Maxwell Y May
McCall N McClinton Y Meadows Y Millar N Miller Y Mills Y Mitchell N Morgan Y Morris N Mosby N Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock E Parham E Parrish N Parsons N Porter Y Powell
Ralston Randall N Ray Y Reece, B N Reece, S Y Reese N Rice Y Roberts N Rogers Y Royal Y Rynders

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C N Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P N Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet Y Thomas, A.M N Thomas, B N Tumlin Y Walker N Warren N Watson N Wilkinson
Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 94, nays 59.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 559. By Representatives Smith of the 70th, Ehrhart of the 36th, Jones of the 46th, Graves of the 12th and Fleming of the 117th:

A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption from state sales and use tax only with respect to sales of certain energy efficient products for a limited period of

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time; to provide for a definition; to provide for conditions and limitations; 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 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 from state sales and use tax only with respect to sales of certain energy efficient products for a limited period of time; to provide for a definition; to provide for conditions and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, is amended by striking "or" at the end of paragraph (79), by striking the period at the end of paragraph (80) and inserting in its place "; or", and by adding a new paragraph immediately following paragraph (80) to be designated paragraph (81) to read as follows:
"(81)(A) Sales of energy efficient products. The exemption provided by this paragraph shall apply only to sales occurring during a period commencing at 12:01 A.M. on October 6, 2005, and concluding at 12:00 Midnight on October 9, 2005. (B) For the purposes of this exemption, an energy efficient product is any dishwasher, clothes washer, air conditioner, ceiling fan, incandescent or flourescent light bulb, dehumidifier, programmable thermostat, or refrigerator, the energy efficiency of which has been designated by the United States Environmental Protection Agency and the United States Department of Energy as meeting or exceeding each such agencys energy saving efficiency requirements or which have been designated as meeting or exceeding such requirements under each such agencys Energy Star program.
(C)(i) For the purposes of this paragraph, the term 'local sales and use tax' shall mean any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2 of this chapter; by or pursuant to Article 2A of this chapter; by or pursuant to Part 1 of Article 3 of this chapter; by or pursuant to Part 2 of Article 3 of this chapter; by or pursuant to Article 4 of this chapter.

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(ii) The exemption provided for in subparagraph (A) of this paragraph shall not apply to any local sales and use tax levied or imposed at any time. (D) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph."

SECTION 2. This Act shall become effective July 1, 2005.

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:

Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown
Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger E Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree
Henson

Y Holmes Y Holt Y Horne E Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S
Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell
Ralston Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, R Y Wix

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Y Cooper Y Cox

Y Hill, C Y Hill, C.A

Marin Y Martin

Y Royal Y Rynders

Y Yates Richardson,
Speaker

On the passage of the Bill, by substitute, the ayes were 154, nays 1.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 643. By Representatives Sheldon of the 105th, Cooper of the 41st, Keen of the 179th, Knox of the 24th and Murphy of the 23rd:

A BILL to be entitled an Act to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to establish the Georgia Long-Term Care Partnership Program; to provide a short title; to provide definitions; to provide for the administration of the program; to provide for certain duties and responsibilities; to provide that certain assets of persons not be considered when certain determinations concerning eligibility for Medicaid assistance are made; to provide for criteria for asset disregard; to provide for reciprocal agreements with other states; to authorize the Department of Community Health and the Commissioner of Insurance to promulgate certain rules and regulations; to provide for certain contingencies; 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 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to establish the Georgia Long-Term Care Partnership Program; to provide a short title; to provide definitions; to provide for the administration of the program; to provide for certain duties and responsibilities; to provide that certain assets of persons not be considered when certain determinations concerning eligibility for Medicaid assistance are made; to provide for criteria for asset disregard; to provide for reciprocal agreements with other states; to authorize the Department of Community Health and the Commissioner of Insurance to promulgate certain rules and regulations; to provide for certain contingencies; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

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Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, is amended by adding a new Article 7A to read as follows:
"ARTICLE 7A
49-4-160. This article shall be known and may be cited as the 'Georgia Long-Term Care Partnership Program Act.'
49-4-161. As used in this article, the term: (1) 'Asset disregard' means the total assets an individual owns and may retain upon application for the state Medicaid program and still qualify for benefits if the individual:
(A) Is a beneficiary of a Georgia Long-Term Care Partnership Program approved policy; and (B) Has exhausted the benefits of such policy or has diminished such assets below anticipated remaining policy benefits. (2) 'Department' means the Department of Community Health. (3) 'Georgia Long-Term Care Partnership Program approved policy' means a long-term care insurance policy that is approved by the Commissioner of Insurance and is provided through state approved long-term care insurers through the Georgia LongTerm Care Partnership Program. (4) 'State Medicaid program' means the medical assistance program established in this state under Title XIX of the federal Social Security Act.
49-4-162. (a) There is established the Georgia Long-Term Care Partnership Program which shall be administered by the Department of Community Health, with the assistance of the Commissioner of Insurance and the Department of Human Resources, and which shall be for the following purposes:
(1) To provide incentives for individuals to insure against the costs of providing for their long-term care needs; (2) To provide a mechanism for individuals to qualify for coverage of the cost of their long-term care needs under the state Medicaid program without first being required to substantially exhaust their resources; (3) To provide counseling services through the Division of Aging Services of the Department of Human Resources to individuals in planning of their long-term care needs; and (4) To alleviate the financial burden on the states Medicaid program by encouraging the pursuit of private initiatives. (b) Upon the exhaustion of benefits or upon the diminishment of assets below the anticipated remaining benefits under a Georgia Long-Term Care Partnership Program

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approved policy, certain assets of an individual, as provided in subsection (c) of this Code section, shall not be considered when determining any of the following:
(1) Medicaid eligibility; (2) The amount of any Medicaid payment; and (3) Any subsequent recovery by the state of a payment for medical services. (c) The department shall amend the state Medicaid program to allow for asset disregard. The department shall provide for asset disregard by counting insurance benefits paid for covered services under the Georgia Long-Term Care Partnership Program for purchasers of a Georgia Long-Term Care Partnership Program approved policy toward asset disregard.
49-4-163. (a) An individual who is a beneficiary of a Georgia Long-Term Care Partnership Program approved policy is eligible for assistance under the state Medicaid program using asset disregard pursuant to the provisions of subsection (c) of Code Section 49-4162. (b) If the Georgia Long-Term Care Partnership Program is discontinued, an individual who purchased a Georgia Long-Term Care Partnership Program approved policy prior to the date the program was discontinued shall be eligible to receive asset disregard. (c) The department may enter into reciprocal agreements with other states to extend the asset disregard to residents of the state who purchase long-term care policies in another state which has asset disregard provisions as established under this article.
49-4-164. The department and the Commissioner of Insurance are authorized to promulgate rules and regulations to implement and administer the provisions of this article.
49-4-165. (a) A long-term care insurance policy issued after the effective date of this article shall contain a summary notice to the consumer in plain language on the current law pertaining to asset disregard and asset tests. (b) The notice to the consumer under subsection (a) of this Code section shall be developed by the Commissioner of Insurance.
49-4-166. The provisions of this article shall become effective 60 days after the effective date of the repeal of the restrictions to asset protection contained in the federal Omnibus Budget Reconciliation Act of 1993, Public Law 103-66, 107 Stat. 312."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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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:

Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown
Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas
Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson
Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger E Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne E Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson
Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S
Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin

Y Maxwell Y May
McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F
Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet
Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 149, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

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Representatives Jenkins of the 8th, Manning of the 32nd, and Thomas of the 55th 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 355. By Representative Cummings of the 16th:
A BILL to be entitled an Act to amend Chapter 7A of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Class Nine Fire Department Pension Fund, so as to change references to the secretarytreasurer of the fund to read executive director of the fund; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firefighters Pension Fund, so as to change a certain definition; to change references to the secretary-treasurer of such fund to read executive director; to amend Chapter 7A of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Class Nine Fire Department Pension Fund, so as to change references to the secretarytreasurer of such fund to read executive director; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firefighters Pension Fund, is amended by striking in its entirety Code Section 47-7-21, relating to creation of the office of secretary-treasurer of the board, appointment of the secretary-treasurer, compensation, and bond, and inserting in lieu thereof the following:
"47-7-21. There is created the office of secretary-treasurer executive director of the Georgia Firefighters Pension Fund. The secretary-treasurer executive director shall be named by the board and shall serve at the pleasure of the board. His The compensation of the executive director shall be fixed by the board. He or she shall be bonded by a corporate surety in such amount as the board shall determine to be sufficient. The cost of such bond shall be paid by the fund."
SECTION 2. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 47-7-61, relating to tax on premiums charged by fire insurance companies for certain classes of coverage, exclusions, and penalty for failure to report and pay such tax, and inserting in lieu thereof the following:

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"(b) If a fire insurance company, corporation, or association knowingly or willfully fails to file a return or pay the taxes imposed by this Code section, the secretarytreasurer executive director shall report such delinquency to the Commissioner of Insurance. The Commissioner of Insurance is authorized and directed upon receipt of such report, after notice and hearing, immediately to cancel such delinquents license to do business within this state."
SECTION 3. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 47-7-101, relating to eligibility for benefits, withdrawal of application for benefits before approval, and reemployment, and inserting in lieu thereof the following:
"(b) Any person who again becomes a paid employee of a fire department or of a volunteer fire department after having been placed on retirement or disability under Code Section 47-7-100 or 47-7-102 shall immediately notify the secretary-treasurer executive director of such reemployment. Retirement benefits being paid to such person shall be suspended as of the date of such reemployment and shall remain suspended until such reemployment terminates at which time the payment of retirement benefits shall be resumed in the amount to which the person was eligible at the time of reemployment. Disability benefits being paid to any such person shall be terminated as of the date of such reemployment. Within six months of the commencement of reemployment, any such person who at the time of application otherwise meets the requirements for membership may, by application in the manner provided by this chapter, become a member of the fund. In the event the application is granted, such member, upon meeting the requirements provided by law, shall be entitled to all benefits provided for in Code Section 47-7-100, but the amount of monthly retirement or disability benefits payable to such member shall not exceed the amount of the monthly benefit which would be payable to such member had such subsequent retirement become effective at the time of the members prior retirement, unless after such reemployment the member shall have acquired not less than seven years creditable service as a member of the fund."
SECTION 4. Chapter 7A of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Class Nine Fire Department Pension Fund, is amended by striking in its entirety subsection (b) of Code Section 47-7A-101, relating to withdrawal of benefit applications and reemployment, and inserting in lieu thereof the following:
"(b) Any person who again becomes a paid employee of a fire department after having been placed on retirement under Code Section 47-7A-100 shall immediately notify the secretary-treasurer executive director of the fund of such reemployment. Retirement benefits being paid to such person shall be suspended as of the date of such reemployment and shall remain suspended until such reemployment terminates at which time the payment of retirement benefits shall be resumed in the amount to which the person was eligible at the time of reemployment. Within six months of the

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commencement of reemployment, any such person who at the time of application otherwise meets the requirements for membership may, by application in the manner provided by this chapter, become a member of the fund. In the event the application is granted, such member, upon meeting the requirements provided by law, shall be entitled to all benefits provided for in Code Section 47-7A-100, but the amount of monthly retirement benefits payable to such member shall not exceed the amount of the monthly benefit which would be payable to such member had such subsequent retirement become effective at the time of the members prior retirement, unless after such reemployment the member shall have acquired not less than seven years creditable service as a member of the fund."
SECTION 5. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 47-7A-102, relating to deceased members, and inserting in lieu thereof the following:
"(a) In the event of the death of a member of the fund on or after July 1, 2001, who is in good standing and who has not commenced receiving any benefits under this chapter, the designated beneficiary of such deceased member shall be entitled to be paid the amount of $5,000.00, upon making proper application to the secretary-treasurer executive director of the fund. Such application shall be accompanied by a certified copy of the death certificate of the deceased member and such other information as may be required by the board."
SECTION 6. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 47-7A-124, relating to a bar to payment seven years after notice of eligibility and contesting eligibility determination, and inserting in lieu thereof the following:
"(a) No claim shall be made against the fund for benefits or the return of contributions after the lapse of seven years from the date on which the secretary-treasurer executive director of the fund shall have mailed by first-class mail to the last known address of the firefighter or volunteer firefighter or other person eligible therefor, as such address is reflected by the records of the fund, a written notice that the firefighter or volunteer firefighter or other eligible person is or may be eligible for such benefits or return of contributions; and, in the event any claim for benefits or the return of contributions is barred in accordance with this subsection, the amounts thereof shall be the property of this fund. The bar period prescribed by this subsection shall not begin to run with respect to a firefighter or volunteer firefighter on leave of absence who has elected to leave his or her contributions in the fund until the failure of the firefighter or volunteer firefighter to provide written confirmation of his or her election to remain on leave of absence within 60 days of a not more frequent than biennial request for such confirmation mailed to the last known address of such firefighter or volunteer firefighter, as such address is reflected by the records of the fund."
SECTION 7.

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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:

Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown
Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas
Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson
Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner
Geisinger E Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne E Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S
Jordan Y Keen Y Keown Y Kidd Y Knight
Knox Y Lakly Y Lane, B Y Lane, R Y Lewis
Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May
McCall Y McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Reese
Rice Y Roberts Y Rogers Y Royal Y Rynders

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 492. By Representatives Cummings of the 16th and Bridges of the 10th:

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A BILL to be entitled an Act 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 change the dates of election for participation; to repeal conflicting laws; 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 repeal a certain election for participation; 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 striking in its entirety Code Section 47-23-43, relating to election for participation, and inserting in lieu thereof the following:
"47-23-43. Any person subject to the provisions of this Code Section 47-2-334 who is employed pursuant to Code Section 28-4-3 or 45-15-31 in a full-time position requiring admission to the State Bar of Georgia as a condition of employment may make an irrevocable election to become a member by so notifying the board of trustees not later than December 31, 1998, or within 90 days after becoming so employed, whichever date is later. Any such person shall be credited with service in this retirement system only for actual service in such position. 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 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 calculated as if the member had either elected or rejected spouses survivors benefits at the members option. Any such member who was vested in the Employees Retirement System of Georgia at the time of making such election shall be vested in this retirement system but if applicable shall receive a retirement benefit reduced as provided in Code Section 47-23-102 section on June 30, 2005, shall retain all rights and obligations as exist on that day. Such persons shall be subject to all provisions of this chapter applicable to solicitors-general of the state courts."
SECTION 2.

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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:

Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown
Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson
Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps
Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger E Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne E Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S
Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin
Martin

Y Maxwell Y May
McCall Y McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker
Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, 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.

HB 173. By Representative Lunsford of the 110th:

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A BILL to be entitled an Act to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem tax, so as to expand the ad valorem exemption for veterans organizations to include certain additional nonprofit veterans organizations; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem tax, so as to expand the ad valorem exemption for veterans organizations to include certain additional nonprofit veterans organizations; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem tax, is amended by striking paragraph (14) of subsection (a) and inserting in its place a new paragraph (14) to read as follows:
"(14) Property which is owned by and used exclusively as the headquarters, post home, or similar facility of a veterans organization and used primarily for veterans purposes. As used in this paragraph, the term 'veterans organization' means:
(A) any Any veterans organization which is qualified as a nonprofit organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended; or (B) 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; and"
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that election on the date of the November, 2006, statewide general election. The Secretary of State shall issue the call and conduct that special election as provided by general law. The Secretary of State shall cause the date and

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purpose of the special election to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written or printed thereon the following:

"( ) YES Shall the Act be approved which expands the ad valorem tax

( ) NO

exemption for veterans organizations to include certain additional nonprofit veterans organizations?"

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, then Section 1 of this Act shall

become effective on January 1, 2007, and shall apply to all taxable years beginning on or

after that date. If Section 1 of this 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.

SECTION 3. Except as otherwise provided in Section 2 of this Act, 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:

Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown
Bruce E Bryant Y Buckner, D

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson
Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin

Y Holmes Y Holt Y Horne E Houston Y Howard E Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J
Jones, S Jordan Y Keen Y Keown

Y Maxwell Y May Y McCall Y McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver
O'Neal

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens

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Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Freeman Y Gardner Y Geisinger E Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, R Y Wix Y Yates
Richardson, 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 Williams of the 89th 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 470. By Representatives Lunsford of the 110th, Golick of the 34th, Smith of the 129th, Roberts of the 154th, Lewis of the 15th and others:

A BILL to be entitled an Act to amend the following provisions of the O.C.G.A., so as to change all references to "911" emergency numbers to read 9-1-1; Article 2 of Chapter 10 of Title 20, relating to obstruction of public administration; Article 2 of Chapter 5 of Title 46, relating to telephone service; Code Section 19-13-51, relating to definitions relative to the "Family Violence and Stalking Protective Order Registry Act,"; Code Section 31-111, relating to findings and declaration of policy relative to emergency services; Code Section 33-9-39, relating to restrictions on motor vehicle insurance surcharges relating to accidents involving law enforcement officers, firefighters, or emergency medical technicians; Code Section 36-6019, relating to dispatch centers, required training for communications officers, exceptions, and penalty for noncompliance; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:

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A BILL
To amend the following provisions of the Official Code of Georgia Annotated, so as to change all references to "911" emergency numbers to read 9-1-1; Article 2 of Chapter 10 of Title 20, relating to obstruction of public administration; Article 2 of Chapter 5 of Title 46, relating to telephone service; Code Section 19-13-51, relating to definitions relative to the "Family Violence and Stalking Protective Order Registry Act,"; Code Section 31-111, relating to findings and declaration of policy relative to emergency services; Code Section 33-9-39, relating to restrictions on motor vehicle insurance surcharges relating to accidents involving law enforcement officers, firefighters, or emergency medical technicians; Code Section 36-60-19, relating to dispatch centers, required training for communications officers, exceptions, and penalty for noncompliance; Code Section 38-320, relating to presentment of boundary dispute by grand jury, certification to Governor, appointment of surveyor to define line, and return of survey and plat to Secretary of State; Code Section 38-3-27, relating to local organizations for emergency management, creation, structure, powers, directors, appointment, qualifications, and compensation, state to provide financial assistance, and entitlement for funding; and Code Section 5018-72, relating to when public disclosure not required and disclosure of exempting legal authority; to amend Article 2 of Chapter 5 of Title 46, relating to telephone service, so as to define certain terms; to change references to "911" numbers to read 9-1-1; to change the membership of the 9-1-1 Advisory Committee; to provide for the update of information in a certain report; to provide a penalty; to provide for the use of a wireless customers place of primary use; to provide for a maximum administrative fee; to provide for the administration of certain funds; to provide for the recovery of costs; to provide for a state plan governing 911 enhanced systems; to provide for a reporting of the expenditure of funds; to amend Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to sales and use tax, so as to define certain terms; to provide for a method of making a notification of billing error; to provide for the identification of the place of primary use for wireless customers; to provide for the provision of certain customer information to certain state agencies; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, is amended by striking in its entirety Code Section 16-10-24.3, relating to obstructing or hindering persons making emergency telephone calls, and inserting in lieu thereof the following:
"16-10-24.3. Any person who verbally or physically obstructs, prevents, or hinders another person with intent to cause or allow physical harm or injury to another person from making or completing a 911 9-1-1 telephone call or a call to any law enforcement agency to

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request police protection or to report the commission of a crime is guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine not to exceed $1,000.00 or imprisonment not to exceed 12 months, or both."
SECTION 2. Code Section 19-13-51 of the Official Code of Georgia Annotated, relating to definitions relative to the "Family Violence and Stalking Protective Order Registry Act," is amended by striking in its entirety paragraph (4) and inserting in lieu thereof the following:
"(4) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the following: state or local officer, sheriff, deputy sheriff, dispatcher, 911 9-1-1 operator, police officer, prosecuting attorney, member of the State Board of Pardons and Paroles, a hearing officer and parole officer of the State Board of Pardons and Paroles, and a probation officer of the Department of Corrections."
SECTION 3. Code Section 31-11-1 of the Official Code of Georgia Annotated, relating to 31-11-1, findings and declaration of policy relative to emergency services, is amended by striking in its entirety paragraph (4) of subsection (a) and inserting in lieu thereof the following:
"(a)(4) That the administration of an emergency medical systems communications program should be the responsibility of the Department of Human Resources, acting upon the recommendations of the local entity which coordinates the program; all ambulance services shall be a part of this system even if this system is the '911' 9-1-1 emergency telephone number;"
SECTION 4. Code Section 31-11-53.1 of the Official Code of Georgia Annotated, relating to automated external defibrillator program, establishment, regulations, and liability, is amended by striking in its entirety paragraph (3) of subsection (b) and inserting in lieu thereof the following:
"(b)(3) All persons who use an automated external defibrillator shall activate the emergency medical services system as soon as reasonably possible by calling '911' 91-1 or the appropriate emergency telephone number upon use of the automated external defibrillator; and"
SECTION 5. Code Section 33-9-39 of the Official Code of Georgia Annotated, relating to restrictions on motor vehicle insurance surcharges relating to accidents involving law enforcement

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officers, firefighters, or emergency medical technicians, is amended by striking in its entirety paragraph (2) and inserting in lieu thereof the following:
"(2) For which the law enforcement officer, firefighter, or emergency medical technician furnishes proof, in the form of copies of the accident report, 911 9-1-1 emergency dispatch log, or the employing agencys documents, to the insurer of the condition provided in paragraph (1) of this Code section."
SECTION 6. Code Section 36-60-19 of the Official Code of Georgia Annotated, relating to dispatch centers, required training for communications officers, exceptions, and penalty for noncompliance, is amended by striking in its entirety subsection (b) and inserting in lieu thereof the following:
"(b) On and after January 1, 1999, no monthly '911' 9-1-1 charge provided for in Code Section 46-5-133 may be imposed for the support of any dispatch center unless such dispatch center is in compliance with the requirements of this Code section."
SECTION 7. Code Section 38-3-20 of the Official Code of Georgia Annotated, relating to the creation of the Georgia Emergency Management Agency, director, staff, offices, directors duties, and disaster coordinator, is amended by striking subsections (c) and (e) and inserting in lieu thereof, respectively, the following:
"(c) The director may employ such professional, technical, clerical, stenographic, and other personnel, may fix their compensation, and may make such expenditures within the appropriation therefor, or from other funds made available for purposes of emergency management, as may be necessary to carry out the purposes of Article 1, this article, and Article 3 of this chapter, the duties of the agency and the director described in Part 4 of Article 2 of Chapter 5 of Title 46, the 'Georgia Emergency Telephone Number "911" 9-1-1 Service Act of 1977,' as amended." "(e) The director, subject to the direction and control of the Governor, shall be the executive head of the Georgia Emergency Management Agency and shall be responsible to the Governor for carrying out the program for emergency management in this state. He or she shall coordinate the activities of all organizations for emergency management within the state, shall maintain liaison with and cooperate with emergency management agencies and organizations of other states and of the federal government, and shall have such additional authority, duties, and responsibilities authorized by Article 1, this article, and Article 3 of this chapter as may be prescribed by the Governor and such additional authority, duties, and responsibilities as described in Part 4 of Article 2 of Chapter 5 of Title 46, the 'Georgia Emergency Telephone Number "911" 9-1-1 Service Act of 1977,' as amended."
SECTION 8. Code Section 38-3-27 of the Official Code of Georgia Annotated, relating to local organizations for emergency management, creation, structure, powers, directors,

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appointment, qualifications, compensation, state to provide financial assistance, and entitlement for funding, is amended by striking in its entirety paragraph (5) of subsection (a) and inserting in lieu thereof the following:
"(a)(5) The political subdivision shall designate an office in a building owned or leased by the political subdivision as the office of emergency management. Such office of emergency management shall have appropriate equipment and supplies, including but not limited to telephone and communication equipment, connections access to the '911' 9-1-1 system if such system is operational in the political subdivision, desks, typewriters, file cabinets, and necessary office supplies. No such equipment or supplies shall be used for personal business. The local director shall post on the front door of the office the schedule of hours of the work week in which he will be attending to emergency management matters. The citizens of a political subdivision shall have accessibility to the office of emergency management and the local director or his designee shall be available or on call at all times beyond working hours."
SECTION 9. Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service is amended by striking in its entirety Part 4, the "Georgia Emergency Telephone Number '911' Service Act of 1977," and inserting in lieu thereof the following:
"Part 4
46-5-120. This part shall be known and may be cited as the 'Georgia Emergency Telephone Number "911" 9-1-1 Service Act of 1977.'
46-5-121. (a) The General Assembly finds and declares that it is in the public interest to shorten the time required for a citizen to request and receive emergency aid. There currently exist numerous different emergency phone numbers throughout the state. Provision for a single, primary three-digit emergency number through which emergency services can be quickly and efficiently obtained would provide a significant contribution to law enforcement and other public service efforts by making it easier to notify public safety personnel. Such a simplified means of procuring emergency services will result in the saving of lives, a reduction in the destruction of property, and quicker apprehension of criminals. It is the intent of the General Assembly to establish and implement a cohesive state-wide emergency telephone number '911' 9-1-1 system which will provide citizens with rapid, direct access to public safety agencies by dialing telephone number '911' 9-1-1 with the objective of reducing the response time to situations requiring law enforcement, fire, medical, rescue, and other emergency services. (b) The General Assembly further finds and declares that the benefits of '911' 9-1-1 service should be widely available, regardless of whether a '911' 9-1-1 call is placed

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from a traditional landline telephone or from a wireless telephone. It is also in the public interest that users of wireless telephones should bear some of the cost of providing this life-saving service, as users of landline telephones currently do. It is the intent of the General Assembly to bring wireless telephone service within the scope of this part and to establish a means by which local public safety agencies may provide enhanced '911' 9-1-1 service to wireless telephone users.
46-5-122. As used in this part, the term:
(1) 'Addressing' means the assigning of a numerical address and street name (the name may be numerical) to each location within a local governments geographical area necessary to provide public safety service as determined by the local government. This address replaces any route and box number currently in place in the '911' 9-1-1 data base and facilitates quicker response by public safety agencies. (1.1)(2) 'Agency' means the Georgia Emergency Management Agency established pursuant to Code Section 38-3-20 unless the context clearly requires otherwise. (2)(3) 'Director' means the director of emergency management appointed pursuant to Code Section 38-3-20. (4) 'Cost recovery' means the mechanism by which service suppliers may recover the recurring and nonrecurring costs they expend on the implementation of wireless 9-1-1 services. (3)(5) 'Emergency "911" 9-1-1 system' means a local exchange telephone service or wireless service which facilitates the placing of calls by persons in need of emergency services to a public safety answering point by dialing the telephone number '911' 9-11 and under which calls to '911' 9-1-1 are answered by public safety answering points established and operated by the local government subscribing to the '911' 9-1-1 service. The term 'emergency "911" 9-1-1 system' also includes 'enhanced "911" 9-1-1 service,' which means an emergency telephone system that provides the caller with emergency '911' 9-1-1 system service and, in addition, directs '911' 9-1-1 calls to appropriate public safety answering points by selective routing based on the geographical location from which the call originated and provides the capability for automatic number identification and automatic location identification features. (6) 'Enhanced ZIP code' means a United States postal ZIP code of 9 or more digits. (4)(7) 'Exchange access facility' means the access from a particular telephone subscribers premises to the telephone system of a service supplier. Exchange access facilities include service supplier provided access lines, PBX trunks, and Centrex network access registers, all as defined by tariffs of the telephone companies as approved by the Georgia Public Service Commission. Exchange access facilities do not include service supplier owned and operated telephone pay station lines, Wide Area Telecommunications Services (WATS), Foreign Exchange (FX), or incoming only lines. (8) 'FIPS' means the Federal Information Processing Standard (FIPS) 55-3 or any future enhancement.

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(5)(9) 'Local government' means any city, county, military base, or political subdivision of Georgia and its agencies. (10) 'Mobile telecommunications service' means commercial mobile radio service, as such term is defined in 47 C.F.R. Section 20.3 as in effect on June 1, 1999, or as subsequently amended. (6)(11) '"911" 9-1-1 charge' means a contribution to the local government for the '911' 9-1-1 service start-up equipment costs, subscriber notification costs, addressing costs, billing costs, nonrecurring and recurring installation, maintenance, service, and network charges of a service supplier providing '911' 9-1-1 service pursuant to this part, and costs associated with the hiring, training, and compensating of dispatchers employed by the local government to operate said '911' 9-1-1 system at the public safety answering points. (12) 'Place of primary use' means the street address representative of where the customers use of the mobile telecommunications service primarily occurs, which must be the residential street address or the primary business street address of the customer. (7)(13) 'Public agency' means the state and any city, county, city and county, municipal corporation, chartered organization, public district, or public authority located in whole or in part within this state which provides or has authority to provide fire-fighting, law enforcement, ambulance, medical, or other emergency services. (8)(14) 'Public safety agency' means a functional division of a public agency which provides fire-fighting, law enforcement, emergency medical, suicide prevention, civil defense emergency management dispatching, poison control, drug prevention, child abuse, spouse abuse, or other emergency services. (8.1)(15) 'Public safety answering point' means the public safety agency which receives incoming '911' 9-1-1 telephone calls and dispatches appropriate public safety agencies to respond to such calls. (9)(16) 'Service supplier' means a person or entity who provides local exchange telephone service or wireless service to a telephone subscriber. (10)(17) 'Telephone subscriber' means a person or entity to whom local exchange telephone service or wireless service, either residential or commercial, is provided and in return for which the person or entity is billed on a monthly basis. When the same person, business, or organization has several telephone access lines, each exchange access facility shall constitute a separate subscription. When the same person, business, or organization has several wireless telephones, each wireless telecommunications connection shall constitute a separate connection. (11)(18) 'Wireless enhanced "911" 9-1-1 charge' means a contribution to the local government for the following:
(A) The costs to the local government of implementing or upgrading, and maintaining, an emergency '911' 9-1-1 system which is capable of receiving and utilizing the following information, as it relates to '911' 9-1-1 calls made from a wireless telecommunications connection: automatic number identification, the

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location of the base station or cell site which receives the '911' 9-1-1 call, and the location of the wireless telecommunications connection; (B) Nonrecurring and recurring installation, maintenance, service, and network charges of a wireless service supplier to provide the information described in subparagraph (A) of this paragraph; and (C) Other costs which may be paid with money from the Emergency Telephone System Fund, pursuant to subsection (e) of Code Section 46-5-134. (12)(19) 'Wireless service' means 'commercial mobile service' as defined under Section 332(D) of the federal Telecommunications Act of 1996 (47 U.S.C. Section 157, et seq.), regulations of the Federal Communications Commission, and the Omnibus Budget Reconciliation Act of 1993 (P.L. 103-66) and includes real-time, two-way interconnected voice service which is provided over networks which utilize intelligent switching capability and offer seamless handoff to customers. The term does not include one-way signaling service, data transmission service, nonlocal radio access line service, or a private telecommunications service. (13)(20) 'Wireless service supplier' means a provider of wireless service. (14)(21) 'Wireless telecommunications connection' means any mobile station for wireless service that connects a provider of wireless service to a provider of local exchange telephone service.
46-5-123. (a) For the purposes of the development and implementation of a plan for the statewide emergency telephone number '911' 9-1-1 system, there is created the '911' 9-1-1 Advisory Committee to be composed of the director of emergency management, who shall serve as chairperson; the commissioner of administrative services director of the Georgia Technology Authority or his or her designee; and ten other members appointed by the Governor, as follows:
(1) Three members appointed from nominees of the Georgia Municipal Association; (2) Three members appointed from nominees of the Association County Commissioners of Georgia; and (3) Four members who are experienced in and currently involved in the management of emergency telephone systems, at least one of whom shall be a representative of a wireless service supplier and one of whom shall be a representative of a land based service supplier. (b) When appointments are made, the associations making nominations pursuant to this Code section shall submit at least three times as many nominees as positions to be filled at that time by nominees of the association. (c) The appointed members of the committee shall serve at the pleasure of the Governor. Vacancies shall be filled in the same manner as the original appointment.
46-5-124. (a) The agency shall develop guidelines for implementing a state-wide emergency telephone number '911' 9-1-1 system. The guidelines shall provide for:

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(1) Steps of action necessary for public agencies to effect the necessary coordination, regulation, and development preliminary to a '911' 9-1-1 system that will incorporate the requirements of each public service agency in each local government of Georgia; (2) Identification of mutual aid agreements necessary to effect the '911' 9-1-1 system, including coordination on behalf of the State of Georgia with any federal agency to secure financial assistance or other desirable activities in connection with the receipt of funding that may be provided to communities for the planning, development, or implementation of the '911' 9-1-1 system; (3) The coordination necessary between local governments planning or developing a '911' 9-1-1 system and other state agencies, the Public Service Commission, all affected utility and telephone companies, wireless service suppliers, and other agencies; (4) The actions to establish emergency telephone communications necessary to meet the requirements for each local government, including law enforcement, fire-fighting, medical, suicide prevention, rescue, or other emergency services; and (5) The actions to be taken by a local government desiring to provide wireless enhanced '911' 9-1-1 service, including requirements contained in 47 Code of Federal Regulations Section 20.18. (b) The agency shall be responsible for encouraging and promoting the planning, development, and implementation of local '911' 9-1-1 system plans. The agency shall develop any necessary procedures to be followed by public agencies for implementing and coordinating such plans and shall mediate whenever disputes arise or agreements cannot be reached between the local political jurisdiction and other public agencies entities involving the '911' 9-1-1 system. (c) Subject to the approval of the Governor, the director shall be authorized to promulgate rules and regulations to establish minimum standards relating to training and equipment. Such training standards shall not be inconsistent with the training course or certification required for communications officers under Code Section 35-823. Notwithstanding any other law to the contrary, no communications officer hired to the staff of a '911' 9-1-1 communications center shall be required to complete his or her training pursuant to Code Section 35-8-23 prior to being hired or employed for such position. (d) The agency shall maintain the registry of wireless service suppliers provided for in Code Section 46-5-124.1.
46-5-124.1. (a) Any service provider doing business Any wireless service supplier that provides wireless service or is authorized to provide wireless service in Georgia shall register the following information with the director:
(1) The name, address, and telephone number of the representative of the wireless service supplier to whom the resolution adopted pursuant to Code Section 46-5-133 or other notification of intent to provide automatic number identification or automatic location identification, or both, of a wireless telecommunications connection should

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be submitted; (2) The name, address, and telephone number of the representative of the wireless service supplier with whom a local government must coordinate to implement automatic number identification or automatic location identification, or both, of a wireless telecommunications connection; (3) The counties in Georgia in which the wireless service supplier is authorized to provide wireless service at the time the filing is made; and (4) Every corporate name under which the wireless service supplier is authorized to provide wireless service in Georgia. (b) A wireless service supplier shall notify the director of any change to the information described in subsection (a) of this Code section within 30 days of such change. After the initial submission by each service supplier doing business in this state, the information required by subsection (a) of this Code section shall be updated and submitted to the director by the tenth day of January and the tenth day of July of each year or such other semiannual schedule as the director may establish. (c) The director shall send a notice of delinquency to any service provider which fails to comply with subsection (b) of this Code section. Such notice shall be sent by certified mail or statutory overnight delivery. Any service provider which fails to register and provide the information required by this Code section within 30 days after receipt of a notice of delinquency shall not be eligible to receive cost recovery funds as provided in subsection (e) of Code Section 46-5-134 until the service provider in compliance with subsection (b) of this Code section.
46-5-125 Nothing in this part shall be construed to prohibit or discourage the formation of multijurisdictional or regional '911' 9-1-1 systems; and any system established pursuant to this part may include the jurisdiction, or any portion thereof, of more than one public agency.
46-5-126. The agency shall coordinate its activities with those of the Public Service Commission, which shall encourage the Georgia telephone industry to activate facility modification plans for a timely '911' 9-1-1 implementation.
46-5-127. After January 1, 1978, no emergency telephone number '911' 9-1-1 system shall be established, and no existing system shall be expanded to provide wireless enhanced '911' 9-1-1 service, without written confirmation by the agency that the local plan conforms to the guidelines and procedures provided for in Code Section 46-5-124.
46-5-128. All public agencies shall assist the agency in its efforts to carry out the intent of this part; and such agencies shall comply with the guidelines developed pursuant to Code

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Section 46-5-124 by furnishing a resolution of intent regarding an emergency telephone number '911' 9-1-1 system.
46-5-129 The agency may develop a '911' 9-1-1 emblem which may be utilized on marked vehicles used by public safety agencies participating in a local '911' 9-1-1 system.
46-5-130 The agency is authorized to apply for and accept federal funding assistance in the development and implementation of a state-wide emergency telephone number '911' 91-1 system.
46-5-131 (a) Whether participating in a state-wide emergency '911' 9-1-1 system or an emergency '911' 9-1-1 system serving one or more local governments, neither the state nor any local government of the state nor any emergency '911' 9-1-1 system provider, its employees, directors, officers, and agents, except in cases of wanton and willful misconduct or bad faith, shall be liable for death or injury to the person or for damage to property as a result of either developing, adopting, establishing, participating in, implementing, maintaining, or carrying out duties involved in operating the '911' 9-1-1 emergency telephone system or in the identification of the telephone number, address, or name associated with any person accessing an emergency '911' 9-1-1 system. (b) No local government of the State of Georgia shall be required to release, indemnify, defend, or hold harmless any emergency '911' 9-1-1 system provider from any loss, claim, demand, suit, or other action or any liability whatsoever which arises out of subsection (a) of this Code section, unless the local government agrees or has agreed to assume such obligations.
46-5-132 It shall be unlawful for any wireless service supplier to assess or charge any fee for an emergency telephone call placed on a '911' 9-1-1 emergency telephone system. The prohibition provided for in this Code section shall only apply to actual emergency telephone calls made on such system and shall not apply to nor prohibit any fee assessed or charged for the implementation or enhancement of such system.
46-5-133. (a) Subject to the provisions of subsection (b) of this Code section, the governing authority of any local government which operates or which contracts for the operation of an emergency '911' 9-1-1 system is authorized to adopt a resolution to impose a monthly '911' 9-1-1 charge upon each exchange access facility subscribed to by telephone subscribers whose exchange access lines are in the areas served or which would be served by the '911' 9-1-1 service. Subject to the provisions of subsection (b) of this Code section and of subparagraphs (a)(2)(A) and (a)(2)(B) of Code Section 46-

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5-134, the governing authority of any local government which operates or contracts for the operation of an emergency '911' 9-1-1 system which is capable of providing or provides enhanced '911' 9-1-1 service to persons or entities with a wireless telecommunications connection, excluding a military base, is authorized to adopt a resolution to impose a monthly wireless enhanced '911' 9-1-1 charge upon each wireless telecommunications connection subscribed to by telephone subscribers whose billing address place of primary use 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' 9-1-1 system. Such resolution, or any amendment to such resolution, shall fix a date on which such resolution and the imposition and collection of the '911' 9-1-1 charge or wireless enhanced '911' 9-1-1 charge, as provided in the resolution, shall become effective; provided, however, that such effective date shall be at least 120 days following the date of the adoption of such resolution or any amendment to such resolution by the local government. The '911' 9-1-1 charge must be uniform, may not vary according to the type of exchange access facility used, and may be billed on a monthly or quarterly basis. The wireless enhanced '911' 9-1-1 charge must be uniform, not vary according to the type of wireless telecommunications connection used, and may be billed on a monthly or quarterly basis.
(b)(1) Except as provided in paragraph (2) of this subsection, no local government shall be authorized to exercise the power conferred by this Code section unless either:
(A) A majority of the voters residing in that political subdivision who vote in an election called for such purpose shall vote to authorize the implementation of this Code section. Such election shall be called and conducted as other special elections are called and conducted in such local government when requested by such local government authority. The question or questions on the ballot shall be as prescribed by the election superintendent, provided that separate questions may be posed regarding implementation of a '911' 9-1-1 charge and of a wireless enhanced '911' 91-1 charge; or (B) After a public hearing held upon not less than ten days public notice. (2) The provisions of paragraph (1) of this subsection shall not apply with respect to a local government if the governing authority of such local government has on or before March 7, 1988, contracted with a local exchange telephone service supplier for the purchase or operation, or both, of a local exchange telephone '911' 9-1-1 system. (c) On and after January 1, 1999, no monthly '911' 9-1-1 charge provided for in this Code section may be imposed or continue to be imposed unless each dispatch center funded in whole or in part from such charges is in compliance with Code Section 3660-19, relating to required TDD training for communications officers. 46-5-134. (a)(1) The subscriber of an exchange access facility may be billed for the monthly '911' 9-1-1 charge, if any, imposed with respect to that facility by the service supplier. Such '911' 9-1-1 charge may not exceed $1.50 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' 9-1-1 charge. Each service

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supplier shall, on behalf of the local government, collect the '911' 9-1-1 charge from those telephone subscribers to whom it provides exchange telephone service in the area served by the emergency '911' 9-1-1 system. As part of its normal billing process, the service supplier shall collect the '911' 9-1-1 charge for each month an exchange access facility is in service, and it shall list the '911' 9-1-1 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' 9-1-1 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' 9-11 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' 9-1-1 system may be billed for the monthly wireless enhanced '911' 9-1-1 charge, if any, imposed with respect to that connection by the wireless service supplier. Such wireless enhanced '911' 91-1 charge may not exceed the amount of the monthly '911' 9-1-1 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 nor exceed $1.00 per month per wireless telecommunications connection provided to the telephone subscriber. (B) If On and after October 1, 2001, if the governing authority of a local government operates or contracts for the operation of an emergency '911' 9-1-1 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 place of primary use 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' 9-1-1 system may be billed for the monthly wireless enhanced '911' 9-1-1 charge, if any, imposed with respect to that connection by the wireless service supplier. Such wireless enhanced '911' 9-1-1 charge may not exceed the amount of the monthly '911' 9-1-1 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. (C) All wireless telecommunications connections billed to federal, state, or local governments shall be exempt from the wireless enhanced '911' 9-1-1 charge. Each wireless service supplier shall, on behalf of the local government, collect the wireless enhanced '911' 9-1-1 charge from those telephone subscribers whose billing address place of primary use 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

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an emergency '911' 9-1-1 system. As part of its normal billing process, the wireless service supplier shall collect the wireless enhanced '911' 9-1-1 charge for each month a wireless telecommunications connection is in service, and it shall list the wireless enhanced '911' 9-1-1 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' 9-1-1 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. (b) Every telephone subscriber in the area served by the emergency '911' 9-1-1 system shall be liable for the '911' 9-1-1 and the wireless enhanced '911' 9-1-1 charges imposed under this Code section until it has been paid to the service supplier. A service supplier shall have no obligation to take any legal action to enforce the collection of the '911' 91-1 or wireless enhanced '911' 9-1-1 charge. The service supplier shall provide the governing authority within 60 days with the name and address of each subscriber who has refused to pay the '911' 9-1-1 or wireless enhanced '911' 9-1-1 charge after such '911' 9-1-1 or wireless enhanced '911' 9-1-1 charge has become due. A collection action may be initiated by the local government that imposed the charges, and reasonable costs and attorneys fees associated with that collection action may be awarded to the local government collecting the '911' 9-1-1 or wireless enhanced '911' 9-1-1 charge. (c) The local government contracting for the operation of an emergency '911' 9-1-1 system shall remain ultimately responsible to the service supplier for all emergency '911' 9-1-1 system installation, service, equipment, operation, and maintenance charges owed to the service supplier. Any taxes due on emergency '911' 9-1-1 system service provided by the service supplier will be billed to the local government subscribing to the service. State and local taxes do not apply to the '911' 9-1-1 or wireless enhanced '911' 9-1-1 charge billed to telephone subscribers under this Code section. (d)(1) Each service supplier that collects '911' 9-1-1 or wireless enhanced '911' 9-1-1 charges on behalf of the local government is entitled to retain as an administrative fee an amount equal to 3 percent of the gross '911' 9-1-1 or wireless enhanced '911' 9-1-1 charge receipts to be remitted to the local government; provided, however, that such amount shall not exceed 3 for every dollar so remitted. The remaining amount shall be due quarterly to the local government and shall be remitted to it no later than 60 days after the close of a calendar quarter. (2) The '911' 9-1-1 and the wireless enhanced '911' 9-1-1 charges collected by the service supplier shall be deposited and accounted for in a separate restricted revenue fund known as the Emergency Telephone System Fund maintained by the local government. The local government may invest the money in the fund in the same manner that other moneys of the local government may be invested and any income earned from such investment shall be deposited into the Emergency Telephone System Fund.

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(2)(A) Before July 1, 2002, 30 of the monthly wireless enhanced '911' charge imposed pursuant to subparagraph (a)(2)(A) of this Code section shall be deposited in a separate restricted reserve account of the Emergency Telephone System Fund, which shall be designated as the Wireless Phase I Reserve Account. Money from the Wireless Phase I Reserve Account shall be used only to pay the nonrecurring and recurring installation, maintenance, service, and network charges of a wireless service supplier which are associated with providing 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; provided, however, that if the local government has not, by July 1, 2002, begun operation or contracted for the operation of an emergency '911' system which is capable of providing or provides automatic location identification of a wireless telecommunications connection, the funds in the Wireless Phase I Reserve Account on July 1, 2002, shall be transferred into an appropriate unrestricted account or accounts of the Emergency Telephone System Fund and may be used for any purpose authorized under subsection (e) of this Code section. No wireless enhanced '911' charge may be imposed pursuant to subparagraph (a)(2)(B) of this Code section for a period of 24 months following the transfer of funds from the Wireless Phase I Reserve Account pursuant to this subparagraph. On and after July 1, 2002, 15 of the monthly wireless enhanced '911' charge imposed pursuant to subparagraph (a)(2)(A) of this Code section shall be deposited in the Wireless Phase I Reserve Account. (B) Thirty cents of the monthly wireless enhanced '911' charge imposed pursuant to subparagraph (a)(2)(B) of this Code section shall be deposited in a separate restricted reserve account of the Emergency Telephone System Fund, which shall be designated as the Wireless Phase II Reserve Account. Money from the Wireless Phase II Reserve Account shall be used only to pay the nonrecurring and recurring installation, maintenance, service, and network charges of a wireless service supplier which are associated with providing automatic number identification and automatic location identification of a wireless telecommunications connection. Any funds which are in the Wireless Phase I Reserve Account at the time when the wireless enhanced '911' charge is first imposed pursuant to subparagraph (a)(2)(B) of this Code section shall be transferred to the Wireless Phase II Reserve Account. (3) The governing authority of a local government operating or contracting for the operation of an emergency '911' system shall, by resolution, reaffirm the necessity for the '911' and the wireless enhanced '911' charges beginning with the thirteenth month following the month in which emergency '911' system service is first provided in the political subdivision and during such month annually thereafter. On or before July 1, 2005, any funds that may have been deposited in a separate restricted wireless reserve account required by this Code section prior to such date shall be transferred to the Emergency Telephone System Fund required by paragraph (2) of this subsection. (4) The local government may on an annual basis, and at its expense, audit or cause to be audited the books and records of service suppliers with respect to the collection

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and remittance of 9-1-1 charges. (4)(5) Such monthly '911' 9-1-1 and wireless enhanced '911' 9-1-1 charges may be reduced at any time by the governing authority by resolution; provided, however, that the said governing authority shall be required to reduce such monthly '911' 9-1-1 or wireless enhanced '911' 9-1-1 charge at any time the projected revenues from '911' 91-1 or wireless enhanced '911' 9-1-1 charges will cause the unexpended revenues in the Emergency Telephone System Fund at the end of the fiscal year to exceed by one and one-half times the unexpended revenues in such fund at the end of the immediately preceding fiscal year or at any time the unexpended revenues in such fund at the end of the fiscal year exceed by one and one-half times the unexpended revenues in such fund at the end of the immediately preceding fiscal year. Such reduction in the '911' 9-1-1 or wireless enhanced '911' 9-1-1 charge shall be in an amount which will avert the accumulation of revenues in such fund at the end of the fiscal year which will exceed by one and one-half times the amount of revenues in the fund at the end of the immediately preceding fiscal year. Funds in the Wireless Phase I Reserve Account and the Wireless Phase II Account shall not be considered in making the calculations described in this paragraph. (e) A wireless service supplier may recover its costs expended on the implementation and provision of wireless enhanced 9-1-1 services to subscribers in an amount not to exceed 30 of each 9-1-1 charge collected from a place of primary use that is within the geographic area that is served by the local government or would be served by the local government for the purpose of such emergency 9-1-1 system. Such cost recovery amount shall be based on the actual cost incurred by the wireless service supplier in providing wireless enhanced 9-1-1 services. Disputes arising from the collection of such cost recovery fees shall be heard by the 9-1-1 Advisory Committee as provided in Code Section 46-5-124 and as further provided in subsection (d) of Code Section 46-5123. The method for filing a notice of a dispute concerning the collection of the cost recovery fees shall be determined by the 9-1-1 Advisory Committee. (f) In addition to cost recovery as provided in subsection (e) of this Code section, money Money from the Emergency Telephone System Fund shall be used only to pay for: (1) The lease, purchase, or maintenance of emergency telephone equipment, including necessary computer hardware, software, and data base provisioning; addressing; and nonrecurring costs of establishing a '911' 9-1-1 system; (2) The rates associated with the service suppliers '911' 9-1-1 service and other service suppliers recurring charges; (3) The actual cost of salaries, including benefits, of employees hired by the local government solely for the operation and maintenance of the emergency '911' 9-1-1 system and the actual cost of training such of those employees who work as dispatchers; (4) Office supplies of the public safety answering points used directly in providing emergency '911' 9-1-1 system services;

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(5) The cost of leasing or purchasing a building used as a public safety answering point. Moneys from the fund cannot be used for the construction or lease of an emergency '911' 9-1-1 system building until the local government has completed its street addressing plan; (6) The lease, purchase, or maintenance of computer hardware and software used at a public safety answering point, including computer-assisted dispatch systems; (7) Supplies directly related to providing emergency '911' 9-1-1 system services, including the cost of printing emergency '911' 9-1-1 public education materials; and (8) The lease, purchase, or maintenance of logging recorders used at a public safety answering point to record telephone and radio traffic. (g) All 9-1-1 and communication systems provided pursuant to this part shall conform to the two-step state plan governing 9-1-1 enhanced communications as follows: (1) In step one, the governing authority of a local government shall operate or contract for the operation of an emergency 9-1-1 system that provides or is capable of providing automatic number identification of a wireless telecommunications connection and the location of the base station or cell site which received a 9-1-1 call from a wireless telecommunications connection; and (2) In step two, the governing authority of a local government shall operate or contract for the operation of an emergency 9-1-1 system that provides or is capable of providing automatic number identification and automatic location of a wireless telecommunications connection. (f)(h) The local government may contract with a service supplier for any term negotiated by the service supplier and the local government for an emergency '911' 9-11 system and may make payments from the Emergency Telephone System Fund to provide any payments required by the contract, subject to the limitations provided by subsection (e) of this Code section. (g)(i) The service supplier shall maintain records of the amount of the '911' 9-1-1 and wireless enhanced '911' 9-1-1 charges collected for a period of at least three years from the date of collection. The local government may, at its expense, require an annual audit of the service suppliers books and records with respect to the collection and remittance of the '911' 9-1-1 and wireless enhanced '911' 9-1-1 charges. (h)(j) In order to provide additional funding for the local government for emergency '911' 9-1-1 system purposes, the local government may receive federal, state, municipal, or private funds which shall be expended for the purposes of this part. (i)(k) Subject to the provisions of Code Section 46-5-133, a telephone subscriber may be billed for the monthly '911' 9-1-1 or wireless enhanced '911' 9-1-1 charge for up to 18 months in advance of the date on which the '911' 9-1-1 service becomes fully operational. (j)(l) In the event the local government is a federal military base providing emergency services to local exchange telephone subscribers residing on the base, a local exchange telephone service supplier is authorized to apply the '911' 9-1-1 charges collected to the bill for '911' 9-1-1 service rather than remit the funds to an Emergency Telephone System Fund.

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(m)(1) Any local government collecting or expending any 9-1-1 charges or wireless enhanced 9-1-1 charges in any fiscal year beginning on or after July 1, 2005, shall file an annual report of its collections and expenditures in conjunction with the annual audit required under Code Section 36-81-7. The form shall be designed by the state auditor and shall be distributed to local governments administering such funds. The annual report shall require certification by the recipient local government and by the local government auditor that funds were expended in compliance with the expenditure requirements of this Code section. (2) Any local government which makes expenditures not in compliance with this Code section may be held liable for pro rata reimbursement to telephone and wireless telecommunications subscribers of amounts improperly expended. Such liability may be established in judicial proceedings by any aggrieved party. The noncompliant local government shall be solely responsible for effectuating the reimbursement. Such responsibility shall include, but is not limited to, responsibility for any costs associated with the reimbursement.
46-5-134.1. (a) This Code section shall apply in counties where the governing authorities of more than one local government have adopted a resolution to impose a wireless enhanced '911' 9-1-1 charge in accordance with the provisions of subsection (a) of Code Section 46-5-133 and notwithstanding any contrary provision of Code Section 46-5-133 or 465-134. (b) A wireless service supplier may certify to any of the governing authorities described in subsection (a) of this Code section that the wireless service supplier is unable to determine whether the billing addresses of its subscribers are within the geographic area that is served by such local government. Upon such certification, the wireless service supplier shall be authorized to collect the wireless enhanced '911' 9-1-1 charge from any of its subscribers whose billing address is within the county and is within an area that is as close as reasonably possible to the geographic area that is served by such local government. The wireless service supplier shall notify such subscribers that if such subscribers billing address is not within the geographic area served by such local government, such subscriber is not obligated to pay the wireless enhanced '911' 9-1-1 charge. (c) Unless otherwise provided in an agreement among the governing authorities described in subsection (a) of this Code section, the charges collected by a wireless service supplier pursuant to this Code section shall be remitted to such governing authorities based upon the number of calls from wireless telecommunications connections that each such individual local government receives and counts relative to the total number of calls from wireless telecommunications connections that are received and counted by all of such local governments. (d) The authority granted to a wireless service supplier pursuant to this Code section shall terminate (1) on the date that the wireless service supplier certifies to a governing authority described in subsection (a) of this Code section that the wireless service

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supplier is able to determine whether the billing addresses of its subscribers are within the geographic area that is served by such governing authority or (2) on the date which is 180 days from the date that any of its subscribers were first billed under this Code section, whichever is earlier. Upon termination of such authority, the wireless service supplier shall collect the wireless enhanced '911' 9-1-1 charge as provided in Code Section 46-5-134.
46-5-135. A service supplier, including any telephone company and its employees, directors, officers, and agents, is not liable for any damages in a civil action for injuries, death, or loss to persons or property incurred by any person as a result of any act or omission of a service supplier or any of its employees, directors, officers, or agents, except for willful or wanton misconduct, either in connection with developing, adopting, implementing, maintaining, or operating any emergency '911' 9-1-1 system or in the identification of the telephone number, address, or name associated with any person accessing an emergency '911' 9-1-1 system.
46-5-136. (a) The governing authority of a local government by resolution shall create an advisory board consisting of the sheriff, representatives from other public safety agencies which respond to emergency calls under the system, and other individuals knowledgeable of emergency '911' 9-1-1 systems and the emergency needs of the citizens of the local government, provided that such advisory board shall not exceed 13 members. (b) The advisory board shall assist the local government in:
(1) Reviewing and analyzing the progress by public safety agencies in developing '911' 9-1-1 system requirements; (2) Recommending steps of action to effect the necessary coordination, regulation, and development of a '911' 9-1-1 system; (3) Identifying mutual aid agreements necessary to effect the '911' 9-1-1 system; (4) Assisting in the promulgation of necessary rules, regulations, operating procedures, schedules, and other such policy and administrative devices as shall be deemed necessary and appropriate; and (5) Providing other services as may be deemed appropriate by the local government. (c) The members of the advisory board shall not be compensated from moneys deposited into the Emergency Telephone System Fund.
46-5-137. This part shall not be construed as affecting the jurisdiction or powers of the Public Service Commission to establish rates, charges, or tariffs.
46-5-138.

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(a)(1) By proper resolution of the local governing bodies, an authority may be created and activated by:
(A) Any two or more municipal corporations; (B) Any two or more counties; or (C) One or more municipal corporations and one or more counties. (2) The resolutions creating and activating a joint authority shall specify the number of members of the authority, the number to be appointed by each participating county or municipal corporation, their terms of office, and their residency requirements. (3) The resolutions creating and activating joint authorities may be amended by appropriate concurrent resolutions of the participating governing bodies. (b) The public authority shall be authorized to contract with the counties or municipalities which formed the authority to operate an emergency '911' 9-1-1 system for such local governments throughout the corporate boundaries of such local governments. Pursuant to such contracts, the local governments shall be authorized to provide funding to the authority from the Emergency Telephone System Fund, including the Wireless Phase I and Phase II Reserve Accounts, maintained by each local government. No authority shall be formed until each local government forming the authority has imposed a monthly '911' 9-1-1 charge or a monthly wireless enhanced '911' 9-1-1 charge. (c) Each authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this part, including, but without limiting the generality of the foregoing, the power: (1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To make and execute contracts and other instruments necessary to exercise the powers of the authority; (4) To receive and administer gifts, grants, and devises of any property; (5) To operate emergency call answering services for law enforcement, emergency management, fire, and emergency medical service agencies 24 hours a day, seven days a week, 365 days a year; (6) To acquire, by purchase, gift, or construction, any real or personal property desired to be acquired to operate the emergency '911' 9-1-1 system; (7) To sell, lease, exchange, transfer, assign, pledge, mortgage, dispose of, or grant options for any real or personal property or interest therein for any such purposes; and (8) To mortgage, convey, pledge, or assign any properties, revenues, income, tolls, charges, or fees owned or received by the authority. (d) The authority shall elect a chairperson and such other officers as deemed necessary by the authority. The authority shall select a director who shall be responsible for establishing operating standards and procedures and overseeing the operations of the emergency '911' 9-1-1 system. The director may be an employee working in the operation of the emergency '911' 9-1-1 system. The authority shall be responsible for hiring, training, supervising, and disciplining employees working in the operation of the emergency '911' 9-1-1 system. An appropriate number of full-time and part-time

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employees shall be hired to operate the emergency '911' 9-1-1 system. The authority shall determine the compensation of such employees and shall be authorized to provide other employee benefits. The authority shall submit its annual budget and a report of its financial records to the local governments which created the authority. (e) The authority may contract with a service supplier in the same manner that local governments are so authorized under the provisions of this part. (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' 9-1-1 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' 9-1-1 charge for an additional period of 18 months or until the '911' 9-1-1 service becomes fully operational, whichever occurs first.
46-5-138.1. (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' 9-1-1 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' 9-1-1 system for the first time after May 1, 1998, such local governments may impose a monthly '911' 9-1-1 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' 9-1-1 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' 9-1-1 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' 9-1-1 system in paragraph (1) of this subsection exceeds the estimated revenue from imposition of the '911' 9-1-1 charge specified in paragraph (2) of this subsection, the monthly '911' 9-1-1 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' 9-1-1 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

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service provider shall continue to collect the monthly '911' 9-1-1 charge for an additional period of 18 months or until the '911' 9-1-1 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' 9-1-1 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' 91-1 charges on exchange access facilities shall apply to charges imposed pursuant to this subsection. (b) The increased monthly '911' 9-1-1 charge authorized by subsection (a) of this Code section shall also be available to any joint '911' 9-1-1 authority created pursuant to Code Section 46-5-138 after May 1, 1998.
46-5-139. Following the conclusion of the 2002 session of the General Assembly, the President of the Senate and the Speaker of the House of Representatives shall each appoint no fewer than three members of their respective bodies to serve as members of the Joint Study Committee on Wireless Enhanced '911' Charges. Such joint study committee shall make any recommendations it considers appropriate to the General Assembly no later than December 31, 2002. The General Assembly may implement the provisions of this Code section by appropriate resolution."
SECTION 10. Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to sales and use tax, is amended by striking in its entirety Code Section 48-8-13, relating to taxing jurisdictions for mobile telecommunications services, and inserting in lieu thereof the following:
"48-8-13. (a) For purposes of this Code section, the terms and corresponding definitions set forth in 4 U.S.C. Section 124 shall apply. In addition, as used in this Code section, the term:
(1) 'Enhanced ZIP code' means a United States postal ZIP code of 9 or more digits. (2) 'Fee' shall include, without limitation, any emergency 9-1-1 charge imposed pursuant to Part 4 of Article 2 of Chapter 5 of Title 46. (3) 'FIPS' means the Federal Information Processing Standard (FIPS) 55-3 or any future enhancement. (4) 'Home service provider' means the facilities based carrier or reseller with which the customer contracts for the provision of mobile telecommunications services. (5) 'Mobile telecommunications service' means commercial mobile radio service, as such term is defined in 47 C.F.R. Section 20.3 as in effect on June 1, 1999, or as subsequently amended. (6) 'Place of primary use' means the street address representative of where the customers use of the mobile telecommunications service primarily occurs, which

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must be the residential street address or the primary business street address of the customer, identified by an enhanced ZIP code and FIPS code. (7) 'Taxing jurisdiction' means the state or any municipality or county. (b) Subject to the provisions of 4 U.S.C. Section 116(c), the tax levied by this chapter shall apply only to those charges for mobile telecommunications services subject to tax that are deemed to be provided to a customer by a home service provider pursuant to 4 U.S.C. Section 117(a) if the customers place of primary use is located within this state, regardless of where the mobile telecommunications services originate, terminate, or pass through. (c) If a customer believes that an amount of tax, charge, or fee or an assignment of place of primary use or taxing jurisdiction included on a bill under the provisions of this Code section is erroneous, the customer shall notify the home service provider in writing as provided in subsection (g) of this Code section. The customer shall include in this written notification the street address for the customers place of primary use, the account name and number for which the customer seeks a correction, a description of the error asserted by the customer, and any other information that the home service provider reasonably requires to process the request. Within 60 days of receiving a notice under this subsection, the home service provider shall review its records to determine the customers taxing jurisdiction. If this review shows that the amount of tax, charge, or fee or assignment of place of primary use or taxing jurisdiction is in error, the home service provider shall correct the error and refund or credit the amount of tax, charge, or fee erroneously collected from the customer for a period of up to two years. If this review shows that the amount of tax, charge, or fee or assignment of place of primary use or taxing jurisdiction is correct, the home service provider shall provide a written explanation to the customer. The procedures in this subsection shall be the first course of remedy available to customers seeking correction of assignment of place of primary use or taxing jurisdiction or a refund of or other compensation for taxes, charges, or fees erroneously collected by the home service provider, and no cause of action based upon a dispute arising from such taxes, charges, or fees shall accrue until a customer has exhausted the remedies set forth in this subsection. (d)(1) If a mobile telecommunications service is not subject to the tax levied by this chapter, and if the amount charged for such mobile telecommunications service is aggregated with and not separately stated from the amount paid or charged for any service that is subject to such tax, then the nontaxable mobile telecommunications service shall be treated as being subject to such tax unless the home service provider can reasonably identify the amount paid or charged for the mobile telecommunications service not subject to such tax from its books and records kept in the regular course of business. (2) If a mobile telecommunications service is not subject to the tax levied by this chapter, a customer may not rely upon the nontaxability of such mobile telecommunications service unless the customers home service provider separately states the amount charged for such nontaxable mobile telecommunications service or the home service provider elects, after receiving a written request from the customer

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in the form required by the provider, to provide verifiable data based upon the home service providers books and records that are kept in the regular course of business that reasonably identify the amount charged for such nontaxable mobile telecommunications service. (e)(1) A mobile telecommunications services provider who is obligated to remit or pay the tax levied by this chapter shall be held harmless from any liability, including tax, interest, and penalties, which would otherwise be due solely as a result of an assignment of a place of primary use to an incorrect jurisdiction, if the mobile telecommunications services provider satisfies the requirements of 4 U.S.C. Section 120(a).
(2)(A) The department may elect to provide an electronic data base that satisfies the requirements of 4 U.S.C. Section 119. If the department provides such data base, a home service provider using the data contained in such data base shall be held harmless from any liability, including tax, interest, and penalties, which would otherwise be due solely as a result of an assignment of a place of primary use to an incorrect local jurisdiction. (B) Paragraph (1) of this subsection shall apply to a home service provider who is in compliance with the terms of such paragraph until the later of:
(i) Eighteen months after the approval described in 4 U.S.C. Section 119(a); or (ii) Six months after the department provides an electronic data base that satisfies the requirements of 4 U.S.C. Section 119. (3) A home service provider shall be responsible for obtaining and maintaining the customers place of primary use. Subject to paragraph (5) of this subsection, if the home service providers reliance on information provided by its customer is in good faith: (A) The home service provider shall be entitled to rely on the applicable residential or business street address supplied by such customer; and (B) The home service provider shall be held harmless from liability for any additional tax, including any related interest or penalties, which is based on a different determination of such customers place of primary use. (4) Except as provided in paragraph (5) of this subsection, a home service provider shall be allowed to treat the address used for purposes of the tax levied by this chapter for any customer under a service contract in effect on August 1, 2002, as that customers place of primary use for the remaining term of such service contract or agreement, excluding any extension or renewal of such service contract or agreement. (5)(A) If the department determines that the address used by a home service provider as a customers place of primary use does not meet the definition of 'place of primary use,' the department shall notify such customer of such determination and provide such customer an opportunity to demonstrate that such address satisfies such definition. (B) If the customer fails to demonstrate that the address meets the definition of such customers place of primary use, the department shall provide the home service provider with the proper address to be used as such customers place of primary use,

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and the home service provider shall begin using the address provided by the department as such customers place of primary use in the next full billing period. (6)(A) If the department determines that the assignment of a taxing jurisdiction by a home service provider does not reflect the correct taxing jurisdiction, the department shall notify the home service provider of such determination and provide such home service provider an opportunity to demonstrate that the assignment represents the correct taxing jurisdiction. (B) If the home service provider fails to demonstrate that the assignment reflects the correct taxing jurisdiction, the department shall provide the home service provider with the correct taxing jurisdiction to be used, and the home service provider shall begin using the taxing jurisdiction provided by the department in the next full billing period. (f) A home service provider shall identify each customers place of primary use and shall provide at least quarterly a complete listing of the total number of customers to the Georgia Emergency Management Agency. Further, each home service provider shall, upon request, provide information showing the total number of billings and the amount of fees collected to any taxing jurisdiction as to the customers whose place of primary use is within the jurisdiction of such taxing jurisdiction; provided, however, that in no event shall customer identification be required to be released. Such information shall initially be made available not later than July 1, 2006. (g) A home service provider shall clearly state on each customer bill or invoice the following information: (1) The taxing jurisdiction to which each tax and fee charged to the customer is paid and the amount paid to each taxing jurisdiction; and (2) An address, telephone number, or electronic method for the customer to send the notification required by subsection (c) of this Code section or otherwise."
SECTION 11. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure not required and disclosure of exempting legal authority, is amended by striking in its entirety paragraph (16) of subsection (a) and inserting in lieu thereof the following:
"(16) Unless the request is made by the accused in a criminal case or by his or her attorney, public records of an emergency '911' 9-1-1 system, as defined in paragraph (3) of Code Section 46-5-122, containing information which would reveal the name, address, or telephone number of a person placing a call to a public safety answering point, which information may be redacted from such records if necessary to prevent the disclosure of the identity of a confidential source, to prevent disclosure of material which would endanger the life or physical safety of any person or persons, or to prevent the disclosure of the existence of a confidential surveillance or investigation; or"
SECTION 12.

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

The following amendment was read and adopted:

Representatives Lucas 139th and Lunsford of the 110th move to amend the Committee substitute to HB 470 by striking lines 25 through 31 of page 19 and inserting in lieu thereof the following:

"(2) Any local government which makes expenditures not in compliance with this Code section may be held liable for pro rata reimbursement to telephone and wireless telecommunications subscribers of amounts improperly expended. Such liability may be established in judicial proceedings by any aggrieved party. The noncompliant local government shall be solely financially responsible for the reimbursement and for any costs associated with the reimbursement. Such reimbursement shall be accomplished by the service providers abating the imposition of the 9-1-1 charges and 9-1-1 wireless enhanced charges until such abatement equals the total amount of the rebate."

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:

Abdul-Salaam Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns

Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes
Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger E Golick

Y Holmes Y Holt Y Horne E Houston Y Howard E Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson
Jones, J Y Jones, S
Jordan Y Keen Y Keown
Kidd Y Knight Y Knox Y Lakly

Y Maxwell Y May
McCall Y McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver
O'Neal Y Orrock E Parham E Parrish Y Parsons

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M

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Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman, B Y Coleman, T Y Cooper Y Cox

Y Graves, D Y Graves, T E Greene Y Hanner
Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A

Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts
Rogers Y Royal Y Rynders

Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, 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.

Representatives Kidd of the 115th and Sheldon of the 105th 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 662. By Representatives Hanner of the 148th and Shaw of the 176th:

A BILL to be entitled an Act to amend Code Section 27-2-23 of the Official Code of Georgia Annotated, relating to game and fish license, permit, tag, and stamp fees, so as to establish a three-day nonresident big game license and the fee therefor; 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 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, and fishing licenses, so as to change certain provisions relating to game and fish license, permit, tag, and stamp fees; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, and fishing licenses, is amended by striking Code Section 27-2-23,

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relating to game and fish license, permit, tag, and stamp fees, and inserting in lieu thereof the following:
"27-2-23. Fees for licenses, permits, tags, and stamps required by this title shall be as follows:
(1) Hunting licenses:

(A) Resident hunting license

Annual

$ 10.00

(B) Nonresident hunting license

Annual

59.00 75.00

(C) Nonresident three-day hunting license

Seven-day Three-day

25.00 30.00

(D) Hunting license, valid for residents

and nonresidents Resident one-day hunting One-day

5.50

license

(D.1) Nonresident one-day hunting license

One-day

12.00

(E) Resident big game license

Annual

9.00

(F) Nonresident big game license

Annual

118.00 135.00

(F.1) Nonresident three-day big game license Three-day

50.00

(G) Nonresident shooting preserve hunting license

Season

12.00

(H) Commercial fox hunting preserve license Season

60.00

(I) Commercial fox breeder license

Season

60.00

(J) Waterfowl license valid for residents

and nonresidents

Annual

5.50

(K) Georgia migratory bird license

Annual

Free

(L) Resident primitive weapons license

Annual

8.00

(M) Nonresident primitive weapons license Annual

25.00

(2) Resident hunting/fishing license

Annual

17.00

(3) Resident sportsmans license

Annual

60.00

(4) Recreational fishing licenses:

(A) Resident fishing license

Annual

9.00

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(B) Nonresident fishing license (C) Nonresident fishing license (D) Fishing license, valid for residents and nonresidents (E) Resident trout license (F) Nonresident trout license (5) Trapping licenses: (A) Resident commercial trapping license (B) Nonresident commercial trapping license (6) Commercial fishing licenses: (A) Resident commercial fishing license (B) Nonresident commercial fishing license (C) Resident commercial crabbing license (D) Nonresident commercial crabbing license (7) Fur, hide, and pelt licenses: (A) Resident fur dealer license (B) Nonresident fur dealer license (C) Fur dealers agent license (8) Miscellaneous licenses and permits: (A) Retail fish dealer license (B) Wholesale fish dealer license (C) Resident game-holding permit (D) Commercial quail breeder permit (E) Scientific collecting permit (F) Wildlife exhibition permit (G) Commercial shooting preserve license (H) Private shooting preserve license

Annual Seven-day
One-day Annual Annual
Annual Annual
Season Season Season Season
Annual Annual Annual
Annual Annual Annual Annual Annual Annual Annual Annual

24.00 7.00
3.50 5.00 13.00
30.00 295.00
12.00 118.00 12.00 118.00
295.00 415.00 180.00
10.00 59.00 5.00 30.00 50.00 59.00 150.00 75.00

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2189

(I) Blanket commercial shooting preserve license

Annual

500.00

(J) Commercial fish hatchery license

Annual

59.00

(K) Catch-out pond license

Annual

236.00

(L) Soft-shell crab dealer license

Annual

10.00

(M) Resident taxidermist license

Three-year

150.00

(N) Nonresident taxidermist license

Three-year

500.00

(O) Falconry permit

Three-year

30.00

(P) Commercial alligator farming license

Annual

50.00

(Q) Alligator hunting license

Annual

50.00

(R) Wild animal license

Annual

236.00

(S) Wild animal auction license

Seven-day

5,000.00

(T) Resident bait dealer license

Season

25.00

(U) Nonresident bait dealer license

Season

150.00

(9) The board is authorized to provide by rule for a fee not to exceed $19.00 for

resident daily, seasonal, or annual use permits, licenses, or stamps to hunt and fish on

or otherwise use specially designated streams, lakes, or wildlife management areas or

a fee not to exceed $73.00 for nonresident permits, licenses, or stamps issued under this paragraph."

SECTION 2. Said article is further amended by striking Code Section 27-2-23, relating to game and fish license, permit, tag, and stamp fees, and inserting in lieu thereof the following:
"27-2-23. Fees for licenses, permits, tags, and stamps required by this title shall be as follows:

(1) Hunting licenses: (A) Resident hunting license

Annual

$8.50

(B) Nonresident hunting license

Annual

50.00 75.00

(C) Nonresident three-day hunting license

Seven-day Three-day

21.00 30.00

(D) Hunting license, valid for residents

and nonresidents Resident one-day hunting One-day

5.50

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license (D.1) Nonresident one-day hunting license (E) Resident big game license (F) Nonresident big game license

One-day Annual Annual

(F.1) Nonresident three-day big game license (G) Nonresident shooting preserve hunting license (H) Commercial fox hunting preserve license (I) Commercial fox breeder license (J) Waterfowl license valid for residents and nonresidents (K) Georgia migratory bird license (L) Resident primitive weapons license (M) Nonresident primitive weapons license (2) Resident hunting/fishing license (3) Resident sportsmans license (4) Recreational fishing licenses: (A) Resident fishing license (B) Nonresident fishing license (C) Nonresident fishing license (D) Fishing license, valid for residents and nonresidents (E) Resident trout license (F) Nonresident trout license (5) Trapping licenses: (A) Resident commercial trapping license (B) Nonresident commercial trapping license

Three-day
Season Season Season
Annual Annual Annual Annual Annual Annual
Annual Annual Seven-day
One-day Annual Annual
Annual Annual

12.00 7.50 100.00 135.00 50.00
10.00 50.00 50.00
5.50 Free 8.00 25.00 15.50 60.00
7.50 20.00 7.00
3.50 3.50 10.50
25.00 250.00

FRIDAY, MARCH 11, 2005

(6) Commercial fishing licenses: (A) Resident commercial fishing license (B) Nonresident commercial fishing license (C) Resident commercial crabbing license (D) Nonresident commercial crabbing license
(7) Fur, hide, and pelt licenses: (A) Resident fur dealer license (B) Nonresident fur dealer license (C) Fur dealers agent license
(8) Miscellaneous licenses and permits: (A) Retail fish dealer license (B) Wholesale fish dealer license (C) Resident game-holding permit (D) Commercial quail breeder permit (E) Scientific collecting permit (F) Wildlife exhibition permit (G) Commercial shooting preserve license (H) Private shooting preserve license (I) Blanket commercial shooting preserve license (J) Commercial fish hatchery license (K) Catch-out pond license (L) Soft-shell crab dealer license (M) Resident taxidermist license (N) Nonresident taxidermist license (O) Falconry permit (P) Commercial alligator farming license

Season Season Season Season
Annual Annual Annual
Annual Annual Annual Annual Annual Annual Annual Annual
Annual Annual Annual Annual Three-year Three-year Three-year Annual

2191
10.00 100.25 12.00 118.00
250.00 350.00 150.00
5.00 50.00 2.50 25.00
5.00 50.00 25.00 10.00
500.00 50.00 200.00 10.00 150.00 500.00 30.00 25.00

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(Q) Alligator hunting license

Annual

50.00

(R) Wild animal license

Annual

200.00

(S) Wild animal auction license

Seven-day

5,000.00

(T) Resident bait dealer license

Season

25.00

(U) Nonresident bait dealer license

Season

150.00

(9) The board is authorized to provide by rule for a fee not to exceed $15.60 for resident daily, seasonal, or annual use permits, licenses, or stamps to hunt and fish on or otherwise use specially designated streams, lakes, or wildlife management areas or a fee not to exceed $61.25 for nonresident permits, licenses, or stamps issued under

this paragraph."

SECTION 3. This Act shall become effective on July 1, 2005; except that Section 2 of this Act shall become effective on March 31, 2012.

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:

Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown
Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter

Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes
Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Freeman Y Gardner

Y Holmes Y Holt Y Horne E Houston Y Howard E Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight

Y Maxwell N May
McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford
Murphy, J Y Murphy, Q Y Neal Y Oliver
O'Neal Y Orrock E Parham

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton

FRIDAY, MARCH 11, 2005

2193

Y Burmeister Y Burns
Butler Y Byrd Y Carter Y Casas N Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper
Cox

Y Geisinger E Golick Y Graves, D N Graves, T E Greene Y Hanner
Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord N Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

E Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Teilhet Y Thomas, A.M E Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 144, nays 4.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Knox of the 24th 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 420. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 129th, Smith of the 131st and Buckner of the 130th:

A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 50 of the Official Code of Georgia Annotated, relating to the jurisdiction of the State of Georgia, so as to provide for the cession of concurrent jurisdiction to the United States over certain lands within the state used for the National Infantry Museum; to provide for terms and 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 roll call was ordered and the vote was as follows:

Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield

Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner

Y Holmes Y Holt Y Horne E Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs

Y Maxwell Y May
McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell

Sailor Scheid Y Scott, A Y Scott, M Y Setzler Shaw Y Sheldon Y Sims, C Y Sims, F

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JOURNAL OF THE HOUSE

Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown
Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Cooper Y Cox

Y Dukes Ehrhart
Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd N Forster Y Franklin Y Freeman Y Gardner Y Geisinger E Golick Y Graves, D Y Graves, T E Greene
Hanner Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal
Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M E Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 150, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

HB 613. By Representatives Wix of the 33rd, Ehrhart of the 36th and Lord of the 142nd:

A BILL to be entitled an Act to amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to the examination of applicants for drivers licenses, so as to change the renewal period of licenses for bioptic drivers from two to four years; to eliminate the need for a road test upon renewal; 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 roll call was ordered and the vote was as follows:

Abdul-Salaam Y Amerson

Crawford Y Cummings

Y Holmes Y Holt

Y Maxwell N May

Sailor Scheid

FRIDAY, MARCH 11, 2005

2195

Y Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders
Bridges Y Brooks Y Brown
Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler N Byrd Y Carter Y Casas Y Chambers Y Channell
Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper N Cox

N Davis Y Day Y Dean Y Dickson E Dodson
Dollar Y Drenner
Dukes Ehrhart N England Y Epps Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Franklin Y Freeman Y Gardner Y Geisinger E Golick Y Graves, D Y Graves, T E Greene Y Hanner Harbin Y Hatfield N Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Horne E Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen N Keown Y Kidd Y Knight Y Knox N Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas N Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

McCall McClinton Y Meadows Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S N Reese Y Rice Y Roberts Y Rogers Y Royal N Rynders

Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M E Thomas, B Y Tumlin Y Walker Y Warren
Watson N Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 135, nays 12.
The Bill, having received the requisite constitutional majority, was passed.
Representative Lunsford of the 110th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
HR 193. By Representative Barnard of the 166th:
A RESOLUTION authorizing the conveyance of certain state owned real property located in Hamilton County, Tennessee; 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.

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JOURNAL OF THE HOUSE

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

Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown
Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas
Chambers Y Channell
Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger E Golick Y Graves, D Y Graves, T E Greene Y Hanner
Harbin Y Hatfield
Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne E Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris
Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton
Teilhet Y Thomas, A.M E Thomas, B Y Tumlin Y Walker Y Warren
Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the adoption of the Resolution, the ayes were 151, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HB 291. By Representatives Rogers of the 26th, Knox of the 24th, Meadows of the 5th and Dodson of the 75th:

A BILL to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to remove the requirement that managed care plans obtain certain acknowledgments; to provide for the maximum duration

FRIDAY, MARCH 11, 2005

2197

of certain credit life policies; to provide for a mortgagee group policy; to increase the maximum amount of coverage on an agricultural loan group policy; to provide that certain required provisions in group life insurance policies shall not apply to policies issued to a creditor to insure mortgagors; to require that certain individual and blanket accident and sickness policies insure certain dependent children of the insured up to and including age 25; to provide an exception for certain matters concerning renewability of policies; to clarify certain definitions; to clarify the applicable groups for blanket accident and sickness insurance; to provide an exception for intentional misrepresentation of material fact in applying for or procuring insurance as to treatment of certain statements made by a policyholder or insured person; to clarify the application of certain provisions to group and blanket accident and sickness insurance; to clarify certain provisions regarding insurance portability and renewability; 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 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide an exception to the requirement that major medical insurance policies or plans provide for carry-over deductibles; to remove the requirement that managed care plans obtain certain acknowledgments; to enact the "Georgia Telemedicine Act"; to provide for a short title; to provide for definitions; to provide for legislative intent; to provide that health insurance policies shall include payment for certain telemedicine services; to provide for conditions, exceptions, and limitations; to provide for the maximum duration of certain credit life policies; to provide for a mortgagee group policy; to increase the maximum amount of coverage on an agricultural loan group policy; to provide that certain required provisions in group life insurance policies shall not apply to policies issued to a creditor to insure mortgagors; to require that certain individual and blanket accident and sickness policies insure certain dependent children of the insured up to and including age 25; to provide an exception for certain matters concerning renewability of policies; to clarify certain definitions; to clarify the applicable groups for blanket accident and sickness insurance; to provide an exception for intentional misrepresentation of material fact in applying for or procuring insurance as to treatment of certain statements made by a policyholder or insured person; to clarify the application of certain provisions to group and blanket accident and sickness insurance; to clarify certain provisions regarding insurance portability and renewability; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

2198

JOURNAL OF THE HOUSE

SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking paragraph (14) of Code Section 33-6-5, relating to other unfair methods of competition and unfair and deceptive acts or practices, and inserting in lieu thereof a new paragraph (14) to read as follows:
"(14) On and after July 1, 1992, no insurer, as defined in paragraph (4) of Code Section 33-1-2, shall issue, cause to be issued, renew, or provide coverage under any major medical insurance policy or plan containing a calendar year deductible or similar plan benefit period deductible which does not provide for a carry-over of the application of such deductible as provided in this paragraph. If all or any portion of an insureds or members cash deductible for a calendar year or similar plan benefit period is applied against covered expenses incurred by the insured or member during the last three months of the deductible accumulation period, the insureds or members cash deductible for the next ensuing calendar year or similar benefit plan period shall be reduced by the amount so applied. The provisions of this paragraph shall apply to major medical insurance policies or plans which have a benefit plan period of less than 24 months, except policies or plans designed and issued to be compatible with a health savings account as set out in 26 U.S.C. Section 223 or a spending account as defined in Chapter 30B of this title."
SECTION 2. Said title is further amended by striking paragraph (1) of Code Section 33-20A-5, relating to standards for certification, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Disclosure to enrollees and prospective enrollees. (A) A managed care entity shall disclose to enrollees and prospective enrollees who inquire as individuals into a plan or plans offered by the managed care entity the information required by this paragraph. In the case of an employer negotiating for a health care plan or plans on behalf of his or her employees, sufficient copies of disclosure information shall be made available to employees upon request. Disclosure of information under this paragraph shall be readable, understandable, and on a standardized form containing information regarding all of the following for each plan it offers: (i) The health care services or other benefits under the plan offered as well as limitations on services, kinds of services, benefits, or kinds of benefits to be provided, which disclosure may also be published on an Internet service site made available by the managed care entity at no cost to such enrollees; (ii) Rules regarding copayments, prior authorization, or review requirements including, but not limited to, preauthorization review, concurrent review, postservice review, or postpayment review that could result in the patients being denied coverage or provision of a particular service;

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(iii) Potential liability for cost sharing for out of network out-of-network services, including, but not limited to, providers, drugs, and devices or surgical procedures that are not on a list or a formulary; (iv) The financial obligations of the enrollee, including premiums, deductibles, copayments, and maximum limits on out-of-pocket expenses for items and services (both in and out of network); (v) The number, mix, and distribution of participating providers. An enrollee or a prospective enrollee shall be entitled to a list of individual participating providers upon request, and the list of individual participating providers shall also be updated at least every 30 days and may be published on an Internet service site made available by the managed care entity at no cost to such enrollees; (vi) Enrollee rights and responsibilities, including an explanation of the grievance process provided under this article; (vii) An explanation of what constitutes an emergency situation and what constitutes emergency services; (viii) The existence of any limited utilization incentive plans; (ix) The existence of restrictive formularies or prior approval requirements for prescription drugs. An enrollee or a prospective enrollee shall be entitled, upon request, to a description of specific drug and therapeutic class restrictions; (x) The existence of limitations on choices of health care providers; (xi) A statement as to where and in what manner additional information is available; (xii) A statement that a summary of the number, nature, and outcome results of grievances filed in the previous three years shall be available for inspection. Copies of such summary shall be made available at reasonable costs; and (xiii) A summary of any agreements or contracts between the managed care plan and any health care provider or hospital as they pertain to the provisions of Code Sections 33-20A-6 and 33-20A-7. Such summary shall not be required to include financial agreements as to actual rates, reimbursements, charges, or fees negotiated by the managed care plan and any health care provider or hospital; provided, however, that such summary may include a disclosure of the category or type of compensation, whether capitation, fee for service, per diem, discounted charge, global reimbursement payment, or otherwise, paid by the managed care plan to each class of health care provider or hospital under contract with the managed care plan. (B) Such information shall be disclosed to each enrollee under this article at the time of enrollment and at least annually thereafter. (C) Any managed care plan licensed under Chapter 21 of this title is deemed to have met the certification requirements of this paragraph. (C.1) Any managed care plan licensed in this state shall obtain a signed acknowledgment from each enrollee at the time of enrollment and upon any subsequent product change elected by an enrollee acknowledging that the enrollee has been informed of the following:

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(i) The number, mix, and distribution of participating providers. An enrollee shall be entitled to a list of individual participating providers and the list shall be updated at least every 30 days and may be published on an Internet service site made available by the managed care entity at no cost to such enrollee; (ii) The existence of limitations and disclosure of such limitations on choices of health care providers; and (iii) A summary of any agreements or contracts between the managed care plan and any health care provider or hospital as they pertain to the provisions of Code Sections 33-20A-6 and 33-20A-7. Such summary shall not be required to include financial agreements as to actual rates, reimbursements, charges, or fees negotiated by the managed care plan and any health care provider or hospital; provided, however, such summary may include a disclosure of the category or type of compensation, whether capitation, fee for service, per diem, discounted charge, global reimbursement payment, or otherwise, paid by the managed care plan to each class of health care provider or hospital under contract with the managed care plan. (D) A managed care entity which negotiates with a primary care physician to become a health care provider under a managed care plan shall furnish that physician, beginning on and after January 1, 2001, with a schedule showing fees payable for common office based services provided by such physicians under the plan;".
SECTION 3. Said title is further amended by adding a new Code Section 33-24-56.4 to read as follows:
"33-24-56.4. (a) This Code section shall be known and may be cited as the 'Georgia Telemedicine Act.' (b) As used in this Code section, the term:
(1) 'Health benefit policy' means any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, executed, or renewed in this state, including, but not limited to, those contracts executed by the State of Georgia on behalf of state employees under Article 1 of Chapter 18 of Title 45, by an insurer. (2) 'Insurer' means an accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, health care corporation, health maintenance organization, preferred provider organization, provider sponsored health care corporation, managed care entity, or any similar entity authorized to issue contracts under this title or to provide health benefit policies. (3) 'Telemedicine' means the practice, by a duly licensed physician or other health care provider acting within the scope of such providers practice, of health care delivery, diagnosis, consultation, treatment, or transfer of medical data by means of audio, video, or data communications which are used during a medical visit with a patient or which are used to transfer medical data obtained during a medical visit with

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a patient. Standard telephone, facsimile transmissions, unsecured electronic mail, or a combination thereof do not constitute telemedicine services. (c) It is the intent of the General Assembly to mitigate geographic discrimination in health care delivery by recognizing the application of telemedicine for covered services provided within the scope of practice of a physician or other health care provider as a method of delivery of medical care by which an individual shall receive medical services from a health care provider without face-to-face contact with the provider. (d) On and after July 1, 2005, every health benefit policy that is issued, amended, or renewed shall include payment for services that are covered under such health benefit policy and are appropriately provided through telemedicine in accordance with generally accepted health care practices and standards prevailing in the applicable professional community at the time the services were provided. The coverage required in this Code section may be subject to all terms and conditions of the applicable health benefit plan. (e) Nothing in this Code section shall preclude any health professional, within the scope of the health professionals practice, from employing the technology of telemedicine or participating in the application of telemedicine within the health professionals practice or under the direction of another health professional with such scope of practice. Such action shall not be interpreted as practicing medicine without a license."
SECTION 4. Said title is further amended by striking Code Section 33-27-1, relating to group requirements generally, and inserting in lieu thereof a new Code Section 33-27-1 to read as follows:
"33-27-1. No policy of group life insurance shall be delivered in this state unless it conforms to one of the following descriptions:
(1) Employee groups. A policy issued to an employer or to the trustees of a fund established by an employer, which employer or trustee shall be deemed the policyholder, to insure employees of the employer for the benefit of persons other than the employer, subject to the following requirements:
(A) The employees eligible for insurance under the policy shall be all of the employees of the employer or all of any class or classes thereof determined by conditions pertaining to their employment. The policy may provide that the term 'employees' shall include the employees of one or more subsidiary corporations and the employees, individual proprietors, and partners of one or more affiliated corporations, proprietors, or partnerships, if the business of the employer and of such affiliated corporations, proprietors, or partnerships is under common control through stock ownership or contract or otherwise. The policy may provide that the term 'employees' shall include the individual proprietor or partners if the employer is an individual proprietor or a partnership. The policy may provide that the term 'employees' shall include retired employees. No individual proprietor or partner

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shall be eligible for insurance under the policy unless he is actively engaged in and devotes a substantial part of his time to the conduct of the business of the proprietor or partnership. A policy issued to insure the employees of a public body may provide that the term 'employees' shall include elected or appointed officials; (B) The premium for the policy shall be paid by the policyholder either from the employers own funds or from charges collected from the insured employee specifically for such insurance or from funds contributed by both the employer and the employee. A policy in which no part of the premium is to be derived from funds contributed by the insured employee must insure each eligible employee, except for any employee as to whom evidence of individual insurability is not satisfactory to the insurer; (C) The policy must cover at least two employees at date of issue; and (D) The amounts of insurance under the policy must be based upon some plan precluding individual selection either by the employees or by the employer or trustee. (2) Debtor groups. A policy issued to a creditor or to a trustee or agent appointed by two or more creditors, which creditor, trustee, or agent shall be deemed the policyholder, to insure debtors of the creditor, subject to the following requirements: (A) The debtors eligible for insurance under the policy shall be all of the debtors of the creditor whose indebtedness is repayable either in installments, including any extraordinary payment of an installment or lease-purchase obligation, or in one sum at the end of a period not in excess of 24 months from the initial date of debt or all of any class or classes thereof determined by conditions pertaining to the indebtedness or to the purchase giving rise to the indebtedness. The policy may provide that the term 'debtors' shall include the debtors of one or more subsidiary corporations and the debtors of one or more affiliated corporations, proprietors, or partnerships, if the business of the policyholder and of such affiliated corporations, proprietors, or partnerships is under common control through stock ownership, contract, or otherwise. No debtor shall be eligible unless the indebtedness constitutes an irrevocable obligation to repay which is binding upon him during his lifetime at the time the insurance becomes effective upon his life; (B) The premium for the policy shall be paid by the policyholder either from the creditors funds, from charges collected from the insured debtors, or from both. A policy on which part or all of the premium is to be derived from the collection from the insured debtors of identifiable charges not required of uninsured debtors shall not include, in the class or classes of debtors eligible for insurance, debtors under obligations outstanding at its date of issue without evidence of individual insurability unless at least 75 percent of the then eligible debtors elect to pay the required charges. A policy on which no part of the premium is to be derived from the collection of such identifiable charges must insure all eligible debtors or all except any as to whom evidence of individual insurability is not satisfactory to the insurer;

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(C) The policy may be issued only if the policy reserves to the insurer the right to require evidence of individual insurability if less than 75 percent of the new entrants become insured. The policy may exclude from the classes eligible for insurance classes of debtors determined by age; (D) The amount of insurance on the life of any debtor shall at no time exceed the amount owed by him which is repayable in installments, the amount of the unpaid indebtedness, or $75,000.00, whichever is less. Where the indebtedness is repayable in one sum to the creditor, the insurance on the life of any debtor shall in no instance be in effect for a period in excess of 18 24 months, except that such insurance may be continued for an additional period not exceeding six months in the case of default, extension, or recasting of the loan; and (E) The insurance shall be payable to the policyholder. Such payment shall reduce or extinguish the unpaid indebtedness of the debtor to the extent of such payment. (3) Mortgagee Group. A policy issued to a creditor, or to a trustee or agent appointed by two or more creditors, which creditor, trustee, or agent shall be deemed the policyholder, to insure mortgagors of the creditor. The insurance must be written in connection with a credit transaction that is secured by a first mortgage or deed of trust; made to finance the purchase of real property or the construction of a dwelling thereon, or to refinance a prior credit transaction made for the purpose; and shall be payable to the policyholder. Such payment shall reduce or extinguish the unpaid mortgage of the mortgagor to the extent of such payment. (4) Agricultural loans. Notwithstanding the provisions of this Code section, group life insurance in connection with agricultural loans may be written up to the amount of the loan or loan commitment on the nondecreasing or level term plan; however, the amount of insurance on the life of any such debtor shall not on any anniversary date of the insurance exceed the amount then owed by him which is repayable in installments, the amount of the then unpaid indebtedness, or $40,000.00 $75,000.00, whichever is less. (4)(5) Labor union groups. A policy issued to a labor union, which shall be deemed the policyholder, to insure members of such union for the benefit of persons other than the union or any of its officials, representatives, or agents, subject to the following requirements: (A) The members eligible for insurance under the policy shall be all of the members of the union or all of any class or classes thereof determined by conditions pertaining to their employment or to membership in the union, or both; (B) The premium for the policy shall be paid by the policyholder either wholly from the unions funds or partly from such funds and partly from funds contributed by the insured members specifically for their insurance. No policy may be issued on which the entire premium is to be derived from funds contributed by the insured members specifically for their insurance. A policy on which no part of the premium is to be derived from funds contributed by the insured members specifically for their insurance must insure all eligible members or all except any as to whom evidence of individual insurability is not satisfactory to the insurer;

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(C) The policy must cover at least 25 members at date of issue; and (D) The amounts of insurance under the policy must be based upon some plan precluding individual selection either by the members or by the union. (5)(6) Trustee groups. A policy issued to the trustees of a fund established by two or more employers or by one or more labor unions or by one or more employers and one or more labor unions, which trustees shall be deemed the policyholder, to insure employees of the employers or members of the unions for the benefit of persons other than the employers or the unions, subject to the following requirements: (A) The persons eligible for insurance shall be all of the employees of the employers, all of the members of the unions, or all of any class or classes of employees or union members determined by conditions pertaining to their employment, to membership in the unions, or to both. The policy may provide that the term 'employees' shall include retired employees and the individual proprietor or partners if an employer is an individual proprietor or a partnership. No director of a corporate employer shall be eligible for insurance under the policy unless such person is otherwise eligible as a bona fide employee of the corporation by performing services other than the usual duties of a director. No individual proprietor or partner shall be eligible for insurance under the policy unless he is actively engaged in and devotes a substantial part of his time to the conduct of the business of the proprietor or partnership. The policy may provide that the term 'employees' shall include the trustees or their employees, or both, if their duties are principally connected with such trusteeship; (B) The premium for the policy shall be paid by the trustees wholly from funds contributed by the employer or employers of the insured persons, by the union or unions, or by both or partly from such funds and partly from funds contributed by the insured persons. No policy may be issued on which the entire premium is to be derived from funds contributed by the insured persons specifically for their insurance. A policy on which no part of the premium is to be derived from funds contributed by the insured persons specifically for their insurance must insure all eligible persons or all except any as to whom evidence of individual insurability is not satisfactory to the insurer; (C) The policy must cover at date of issue at least 100 persons; and, if the fund is established by the members of an association of employers, the policy may be issued only if either the participating employers constitute at date of issue at least 60 percent of those employer members whose employees are not already covered for group life insurance or the total number of persons covered at date of issue exceeds 600; and the policy shall not require that, if a participating employer discontinues membership in the association, the insurance of his employees shall cease solely by reason of the discontinuance; and (D) The amounts of insurance under the policy must be based upon some plan precluding individual selection either by the insured persons or by the policyholder, employers, or unions.

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(6)(7) Association groups. The lives of a group of individuals may be insured under a policy issued to an association, which shall be deemed the policyholder, to insure members of such association for the benefit of persons other than the association. As used in this paragraph, the term 'association' means an association of governmental or public employees, an association of employees of a common employer, or an organization formed and operated in good faith for purposes other than that of procuring insurance and composed of members engaged in a common trade, business, or profession. The policy shall be subject to the following requirements:
(A) The members eligible for insurance under the policy shall be all of the members of the association or all of any class or classes of the association determined by conditions pertaining to their employment, to their trade, business, or profession, to their membership in the association, or to any two or more of such conditions. The policy may provide that officers and employees of the association who are bona fide members may be insured under the policy; (B) The policy must cover at least 25 members at date of issue; (C) The amounts of insurance under the policy must be based upon some plan precluding individual selection either by the association or by the members; and (D) The premium for the policy shall be paid by the policyholder either from the associations own funds, or from charges collected from the insured members specifically for the insurance, or from both. (7)(8) Bank and credit union groups. A bank authorized to do business in this state may carry insurance upon its depositors for amounts not to exceed the savings deposit balances of each depositor or $5,000.00, whichever is less, and a credit union organized pursuant to the laws of this state or the Federal Credit Union Act may carry insurance upon its members for amounts not to exceed the share and deposit balances of each member or $5,000.00, whichever is less. Such insurance shall be subject to the requirements of subparagraphs (A) through (D) of paragraph (6) (7) of this Code section. (8)(9) Multiple employer welfare arrangements. (A) The lives of a group of individuals may be insured under a policy issued to a legal entity providing a multiple employer welfare arrangement. As used in this paragraph, the term 'multiple employer welfare arrangement' means any employee benefit plan which is established or maintained for the purpose of offering or providing life insurance benefits to the employees of two or more employers, including self-employed individuals and their dependents. The term does not apply to any plan or arrangement which is established or maintained by a tax-exempt rural electric cooperative or a collective bargaining agreement. (B) The amounts of insurance under the policy must be based upon some plan precluding individual selection either by the employees, employers, or trustee. (9)(10) Special employee groups. A corporation or a trustee of a trust established by a corporation which has an insurable interest in employees pursuant to subsection (c) of Code Section 33-24-3 and authority to effectuate insurance on employees pursuant to paragraph (4) or (5) of subsection (a) of Code Section 33-24-6 may establish an

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employee group to effectuate group life insurance policies on employees when such corporation or trustee of a trust is providing life, health, disability, retirement, or similar benefits to employees, provided that the premium for such group policies is wholly paid by the corporation or trustee of the trust and the proceeds of such policies are used to provide supplemental funding for such employee benefit plans."
SECTION 5. Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 33-27-3, relating to required policy provisions, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) The provisions of paragraphs (6), (8), (9), and (10) of subsection (a) of this Code section shall not apply to policies issued to a creditor to insure debtors or mortgagors of such creditor."
SECTION 6. Said title is further amended by striking paragraph (3) of subsection (a) of Code Section 33-29-2, relating to requirements as to policies generally, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) It purports to insure only one person, provided that a policy may insure, originally or by subsequent amendment upon the application of an adult member of a family who shall be deemed the policyholder, any two or more eligible members of that family, including husband, wife, dependent children, or any children, under a specified age which shall not exceed 19 years, and any other person dependent upon the policyholder; provided, further, that, if a policy purports to insure a dependent child of the policyholder, the child shall continue to be insured up to and including age 25 so long as the policy continues in effect, the child remains a dependent of the policyholder, and the child, in each calendar year since reaching the age specified in the policy for termination of benefits as a dependent of the policyholder, has been enrolled for five calendar months or more as a full-time student in a postsecondary institution of higher learning or, if not so enrolled, would have been eligible to be so enrolled and was prevented from being so enrolled due to illness or injury;".
SECTION 7. Said title is further amended by striking subsection (a) of Code Section 33-29-7, relating to provision in policies for refusal of renewal generally, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Each Subject to Code Section 33-29-21, each policy, covered by this chapter, except accident insurance only policies, in which the insurer reserves the right to refuse renewal on an individual basis, shall provide, in substance, in a provision of the policy entitled 'renewability,' that, subject to the right to terminate the policy upon nonpayment of premiums when due, the right to refuse renewal shall not be exercised before the renewal date occurring on, or after and nearest, each anniversary or, in the case of lapse and reinstatement, at the renewal date occurring on, or after and nearest,

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each anniversary of the last reinstatement, and that any refusal or renewal shall be without prejudice to any claim originating while the policy is in force."
SECTION 8. Said title is further amended by striking subsection (c) of Code Section 33-29-8, relating to provision in policies renewable or cancelable at option of insurer for refund of premiums, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) For the purpose of this Code section chapter, a major medical policy is any policy which provides benefits of at least 75 percent of necessary, reasonable, and customary charges for medical care, including hospitalization in semiprivate accommodations, with maximum lifetime benefit of at least $100,000.00, subject only to such exceptions, restrictions, limitations, and deductible as the Commissioner may deem reasonable."
SECTION 9. Said title is further amended by striking paragraphs (5) and (6) of subsection (a) of Code Section 33-30-1, relating to "group accident and sickness insurance" defined, and inserting in lieu thereof new paragraphs (5), (6), and (7) to read as follows:
"(5) A policy issued to a creditor, or to a trustee or agent appointed by two or more creditors, which creditor, trustee, or agent shall be deemed to be the policyholder, to insure mortgagors of the creditor. The insurance must be written in connection with a credit transaction that is secured by a first mortgage or deed of trust; made to finance the purchase of real property or the construction of a dwelling thereon, or to refinance a prior credit transaction made for such a purpose; and shall be payable to the policyholder. Such payment shall reduce or extinguish the unpaid mortgage of the mortgagor to the extent of such payment. (6) Under a policy issued to cover any other substantially similar group which in the discretion of the Commissioner may be subject to the issuance of a group accident and sickness policy or contract; or
(6)(7)(A) Under a policy issued to a legal entity providing a multiple employer welfare arrangement, which means any employee benefit plan which is established or maintained for the purpose of offering or providing accident and sickness benefits to the employees of two or more employers, including self-employed individuals, and their dependents. (B) The amounts of insurance under the policy must be based upon some plan precluding individual selection either by the employees, employers, or trustee."
SECTION 10. Said title is further amended by striking Code Section 33-30-3, relating to "blanket accident and sickness insurance" defined, and inserting in lieu thereof a new Code Section 33-30-3 to read as follows:
"33-30-3. 'Blanket accident and sickness insurance' is that form of group accident and sickness insurance covering the groups of persons listed in paragraphs (1) through (6) and issued

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upon the following basis: (1) Under a group policy or contract issued to any common carrier or to any operator, owner, or lessee of a means of transportation, who or which shall be deemed the policyholder, covering a group defined as all persons or all persons of a class who may become passengers on such common carrier or such means of transportation; (2) Under a group policy or contract issued to an employer, who shall be deemed the policyholder, covering all employees, dependents, or guests defined by reference to specified hazards incident to the activities or operations of the employer or any class of employees, dependents, or guests similarly defined; (3) Under a group policy or contract issued to a school or other institution of learning, a camp, the sponsor of the institution of learning or camp, or to the head or principal thereof, who or which shall be deemed the policyholder, covering students or campers; and supervisors and employees may be included; (4) Under a group policy or contract issued in the name of any religious, charitable, recreational, educational, or civic organization, which shall be deemed the policyholder, covering participants in activities sponsored by the organization; (5) Under a group policy or contract issued to a sports team or sponsors thereof, which shall be deemed the policyholder, covering members, officials, and supervisors; or (6) Under a group policy or contract issued to cover any other risk or class of risks which in the discretion of the Commissioner may be properly eligible for blanket accident and sickness insurance. The discretion of the Commissioner may be exercised on an individual risk basis or class of risks, or both."
SECTION 11. Said title is further amended by striking paragraphs (1) and (4) of Code Section 33-30-4, relating to required provisions generally, and inserting in lieu thereof new paragraphs (1) and (4) to read as follows:
"(1) A provision that, in the absence of fraud or intentional misrepresentation of material fact in applying for or procuring coverage under the terms of the group policy or contract, all statements made by the policyholder or by any insured person shall be deemed representations and not warranties, and that no statement made for the purpose of effecting insurance shall avoid the insurance or reduce benefits unless contained in a written instrument signed by the policyholder or the insured person, a copy of which has been furnished to the policyholder or to the person or his beneficiary;" "(4) A provision that, with respect to termination of benefits for, or coverage of, any person who is a dependent child of an insured, the child shall continue to be insured up to and including age 25 so long as the coverage of the member continues in effect, the child remains a dependent of the insured parent or guardian, and the child, in each calendar year since reaching any age specified for termination of benefits as a dependent, has been enrolled for five calendar months or more as a full-time student at a postsecondary institution of higher learning or, if not so enrolled, would have

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been eligible to be so enrolled and was prevented from being so enrolled due to illness or injury. This paragraph shall not apply to group policies under which an employer provides coverage for dependents of its employees and pays the entire cost of the coverage without any charge to the employee or dependents; and".
SECTION 12. Said title is further amended by striking subsection (b) of Code Section 33-30-6, relating to authority to issue blanket accident and sickness policies, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Every blanket and group policy, certificate of insurance, or by whatever name called shall contain provisions which in the opinion of the Commissioner are at least as favorable to the policyholder and the individual insured as the following:
(1) A provision that the policy and the application shall constitute the entire contract between the parties, and that all statements made by the policyholder shall, in absence of fraud or intentional misrepresentation of material fact in applying for or procuring coverage under the terms of the group policy or contract, be deemed representations and not warranties, and that no such statements shall be used in defense to a claim under the policy, unless contained in a written application; (2) A provision that written notice of sickness or of injury must be given to the insurer within 20 days after the date when such sickness or injury occurred. Failure to give notice within that time shall neither invalidate nor reduce any claim if it shall be shown not to have been reasonably possible to give the notice and that notice was given as soon as was reasonably possible; (3) A provision that the insurer will furnish to the policyholder such forms as are usually furnished by it for filing proof of loss. If the forms are not furnished before the expiration of ten working days after the giving of notice, the claimant shall be deemed to have complied with the requirements of the policy as to proof of loss upon submitting, within the time fixed in the policy for filing proof of loss, written proof covering the occurrence, character, and extent of the loss for which claim is made; (4) A provision that in the case of claim for loss of time for disability, written proof of the loss must be furnished to the insurer within 30 days after the commencement of the period for which the insurer is liable, and that subsequent written proofs of the continuance of the disability must be furnished to the insurer at such intervals as the insurer may reasonably require, and that in the case of claim for any other loss, written proof of the loss must be furnished to the insurer within 90 days after the date of the loss. Failure to furnish the proof within such time shall neither invalidate nor reduce any claim if it shall be shown not to have been reasonably possible to furnish the proof and that the proof was furnished as soon as was reasonably possible; (5) A provision incorporating and restating the substance of the provisions of subsections (b) and (c) of Code Section 33-24-59.5, relating to time limits for payment of claims for benefits under health benefit policies and sanctions for failure to pay timely. If a policy provides benefits for loss of time, such policy shall also provide that, subject to proof of such loss, all accrued benefits payable under the

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policy for loss of time will be paid not later than at the expiration of each period of 30 days during the continuance of the period for which the insurer is liable and any balance remaining unpaid at the termination of such period will be paid immediately upon receipt of such proof; (6) A provision that the insurer, at its own expense, shall have the right and opportunity to examine the person of the insured when and so often as it may reasonably require during the pendency of a claim under the policy and shall also have the right and opportunity to make an autopsy in case of death, if an autopsy is not prohibited by law; (7) A provision that no action at law or in equity shall be brought to recover under the policy prior to the expiration of 60 days after written proof of loss has been furnished in accordance with the requirements of the policy, and that no action shall be brought after the expiration of three years after the time written proof of loss is required to be furnished; and (8) A provision that, with respect to termination of benefits for, or coverage of, any person who is a dependent child of an insured, the child shall continue to be insured up to and including age 25 so long as the coverage of the insured parent or guardian continues in effect, the child remains a dependent of the parent or guardian, and the child, in each calendar year since reaching any age specified for termination of benefits as a dependent, has been enrolled for five months or more as a full-time student at a postsecondary institution of higher learning or, if not so enrolled, would have been eligible to be so enrolled and was prevented from being so enrolled due to illness or injury."
SECTION 13. Said title is further amended by striking subsection (a) of Code Section 33-30-9, relating to payment of benefits under blanket accident and sickness policies, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) All benefits under any group or blanket accident and sickness policy shall be payable to the person insured, to his designated beneficiary or beneficiaries, or to his estate, provided that if the person insured is a minor or mental incompetent, the benefits may be made payable to his parent, guardian, or other person actually supporting him or, if the entire cost of the insurance has been borne by the employer, the benefits may be made payable to the employer."
SECTION 14. Said title is further amended by striking Code Section 33-30-15, relating to continuation of similar coverage, and inserting in lieu thereof a new Code Section 33-30-15 to read as follows:
"33-30-15. (a) As used in this Code section, the term:
(1) 'Affiliation period' means a period, used by health maintenance organizations in lieu of a preexisting condition exclusion clause, beginning on the enrollment date,

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which must expire before health insurance coverage provided by a health maintenance organization becomes effective. The health maintenance organization is not required to provide health care benefits during such period, nor is it authorized to charge premiums over such a period. (2) 'Creditable coverage' under another health benefit plan means medical expense coverage with no greater than a 90 day gap in coverage under any of the following:
(A) Medicare or Medicaid; (B) An employer based accident and sickness insurance or health benefit arrangement; (C) An individual accident and sickness insurance policy, including coverage issued by a health maintenance organization, nonprofit hospital or nonprofit medical service corporation, health care corporation, or fraternal benefit society; (D) A spouses benefits or coverage under medicare or Medicaid or an employer based health insurance or health benefit arrangement; (E) A conversion policy; (F) A franchise policy issued on an individual basis to a member of a true association as defined in subsection (b) of Code Section 33-30-1; (G) A health plan formed pursuant to 10 U.S.C. Chapter 55; (H) A health plan provided through the Indian Health Service or a tribal organization program or both; (I) A state health benefits risk pool; (J) A health plan formed pursuant to 5 U.S.C. Chapter 89; (K) A public health plan; or (L) A Peace Corps Act health benefit plan. (3) 'Insurer' means an accident and sickness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service corporation, health care corporation, health maintenance organization, or any similar entity and any selfinsured health care plan not subject to the exclusive jurisdiction of the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq. (4) 'Newly eligible employee group member' means a Georgia domiciled employee group member or the dependent of a currently enrolled Georgia domiciled employee group member who has creditable coverage and who first becomes eligible to elect coverage under an employer a group sponsored comprehensive major medical or hospitalization plan. A newly eligible employee group member also includes: (A) During a special enrollment period, existing employees group members and existing dependents of existing employees group members who declined coverage when first offered because of the existence of other creditable coverage, if all the following conditions are met:
(i) The employee group member or employees group members dependent had creditable coverage at such time when the group coverage was first offered; (ii) The employee group member stated in writing that such creditable coverage was the reason for declining enrollment in group coverage, if such statement is required by the employer policyholder;

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(iii) The coverage of the employee group member or employees group members dependent was under COBRA and has been exhausted or the creditable coverage was terminated as a result of loss of eligibility for the creditable coverage or employer policyholder contributions toward such creditable coverage were terminated; and (iv) The employee group member requests such enrollment not later than 31 days after the date of exhaustion or termination of the creditable coverage; or (B) In the case of marriage, if the employee group member requests such enrollment not later than 31 days following the date of marriage or the date dependent coverage is first made available, whichever is later, coverage of the spouse shall commence not later than the first day of the first month beginning after the date the completed request for enrollment is received. (b) Notwithstanding any other provision of this title which might be construed to the contrary, on and after July 1, 1998, all group basic hospital or medical expense, major medical, or comprehensive medical expense coverages which are issued, delivered, issued for delivery, or renewed in this state shall provide the following: (1) Subject to compliance with the provisions of subsections (c) and (d) of this Code section, any newly eligible employee, group member, subscriber, enrollee, or dependent who has had creditable coverage under another health benefit plan within the previous 90 days shall be eligible for coverage immediately upon completion of any employer policyholder imposed waiting period; and (2) Once such creditable coverage terminates, including termination of such creditable coverage after any period of continuation of coverage required under Code Section 33-24-21.1 or the provisions of Title X of the Omnibus Budget Reconciliation Act of 1986, the insurer must offer a conversion policy to the eligible employee, group member, subscriber, enrollee, or dependent. (c) Notwithstanding any provisions of this Code section which might be construed to the contrary, such coverages may include a limitation for preexisting conditions not to exceed 12 months for enrollees group members who enroll when newly eligible and 18 months for group members who enroll late enrollees following the effective date of coverage; provided, however, that: (1) Such coverages shall waive any time period applicable to the preexisting condition exclusion or limitation for the period of time an individual was previously covered by creditable coverage; or (2) Such coverages shall waive any time period applicable to the preexisting condition exclusion or limitation in accordance with an insurers election of an alternative method pursuant to Section 701(c)(3)(B) of the Employee Retirement Income Security Act of 1974. (d) The preexisting condition limitation described in subsection (c) of this Code section shall not apply to pregnancies. (e) The preexisting condition limitation described in subsection (c) of this Code section shall not apply to newborn children or newly adopted children where such children are

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added to the plan by the insured no later than 31 days following the date of birth or the date placed for adoption under order of the court of jurisdiction. (f) In case of a group health plan offered by a health maintenance organization, an affiliation period may be offered in place of the preexisting condition limitation described in subsection (c) of this Code section, provided that the affiliation period:
(1) Is applied uniformly without regard to any health status related factors; (2) Does not exceed:
(A) Two months for newly eligible employees group members and dependents; or (B) Three months for group members who enroll late enrollees; and (3) Runs concurrently with any employer policyholder imposed waiting period under the plan. (g) The Commissioner shall promulgate appropriate procedures and guidelines by rules and regulations to implement the provisions of this Code section after notification and review of such regulations by the appropriate standing committees of the House of Representatives and Senate in accordance with the requirements of applicable law. The Commissioner may allow in such regulations methods other than that described in subsection (f) of this Code section for health maintenance organizations to address adverse selection, as authorized by the Employee Retirement Income Security Act of 1974, Section 701(g)(3)."
SECTION 15. Said title is further amended by striking paragraph (1) of Code Section 33-30-22, relating to definitions regarding preferred provider arrangements, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) 'Emergency services' or 'emergency care' means covered services included in a preferred provider arrangement provided to a person after the sudden onset of a medical condition manifested by symptoms of such severity those health care services that are provided for a condition of recent onset and sufficient severity, including, but not limited to, severe pain, that would lead a prudent layperson, possessing an average knowledge of medicine and health, to believe that his or her condition, sickness, or injury is of such a nature that the failure to provide immediately such services obtain immediate medical care could reasonably be expected to result in:
(A) Placing the patients health in serious jeopardy; (B) Impairment Serious impairment to bodily functions; or (C) Dysfunction Serious dysfunction of any bodily organ or part."
SECTION 16. 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:

Abdul-Salaam Y Amerson Y Anderson
Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown
Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas
Chambers Y Channell
Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming
Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger E Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne E Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J
Murphy, Q Y Neal Y Oliver Y O'Neal
Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton
Teilhet Y Thomas, A.M E Thomas, B Y Tumlin Y Walker Y Warren
Watson Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 149, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 244. By Representative Burmeister of the 119th:

A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the O.C.G.A., relating to primaries and elections generally, so as to amend certain definitions; to authorize the Secretary of State to provide copies of the

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general election ballot and questions on compact disc or other media or an Internet website; to clarify the meaning of governing authority; to authorize the Secretary of State to review ballots for use on DRE units; to provide for certain training for poll officers; to change municipal qualifying periods; to provide that a candidate shall use the surname shown on such candidates voter registration card when qualifying for office; to provide that the form of a candidates name cannot be changed after the candidate qualifies; to provide for the offense of conspiracy to commit election fraud; to provide for effective dates; 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 primaries and elections generally, so as to amend certain definitions; to authorize the Secretary of State to provide copies of the general election ballot and questions on compact disc or other media or an Internet website; to clarify the meaning of governing authority; to authorize the Secretary of State to review ballots for use on DRE units; to provide for certain training for poll officers; to change municipal qualifying periods; to provide that a candidate shall use the surname shown on such candidates voter registration card when qualifying for office; to provide that the form of a candidates name cannot be changed after the candidate qualifies; to provide for the time of giving notice to be a write-in candidate in special elections; to delete the requirement that the Secretary of State receive all voter registration cards after a system of digitization of voter registration signatures is operational; to provide for the time for challenging the right of an elector to vote who votes by absentee ballot in person; to provide for the sending of certain notices concerning voter registration; to provide that the individual names of candidates for the office of presidential elector shall not be listed on the ballot; to remove the authorization for counties to use lever-type voting machines; to remove the requirement that optical scanning ballots have a name stub; to provide for notice of preparation of certain voting equipment prior to runoffs; to remove the electors place of birth from the absentee ballot oath form; to provide that absentee electors whose vote has been challenged must vote by paper or optical scanning ballot; to provide for the posting of certain information at polling places; to provide for additional state-wide poll watchers; to provide for poll watchers for advance voting sites; to limit the number of state-wide poll watchers at individual polling places simultaneously; to prohibit certain activities within close proximity to the locations where advance voting is taking place; to delete the requirement that poll officers ascertain whether someone timely registered to vote prior to allowing such person to vote a provisional ballot; to limit the requirement that all voters vote provisional ballots when poll hours are extended by court order to elections in which federal candidates are on the ballot; to provide for the use of provisional ballots by electors when voting machines or DRE units malfunction or an

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emergency exists which prevents the use of such devices; to provide for the call of special elections when held in conjunction with state-wide primaries and elections; to provide for the offense of conspiracy to commit election fraud; 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 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, is amended by striking paragraphs (5) and (9) of Code Section 21-22, relating to definitions, and inserting in lieu thereof new paragraphs (5) and (9) to read as follows:
"(5) 'Election' ordinarily means any general or special election and shall not include a primary or special primary unless the context in which the term is used clearly requires that a primary or special primary is included." "(9) 'Governing authority' means the governing authority of a municipality Reserved."
SECTION 2. Said chapter is further amended by striking subsection (d) of Code Section 21-2-4, relating to distribution of summaries of constitutional amendments, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The Secretary of State is authorized to provide for the preparation of a supply of audio tapes, compact discs, or other media or an Internet website which shall contain the summary of each proposed general amendment to the Constitution as provided in subsection (a) of this Code section, together with a listing of the candidates for each of the state representatives to the United States Congress and the candidates for every public office elected by the electors of the entire state. A sufficient number of the audio tapes, compact discs, or other media may be prepared as will permit the distribution of at least one tape, disc, or other media form to each of the public libraries within the state for the purpose of providing voting information and assistance to any interested citizen. The Secretary of State may cause a supply of the tapes, discs, or other media to be prepared and distributed as soon as practicable after the summary has been prepared and the names of the candidates for each of the public offices to be included are known to be candidates. If the Secretary of State provides such information through an Internet website, it shall not be necessary to provide such information by audio tape, compact disc, or other media."
SECTION 3. Said chapter is further amended by striking Code Section 21-2-8, relating to eligibility for nomination, election, and performance of certain acts, and inserting in lieu thereof a new Code Section 21-2-8 to read as follows:
"21-2-8.

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No person shall be eligible for party nomination for or election to public office, nor shall he or she perform any official acts or duties as a superintendent, registrar, deputy registrar, poll officer, or party officer, as set forth in this chapter, in connection with any election or primary held under this chapter, if under the laws of this state, any other state, or the United States he or she has been convicted and sentenced, in any court of competent jurisdiction, for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude, unless such persons civil rights have been restored and at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude. Additionally, the person shall not be holding illegally any public funds. In the event of the disqualification of the superintendent as described in this Code section, the clerk of the superior court shall act in his or her stead. Notwithstanding the above, the governing authority of a municipality shall appoint an individual to serve as superintendent for municipal elections or municipal primaries in the event of the disqualification of the municipal superintendent, unless the municipality has contracted with a county government for the provision of election services, in which event the clerk of the superior court shall act in place of a disqualified superintendent."
SECTION 4. Said chapter is further amended by striking subsection (b) of Code Section 21-2-9, relating to date of election for offices, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) All general municipal elections to fill municipal offices shall be held on the Tuesday next following the first Monday in November in each odd-numbered year. Public notice of such elections shall be published by the governing authority of the municipality in a newspaper of general circulation in the municipality at least 30 days prior to the elections."
SECTION 5. Said chapter is further amended by striking subsection (a) of Code Section 21-2-33.1, relating to the enforcement of the chapter, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The State Election Board is vested with the power to issue orders, after the completion of appropriate proceedings, directing compliance with this chapter or prohibiting the actual or threatened commission of any conduct constituting a violation, which order may include a provision requiring the violator:
(1) To cease and desist from committing further violations; (2) To pay a civil penalty not to exceed $5,000.00 for each violation of this chapter or for each failure to comply with any provision of this chapter or of any rule or regulation promulgated under this chapter. Such penalty may be assessed against an individual, a partnership, a committee, an association, a corporation, an entity, or a county or municipal governing authority which employs or compensates an individual

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found to have committed a violation, or both, as the State Election Board deems appropriate; (3) To publicly reprimand an individual, a partnership, a committee, an association, a corporation, an entity, or county or municipal governing authority found to have committed a violation; (4) To require that restitution be paid to a state, the state or a county, or city municipal governing authority when it has suffered a monetary loss or damage as the result of a violation; (5) To require individuals to attend training as specified by the board; and (6) To assess investigative costs incurred by the board against an individual, a partnership, a committee, an association, a corporation, an entity, or the county or municipal governing authority which employs or compensates an individual found to have committed a violation."
SECTION 6. Said chapter is further amended by striking paragraph (15) of subsection (a) of Code Section 21-2-50, relating to powers and duties of the Secretary of State, and inserting in lieu thereof a new paragraph (15) to read as follows:
"(15) To develop, program, and build, and review ballots for use by counties and municipalities on direct recording electronic (DRE) voting systems in use in the state."
SECTION 7. Said chapter is further amended by striking Code Section 21-2-72, relating to primary and election records to be open to the public, and inserting in lieu thereof a new Code Section 21-2-72 to read as follows:
"21-2-72. Except when otherwise provided by law or court order, the primary and election records of each governing authority, superintendent, registrar, municipal governing authority, and committee of a political party or body, including registration statements, nomination petitions, affidavits, certificates, tally papers, returns, accounts, contracts, reports, and other documents in official custody, except the contents of voting machines, shall be open to public inspection and may be inspected and copied by any elector of the county or municipality during usual business hours at any time when they are not necessarily being used by the custodian or his or her employees having duties to perform in reference thereto; provided, however, that such public inspection shall only be in the presence of the custodian or his or her employee and shall be subject to proper regulation for the safekeeping of such documents and subject to the further provisions of this chapter. The custodian shall also, upon request, if photocopying equipment is available in the building in which the records are housed, make and furnish to any member of the public copies of any of such records upon payment of the actual cost of copying the records requested."

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SECTION 8. Said chapter is further amended by striking Code Section 21-2-73, relating to preservation of primary and election records, and inserting in lieu thereof a new Code Section 21-2-73 to read as follows:
"21-2-73. All primary and election documents on file in the office of the election superintendent of each county, municipal governing authority, superintendent, registrar, committee of a political party or body, or other officer shall be preserved therein for a period of at least 24 months and then the same may be destroyed unless otherwise provided by law."
SECTION 9. Said chapter is further amended by striking Code Section 21-2-90, relating to the appointment of a chief manager and assistant managers, and inserting in lieu thereof a new Code Section 21-2-90 to read as follows:
"21-2-90. All elections and primaries shall be conducted in each precinct by a board consisting of a chief manager, who shall be chairperson of such board, and two assistant managers assisted by clerks. The managers of each precinct shall be appointed by the superintendent or, in the case of municipal elections, by the municipal governing authority. If the political parties involved elect to do so, they may submit to the superintendent or municipal governing authority, for consideration in making such appointment, a list of qualified persons. When such lists are submitted to the appropriate office, the superintendent or municipal governing authority, insofar as practicable, shall make appointments so that there shall be equal representation on such boards for the political parties involved in such elections or primaries. The superintendent or municipal governing authority shall make each appointment by entering an order which shall remain of record in the appropriate office and shall transmit a copy of such order to the appointee. The order shall include the name and address of the appointee, his or her title, and a designation of the precinct and primary or election in which he or she is to serve."
SECTION 10. Said chapter is further amended by striking subsection (a) of Code Section 21-2-99, relating to instruction of poll officers and workers in election procedures, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The election superintendent shall provide adequate training to all poll officers and poll workers regarding the use of voting equipment, voting procedures, all aspects of state and federal law applicable to conducting elections, and the poll officers or poll workers duties in connection therewith before the first election in each election cycle prior to each general primary and general election and each special primary and special election; provided, however, such training shall not be required for a special election held between the date of the general primary and the general election. Upon successful completion of such instruction, the superintendent shall give to each poll officer and

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poll worker a certificate to the effect that such person has been found qualified to conduct such primary or election with the particular type of voting equipment in use in that jurisdiction. Additionally, the superintendent shall notify the Secretary of State on forms to be provided by the Secretary of State of the date when such instruction was held and the number of persons attending and completing such instruction. For the purpose of giving such instructions, the superintendent shall call such meeting or meetings of poll officers and poll workers as shall be necessary. Each poll officer shall, upon notice, attend such meeting or meetings called for his or her instruction."
SECTION 11. Said chapter is further amended by striking subsection (e) of Code Section 21-2-100, relating to training of local election officials, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) A superintendent or registrar and the county or municipal governing authority which employs the superintendent or registrar may be fined by the State Election Board for failure to attend the training required in this Code section."
SECTION 12. Said chapter is further amended by striking subsection (c) of Code Section 21-2-101, relating to certification program for election superintendents or election board designee, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) A superintendent and the county or municipal governing authority which employs the superintendent may be fined by the State Election Board for failure to attain the certification required in this Code section."
SECTION 13. Said chapter is further amended by striking paragraph (3) of subsection (d) of Code Section 21-2-132, relating to filing notice of candidacy, nomination petition, and affidavit, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) Each candidate for municipal office or a designee shall file a notice of candidacy in the office of the municipal superintendent of such candidates municipality during the municipalitys qualifying period. Each municipal superintendent shall designate the days of the qualifying period, which shall be no less than three days and no more than five days. The days of the qualifying period shall be consecutive days. Qualifying periods shall comply with the following:
(A) In the case of a general election held in an odd-numbered year, the municipal qualifying period shall commence no earlier than 8:30 A.M. on the second Monday in September immediately preceding the general election and shall end no later than 4:30 P.M. on the following Friday; (B) In the case of a general election held in an even-numbered year, the municipal qualifying period shall commence no earlier than 8:30 A.M. on the last Monday in August immediately preceding the general election and shall end no later than 4:30 P.M. on the following Friday; and,

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(C) In in the case of a special election, the municipal qualifying period shall commence no earlier than the date of the call and shall end no later than 25 days prior to the election. The hours of qualifying each day shall be from 8:30 A.M. until 4:30 P.M. with one hour allowed for the lunch break; provided, however, that municipalities which have normal business hours which cover a lesser period of time shall conduct qualifying during normal business hours for each such municipality. Except in the case of a special election, notice of the opening and closing dates and the hours for candidates to qualify shall be published at least two weeks prior to the opening of the qualifying period."
SECTION 14. Said chapter is further amended by striking subsection (f) of Code Section 21-2-132, relating to filing notice of candidacy, nomination petition, and affidavit, and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) Each candidate required by this Code section to file a notice of candidacy shall accompany his or her notice of candidacy with an affidavit stating:
(1) His or her full name and the name as the candidate desires it to be listed on the ballot. The surname of the candidate shall be the surname of the candidate as it appears on the candidates voter registration card. After such name is submitted to the Secretary of State or the election superintendent, the form of such name shall not be changed during the election for which such notice of candidacy is submitted; (2) His or her residence, with street and number, if any, and his or her post office address; (3) His or her profession, business, or occupation, if any; (4) The name of his or her precinct; (5) That he or she is an elector of the county or municipality of his or her residence eligible to vote in the election in which he or she is a candidate; (6) The name of the office he or she is seeking; (7) That he or she is eligible to hold such office; (8) That the candidate has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude or conviction of domestic violence under the laws of this state or any other state or of the United States, or that the candidates civil rights have been restored and that at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; (9) That he or she will not knowingly violate this chapter or rules and regulations adopted under this chapter; and (10) Any other information as may be determined by the Secretary of State to be necessary to comply with federal and state law. The affidavit shall contain such other information as may be prescribed by the officer with whom the candidate files his or her notice of candidacy."

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SECTION 15. Said chapter is further amended by striking subsection (a) of Code Section 21-2-133, relating to write-in candidacy, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) No person elected on a write-in vote shall be eligible to hold office unless notice of his or her intention of candidacy was filed and published no earlier than January 1 and no later than the Tuesday after the first Monday in September prior to the election for county, state, and federal elections; no later than seven days after the close of the municipal qualifying period for municipal elections in the case of a general election; no earlier than January 1 and no later than the Tuesday after the first Monday in June in the case of a nonpartisan election for a state or county office which was not covered by a local Act of the General Assembly on July 1, 2001, which provided for election in a nonpartisan election without a prior nonpartisan primary; no later than the third Monday in July in the case of a nonpartisan election for a state or county office which was not covered by a local Act of the General Assembly on July 1, 2001, which provided for election in a nonpartisan election without a prior nonpartisan primary held in the even-numbered year immediately following the official release of the United States decennial census data to the states for the purpose of redistricting of the legislatures and the United States House of Representatives; or at least 20 or more days prior to no later than seven days after the close of the special election qualifying period for a special election by the person to be a write-in candidate or by some other person or group of persons qualified to vote in the subject election, as follows:
(1) In a state general or special election, notice shall be filed with the Secretary of State and published in a newspaper of general circulation in the state; (2) In a general or special election of county officers, notice shall be filed with the superintendent of elections in the county in which he or she is to be a candidate and published in the official organ of the same county; or (3) In a municipal general or special election, notice shall be filed with the superintendent and published in the official gazette of the municipality holding the election."
SECTION 16. Said chapter is further amended by striking subsection (e) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a state or county primary, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) Each candidate for party nomination described in subsection (a) of this Code section shall file an affidavit with the political party at the time of his or her qualifying stating:
(1) His or her full name and the name as the candidate desires it to be listed on the ballot. The surname of the candidate shall be the surname of the candidate as it appears on the candidates voter registration card. After such name is certified by the political party to the Secretary of State or the election superintendent, the form of

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such name shall not be changed during the primary and election for which such affidavit is submitted; (2) His or her residence, with street and number, if any, and his or her post office address; (3) His or her profession, business, or occupation, if any; (4) The name of his or her precinct; (5) That he or she is an elector of the county of his or her residence eligible to vote in the primary election in which he or she is a candidate for nomination; (6) The name of the office he or she is seeking; (7) That he or she is eligible to hold such office; (8) That the candidate has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude under the laws of this state or any other state or of the United States, or that the candidates civil rights have been restored and that at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; (9) That he or she will not knowingly violate this chapter or rules or regulations adopted under this chapter; and (10) Any other information as may be determined by the Secretary of State to be necessary to comply with federal and state law."
SECTION 17. Said chapter is further amended by striking subsection (d) of Code Section 21-2-153.1, relating to qualification of candidates for party nomination in a municipal primary, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Each candidate for party nomination described in subsection (a) of this Code section shall file an affidavit with the political party at the time of his or her qualifying stating:
(1) His or her full name and the name as the candidate desires it to be listed on the ballot. The surname of the candidate shall be the surname of the candidate as it appears on the candidates voter registration card. After such name is submitted by the candidate to the political party, the form of such name shall not be changed during the primary and election for which such affidavit is submitted; (1) (2) His or her residence, with street and number, if any, and his or her post office address; (2) (3) His or her profession, business, or occupation, if any; (3) (4) The name of his or her precinct; (4) (5) That he or she is an elector of the municipality of his or her residence and is eligible to vote in the primary election in which he or she is a candidate for nomination; (5) (6) The name of the office he or she is seeking; (6) (7) That he or she is eligible to hold such office;

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(7) (8) That he or she has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude under the laws of this state or any other state or of the United States, or that his or her civil rights have been restored; and (8) (9) That he or she will not knowingly violate this chapter or any rules and regulations adopted under this chapter."
SECTION 18. Said chapter is further amended by striking subsections (c) and (e) of Code Section 21-2212, relating to county registrars, and inserting in lieu thereof new subsections (c) and (e) to read as follows:
"(c) The governing authority of each municipality shall appoint registrars as necessary, and the appointments shall be entered on the minutes of the such governing authority. The municipal governing authority shall designate one of the registrars as chief registrar. The chief registrar will serve as such during such registrars term of office, and such designation shall likewise be entered on the minutes of the such governing authority. Such registrars shall serve at the pleasure of the municipal governing authority, and compensation of the registrars shall be fixed by the such governing authority. Any registrar shall have the right to resign at any time by submitting a resignation to such governing authority. In the event of any such removal or resignation of a registrar, such registrars duties and authority as such shall terminate instantly. Successors to resigned registrars shall be appointed by the municipal governing authority. Each appointment or change in designation shall be entered on the minutes of the such governing authority and certified by the governing authority. The municipal governing authority may furnish such employees and facilities as it deems necessary for the operation of the office and the affairs of the registrars." "(e) Any other provision of this Code section to the contrary notwithstanding, in any county of this state having a population of more than 600,000 according to the United States decennial census of 1990 or any future such census, the governing authority of the county shall appoint the county registrars in lieu of the judge of the superior court. The appointments shall be entered on the minutes of the county governing authority. The county governing authority shall designate one of the registrars as chief registrar, who shall serve as such during such registrars term of office. Such designation shall likewise be entered on the minutes of the such governing authority. It shall be the duty of the county governing authority to certify the appointments and designation to the Secretary of State within 30 days after such appointments and designation. In certifying such names to the Secretary of State, the county governing authority shall also list the addresses of the registrars. Such registrars shall serve at the pleasure of the governing authority of the county, and the compensation of the registrars shall be fixed by the governing authority of the county. Any registrar shall have the right to resign at any time by submitting a resignation to the such governing authority. In the event of the death, resignation, or removal of any registrar, such registrars duties and authority

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as such shall terminate instantly. Successors shall be appointed by the county governing authority. Each appointment or change in designation shall be entered on the minutes of the such governing authority and certified as provided in this Code section. The first appointments in any such county under this article shall be made in the year 1965, and the persons appointed shall assume office July 1, 1965. The governing authorities of such counties may furnish such employees and facilities as they deem necessary for the operation of the office and affairs of the registrars."
SECTION 19. Said chapter is further amended by repealing subsection (j) of Code Section 21-2-215, relating to registrars, registration, and the digitization of signatures from voter registration cards, which reads as follows:
"(j) At such time as the Secretary of State certifies that a system for the digitization of all or a portion of the completed registration cards is operational, the board of registrars shall expeditiously transmit the registration card for each elector whose registration has been approved to the Secretary of State. The Secretary of State shall retain such cards after processing for the period of time set forth in this article."
SECTION 20. Said chapter is further amended by striking subsection (a) of Code Section 21-2-230, relating to challenge of persons on list of electors by other electors, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any elector of the county or municipality may challenge the right of any other elector of the county or municipality, whose name appears on the list of electors, to vote in an election. Such challenge shall be in writing and specify distinctly the grounds of such challenge. Such challenge may be made at any time prior to the elector whose right to vote is being challenged voting at the electors polling place or, if such elector cast an absentee ballot, prior to 5:00 p.m. P.M. on the day before the election; provided, however, that challenges to persons voting by absentee ballot in person at the office of the registrars or the absentee ballot clerk whose vote is cast on a DRE unit must be made prior to such persons voting."
SECTION 21. Said chapter is further amended by striking subsection (f) of Code Section 21-2-231, relating to lists of persons convicted of felonies, persons declared mentally incompetent, and deceased persons provided to Secretary of State, and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) County registrars shall initiate appropriate action regarding the right of an elector to remain on the list of qualified registered voters within 60 days after receipt of the information described in this Code section. Failure to take such action may subject the registrars or the county governing authority for whom the registrars are acting to a fine by the State Election Board."

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SECTION 22. Said chapter is further amended by striking subsections (b) and (c) of Code Section 21-2233, relating to comparison of change of address information supplied by United States Postal Service, and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) If it appears from the change of address information supplied by the licensees of the United States Postal Service that an elector whose name appears on the official list of electors has moved to a different address in the county in which the elector is presently registered, the list of electors shall be changed to reflect the new address and the elector shall be sent a notice of the change by forwardable mail at both the electors old address and the new address with a postage prepaid, preaddressed return form by which the elector may verify or correct the address information. The registrars may also send a notice of the change by forwardable mail to the electors new address with a postage prepaid, preaddressed return form by which the elector may verify or correct the address information. (c) If it appears from the change of address information supplied by the licensees of the United States Postal Service that an elector whose name appears on the official list of electors has moved to a different address outside of the boundaries of the county or municipality in which the elector is presently registered, such elector shall be sent a confirmation notice as provided in Code Section 21-2-234 at both the old and new addresses address of the elector. The registrars may also send a confirmation notice to the electors new address. If the elector confirms the change of address to an address outside of the boundaries of the county or municipality in which the elector is presently registered, the electors name shall be removed from the appropriate list of electors. If the elector responds to the notice and affirms that the elector has not moved, the elector shall remain on the list of electors at the electors current address. If the elector fails to respond to the notice within 30 days after the date of the notice, the elector shall be transferred to the inactive list provided for in Code Section 21-2-235."
SECTION 23. Said chapter is further amended by striking Code Section 21-2-264, relating to reimbursement of counties for costs incurred pursuant to alteration of precinct boundaries, and inserting in lieu thereof a new Code Section 21-2-264 to read as follows:
"21-2-264. In all cases of the division, redivision, alteration, formation, or consolidation of precincts, the costs of the proceedings shall be paid by the county or municipal governing authority, as appropriate. There may be appropriated to the Secretary of State funds to be granted to counties or municipalities for purposes of meeting the requirements of Code Section 21-2-261.1. Upon the filing of a written request by the election officials of any qualified county or municipality, a qualified county or municipality shall be reimbursed for all reasonable expenses incurred by such county or municipality which are directly related to the redrawing of voting precinct boundaries, verification of voting precinct residency, notification of voter precinct and polling place

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changes, and compilation and preparation of the electors list as necessitated by Code Section 21-2-261.1; provided, however, that such reimbursement of costs shall not exceed 25 per registered voter whose name appeared on such countys or municipalitys electors list as of January 1, 1982. Any qualified county or municipality seeking reimbursement of such costs shall present an itemized description of such costs to the Secretary of State. If the Secretary of State, after a review of the report of such costs incurred by a county or municipality, shall find that all or portions of such costs were reasonable and were directly related to the preparation of such descriptions and lists, he or she shall approve all of those parts of the costs deemed reasonable and shall reimburse the counties or municipalities for such expenses. Any state funds necessary to carry out the provisions of this subsection shall come only from those funds appropriated to the Secretary of State specifically for the purpose of implementing the provisions of Code Section 21-2-261.1. If such funds are not sufficient to bear completely the cost of fully implementing the provisions of Code Section 21-2-261.1, payment to the counties or municipalities seeking assistance shall be made on a pro rata basis subject to the availability of appropriated funds."
SECTION 24. Said chapter is further amended by striking Code Section 21-2-267, relating to equipment, arrangement, and storage relating to polling places, and inserting in lieu thereof a new Code Section 21-2-267 to read as follows:
"21-2-267. (a) The governing authority of each county and municipality shall provide and the superintendent shall cause all rooms used as polling places to be provided with suitable heat and light and, in precincts in which ballots are used, with a sufficient number of voting compartments or booths with proper supplies in which the electors may conveniently mark their ballots, with a curtain, screen, or door in the upper part of the front of each compartment or booth so that in the marking thereof they may be screened from the observation of others. A curtain, screen, or door shall not be required, however, for the self-contained units used as voting booths in which direct recording electronic (DRE) voting units are located if such booths have been designed so as to ensure the privacy of the elector. When practicable, every polling place shall consist of a single room, every part of which is within the unobstructed view of those present therein and shall be furnished with a guardrail or barrier closing the inner portion of such room, which guardrail or barrier shall be so constructed and placed that only such persons as are inside such rail or barrier can approach within six feet of the ballot box and voting compartments, or booths, or voting machines, as the case may be. The ballot box and voting compartments or booths shall be so arranged in the voting room within the enclosed space as to be in full view of those persons in the room outside the guardrail or barrier. The voting machine or machines shall be placed in the voting rooms within the enclosed space so that, unless its construction shall otherwise require, the ballot labels on the face of the machine can be plainly seen by the poll officers when the machine is not occupied by an elector. In the case of direct recording

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electronic (DRE) voting units, the units shall be arranged in such a manner as to ensure the privacy of the elector while voting on such units, to allow monitoring of the units by the poll officers while the polls are open, and to permit the public to observe the voting without affecting the privacy of the electors as they vote. (b) The superintendent, unless otherwise provided by law, may make such arrangements as he or she deems proper for the storage of election equipment in the various precincts of the county or municipality at such times of the year that it will not be used for election purposes and may fix reasonable compensation therefor."
SECTION 25. Said chapter is further amended by striking Code Section 21-2-268, relating to compensation for rent, heat, light, and janitorial services for the use of public buildings, and inserting in lieu thereof a new Code Section 21-2-268 to read as follows:
"21-2-268. The superintendent or county or municipal governing authority shall fix the compensation for rent, heat, light, and janitorial services to be paid for the use of polling places for primaries and elections; provided, however, that no compensation for rent, heat, or light shall be paid in the case of schoolhouses, municipal buildings or rooms, or other public buildings used as polling places."
SECTION 26. Said chapter is further amended by striking Code Section 21-2-280, relating to requirement as to conduct of primaries and elections by ballot, and inserting in lieu thereof a new Code Section 21-2-280 to read as follows:
"21-2-280. All primaries and elections in this state shall be conducted by ballot, except when voting machines are used as provided by law. A ballot may be electronic or printed on paper. All ballots used in any primary or election shall be provided by the superintendent or municipal governing authority in accordance with this article, and only official ballots furnished by the superintendent or governing authority shall be cast or counted in any primary or election in any precinct in which ballots are used."
SECTION 27. Said chapter is further amended by striking Code Section 21-2-283, relating to printing and safekeeping of ballots and labels by superintendent, and inserting in lieu thereof a new Code Section 21-2-283 to read as follows:
"21-2-283. In any primary or election, the superintendent or municipal governing authority shall cause all the ballots and ballot labels to be printed accurately and in the form prescribed by this chapter, and the superintendent or municipal governing authority shall be responsible for the safekeeping of the same while in his or her or its possession or that of his or her or its agent. The superintendent or municipal governing authority shall keep a record of the number of official ballots printed and furnished to each precinct at

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each primary and election, and the number of stubs, unused ballots, and canceled ballots subsequently returned therefrom."
SECTION 28. Said chapter is further amended by striking subsection (e) of Code Section 21-2-285, relating to the form of the official election ballot, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) When presidential electors are to be elected, the ballot shall not list the individual names of the nominees candidates for presidential electors but shall list the names of each political party or body for such offices shall be arranged alphabetically under or body and the names of the candidates of the party or body for the offices of President and Vice President of the United States. The individual names or the nominees of each political party or body for such offices shall be posted at each polling place arranged alphabetically under the names of the candidates of the party or body for President and Vice President of the United States. A vote for the candidates for President and Vice President of a political party or body shall be deemed to be a vote for each of the candidates for presidential electors of such political party or body."
SECTION 29. Said chapter is further amended by striking Code Section 21-2-320, relating to power of governing authority to authorize use of and to procure voting machines, and inserting in lieu thereof a new Code Section 21-2-230 to read as follows:
"21-2-320. The governing authority of any county or municipality may at any regular meeting or at a special meeting called for the purpose, by a majority vote, authorize and direct the use of voting machines for recording and computing the vote at all elections held in the county or municipality; and thereupon the governing authority shall purchase, lease, rent, or otherwise procure voting machines conforming to the requirements of this part."
SECTION 30. Said chapter is further amended by striking Code Section 21-2-321, relating to referendum on question of use of voting machines, and inserting in lieu thereof a new Code Section 21-2-321 to read as follows:
"21-2-321. (a) The governing authority of any county or municipality which conducts elections by paper ballot may, upon its own motion, submit to the electors of the county or municipality, at any election, the question: 'Shall voting machines be used in __________?' (b) The governing authority of any county or municipality which conducts elections by paper ballot, upon the filing of a petition with it signed by electors of the county equal in number to at least 1 percent of the total number of electors who voted in such county at the preceding general election or upon the receipt of a petition signed by at least 10

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percent of the electors who voted in such municipality at the preceding general election, shall, at the next election occurring at least 45 days thereafter, submit to the electors of such county or municipality the question: 'Shall voting machines be used in __________?' (c) The governing authority shall cause such question to be printed upon the ballots to be used at the election in the form and manner provided by the laws governing general elections. (d) The election on such question shall be held at the places, during the hours, and under the regulations provided by law for holding general elections and shall be conducted by the poll officers provided by law to conduct such elections. The poll officers shall count the votes cast at the election on such question and shall make return thereof to the superintendent of such county or municipality as required by law. The returns shall be computed by the superintendent and, when so computed, a certificate of the total number of electors voting 'Yes' and of the total number of electors voting 'No' on such question shall be filed in the office of the municipal governing authority and in the office of the Secretary of State. (e) Whenever, under this Code section, the question of the adoption of voting machines is about to be submitted to the electors of any county or municipality, it shall be the duty of the governing authority of such county or municipality to ascertain whether current funds will be available to pay for such machines, if adopted and purchased, or whether it has power to increase the indebtedness of the county or municipality in an amount sufficient to pay for the machines without the consent of the electors; and, if such current funds will not be available and the power to increase the indebtedness of the county or municipality in a sufficient amount without the consent of the electors is lacking, it shall be the duty of the governing authority to submit to the electors of the county or municipality, in the manner provided by law, at the same election at which the adoption of voting machines is to be voted on, the question of whether the indebtedness of such county or municipality shall be increased, in an amount specified by them, sufficient to pay for such voting machines, if adopted. (f) If a majority of the electors voting on such question or questions shall vote in the affirmative, the governing authority of such county or municipality shall purchase, lease, or rent voting machines, conforming to the requirements of this part, for recording and computing the vote at all elections held in such county or municipality."
SECTION 31. Said chapter is further amended by striking Code Section 21-2-323, relating to installation of voting machines, and inserting in lieu thereof a new Code Section 21-2323 to read as follows:
"21-2-323. (a) When the use of voting machines has been authorized in the manner prescribed by Code Section 21-2-320 or 21-2-321, such voting machines shall be installed, either simultaneously or gradually, within the county or municipality. Upon the installation of

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voting machines in any precinct, the use of paper ballots therein shall be discontinued, except as otherwise provided by this chapter. (b) In each precinct in which voting machines are used, the municipal governing authority shall provide at least one voting machine for each 500 electors, or major fraction thereof, except that at least one voting machine shall be provided in each such precinct in any case. (c) Voting machines of different kinds may be used for different precincts in the same county or municipality. (d) The municipal governing authority shall provide voting machines in good working order and of sufficient capacity to accommodate the names of a reasonable number of candidates for all party offices and nominations and public offices, which, under existing laws and party rules, are likely to be voted for at any future primary or election."
SECTION 32. Said chapter is further amended by striking subsection (g) of Code Section 21-2-324, relating to examination and approval of voting machines by Secretary of State, and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) Neither the Secretary of State, nor any examiner appointed by him or her for the purpose prescribed by this Code section, nor any superintendent, nor the governing authority of any county or municipality or a member of such authority, nor any other person involved in the examination process shall have any pecuniary interest in any voting machine or in the manufacture or sale thereof."
SECTION 33. Said chapter is further amended by striking Code Section 21-2-327, relating to preparation of voting machines, and inserting in lieu thereof a new Code Section 21-2327 to read as follows:
"21-2-327. (a) The superintendent of each county or municipality shall cause the proper ballot labels to be placed on each voting machine which is to be used in any precinct within such county or municipality, cause each machine to be placed in proper order for voting, examine each machine before it is sent out to a polling place, see that each registering counter on each machine is set at zero, lock each machine so that the counting machinery cannot be operated, and seal each machine with a numbered seal. The superintendent or his or her agent shall adjust each machine to be used at a primary, so that the poll officers may lock it on primary day, in such a way that each elector can vote only for the candidates seeking nomination by the political party in whose primary he or she is then voting and so that no elector can vote for the candidates seeking nomination by any political party in whose primary he or she is not then voting. (b) The superintendent shall appoint one custodian of voting machines and such deputy custodians as may be necessary, whose duty it shall be to prepare the machines to be

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used in the county at the primaries and elections to be held therein. Each custodian and deputy custodian shall receive from the county or municipality such compensation as shall be fixed by the governing authority of the county or municipality. Such custodian shall, under the direction of the superintendent, have charge of and represent the superintendent during the preparation of the voting machines as required by this chapter, and he or she and the deputy custodians, whose duty it shall be to assist him or her in the discharge of his or her duties, shall serve at the pleasure of the superintendent. Each custodian shall take an oath of office framed by the Secretary of State, which shall be filed with the superintendent. (c) On or before the twelfth day preceding a primary or election, including special primaries, special elections, and referendum elections, the superintendent shall mail to the foreperson of the grand jury, the chairperson of the county executive committee of each political party which shall be entitled under existing laws to participate in primaries within the county, and to the chairperson or presiding officer of any organization of citizens within the county having as its purpose or among its purposes the investigation or prosecution of primary and election frauds, which has registered its name and address and the names of its principal officers with the superintendent at least 30 days before such primary or election, and, in the case of an election, to the appropriate committee of each political body which shall be entitled to have the names of its candidates entered on the voting machines, and to each independent candidate who shall be entitled to have his or her name printed on the voting machines, a written notice stating the times when and the place or places where preparation of the machines for use in the several precincts in the county will be started. The grand jury shall appoint a committee, consisting of three of its members, which shall inspect the machines and see that the machines are properly prepared and are placed in proper condition and order for use. In the event the committee of the grand jury fails to be present, the superintendent shall immediately appoint a panel consisting of three electors to perform the duties of the committee of the grand jury set forth in this Code section. Further, one representative of each political party or body, certified by the chairperson of such political party or body, and one representative of each aforementioned organization of citizens, certified by the chairperson or presiding officer of such organization, and any such independent candidate or his or her certified agent shall be entitled to be present during the preparation of the machines and to see that the machines are properly prepared and are placed in proper condition and order for use. Such committee of the grand jury, representatives, or candidates shall not, however, interfere with the preparation of the machines; and the superintendent may make such reasonable rules and regulations concerning the conduct of such representatives and candidates. (d) The custodian and deputy custodians of voting machines and the members of the committee of the grand jury, if any, shall make an affidavit, which each shall sign, and request each representative of a party, body, or a citizens organization, or candidate or his or her agent present at the preparation of the machine to attest, and which shall be

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filed with the superintendent, or in the case of a municipal election or primary, the city clerk, stating:
(1) The identifying number or other designation of the voting machine; (2) That each registering counter on the machine was set at zero; (3) The number registered on the protective counter or other device of the machine; and (4) The number on the seal with which the machine is sealed. (e) No superintendent nor custodian nor other employee of the superintendent shall, in any way, prevent free access to and examination of all voting machines which are to be used at the primary or election by any of the duly appointed representatives or candidates aforesaid; and the superintendent and his or her employees shall afford to each such representative or candidate every facility for the examination of all registering counters, protective counters, and public counters of each and every voting machine. (f) In every primary or election, the superintendent shall furnish, at the expense of the county or municipality, all ballot labels, forms of certificates, and other papers and supplies which are required under this chapter and which are not furnished by the Secretary of State, all of which shall be in the form and according to the specifications prescribed from time to time by the Secretary of State. In the case of a municipal primary, ballot labels and other materials necessary for the preparation of the voting machines shall be furnished free of charge to the municipal superintendent by the political party conducting such primary."
SECTION 34. Said chapter is further amended by striking subsection (a) of Code Section 21-2-330, relating to public exhibition of and instruction on sample voting machine, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) During the 30 days next preceding a general primary or election or during the ten days next preceding a special primary or election, other than in the case of municipal primaries and elections, and during the five days preceding a municipal general primary or election or during the three days preceding a municipal special primary or election, the superintendent shall place on public exhibition, in such public places and at such times as he or she may deem most suitable for the information and instruction of the electors, one or more voting machines containing the ballot labels and showing the offices and questions to be voted upon, the names and arrangements of parties and bodies, and, so far as practicable, the names and arrangements of the candidates to be voted for. Such machine or machines shall be under the charge and care of a person competent as custodian and instructor. No voting machine which is to be assigned for use in a primary or election shall be used for such public exhibition and instruction after having been prepared and sealed for the primary or election."
SECTION 35. Said chapter is further amended by striking subsection (a) of Code Section 21-2-331,

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relating to designation and compensation of custodians of voting machines and keys, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The superintendent, or in the case of municipal primaries or elections, the governing authority, shall designate a person or persons who shall have the custody of the voting machines of the county or municipality and the keys therefor when the machines are not in use at a primary or election and shall provide for his or her compensation and for the safe storage and care of the machines and keys."
SECTION 36. Said chapter is further amended by striking Code Section 21-2-333, relating to responsibility of county or municipal governing authority to provide for payment for voting machines, and inserting in lieu thereof a new Code Section 21-2-333 to read as follows:
"21-2-333. The governing authority of any county or municipality which adopts voting machines in a manner provided for by this article shall, upon the purchase of voting machines, provide for their payment by the county or municipality. Bonds or other evidence of indebtedness may be issued in accordance with the provisions of law relating to the increase of indebtedness of counties or municipalities to meet all or any part of the cost of the voting machines."
SECTION 37. Said chapter is further amended by striking subsections (b) and (d) of Code Section 21-2367, relating to installation of optical scanning voting systems, and inserting in lieu thereof new subsections (b) and (d) to read as follows:
"(b) In each precinct in which optical scanning voting systems are used, the county or municipal governing authority, as appropriate, shall provide at least one voting booth or enclosure for each 200 electors therein, or fraction thereof." "(d) The county or municipal governing authority, as appropriate, shall provide optical scanning voting systems in good working order and of sufficient capacity to accommodate the names of a reasonable number of candidates for all party offices and nominations and public offices which, under the provisions of existing laws and party rules, are likely to be voted for at any future primary or election."
SECTION 38. Said chapter is further amended by striking subsection (b) of Code Section 21-2-369, relating to printing of optical scanning ballots, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The arrangement of offices, names of candidates, and questions upon the ballots shall conform as nearly as practicable to this chapter for the arrangement of same on paper ballots; provided, however, that such form may be varied in order to present a clear presentation of candidates and questions to the electors and that the ballots shall not be required to have a name stub."

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SECTION 39. Said chapter is further amended by striking subsection (b) of Code Section 21-2-374, relating to proper programming of optical scanning systems, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) On or before the third day preceding a primary or election, including special primaries, special elections, and referendum elections, the superintendent shall have the optical scanning tabulators tested to ascertain that they will correctly count the votes cast for all offices and on all questions. Public notice of the time and place of the test shall be made at least five days prior thereto; provided, however, that, in the case of a runoff, the public notice shall be made at least three days prior thereto. Representatives of political parties and bodies, candidates, news media, and the public shall be permitted to observe such tests. The test shall be conducted by processing a preaudited group of ballots so marked as to record a predetermined number of valid votes for each candidate and on each question and shall include for each office one or more ballots which are improperly marked and one or more ballots which have votes in excess of the number allowed by law in order to test the ability of the optical scanning tabulator to reject such votes. The optical scanning tabulator shall not be approved unless it produces an errorless count. If any error is detected, the cause therefor shall be ascertained and corrected; and an errorless count shall be made before the tabulator is approved. The superintendent shall cause the pretested tabulators to be placed at the various polling places to be used in the primary or election. The superintendent shall require that each optical scanning tabulator be thoroughly tested and inspected prior to each primary and election in which it is used and shall keep such tested material as certification of an errorless count on each tabulator. In counties using central count optical scanning tabulators, the same test shall be repeated immediately before the start of the official count of the ballots and at the conclusion of such count. Precinct tabulators shall produce a zero tape prior to any ballots being inserted on the day of any primary or election."
SECTION 40. Said chapter is further amended by striking subsections (b) and (c) of Code Section 21-2379.6, relating to maintenance of DRE voting systems and supplies, and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) The superintendent may appoint, with the approval of the county or municipal governing authority, as appropriate, a custodian of the DRE units, and deputy custodians as may be necessary, whose duty shall be to prepare the units to be used in the county or municipality at the primaries and elections to be held therein. Each custodian and deputy custodian shall receive from the county or municipality such compensation as shall be fixed by the governing authority of the county or municipality. Such custodian shall, under the direction of the superintendent, have charge of and represent the superintendent during the preparation of the units as required by this chapter. The custodian and deputy custodians shall serve at the pleasure of the superintendent. Each custodian shall take an oath of office prepared by

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the Secretary of State before each primary or election which shall be filed with the superintendent. (c) On or before the third day preceding a primary or election, including special primaries, special elections, and referendum elections, the superintendent shall have each DRE unit tested to ascertain that it will correctly count the votes cast for all offices and on all questions in a manner that the State Election Board shall prescribe by rule or regulation. On or before the third day preceding a primary runoff or election runoff, including special primary runoffs and special election runoffs, the superintendent shall test a number of DRE units at random to ascertain that the units will correctly count the votes cast for all offices. If the total number of DRE units in the county or municipality is 30 units or less, all of the units shall be tested. If the total number of DRE units in the county or municipality is more than 30 but not more than 100, then at least one-half of the units shall be tested at random. If there are more than 100 DRE units in the county or municipality, the superintendent shall test at least 15 percent of the units at random. In no event shall the superintendent test less than one DRE unit per precinct. All memory cards to be used in the runoff shall be tested. Public notice of the time and place of the test shall be made at least five days prior thereto; provided, however, that, in the case of a runoff, the public notice shall be made at least three days prior thereto. Representatives of political parties and bodies, news media, and the public shall be permitted to observe such tests."

SECTION 41. Said chapter is further amended by striking subsections (c) and (d) of Code Section 21-2384, relating to preparation and delivery of absentee ballot supplies, and inserting in lieu thereof new subsections (c) and (d) to read as follows:
"(c)(1) The oaths referred to in subsection (b) of this Code section shall be in substantially the following form:
I, the undersigned, do swear (or affirm) that I am a citizen of the United States and of the State of Georgia; that my residence address is __________ County, Georgia; that I possess the qualifications of an elector required by the laws of the State of Georgia; that I am entitled to vote in the precinct containing my residence in the primary or election in which this ballot is to be cast; that I am eligible to vote by absentee ballot; that I have not marked or mailed any other absentee ballot, nor will I mark or mail another absentee ballot for voting in such primary or election; nor shall I vote therein in person; and that I have read and understand the instructions accompanying this ballot; and that I have carefully complied with such instructions in completing this ballot. I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law.

____________________ Electors Residence Address

________________________ Electors Place of Birth

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____________________ Month and Day of Electors Birth
________________________ Signature or Mark of Elector Oath of Person Assisting Elector (if any): I, the undersigned, do swear (or affirm) that I assisted the above-named elector in marking such electors absentee ballot as such elector personally communicated such electors preference to me; that I am satisfied that such elector presently possesses the disability noted below; and that by reason of such disability such elector is entitled to receive assistance in voting under provisions of subsection (a) of Code Section 21-2-409. This, the ______ day of _________ _________. ________________________ Signature of Person Assisting
Elector -- Relationship Reason for assistance (Check appropriate square):
( ) Elector is unable to read the English language. ( ) Elector has following physical disability _________________________. The forms upon which such oaths are printed shall contain the following information: Georgia law provides, in subsection (b) of Code Section 21-2-409, that no person shall assist more than ten electors in any primary or election. Georgia law further provides that any person who knowingly falsifies information so as to vote illegally by absentee ballot or who illegally gives or receives assistance in voting, as specified in Code Section 21-2-568, 21-2-573, or 21-2-579, shall be guilty of a misdemeanor. (2) In the case of absent uniformed services or overseas voters, if the Presidential presidential designee under Section 705(b) of the federal Help America Vote Act promulgates a standard oath for use by such voters, the Secretary of State shall be required to use such oath on absentee ballot materials for such voters and such oath shall be accepted in lieu of the oath set forth in paragraph (1) of this subsection. (d) Each board of registrars or absentee ballot clerk shall maintain for public inspection a master list, arranged by precincts, setting forth the name and residence of every elector to whom an official absentee ballot has been sent. Absentee electors whose names appear on the master list may be challenged by any elector prior to 12:00 Noon 5:00 P.M. on the day of before the primary or election."
SECTION 42. Said chapter is further amended by striking subsection (e) of Code Section 21-2-386, relating to safekeeping, certification, and validation of absentee ballots, and inserting in lieu thereof a new subsection (e) to read as follows:

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"(e) If an absentee electors right to vote has been challenged for cause, a poll officer shall open the envelopes and write 'Challenged,' the electors name, and the alleged cause of challenge on the back of the ballot, without disclosing the markings on the face thereof, and shall deposit the ballot in the box; and it shall be counted as other challenged ballots are counted. In the case of absentee votes cast on direct recording electronic voting systems, the ballots shall be coded in such a way that the ballot of a challenged voter can be separated from other valid ballots at the time of tabulation and the challenged ballots shall be counted or rejected in accordance with Code Section 212-230. Where direct recording electronic voting systems are used for absentee balloting and a challenge to an electors right to vote is made prior to the time that the elector votes, the elector shall vote on a paper or optical scanning ballot and such ballot shall be handled as provided in this subsection. The board of registrars or absentee ballot clerk shall promptly notify the elector of such challenge."
SECTION 43. Said chapter is further amended by striking Code Section 21-2-387, relating to procedure as to ballots of deceased electors, and inserting in lieu thereof a new Code Section 21-2387 to read as follows:
"21-2-387. Whenever it shall be made to appear by due proof to the managers that an absentee elector who has marked and forwarded or delivered his or her ballot as provided in this article has died prior to the opening of the polls on the day of the primary or election, the ballot of such deceased elector shall be returned by the managers in the same manner as provided for rejected ballots Reserved."
SECTION 44. Said chapter is further amended by striking subsection (a) of Code Section 21-2-400, relating to duty of superintendent to obtain cards of instruction, blank forms of oaths, and other forms and supplies, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Prior to each primary and election, the superintendent shall obtain from the Secretary of State a sufficient number of cards of instruction for guidance of electors. Such cards of instruction shall include such portions of this chapter as deemed necessary by the Secretary of State and shall be printed for the type of voting equipment or ballots used in the county or municipality. The superintendent shall also obtain from the Secretary of State a sufficient number of blank forms of oaths of poll officers, voters certificates, voting rights posters, notices of penalties, oaths of assisted electors, numbered list of voters, tally sheets, return sheets, and such other forms and supplies required by this chapter, in each precinct of the county or municipality."
SECTION 45. Said chapter is further amended by striking subsections (a) and (b) of Code Section 21-2408, relating to poll watchers, and inserting in lieu thereof new subsections (a) and (b) to

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read as follows: "(a)(1) In a primary or run-off primary, each candidate entitled to have his or her name placed on the primary or run-off primary ballot may submit the name of one poll watcher for each precinct in which he or she wishes to have an observer to the chairperson or secretary of the appropriate party executive committee at least 21 days prior to such primary or 14 days prior to such run-off primary. The appropriate party executive committee shall designate at least seven days prior to such primary or runoff primary no more than two poll watchers for each precinct, such poll watchers to be selected by the committee from the list submitted by party candidates. Official poll watchers shall be given a letter signed by the party chairperson and secretary, if designated by a political party, containing the following information: name of official poll watcher, address, precinct in which he or she shall serve, and name and date of primary or run-off primary. At least three days prior to the primary, a copy of the letter shall be delivered to the superintendent of the county or municipality in which the poll watcher is to serve. (2) In a primary or run-off primary, each candidate entitled to have his or her name placed on the primary or run-off primary ballot may submit the name of one poll watcher for each location at which advance voting is conducted pursuant to subsection (b) of Code Section 21-2-380 in which he or she wishes to have an observer to the chairperson or secretary of the appropriate party executive committee at least 21 days prior to the beginning of the advance voting period for a primary or 14 days prior to such period in a run-off primary. The appropriate party executive committee shall designate at least seven days prior to such advance voting period for a primary or runoff primary no more than two poll watchers for each advance voting location, such poll watchers to be selected by the committee from the list submitted by party candidates. Official poll watchers shall be given a letter signed by the party chairperson and secretary, if designated by a political party, containing the following information: name of official poll watcher, address, precinct in which he or she shall serve, and name and date of primary or run-off primary. At least three days prior to the beginning of the advance voting period, a copy of the letter shall be delivered to the superintendent and the chief registrar of the county or municipality in which the poll watcher is to serve. (b)(1) In an election or run-off election, each political party and political body shall each be entitled to designate, at least seven days prior to such election or run-off election, no more than two official poll watchers in each precinct to be selected by the appropriate party or body executive committee. Each independent candidate shall be entitled to designate one poll watcher in each precinct. In addition, candidates running in a nonpartisan election shall be entitled to designate one poll watcher in each precinct. Each poll watcher shall be given a letter signed by the appropriate political party or body chairperson and secretary, if a party or body designates same, or by the independent or nonpartisan candidate, if named by the independent or nonpartisan candidate. Such letter shall contain the following information: name of official poll watcher, address, precinct in which he or she shall serve, and date of

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election or run-off election. At least three days prior to the election, a copy of the letter shall be delivered to the superintendent of the county or municipality in which the poll watcher is to serve. (2) In an election or run-off election, each political party and political body, which body is registered pursuant to Code Section 21-2-110 and has nominated a candidate for state-wide office, shall additionally be entitled to designate, at least 14 days prior to such election or run-off election, no more than five 25 official state-wide poll watchers to be selected by the appropriate party or body executive committee. Each independent candidate shall also be entitled to designate five no more than 25 official state-wide poll watchers. In addition, candidates running in a state-wide nonpartisan election shall be entitled to designate five no more than 25 official state-wide poll watchers. All such designations of state-wide poll watchers shall be in writing and made and submitted to the State Election Board. A state-wide poll watcher shall have the same powers and duties as poll watchers and shall be entitled to watch the polls in any precinct in the state but shall otherwise be subject to all limitations and prohibitions placed on poll watchers; provided, however, that no more than two statewide poll watchers of a political party or body, of an independent candidate, or of a nonpartisan candidate shall be in the same polling place simultaneously. Each statewide poll watcher shall be given a letter signed by the chairperson of the State Election Board. Such letter shall contain the following information: name of official state-wide poll watcher, address, a statement that such poll watcher is a state-wide poll watcher, and date of election or run-off election. At least three days prior to the election, a copy of the letter shall be delivered to the superintendent of each county in which the poll watcher might serve.
(3)(A) In an election or run-off election, each political party and political body shall each be entitled to designate, at least seven days prior to the beginning of the advance voting period for such election or run-off election, no more than two official poll watchers for each location at which advance voting is conducted pursuant to subsection (b) of Code Section 21-2-380 to be selected by the appropriate party or body executive committee. Each independent candidate shall be entitled to designate one poll watcher for each location at which advance voting is conducted pursuant to subsection (b) of Code Section 21-2-380. In addition, candidates running in a nonpartisan election shall be entitled to designate one poll watcher for each location at which advance voting is conducted pursuant to subsection (b) of Code Section 21-2-380. Each poll watcher shall be given a letter signed by the appropriate political party or body chairperson and secretary, if a party or body designates same, or by the independent or nonpartisan candidate, if named by the independent or nonpartisan candidate. Such letter shall contain the following information: name of official poll watcher, address, precinct in which he or she shall serve, and date of election or run-off election. At least three days prior to the beginning of the advance voting period for such election, a copy of the letter shall be delivered to the superintendent and the chief registrar of the county or municipality in which the poll watcher is to serve.

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(B) In an election or run-off election, each political party and political body, which body is registered pursuant to Code Section 21-2-110 and has nominated a candidate for state-wide office, shall additionally be entitled to designate, at least 14 days prior to the beginning of the advance voting period for such election or run-off election, no more than 25 official state-wide poll watchers for such advance voting period to be selected by the appropriate party or body executive committee. Each independent candidate shall also be entitled to designate no more than 25 official state-wide poll watchers for such advance voting period. In addition, candidates running in a state-wide nonpartisan election shall be entitled to designate no more than 25 official state-wide poll watchers for such advance voting period. All such designations of state-wide poll watchers shall be in writing and made and submitted to the State Election Board. A state-wide poll watcher shall have the same powers and duties as poll watchers and shall be entitled to watch any advance voting location in the state but shall otherwise be subject to all limitations and prohibitions placed on poll watchers; provided, however, that no more than two state-wide poll watchers of a political party or body, of an independent candidate, or of a nonpartisan candidate shall be in an advance voting location simultaneously. Each state-wide poll watcher shall be given a letter signed by the chairperson of the State Election Board. Such letter shall contain the following information: name of official state-wide poll watcher, address, a statement that such poll watcher is a state-wide poll watcher for advance voting, and date of election or run-off election. At least three days prior to the beginning of the advance voting period for such election, a copy of the letter shall be delivered to the superintendent and chief registrar of each county in which the poll watcher might serve."
SECTION 46. Said chapter is further amended by striking subsections (c) and (d) of Code Section 21-2414, relating to restrictions on campaign activities and public opinion polling within the vicinity of a polling place, and inserting in lieu thereof new subsections (c), (d), and (d.1) to read as follows:
"(c) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters within a room under the control or supervision of the registrars or absentee ballot clerk in which absentee ballots are being cast on any day or within 150 feet of any elector waiting to cast an absentee ballot pursuant to subsection (b) of Code Section 21-2-380. No campaign literature, booklet, pamphlet, card, sign, or other written or printed matter shall be displayed in any building containing a room under the control or supervision of the registrars or absentee ballot clerk in which absentee ballots are cast during the period when absentee ballots are available for voting. These restrictions shall not apply to conduct occurring in private offices or areas which cannot be seen or heard by such electors.

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(d) No person shall solicit signatures for any petition within a room under the control or supervision of the registrars or absentee ballot clerk in which absentee ballots are being cast on any day. (d.1) Rooms under the control or supervision of the registrars or absentee ballot clerk in which absentee ballots are cast shall be considered polling places."
SECTION 47. Said chapter is further amended by striking Code Section 21-2-418, relating to provisional ballots, and inserting in lieu thereof a new Code Section 21-2-418 to read as follows:
"21-2-418. (a) If a person presents himself or herself at a polling place, absentee polling place, or registration office for the purpose of casting a ballot in a primary or election believing that he or she has timely registered to vote in such primary or election and the persons name does not appear on the list of registered electors and it cannot be immediately determined that the person did timely register to vote in such primary or election, the person shall be entitled to cast a provisional ballot as provided in this Code section. (b) Such person voting a provisional ballot shall complete an official voter registration form and a provisional ballot voting certificate which shall include information about the place, manner, and approximate date on which the person registered to vote. The person shall swear or affirm in writing that he or she previously registered to vote in such primary or election, is eligible to vote in such primary or election, has not voted previously in such primary or election, and meets the criteria for registering to vote in such primary or election. The form of the provisional ballot voting certificate shall be prescribed by the Secretary of State. The person shall also present the identification required by Code Section 21-2-417. (c) When the person has provided the information as required by this Code section, the person shall be issued a provisional ballot and allowed to cast such ballot as any other duly registered elector subject to the provisions of Code Section 21-2-419. (d) Notwithstanding any provision of this chapter to the contrary, in primaries and elections in which there is a federal candidate on the ballot, in the event that the time for closing the polls at a polling place or places is extended by court order, all electors who vote during such extended time period shall vote by provisional ballot only. Such ballots shall be separated and held apart from other provisional ballots cast by electors during normal poll hours. Primaries and elections in which there is no federal candidate on the ballot shall not be subject to the provisions of this subsection. (e) The registrars shall establish a free access system, such as a toll-free telephone number or Internet website, by which any elector who casts a provisional ballot in a primary or election, or runoff of either, in which federal candidates are on the ballot may ascertain whether such ballot was counted and, if such ballot was not counted, the reason why such ballot was not counted. The registrars shall establish and maintain reasonable procedures necessary to protect the security, confidentiality, and integrity of personal information collected, stored, or otherwise used by such free access system.

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Access to such information about an individual provisional ballot shall be restricted to the elector who cast such ballot. (f) At the time an elector casts a provisional ballot, the poll officers shall give the elector written information that informs the elector of the existence of the free access system required by subsection (e) of this Code section by which the elector will be able to ascertain if his or her ballot was counted and, if such ballot was not counted, the reason why such ballot was not counted. (g) Failure to establish such free access system shall subject the registrars and the county by which the registrars are employed to sanctions by the State Election Board. (h) Notwithstanding any other provision of this chapter to the contrary, in the event that the voting machines or DRE units at a polling place malfunction and cannot be used to cast ballots or some other emergency situation exists which prevents the use of such equipment to cast votes, provisional ballots may be used by the electors at the polling place to cast their ballots. In such event, the ballots cast by electors whose names appear on the electors list for such polling place shall not be considered provisional ballots and shall not require verification as provided by Code Section 21-2419; provided, however, that persons whose names do not appear on the electors list for such polling place shall vote provisional ballots which shall be subject to verification under Code Section 21-2-419."
SECTION 48. Said chapter is further amended by striking Code Section 21-2-430, relating to opening of ballot boxes and posting of instruction cards and notices of penalties, and inserting in lieu thereof a new Code Section 21-2-430 to read as follows:
"21-2-430. In precincts in which ballots are used, the poll officers shall, after taking the oath, publicly open the ballot boxes which have been furnished to them and shall, prior to opening of the polls, totally destroy any ballots and other papers which they may find therein which are not intended for use in such primary or election. When the polling place is opened, the ballot box shall be securely locked and shall not be opened until the close of the polls, as provided in Code Section 21-2-436. At the opening of the polls, the seals of the packages furnished by the superintendent shall be publicly broken and such packages shall be opened by the chief manager. The cards of instruction shall be immediately posted in each voting compartment. Not less than three such cards and notices of penalties One card of instruction, one notice of penalties, and one voting rights poster shall be immediately posted in or about the voting room outside the enclosed space; and such cards card of instruction, and notices notice of penalties, and voting rights poster shall be given to any elector at his or her request so long as there are any on hand."
SECTION 49. Said chapter is further amended by striking subsection (a) of Code Section 21-2-450,

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relating to opening of the polls, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a)(1) In the precincts in which voting machines are used, the seals of the package furnished by the superintendent shall be publicly broken at the opening of the polls and such package shall be opened by the chief manager. Not less than three cards of instruction and notices of penalties, One card of instructions, one notice of penalties, one voting rights poster, and not less than two diagrams of the face of the machine shall be immediately posted in or about the voting room outside the enclosed space; and such cards, and notices of penalties, and voting rights posters shall be given to any elector at his or her request, so long as there are any on hand. (2) The managers, before opening the envelope containing the keys which unlock the operating mechanism and registering counters or counter compartment of the voting machine, shall examine the number of the seal on the machine and the number registered on the protective counter or device and shall see whether they are the same as the numbers written on the envelope containing the keys. If either number shall be found not to agree, the envelope shall remain unopened until the poll officers shall have notified the proper custodian of voting machines, or the superintendent and until the custodian or some other person authorized by the superintendent shall have presented himself or herself at the polling place for the purpose of reexamining the machine and shall have certified that it is properly arranged. But, if the numbers on the seal and the protective counter or device shall both be found to agree with the numbers on the envelope, the envelope shall be opened, and where the voting machine provided is not equipped with a mechanism for printing paper proof sheets, the poll officers shall examine the registering counters and, for that purpose, shall open the doors concealing such counter, if the construction of the voting machine shall so require; and, before the polls are opened, each manager shall carefully examine every counter and shall see that it registers zero. When the voting machine provided is equipped with a mechanism for printing paper proof sheets and requires the simultaneous use of three keys to unlock the registering counters or counter compartment, the chief manager shall deliver one of the two keys to an assistant manager, to be retained by him or her, and shall then print at least two proof sheets, one of which each manager shall carefully examine to ascertain whether every counter registers zero and shall then preserve such proof sheets to be signed by them and returned to the superintendent, with the duplicate return sheet, and shall sign and post the other proof sheet upon the wall of the polling place, where it shall remain until the polls are closed. The key delivered by the chief manager to such assistant manager, as provided in this subsection, shall be retained by him or her until the polls have been closed; and the voting and counting mechanism of the machine shall have been locked and sealed against voting and shall then be returned to the chief manager, for return by him or her to the superintendent, as provided in this part."
SECTION 50. Said chapter is further amended by striking subsection (b) of Code Section 21-2-540,

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relating to conduct of special elections generally, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) At least 29 days shall intervene between the call of a special primary and the holding of same, and at least 29 days shall intervene between the call of a special election and the holding of same. The period during which candidates may qualify to run in a special primary or a special election shall remain open for a minimum of two and one-half days. Municipal special Special elections which are to be held in conjunction with a state-wide general primary or state-wide general election shall be called at least 60 days prior to the date of such state-wide general primary or state-wide general election; provided, however, that this requirement shall not apply to special elections held on the same date as such state-wide general primary or state-wide general election but conducted completely separate and apart from such state-wide general primary or state-wide general election using different ballots or voting equipment, facilities, poll workers, and paperwork."
SECTION 51. Said chapter is further amended by adding a new Code Section 21-2-603 to read as follows:
"21-2-603. A person commits the offense of conspiracy to commit election fraud when he or she conspires or agrees with another to commit a violation of this chapter. The crime shall be complete when the conspiracy or agreement is effected and an overt act in furtherance thereof has been committed, regardless of whether the violation of this chapter is consummated. A person convicted of the offense of conspiracy to commit election fraud involving a violation of this chapter which is a felony shall be punished by imprisonment for not less than one year nor more than one-half the maximum period of time for which he or she could have been sentenced if he or she had been convicted of the crime conspired to have been committed, by one-half the maximum fine to which he or she could have been subjected if he or she had been convicted of such crime, or both. A person convicted of the offense of conspiracy to commit election fraud involving a violation of this chapter which is a misdemeanor shall be punished as for a misdemeanor."
SECTION 52. Except for Section 13, this Act shall become effective on July 1, 2005. Section 13 shall become effective on January 1, 2006.
SECTION 53. All laws and parts of laws in conflict with this Act are repealed.
Representative Jamieson of the 28th moved that HB 244 be placed upon the table.
On the motion, the roll call was ordered and the vote was as follows:

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Abdul-Salaam N Amerson Y Anderson Y Ashe N Barnard E Barnes N Bearden Y Beasley-Teague Y Benfield N Benton Y Black Y Bordeaux E Borders N Bridges Y Brooks N Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G N Burkhalter N Burmeister N Burns N Butler N Byrd N Carter N Casas N Chambers Y Channell Y Cheokas N Coan N Cole N Coleman, B
Coleman, T N Cooper N Cox

Y Crawford Y Cummings N Davis N Day Y Dean N Dickson E Dodson N Dollar Y Drenner Y Dukes N Ehrhart N England Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin N Freeman Y Gardner N Geisinger N Golick N Graves, D N Graves, T E Greene Y Hanner N Harbin Y Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree Y Henson N Hill, C N Hill, C.A

Y Holmes N Holt N Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson N Jones, J Y Jones, S Y Jordan N Keen N Keown Y Kidd N Knight N Knox N Lakly N Lane, B N Lane, R N Lewis N Lindsey Y Lord N Loudermilk E Lucas N Lunsford N Maddox Y Mangham N Manning Y Marin N Martin

N Maxwell N May N McCall Y McClinton N Meadows N Millar N Miller N Mills Y Mitchell Y Morgan Y Morris Y Mosby N Mosley N Mumford N Murphy, J Y Murphy, Q N Neal Y Oliver N O'Neal Y Orrock E Parham E Parrish N Parsons Y Porter Y Powell N Ralston Y Randall Y Ray Y Reece, B N Reece, S N Reese N Rice N Roberts N Rogers Y Royal N Rynders

Sailor N Scheid N Scott, A N Scott, M N Setzler
Shaw N Sheldon N Sims, C Y Sims, F Y Sinkfield N Smith, B
Smith, L Y Smith, P N Smith, R N Smith, T N Smith, V Y Smyre Y Stanley-Turner N Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M E Thomas, B N Tumlin N Walker Y Warren
Watson N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix
Yates Richardson, Speaker

On the motion, the ayes were 69, nays 92.

The motion failed.

Representative Ashe of the 56th moved that the House do now adjourn until the next legislative day.

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

Abdul-Salaam N Amerson Y Anderson Y Ashe N Barnard E Barnes

N Crawford N Cummings N Davis N Day Y Dean N Dickson

Y Holmes N Holt N Horne N Houston Y Howard E Hudson

N Maxwell N May N McCall Y McClinton N Meadows N Millar

Sailor N Scheid N Scott, A N Scott, M N Setzler
Shaw

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N Bearden Y Beasley-Teague Y Benfield N Benton N Black Y Bordeaux E Borders N Bridges Y Brooks N Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G N Burkhalter N Burmeister N Burns N Butler N Byrd N Carter N Casas N Chambers N Channell N Cheokas N Coan N Cole N Coleman, B
Coleman, T N Cooper N Cox

E Dodson N Dollar Y Drenner Y Dukes N Ehrhart N England Y Epps N Fleming Y Floyd, H N Floyd, J Y Fludd N Forster N Franklin N Freeman Y Gardner N Geisinger N Golick N Graves, D N Graves, T E Greene N Hanner N Harbin N Hatfield N Heard, J Y Heard, K
Heckstall N Hembree Y Henson N Hill, C N Hill, C.A

Y Hugley Y Jackson Y Jacobs Y James Y Jamieson
Jenkins E Jennings Y Johnson N Jones, J Y Jones, S Y Jordan N Keen N Keown Y Kidd N Knight N Knox N Lakly N Lane, B N Lane, R N Lewis N Lindsey Y Lord N Loudermilk E Lucas N Lunsford N Maddox Y Mangham N Manning Y Marin
Martin

N Miller N Mills Y Mitchell Y Morgan N Morris Y Mosby N Mosley N Mumford N Murphy, J Y Murphy, Q N Neal Y Oliver N O'Neal Y Orrock E Parham E Parrish N Parsons Y Porter N Powell N Ralston Y Randall N Ray Y Reece, B N Reece, S N Reese N Rice N Roberts N Rogers N Royal N Rynders

N Sheldon N Sims, C Y Sims, F Y Sinkfield N Smith, B N Smith, L N Smith, P N Smith, R N Smith, T N Smith, V Y Smyre Y Stanley-Turner N Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M E Thomas, B N Tumlin N Walker Y Warren
Watson N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Richardson, Speaker

On the motion, the ayes were 53, nays 107.

The motion was lost.

Representative Keen of the 179th moved the previous question.

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

Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard E Barnes Y Bearden N Beasley-Teague N Benfield Y Benton Y Black N Bordeaux E Borders

Y Crawford Y Cummings Y Davis Y Day N Dean Y Dickson E Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps

N Holmes Y Holt Y Horne Y Houston N Howard E Hudson N Hugley N Jackson N Jacobs N James N Jamieson Y Jenkins E Jennings

Y Maxwell Y May Y McCall
McClinton Y Meadows Y Millar Y Miller Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mosley

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, P

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Y Bridges N Brooks Y Brown N Bruce E Bryant N Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers
Channell N Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A

N Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown N Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey
Lord Y Loudermilk E Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin Y Martin

Y Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock E Parham E Parrish Y Parsons N Porter N Powell Y Ralston N Randall N Ray N Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M E Thomas, B Y Tumlin Y Walker N Warren
Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 105, nays 55.

The motion prevailed.

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

Abdul-Salaam N Amerson Y Anderson Y Ashe N Barnard E Barnes N Bearden Y Beasley-Teague Y Benfield N Benton Y Black Y Bordeaux E Borders N Bridges Y Brooks N Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G N Burkhalter

N Crawford Y Cummings N Davis N Day Y Dean N Dickson E Dodson N Dollar Y Drenner Y Dukes N Ehrhart N England Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin N Freeman Y Gardner

Y Holmes N Holt N Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson N Jones, J Y Jones, S Y Jordan N Keen N Keown Y Kidd N Knight

N Maxwell N May N McCall
McClinton N Meadows N Millar N Miller N Mills Y Mitchell Y Morgan Y Morris Y Mosby N Mosley N Mumford N Murphy, J Y Murphy, Q N Neal Y Oliver N O'Neal Y Orrock E Parham

Sailor N Scheid N Scott, A N Scott, M N Setzler
Shaw N Sheldon N Sims, C Y Sims, F Y Sinkfield N Smith, B N Smith, L Y Smith, P N Smith, R N Smith, T N Smith, V Y Smyre Y Stanley-Turner N Stephens Y Stephenson N Talton

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N Burmeister N Burns N Butler N Byrd N Carter N Casas N Chambers Y Channell Y Cheokas N Coan N Cole N Coleman, B
Coleman, T N Cooper N Cox

N Geisinger N Golick N Graves, D N Graves, T E Greene Y Hanner N Harbin N Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree Y Henson N Hill, C N Hill, C.A

N Knox N Lakly N Lane, B N Lane, R N Lewis N Lindsey Y Lord N Loudermilk E Lucas N Lunsford N Maddox Y Mangham N Manning Y Marin N Martin

E Parrish N Parsons Y Porter Y Powell N Ralston Y Randall Y Ray Y Reece, B N Reece, S N Reese N Rice N Roberts N Rogers Y Royal N Rynders

Y Teilhet Y Thomas, A.M E Thomas, B N Tumlin N Walker Y Warren
Watson N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Richardson, Speaker

On the motion, the ayes were 66, nays 96.

The motion was lost.

The following substitute, offered by the Committee on Rules, was read:

A BILL

To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to amend certain definitions; to provide for the enforcement of the chapter by the State Election Board; to provide that vacancies in party nomination caused by the withdrawal of the candidate shall not be filled under certain circumstances; to provide for the voting of absentee ballots by mail without a reason; to remove certain limitations on the distribution of absentee ballot applications by certain organizations; to provide for the processing of such absentee ballot applications; to provide that the political affiliation of candidates in special elections shall be shown on the ballot; to provide that a candidate must receive a majority of the votes cast to be elected to office; to provide that nonpartisan elections shall be held in conjunction with the November general election; to provide for qualifying for such nonpartisan election; to provide for certain procedures concerning write-in candidates; to provide that electors must present proper identification when registering to vote or, if registering to vote for the first time in this state by mail, prior to voting; to provide for a state write-in absentee ballot for certain electors; to provide procedures for use of such ballot; to provide when absentee ballots must be available; to provide that no absentee ballot shall be issued on the day prior to a primary or election; to provide that certain absentee ballots that are postmarked by the date of the runoff may be received by the registrars up to three days after the runoff; to provide for the types of identification that must be presented in order to register and to vote; to change the date of certain runoff primaries and elections; to authorize the Secretary of State to provide copies of the general election ballot and questions on compact disc or other media or an Internet website; to clarify the meaning of

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governing authority; to authorize the Secretary of State to review ballots for use on DRE units; to provide for certain training for poll officers; to change municipal qualifying periods; to provide that a candidate shall use the surname shown on such candidates voter registration card when qualifying for office; to provide that the form of a candidates name cannot be changed after the candidate qualifies; to provide for the time of giving notice to be a write-in candidate in special elections; to delete the requirement that the Secretary of State receive all voter registration cards after a system of digitization of voter registration signatures is operational; to provide for the time for challenging the right of an elector to vote who votes by absentee ballot in person; to provide for the sending of certain notices concerning voter registration; to provide that the individual names of candidates for the office of presidential elector shall not be listed on the ballot; to remove the authorization for counties to use lever-type voting machines; to remove the requirement that optical scanning ballots have a name stub; to provide for notice of preparation of certain voting equipment prior to runoffs; to remove the electors place of birth from the absentee ballot oath form; to provide that absentee electors whose vote has been challenged must vote by paper or optical scanning ballot; to provide for the posting of certain information at polling places; to provide for additional state-wide poll watchers; to provide for poll watchers for advance voting sites; to limit the number of state-wide poll watchers at individual polling places simultaneously; to prohibit certain activities within close proximity to the locations where advance voting is taking place; to delete the requirement that poll officers ascertain whether someone timely registered to vote prior to allowing such person to vote a provisional ballot; to limit the requirement that all voters vote provisional ballots when poll hours are extended by court order to elections in which federal candidates are on the ballot; to provide for the use of provisional ballots by electors when voting machines or DRE units malfunction or an emergency exists which prevents the use of such devices; to provide for the call of special elections when held in conjunction with state-wide primaries and elections; to provide for the offense of conspiracy to commit election fraud; 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 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, is amended by striking paragraphs (5), (9), (22), and (37) of Code Section 21-2-2, relating to definitions, and inserting in lieu thereof new paragraphs (5), (9), (22), and (37) to read as follows:
"(5) 'Election' ordinarily means any general or special election and shall not include a primary or special primary unless the context in which the term is used clearly requires that a primary or special primary is included." "(9) 'Governing authority' means the governing authority of a municipality Reserved."

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"(22) 'Plurality' means the receiving by one candidate alone of the highest number of votes cast for eligible candidates in an election among the candidates for the same office, provided that such number of votes exceeds 45 percent of the total number of votes cast in such election for such office. In the case where two or more persons tie in receiving the highest number of votes or no candidate receives more than 45 percent of the total votes cast for eligible candidates in the election for the office sought there is no plurality Reserved." "(37) Reserved 'Violator' means any individual, partnership, committee, association, corporation, limited liability company, limited liability partnership, professional corporation, trust, enterprise, franchise, joint venture, political party, political body, candidate, campaign committee, political action committee or any other political committee or business entity, or any governing authority that violates any provision of this chapter."
SECTION 2. Said chapter is further amended by striking subsection (d) of Code Section 21-2-4, relating to distribution of summaries of constitutional amendments, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The Secretary of State is authorized to provide for the preparation of a supply of audio tapes, compact discs, or other media or an Internet website which shall contain the summary of each proposed general amendment to the Constitution as provided in subsection (a) of this Code section, together with a listing of the candidates for each of the state representatives to the United States Congress and the candidates for every public office elected by the electors of the entire state. A sufficient number of the audio tapes, compact discs, or other media may be prepared as will permit the distribution of at least one tape, disc, or other media form to each of the public libraries within the state for the purpose of providing voting information and assistance to any interested citizen. The Secretary of State may cause a supply of the tapes, discs, or other media to be prepared and distributed as soon as practicable after the summary has been prepared and the names of the candidates for each of the public offices to be included are known to be candidates. If the Secretary of State provides such information through an Internet website, it shall not be necessary to provide such information by audio tape, compact disc, or other media."
SECTION 3. Said chapter is further amended by striking Code Section 21-2-8, relating to eligibility for nomination, election, and performance of certain acts, and inserting in lieu thereof a new Code Section 21-2-8 to read as follows:
"21-2-8. No person shall be eligible for party nomination for or election to public office, nor shall he or she perform any official acts or duties as a superintendent, registrar, deputy registrar, poll officer, or party officer, as set forth in this chapter, in connection with any election or primary held under this chapter, if under the laws of this state, any other

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state, or the United States he or she has been convicted and sentenced, in any court of competent jurisdiction, for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude, unless such persons civil rights have been restored and at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude. Additionally, the person shall not be holding illegally any public funds. In the event of the disqualification of the superintendent as described in this Code section, the clerk of the superior court shall act in his or her stead. Notwithstanding the above, the governing authority of a municipality shall appoint an individual to serve as superintendent for municipal elections or municipal primaries in the event of the disqualification of the municipal superintendent, unless the municipality has contracted with a county government for the provision of election services, in which event the clerk of the superior court shall act in place of a disqualified superintendent."
SECTION 4. Said chapter is further amended by striking subsection (b) of Code Section 21-2-9, relating to date of election for offices, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) All general municipal elections to fill municipal offices shall be held on the Tuesday next following the first Monday in November in each odd-numbered year. Public notice of such elections shall be published by the governing authority of the municipality in a newspaper of general circulation in the municipality at least 30 days prior to the elections."
SECTION 5. Said chapter is further amended by striking Code Section 21-2-33.1, relating to the enforcement of the chapter, and inserting in lieu thereof a new Code Section 21-2-33.1 to read as follows:
"21-2-33.1. (a) The State Election Board is vested with the power to issue orders, after the completion of appropriate proceedings, directing compliance with this chapter or prohibiting the actual or threatened commission of any conduct constituting a violation, which order may include a provision requiring the violator:
(1) To cease and desist from committing further violations; (2) To pay a civil penalty not to exceed $5,000.00 for each violation of this chapter or for each failure to comply with any provision of this chapter or of any rule or regulation promulgated under this chapter. Such penalty may be assessed against an individual, a governing authority which employs or compensates an individual, or both, any violator as the State Election Board deems appropriate; (3) To publicly reprimand an individual or governing authority any violator found to have committed a violation;

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(4) To require that restitution be paid by any violator to a state, county, or city governing authority when it has suffered a monetary loss or damage as the result of a violation; (5) To require individuals violators to attend training as specified by the board; and (6) To assess investigative costs incurred by the board against an individual or the governing authority which employs or compensates an individual any violator found to have committed a violation. (b) A civil penalty shall not be assessed against any person violator except after notice and hearing as provided by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' In addition to the State Election Board, any contested case may be held before any representative of such board who has been selected and appointed by such board for such purpose. The amount of any civil penalty finally assessed shall be recoverable by a civil action brought in the name of the State Election Board. All moneys recovered pursuant to this Code section shall be deposited in the state treasury. (c) The Attorney General of this state shall, upon complaint by the State Election Board, or may, upon the Attorney Generals own initiative if after examination of the complaint and evidence the Attorney General believes a violation has occurred, bring an action in the superior court in the name of the State Election Board for a temporary restraining order or other injunctive relief or for civil penalties assessed against any person violating violator of any provision of this chapter or any rule or regulation duly issued by the State Election Board. (d) Any action brought by the Attorney General to enforce civil penalties assessed against any person for violating the provisions any violator of this chapter or any rule or regulation duly issued by the State Election Board or any order issued by the State Election Board ordering compliance or to cease and desist from further violations shall be brought in the superior court of the county of the residence of the party against whom relief is sought. Service of process shall lie in any jurisdiction within the state. In such actions, the superior court inquiry will be limited to whether notice was given by the State Election Board to the violator in compliance with the Constitution and the rules of procedure of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Upon satisfaction that notice was given and a hearing was held pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the superior court shall enforce the orders of the State Election Board and the civil penalties assessed under this chapter and the superior court shall not make independent inquiry as to whether the violations have occurred. (e) In any action brought by the Attorney General to enforce any of the provisions of this chapter or of any rule or regulation issued by the State Election Board, the judgment, if in favor of the State Election Board, shall provide that the defendant pay to the State Election Board the costs, including reasonable attorneys fees, incurred by the State Election Board in the prosecution of such action."
SECTION 6. Said chapter is further amended by striking paragraph (15) of subsection (a) of Code

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Section 21-2-50, relating to powers and duties of the Secretary of State, and inserting in lieu thereof a new paragraph (15) to read as follows:
"(15) To develop, program, and build, and review ballots for use by counties and municipalities on direct recording electronic (DRE) voting systems in use in the state."
SECTION 7. Said chapter is further amended by striking Code Section 21-2-72, relating to primary and election records to be open to the public, and inserting in lieu thereof a new Code Section 21-2-72 to read as follows:
"21-2-72. Except when otherwise provided by law or court order, the primary and election records of each governing authority, superintendent, registrar, municipal governing authority, and committee of a political party or body, including registration statements, nomination petitions, affidavits, certificates, tally papers, returns, accounts, contracts, reports, and other documents in official custody, except the contents of voting machines, shall be open to public inspection and may be inspected and copied by any elector of the county or municipality during usual business hours at any time when they are not necessarily being used by the custodian or his or her employees having duties to perform in reference thereto; provided, however, that such public inspection shall only be in the presence of the custodian or his or her employee and shall be subject to proper regulation for the safekeeping of such documents and subject to the further provisions of this chapter. The custodian shall also, upon request, if photocopying equipment is available in the building in which the records are housed, make and furnish to any member of the public copies of any of such records upon payment of the actual cost of copying the records requested."
SECTION 8. Said chapter is further amended by striking Code Section 21-2-73, relating to preservation of primary and election records, and inserting in lieu thereof a new Code Section 21-2-73 to read as follows:
"21-2-73. All primary and election documents on file in the office of the election superintendent of each county, municipal governing authority, superintendent, registrar, committee of a political party or body, or other officer shall be preserved therein for a period of at least 24 months and then the same may be destroyed unless otherwise provided by law."
SECTION 9. Said chapter is further amended by striking Code Section 21-2-90, relating to the appointment of a chief manager and assistant managers, and inserting in lieu thereof a new Code Section 21-2-90 to read as follows:
"21-2-90.

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All elections and primaries shall be conducted in each precinct by a board consisting of a chief manager, who shall be chairperson of such board, and two assistant managers assisted by clerks. The managers of each precinct shall be appointed by the superintendent or, in the case of municipal elections, by the municipal governing authority. If the political parties involved elect to do so, they may submit to the superintendent or municipal governing authority, for consideration in making such appointment, a list of qualified persons. When such lists are submitted to the appropriate office, the superintendent or municipal governing authority, insofar as practicable, shall make appointments so that there shall be equal representation on such boards for the political parties involved in such elections or primaries. The superintendent or municipal governing authority shall make each appointment by entering an order which shall remain of record in the appropriate office and shall transmit a copy of such order to the appointee. The order shall include the name and address of the appointee, his or her title, and a designation of the precinct and primary or election in which he or she is to serve."
SECTION 10. Said chapter is further amended by striking subsection (a) of Code Section 21-2-99, relating to instruction of poll officers and workers in election procedures, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The election superintendent shall provide adequate training to all poll officers and poll workers regarding the use of voting equipment, voting procedures, all aspects of state and federal law applicable to conducting elections, and the poll officers or poll workers duties in connection therewith before the first election in each election cycle prior to each general primary and general election and each special primary and special election; provided, however, such training shall not be required for a special election held between the date of the general primary and the general election. Upon successful completion of such instruction, the superintendent shall give to each poll officer and poll worker a certificate to the effect that such person has been found qualified to conduct such primary or election with the particular type of voting equipment in use in that jurisdiction. Additionally, the superintendent shall notify the Secretary of State on forms to be provided by the Secretary of State of the date when such instruction was held and the number of persons attending and completing such instruction. For the purpose of giving such instructions, the superintendent shall call such meeting or meetings of poll officers and poll workers as shall be necessary. Each poll officer shall, upon notice, attend such meeting or meetings called for his or her instruction."
SECTION 11. Said chapter is further amended by striking subsection (e) of Code Section 21-2-100, relating to training of local election officials, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) A superintendent or registrar and the county or municipal governing authority which employs the superintendent or registrar may be fined by the State Election Board

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for failure to attend the training required in this Code section."
SECTION 12. Said chapter is further amended by striking subsection (c) of Code Section 21-2-101, relating to certification program for election superintendents or election board designee, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) A superintendent and the county or municipal governing authority which employs the superintendent may be fined by the State Election Board for failure to attain the certification required in this Code section."
SECTION 13. Said chapter is further amended by striking paragraph (3) of subsection (d) of Code Section 21-2-132, relating to filing notice of candidacy, nomination petition, and affidavit, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) Each candidate for municipal office or a designee shall file a notice of candidacy in the office of the municipal superintendent of such candidates municipality during the municipalitys qualifying period. Each municipal superintendent shall designate the days of the qualifying period, which shall be no less than three days and no more than five days. The days of the qualifying period shall be consecutive days. Qualifying periods shall comply with the following:
(A) In the case of a general election held in an odd-numbered year, the municipal qualifying period shall commence no earlier than 8:30 A.M. on the second Monday in September immediately preceding the general election and shall end no later than 4:30 P.M. on the following Friday; (B) In the case of a general election held in an even-numbered year, the municipal qualifying period shall commence no earlier than 8:30 A.M. on the last Monday in August immediately preceding the general election and shall end no later than 4:30 P.M. on the following Friday; and, (C) In in the case of a special election, the municipal qualifying period shall commence no earlier than the date of the call and shall end no later than 25 days prior to the election. The hours of qualifying each day shall be from 8:30 A.M. until 4:30 P.M. with one hour allowed for the lunch break; provided, however, that municipalities which have normal business hours which cover a lesser period of time shall conduct qualifying during normal business hours for each such municipality. Except in the case of a special election, notice of the opening and closing dates and the hours for candidates to qualify shall be published at least two weeks prior to the opening of the qualifying period."
SECTION 14. Said chapter is further amended by striking subsections (c), (d), (f), and (i) of Code Section 21-2-132, relating to filing notice of candidacy, nomination petition, and

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affidavit, and inserting in lieu thereof new subsections (c), (d), (f), and (i) to read as follows:
"(c) Except as provided in subsection (i) of this Code section, all candidates seeking election in a nonpartisan election shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the nonpartisan election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(1) Each candidate for the office of judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, or the candidates agent, desiring to have his or her name placed on the nonpartisan election ballot shall file a notice of candidacy, giving his or her name, residence address, and the office sought, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in April June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April June, notwithstanding the fact that any such days may be legal holidays; and (2) Each candidate for a county judicial office, a local school board office, or an office of a consolidated government, except those offices which on July 1, 2001, were covered by local Acts of the General Assembly which provided for election in a nonpartisan election without a prior nonpartisan primary, or the candidates agent, desiring to have his or her name placed on the nonpartisan election ballot shall file notice of candidacy in the office of the superintendent no earlier than 9:00 A.M. on the fourth Monday in April June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April June, notwithstanding the fact that any such days may be legal holidays. (d) Except as provided in subsection (i) of this Code section, all political body and independent candidates shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner: (1) Each candidate for federal or state office, or his or her agent, desiring to have his or her name placed on the election ballot shall file a notice of his or her candidacy, giving his or her name, residence address, and the office he or she is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election; (2) Each candidate for a county office, including those offices which on July 1, 2001, were covered by local Acts of the General Assembly which provided for election in a nonpartisan election without a prior nonpartisan primary, or his or her agent, desiring to have his or her name placed on the election ballot shall file notice of his or her candidacy in the office of the superintendent of his or her county no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than

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12:00 Noon on the Friday following the fourth Monday in June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election; (3) Each candidate for municipal office or a designee shall file a notice of candidacy in the office of the municipal superintendent of such candidates municipality during the municipalitys qualifying period. Each municipal superintendent shall designate the days of the qualifying period, which shall be no less than three days and no more than five days. The days of the qualifying period shall be consecutive days. Qualifying periods shall comply with the following:
(A) In the case of a general election held in an odd-numbered year, the municipal qualifying period shall commence no earlier than 8:30 A.M. on the second Monday in September immediately preceding the general election and shall end no later than 4:30 P.M. on the following Friday; (B) In the case of a general election held in an even-numbered year, the municipal qualifying period shall commence no earlier than 8:30 A.M. on the last Monday in August immediately preceding the general election and shall end no later than 4:30 P.M. on the following Friday; and (C) In the case of a special election, the municipal qualifying period shall commence no earlier than the date of the call and shall end no later than 25 days prior to the election. The hours of qualifying each day shall be from 8:30 A.M. until 4:30 P.M. with one hour allowed for the lunch break; provided, however, that municipalities which have normal business hours which cover a lesser period of time shall conduct qualifying during normal business hours for each such municipality. Except in the case of a special election, notice of the opening and closing dates and the hours for candidates to qualify shall be published at least two weeks prior to the opening of the qualifying period." "(f) Each candidate required by this Code section to file a notice of candidacy shall accompany his or her notice of candidacy with an affidavit stating: (1) His or her full name and the name as the candidate desires it to be listed on the ballot. The surname of the candidate shall be the surname of the candidate as it appears on the candidates voter registration card. After such name is submitted to the Secretary of State or the election superintendent, the form of such name shall not be changed during the election for which such notice of candidacy is submitted; (2) His or her residence, with street and number, if any, and his or her post office address; (3) His or her profession, business, or occupation, if any; (4) The name of his or her precinct; (5) That he or she is an elector of the county or municipality of his or her residence eligible to vote in the election in which he or she is a candidate; (6) The name of the office he or she is seeking; (7) That he or she is eligible to hold such office;

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(8) That the candidate has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude or conviction of domestic violence under the laws of this state or any other state or of the United States, or that the candidates civil rights have been restored and that at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; (9) That he or she will not knowingly violate this chapter or rules and regulations adopted under this chapter; and (10) Any other information as may be determined by the Secretary of State to be necessary to comply with federal and state law. The affidavit shall contain such other information as may be prescribed by the officer with whom the candidate files his or her notice of candidacy." "(i) Notwithstanding any other provision of this chapter to the contrary, for general elections held in the even-numbered year immediately following the official release of the United States decennial census data to the states for the purpose of redistricting of the legislatures and the United States House of Representatives, candidates in such elections shall qualify as provided in this subsection: (1) All candidates seeking election in a nonpartisan election shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this paragraph in order to be eligible to have their names placed on the nonpartisan election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(A) Each candidate for the office of judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, or the candidates agent, desiring to have his or her name placed on the nonpartisan election ballot shall file a notice of candidacy, giving his or her name, residence address, and the office sought, in the office of the Secretary of State no earlier than 9:00 A.M. on the third Wednesday in June last Monday in July immediately prior to the election and no later than 12:00 Noon on the Friday following the third Wednesday in June last Monday in July, notwithstanding the fact that any such days may be legal holidays; and (B) Each candidate for a county judicial office, a local school board office, or an office of a consolidated government, except those offices which on July 1, 2001, were covered by local Acts of the General Assembly which provided for election in a nonpartisan election without a prior nonpartisan primary, or the candidates agent, desiring to have his or her name placed on the nonpartisan election ballot shall file a notice of candidacy in the office of the superintendent no earlier than 9:00 A.M. on the third Wednesday in June last Monday in July immediately prior to the election and no later than 12:00 Noon on the Friday following the third Wednesday in June last Monday in July, notwithstanding the fact that any such days may be legal holidays; (2) All political body and independent candidates shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this paragraph in order

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to be eligible to have their names placed on the general election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(A) Each candidate for federal or state office, or his or her agent, desiring to have his or her name placed on the general election ballot shall file a notice of his or her candidacy, giving his or her name, residence address, and the office he or she is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the last Monday in July immediately prior to the election and no later than 12:00 Noon on the Friday following the last Monday in July; and (B) Each candidate for a county office, including those offices which on July 1, 2001, were covered by local Acts of the General Assembly which provided for election in a nonpartisan election without a prior nonpartisan primary, or his or her agent, desiring to have his or her name placed on the general election ballot shall file notice of his or her candidacy in the office of the superintendent of his or her county no earlier than 9:00 A.M. on the last Monday in July immediately prior to the election and no later than 12:00 Noon on the Friday following the last Monday in July; and (3) Candidates required to file nomination petitions under subsection (e) of this Code section shall file such petitions not earlier than 9:00 A.M. on the fourth Monday in July immediately prior to the general election and not later than 12:00 Noon on the first Monday in August immediately prior to the general election."
SECTION 15. Said chapter is further amended by striking subsection (a) of Code Section 21-2-133, relating to write-in candidacy, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) No person elected on a write-in vote shall be eligible to hold office unless notice of his or her intention of candidacy was filed and published no earlier than January 1 and no later than the Tuesday after the first Monday in September prior to the election for county, state, and federal elections; no later than seven days after the close of the municipal qualifying period for municipal elections in the case of a general election; no earlier than January 1 and no later than the Tuesday after the first Monday in June in the case of a nonpartisan election for a state or county office which was not covered by a local Act of the General Assembly on July 1, 2001, which provided for election in a nonpartisan election without a prior nonpartisan primary; no later than the third Monday in July in the case of a nonpartisan election for a state or county office which was not covered by a local Act of the General Assembly on July 1, 2001, which provided for election in a nonpartisan election without a prior nonpartisan primary held in the even-numbered year immediately following the official release of the United States decennial census data to the states for the purpose of redistricting of the legislatures and the United States House of Representatives; or at least 20 or more days prior to no later than seven days after the close of the special election qualifying period

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for a special election by the person to be a write-in candidate or by some other person or group of persons qualified to vote in the subject election, as follows:
(1) In a state general or special election, notice shall be filed with the Secretary of State and published in a newspaper of general circulation in the state; (2) In a general or special election of county officers, notice shall be filed with the superintendent of elections in the county in which he or she is to be a candidate and published in the official organ of the same county; or (3) In a municipal general or special election, notice shall be filed with the superintendent and published in the official gazette of the municipality holding the election."
SECTION 16. Said chapter is further amended by striking paragraph (1) of subsection (a) and paragraph (3) of subsection (b) of Code Section 21-2-134, relating to withdrawal, death, or disqualification of candidate for office, and inserting in lieu thereof a new paragraph (1) of subsection (a) and paragraph (3) of subsection (b) to read as follows:
"(1) A candidate nominated at any primary election or nominated by means other than a primary may withdraw as a candidate at the ensuing general election by filing a notarized affidavit of withdrawal with the Secretary of State, if nominated for a state office; the county superintendent, if nominated for a county office; or the municipal superintendent, if nominated for a municipal office. The qualifying fee shall not be returned to the candidate. If the ballots have been printed, the Secretary of State or the county or municipal superintendent may reprint the ballots to omit the name of the withdrawn candidate. All votes cast for the withdrawn candidate shall be void and shall not be counted. Prominent notices shall be posted in all polling places in which the name of the withdrawn candidate appears on the ballot stating that the candidate has withdrawn and that all votes cast for such withdrawn candidate shall be void and shall not be counted. No vacancy on the ballot for a general election or for a nonpartisan election shall be filled except by reason of the withdrawal, death, or disqualification of a candidate or the withdrawal of a candidate as provided in paragraph (2) of subsection (b) of this Code section." "(3) Any vacancy which occurs in any party nomination filled by a primary and which is created by reason of the withdrawal of a candidate less than 60 days prior to the date of the election shall not be filled in the same manner as provided in subparagraph (A), (B), (C), or (D) of paragraph (1) of this subsection, as appropriate. The qualifying fee shall not be returned to the candidate. If the ballots have been printed, the Secretary of State or the county or municipal superintendent may reprint the ballots to omit the name of the withdrawn candidate. All votes cast for the withdrawn candidate shall be void and shall not be counted. Prominent notices shall be posted in all polling places in which the name of the withdrawn candidate appears on the ballot stating that the candidate has withdrawn and that all votes cast for such withdrawn candidate shall be void and shall not be counted."

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SECTION 17. Said chapter is further amended by striking Code Section 21-2-138, relating to nonpartisan elections for judicial offices, and inserting in lieu thereof a new Code Section 21-2-138 to read as follows:
"21-2-138. The names of all candidates who have qualified with the Secretary of State for the office of judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court of this state and the names of all candidates who have qualified with the election superintendent for the office of judge of a state court shall be placed on the ballot in a nonpartisan election to be held and conducted jointly with the general primary election in each even-numbered year; provided that nonpartisan elections for the office of judge of the state court which was covered on July 1, 2001, by a local Act of the General Assembly which provided for election in a nonpartisan election without a prior nonpartisan primary shall be held and conducted jointly with the general election in even-numbered years. No candidates for any such office shall be nominated by a political party or by a petition as a candidate of a political body or as an independent candidate. Candidates for any such office, except offices which were covered on July 1, 2001, by a local Act of the General Assembly which provided for election in a nonpartisan election without a prior nonpartisan primary, shall have their names placed on the nonpartisan portion of each political party ballot by complying with the requirements prescribed in Code Section 21-2-132 specifically related to such nonpartisan candidates and by paying the requisite qualifying fees as prescribed in Code Section 21-2-131. The Secretary of State may provide for the printing of independent ballots containing the names of the nonpartisan candidates for those voters not affiliated with a political party. Candidates shall be listed on the official ballot in a nonpartisan election as provided in Code Sections 21-2-284.1 and 21-2-285.1, respectively. Except as otherwise specified in this chapter, the procedures to be employed in conducting the nonpartisan election of judges of state courts, judges of superior courts, Judges of the Court of Appeals, and Justices of the Supreme Court shall conform as nearly as practicable to the procedures governing general primaries and general elections; and such general primary and general election procedures as are necessary to complete this nonpartisan election process shall be adopted in a manner consistent with such nonpartisan elections."
SECTION 18. Said chapter is further amended by striking subsection (a) of Code Section 21-2-139, relating to nonpartisan elections authorized, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Notwithstanding any other provisions of this chapter to the contrary, the General Assembly may provide by local Act for the election in nonpartisan elections of candidates to fill county judicial offices, offices of local school boards, and offices of consolidated governments which are filled by the vote of the electors of said county or political subdivision. Except as otherwise provided in this Code section, the procedures

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to be employed in such nonpartisan elections shall conform as nearly as practicable to the procedures governing nonpartisan elections as provided in this chapter. Except as otherwise provided in this Code section, the election procedures established by any existing local law which provides for the nonpartisan election of candidates to fill county offices shall conform to the general procedures governing nonpartisan elections as provided in this chapter, and such nonpartisan elections shall be conducted in accordance with the applicable provisions of this chapter, notwithstanding the provisions of any existing local law. For those offices for which the General Assembly as of July 1, 2001, pursuant to this Code section, provided by local Act for election in nonpartisan primaries and elections, such offices shall no longer require nonpartisan primaries. Such officers shall be elected in nonpartisan elections held and conducted in conjunction with the November general primary election in accordance with this chapter without a prior nonpartisan primary. For those offices for which the General Assembly as of July 1, 2001, provided by local Act for election in a nonpartisan election without a prior nonpartisan primary, such offices shall be elected in nonpartisan elections held and conducted in conjunction with the November general election without a prior nonpartisan primary. Nonpartisan elections for municipal offices shall be conducted on the dates provided in the municipal charter."
SECTION 19. Said chapter is further amended by striking subsection (b) of Code Section 21-2-151, relating to authorization for political party primaries, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The primary held for such purposes shall be conducted by the superintendent in the same manner as prescribed by law and by rules and regulations of the State Election Board and the superintendent for general elections. Primaries of all political parties and all nonpartisan elections for nonpartisan offices other than those offices which were covered on July 1, 2001, by a local Act of the General Assembly which provided for election in a nonpartisan election without a prior nonpartisan primary shall be conducted jointly."
SECTION 20. Said chapter is further amended by striking subsection (e) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a state or county primary, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) Each candidate for party nomination described in subsection (a) of this Code section shall file an affidavit with the political party at the time of his or her qualifying stating:
(1) His or her full name and the name as the candidate desires it to be listed on the ballot. The surname of the candidate shall be the surname of the candidate as it appears on the candidates voter registration card. After such name is certified by the political party to the Secretary of State or the election superintendent, the form of

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such name shall not be changed during the primary and election for which such affidavit is submitted; (2) His or her residence, with street and number, if any, and his or her post office address; (3) His or her profession, business, or occupation, if any; (4) The name of his or her precinct; (5) That he or she is an elector of the county of his or her residence eligible to vote in the primary election in which he or she is a candidate for nomination; (6) The name of the office he or she is seeking; (7) That he or she is eligible to hold such office; (8) That the candidate has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude under the laws of this state or any other state or of the United States, or that the candidates civil rights have been restored and that at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; (9) That he or she will not knowingly violate this chapter or rules or regulations adopted under this chapter; and (10) Any other information as may be determined by the Secretary of State to be necessary to comply with federal and state law."
SECTION 21. Said chapter is further amended by striking subsection (d) of Code Section 21-2-153.1, relating to qualification of candidates for party nomination in a municipal primary, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Each candidate for party nomination described in subsection (a) of this Code section shall file an affidavit with the political party at the time of his or her qualifying stating:
(1) His or her full name and the name as the candidate desires it to be listed on the ballot. The surname of the candidate shall be the surname of the candidate as it appears on the candidates voter registration card. After such name is submitted by the candidate to the political party, the form of such name shall not be changed during the primary and election for which such affidavit is submitted; (1) (2) His or her residence, with street and number, if any, and his or her post office address; (2) (3) His or her profession, business, or occupation, if any; (3) (4) The name of his or her precinct; (4) (5) That he or she is an elector of the municipality of his or her residence and is eligible to vote in the primary election in which he or she is a candidate for nomination; (5) (6) The name of the office he or she is seeking; (6) (7) That he or she is eligible to hold such office;

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(7) (8) That he or she has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude under the laws of this state or any other state or of the United States, or that his or her civil rights have been restored; and (8) (9) That he or she will not knowingly violate this chapter or any rules and regulations adopted under this chapter."
SECTION 22. Said chapter is further amended by striking subsections (c) and (e) of Code Section 21-2212, relating to county registrars, and inserting in lieu thereof new subsections (c) and (e) to read as follows:
"(c) The governing authority of each municipality shall appoint registrars as necessary, and the appointments shall be entered on the minutes of the such governing authority. The municipal governing authority shall designate one of the registrars as chief registrar. The chief registrar will serve as such during such registrars term of office, and such designation shall likewise be entered on the minutes of the such governing authority. Such registrars shall serve at the pleasure of the municipal governing authority, and compensation of the registrars shall be fixed by the such governing authority. Any registrar shall have the right to resign at any time by submitting a resignation to such governing authority. In the event of any such removal or resignation of a registrar, such registrars duties and authority as such shall terminate instantly. Successors to resigned registrars shall be appointed by the municipal governing authority. Each appointment or change in designation shall be entered on the minutes of the such governing authority and certified by the governing authority. The municipal governing authority may furnish such employees and facilities as it deems necessary for the operation of the office and the affairs of the registrars." "(e) Any other provision of this Code section to the contrary notwithstanding, in any county of this state having a population of more than 600,000 according to the United States decennial census of 1990 or any future such census, the governing authority of the county shall appoint the county registrars in lieu of the judge of the superior court. The appointments shall be entered on the minutes of the county governing authority. The county governing authority shall designate one of the registrars as chief registrar, who shall serve as such during such registrars term of office. Such designation shall likewise be entered on the minutes of the such governing authority. It shall be the duty of the county governing authority to certify the appointments and designation to the Secretary of State within 30 days after such appointments and designation. In certifying such names to the Secretary of State, the county governing authority shall also list the addresses of the registrars. Such registrars shall serve at the pleasure of the governing authority of the county, and the compensation of the registrars shall be fixed by the governing authority of the county. Any registrar shall have the right to resign at any time by submitting a resignation to the such governing authority. In the event of the death, resignation, or removal of any registrar, such registrars duties and authority

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as such shall terminate instantly. Successors shall be appointed by the county governing authority. Each appointment or change in designation shall be entered on the minutes of the such governing authority and certified as provided in this Code section. The first appointments in any such county under this article shall be made in the year 1965, and the persons appointed shall assume office July 1, 1965. The governing authorities of such counties may furnish such employees and facilities as they deem necessary for the operation of the office and affairs of the registrars."
SECTION 23. Said chapter is further amended by repealing subsection (j) of Code Section 21-2-215, relating to registrars, registration, and the digitization of signatures from voter registration cards, which reads as follows:
"(j) At such time as the Secretary of State certifies that a system for the digitization of all or a portion of the completed registration cards is operational, the board of registrars shall expeditiously transmit the registration card for each elector whose registration has been approved to the Secretary of State. The Secretary of State shall retain such cards after processing for the period of time set forth in this article."
SECTION 24. Said chapter is further amended by striking subsections (c) and (d) of Code Section 21-2220, relating to application for registration, and inserting in lieu thereof new subsections (c) and (d) to read as follows:
"(c) Except as otherwise provided in this subsection, electors who register to vote for the first time in this state in person must present one of the forms of current and valid identification containing a photograph of the elector specified in subsection (a) of Code Section 21-2-417. Electors who register to vote for the first time in this state by mail must present current and valid identification either when registering to vote by mail or when voting for the first time after registering to vote by mail. The current and valid identification shall be one or more of those forms of identification provided in Code Section 21-2-417 or a legible copy thereof. The registrars shall make copies of any original forms of identification submitted by applicants and return the originals to the applicants. The requirement to submit identification shall not apply to:
(1) Persons who submit identifying information with their applications that the registrars are able to match to information contained on a state database available to such registrars containing the same number, name, and date of birth as contained in the application; (2) (1) Persons who are entitled to vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq.; or (3) (2) Persons who are entitled to vote otherwise than in person under any other federal law. (d) If an applicant fails to provide all of the required information on the application for voter registration with the exception of current and valid identification as provided in

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subsection (a) of Code Section 21-2-417, the board of registrars shall notify the registrant in writing of the missing information. The board of registrars shall not determine the eligibility of the applicant until and unless all required information is supplied by the applicant. If the initial application is received prior to the close of voter registration prior to an election, if the applicant supplies the necessary information on or prior to the date of the election, and if the applicant is found eligible to vote, the applicant shall be added to the list of electors and shall be permitted to vote in the election and any run-off elections resulting therefrom and subsequent elections; provided, however, that voters who registered to vote for the first time in this state by mail must supply current and valid identification when voting for the first time as required in subsection (c) of this Code section. In the event the elector does not respond to the request for the missing information within 30 days, the application shall be rejected."
SECTION 25. Said chapter is further amended by striking subsection (a) of Code Section 21-2-230, relating to challenge of persons on list of electors by other electors, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any elector of the county or municipality may challenge the right of any other elector of the county or municipality, whose name appears on the list of electors, to vote in an election. Such challenge shall be in writing and specify distinctly the grounds of such challenge. Such challenge may be made at any time prior to the elector whose right to vote is being challenged voting at the electors polling place or, if such elector cast an absentee ballot, prior to 5:00 p.m. P.M. on the day before the election; provided, however, that challenges to persons voting by absentee ballot in person at the office of the registrars or the absentee ballot clerk whose vote is cast on a DRE unit must be made prior to such persons voting."
SECTION 26. Said chapter is further amended by striking subsection (f) of Code Section 21-2-231, relating to lists of persons convicted of felonies, persons declared mentally incompetent, and deceased persons provided to Secretary of State, and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) County registrars shall initiate appropriate action regarding the right of an elector to remain on the list of qualified registered voters within 60 days after receipt of the information described in this Code section. Failure to take such action may subject the registrars or the county governing authority for whom the registrars are acting to a fine by the State Election Board."
SECTION 27. Said chapter is further amended by striking subsections (b) and (c) of Code Section 21-2233, relating to comparison of change of address information supplied by United States

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Postal Service, and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) If it appears from the change of address information supplied by the licensees of the United States Postal Service that an elector whose name appears on the official list of electors has moved to a different address in the county in which the elector is presently registered, the list of electors shall be changed to reflect the new address and the elector shall be sent a notice of the change by forwardable mail at both the electors old address and the new address with a postage prepaid, preaddressed return form by which the elector may verify or correct the address information. The registrars may also send a notice of the change by forwardable mail to the electors new address with a postage prepaid, preaddressed return form by which the elector may verify or correct the address information. (c) If it appears from the change of address information supplied by the licensees of the United States Postal Service that an elector whose name appears on the official list of electors has moved to a different address outside of the boundaries of the county or municipality in which the elector is presently registered, such elector shall be sent a confirmation notice as provided in Code Section 21-2-234 at both the old and new addresses address of the elector. The registrars may also send a confirmation notice to the electors new address. If the elector confirms the change of address to an address outside of the boundaries of the county or municipality in which the elector is presently registered, the electors name shall be removed from the appropriate list of electors. If the elector responds to the notice and affirms that the elector has not moved, the elector shall remain on the list of electors at the electors current address. If the elector fails to respond to the notice within 30 days after the date of the notice, the elector shall be transferred to the inactive list provided for in Code Section 21-2-235."
SECTION 28. Said chapter is further amended by striking Code Section 21-2-264, relating to reimbursement of counties for costs incurred pursuant to alteration of precinct boundaries, and inserting in lieu thereof a new Code Section 21-2-264 to read as follows:
"21-2-264. In all cases of the division, redivision, alteration, formation, or consolidation of precincts, the costs of the proceedings shall be paid by the county or municipal governing authority, as appropriate. There may be appropriated to the Secretary of State funds to be granted to counties or municipalities for purposes of meeting the requirements of Code Section 21-2-261.1. Upon the filing of a written request by the election officials of any qualified county or municipality, a qualified county or municipality shall be reimbursed for all reasonable expenses incurred by such county or municipality which are directly related to the redrawing of voting precinct boundaries, verification of voting precinct residency, notification of voter precinct and polling place changes, and compilation and preparation of the electors list as necessitated by Code Section 21-2-261.1; provided, however, that such reimbursement of costs shall not exceed 25 per registered voter whose name appeared on such countys or

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municipalitys electors list as of January 1, 1982. Any qualified county or municipality seeking reimbursement of such costs shall present an itemized description of such costs to the Secretary of State. If the Secretary of State, after a review of the report of such costs incurred by a county or municipality, shall find that all or portions of such costs were reasonable and were directly related to the preparation of such descriptions and lists, he or she shall approve all of those parts of the costs deemed reasonable and shall reimburse the counties or municipalities for such expenses. Any state funds necessary to carry out the provisions of this subsection shall come only from those funds appropriated to the Secretary of State specifically for the purpose of implementing the provisions of Code Section 21-2-261.1. If such funds are not sufficient to bear completely the cost of fully implementing the provisions of Code Section 21-2-261.1, payment to the counties or municipalities seeking assistance shall be made on a pro rata basis subject to the availability of appropriated funds."
SECTION 29. Said chapter is further amended by striking Code Section 21-2-267, relating to equipment, arrangement, and storage relating to polling places, and inserting in lieu thereof a new Code Section 21-2-267 to read as follows:
"21-2-267. (a) The governing authority of each county and municipality shall provide and the superintendent shall cause all rooms used as polling places to be provided with suitable heat and light and, in precincts in which ballots are used, with a sufficient number of voting compartments or booths with proper supplies in which the electors may conveniently mark their ballots, with a curtain, screen, or door in the upper part of the front of each compartment or booth so that in the marking thereof they may be screened from the observation of others. A curtain, screen, or door shall not be required, however, for the self-contained units used as voting booths in which direct recording electronic (DRE) voting units are located if such booths have been designed so as to ensure the privacy of the elector. When practicable, every polling place shall consist of a single room, every part of which is within the unobstructed view of those present therein and shall be furnished with a guardrail or barrier closing the inner portion of such room, which guardrail or barrier shall be so constructed and placed that only such persons as are inside such rail or barrier can approach within six feet of the ballot box and voting compartments, or booths, or voting machines, as the case may be. The ballot box and voting compartments or booths shall be so arranged in the voting room within the enclosed space as to be in full view of those persons in the room outside the guardrail or barrier. The voting machine or machines shall be placed in the voting rooms within the enclosed space so that, unless its construction shall otherwise require, the ballot labels on the face of the machine can be plainly seen by the poll officers when the machine is not occupied by an elector. In the case of direct recording electronic (DRE) voting units, the units shall be arranged in such a manner as to ensure the privacy of the elector while voting on such units, to allow monitoring of the units by

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the poll officers while the polls are open, and to permit the public to observe the voting without affecting the privacy of the electors as they vote. (b) The superintendent, unless otherwise provided by law, may make such arrangements as he or she deems proper for the storage of election equipment in the various precincts of the county or municipality at such times of the year that it will not be used for election purposes and may fix reasonable compensation therefor."
SECTION 30. Said chapter is further amended by striking Code Section 21-2-268, relating to compensation for rent, heat, light, and janitorial services for the use of public buildings, and inserting in lieu thereof a new Code Section 21-2-268 to read as follows:
"21-2-268. The superintendent or county or municipal governing authority shall fix the compensation for rent, heat, light, and janitorial services to be paid for the use of polling places for primaries and elections; provided, however, that no compensation for rent, heat, or light shall be paid in the case of schoolhouses, municipal buildings or rooms, or other public buildings used as polling places."
SECTION 31. Said chapter is further amended by striking Code Section 21-2-280, relating to requirement as to conduct of primaries and elections by ballot, and inserting in lieu thereof a new Code Section 21-2-280 to read as follows:
"21-2-280. All primaries and elections in this state shall be conducted by ballot, except when voting machines are used as provided by law. A ballot may be electronic or printed on paper. All ballots used in any primary or election shall be provided by the superintendent or municipal governing authority in accordance with this article, and only official ballots furnished by the superintendent or governing authority shall be cast or counted in any primary or election in any precinct in which ballots are used."
SECTION 32. Said chapter is further amended by striking Code Section 21-2-283, relating to printing and safekeeping of ballots and labels by superintendent, and inserting in lieu thereof a new Code Section 21-2-283 to read as follows:
"21-2-283. In any primary or election, the superintendent or municipal governing authority shall cause all the ballots and ballot labels to be printed accurately and in the form prescribed by this chapter, and the superintendent or municipal governing authority shall be responsible for the safekeeping of the same while in his or her or its possession or that of his or her or its agent. The superintendent or municipal governing authority shall keep a record of the number of official ballots printed and furnished to each precinct at each primary and election, and the number of stubs, unused ballots, and canceled ballots subsequently returned therefrom."

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SECTION 33. Said chapter is further amended by striking Code Section 21-2-284.1, relating to the form of the ballot in nonpartisan elections, and inserting in lieu thereof a new Code Section 212-284.1 to read as follows:
"21-2-284.1. (a) The names of all candidates seeking election in a nonpartisan election conducted in conjunction with a partisan primary shall be printed on the ballot of each political party; and insofar as practicable such offices to be filled in a nonpartisan election shall be separated from the names of political party candidates by being listed last on each political party ballot, with the top of that portion of the ballot relating to the nonpartisan election to have printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.' Directions that explain how to cast a vote, how to write in a candidate, and how to obtain a new ballot after one is spoiled shall appear immediately under the caption as specified by rules and regulations of the State Election Board. Immediately under the directions, the names of the nonpartisan candidates shall in all cases be arranged under the title of the office for which they are candidates and be printed thereunder in alphabetical order. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. An appropriate space shall also be placed on the ballot for the casting of write-in votes for such offices. The incumbency of a nonpartisan candidate seeking election to the public office he or she then holds shall be indicated on the ballots by printing the word 'Incumbent' beside his or her name. Under the title of each office shall be placed a direction as to the number of nonpartisan candidates to be voted for. The votes cast for each nonpartisan candidate listed on all political party ballots shall be combined to determine the total number of votes received by each candidate in the nonpartisan election. In the event that a candidate in such nonpartisan election does not receive a plurality of the total votes cast for such office, there shall be a nonpartisan election runoff between the candidates receiving the two highest numbers of votes for such office; and the names of such candidates shall be placed on each political party ballot at the general primary runoff in the same nonpartisan portion as prescribed in this Code section. If no political party runoff is required, the form of the ballot for the nonpartisan election runoff shall be prescribed by the Secretary of State or election superintendent in essentially the same format prescribed for nonpartisan elections. The candidate receiving the highest number of votes cast in the nonpartisan election runoff shall be declared duly elected to such office. (b) In the case of nonpartisan municipal primaries, the form of the official nonpartisan primary ballot shall conform insofar as practicable to the form of the official primary ballot as detailed in Code Section 21-2-284, except that:
(1) The following shall be printed at the top of each ballot in prominent type: 'OFFICIAL NONPARTISAN PRIMARY BALLOT OF _______________________ (Name of Municipality)';

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(2) There shall be no name or designation of any political organization nor any words, designation, or emblems descriptive of a candidates political affiliation printed under or after any candidates name which is printed on the ballot; and (3) The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot."
SECTION 34. Said chapter is further amended by striking subsection (e) of Code Section 21-2-285, relating to the form of the official election ballot, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) When presidential electors are to be elected, the ballot shall not list the individual names of the nominees candidates for presidential electors but shall list the names of each political party or body for such offices shall be arranged alphabetically under or body and the names of the candidates of the party or body for the offices of President and Vice President of the United States. The individual names or the nominees of each political party or body for such offices shall be posted at each polling place arranged alphabetically under the names of the candidates of the party or body for President and Vice President of the United States. A vote for the candidates for President and Vice President of a political party or body shall be deemed to be a vote for each of the candidates for presidential electors of such political party or body."
SECTION 35. Said chapter is further amended by striking Code Section 21-2-285.1, relating to the form of the ballot in nonpartisan elections, and inserting in lieu thereof a new Code Section 212-285.1 to read as follows:
"21-2-285.1. The names of all candidates for offices which were covered on July 1, 2001, by a local Act of the General Assembly which has by local Act provided for election in a nonpartisan election without a prior nonpartisan primary shall be printed on each official election ballot; and insofar as practicable such offices to be filled in the nonpartisan election shall be separated from the names of candidates for other offices by being listed last on each ballot, with the top of that portion of each official election ballot relating to the nonpartisan election to have printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.' Directions that explain how to cast a vote, how to write in a candidate, and how to obtain a new ballot after the elector spoils his or her ballot shall appear immediately under the caption, as specified by rule or regulation of the State Election Board. Immediately under the directions, the name of each such nonpartisan candidate shall be arranged alphabetically by last name under the title of the office for which they are candidates and be printed thereunder. The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. An appropriate space shall also be placed on the ballot for the casting of write-in votes for such offices. In the event that

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no candidate in such nonpartisan election receives a plurality majority of the total votes cast for such office, there shall be a nonpartisan election runoff between the candidates receiving the two highest numbers of votes; and the names of such candidates shall be placed on the official ballot at the general election runoff in the same manner as prescribed in this Code section for the nonpartisan election. In the event that only nonpartisan candidates are to be placed on a run-off ballot, the form of the ballot shall be as prescribed by the Secretary of State or election superintendent in essentially the same format as prescribed for the nonpartisan election. The candidate having a plurality majority of the votes cast in the nonpartisan election or the candidate receiving the highest number of votes cast in the nonpartisan election runoff shall be declared duly elected to such office."
SECTION 36. Said chapter is further amended by striking Code Section 21-2-320, relating to power of governing authority to authorize use of and to procure voting machines, and inserting in lieu thereof a new Code Section 21-2-230 to read as follows:
"21-2-320. The governing authority of any county or municipality may at any regular meeting or at a special meeting called for the purpose, by a majority vote, authorize and direct the use of voting machines for recording and computing the vote at all elections held in the county or municipality; and thereupon the governing authority shall purchase, lease, rent, or otherwise procure voting machines conforming to the requirements of this part."
SECTION 37. Said chapter is further amended by striking Code Section 21-2-321, relating to referendum on question of use of voting machines, and inserting in lieu thereof a new Code Section 21-2-321 to read as follows:
"21-2-321. (a) The governing authority of any county or municipality which conducts elections by paper ballot may, upon its own motion, submit to the electors of the county or municipality, at any election, the question: 'Shall voting machines be used in __________?' (b) The governing authority of any county or municipality which conducts elections by paper ballot, upon the filing of a petition with it signed by electors of the county equal in number to at least 1 percent of the total number of electors who voted in such county at the preceding general election or upon the receipt of a petition signed by at least 10 percent of the electors who voted in such municipality at the preceding general election, shall, at the next election occurring at least 45 days thereafter, submit to the electors of such county or municipality the question: 'Shall voting machines be used in __________?'

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(c) The governing authority shall cause such question to be printed upon the ballots to be used at the election in the form and manner provided by the laws governing general elections. (d) The election on such question shall be held at the places, during the hours, and under the regulations provided by law for holding general elections and shall be conducted by the poll officers provided by law to conduct such elections. The poll officers shall count the votes cast at the election on such question and shall make return thereof to the superintendent of such county or municipality as required by law. The returns shall be computed by the superintendent and, when so computed, a certificate of the total number of electors voting 'Yes' and of the total number of electors voting 'No' on such question shall be filed in the office of the municipal governing authority and in the office of the Secretary of State. (e) Whenever, under this Code section, the question of the adoption of voting machines is about to be submitted to the electors of any county or municipality, it shall be the duty of the governing authority of such county or municipality to ascertain whether current funds will be available to pay for such machines, if adopted and purchased, or whether it has power to increase the indebtedness of the county or municipality in an amount sufficient to pay for the machines without the consent of the electors; and, if such current funds will not be available and the power to increase the indebtedness of the county or municipality in a sufficient amount without the consent of the electors is lacking, it shall be the duty of the governing authority to submit to the electors of the county or municipality, in the manner provided by law, at the same election at which the adoption of voting machines is to be voted on, the question of whether the indebtedness of such county or municipality shall be increased, in an amount specified by them, sufficient to pay for such voting machines, if adopted. (f) If a majority of the electors voting on such question or questions shall vote in the affirmative, the governing authority of such county or municipality shall purchase, lease, or rent voting machines, conforming to the requirements of this part, for recording and computing the vote at all elections held in such county or municipality."
SECTION 38. Said chapter is further amended by striking Code Section 21-2-323, relating to installation of voting machines, and inserting in lieu thereof a new Code Section 21-2323 to read as follows:
"21-2-323. (a) When the use of voting machines has been authorized in the manner prescribed by Code Section 21-2-320 or 21-2-321, such voting machines shall be installed, either simultaneously or gradually, within the county or municipality. Upon the installation of voting machines in any precinct, the use of paper ballots therein shall be discontinued, except as otherwise provided by this chapter. (b) In each precinct in which voting machines are used, the municipal governing authority shall provide at least one voting machine for each 500 electors, or major

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fraction thereof, except that at least one voting machine shall be provided in each such precinct in any case. (c) Voting machines of different kinds may be used for different precincts in the same county or municipality. (d) The municipal governing authority shall provide voting machines in good working order and of sufficient capacity to accommodate the names of a reasonable number of candidates for all party offices and nominations and public offices, which, under existing laws and party rules, are likely to be voted for at any future primary or election."
SECTION 39. Said chapter is further amended by striking subsection (g) of Code Section 21-2-324, relating to examination and approval of voting machines by Secretary of State, and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) Neither the Secretary of State, nor any examiner appointed by him or her for the purpose prescribed by this Code section, nor any superintendent, nor the governing authority of any county or municipality or a member of such authority, nor any other person involved in the examination process shall have any pecuniary interest in any voting machine or in the manufacture or sale thereof."
SECTION 40. Said chapter is further amended by striking Code Section 21-2-327, relating to preparation of voting machines, and inserting in lieu thereof a new Code Section 21-2327 to read as follows:
"21-2-327. (a) The superintendent of each county or municipality shall cause the proper ballot labels to be placed on each voting machine which is to be used in any precinct within such county or municipality, cause each machine to be placed in proper order for voting, examine each machine before it is sent out to a polling place, see that each registering counter on each machine is set at zero, lock each machine so that the counting machinery cannot be operated, and seal each machine with a numbered seal. The superintendent or his or her agent shall adjust each machine to be used at a primary, so that the poll officers may lock it on primary day, in such a way that each elector can vote only for the candidates seeking nomination by the political party in whose primary he or she is then voting and so that no elector can vote for the candidates seeking nomination by any political party in whose primary he or she is not then voting. (b) The superintendent shall appoint one custodian of voting machines and such deputy custodians as may be necessary, whose duty it shall be to prepare the machines to be used in the county at the primaries and elections to be held therein. Each custodian and deputy custodian shall receive from the county or municipality such compensation as shall be fixed by the governing authority of the county or municipality. Such custodian shall, under the direction of the superintendent, have charge of and represent the

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superintendent during the preparation of the voting machines as required by this chapter, and he or she and the deputy custodians, whose duty it shall be to assist him or her in the discharge of his or her duties, shall serve at the pleasure of the superintendent. Each custodian shall take an oath of office framed by the Secretary of State, which shall be filed with the superintendent. (c) On or before the twelfth day preceding a primary or election, including special primaries, special elections, and referendum elections, the superintendent shall mail to the foreperson of the grand jury, the chairperson of the county executive committee of each political party which shall be entitled under existing laws to participate in primaries within the county, and to the chairperson or presiding officer of any organization of citizens within the county having as its purpose or among its purposes the investigation or prosecution of primary and election frauds, which has registered its name and address and the names of its principal officers with the superintendent at least 30 days before such primary or election, and, in the case of an election, to the appropriate committee of each political body which shall be entitled to have the names of its candidates entered on the voting machines, and to each independent candidate who shall be entitled to have his or her name printed on the voting machines, a written notice stating the times when and the place or places where preparation of the machines for use in the several precincts in the county will be started. The grand jury shall appoint a committee, consisting of three of its members, which shall inspect the machines and see that the machines are properly prepared and are placed in proper condition and order for use. In the event the committee of the grand jury fails to be present, the superintendent shall immediately appoint a panel consisting of three electors to perform the duties of the committee of the grand jury set forth in this Code section. Further, one representative of each political party or body, certified by the chairperson of such political party or body, and one representative of each aforementioned organization of citizens, certified by the chairperson or presiding officer of such organization, and any such independent candidate or his or her certified agent shall be entitled to be present during the preparation of the machines and to see that the machines are properly prepared and are placed in proper condition and order for use. Such committee of the grand jury, representatives, or candidates shall not, however, interfere with the preparation of the machines; and the superintendent may make such reasonable rules and regulations concerning the conduct of such representatives and candidates. (d) The custodian and deputy custodians of voting machines and the members of the committee of the grand jury, if any, shall make an affidavit, which each shall sign, and request each representative of a party, body, or a citizens organization, or candidate or his or her agent present at the preparation of the machine to attest, and which shall be filed with the superintendent, or in the case of a municipal election or primary, the city clerk, stating:
(1) The identifying number or other designation of the voting machine; (2) That each registering counter on the machine was set at zero;

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(3) The number registered on the protective counter or other device of the machine; and (4) The number on the seal with which the machine is sealed. (e) No superintendent nor custodian nor other employee of the superintendent shall, in any way, prevent free access to and examination of all voting machines which are to be used at the primary or election by any of the duly appointed representatives or candidates aforesaid; and the superintendent and his or her employees shall afford to each such representative or candidate every facility for the examination of all registering counters, protective counters, and public counters of each and every voting machine. (f) In every primary or election, the superintendent shall furnish, at the expense of the county or municipality, all ballot labels, forms of certificates, and other papers and supplies which are required under this chapter and which are not furnished by the Secretary of State, all of which shall be in the form and according to the specifications prescribed from time to time by the Secretary of State. In the case of a municipal primary, ballot labels and other materials necessary for the preparation of the voting machines shall be furnished free of charge to the municipal superintendent by the political party conducting such primary."
SECTION 41. Said chapter is further amended by striking subsection (a) of Code Section 21-2-330, relating to public exhibition of and instruction on sample voting machine, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) During the 30 days next preceding a general primary or election or during the ten days next preceding a special primary or election, other than in the case of municipal primaries and elections, and during the five days preceding a municipal general primary or election or during the three days preceding a municipal special primary or election, the superintendent shall place on public exhibition, in such public places and at such times as he or she may deem most suitable for the information and instruction of the electors, one or more voting machines containing the ballot labels and showing the offices and questions to be voted upon, the names and arrangements of parties and bodies, and, so far as practicable, the names and arrangements of the candidates to be voted for. Such machine or machines shall be under the charge and care of a person competent as custodian and instructor. No voting machine which is to be assigned for use in a primary or election shall be used for such public exhibition and instruction after having been prepared and sealed for the primary or election."
SECTION 42. Said chapter is further amended by striking subsection (a) of Code Section 21-2-331, relating to designation and compensation of custodians of voting machines and keys, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The superintendent, or in the case of municipal primaries or elections, the governing authority, shall designate a person or persons who shall have the custody of

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the voting machines of the county or municipality and the keys therefor when the machines are not in use at a primary or election and shall provide for his or her compensation and for the safe storage and care of the machines and keys."
SECTION 43. Said chapter is further amended by striking Code Section 21-2-333, relating to responsibility of county or municipal governing authority to provide for payment for voting machines, and inserting in lieu thereof a new Code Section 21-2-333 to read as follows:
"21-2-333. The governing authority of any county or municipality which adopts voting machines in a manner provided for by this article shall, upon the purchase of voting machines, provide for their payment by the county or municipality. Bonds or other evidence of indebtedness may be issued in accordance with the provisions of law relating to the increase of indebtedness of counties or municipalities to meet all or any part of the cost of the voting machines."
SECTION 44. Said chapter is further amended by striking subsections (b) and (d) of Code Section 21-2367, relating to installation of optical scanning voting systems, and inserting in lieu thereof new subsections (b) and (d) to read as follows:
"(b) In each precinct in which optical scanning voting systems are used, the county or municipal governing authority, as appropriate, shall provide at least one voting booth or enclosure for each 200 electors therein, or fraction thereof." "(d) The county or municipal governing authority, as appropriate, shall provide optical scanning voting systems in good working order and of sufficient capacity to accommodate the names of a reasonable number of candidates for all party offices and nominations and public offices which, under the provisions of existing laws and party rules, are likely to be voted for at any future primary or election."
SECTION 45. Said chapter is further amended by striking subsection (b) of Code Section 21-2-369, relating to printing of optical scanning ballots, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The arrangement of offices, names of candidates, and questions upon the ballots shall conform as nearly as practicable to this chapter for the arrangement of same on paper ballots; provided, however, that such form may be varied in order to present a clear presentation of candidates and questions to the electors and that the ballots shall not be required to have a name stub."
SECTION 46. Said chapter is further amended by striking subsection (b) of Code Section 21-2-374, relating to proper programming of optical scanning systems, and inserting in lieu thereof

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a new subsection (b) to read as follows: "(b) On or before the third day preceding a primary or election, including special primaries, special elections, and referendum elections, the superintendent shall have the optical scanning tabulators tested to ascertain that they will correctly count the votes cast for all offices and on all questions. Public notice of the time and place of the test shall be made at least five days prior thereto; provided, however, that, in the case of a runoff, the public notice shall be made at least three days prior thereto. Representatives of political parties and bodies, candidates, news media, and the public shall be permitted to observe such tests. The test shall be conducted by processing a preaudited group of ballots so marked as to record a predetermined number of valid votes for each candidate and on each question and shall include for each office one or more ballots which are improperly marked and one or more ballots which have votes in excess of the number allowed by law in order to test the ability of the optical scanning tabulator to reject such votes. The optical scanning tabulator shall not be approved unless it produces an errorless count. If any error is detected, the cause therefor shall be ascertained and corrected; and an errorless count shall be made before the tabulator is approved. The superintendent shall cause the pretested tabulators to be placed at the various polling places to be used in the primary or election. The superintendent shall require that each optical scanning tabulator be thoroughly tested and inspected prior to each primary and election in which it is used and shall keep such tested material as certification of an errorless count on each tabulator. In counties using central count optical scanning tabulators, the same test shall be repeated immediately before the start of the official count of the ballots and at the conclusion of such count. Precinct tabulators shall produce a zero tape prior to any ballots being inserted on the day of any primary or election."
SECTION 47. Said chapter is further amended by striking subsections (b) and (c) of Code Section 21-2379.6, relating to maintenance of DRE voting systems and supplies, and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) The superintendent may appoint, with the approval of the county or municipal governing authority, as appropriate, a custodian of the DRE units, and deputy custodians as may be necessary, whose duty shall be to prepare the units to be used in the county or municipality at the primaries and elections to be held therein. Each custodian and deputy custodian shall receive from the county or municipality such compensation as shall be fixed by the governing authority of the county or municipality. Such custodian shall, under the direction of the superintendent, have charge of and represent the superintendent during the preparation of the units as required by this chapter. The custodian and deputy custodians shall serve at the pleasure of the superintendent. Each custodian shall take an oath of office prepared by the Secretary of State before each primary or election which shall be filed with the superintendent.

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(c) On or before the third day preceding a primary or election, including special primaries, special elections, and referendum elections, the superintendent shall have each DRE unit tested to ascertain that it will correctly count the votes cast for all offices and on all questions in a manner that the State Election Board shall prescribe by rule or regulation. On or before the third day preceding a primary runoff or election runoff, including special primary runoffs and special election runoffs, the superintendent shall test a number of DRE units at random to ascertain that the units will correctly count the votes cast for all offices. If the total number of DRE units in the county or municipality is 30 units or less, all of the units shall be tested. If the total number of DRE units in the county or municipality is more than 30 but not more than 100, then at least one-half of the units shall be tested at random. If there are more than 100 DRE units in the county or municipality, the superintendent shall test at least 15 percent of the units at random. In no event shall the superintendent test less than one DRE unit per precinct. All memory cards to be used in the runoff shall be tested. Public notice of the time and place of the test shall be made at least five days prior thereto; provided, however, that, in the case of a runoff, the public notice shall be made at least three days prior thereto. Representatives of political parties and bodies, news media, and the public shall be permitted to observe such tests."
SECTION 48. Said chapter is further amended by striking subsection (b) of Code Section 21-2-380, relating to definition of absentee elector, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) An elector who requests an absentee ballot by mail or who, during the period of Monday through Friday of the week immediately preceding the date of a primary, election, or run-off primary or election, casts an absentee ballot in person at the registrars office or absentee ballot clerks office during the period of Monday through Friday of the week immediately preceding the date of a primary, election, or run-off primary or election shall not be required to provide a reason as identified in subsection (a) of this Code section in order to cast an absentee ballot in such primary, election, or run-off primary or election."
SECTION 49. Said chapter is further amended by striking Code Section 21-2-381, relating to making of application for absentee ballot, and inserting in lieu thereof a new Code Section 21-2-381 to read as follows:
"21-2-381. (a)(1)(A) Except as otherwise provided in Code Section 21-2-219, not more than 180 days prior to the date of the primary or election, or runoff of either, in which the elector desires to vote, any absentee elector may make, either by mail, by facsimile transmission, or in person in the registrars or absentee ballot clerks office, an application for an official ballot of the electors precinct to be voted at such primary, election, or runoff.

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(B) In the case of an elector residing temporarily out of the county or municipality or a physically disabled elector residing within the county or municipality, the application for the electors absentee ballot may, upon satisfactory proof of relationship, be made by such electors mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the age of 18 or over. (C) The application shall be in writing and shall contain sufficient information for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot, if applicable; and the name and relationship of the person requesting the ballot if other than the elector. (D) Except in the case of physically disabled electors residing in the county or municipality, no absentee ballot shall be mailed to an address other than the permanent mailing address of the elector as recorded on the electors voter registration record or a temporary out-of-county or out-of-municipality address. (E) Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. (F) If the elector is unable to fill out or sign such electors own application because of illiteracy or physical disability, the elector shall make such electors mark, and the person filling in the rest of the application shall sign such persons name below it as a witness. (G) One timely and proper application for an absentee ballot for use in a primary or election shall be sufficient to require the mailing of the absentee ballot for such primary or election as well as for any runoffs resulting therefrom and for all primaries and elections for federal offices and any runoffs therefrom, including presidential preference primaries, held during the period beginning upon the receipt of such absentee ballot application and extending through the second regularly scheduled general election in which federal candidates are on the ballot occurring thereafter to an eligible absentee elector who lives outside the county or municipality in which the election is held and is also a member of the armed forces of the United States, a member of the merchant marine of the United States, or a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member or overseas citizen. (H) Any elector meeting criteria of advanced age or disability specified by rule or regulation of the Secretary of State may request in writing on one application a ballot for a primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates as well as any runoffs resulting therefrom. If not so requested by such person a separate and distinct application shall be required for each primary, run-off primary, election, and run-off election. Except as otherwise provided in this paragraph, a separate and distinct application for an absentee ballot shall always be required for the presidential

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preference primary held pursuant to Article 5 of this chapter and for any special election or special primary. (2) A properly executed registration card submitted under the provisions of subsection (b) of Code Section 21-2-219, if submitted within 180 days of a primary or election in which the registrant is entitled to vote, shall be considered to be an application for an absentee ballot under this Code section, or for a special absentee ballot under Code Section 21-2-381.1, as appropriate. (3) All applications for an official absentee ballot that are distributed by a person, entity, or organization shall list thereon all of the legally acceptable categories of absentee electors contained in Code Section 21-2-380 and shall require the elector to select the category which qualifies the elector to vote by absentee ballot, if applicable. No application for an official absentee ballot that is physically attached to a publication that advocates for or against a particular candidate, issue, political party, or political body shall be distributed by any person, entity, or organization. Such applications, if properly completed by the elector or other authorized person and returned to the registrar or absentee ballot clerk, as appropriate, shall be processed by the registrar or absentee ballot clerk and, if the elector is found to be qualified, an absentee ballot shall be mailed or delivered in the office of the registrar or absentee ballot clerk to such elector. (b)(1) Upon receipt of a timely application, a registrar or absentee ballot clerk shall enter thereon the date received and shall determine if the applicant is eligible to vote in the primary or election involved. In order to be found eligible to vote an absentee ballot in person at the registrars office or absentee ballot clerks office, such person shall show one of the forms of identification listed in Code Section 21-2-417. (2) If found eligible, the registrar or absentee ballot clerk shall certify by signing in the proper place on the application and shall either mail the ballot as provided in this Code section or issue the ballot to the elector to be voted within the confines of the registrars or absentee ballot clerks office or deliver the ballot in person to the elector if such elector is confined to a hospital. (3) If found ineligible, the clerk or the board of registrars shall deny the application by writing the reason for rejection in the proper space on the application and shall promptly notify the applicant in writing of the ground of ineligibility, a copy of which notification should be retained on file in the office of the board of registrars or absentee ballot clerk for at least one year. (4) If the registrar or clerk is unable to determine the identity of the elector from information given on the application, the registrar or clerk should promptly write to request additional information. (5) In the case of an unregistered applicant who is eligible to register to vote, the clerk or the board shall immediately mail a blank registration card as provided by Code Section 21-2-223, and such applicant, if otherwise qualified, shall be deemed eligible to vote by absentee ballot in such primary or election, if the registration card, properly completed, is returned to the clerk or the board on or before the last day for registering to vote in such primary or election. If the closing date for registration in

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the primary or election concerned has not passed, the clerk or registrar shall also mail a ballot to the applicant, as soon as it is prepared and available; and the ballot shall be cast in such primary or election if returned to the clerk or board not later than the close of the polls on the day of the primary or election concerned. (c) In those counties or municipalities in which the absentee ballot clerk or board of registrars provides application forms for absentee ballots, the clerk or board shall provide such quantity of the application form to the dean of each college or university located in that county as said dean determines necessary for the students of such college or university. (d)(1) A citizen of the United States permanently residing outside the United States is entitled to make application for an absentee ballot from Georgia and to vote by absentee ballot in any election for presidential electors and United States senator or representative in Congress:
(A) If such citizen was last domiciled in Georgia immediately before his or her departure from the United States; and (B) If such citizen could have met all qualifications, except any qualification relating to minimum voting age, to vote in federal elections even though, while residing outside the United States, he or she does not have a place of abode or other address in Georgia. (2) An individual is entitled to make application for an absentee ballot under paragraph (1) of this subsection even if such individuals intent to return to Georgia may be uncertain, as long as: (A) He or she has complied with all applicable Georgia qualifications and requirements which are consistent with 42 U.S.C. Section 1973ff concerning absentee registration for and voting by absentee ballots; (B) He or she does not maintain a domicile, is not registered to vote, and is not voting in any other state or election district of a state or territory or in any territory or possession of the United States; and (C) He or she has a valid passport or card of identity and registration issued under the authority of the Secretary of State of the United States or, in lieu thereof, an alternative form of identification consistent with 42 U.S.C. Section 1973ff and applicable state requirements, if a citizen does not possess a valid passport or card of identity and registration. (e) The Secretary of State is authorized to promulgate reasonable rules and regulations for the implementation of paragraph (1) of subsection (a) of this Code section. Said rules and regulations may include provisions for the limitation of opportunities for fraudulent application, including, but not limited to, comparison of voter registration records with death certificates."
SECTION 50. Said chapter is further amended by adding a new Code Section 21-2-381.2 to read as follows:

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"21-2-381.2. (a) The Secretary of State shall design a state write-in absentee ballot for federal offices and state offices that are voted upon on a state-wide basis for use in a primary runoff or election runoff by an eligible absentee elector who lives outside the county or municipality in which the election is held and who is:
(1) A member of the armed forces of the United States, a member of the merchant marine of the United States, a member of the commissioned corps of the Public Health Service or the National Oceanic and Atmospheric Administration, or a spouse or dependent of such member residing with or accompanying said member; or (2) A citizen of the United States residing outside the United States. (b) Such state write-in absentee ballot shall be automatically included with any absentee ballot sent to such eligible absentee electors for any general primary or general election. No special request for such state write-in absentee ballot shall be required. (c) The state write-in absentee ballot shall contain instructions for completing and returning such ballot. (d) The Secretary of State shall establish a website which such eligible absentee electors may access to determine if there is a primary runoff or election runoff for a federal office or a state office that is voted upon on a state-wide basis. The address of such website shall be included in the instructions for voting such state write-in absentee ballot. (e) The State Election Board may provide by rule or regulation for additional means of transmitting the state write-in absentee ballot to eligible absentee electors including, but not limited to, the use of facsimile transmissions and portable document format electronic versions. (f) The registrars shall send a regular absentee ballot to such eligible absentee electors in accordance with Code Section 21-2-381. In the event that both the regular absentee ballot and the state write-in absentee ballot are received by the registrars within the time period for receiving absentee ballots, the regular absentee ballot shall be counted and the state write-in absentee ballot shall be kept unopened in the same manner as absentee ballots that are returned too late to be counted. Ballots for primary runoffs and election runoffs that are postmarked by the date of the primary runoff or election runoff, if proper in all other respects, shall be counted if received by the registrars within the three day period following such primary runoff or election runoff."
SECTION 51. Said chapter is further amended by striking subsections (a), (c), and (d) of Code Section 21-2-384, relating to preparation and delivery of absentee ballot supplies, and inserting in lieu thereof new subsections (a), (c), and (d) to read as follows:
"(a)(1) The superintendent shall, as soon as practicable prior to each primary or election, but must, at least 45 days prior to any general primary or general election other than a municipal general primary or general election, and at least 21 days prior to any municipal general primary or general election, prepare, obtain, and deliver an adequate supply of official absentee ballots to the board of registrars or absentee

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ballot clerk for use in the primary or election. Envelopes and other supplies as required by this article may be ordered by the superintendent, the board of registrars, or the absentee ballot clerk for use in the primary or election. (2) The board of registrars or absentee ballot clerk shall, within two days after the receipt of such ballots and supplies, mail or issue official absentee ballots to all eligible applicants; and, as. As additional applicants are determined to be eligible, the board or clerk shall mail or issue official absentee ballots to such additional applicants immediately upon determining their eligibility; provided, however, that no absentee ballot shall be mailed by the registrars or absentee ballot clerk on the day prior to a primary or election and provided, further, that no absentee ballot shall be issued on the day prior to a primary or election. (3) The date a ballot is voted in the registrars or absentee ballot clerks office or the date a ballot is mailed to an elector and the date it is returned shall be entered on the application record therefor. (4) The delivery of an absentee ballot to a person confined in a hospital may be made by the registrar or clerk on the day of a primary or election or during a five-day period immediately preceding the day of such primary or election. (5) In the event an absentee ballot which has been mailed by the board of registrars or absentee ballot clerk is not received by the applicant, the applicant may notify the board of registrars or absentee ballot clerk and sign an affidavit stating that the absentee ballot has not been received. The board of registrars or absentee ballot clerk shall then issue a second absentee ballot to the applicant and cancel the original ballot issued. The affidavit shall be attached to the original application. A second application for an absentee ballot shall not be required." "(c)(1) The oaths referred to in subsection (b) of this Code section shall be in substantially the following form:
I, the undersigned, do swear (or affirm) that I am a citizen of the United States and of the State of Georgia; that my residence address is __________ County, Georgia; that I possess the qualifications of an elector required by the laws of the State of Georgia; that I am entitled to vote in the precinct containing my residence in the primary or election in which this ballot is to be cast; that I am eligible to vote by absentee ballot; that I have not marked or mailed any other absentee ballot, nor will I mark or mail another absentee ballot for voting in such primary or election; nor shall I vote therein in person; and that I have read and understand the instructions accompanying this ballot; and that I have carefully complied with such instructions in completing this ballot. I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law.

____________________ Electors Residence Address

________________________ Electors Place of Birth

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____________________ Month and Day of Electors Birth
________________________ Signature or Mark of Elector Oath of Person Assisting Elector (if any): I, the undersigned, do swear (or affirm) that I assisted the above-named elector in marking such electors absentee ballot as such elector personally communicated such electors preference to me; that I am satisfied that such elector presently possesses the disability noted below; and that by reason of such disability such elector is entitled to receive assistance in voting under provisions of subsection (a) of Code Section 21-2-409.
This, the ______ day of _________ _________.
________________________ Signature of Person Assisting
Elector -- Relationship Reason for assistance (Check appropriate square):
( ) Elector is unable to read the English language. ( ) Elector has following physical disability _________________________. The forms upon which such oaths are printed shall contain the following information: Georgia law provides, in subsection (b) of Code Section 21-2-409, that no person shall assist more than ten electors in any primary or election. Georgia law further provides that any person who knowingly falsifies information so as to vote illegally by absentee ballot or who illegally gives or receives assistance in voting, as specified in Code Section 21-2-568, 21-2-573, or 21-2-579, shall be guilty of a misdemeanor. (2) In the case of absent uniformed services or overseas voters, if the Presidential presidential designee under Section 705(b) of the federal Help America Vote Act promulgates a standard oath for use by such voters, the Secretary of State shall be required to use such oath on absentee ballot materials for such voters and such oath shall be accepted in lieu of the oath set forth in paragraph (1) of this subsection. (d) Each board of registrars or absentee ballot clerk shall maintain for public inspection a master list, arranged by precincts, setting forth the name and residence of every elector to whom an official absentee ballot has been sent. Absentee electors whose names appear on the master list may be challenged by any elector prior to 12:00 Noon 5:00 P.M. on the day of before the primary or election."
SECTION 52. Said chapter is further amended by striking paragraph (1) of subsection (a) and subsection (e) of Code Section 21-2-386, relating to safekeeping, certification, and

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validation of absentee ballots, and inserting in lieu thereof a new paragraph (1) and subsection (e) to read as follows:
"(a)(1)(A) The board of registrars or absentee ballot clerk shall keep safely and unopened all official absentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election except as otherwise provided in this subsection. (B) Upon receipt of each ballot, a registrar or clerk shall write the day and hour of the receipt of the ballot on its envelope. The registrar or clerk shall then compare the identifying information on the oath with the information on file in his or her office, shall compare the signature or mark on the oath with the signature or mark on the absentee electors application for absentee ballot or a facsimile of said signature or mark taken from said application, and shall, if the information and signature appear to be valid, so certify by signing or initialing his or her name below the voters oath. Each electors name so certified shall be listed by the registrar or clerk on the numbered list of absentee voters prepared for his or her precinct. (C) If the elector has failed to sign the oath, or if the signature does not appear to be valid, or if the elector has failed to furnish required information or information so furnished does not conform with that on file in the registrars or clerks office, or if the elector is otherwise found disqualified to vote, the registrar or clerk shall write across the face of the envelope 'Rejected,' giving the reason therefor. The board of registrars or absentee ballot clerk shall promptly notify the elector of such rejection, a copy of which notification shall be retained in the files of the board of registrars or absentee ballot clerk for at least one year. (D) Three copies of the numbered list of voters shall also be prepared for such rejected absentee electors, giving the name of the elector and the reason for the rejection in each case. Three copies of the numbered list of certified absentee voters and three copies of the numbered list of rejected absentee voters for each precinct shall be turned over to the poll manager in charge of counting the absentee ballots and shall be distributed as required by law for numbered lists of voters. (E) All absentee ballots returned to the board or absentee ballot clerk after the closing of the polls on the day of the primary or election shall be safely kept unopened by the board or absentee ballot clerk and then transferred to the appropriate clerk for storage for the period of time required for the preservation of ballots used at the primary or election and shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election. The board of registrars or absentee ballot clerk shall promptly notify the elector by first-class mail that the electors ballot was returned too late to be counted and that the elector will not receive credit for voting in the primary or election. All such late absentee ballots shall be delivered to the appropriate clerk and stored as provided in Code Section 21-2-390. (F) Notwithstanding any provision of this chapter to the contrary, until the United States Department of Defense notifies the Secretary of State that the Department of Defense has implemented a system of expedited absentee voting for those electors

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covered by this subparagraph, absentee ballots cast in a primary, election, or runoff by eligible absentee electors who reside outside the county or municipality in which the primary runoff or election runoff is held and are members of the armed forces of the United States, members of the merchant marine of the United States, spouses or dependents of members of the armed forces or merchant marine residing with or accompanying such members, or overseas citizens that are postmarked by the date of such primary, election, or runoff and are received within the three day period following such primary, election, or runoff, if proper in all other respects, shall be valid ballots and shall be counted and included in the certified election results." "(e) If an absentee electors right to vote has been challenged for cause, a poll officer shall open the envelopes and write 'Challenged,' the electors name, and the alleged cause of challenge on the back of the ballot, without disclosing the markings on the face thereof, and shall deposit the ballot in the box; and it shall be counted as other challenged ballots are counted. In the case of absentee votes cast on direct recording electronic voting systems, the ballots shall be coded in such a way that the ballot of a challenged voter can be separated from other valid ballots at the time of tabulation and the challenged ballots shall be counted or rejected in accordance with Code Section 212-230. Where direct recording electronic voting systems are used for absentee balloting and a challenge to an electors right to vote is made prior to the time that the elector votes, the elector shall vote on a paper or optical scanning ballot and such ballot shall be handled as provided in this subsection. The board of registrars or absentee ballot clerk shall promptly notify the elector of such challenge."
SECTION 53. Said chapter is further amended by striking Code Section 21-2-387, relating to procedure as to ballots of deceased electors, and inserting in lieu thereof a new Code Section 21-2387 to read as follows:
"21-2-387. Whenever it shall be made to appear by due proof to the managers that an absentee elector who has marked and forwarded or delivered his or her ballot as provided in this article has died prior to the opening of the polls on the day of the primary or election, the ballot of such deceased elector shall be returned by the managers in the same manner as provided for rejected ballots Reserved."
SECTION 54. Said chapter is further amended by striking subsection (a) of Code Section 21-2-400, relating to duty of superintendent to obtain cards of instruction, blank forms of oaths, and other forms and supplies, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Prior to each primary and election, the superintendent shall obtain from the Secretary of State a sufficient number of cards of instruction for guidance of electors. Such cards of instruction shall include such portions of this chapter as deemed necessary by the Secretary of State and shall be printed for the type of voting

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equipment or ballots used in the county or municipality. The superintendent shall also obtain from the Secretary of State a sufficient number of blank forms of oaths of poll officers, voters certificates, voting rights posters, notices of penalties, oaths of assisted electors, numbered list of voters, tally sheets, return sheets, and such other forms and supplies required by this chapter, in each precinct of the county or municipality."
SECTION 55. Said chapter is further amended by striking subsections (a) and (b) of Code Section 21-2408, relating to poll watchers, and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a)(1) In a primary or run-off primary, each candidate entitled to have his or her name placed on the primary or run-off primary ballot may submit the name of one poll watcher for each precinct in which he or she wishes to have an observer to the chairperson or secretary of the appropriate party executive committee at least 21 days prior to such primary or 14 days prior to such run-off primary. The appropriate party executive committee shall designate at least seven days prior to such primary or runoff primary no more than two poll watchers for each precinct, such poll watchers to be selected by the committee from the list submitted by party candidates. Official poll watchers shall be given a letter signed by the party chairperson and secretary, if designated by a political party, containing the following information: name of official poll watcher, address, precinct in which he or she shall serve, and name and date of primary or run-off primary. At least three days prior to the primary, a copy of the letter shall be delivered to the superintendent of the county or municipality in which the poll watcher is to serve. (2) In a primary or run-off primary, each candidate entitled to have his or her name placed on the primary or run-off primary ballot may submit the name of one poll watcher for each location at which advance voting is conducted pursuant to subsection (b) of Code Section 21-2-380 in which he or she wishes to have an observer to the chairperson or secretary of the appropriate party executive committee at least 21 days prior to the beginning of the advance voting period for a primary or 14 days prior to such period in a run-off primary. The appropriate party executive committee shall designate at least seven days prior to such advance voting period for a primary or runoff primary no more than two poll watchers for each advance voting location, such poll watchers to be selected by the committee from the list submitted by party candidates. Official poll watchers shall be given a letter signed by the party chairperson and secretary, if designated by a political party, containing the following information: name of official poll watcher, address, precinct in which he or she shall serve, and name and date of primary or run-off primary. At least three days prior to the beginning of the advance voting period, a copy of the letter shall be delivered to the superintendent and the chief registrar of the county or municipality in which the poll watcher is to serve. (b)(1) In an election or run-off election, each political party and political body shall each be entitled to designate, at least seven days prior to such election or run-off

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election, no more than two official poll watchers in each precinct to be selected by the appropriate party or body executive committee. Each independent candidate shall be entitled to designate one poll watcher in each precinct. In addition, candidates running in a nonpartisan election shall be entitled to designate one poll watcher in each precinct. Each poll watcher shall be given a letter signed by the appropriate political party or body chairperson and secretary, if a party or body designates same, or by the independent or nonpartisan candidate, if named by the independent or nonpartisan candidate. Such letter shall contain the following information: name of official poll watcher, address, precinct in which he or she shall serve, and date of election or run-off election. At least three days prior to the election, a copy of the letter shall be delivered to the superintendent of the county or municipality in which the poll watcher is to serve. (2) In an election or run-off election, each political party and political body, which body is registered pursuant to Code Section 21-2-110 and has nominated a candidate for state-wide office, shall additionally be entitled to designate, at least 14 days prior to such election or run-off election, no more than five 25 official state-wide poll watchers to be selected by the appropriate party or body executive committee. Each independent candidate shall also be entitled to designate five no more than 25 official state-wide poll watchers. In addition, candidates running in a state-wide nonpartisan election shall be entitled to designate five no more than 25 official state-wide poll watchers. All such designations of state-wide poll watchers shall be in writing and made and submitted to the State Election Board. A state-wide poll watcher shall have the same powers and duties as poll watchers and shall be entitled to watch the polls in any precinct in the state but shall otherwise be subject to all limitations and prohibitions placed on poll watchers; provided, however, that no more than two statewide poll watchers of a political party or body, of an independent candidate, or of a nonpartisan candidate shall be in the same polling place simultaneously. Each statewide poll watcher shall be given a letter signed by the chairperson of the State Election Board. Such letter shall contain the following information: name of official state-wide poll watcher, address, a statement that such poll watcher is a state-wide poll watcher, and date of election or run-off election. At least three days prior to the election, a copy of the letter shall be delivered to the superintendent of each county in which the poll watcher might serve.
(3)(A) In an election or run-off election, each political party and political body shall each be entitled to designate, at least seven days prior to the beginning of the advance voting period for such election or run-off election, no more than two official poll watchers for each location at which advance voting is conducted pursuant to subsection (b) of Code Section 21-2-380 to be selected by the appropriate party or body executive committee. Each independent candidate shall be entitled to designate one poll watcher for each location at which advance voting is conducted pursuant to subsection (b) of Code Section 21-2-380. In addition, candidates running in a nonpartisan election shall be entitled to designate one poll watcher for each location at which advance voting is conducted pursuant to

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subsection (b) of Code Section 21-2-380. Each poll watcher shall be given a letter signed by the appropriate political party or body chairperson and secretary, if a party or body designates same, or by the independent or nonpartisan candidate, if named by the independent or nonpartisan candidate. Such letter shall contain the following information: name of official poll watcher, address, precinct in which he or she shall serve, and date of election or run-off election. At least three days prior to the beginning of the advance voting period for such election, a copy of the letter shall be delivered to the superintendent and the chief registrar of the county or municipality in which the poll watcher is to serve. (B) In an election or run-off election, each political party and political body, which body is registered pursuant to Code Section 21-2-110 and has nominated a candidate for state-wide office, shall additionally be entitled to designate, at least 14 days prior to the beginning of the advance voting period for such election or run-off election, no more than 25 official state-wide poll watchers for such advance voting period to be selected by the appropriate party or body executive committee. Each independent candidate shall also be entitled to designate no more than 25 official state-wide poll watchers for such advance voting period. In addition, candidates running in a state-wide nonpartisan election shall be entitled to designate no more than 25 official state-wide poll watchers for such advance voting period. All such designations of state-wide poll watchers shall be in writing and made and submitted to the State Election Board. A state-wide poll watcher shall have the same powers and duties as poll watchers and shall be entitled to watch any advance voting location in the state but shall otherwise be subject to all limitations and prohibitions placed on poll watchers; provided, however, that no more than two state-wide poll watchers of a political party or body, of an independent candidate, or of a nonpartisan candidate shall be in an advance voting location simultaneously. Each state-wide poll watcher shall be given a letter signed by the chairperson of the State Election Board. Such letter shall contain the following information: name of official state-wide poll watcher, address, a statement that such poll watcher is a state-wide poll watcher for advance voting, and date of election or run-off election. At least three days prior to the beginning of the advance voting period for such election, a copy of the letter shall be delivered to the superintendent and chief registrar of each county in which the poll watcher might serve."
SECTION 56. Said chapter is further amended by striking subsections (c) and (d) of Code Section 21-2414, relating to restrictions on campaign activities and public opinion polling within the vicinity of a polling place, and inserting in lieu thereof new subsections (c), (d), and (d.1) to read as follows:
"(c) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters within a room under the control or supervision of

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the registrars or absentee ballot clerk in which absentee ballots are being cast on any day or within 150 feet of any elector waiting to cast an absentee ballot pursuant to subsection (b) of Code Section 21-2-380. No campaign literature, booklet, pamphlet, card, sign, or other written or printed matter shall be displayed in any building containing a room under the control or supervision of the registrars or absentee ballot clerk in which absentee ballots are cast during the period when absentee ballots are available for voting. These restrictions shall not apply to conduct occurring in private offices or areas which cannot be seen or heard by such electors. (d) No person shall solicit signatures for any petition within a room under the control or supervision of the registrars or absentee ballot clerk in which absentee ballots are being cast on any day. (d.1) Rooms under the control or supervision of the registrars or absentee ballot clerk in which absentee ballots are cast shall be considered polling places."
SECTION 57. Said chapter is further amended by striking Code Section 21-2-417, relating to presentation of identification to poll workers, and inserting in lieu thereof a new Code Section 21-2-417 to read as follows:
"21-2-417. (a) Each elector shall present proper identification to a poll worker at or prior to completion of a voters certificate at any polling place and prior to such persons admission to the enclosed space at such polling place. Proper identification shall consist of any one of the following:
(1) A valid Georgia drivers license; (2) A valid identification card containing a photograph of the elector and issued by a branch, department, agency, or entity of the State of Georgia, any other state, or the United States authorized by law to issue personal identification; (3) A valid United States passport; (4) A valid employee identification card containing a photograph of the elector and issued by any branch, department, agency, or entity of the United States government, this state, or any county, municipality, board, authority, or other entity of this state; (5) A valid employee identification card containing a photograph of the elector and issued by any employer of the elector in the ordinary course of such employers business; (6) (5) A valid student identification card containing a photograph of the elector from any public or private college, university, or postgraduate technical or professional school located within the State of Georgia; or (7) A valid Georgia license to carry a pistol or revolver; (8) A valid pilots license issued by the Federal Aviation Administration or other authorized agency of the United States; (9) (6) A valid United States military identification card containing a photograph of the elector;. (10) A certified copy of the electors birth certificate;

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(11) A valid social security card; (12) Certified naturalization documentation; (13) A certified copy of court records showing adoption, name, or sex change; (14) A current utility bill, or a legible copy thereof, showing the name and address of the elector; (15) A bank statement, or a legible copy thereof, showing the name and address of the elector; (16) A government check or paycheck, or a legible copy thereof, showing the name and address of the elector; or (17) A government document, or a legible copy thereof, showing the name and address of the elector. (b) If an elector is unable to produce any of the items of identification listed in subsection (a) of this Code section, he or she shall sign a statement under oath in a form approved by the Secretary of State, separate and distinct from the electors voter certificate, swearing or affirming that he or she is the person identified on the electors voter certificate. Such person shall be allowed to vote without undue delay; provided, however, that an An elector who registered for the first time in this state by mail and did not provide one of the forms of identification set forth in subsection (a) of this Code section at the time of registration and who is voting for the first time may vote a provisional ballot pursuant to Code Section 21-2-418 upon swearing or affirming that the elector is the person identified in the electors voter certificate. Such provisional ballot shall only be counted if the registrars are able to verify current and valid photo identification of the elector as provided in subsection (a) of this Code section within the time period for verifying provisional ballots pursuant to Code Section 21-2-419. Falsely swearing or affirming such statement under oath shall be punishable as a felony, and the penalty shall be distinctly set forth on the face of the statement."
SECTION 58. Said chapter is further amended by striking Code Section 21-2-418, relating to provisional ballots, and inserting in lieu thereof a new Code Section 21-2-418 to read as follows:
"21-2-418. (a) If a person presents himself or herself at a polling place, absentee polling place, or registration office for the purpose of casting a ballot in a primary or election believing that he or she has timely registered to vote in such primary or election and the persons name does not appear on the list of registered electors and it cannot be immediately determined that the person did timely register to vote in such primary or election, the person shall be entitled to cast a provisional ballot as provided in this Code section. (b) Such person voting a provisional ballot shall complete an official voter registration form and a provisional ballot voting certificate which shall include information about the place, manner, and approximate date on which the person registered to vote. The person shall swear or affirm in writing that he or she previously registered to vote in such primary or election, is eligible to vote in such primary or election, has not voted

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previously in such primary or election, and meets the criteria for registering to vote in such primary or election. The form of the provisional ballot voting certificate shall be prescribed by the Secretary of State. The person shall also present the identification required by Code Section 21-2-417. (c) When the person has provided the information as required by this Code section, the person shall be issued a provisional ballot and allowed to cast such ballot as any other duly registered elector subject to the provisions of Code Section 21-2-419. (d) Notwithstanding any provision of this chapter to the contrary, in primaries and elections in which there is a federal candidate on the ballot, in the event that the time for closing the polls at a polling place or places is extended by court order, all electors who vote during such extended time period shall vote by provisional ballot only. Such ballots shall be separated and held apart from other provisional ballots cast by electors during normal poll hours. Primaries and elections in which there is no federal candidate on the ballot shall not be subject to the provisions of this subsection. (e) The registrars shall establish a free access system, such as a toll-free telephone number or Internet website, by which any elector who casts a provisional ballot in a primary or election, or runoff of either, in which federal candidates are on the ballot may ascertain whether such ballot was counted and, if such ballot was not counted, the reason why such ballot was not counted. The registrars shall establish and maintain reasonable procedures necessary to protect the security, confidentiality, and integrity of personal information collected, stored, or otherwise used by such free access system. Access to such information about an individual provisional ballot shall be restricted to the elector who cast such ballot. (f) At the time an elector casts a provisional ballot, the poll officers shall give the elector written information that informs the elector of the existence of the free access system required by subsection (e) of this Code section by which the elector will be able to ascertain if his or her ballot was counted and, if such ballot was not counted, the reason why such ballot was not counted. (g) Failure to establish such free access system shall subject the registrars and the county by which the registrars are employed to sanctions by the State Election Board. (h) Notwithstanding any other provision of this chapter to the contrary, in the event that the voting machines or DRE units at a polling place malfunction and cannot be used to cast ballots or some other emergency situation exists which prevents the use of such equipment to cast votes, provisional ballots may be used by the electors at the polling place to cast their ballots. In such event, the ballots cast by electors whose names appear on the electors list for such polling place shall not be considered provisional ballots and shall not require verification as provided by Code Section 21-2419; provided, however, that persons whose names do not appear on the electors list for such polling place shall vote provisional ballots which shall be subject to verification under Code Section 21-2-419."
SECTION 59. Said chapter is further amended by striking Code Section 21-2-430, relating to opening of

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ballot boxes and posting of instruction cards and notices of penalties, and inserting in lieu thereof a new Code Section 21-2-430 to read as follows:
"21-2-430. In precincts in which ballots are used, the poll officers shall, after taking the oath, publicly open the ballot boxes which have been furnished to them and shall, prior to opening of the polls, totally destroy any ballots and other papers which they may find therein which are not intended for use in such primary or election. When the polling place is opened, the ballot box shall be securely locked and shall not be opened until the close of the polls, as provided in Code Section 21-2-436. At the opening of the polls, the seals of the packages furnished by the superintendent shall be publicly broken and such packages shall be opened by the chief manager. The cards of instruction shall be immediately posted in each voting compartment. Not less than three such cards and notices of penalties One card of instruction, one notice of penalties, and one voting rights poster shall be immediately posted in or about the voting room outside the enclosed space; and such cards card of instruction, and notices notice of penalties, and voting rights poster shall be given to any elector at his or her request so long as there are any on hand."
SECTION 60. Said chapter is further amended by striking subsection (a) of Code Section 21-2-450, relating to opening of the polls, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a)(1) In the precincts in which voting machines are used, the seals of the package furnished by the superintendent shall be publicly broken at the opening of the polls and such package shall be opened by the chief manager. Not less than three cards of instruction and notices of penalties, One card of instructions, one notice of penalties, one voting rights poster, and not less than two diagrams of the face of the machine shall be immediately posted in or about the voting room outside the enclosed space; and such cards, and notices of penalties, and voting rights posters shall be given to any elector at his or her request, so long as there are any on hand. (2) The managers, before opening the envelope containing the keys which unlock the operating mechanism and registering counters or counter compartment of the voting machine, shall examine the number of the seal on the machine and the number registered on the protective counter or device and shall see whether they are the same as the numbers written on the envelope containing the keys. If either number shall be found not to agree, the envelope shall remain unopened until the poll officers shall have notified the proper custodian of voting machines, or the superintendent and until the custodian or some other person authorized by the superintendent shall have presented himself or herself at the polling place for the purpose of reexamining the machine and shall have certified that it is properly arranged. But, if the numbers on the seal and the protective counter or device shall both be found to agree with the numbers on the envelope, the envelope shall be opened, and where the voting machine provided is not equipped with a mechanism for printing paper proof sheets,

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the poll officers shall examine the registering counters and, for that purpose, shall open the doors concealing such counter, if the construction of the voting machine shall so require; and, before the polls are opened, each manager shall carefully examine every counter and shall see that it registers zero. When the voting machine provided is equipped with a mechanism for printing paper proof sheets and requires the simultaneous use of three keys to unlock the registering counters or counter compartment, the chief manager shall deliver one of the two keys to an assistant manager, to be retained by him or her, and shall then print at least two proof sheets, one of which each manager shall carefully examine to ascertain whether every counter registers zero and shall then preserve such proof sheets to be signed by them and returned to the superintendent, with the duplicate return sheet, and shall sign and post the other proof sheet upon the wall of the polling place, where it shall remain until the polls are closed. The key delivered by the chief manager to such assistant manager, as provided in this subsection, shall be retained by him or her until the polls have been closed; and the voting and counting mechanism of the machine shall have been locked and sealed against voting and shall then be returned to the chief manager, for return by him or her to the superintendent, as provided in this part."
SECTION 61. Said chapter is further amended by striking Code Section 21-2-501, relating to number of votes required for election, and inserting in lieu thereof a new Code Section 21-2-501 to read as follows:
"21-2-501. (a) Except as otherwise provided in this Code section, no candidate shall be nominated for public office in any primary or special primary or elected to public office in any election or special election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. In instances where no candidate receives a majority of the votes cast, a run-off primary, special primary runoff, run-off election, or special election runoff between the candidates receiving the two highest numbers of votes shall be held. Unless such date is postponed by a court order, such run-off primary, or special primary runoff, or special election runoff shall be held on the twenty-first day after the day of holding the preceding primary or special primary or special election, provided that, unless postponed by court order, a runoff in the case of a special primary an election or special election shall be held no sooner than the fourteenth day and no later than the twenty-first on the twenty-eighth day after the day of holding the preceding special primary election or special election, which run-off day shall be determined by the Secretary of State in a runoff to fill a federal or state office or by the superintendent in a runoff to fill a county or militia district office. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the highest number of the votes cast in such runoff primary, special primary runoff, run-off election, or special election runoff to fill the nomination or public office sought shall be declared the winner. The name of a write-in

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candidate eligible for election in a runoff shall be printed on the election or special election run-off ballot in the independent column. The run-off primary, special primary runoff, run-off election, or special election runoff shall be a continuation of the primary, special primary, election, or special election for the particular office concerned. Only the electors who were duly registered to vote and not subsequently deemed disqualified to vote in the primary, special primary, election, or special election for candidates for that particular office shall be entitled to vote therein, and only those votes cast for the persons designated as candidates in such run-off primary, special primary runoff, runoff election, or special election runoff shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a run-off primary or special primary runoff in violation of Code Section 21-2-224. (b) For the purposes of this subsection and notwithstanding the provisions of paragraph (22) of Code Section 21-2-2, the word 'plurality' shall mean the receiving by one candidate alone of the highest number of votes cast. If the municipal charter or ordinances of a municipality as now existing or as amended subsequent to September 1, 1968, provide that a candidate may be nominated or elected by a plurality of the votes cast to fill such nomination or public office, such provision shall prevail. Otherwise, no municipal candidate shall be nominated for public office in any primary or elected to public office in any election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. (c) In instances in which no municipal candidate receives a majority of the votes cast and the municipal charter or ordinances do not provide for nomination or election by a plurality vote, a run-off primary or election shall be held between the candidates receiving the two highest numbers of votes. Such runoff shall be held on the twentyfirst day after the day of holding the first primary or election, unless such run-off date is postponed by court order. Only the electors entitled to vote in the first primary or election shall be entitled to vote in any run-off primary or election resulting therefrom; provided, however, that no elector shall vote in a run-off primary in violation of Code Section 21-2-216. The run-off primary or election shall be a continuation of the first primary or election, and only those votes cast for the candidates receiving the two highest numbers of votes in the first primary or election shall be counted. No write-in votes may be cast in such a primary, run-off primary, or run-off election. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in such runoff. The municipal candidate receiving the highest number of the votes cast in such run-off primary or run-off election to fill the nomination or public office sought shall be declared the winner. (d) The name of a municipal write-in candidate eligible for election in a municipal runoff shall be printed on the municipal run-off election ballot in the independent column. (e) In all cities having a population in excess of 100,000 according to the United States decennial census of 1980 or any future such census, in order for a municipal candidate

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to be nominated for public office in any primary or elected to public office in any municipal election, he or she must receive a majority of the votes cast. (f) Except for presidential electors, to be elected to public office in a general election, a candidate must receive a plurality majority of the votes cast in an election to fill such public office. To be elected to the office of presidential electors, no slate of candidates shall be required to receive a plurality majority of the votes cast, but that slate of candidates shall be elected to such office which receives the highest number of votes cast. (g) In the event that no candidate receives a plurality of the votes cast in a general election, a runoff of the general election between the candidates receiving the two highest numbers of votes shall be held. If more than one candidate in a general election receives a plurality of the votes cast, the candidate receiving the highest number of votes cast shall be declared the winner. Unless such date is postponed by a court order, such runoff shall be held on the twenty-first day after the day of holding the preceding general election. If any candidate eligible to be in such runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the highest number of the votes cast in such runoff to fill the public office such candidate seeks shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the run-off election ballot in the independent column. The run-off election of a general election shall be a continuation of the general election for the particular office concerned. Only the electors who were duly registered to vote and not subsequently deemed disqualified to vote for that particular office in such general election shall be entitled to vote therein, and only those votes cast for the persons designated as candidates in such runoff shall be counted in the tabulation and canvass of the votes cast."
SECTION 62. Said chapter is further amended by striking subsections (b) and (e) of Code Section 21-2540, relating to conduct of special elections generally, and inserting in lieu thereof new subsections (b) and (e) to read as follows:
"(b) At least 29 days shall intervene between the call of a special primary and the holding of same, and at least 29 days shall intervene between the call of a special election and the holding of same. The period during which candidates may qualify to run in a special primary or a special election shall remain open for a minimum of two and one-half days. Municipal special Special elections which are to be held in conjunction with a state-wide general primary or state-wide general election shall be called at least 60 days prior to the date of such state-wide general primary or state-wide general election; provided, however, that this requirement shall not apply to special elections held on the same date as such state-wide general primary or state-wide general election but conducted completely separate and apart from such state-wide general primary or state-wide general election using different ballots or voting equipment, facilities, poll workers, and paperwork."

FRIDAY, MARCH 11, 2005

2299

"(e) Candidates in special elections for partisan offices shall not be listed on the ballot according to party affiliation unless a candidate has been nominated in a special primary, in which event such a candidate shall have his or her name placed in a column under the name of his or her party. The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot."
SECTION 63. Said chapter is further amended by adding a new Code Section 21-2-603 to read as follows:
"21-2-603. A person commits the offense of conspiracy to commit election fraud when he or she conspires or agrees with another to commit a violation of this chapter. The crime shall be complete when the conspiracy or agreement is effected and an overt act in furtherance thereof has been committed, regardless of whether the violation of this chapter is consummated. A person convicted of the offense of conspiracy to commit election fraud involving a violation of this chapter which is a felony shall be punished by imprisonment for not less than one year nor more than one-half the maximum period of time for which he or she could have been sentenced if he or she had been convicted of the crime conspired to have been committed, by one-half the maximum fine to which he or she could have been subjected if he or she had been convicted of such crime, or both. A person convicted of the offense of conspiracy to commit election fraud involving a violation of this chapter which is a misdemeanor shall be punished as for a misdemeanor."
SECTION 64. In the event any Code section, subsection, paragraph, subparagraph, item, sentence, clause, phrase, or word of this Act is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of this Act, which shall remain of full force and effect as if such portion so declared or adjudged invalid or unconstitutional were not originally a part of this Act. The General Assembly declares that it would have enacted the remaining parts of this Act if it had known that such portion thereof would be declared or adjudged invalid or unconstitutional.
SECTION 65. Except for Section 13, this Act shall become effective on July 1, 2005. Section 13 shall become effective on January 1, 2006.
SECTION 66. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the Rules Committee substitute, the roll call was ordered and the vote was as follows:

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JOURNAL OF THE HOUSE

Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague N Benfield Y Benton Y Black N Bordeaux E Borders Y Bridges N Brooks Y Brown N Bruce E Bryant N Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell N Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day N Dean Y Dickson E Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene N Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A

N Holmes Y Holt Y Horne N Houston N Howard E Hudson N Hugley N Jackson N Jacobs N James N Jamieson N Jenkins E Jennings N Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown N Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin Y Martin

Y Maxwell Y May Y McCall N McClinton Y Meadows Y Millar Y Miller Y Mills N Mitchell N Morgan N Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock E Parham E Parrish Y Parsons N Porter N Powell Y Ralston N Randall N Ray N Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers N Royal Y Rynders

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M E Thomas, B Y Tumlin Y Walker N Warren
Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Richardson, Speaker

On the adoption of the Rules Committee substitute, the ayes were 101, nays 62.

The Rules Committee 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:

Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard

Y Crawford N Cummings Y Davis Y Day N Dean

N Holmes Y Holt Y Horne N Houston N Howard

Y Maxwell Y May Y McCall N McClinton Y Meadows

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler

FRIDAY, MARCH 11, 2005

2301

E Barnes Y Bearden N Beasley-Teague N Benfield Y Benton N Black N Bordeaux E Borders Y Bridges N Brooks Y Brown N Bruce E Bryant N Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell N Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Dickson E Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene N Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A

E Hudson N Hugley N Jackson N Jacobs N James N Jamieson N Jenkins E Jennings N Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown N Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey N Lord Y Loudermilk E Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin Y Martin

Y Millar Y Miller Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock E Parham E Parrish Y Parsons N Porter N Powell Y Ralston N Randall N Ray N Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers N Royal Y Rynders

Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M E Thomas, B Y Tumlin Y Walker N Warren
Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 98, nays 65.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Due to a mechanical malfunction, the vote of Representative Heard of the 114th was recorded as "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

By unanimous consent, HB 244 was ordered immediately transmitted to the Senate.

The following Bill of the House, having been postponed from the previous legislative day, was taken up for consideration and read the third time:

HB 292. By Representatives Rogers of the 26th, Mills of the 25th, Reece of the 27th, Hembree of the 67th, Benton of the 31st and others:

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JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to season and bag limits, promulgation of rules and regulations by the board, possession of more than bag limit, and reporting number of deer killed, so as to change certain provisions relating to closed seasons for deer; to change certain provisions relating to open seasons, bag limits, and antler restrictions for deer; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:

A BILL

To amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to season and bag limits, promulgation of rules and regulations by the board, possession of more than bag limit, and reporting number of deer killed, so as to change certain provisions relating to closed seasons for deer; to change certain provisions relating to open seasons, bag limits, and antler restrictions for deer; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to season and bag limits, promulgation of rules and regulations by the board, possession of more than bag limit, and reporting number of deer killed, is amended by striking paragraph (4) of subsection (a) and inserting in lieu thereof the following:

"(4) Deer

Jan. 16 -- Sept. 7; except that the closed season may be Feb. 1 - Sept. 7 in those counties specified as having an extended archery-only open season in paragraph (4) of subsection (b) of this Code section"

SECTION 2. Said Code section is further amended by striking paragraph (4) of subsection (b) and inserting in lieu thereof the following:

"(4) Deer

Sept. 8 -- Jan. 15; except that there may The daily limit shall be be also an extended archery-only open ten antlerless deer and season Jan. 1 Jan. 31 in the counties of two antlered bucks. Clayton, Cobb, DeKalb, Forsyth, Fulton, The season limit shall Gwinnett, and Rockdale due to the extra be ten antlerless deer need for herd reduction in that urban and and two antlered bucks.

FRIDAY, MARCH 11, 2005

2303

suburban area of the state

Only one antlered buck may have less than four points one inch or longer on one side of the antlers.

Up to two deer per

managed hunt may be

allowed on wildlife

management

areas

without complying with

the state-wide bag limit"

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:

Abdul-Salaam Y Amerson
Anderson Ashe Y Barnard E Barnes Y Bearden Beasley-Teague Benfield Y Benton Y Black Bordeaux E Borders Y Bridges Brooks Y Brown Bruce E Bryant Buckner, D Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson
Dollar Drenner Dukes Y Ehrhart Y England Epps Y Fleming Floyd, H Floyd, J Fludd Y Forster Y Franklin Y Freeman Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene Hanner Y Harbin

Holmes N Holt Y Horne Y Houston
Howard E Hudson
Hugley Jackson Jacobs James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Jones, S Jordan Y Keen Y Keown Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Lord

Y Maxwell Y May Y McCall
McClinton Y Meadows Y Millar Y Miller Y Mills
Mitchell Morgan Y Morris Mosby Y Mosley Y Mumford Y Murphy, J Murphy, Q Y Neal Y Oliver Y O'Neal Orrock E Parham E Parrish Y Parsons Porter N Powell Y Ralston Randall Y Ray

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C
Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Thomas, A.M E Thomas, B Y Tumlin Y Walker Warren Watson

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JOURNAL OF THE HOUSE

Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Hatfield Y Heard, J
Heard, K Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A

Y Loudermilk E Lucas Y Lunsford Y Maddox
Mangham Y Manning
Marin Y Martin

Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Wilkinson Y Willard
Williams, A Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 110, nays 2.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 186. By Representatives Mitchell of the 88th, Mosley of the 178th, Floyd of the 99th, Meadows of the 5th and Henson of the 87th:

A BILL to be entitled an Act to amend Code Section 36-87-2 of the Official Code of Georgia Annotated, relating to the authority of counties and municipal corporations to participate in federal programs, so as to expand the purposes for which federal funds may be used by a county or municipal corporation; to repeal conflicting laws; and for other purposes.

The following amendment was read and adopted:

Representative Cox of the 102nd et al. move to amend HB 186 by striking "To" from line 1 on page 1 and inserting in lieu thereof the following:

"To amend provisions of the Official Code of Georgia Annotated relating to funds; to amend Chapter 21A of Title 15 of the Official Code of Georgia Annotated, relating to judicial accounting, so as to remove the penalties for failure to remit funds; to".

By inserting between lines 5 and 6 on page 1 the following:

"SECTION 1. Chapter 21A of Title 15 of the Official Code of Georgia Annotated, relating to judicial accounting, is amended by repealing Code Section 15-21A-8, relating to penalties for failure to remit funds, which reads as follows:
'15-21A-8. Any clerk of court or any other officer or agent receiving any funds subject to this chapter who knowingly fails to pay over any such funds to the authority as required by this chapter, after receiving notice from the authority that such funds are delinquent, shall be guilty of a misdemeanor, except that if the amount of funds knowingly not paid over is $10,000.00 or more then such person shall be guilty of a felony and punished by

FRIDAY, MARCH 11, 2005

2305

imprisonment for not less than one nor more than ten years. The offense created by this Code section shall not merge with any other offense.'"

By renumbering Sections 1 and 2 as Sections 2 and 3, respectively.

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:

Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard E Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D
Buckner, G Y Burkhalter N Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Crawford Cummings
N Davis Y Day Y Dean Y Dickson E Dodson
Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming N Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Freeman E Gardner Y Geisinger
Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Holmes Y Holt Y Horne Y Houston
Howard E Hudson Y Hugley
Jackson Y Jacobs
James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S
Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey
Lord Y Loudermilk E Lucas Y Lunsford Y Maddox
Mangham Y Manning
Marin Y Martin

Y Maxwell N May Y McCall
McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J
Murphy, Q Y Neal Y Oliver Y O'Neal
Orrock E Parham E Parrish Y Parsons
Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M E Thomas, B Y Tumlin Y Walker Y Warren
Watson Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, as amended, the ayes were 137, nays 4.

2306

JOURNAL OF THE HOUSE

The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Beasley-Teague of the 65th 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.

HR 269. By Representatives Graves of the 12th and Ralston of the 7th:

A RESOLUTION designating the intersection of State Highway 515 and State Highway 53 as "Disabled American Veterans 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 roll call was ordered and the vote was as follows:

Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges
Brooks Y Brown Y Bruce E Bryant Y Buckner, D
Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers
Channell Y Cheokas Y Coan

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson
Dollar Y Drenner
Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Freeman E Gardner Y Geisinger
Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K

Holmes Y Holt Y Horne
Houston Y Howard E Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight
Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey
Lord Y Loudermilk E Lucas
Lunsford

Y Maxwell Y May Y McCall
McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal
Oliver Y O'Neal
Orrock E Parham E Parrish Y Parsons Y Porter Y Powell
Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens
Stephenson Y Talton Y Teilhet
Thomas, A.M E Thomas, B Y Tumlin Y Walker Y Warren
Watson Y Wilkinson Y Willard
Williams, A

FRIDAY, MARCH 11, 2005

2307

Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A

Y Maddox Mangham
Y Manning Y Marin Y Martin

Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the adoption of the Resolution, the ayes were 137, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

Representatives Brooks of the 63rd and Channell of the 116th 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 425. By Representatives Harbin of the 118th, Knox of the 24th and Watson of the 91st:

A BILL to be entitled an Act 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; 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:

Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson
Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd

Holmes Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan

Y Maxwell Y May Y McCall
McClinton Meadows Y Millar Y Miller Y Mills Y Mitchell Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre

2308

JOURNAL OF THE HOUSE

E Bryant Y Buckner, D
Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas
Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Forster Y Franklin Y Freeman E Gardner Y Geisinger
Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A

Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis
Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford
Maddox Mangham Y Manning Y Marin Y Martin

Y Oliver Y O'Neal
Orrock E Parham E Parrish Y Parsons Y Porter Y Powell
Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Stanley-Turner Y Stephens
Stephenson Y Talton Y Teilhet
Thomas, A.M E Thomas, B Y Tumlin Y Walker Y Warren
Watson Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 141, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

Representative Lindsey of the 54th 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 669. By Representative Martin of the 47th:

A BILL to be entitled an Act to amend Code Section 50-14-1 of the Official Code of Georgia Annotated, relating to open meetings requirements, so as to revise a definition; to provide that certain associations of school districts in this state are subject to the open meetings statute; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL

To amend Code Section 50-14-1 of the Official Code of Georgia Annotated, relating to open meetings requirements, so as to revise a definition; to provide that certain associations of school districts in this state are subject to the open meetings statute; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

FRIDAY, MARCH 11, 2005

2309

SECTION 1. Code Section 50-14-1 of the Official Code of Georgia Annotated, relating to open meetings requirements, is amended by striking paragraph (1) of subsection (a) and inserting in lieu thereof the following:
"(1) 'Agency' means: (A) Every state department, agency, board, bureau, commission, public corporation, and authority; (B) Every county, municipal corporation, school district, or other political subdivision of this state; (C) Every department, agency, board, bureau, commission, authority, or similar body of each such county, municipal corporation, or other political subdivision of the state; (D) Every city, county, regional, or other authority established pursuant to the laws of this state; and (E) Any association that has a membership body composed in part of school districts of this state, that has as its objective the encouragement of participation in athletics and fine arts through regional and state competition, and that derives a portion of its operating budget from payments from such school districts; and (F) Any nonprofit organization to which there is a direct allocation of tax funds made by the governing authority of any agency as defined in this paragraph and which allocation constitutes more than 33 1/3 percent of the funds from all sources of such organization; provided, however, this subparagraph shall not include hospitals, nursing homes, dispensers of pharmaceutical products, or any other type organization, person, or firm furnishing medical or health services to a citizen for which they receive reimbursement from the state whether directly or indirectly; nor shall this term include a subagency or affiliate of such a nonprofit organization from or through which the allocation of tax funds is made."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by the Committee on Rules, was read and adopted:
A BILL
To amend Code Section 50-14-1 of the Official Code of Georgia Annotated, relating to open meetings requirements, so as to revise a definition; to provide that certain associations of school districts in this state are subject to the open meetings statute; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.

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JOURNAL OF THE HOUSE

Code Section 50-14-1 of the Official Code of Georgia Annotated, relating to open meetings requirements, is amended by striking paragraph (1) of subsection (a) and inserting in lieu thereof the following:
"(1) 'Agency' means: (A) Every state department, agency, board, bureau, commission, public corporation, and authority; (B) Every county, municipal corporation, school district, or other political subdivision of this state; (C) Every department, agency, board, bureau, commission, authority, or similar body of each such county, municipal corporation, or other political subdivision of the state; (D) Every city, county, regional, or other authority established pursuant to the laws of this state; and (E) Any association that has a membership body composed in part of school districts of this state, that has as its objective the encouragement of participation in athletics and fine arts through regional and state competition, and that derives a portion of its operating budget from payments from such school districts; provided, however, that each association defined in this subparagraph shall be subject to all exemptions from the requirements of this chapter and Chapter 18 of this title including, without limitation, those provided for in paragraph (2) of subsection (b) of Code Section 20-2-316; and (F) Any nonprofit organization to which there is a direct allocation of tax funds made by the governing authority of any agency as defined in this paragraph and which allocation constitutes more than 33 1/3 percent of the funds from all sources of such organization; provided, however, this subparagraph shall not include hospitals, nursing homes, dispensers of pharmaceutical products, or any other type organization, person, or firm furnishing medical or health services to a citizen for which they receive reimbursement from the state whether directly or indirectly; nor shall this term include a subagency or affiliate of such a nonprofit organization from or through which the allocation of tax funds is made."

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:

Abdul-Salaam Y Amerson
Anderson Y Ashe

Y Crawford Y Cummings Y Davis Y Day

Y Holmes Y Holt Y Horne Y Houston

Y Maxwell Y May
McCall McClinton

Sailor Y Scheid Y Scott, A Y Scott, M

FRIDAY, MARCH 11, 2005

2311

Y Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G
Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Cooper Y Cox

Dean Y Dickson E Dodson
Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Freeman E Gardner Y Geisinger
Golick Y Graves, D Y Graves, T E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A

Y Howard E Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson
Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin

Meadows Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders

Y Setzler Shaw
Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet
Thomas, A.M E Thomas, B Y Tumlin Y Walker Y Warren
Watson Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 142, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 "aye" thereon.

HB 659. By Representatives Smith of the 131st, Smith of the 113th, Fleming of the 117th, Coan of the 101st and Smith of the 129th:

A BILL to be entitled an Act to amend Chapter 68 of Title 36 of the Official Code of Georgia Annotated, relating to merger of municipal government with county, so as to provide for the vote of the mayor under certain circumstances in the case of a tie; to provide for the effect of abstentions

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under certain circumstances; to provide for an exception; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following amendment was read and adopted:

Representative Murphy of the 23rd moves to amend HB 659 by inserting on line 4 of page 1 after "exception;" the following:

"to provide for referendum approval;".

By redesignating Sections 2 and 3 as Sections 3 and 4, respectively, and by inserting a new Section 2 to read as follows:

"SECTION 2. This Act shall not be applicable to any unified or consolidated government unless approved by the people of such unified or consolidated government in a referendum on the question."

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:

Abdul-Salaam N Amerson N Anderson N Ashe Y Barnard E Barnes Y Bearden N Beasley-Teague N Benfield N Benton N Black N Bordeaux E Borders Y Bridges N Brooks Y Brown N Bruce E Bryant N Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns

Y Crawford N Cummings Y Davis Y Day N Dean Y Dickson E Dodson
Dollar N Drenner N Dukes Y Ehrhart N England N Epps Y Fleming N Floyd, H
Floyd, J N Fludd Y Forster Y Franklin N Freeman E Gardner Y Geisinger
Golick

N Holmes N Holt N Horne Y Houston Y Howard E Hudson N Hugley N Jackson N Jacobs N James N Jamieson N Jenkins E Jennings N Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown N Kidd Y Knight Y Knox Y Lakly

Y Maxwell Y May N McCall
McClinton Meadows Y Millar N Miller Y Mills N Mitchell N Morgan N Morris N Mosby N Mosley N Mumford N Murphy, J N Murphy, Q Y Neal N Oliver O'Neal N Orrock E Parham E Parrish N Parsons

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon N Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R N Smith, T Y Smith, V N Smyre N Stanley-Turner
Stephens N Stephenson N Talton N Teilhet N Thomas, A.M

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2313

Butler N Byrd N Carter
Casas Y Chambers N Channell N Cheokas Y Coan Y Cole N Coleman, B
Coleman, T Y Cooper Y Cox

Y Graves, D Y Graves, T E Greene N Hanner Y Harbin N Hatfield
Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A

Y Lane, B N Lane, R Y Lewis Y Lindsey N Lord Y Loudermilk E Lucas Y Lunsford Y Maddox
Mangham N Manning N Marin Y Martin

N Porter N Powell Y Ralston N Randall N Ray N Reece, B Y Reece, S Y Reese N Rice N Roberts Y Rogers N Royal N Rynders

E Thomas, B Tumlin Walker
Y Warren N Watson N Wilkinson N Willard
Williams, A N Williams, E Y Williams, R N Wix Y Yates
Richardson, Speaker

On the passage of the Bill, as amended, the ayes were 63, nays 86.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Burmeister of the 119th moved that the House reconsider its action in failing to give the requisite constitutional majority to HB 659.

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

Abdul-Salaam N Amerson N Anderson N Ashe N Barnard E Barnes N Bearden N Beasley-Teague N Benfield N Benton
Black N Bordeaux E Borders Y Bridges N Brooks Y Brown N Bruce E Bryant N Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler N Byrd N Carter N Casas Y Chambers N Channell

Y Crawford N Cummings Y Davis Y Day
Dean N Dickson E Dodson
Dollar N Drenner N Dukes Y Ehrhart N England N Epps Y Fleming N Floyd, H
Floyd, J N Fludd Y Forster Y Franklin Y Freeman E Gardner Y Geisinger
Golick Y Graves, D Y Graves, T E Greene N Hanner Y Harbin N Hatfield

N Holmes N Holt N Horne Y Houston N Howard E Hudson N Hugley N Jackson N Jacobs N James N Jamieson N Jenkins E Jennings N Johnson Y Jones, J N Jones, S N Jordan Y Keen Y Keown N Kidd Y Knight Y Knox Y Lakly N Lane, B N Lane, R Y Lewis Y Lindsey N Lord Y Loudermilk

Y Maxwell Y May Y McCall
McClinton Meadows Y Millar N Miller Y Mills N Mitchell N Morgan N Morris N Mosby N Mosley Y Mumford N Murphy, J N Murphy, Q Y Neal N Oliver O'Neal N Orrock E Parham E Parrish N Parsons N Porter N Powell N Ralston N Randall N Ray N Reece, B

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon N Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner
Stephens Stephenson N Talton N Teilhet N Thomas, A.M E Thomas, B Tumlin Y Walker N Warren N Watson N Wilkinson

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N Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

N Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A

E Lucas Y Lunsford Y Maddox
Mangham Manning N Marin Y Martin

Y Reece, S Y Reese N Rice Y Roberts Y Rogers N Royal N Rynders

N Willard N Williams, A N Williams, E N Williams, R N Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 63, nays 87.

The motion was lost.

HB 294. By Representatives Miller of the 106th, Benfield of the 85th, Day of the 163rd, Smith of the 129th and Mumford of the 95th:

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 enforcement; 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:

Abdul-Salaam Y Amerson
Anderson Y Ashe N Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton N Black N Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce E Bryant Y Buckner, D Y Buckner, G
Burkhalter

N Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson
Dollar Y Drenner N Dukes Y Ehrhart Y England Y Epps Y Fleming N Floyd, H
Floyd, J N Fludd Y Forster N Franklin Y Freeman E Gardner

Y Holmes Y Holt Y Horne Y Houston N Howard E Hudson Y Hugley
Jackson Y Jacobs Y James N Jamieson N Jenkins E Jennings N Johnson
Jones, J Y Jones, S Y Jordan Y Keen N Keown Y Kidd Y Knight

N Maxwell N May N McCall
McClinton Meadows Millar Y Miller N Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q N Neal Y Oliver N O'Neal Y Orrock E Parham

Sailor Y Scheid N Scott, A N Scott, M N Setzler
Shaw Sheldon Y Sims, C Y Sims, F Y Sinkfield N Smith, B N Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton

FRIDAY, MARCH 11, 2005

2315

N Burmeister N Burns Y Butler N Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas N Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Geisinger Golick
Y Graves, D N Graves, T E Greene Y Hanner
Harbin N Hatfield N Heard, J Y Heard, K N Heckstall Y Hembree Y Henson Y Hill, C N Hill, C.A

Y Knox N Lakly
Lane, B N Lane, R N Lewis Y Lindsey N Lord N Loudermilk E Lucas Y Lunsford N Maddox
Mangham Y Manning N Marin
Martin

E Parrish Y Parsons N Porter Y Powell Y Ralston Y Randall N Ray Y Reece, B N Reece, S N Reese Y Rice N Roberts N Rogers Y Royal N Rynders

Y Teilhet N Thomas, A.M E Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 97, nays 51.

The Bill, having received the requisite constitutional majority, was passed.

HB 683. By Representatives Oliver of the 83rd, Knox of the 24th, Willard of the 49th, Ehrhart of the 36th, Forster of the 3rd and others:

A BILL to be entitled an Act to amend Title 33 of the O.C.G.A., relating to insurance, so as to provide a short title; to comprehensively revise the rate regulatory system for property and casualty insurance in this state; to provide legislative findings; to provide definitions; to provide for the determination of competitive and noncompetitive markets; to provide for factors to consider in making such determinations; to provide for rating standards and methods; to provide for rate regulation in noncompetitive markets; to provide for the filing of certain rates and information; to provide for the method of disapproving certain rates; to provide for certain regulation for policies for large commercial policyholders; to provide for the operation and control of advisory organizations; to provide for permitted and prohibited activities of advisory organizations; to provide for related matters; to amend Title 34 of the O.C.G.A.; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that all contested hearings before the Commissioner of Insurance be heard by the Office of State Administrative Hearings; to provide that certain rates with regard to certain property and casualty insurance may go into effect without the necessity of approval by the Commissioner of Insurance; to provide for procedures for such filings; to

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provide for notice and hearing in the case of filings that are not in compliance; to provide for other filings; to provide for the contents of filings; to provide for related matters; to provide an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking subsection (a) of Code Section 33-2-17, relating to the conduct of hearings by the Commissioner generally, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The Commissioner may hold hearings for any purpose within the scope of this title as he or she may deem necessary; provided, however, that all contested hearings, as defined in paragraph (2) of Code Section 50-13-2, shall be conducted by the Office of State Administrative Hearings."
SECTION 2. Said title is further amended by striking subsection (a) of Code Section 33-2-21, relating to the presiding officer at a hearing, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The hearing shall be presided over by the Commissioner or his or her designated representative; provided, however, that all contested hearings, as defined in paragraph (2) of Code Section 50-13-2, shall be conducted and presided over by the Office of State Administrative Hearings."
SECTION 3. Said title is further amended by adding a new subsection (h) to Code Section 33-9-21, relating to maintenance and filing rates, rating plans, rating systems, or underwriting rules, to read as follows:
"(h)(1) This subsection shall apply to all personal lines of property and casualty insurance, including homeowners insurance, in this state. This subsection shall not apply to workers compensation insurance or medical or professional malpractice insurance. This subsection shall not apply to advisory organizations or to any impaired or insolvent insurer operating under a rehabilitation plan, an order of supervision, or an impaired financial condition as determined by the Commissioner. (2) Notwithstanding the requirements of subsections (b) and (d) of this Code section, a rate, rating plan, rating system, or underwriting rule submission by an insurer may become effective upon filing, unless a future effective date is specified, if the rate, rating plan, rating system, or underwriting rule filing individually or in combination with any other rate, rating plan, rating system, or underwriting rule filing effective within the last 12 months submitted by, or on behalf of, the insurer provides for an overall state-wide average rate level increase or decrease of not greater than 6 percent.

FRIDAY, MARCH 11, 2005

2317

The rate level change for any individual insured may not be increased or decreased by more than 9.99 percent. (3) A filing submitted pursuant to paragraph (2) of this subsection shall be considered to comply with state law. However, if, within 45 days following receipt of the filing, the Commissioner determines that it does not meet the requirements of this title in that such filing is unfairly discriminatory, is not actuarially supported, is based upon fictitious groupings, is inadequate, or is excessive, the Commissioner shall notify each insurer that made the filing of the specific reason or reasons that the Commissioner has determined that such filing does not meet the requirements of this title. Such insurers may, not more than ten days after receipt of such notice from the Commissioner, petition the Commissioner for a hearing on such determination. Such hearing shall be held under the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and shall be conducted by the Office of State Administrative Hearings. Such hearing shall be held within 30 days after such petition is received by the department unless such time period is extended by agreement of all parties. The Commissioner shall give adequate notice of the time and place of such hearing. At such hearing, the burden shall be on the Commissioner to demonstrate why such filing does not meet the requirements of this title. If, upon the conclusion of such hearing, the determination by the Commissioner is upheld, the order shall state a reasonable future date on which the filing is to be considered no longer effective. An order by the Commissioner pursuant to this paragraph shall be prospective and shall not affect any contract issued or made before the effective date of the order, except that, in any final disposition made within 45 days following the receipt of the filing, the Commissioner may enter an order specifying the rate filing to be used by the insurer and the manner in which refunds are to be made, if appropriate. The aggrieved party to the hearing shall have a right of appeal to the Superior Court of Fulton County in accordance with Chapter 13 of Title 50. (4) An insurers rate level increase or decrease filing falling outside of the limitation provided in paragraph (2) of this subsection shall be subject to review as provided in this Code section. (5) Any insurer that files a change in rates shall provide each of its insureds with at least 60 days notice of such new rates in the manner provided in Chapter 24 of this title prior to the termination of the insureds policy period then in effect. (6) This subsection shall stand repealed by operation of law on June 30, 2009."
SECTION 4. This Act shall become effective on July 1, 2005.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Pursuant to Rule 133, Representative Millar of the 79th was excused from voting on HB 683.

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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:

Abdul-Salaam N Amerson
Anderson Ashe N Barnard E Barnes N Bearden Beasley-Teague Y Benfield Y Benton N Black Bordeaux E Borders N Bridges N Brooks Y Brown E Bruce E Bryant Y Buckner, D N Buckner, G N Burkhalter Y Burmeister N Burns N Butler N Byrd N Carter N Casas N Chambers N Channell N Cheokas Coan Cole N Coleman, B Coleman, T N Cooper N Cox

N Crawford N Cummings Y Davis N Day N Dean N Dickson E Dodson
Dollar N Drenner
Dukes Y Ehrhart N England Y Epps Y Fleming N Floyd, H
Floyd, J N Fludd Y Forster N Franklin N Freeman E Gardner N Geisinger
Golick N Graves, D N Graves, T E Greene N Hanner Y Harbin N Hatfield
Heard, J Y Heard, K N Heckstall Y Hembree N Henson N Hill, C N Hill, C.A

N Holmes Y Holt Y Horne
Houston N Howard E Hudson
Hugley Jackson Y Jacobs James Y Jamieson Y Jenkins E Jennings N Johnson N Jones, J N Jones, S N Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Lakly N Lane, B Y Lane, R N Lewis Y Lindsey N Lord N Loudermilk E Lucas Lunsford N Maddox Mangham Y Manning Marin N Martin

Y Maxwell N May N McCall
McClinton Meadows Millar N Miller N Mills Y Mitchell N Morgan N Morris Mosby N Mosley N Mumford N Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal N Orrock E Parham E Parrish N Parsons N Porter E Powell E Ralston N Randall N Ray N Reece, B Y Reece, S Y Reese N Rice N Roberts Y Rogers Y Royal N Rynders

Sailor Y Scheid N Scott, A N Scott, M N Setzler
Shaw N Sheldon N Sims, C N Sims, F N Sinkfield N Smith, B N Smith, L N Smith, P Y Smith, R N Smith, T Y Smith, V Y Smyre N Stanley-Turner N Stephens
Stephenson N Talton N Teilhet
Thomas, A.M E Thomas, B N Tumlin N Walker N Warren N Watson Y Wilkinson Y Willard
Williams, A N Williams, E N Williams, R N Wix N Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 42, nays 92.

The Bill, having received the requisite constitutional majority, was lost.

Representative Jacobs of the 80th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

FRIDAY, MARCH 11, 2005

2319

HB 353. By Representatives Dodson of the 75th, Jamieson of the 28th, Barnes of the 78th, Rogers of the 26th and Drenner of the 86th:

A BILL to be entitled an Act to amend Title 43 of the O.C.G.A., relating to professions and businesses, so as to provide legal recognition to the professions of industrial hygiene, health physics, and safety; to provide a short title; to provide for a statement of purpose; to provide for definitions; to prohibit certain actions and conduct by individuals and entities; to regulate the use of certain terms and titles; to provide that no business entity shall identify, advertise, or represent itself as a provider of certain services unless they meet certain requirements; to provide that certain conduct shall be an unfair business practice; to provide for penalties; to provide for other matters relative to the foregoing; 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:

Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard E Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black
Bordeaux E Borders Y Bridges
Brooks Y Brown E Bruce E Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler N Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson
Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming
Floyd, H Floyd, J Y Fludd Y Forster N Franklin Y Freeman E Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene Hanner Harbin Y Hatfield Heard, J Y Heard, K

Y Holmes Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley
Jackson Y Jacobs
James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox
Lakly Y Lane, B Y Lane, R Y Lewis N Lindsey Y Lord N Loudermilk E Lucas Y Lunsford

N Maxwell N May Y McCall
McClinton Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Oliver Y O'Neal Orrock E Parham E Parrish Y Parsons Y Porter E Powell E Ralston Randall Y Ray Y Reece, B Y Reece, S Y Reese

Sailor Y Scheid Y Scott, A N Scott, M N Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens
Stephenson Talton Y Teilhet Thomas, A.M E Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Willard Williams, A

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Y Cole Y Coleman, B
Coleman, T Y Cooper N Cox

Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Maddox Mangham
Y Manning Y Marin Y Martin

Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 124, nays 9.

The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent the following Bills of the House were withdrawn from the Rules Calendar and recommitted to the Committee on Rules:

HB 153. By Representatives Forster of the 3rd, Coan of the 101st, Williams of the 4th, Ralston of the 7th, Scheid of the 22nd and others:

A BILL to be entitled an Act to enact the "Voluntary Contributions Act"; to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to place certain limitations on labor organizations with regard to the funding for certain political activities; to provide for definitions; to provide for the use of separate, segregated funds for political activity expenditures; to provide for certain limitations on the solicitation of funds for such activities; to provide penalties; to require certain filings and disclosures; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 629. By Representatives Chambers of the 81st, Thomas of the 55th, Coleman of the 97th, Jacobs of the 80th and Millar of the 79th:

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 revise legislative intent relative to charter schools; to add a definition; to provide for the establishment of virtual charter schools; to repeal Code Section 20-2-2063.1, relating to exemption of charter schools from statutory and regulatory requirements; to provide that a denial by a local board of a charter petition or renewal for a conversion or start-up charter school may be appealed to the State Board of Education; to provide that a charter school shall not be subject to the provisions of Title 20 and other regulations; to change certain provisions relating to operating requirements, control, and management; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 664. By Representatives Golick of the 34th, Roberts of the 154th and Smith of the 129th:

FRIDAY, MARCH 11, 2005

2321

A BILL to be entitled an Act to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide for limitations relative to appearances before the Board of Corrections or the Department of Corrections by members of the General Assembly or state elected or appointed officials; to provide for criminal penalties; to change certain provisions relating to appearances before the Board of Pardons and Paroles by members of the General Assembly or state elected or appointed officials; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 520. By Representative Maddox of the 172nd:
A RESOLUTION commending John A. Shealy, Jr., on becoming an Eagle Scout; and for other purposes.
HR 521. By Representative Maddox of the 172nd:
A RESOLUTION celebrating the 100th Anniversary of the City of Climax, Georgia; and for other purposes.
HR 522. By Representatives Watson of the 91st, Smyre of the 132nd, Lakly of the 72nd, McClinton of the 84th, Brooks of the 63rd and others:
A RESOLUTION remembering and honoring the life of Nathaniel Mosby; and for other purposes.
HR 523. By Representatives Amerson of the 9th, Ralston of the 7th, Jenkins of the 8th and Reece of the 27th:
A RESOLUTION recognizing the Elliott Family as the First Family of NASCAR in Georgia; and for other purposes.
HR 524. By Representatives Reece of the 27th, Amerson of the 9th, Rogers of the 26th, Mills of the 25th, Bridges of the 10th and others:
A RESOLUTION honoring the ministry and community life of Dr. Thomas R. Smiley; and for other purposes.
HR 525. By Representative Keen of the 179th:
A RESOLUTION recognizing Rotary International on the 100th Anniversary

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of its founding and commending Rotary District Governor John H. Parkins III; and for other purposes.
HR 526. By Representatives Johnson of the 37th, Manning of the 32nd, Teilhet of the 40th, Wix of the 33rd and Jamieson of the 28th:
A RESOLUTION honoring and remembering the life of Mr. G. B. Williams; and for other purposes.
HR 527. By Representative Jackson of the 161st:
A RESOLUTION honoring Pastor Thomas J. Simmons; and for other purposes.
HR 528. By Representative Drenner of the 86th:
A RESOLUTION commending William Robert Evans on attaining the rank of Eagle Scout; and for other purposes.
HR 529. By Representatives Ralston of the 7th and Amerson of the 9th:
A RESOLUTION commending Sheriff Billy Carlisle of Dawson County; and for other purposes.
HR 530. By Representatives Ashe of the 56th, Oliver of the 83rd, Gardner of the 57th and Orrock of the 58th:
A RESOLUTION recognizing and commending Ms. Ann Stallard, recipient of the Leadership Character Award in the President/CEO/Partner category; and for other purposes.
HR 531. By Representatives Ashe of the 56th, Porter of the 143rd, Houston of the 170th, Oliver of the 83rd, Hill of the 180th and others:
A RESOLUTION recognizing Honorable Mary Jeanette Jamieson, State Representative, District 28; and for other purposes.
HR 532. By Representatives Ashe of the 56th, Oliver of the 83rd, Gardner of the 57th and Orrock of the 58th:
A RESOLUTION recognizing and commending Ms. Paula Lawton Bevington, recipient of the Leadership Character Award in the Nonprofit/Education category; and for other purposes.

FRIDAY, MARCH 11, 2005

2323

HR 533. By Representatives Mangham of the 94th, Mumford of the 95th and Stephenson of the 92nd:
A RESOLUTION honoring and celebrating Mrs. Lucile Smith Lamar on the grand occasion of her 80th birthday; and for other purposes.
HR 534. By Representative Sims of the 169th:
A RESOLUTION commending the Citizens Christian Academy Lady Patriots Basketball team; and for other purposes.
Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Saturday, March 12, 2005

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

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

E Abdul-Salaam Amerson Ashe
E Barnard E Barnes
Bearden Benfield Benton Black E Borders Bridges Brooks Brown Bruce Bryant Burkhalter Burns Byrd Carter Casas Chambers Cheokas Coan Cole Coleman, B Cooper Cox Crawford Cummings Davis Day Dean

Dickson E Dodson
Drenner Ehrhart England Epps Fleming Floyd, H E Floyd, J Fludd Forster Franklin Freeman E Gardner Geisinger Golick Graves, D Graves, T Greene Harbin Hatfield Heard, J Heard, K Hembree E Henson Hill, C Holt Horne Houston Howard E Hudson

Hugley Jackson Jacobs James E Jamieson Jenkins Jennings Johnson Jones, J Jones, S Jordan Keen Keown Kidd Knight Knox Lakly Lane, B Lane, R Lewis Lindsey Lord Loudermilk E Lucas Lunsford Maddox Mangham Manning Marin Martin Maxwell

May McCall Meadows Millar Miller Mills Mitchell Morgan Mosby Mosley Mumford Murphy, J Murphy, Q Neal O'Neal Orrock E Parham E Parrish Parsons Porter Powell Ralston Randall Ray Reece, B Reece, S Reese Rice Roberts Rogers Royal

Rynders Scheid Scott, A Scott, M E Shaw Sheldon Sims, F Sinkfield Smith, B Smith, L Smith, P Smith, R Smith, V Smyre Stanley-Turner Stephens Stephenson Talton Teilhet Thomas, A.M E Thomas, B Tumlin Warren Watson Wilkinson E Willard Williams, A Williams, E Williams, R Yates Richardson, Speaker

The following members were off the floor of the House when the roll was called:

Representatives Beasley-Teague of the 65th, Bordeaux of the 162nd, Buckner of the 130th, Channell of the 116th, Coleman of the 144th, Dollar of the 45th, Dukes of the 150th, Hanner of the 148th, Heckstall of the 62nd, Hill of the 180th, Morris of the 155th, Oliver of the 83rd, Setzler of the 35th, Sims of the 169th, Smith of the 168th, Walker of the 107th, and Wix of the 33rd.

SATURDAY, MARCH 12, 2005

2325

They wish to be recorded as present.
The following communication was received:
Speaker's Order No. 4
PURSUANT to the provisions of Rule 10.2 of the Rules, Ethics, and Decorum of the House of Representatives a special committee of the House is hereby appointed to consider bills regarding the Atlanta Metropolitan Area Rapid Transit Authority ("MARTA").
This committee of the House shall be designated as the Special Committee on MARTA. The Committee shall only have authority to deliberate, hear testimony, compel witnesses or consider amendments that are germane to the subject matter of bills assigned to it regarding MARTA. The Committee shall act during its existence with the same authority, in all respects, as if it was one of the standing committees of the House established by Rule 10.1.
1. Chairman - Jill Chambers
The following members of the House are appointed to serve on the committee:
2. Ethics Chairman - Joe Wilkinson 3. Ways and Means Chairman - Larry O'Neal 4. State Planning and Community Affairs Chairman - Tommy Smith 5. Harry Geisinger 6. Roger Bruce 7. Pam Stephenson
Once final action has been taken on the bills assigned to this Committee, the authority of the Committee, including its Chairman and each member appointed above, shall cease.
SO ORDERED, by my hand, this 12th day of March, 2005.
/s/ Glenn Richardson Glenn Richardson, Speaker House of Representatives
Prayer was offered by Dr. Don Hattaway, Tabernacle Baptist Church, Cartersville, Georgia.
The members pledged allegiance to the flag.

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Representative Heard of the 104th, Chairman of the Committee on Information and Audits, 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 were introduced, read the first time and referred to the Committees:
HB 792. By Representative Stanley-Turner of the 53rd:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate promoting the establishment of a Project Lifesaver or similar type of program by local law enforcement agencies; to provide for issuance, renewal, fees, licensing agreements, applications, transfers, and disposition of funds relative to such special 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.
Referred to the Committee on Motor Vehicles.
HB 793. By Representatives Stanley-Turner of the 53rd, Coan of the 101st, Amerson of the 9th and Franklin of the 43rd:

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A BILL to be entitled an Act to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry pistols or revolvers and temporary renewal permits, so as provide that a person convicted of a felony offense arising out of the unlawful manufacture, distribution, possession, or use of a controlled substance or other dangerous drug shall be ineligible to obtain such license; to redefine the term "convicted" for such purposes; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 794. By Representative Stanley-Turner of the 53rd:
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 a short title; to define certain terms; to provide for a state-wide alert system for missing disabled adults; to provide for rules and regulations; to provide for cooperation with broadcasters; to provide for calling an alert; to provide for conditions; to provide that the Georgia Lottery Corporation shall devise a method of notifying vendors in an alert area of the alert; to provide for termination of an alert; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Human Relations & Aging.
HB 795. By Representative McCall of the 30th:
A BILL to be entitled an Act to amend an Act reconstituting and recreating the board of education of Elbert County, approved February 13, 1986 (Ga. L. 1986, p. 3578), as amended, particularly by an Act approved February 9, 1990 (Ga. L. 1990, p. 3508), so as to provide for compensation of board members; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 796. By Representatives Jackson of the 161st, Sims of the 169th and Watson of the 91st:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special license plates for certain persons and vehicles, so as to allow issuance of two free license plates or revalidation decals to disabled veterans; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Motor Vehicles.
HB 797. By Representatives Smith of the 13th, Benton of the 31st, Williams of the 4th, Greene of the 149th, Jamieson of the 28th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to authorize the imposition of a joint county and municipal sales and use tax on motor fuel within special districts; to provide for applicability with respect to the ceiling on local sales and use taxes; to establish special districts; to provide for procedures, conditions, and limitations for the imposition, collection, disbursement, and removal of the tax; to provide for administration by the state revenue commissioner; to require referendum approval of the imposition or discontinuation of the tax; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 798. By Representatives Bridges of the 10th and Reece of the 27th:
A BILL to be entitled an Act to provide that the board of education of White County shall reimburse any member of the board for any increase in contributions to the state health benefit plan he or she is required to pay as a result of the boards decision to allow such coverage for its members; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 799. By Representative Reese of the 98th:
A BILL to be entitled an Act to amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to directing persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and regulations and prohibited acts generally, so as to change certain provisions relating to carrying firearms in state parks; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 800. By Representative Reese of the 98th:
A BILL to be entitled an Act to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support, so as to

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provide for a sentence of imprisonment for contempt of court for failure to comply with court ordered child support or untimely compliance in certain circumstances; to repeal conflicting law; and for other purpose.
Referred to the Committee on Judiciary Non-Civil.
HB 801. By Representatives McCall of the 30th and Richardson of the 19th:
A BILL to be entitled an Act to amend Code Section 43-33-18 of the Official Code of Georgia Annotated, relating to refusal to grant or restore licenses of physical therapists, discipline of licensees, and suspension, revocation, or restriction of licenses, so as to eliminate a requirement for consultation with appropriate licensed practitioners of the healing arts; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 802. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to amend an Act providing for a new charter for the Town of Martin, approved March 18, 1980 (Ga. L. 1980, p. 3215), as amended, so as to repeal term limitations for the mayor and the members of the city council; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 803. By Representatives Scott of the 2nd, Royal of the 171st, Yates of the 73rd and Williams of the 4th:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to increase the state-wide homestead exemption for disabled veterans to a full-value homestead exemption; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 804. By Representatives Ralston of the 7th and Willard of the 49th:
A BILL to be entitled an Act to amend Code Section 16-10-95 of the Official Code of Georgia Annotated, relating to barratry, so as to repeal said Code section; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Judiciary.
HB 805. By Representatives Cole of the 125th and Ray of the 136th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Monroe County, approved August 19, 1907 (Ga. L. 1907, p. 318), as amended, so as to repeal certain provisions relating to the powers and duties of the clerk of the board of commissioners; to repeal certain provisions relating to quarterly financial statements; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 806. By Representatives Abdul-Salaam of the 74th, Heckstall of the 62nd, Jordan of the 77th and Sinkfield of the 60th:
A BILL to be entitled an Act to amend an Act creating the Clayton County Board of Commissioners, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended, particularly by an Act approved February 19, 1992 (Ga. L. 1992, p. 4335), by an Act approved March 30, 1993 (Ga. L. 1993, p. 4335), and by an Act approved April 18, 2002 (Ga. L. 2002, p. 4018), so as to increase the membership of the board to seven members; to provide for the election of the two additional members of the board; to provide for terms of office; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 807. By Representatives Mangham of the 94th, Neal of the 1st, Walker of the 107th, Beasley-Teague of the 65th, Stanley-Turner of the 53rd and others:
A BILL to be entitled an Act to amend Article 21 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to a brief period of quiet reflection, so as to clarify that the daily moment of quiet reflection in public schools shall accommodate students who wish to exercise their freedom of religion to engage in silent prayer or silent meditation; to provide for legislative findings; to provide that students may reflect on an inspirational poem or reading, pray silently, or meditate silently during the moment of quiet reflection; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

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HB 808. By Representatives Mangham of the 94th, Fludd of the 66th, Watson of the 91st, Stephenson of the 92nd, Sinkfield of the 60th and others:
A BILL to be entitled an Act to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to enact a new chapter, the "Georgia Predatory Lending Prevention Act"; to provide a short title; to provide for legislative findings; to provide for definitions relating to predatory lending; to list prohibited practices; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banks & Banking.
HB 809. By Representatives Knight of the 126th, Lunsford of the 110th and Yates of the 73rd:
A BILL to be entitled an Act to amend Code Section 47-14-70 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits in the Superior Court Clerks Retirement Fund, additional or partial retirement benefits, and election to provide both retirement and survivors benefits, so as to provide that certain persons who elected a survivors benefit and whose spouse predeceased him or her shall receive a postretirement benefit adjustment; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HR 512. By Representatives Watson of the 91st, Stephenson of the 92nd, Mosby of the 90th, Williams of the 89th, Mangham of the 94th and others:
A RESOLUTION creating the House Community Living Services Study Committee; and for other purposes.
Referred to the Committee on Human Relations & Aging.
HR 513. By Representative Stanley-Turner of the 53rd:
A RESOLUTION urging Congress to enact legislation establishing a national alert system for missing adults who suffer from Alzheimers disease, Autism, dementia, and other cognitive and mental impairments; and for other purposes.
Referred to the Committee on Human Relations & Aging.

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HR 515. By Representatives Ralston of the 7th, Crawford of the 127th, Miller of the 106th and Mumford of the 95th:

A RESOLUTION creating the House Study Committee on the Restructuring of Georgia's Criminal Penalties; and for other purposes.

Referred to the Committee on Judiciary Non-Civil.

HR 518. By Representatives Manning of the 32nd, Byrd of the 20th, Talton of the 145th, Neal of the 1st, Sinkfield of the 60th and others:

A RESOLUTION creating the House Study Committee on Children: Newborns to Age Five; and for other purposes.

Referred to the Committee on Children & Youth.

HR 519. By Representatives Geisinger of the 48th, McCall of the 30th, Stephens of the 164th, Warren of the 122nd and Jackson of the 161st:

A RESOLUTION to create the House Study Committee on Parimutuel Betting on Horse Racing; and for other purposes.

Referred to the Committee on Regulated Industries.

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

HB 740 HB 741 HB 742 HB 743 HB 744 HB 745 HB 746 HB 747 HB 748 HB 749 HB 750 HB 751 HB 752 HB 753 HB 754 HB 755

HR 445 HR 446 HR 484 HR 485 HR 486 HR 488 HR 489 HR 490 HR 491 HR 492 HR 494 SB 1 SB 19 SB 43 SB 44 SB 81

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HB 756 HB 757 HB 758 HB 759 HB 760 HB 761 HB 762 HB 763 HB 764 HB 765 HB 766 HB 767 HB 768 HB 769 HB 770 HB 771 HB 772 HB 773 HB 774 HB 775 HB 776 HB 777 HB 778 HB 779 HB 780 HB 781 HB 782 HB 783 HB 784 HB 785 HB 786 HB 787 HB 788 HB 789 HB 790 HB 791 HR 442 HR 443 HR 444

SB 86 SB 98 SB 117 SB 126 SB 135 SB 142 SB 154 SB 168 SB 173 SB 175 SB 194 SB 201 SB 203 SB 206 SB 220 SB 225 SB 226 SB 227 SB 230 SB 231 SB 235 SB 238 SB 239 SB 253 SB 254 SB 255 SB 257 SB 270 SB 273 SB 297 SR 124 SR 156 SR 280 SR 282 SR 294 SR 298 SR 304 SR 305

The following Resolutions of the House, referred to the House Rules Subcommittee on Invites, were reported by the Committee on Rules with the following recommendations:

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HR 336 Do Pass HR 433 Do Pass

Representative Smith of the 168th District, 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 733 Do Pass HB 736 Do Pass

Respectfully submitted, /s/ Smith of the 168th
Chairman

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

HOUSE RULES CALENDAR SATURDAY, MARCH 12, 2005

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 31st Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule HB 25 HB 26
HB 27 HB 372
HB 373
HB 557 HB 558

Board of regents; school or institution closing; repeal power of Governor Governor's authority to suspend compulsory attendance laws; repeal provisions Elementary and secondary education; grants; repeal provisions Georgia Education Authority (schools); private schools lease public property; prohibit Teachers Retirement System; members of local funds; nonsectarian schools County police; inspection of road and bridges; repeal Alcoholic beverages; counterfeiting, forging, or reuse of tax stamps; repeal provisions

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HB 622 HR 113

Telegraph companies; dispatch or message deliveries; repeal certain provision U. S. Senators from Georgia; support repeal of excise tax on telecommunications

Modified Open Rule

HB 577

Drivers' licenses; provide for destruction of certain fingerprint records;

prohibit requirement

Modified Structured Rule None

Structured Rule

HB 556

Georgia Public Revenue Code; repeal certain statutes and provisions

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

Respectfully submitted, /s/ Ehrhart of the 36th
Chairman

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

HB 733. By Representatives Lewis of the 15th, Loudermilk of the 14th and Graves of the 12th:

A BILL to be entitled an Act to amend an Act providing for the compensation of the chief magistrate of the Magistrate Court of Bartow County, approved March 18, 1985 (Ga. L. 1985, p. 3788), as amended, so as to change the compensation of the chief magistrate and the provisions related thereto; 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:

E Abdul-Salaam Y Amerson Y Anderson Y Ashe

Y Crawford Y Cummings Y Davis Y Day

Y Holmes Y Holt Y Horne Y Houston

Y Maxwell Y May Y McCall
McClinton

Sailor Y Scheid Y Scott, A Y Scott, M

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E Barnard E Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant
Buckner, D Y Buckner, G Y Burkhalter
Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman E Gardner
Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree E Henson Y Hill, C
Hill, C.A

Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James E Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J
Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight
Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey
Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Meadows Y Millar Y Miller Y Mills
Mitchell Y Morgan Y Morris Y Mosby Y Mosley
Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall
Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Setzler E Shaw Y Sheldon
Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T
Smith, V Y Smyre
Stanley-Turner Y Stephens
Stephenson Y Talton Y Teilhet
Thomas, A.M E Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 142, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

Due to a mechanical malfunction, the vote of Representative Buckner of the 130th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Stephenson of the 92nd 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.

HB 736. By Representatives Byrd of the 20th, Hill of the 21st, Scheid of the 22nd and Murphy of the 23rd:

A BILL to be entitled an Act to authorize the City of Canton to exercise all

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redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

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

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

E Abdul-Salaam Y Amerson Y Anderson Y Ashe E Barnard E Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant
Buckner, D Y Buckner, G Y Burkhalter
Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Cooper Y Cox

Y Crawford Y Cummings Y Davis
Day Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman E Gardner Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs
James E Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J
Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey
Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall
McClinton Y Meadows Y Millar Y Miller Y Mills
Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall
Ray Y Reece, B Y Reece, S Y Reese
Rice Y Roberts Y Rogers Y Royal Y Rynders

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler E Shaw Y Sheldon
Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T
Smith, V Y Smyre Y Stanley-Turner Y Stephens
Stephenson Y Talton Y Teilhet
Thomas, A.M E Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 142, nays 0.

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The Bill, having received the requisite constitutional majority, was passed.

Due to a mechanical malfunction, the vote of Representative Buckner of the 130th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Stephenson of the 92nd 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 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 and House:

SB 2.

By Senators Hamrick of the 30th, Johnson of the 1st, Stephens of the 27th, Seabaugh of the 28th, Smith of the 52nd and others:

A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 15 of the O.C.G.A., relating to trial juries, so as 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 O.C.G.A., 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 repeal conflicting laws; and for other purposes.

SB 27. By Senator Henson of the 41st:

A BILL to be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for registration of private military vehicles; to provide that the commissioner of motor vehicle safety shall implement rules and regulations relating to the registration of private military vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 28. By Senator Henson of the 41st:

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A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, so as to change certain definitions relating to commercial drivers licenses; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 57. By Senators Hamrick of the 30th, Cagle of the 49th, Hill of the 32nd, Smith of the 52nd, Rogers of the 21st and others:
A BILL to be entitled an Act to amend Code Section 17-10-7 of the Official Code of Georgia Annotated, relating to punishment of repeat offenders, so as to provide that a person convicted of the offense of murder who is not sentenced to death and who has previously been convicted of three or more felonies shall be sentenced to life without parole; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 84. By Senators Staton of the 18th, Williams of the 19th, Chapman of the 3rd, Rogers of the 21st, Chance of the 16th and others:
A BILL to be entitled an Act to amend Code Section 21-2-417 of the Official Code of Georgia Annotated, relating to form of proper identification at polls, so as to change the forms of identification that are acceptable at the polls; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes
SB 94. By Senators Harp of the 29th, Carter of the 13th, Heath of the 31st, Goggans of the 7th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, the "Georgia Child Custody Intrastate Jurisdiction Act of 1978," so as to change certain provisions relating to actions by physical or legal custodians not being permitted in certain circumstances; to prohibit other persons or entities from maintaining certain actions under certain circumstances; to repeal conflicting laws; and for other purposes.
SB 96. By Senators Henson of the 41st, Thompson of the 5th and Fort of the 39th:
A BILL to be entitled an Act to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to regulate the preparation, marketing, sale, and serving of Halal foods; to provide punishment for violations; to define certain terms; to repeal conflicting laws; and for other purposes.

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SB 106. By Senators Stoner of the 6th, Hamrick of the 30th, Thompson of the 5th, Rogers of the 21st, Powell of the 23rd and others:
A BILL to be entitled an Act to amend Code Section 16-12-103 of the Official Code of Georgia Annotated, relating to selling, loaning, or distributing harmful material to minors, so as to define a certain term; to provide that a video game retailer shall display a sign explaining each rating system which appears on a video game offered by such retailer; to provide a penalty; to repeal conflicting laws; and for other purposes.
SB 113. By Senators Butler of the 55th, Henson of the 41st, Fort of the 39th, Miles of the 43rd, Seabaugh of the 28th and others:
A BILL to be entitled an Act to amend Code Section 46-5-134 of the Official Code of Georgia Annotated, relating to the establishment of the Emergency Telephone System Fund, so as to authorize the use of "911" Emergency Telephone System Fund money to establish and operate a "311" nonemergency phone system; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 114. By Senators Butler of the 55th, Williams of the 19th, Miles of the 43rd, Weber of the 40th, Jones of the 10th and others:
A BILL to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to extend the sunset of certain provisions relating to use of proceeds of a sales and use tax for the Authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 115. By Senators Butler of the 55th, Williams of the 19th, Miles of the 43rd, Weber of the 40th, Jones of the 10th and others:
A BILL to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, to extend until June 30, 2016, the provision that the interest income from certain reserve funds may be used to pay operating costs; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 127. By Senators Staton of the 18th, Shafer of the 48th, Rogers of the 21st, Williams of the 19th, Douglas of the 17th and others:

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2341

A BILL to be entitled an Act to amend Chapter 9 of Title 16 of the O.C.G.A., relating to forgery and fraudulent practices, so as to enact the "Georgia Computer Security Act of 2005"; to provide a short title; to provide definitions; to prohibit certain deceptive acts and practices with regard to computers; to require certain notices be given prior to certain software or programs being loaded onto certain computers; to require certain functions be available in certain software; to provide for certain exceptions; to provide for civil and criminal penalties; to provide for recovery of certain damages; to provide for applicability; to provide for related matters; to amend Code Section 16-14-3 of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 145. By Senators Grant of the 25th, Butler of the 55th and Staton of the 18th:
A BILL to be entitled an Act to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to define certain terms; to provide for a certificate of registration for hair braiders and hair designers; to provide for qualifications; to provide for application and fees; to provide for reciprocity; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 153. By Senators Adelman of the 42nd, Harp of the 29th, Moody of the 56th, Powell of the 23rd, Hamrick of the 30th and others:
A BILL to be entitled an Act to amend Code Section 50-18-70 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to make the records of educational facilities that employ campus policemen and that relate to such police duties, activities, and functions open to inspection in the same manner as other records of public agencies; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 161. By Senators Heath of the 31st and Hudgens of the 47th:
A BILL to be entitled an Act to amend Code Section 47-2-98 of the Official Code of Georgia Annotated, relating to creditable service for a member of the Employees Retirement System of Georgia who was an officer or employee of the Georgia Housing and Finance Authority, so as to authorize the member seeking creditable service to make payment to the board of trustees of such retirement system; to repeal conflicting laws; and for other purposes.
SB 174. By Senators Staton of the 18th, Seabaugh of the 28th, Hudgens of the 47th, Hill of the 32nd, Johnson of the 1st and others:

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A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Georgia Consumer Choice of Benefits Health Insurance Plan Act"; to provide for a short title; to provide for legislative findings; to provide definitions; to authorize insurers to offer a choice of benefits health insurance plan in addition to other health insurance plans; to provide for certain notices; to authorize the Commissioner of Insurance to adopt certain rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 178. By Senator Douglas of the 17th:
A BILL to be entitled an Act to amend Part 5 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of law enforcement and emergency vehicles, so as to provide for restrictions with respect to the use of blue lights; to provide for exceptions; to provide for criminal penalties; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
SB 190. By Senators Tolleson of the 20th, Bulloch of the 11th, Johnson of the 1st and Pearson of the 51st:
A BILL to be entitled an Act to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division, the Environmental Advisory Council, duties of the council, its members, and the director of the division, procedure for aggrieved persons, and inspections, so as to provide that the filing of a petition in certain instances shall not result in a stay of a decision; to amend Code Section 50-1319 of the Official Code of Georgia Annotated, relating to judicial review of contested cases, so as to provide that the filing of a petition in certain instances shall not result in a stay of a decision except under certain conditions; to repeal conflicting laws; and for other purposes.
SB 192. By Senators Thomas of the 54th, Thompson of the 5th and Mullis of the 53rd:
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

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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.
SB 217. By Senators Hudgens of the 47th, Shafer of the 48th, Moody of the 56th, Cagle of the 49th, Harp of the 29th and others:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Life Settlements Act"; to provide a short title; to provide definitions; to provide for the protection of contractual and property rights of a life insurance policy owner to seek a life settlement; to establish consumer protections by providing for the regulation of a life settlement transaction; to provide for the licensing and regulation of a life settlement provider and others involved in a life settlement transaction; to provide for antifraud measures; to provide penalties for certain violations; to provide for related matters; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 234. By Senators Tolleson of the 20th, Hudgens of the 47th, Zamarripa of the 36th, Hill of the 4th and Adelman of the 42nd:
A BILL to be entitled an Act to amend Code Section 40-2-137 of the Official Code of Georgia Annotated, relating to definitions, notification of insurance coverage termination, and the lapse fee, so as to provide for a ten-day period before lapse fees are applied for termination of insurance coverage; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 236. By Senators Hudgens of the 47th and Brown of the 26th:
A BILL to be entitled an Act to amend Code Section 45-18-9 of the Official Code of Georgia Annotated, relating to the right of continuation of health coverage for a spouse or dependent of a deceased public employee, right to resumption of coverage, payment of contributions, and promulgation of rules and regulations as to continuance, discontinuance, and resumption of coverage, so as to provide that the surviving spouse and dependents of a state employee killed while acting in the scope of his or her employment shall be entitled to continue coverage under the state health insurance plan under certain conditions; to provide that any person so eligible to continue such coverage shall pay the same premium as an active state employee; to repeal conflicting laws; and for other purposes.
SB 258. By Senators Douglas of the 17th, Staton of the 18th, Johnson of the 1st, Shafer of the 48th, Balfour of the 9th and others:

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A BILL to be entitled an Act to amend Code Section 15-12-1 of the O.C.G.A., relating to exemptions from jury duty, so as to provide that any service member on ordered military duty and his or her spouse may be exempt from jury duty; to amend Article 3 of Chapter 4 of Title 26 of the O.C.G.A., relating to the practice of pharmacy, so as to provide that a service member whose license expired while he or she was on duty outside the state may practice pharmacy on such expired license; to amend Code Section 27-2-4 of the O.C.G.A., relating to honorary hunting and fishing licenses, so as to provide for an honorary license for returning veterans; to amend Article 2 of Chapter 5 of Title 40 of the O.C.G.A.; to amend Chapter 1 of Title 43 of the O.C.G.A.; to amend Article 1 of Chapter 7 of Title 44 of the O.C.G.A.; to amend Article 1 of Chapter 5 of Title 46 of the O.C.G.A.; to repeal conflicting laws; and for other purposes.
SB 267. By Senators Unterman of the 45th, Grant of the 25th, Balfour of the 9th and Bulloch of the 11th:
A BILL to be entitled an Act to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to provide for annual renewal of certain parking permits for disabled persons; to provide for the certain specifications for such permits; to require that the person with the disability be the operator of or a passenger in the vehicle when such permit is being used; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 268. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees health insurance plan, so as to authorize the Board of Community Health to contract for the continuation of health insurance for certain persons who retire as employees of community service boards and their dependents; to provide for the collection and payment of contributions; to repeal conflicting laws; and for other purposes.
SB 269. By Senators Rogers of the 21st, Smith of the 52nd and Hill of the 32nd:
A BILL to be entitled an Act to amend Code Section 16-11-64.1 of the Official Code of Georgia Annotated, relating to application and issuance of order authorizing installation and use of pen register or trap and trace device, so as to provide that the district attorney having jurisdiction over the prosecution of the crime under investigation may apply for or extend an order authorizing the installation and use of a pen register or trap and trace device;

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to provide that any superior court judge may authorize such use; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 272. By Senators Moody of the 56th, Shafer of the 48th, Miles of the 43rd, Hill of the 4th and Seabaugh of the 28th:
A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to 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.
SB 274. By Senator Seabaugh of the 28th:
A BILL to be entitled an Act to amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, the "Georgia Utility Facility Protection Act," so as to add provisions relating to sewer laterals, to repeal conflicting laws; and for other purposes.
SB 277. By Senators Cagle of the 49th, Pearson of the 51st and Hudgens of the 47th:
A BILL to be entitled an Act to amend Article 9 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Hazardous Site Reuse and Redevelopment Act," so as to change certain provisions relating to definitions; to provide that certain persons who purchased property after July 1, 2002, and before January 1, 2005, shall be treated as prospective purchasers for purposes of said Act; to repeal conflicting laws; and for other purposes.
SB 282. By Senators Williams of the 19th, Seabaugh of the 28th and Balfour of the 9th:
A BILL to be entitled an Act to amend the O.C.G.A., and in particular Title 28, relating to the General Assembly, so as to recognize and accomplish certain changes in the organization of the legislative branch of government; to change provisions relating to the Legislative Services Committee, including provisions relating to the membership, powers and duties, and operations of the committee; to abolish the Legislative Budget Office and the position of legislative budget analyst; to change provisions relating to the Fiscal Affairs Subcommittees and their membership and meetings; to change provisions

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relative to the procedure for consideration of bills having a significant impact on state revenues or expenditures; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 283. By Senators Bulloch of the 11th and Williams of the 19th:
A BILL to be entitled an Act to amend Part 3 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to submerged cultural resources, so as to change certain provisions relating to permits and authorization to contract for investigation, survey, or recovery operations and renewal and revocation of permits; to provide that the Department of Natural Resources shall establish a program to authorize deadhead logging operations in certain locations and under certain conditions; to provide for administration of such a program; to define certain terms; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
SB 284. By Senators Seabaugh of the 28th and Balfour of the 9th:
A BILL to be entitled an Act to amend Chapter 18 of Title 45, relating to employees insurance and benefits plans, so as to create a trust fund to provide for retiree post-employment health care benefits; to provide for definitions; to provide for the powers and duties of the board and commissioner of community health; to provide for actuarial services; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 291. By Senator Heath of the 31st:
A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to ad valorem taxation of property, so as to change certain provisions relating to returns of real property and tangible personal property located on airports; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
SB 300. By Senators Rogers of the 21st, Stoner of the 6th, Wiles of the 37th and Hill of the 32nd:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4519), so as to change the provisions relating to the

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compensation of the chairperson and the other commissioners of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 308. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to amend Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter standards and training, so as to provide definitions; to provide for certain powers and functions of the Georgia Firefighter Standards and Training Council with regard to airport firefighters; to provide for certain training for airport firefighters; to repeal Article 2 of such chapter, relating to airport firefighters; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 312. By Senator Whitehead, Sr. of the 24th:
A BILL to be entitled an Act to amend an Act providing for the election of the Board of Education of Columbia County, approved March 21, 1968 (Ga. L. 1968, p. 2708), as amended, particularly by an Act approved September 21, 1995 (Ga. L. 1995, Ex. Sess., p. 336), and by an Act approved April 25, 2002 (Ga. L. 2002, p. 4528), so as to change provisions relating to education districts for the board; to define certain terms; to provide for the manner and dates of election of members of the board; to provide for related matters; to provide for the submission of this Act to the United States Department of Justice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
HB 611. By Representatives Channell of the 116th and Hudson of the 124th:
A BILL to be entitled an Act to create the Eatonton-Putnam Water and Sewer Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, fines, charges and earnings of the authority, contract payments to the authority and from other moneys pledged therefor and authorize the collection and pledging of the revenues, tolls, fees, fines, charges and earnings of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; to make the revenue bonds of the authority exempt from taxation; to provide for the validation of bonds; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:

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SR 88. By Senators Fort of the 39th, Stephens of the 27th, Seay of the 34th, Tate of the 38th, Miles of the 43rd and others:

A RESOLUTION creating the Henry McNeal Turner Tribute Commission and authorizing the placement of a statue on the grounds of the state capitol building; and for other purposes.

The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:

HB 396. By Representatives Manning of the 32nd, Setzler of the 35th, Tumlin of the 38th, Cooper of the 41st, Jones of the 44th and others:

A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4749), so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following resolutions of the House:

HR 240. By Representatives Graves of the 137th, Coan of the 101st, Keen of the 179th, Smith of the 129th, Barnes of the 78th and others:

A RESOLUTION designating April 29th of each year as "Dale Earnhardt Day in Georgia"; and for other purposes.

HR 499. By Representative Jamieson of the 28th:

A RESOLUTION expressing regret at the passing of Noel Hayes "Hob" Hobgood, Jr., and Mary Bob Acree Hobgood; and for other purposes.

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

SB 2.

By Senators Hamrick of the 30th, Johnson of the 1st, Stephens of the 27th, Seabaugh of the 28th, Smith of the 52nd and others:

A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 15 of the O.C.G.A., relating to trial juries, so as to provide the state and the accused with same number of peremptory challenges in misdemeanor,

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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 O.C.G.A., 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 repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary Non-Civil.

SB 27. By Senator Henson of the 41st:

A BILL to be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for registration of private military vehicles; to provide that the commissioner of motor vehicle safety shall implement rules and regulations relating to the registration of private military vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Motor Vehicles.

SB 28. By Senator Henson of the 41st:

A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, so as to change certain definitions relating to commercial drivers licenses; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Motor Vehicles.

SB 57.

By Senators Hamrick of the 30th, Cagle of the 49th, Hill of the 32nd, Smith of the 52nd, Rogers of the 21st and others:

A BILL to be entitled an Act to amend Code Section 17-10-7 of the Official Code of Georgia Annotated, relating to punishment of repeat offenders, so as to provide that a person convicted of the offense of murder who is not sentenced to death and who has previously been convicted of three or more felonies shall be sentenced to life without parole; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Judiciary Non-Civil.

SB 84.

By Senators Staton of the 18th, Williams of the 19th, Chapman of the 3rd, Rogers of the 21st, Chance of the 16th and others:

A BILL to be entitled an Act to amend Code Section 21-2-417 of the Official Code of Georgia Annotated, relating to form of proper identification at polls, so as to change the forms of identification that are acceptable at the polls; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes

Referred to the Committee on Governmental Affairs.

SB 94.

By Senators Harp of the 29th, Carter of the 13th, Heath of the 31st, Goggans of the 7th, Mullis of the 53rd and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, the "Georgia Child Custody Intrastate Jurisdiction Act of 1978," so as to change certain provisions relating to actions by physical or legal custodians not being permitted in certain circumstances; to prohibit other persons or entities from maintaining certain actions under certain circumstances; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary Non-Civil.

SB 96. By Senators Henson of the 41st, Thompson of the 5th and Fort of the 39th:

A BILL to be entitled an Act to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to regulate the preparation, marketing, sale, and serving of Halal foods; to provide punishment for violations; to define certain terms; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Agriculture & Consumer Affairs.

SB 106. By Senators Stoner of the 6th, Hamrick of the 30th, Thompson of the 5th, Rogers of the 21st, Powell of the 23rd and others:

A BILL to be entitled an Act to amend Code Section 16-12-103 of the Official Code of Georgia Annotated, relating to selling, loaning, or distributing harmful material to minors, so as to define a certain term; to provide that a video game retailer shall display a sign explaining each rating

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system which appears on a video game offered by such retailer; to provide a penalty; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 113. By Senators Butler of the 55th, Henson of the 41st, Fort of the 39th, Miles of the 43rd, Seabaugh of the 28th and others:
A BILL to be entitled an Act to amend Code Section 46-5-134 of the Official Code of Georgia Annotated, relating to the establishment of the Emergency Telephone System Fund, so as to authorize the use of "911" Emergency Telephone System Fund money to establish and operate a "311" nonemergency phone system; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Utilities & Telecommunications.
SB 114. By Senators Butler of the 55th, Williams of the 19th, Miles of the 43rd, Weber of the 40th, Jones of the 10th and others:
A BILL to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to extend the sunset of certain provisions relating to use of proceeds of a sales and use tax for the Authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Committee on MARTOC.
SB 115. By Senators Butler of the 55th, Williams of the 19th, Miles of the 43rd, Weber of the 40th, Jones of the 10th and others:
A BILL to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, to extend until June 30, 2016, the provision that the interest income from certain reserve funds may be used to pay operating costs; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Committee on MARTOC.
SB 127. By Senators Staton of the 18th, Shafer of the 48th, Rogers of the 21st, Williams of the 19th, Douglas of the 17th and others:

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A BILL to be entitled an Act to amend Chapter 9 of Title 16 of the O.C.G.A., relating to forgery and fraudulent practices, so as to enact the "Georgia Computer Security Act of 2005"; to provide a short title; to provide definitions; to prohibit certain deceptive acts and practices with regard to computers; to require certain notices be given prior to certain software or programs being loaded onto certain computers; to require certain functions be available in certain software; to provide for certain exceptions; to provide for civil and criminal penalties; to provide for recovery of certain damages; to provide for applicability; to provide for related matters; to amend Code Section 16-14-3 of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 145. By Senators Grant of the 25th, Butler of the 55th and Staton of the 18th:
A BILL to be entitled an Act to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to define certain terms; to provide for a certificate of registration for hair braiders and hair designers; to provide for qualifications; to provide for application and fees; to provide for reciprocity; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
SB 153. By Senators Adelman of the 42nd, Harp of the 29th, Moody of the 56th, Powell of the 23rd, Hamrick of the 30th and others:
A BILL to be entitled an Act to amend Code Section 50-18-70 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to make the records of educational facilities that employ campus policemen and that relate to such police duties, activities, and functions open to inspection in the same manner as other records of public agencies; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 161. By Senators Heath of the 31st and Hudgens of the 47th:
A BILL to be entitled an Act to amend Code Section 47-2-98 of the Official Code of Georgia Annotated, relating to creditable service for a member of the Employees Retirement System of Georgia who was an officer or employee

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of the Georgia Housing and Finance Authority, so as to authorize the member seeking creditable service to make payment to the board of trustees of such retirement system; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
SB 174. By Senators Staton of the 18th, Seabaugh of the 28th, Hudgens of the 47th, Hill of the 32nd, Johnson of the 1st and others:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Georgia Consumer Choice of Benefits Health Insurance Plan Act"; to provide for a short title; to provide for legislative findings; to provide definitions; to authorize insurers to offer a choice of benefits health insurance plan in addition to other health insurance plans; to provide for certain notices; to authorize the Commissioner of Insurance to adopt certain rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
SB 178. By Senator Douglas of the 17th:
A BILL to be entitled an Act to amend Part 5 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of law enforcement and emergency vehicles, so as to provide for restrictions with respect to the use of blue lights; to provide for exceptions; to provide for criminal penalties; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 190. By Senators Tolleson of the 20th, Bulloch of the 11th, Johnson of the 1st and Pearson of the 51st:
A BILL to be entitled an Act to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division, the Environmental Advisory Council, duties of the council, its members, and the director of the division, procedure for aggrieved persons, and inspections, so as to provide that the filing of a petition in certain instances shall not result in a stay of a decision; to amend Code Section 5013-19 of the Official Code of Georgia Annotated, relating to judicial review of contested cases, so as to provide that the filing of a petition in certain

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instances shall not result in a stay of a decision except under certain conditions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
SB 192. By Senators Thomas of the 54th, Thompson of the 5th and Mullis of the 53rd:
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.
Referred to the Committee on Judiciary.
SB 217. By Senators Hudgens of the 47th, Shafer of the 48th, Moody of the 56th, Cagle of the 49th, Harp of the 29th and others:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Life Settlements Act"; to provide a short title; to provide definitions; to provide for the protection of contractual and property rights of a life insurance policy owner to seek a life settlement; to establish consumer protections by providing for the regulation of a life settlement transaction; to provide for the licensing and regulation of a life settlement provider and others involved in a life settlement transaction; to provide for antifraud measures; to provide penalties for certain violations; to provide for related matters; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
SB 234. By Senators Tolleson of the 20th, Hudgens of the 47th, Zamarripa of the 36th, Hill of the 4th and Adelman of the 42nd:

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A BILL to be entitled an Act to amend Code Section 40-2-137 of the Official Code of Georgia Annotated, relating to definitions, notification of insurance coverage termination, and the lapse fee, so as to provide for a ten-day period before lapse fees are applied for termination of insurance coverage; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
SB 236. By Senators Hudgens of the 47th and Brown of the 26th:
A BILL to be entitled an Act to amend Code Section 45-18-9 of the Official Code of Georgia Annotated, relating to the right of continuation of health coverage for a spouse or dependent of a deceased public employee, right to resumption of coverage, payment of contributions, and promulgation of rules and regulations as to continuance, discontinuance, and resumption of coverage, so as to provide that the surviving spouse and dependents of a state employee killed while acting in the scope of his or her employment shall be entitled to continue coverage under the state health insurance plan under certain conditions; to provide that any person so eligible to continue such coverage shall pay the same premium as an active state employee; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
SB 258. By Senators Douglas of the 17th, Staton of the 18th, Johnson of the 1st, Shafer of the 48th, Balfour of the 9th and others:
A BILL to be entitled an Act to amend Code Section 15-12-1 of the O.C.G.A., relating to exemptions from jury duty, so as to provide that any service member on ordered military duty and his or her spouse may be exempt from jury duty; to amend Article 3 of Chapter 4 of Title 26 of the O.C.G.A., relating to the practice of pharmacy, so as to provide that a service member whose license expired while he or she was on duty outside the state may practice pharmacy on such expired license; to amend Code Section 272-4 of the O.C.G.A., relating to honorary hunting and fishing licenses, so as to provide for an honorary license for returning veterans; to amend Article 2 of Chapter 5 of Title 40 of the O.C.G.A.; to amend Chapter 1 of Title 43 of the O.C.G.A.; to amend Article 1 of Chapter 7 of Title 44 of the O.C.G.A.; to amend Article 1 of Chapter 5 of Title 46 of the O.C.G.A.; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

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SB 267. By Senators Unterman of the 45th, Grant of the 25th, Balfour of the 9th and Bulloch of the 11th:
A BILL to be entitled an Act to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to provide for annual renewal of certain parking permits for disabled persons; to provide for the certain specifications for such permits; to require that the person with the disability be the operator of or a passenger in the vehicle when such permit is being used; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
SB 268. By Senator Hamrick of the 30th:
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 authorize the Board of Community Health to contract for the continuation of health insurance for certain persons who retire as employees of community service boards and their dependents; to provide for the collection and payment of contributions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
SB 269. By Senators Rogers of the 21st, Smith of the 52nd and Hill of the 32nd:
A BILL to be entitled an Act to amend Code Section 16-11-64.1 of the Official Code of Georgia Annotated, relating to application and issuance of order authorizing installation and use of pen register or trap and trace device, so as to provide that the district attorney having jurisdiction over the prosecution of the crime under investigation may apply for or extend an order authorizing the installation and use of a pen register or trap and trace device; to provide that any superior court judge may authorize such use; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 272. By Senators Moody of the 56th, Shafer of the 48th, Miles of the 43rd, Hill of the 4th and Seabaugh of the 28th:
A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of

SATURDAY, MARCH 12, 2005

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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.
Referred to the Committee on Education.
SB 274. By Senator Seabaugh of the 28th:
A BILL to be entitled an Act to amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, the "Georgia Utility Facility Protection Act," so as to add provisions relating to sewer laterals, to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Utilities & Telecommunications.
SB 277. By Senators Cagle of the 49th, Pearson of the 51st and Hudgens of the 47th:
A BILL to be entitled an Act to amend Article 9 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Hazardous Site Reuse and Redevelopment Act," so as to change certain provisions relating to definitions; to provide that certain persons who purchased property after July 1, 2002, and before January 1, 2005, shall be treated as prospective purchasers for purposes of said Act; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
SB 282. By Senators Williams of the 19th, Seabaugh of the 28th and Balfour of the 9th:
A BILL to be entitled an Act to amend the O.C.G.A., and in particular Title 28, relating to the General Assembly, so as to recognize and accomplish certain changes in the organization of the legislative branch of government; to change provisions relating to the Legislative Services Committee, including provisions relating to the membership, powers and duties, and operations of the committee; to abolish the Legislative Budget Office and the position of legislative budget analyst; to change provisions relating to the Fiscal Affairs Subcommittees and their membership and meetings; to change provisions relative to the procedure for consideration of bills having a

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significant impact on state revenues or expenditures; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Rules.
SB 283. By Senators Bulloch of the 11th and Williams of the 19th:
A BILL to be entitled an Act to amend Part 3 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to submerged cultural resources, so as to change certain provisions relating to permits and authorization to contract for investigation, survey, or recovery operations and renewal and revocation of permits; to provide that the Department of Natural Resources shall establish a program to authorize deadhead logging operations in certain locations and under certain conditions; to provide for administration of such a program; to define certain terms; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
SB 284. By Senators Seabaugh of the 28th and Balfour of the 9th:
A BILL to be entitled an Act to amend Chapter 18 of Title 45, relating to employees insurance and benefits plans, so as to create a trust fund to provide for retiree post-employment health care benefits; to provide for definitions; to provide for the powers and duties of the board and commissioner of community health; to provide for actuarial services; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
SB 291. By Senator Heath of the 31st:
A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to ad valorem taxation of property, so as to change certain provisions relating to returns of real property and tangible personal property located on airports; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.

SATURDAY, MARCH 12, 2005

2359

SB 300. By Senators Rogers of the 21st, Stoner of the 6th, Wiles of the 37th and Hill of the 32nd:

A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4519), so as to change the provisions relating to the compensation of the chairperson and the other commissioners of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

SB 308. By Senator Mullis of the 53rd:

A BILL to be entitled an Act to amend Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter standards and training, so as to provide definitions; to provide for certain powers and functions of the Georgia Firefighter Standards and Training Council with regard to airport firefighters; to provide for certain training for airport firefighters; to repeal Article 2 of such chapter, relating to airport firefighters; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Safety.

SB 312. By Senator Whitehead, Sr. of the 24th:

A BILL to be entitled an Act to amend an Act providing for the election of the Board of Education of Columbia County, approved March 21, 1968 (Ga. L. 1968, p. 2708), as amended, particularly by an Act approved September 21, 1995 (Ga. L. 1995, Ex. Sess., p. 336), and by an Act approved April 25, 2002 (Ga. L. 2002, p. 4528), so as to change provisions relating to education districts for the board; to define certain terms; to provide for the manner and dates of election of members of the board; to provide for related matters; to provide for the submission of this Act to the United States Department of Justice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

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

SR 88.

By Senators Fort of the 39th, Stephens of the 27th, Seay of the 34th, Tate of the 38th, Miles of the 43rd and others:

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A RESOLUTION creating the Henry McNeal Turner Tribute Commission and authorizing the placement of a statue on the grounds of the state capitol building; and for other purposes.
Referred to the Committee on Special Rules.
The following members were recognized during the period of Morning Orders and addressed the House:
Keen of the 179th, Reece of the 11th, Morgan of the 39th, Holmes of the 61st, Jackson of the 161st, Heckstall of the 62nd, and Smith of the 168th.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 336. By Representatives Lane of the 158th, Burns of the 157th, Coleman of the 97th, Carter of the 159th and Barnard of the 166th:
A RESOLUTION commending Chase Puckett, 2005 Georgia Teacher of the Year, and inviting him to appear before the House of Representatives; and for other purposes.
HR 433. By Representative Stanley-Turner of the 53rd:
A RESOLUTION commending and expressing support and appreciation to the Moore family for their outstanding efforts in establishing the Mattie Call Foundation and inviting the family 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 were taken up for consideration and read the third time:
HB 25. By Representatives Brooks of the 63rd, Coan of the 101st, Keen of the 179th, Richardson of the 19th, Porter of the 143rd and others:
A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to repeal a provision which grants the Governor the power to close any school or institution under the control of the board of regents; to repeal conflicting laws; and for other purposes.

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2361

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:

E Abdul-Salaam Y Amerson Y Anderson Y Ashe E Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter
Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper
Cox

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman E Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne
Houston Y Howard E Hudson Y Hugley Y Jackson
Jacobs Y James E Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight E Knox Y Lakly
Lane, B Y Lane, R Y Lewis Y Lindsey
Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall
McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler E Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stanley-Turner Y Stephens
Stephenson Y Talton Y Teilhet
Thomas, A.M E Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson E Willard Y Williams, A Y Williams, E
Williams, R Y Wix Y Yates Y Richardson, Speaker

On the passage of the Bill, the ayes were 152, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

Representatives Jacobs of the 80th and Stephenson of the 92nd 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 26. By Representatives Brooks of the 63rd, Coan of the 101st, Keen of the 179th, Richardson of the 19th, Porter of the 143rd and others:

A BILL to be entitled an Act to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory attendance, so as to repeal a provision authorizing the Governor to suspend all or any part of said subpart because of a riot, insurrection, public disorder, disturbance of the peace, natural calamity, or disaster; 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:

E Abdul-Salaam Y Amerson Y Anderson Y Ashe E Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter
Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper
Cox

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman E Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne
Houston Y Howard E Hudson Y Hugley Y Jackson
Jacobs Y James E Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight E Knox Y Lakly
Lane, B Y Lane, R Y Lewis Y Lindsey
Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall
McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler E Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stanley-Turner Y Stephens
Stephenson Y Talton Y Teilhet
Thomas, A.M E Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson E Willard Y Williams, A Y Williams, E
Williams, R Y Wix Y Yates Y Richardson, Speaker

SATURDAY, MARCH 12, 2005

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On the passage of the Bill, the ayes were 152, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Representatives Jacobs of the 80th and Stephenson of the 92nd 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 27. By Representatives Brooks of the 63rd, Coan of the 101st, Keen of the 179th, Richardson of the 19th, Porter of the 143rd and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to repeal Article 14, relating to education grants; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
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 repeal Article 14, relating to education grants; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by repealing in its entirety Article 14, relating to education grants, and inserting in lieu thereof the following:
"ARTICLE 14
20-2-640. The General Assembly, being mindful of the primary obligation of the state to provide an adequate education for the citizens of this state under Article VIII, Section I, Paragraph I of the Constitution of Georgia, and being mindful of the authority vested in the General Assembly under Article VIII, Section VII of the Constitution of Georgia to discharge all obligations of the state to provide an adequate education for its citizens by providing for grants of state, county, or municipal funds to such citizens for educational purposes, and being further particularly mindful of the need for a literate and informed society in all events, declares it to be the purpose and intent of this article to encourage and aid the education of all children of this state by implementing Article VIII, Section

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VII of the Constitution of Georgia by making provision for payment of education grants from public funds to the extent and in the manner as provided in this article. Reserved.
20-2-641. As used in this article, the term:
(1) 'Local school system' means all county, city, independent, and other public school systems in existence in this state. (2) 'Parents' means the natural or adoptive parent or parents, legal guardian, or other person or persons standing in loco parentis to or having legal custody of a child eligible and entitled to receive an education grant under this article, who is actually paying or who will pay the tuition cost of attendance of such child at a school which qualified such child to receive a grant pursuant to this article.
20-2-642. Every child between the ages of six and 19 years residing in this state who has not finished or graduated from high school and who is otherwise eligible and qualified to attend the elementary and secondary public schools of the local school system wherein such child resides shall, in lieu of attending the public schools of such local school system, be eligible to receive an education grant to be expended for the purpose of paying or otherwise defraying the cost of tuition at a nonsectarian private school located in any state of the United States or a public school located outside this state but within some other state of the United States, in the amount and manner provided by and subject to this article.
20-2-643. The amount of each education grant that may be paid under this article per school year shall not exceed:
(1) The actual amount expended or to be expended by parents in payment of the tuition cost of attendance of their child or ward at a school which by the terms of this article qualified such child to receive such grant; or (2) The average state cost per pupil in average daily attendance in the public schools of this state for the school year immediately preceding the school year for which the education grant is to be paid, to be determined by dividing the state-wide average daily attendance figure in the public schools of this state during the preceding school year into the total amount of state education funds allotted to all public school systems of this state for the preceding school year under Article 6 of this chapter excluding state allotments for capital outlay purposes, whichever of the two sums is the lesser. Only one education grant shall be paid on behalf of any school child eligible to receive a grant during any one school-year period as defined by law.
20-2-644. No grants shall be paid to any person in any county or municipality of this state unless

SATURDAY, MARCH 12, 2005

2365

the need for the payment of such grants in a county or municipality has been determined as provided in this Code section. The county board of education and the governing authority of the county shall meet during the month of April each year to investigate the requests for grants in such county and may meet on the call of the governing authority at any other time to make such determination. In the event it is determined that such need does exist, a resolution to that effect must be passed by the county board and the governing authority at such joint meeting. In the case of a municipal school system, the board of education thereof, the governing authority of the municipality involved, and the governing authority of the county shall meet during the month of April each year to determine whether a need for such grants exists in the municipality and may meet on the call of the governing authority at any other time to make such determination. In the event it is determined that such need does exist, a resolution to that effect must be passed by the local board, the governing authority of the municipality involved, and the governing authority of the county at such joint meeting. If it is determined that a need exists and a resolution to that effect is adopted as provided for in this Code section, applications for grants shall be filed by parents of children eligible to receive grants under this article with the school superintendent of the local public school system where such children are entitled by law to attend the public schools free of any tuition. Applications shall be made in writing in such form, manner, and time and shall contain such information as the State Board of Education shall prescribe. All such applications shall be turned over to the local board of education, reviewed by such board, and approved or disapproved by such board within 30 days after the date of filing with the local school superintendent.
20-2-645. The State Board of Education shall prescribe reasonable rules and regulations providing for the administration of this article under the State School Superintendent. The state board may also prescribe all forms and reports deemed necessary for implementation of this article. Such rules and regulations shall prescribe the minimum academic standards that must be met by any nonsectarian private school attended by a child in order to entitle such child to an education grant under this article; provided, however, that such minimum academic standards as may be prescribed shall not exceed or be more stringent than the minimum academic standards applicable to the public elementary and secondary schools of this state. Such rules and regulations shall not deal in any manner with the requirements of nonsectarian private schools relating to eligibility of pupils that may be admitted thereto or with the physical plant facilities of any private schools. The Superintendent may require each school to furnish him such information and records as may be deemed necessary to enable him to make a determination as to whether such school shall be eligible under this article. A failure by any school to produce all such information and records as may be requested shall be grounds for the Superintendent to omit the name of such school on the list of schools furnished to the local boards of education as provided in Code Section 20-2-646.

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20-2-646. The local boards of education shall be bound by the list of schools which the State School Superintendent shall furnish. A local board may require an applicant for a grant to furnish such information as may be deemed necessary to enable such local board to pass upon such application. A failure by the applicant to produce all such information and records as may be requested shall be grounds for denying the application without further investigation. In the event any application is denied, the local board shall give written notice thereof by mail to the parents applying therefor. Within ten days after receipt of such notice, the parents may file a written request for hearing with the local board, in which event such a hearing shall be afforded in not less than ten days from the date of receipt of such request. Any parents, school, or institution adversely affected by any final determination made by the local board as provided in this Code section may obtain review thereof by appeal to the State Board of Education, which appeal must be filed in writing not less than 15 days after such final determination. In all other respects, all such appeals to the state board shall be made and determined in accordance with the rules and regulations of the state board governing appeals from local boards of education.
20-2-647. School children receiving education grants under this article shall not be considered as being in daily attendance in any local school system of this state for the purpose of allotment and distribution of state funds under Article 6 of this chapter.
20-2-648. All grants approved and paid by the local boards of education shall be paid out of existing and available school funds allocated to such local systems by the state for educational purposes and from educational funds derived from local sources. The local system shall receive a refund relative to the amounts paid out in education grants in the amount and under the formula provided for in this Code section. The local board shall share in the cost of the education grant in the same proportion as it shares in the cost of the Adequate Program for Education in Georgia for such local system. The amount arrived at under such formula shall be paid by the Department of Education to the local system at the time and under the procedure prescribed by the State Board of Education. The state board shall include in its estimate of financial requirements to be filed with the Office of Planning and Budget, as required by law, an estimate of the amount of funds which may be needed during the next appropriations period for the purpose of paying the states portion of the grants provided for under this article. The General Assembly shall make adequate provision therefor in appropriating funds to the Department of Education. The local school systems may, at their election, utilize local education funds to supplement the amount of state funds and the local funds paid under the formula set out in this Code section. Any such supplemental funds used shall be expended in the amount and under the procedure prescribed by the local board.

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20-2-649. (a) All local school systems shall have the same power and authority to appropriate and utilize local education funds for the purpose of paying grants as such local systems now or hereafter possess for the purpose of operation of the local public schools. (b) Notwithstanding any provisions of law limiting the power of counties to levy taxes and appropriate funds for use in the county school system for educational purposes or limiting the power of municipalities to levy taxes and appropriate funds for use in independent school systems for educational purposes, and in addition to any powers now granted counties and such municipalities by existing law to levy taxes and appropriate funds for educational purposes, the governing authorities of every county in this state and of every municipality authorized by law to maintain existing independent school systems are authorized by this article pursuant to authority conferred on the General Assembly by Article VIII, Section VII of the Constitution of Georgia to appropriate and expend any available local tax funds of such county or municipality to pay education grants.

20-2-650. Any person who shall knowingly make any false statement in writing on any application or form required or authorized under this article or any person who shall obtain, seek to obtain, expend, or seek to expend any education grant funds for any purpose other than in payment of or reimbursement for the costs of attendance of his child or ward at a nonsectarian private school or public school as and for the purposes as provided in this article shall be guilty of a misdemeanor."

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:

E Abdul-Salaam Y Amerson Y Anderson Y Ashe E Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps

Y Holmes Y Holt Y Horne
Houston Y Howard E Hudson Y Hugley Y Jackson
Jacobs Y James E Jamieson Y Jenkins Y Jennings

Y Maxwell Y May Y McCall
McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler E Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P

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Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter
Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper
Cox

Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman E Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight E Knox Y Lakly
Lane, B Y Lane, R Y Lewis Y Lindsey
Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens
Stephenson Y Talton Y Teilhet
Thomas, A.M E Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson E Willard Y Williams, A Y Williams, E
Williams, R Y Wix Y Yates Y Richardson, 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.

Representatives Jacobs of the 80th and Stephenson of the 92nd 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 372. By Representatives Coan of the 101st, Brooks of the 63rd, Keen of the 179th, Richardson of the 19th, Porter of the 143rd and others:

A BILL to be entitled an Act to amend Code Section 20-2-553 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Education Authority (schools), so as to remove a provision that allows the authority to lease public property to private schools; 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:

SATURDAY, MARCH 12, 2005

2369

E Abdul-Salaam Y Amerson Y Anderson Y Ashe E Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter
Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper
Cox

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman E Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne
Houston Y Howard E Hudson Y Hugley Y Jackson
Jacobs Y James E Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight E Knox Y Lakly
Lane, B Y Lane, R Y Lewis Y Lindsey
Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall
McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler E Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens
Stephenson Y Talton Y Teilhet
Thomas, A.M E Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson E Willard Y Williams, A Y Williams, E
Williams, R Y Wix Y Yates Y Richardson, Speaker

On the passage of the Bill, the ayes were 153, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

Representatives Jacobs of the 80th and Stephenson of the 92nd 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 373. By Representatives Brooks of the 63rd, Coan of the 101st, Keen of the 179th, Richardson of the 19th, Porter of the 143rd and others:

A BILL to be entitled an Act to amend Article 4 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the

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Teachers Retirement System of Georgia, so as to repeal a provision relating to the eligibility of public school teachers and employees who are covered by a local retirement fund and who accept employment with nonsectarian schools; 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:

E Abdul-Salaam Y Amerson Y Anderson Y Ashe E Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter
Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper
Cox

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman E Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne
Houston Y Howard E Hudson Y Hugley Y Jackson
Jacobs Y James E Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight E Knox Y Lakly
Lane, B Y Lane, R Y Lewis Y Lindsey
Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall
McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall
Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler E Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens
Stephenson Y Talton Y Teilhet
Thomas, A.M E Thomas, B Y Tumlin Y Walker Y Warren
Watson Y Wilkinson E Willard Y Williams, A Y Williams, E
Williams, R Y Wix Y Yates Y Richardson, Speaker

On the passage of the Bill, the ayes were 151, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SATURDAY, MARCH 12, 2005

2371

Representatives Jacobs of the 80th and Stephenson of the 92nd 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 557. By Representative Burkhalter of the 50th:

A BILL to be entitled an Act to amend Chapter 8 of Title 36 of the Official Code of Georgia Annotated, relating to county police, so as to repeal Code Section 36-8-6, relating to duties of county police with respect to inspection of roads and bridges; 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:

E Abdul-Salaam Y Amerson Y Anderson Y Ashe E Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks
Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter
Burmeister Y Burns Y Butler Y Byrd Y Carter
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman E Gardner Y Geisinger
Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson

Y Holmes Y Holt Y Horne
Houston Y Howard E Hudson Y Hugley Y Jackson
Jacobs Y James E Jamieson Y Jenkins Y Jennings Y Johnson
Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight E Knox Y Lakly
Lane, B Y Lane, R Y Lewis Y Lindsey
Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning

Y Maxwell Y May Y McCall
McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford
Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston
Randall Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler E Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens
Stephenson Y Talton Y Teilhet
Thomas, A.M E Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson E Willard Y Williams, A Y Williams, E
Williams, R Y Wix

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Y Cooper Cox

Y Hill, C Y Hill, C.A

Y Marin Y Martin

Y Royal Y Rynders

Y Yates Richardson,
Speaker

On the passage of the Bill, the ayes were 144, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

Representatives Jacobs of the 80th and Stephenson of the 92nd 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 Keen of the 179th assumed the chair.

HB 558. By Representative Burkhalter of the 50th:

A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts involving alcoholic beverages, so as to repeal Code Section 3-3-28, relating to reuse, counterfeiting, or forging of tax stamps; 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:

E Abdul-Salaam Y Amerson Y Anderson Y Ashe E Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter
Burmeister

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming
Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman E Gardner Y Geisinger

Y Holmes Y Holt Y Horne
Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James E Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan
Keen Y Keown Y Kidd Y Knight E Knox

Y Maxwell Y May Y McCall
McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler E Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Stephens
Stephenson Y Talton Y Teilhet

SATURDAY, MARCH 12, 2005

2373

Y Burns Y Butler Y Byrd Y Carter
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper
Cox

Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Lakly Lane, B
Y Lane, R Y Lewis Y Lindsey
Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Parsons Y Porter Y Powell Y Ralston
Randall Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Thomas, A.M E Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson E Willard Y Williams, A Y Williams, E
Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 147, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

Representative Stephenson of the 92nd 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.

HB 622. By Representative Burkhalter of the 50th:

A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telegraph service, so as to repeal provisions relating to the duty of telegraph companies to deliver dispatches or messages to persons residing within a certain proximity; 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:

E Abdul-Salaam Y Amerson Y Anderson Y Ashe E Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England

Y Holmes Y Holt Y Horne
Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James E Jamieson
Jenkins

Y Maxwell Y May Y McCall
McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell
Morgan Y Morris Y Mosby

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler E Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L

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E Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter
Burmeister Y Burns Y Butler Y Byrd Y Carter
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper
Cox

Y Epps Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman E Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan
Keen Y Keown Y Kidd Y Knight E Knox Y Lakly
Lane, B Y Lane, R Y Lewis Y Lindsey
Lord Y Loudermilk E Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Marin Y Martin

Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston
Randall Ray Y Reece, B Y Reece, S Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Smith, P Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Stephens
Stephenson Y Talton Y Teilhet
Thomas, A.M E Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson E Willard Y Williams, A Y Williams, E
Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 143, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

Representatives Jenkins of the 8th and Stephenson of the 92nd 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 113. By Representatives Forster of the 3rd, Loudermilk of the 14th, Lewis of the 15th, Murphy of the 23rd, Parsons of the 42nd and others:

A RESOLUTION urging the United States Senators from the State of Georgia to support a repeal of the federal excise tax on telecommunications; 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:

E Abdul-Salaam Y Amerson

Y Crawford Y Cummings

Y Holmes Y Holt

Y Maxwell Y May

Sailor Y Scheid

SATURDAY, MARCH 12, 2005

2375

Y Anderson Y Ashe E Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter
Burmeister Y Burns Y Butler Y Byrd Y Carter
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper
Cox

Y Davis Y Day Y Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman E Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene
Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Horne Houston
Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James E Jamieson N Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan
Keen Y Keown Y Kidd Y Knight E Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey
Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y McCall McClinton
Y Meadows Y Millar Y Miller Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston
Randall Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Scott, A Y Scott, M Y Setzler E Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens
Stephenson Y Talton Y Teilhet
Thomas, A.M E Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson E Willard Y Williams, A Y Williams, E
Williams, R Y Wix Y Yates
Richardson, Speaker

On the adoption of the Resolution, the ayes were 147, nays 1.

The Resolution, having received the requisite constitutional majority, was adopted.

Representative Jenkins of the 8th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Stephenson of the 92nd 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.

HB 556. By Representative Burkhalter of the 50th:

A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to repeal

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certain obsolete statutes relating to taxation and revenue; to repeal provisions relating to standards for bound tax digests, separate assessment and appeal of property for school property tax purposes, adjustment of Georgia taxable net income because of certain federal tax treatment of certain capital gains, and required questions about intangible taxes on income tax returns; 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:

E Abdul-Salaam Y Amerson Y Anderson Y Ashe E Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter
Burmeister Y Burns Y Butler Y Byrd Y Carter
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper
Cox

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman E Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene
Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne
Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James E Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S
Jordan Keen Y Keown Y Kidd Y Knight E Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall
McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons Y Porter Y Powell Y Ralston
Randall Ray Y Reece, B Y Reece, S Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler E Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M E Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson E Willard Y Williams, A Y Williams, E
Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 148, nays 0.

SATURDAY, MARCH 12, 2005

2377

The Bill, having received the requisite constitutional majority, was passed.
HB 577. By Representatives Loudermilk of the 14th, Keen of the 179th, Brooks of the 63rd, Franklin of the 43rd, Scott of the 2nd and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers licenses, so as to provide for destruction of certain fingerprint records; to provide for certain disclosures; to prohibit the requirement of fingerprinting and similar identification of applicants for drivers licenses and identification cards; to prohibit the requirement of fingerprinting and similar identification of applicants for identification cards with disabilities; 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 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers licenses, so as to provide for destruction of certain fingerprint records; to provide for certain disclosures; to prohibit the requirement of fingerprinting and similar identification of applicants for drivers licenses and identification cards; to prohibit the requirement of fingerprinting and similar identification of applicants for identification cards issued to persons with disabilities; 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 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers licenses, is amended by striking subsection (k) of Code Section 40-5-2, relating to keeping of records of applications for licenses and information on licenses, and inserting in its place the following:
"(k)(1) The department, pursuant to rules and regulations promulgated by the commissioner, may periodically review all records maintained pursuant to this Code section and shall correct those records which contain known improper, false, fraudulent, or invalid information. (2) Not later than 30 days after the effective date of this paragraph, the department shall destroy all records of fingerprints obtained on and after April 15, 1996, and prior to the effective date of this paragraph from applicants for drivers licenses, identification cards, and identification cards for persons with disabilities issued by the

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department and shall compile and make available for public inspection a list of all persons or entities to whom the department provided such fingerprint records."
SECTION 2. Said chapter is further amended by striking Code Section 40-5-28, relating to issuance of licenses and fingerprinting of applicants, and inserting in its place the following:
"40-5-28. The department shall, upon payment of the required fee, issue to every applicant qualifying therefor a drivers license indicating the type or general class of vehicles the licensee may drive, which license shall be upon a form prescribed by the department and which shall bear thereon a distinguishing number assigned to the licensee, a color photograph of the licensee, the licensees full name, either a facsimile of the signature of the licensee or a space upon which the licensee shall write his or her usual signature with a pen and ink immediately upon receipt of the license, and such other information or identification as is required by the department. No license shall be valid until it has been so signed by the licensee. Specifically but without limitation, the The department may shall not require applicants to submit or otherwise obtain from applicants any fingerprints or any other biological characteristic or information which uniquely identifies an individual, including without limitation, deoxyribonucleic acid (DNA) and retinal scan identification characteristics but not including a photograph by any means of an inkless fingerprint scanning device upon application."
SECTION 3. Said chapter is further amended by striking subsection (a) of Code Section 40-5-100, relating to issuance, contents, and possession of identification cards, and inserting in its place the following:
"(a) The department shall issue personal identification cards to all residents as defined in Code Section 40-5-1 who make application to the department in accordance with rules and regulations prescribed by the commissioner. Cards issued to applicants under 21 years of age shall contain the distinctive characteristics of drivers licenses issued pursuant to Code Section 40-5-26. The identification card shall be similar in form but distinguishable in color from motor vehicle drivers licenses and may contain a recent color photograph of the applicant and include the following information:
(1) Full legal name; (2) Address of residence; (3) Birth date; (4) Date identification card was issued; (5) Sex; (6) Height; (7) Weight; (8) Eye color; (9) Location where the identification card was issued; (10) Signature of person identified or facsimile thereof; and

SATURDAY, MARCH 12, 2005

2379

(11) Fingerprint of the person identified; and (12) Such other information or identification as required by the department; provided, however, that the department shall not require an applicant to submit or otherwise obtain from an applicant any fingerprints or any other biological characteristic or information which uniquely identifies an individual, including without limitation, deoxyribonucleic acid (DNA) and retinal scan identification characteristics but not including a photograph by any means upon application."
SECTION 4. Said chapter is further amended by striking subsection (a) of Code Section 40-5-171, relating to issuance and contents of identification cards for persons with disabilities, and inserting in its place the following:
"(a) The department shall issue personal identification cards to persons with disabilities who make application to the department in accordance with rules and regulations prescribed by the commissioner. The identification card for persons with disabilities shall prominently display the international handicapped symbol and, in addition to any other information required by this article, may contain a recent color photograph of the applicant and the following information:
(1) Full legal name; (2) Address of residence; (3) Birth date; (4) Date identification card was issued; (5) Date identification card expires; (6) Sex; (7) Height; (8) Weight; (9) Eye color; (10) Location where the identification card was issued; (11) Signature of person identified or facsimile thereof; and (12) Fingerprint of person identified; and (13) Such other information as required by the department; provided, however, that the department shall not require an applicant to submit or otherwise obtain from an applicant any fingerprints or any other biological characteristic or information which uniquely identifies an individual, including without limitation, deoxyribonucleic acid (DNA) and retinal scan identification characteristics but not including a photograph by any means upon application."
SECTION 5. This Act shall become effective on July 1, 2007.
SECTION 6. 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.

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

E Abdul-Salaam N Amerson N Anderson N Ashe E Barnard E Barnes Y Bearden Y Beasley-Teague Y Benfield N Benton N Black N Bordeaux E Borders N Bridges Y Brooks Y Brown Y Bruce N Bryant Y Buckner, D N Buckner, G Y Burkhalter
Burmeister N Burns Y Butler Y Byrd Y Carter
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman, B N Coleman, T Y Cooper
Cox

Y Crawford Y Cummings Y Davis Y Day N Dean Y Dickson E Dodson Y Dollar Y Drenner N Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Freeman E Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K Y Heckstall Y Hembree Y Henson N Hill, C Y Hill, C.A

N Holmes Y Holt Y Horne
Houston Y Howard E Hudson N Hugley N Jackson N Jacobs N James E Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan
Keen Y Keown N Kidd Y Knight E Knox N Lakly N Lane, B Y Lane, R Y Lewis Y Lindsey
Lord Y Loudermilk E Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin

Y Maxwell Y May Y McCall
McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock E Parham E Parrish Y Parsons N Porter Y Powell Y Ralston
Randall Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal

Y Rynders Y Scheid N Scott, A Y Scott, M Y Setzler E Shaw Y Sheldon N Sims, C N Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M E Thomas, B Y Tumlin Y Walker N Warren Y Watson N Wilkinson E Willard N Williams, A N Williams, E Y Wix Y Yates Y Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 118, nays 33.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following communication was received:

SATURDAY, MARCH 12, 2005

2381

House of Representatives Legislative Office Building, Suite 612
Atlanta, Georgia 30334
March 12, 2005
Robert E. Rivers, Jr. Clerk House of Representatives
Dear Robbie:
Please place the following notation in the appropriate place in the journal of House proceedings for Saturday, March 12, 2005:
The recorded votes for House Bills 25, 26, 27, 372, 373, and 557 were conducted while I was outside the Capitol meeting with a group of constituents. I vote an emphatic "yes" on House Bills 25, 26, 27, 372, and 373, and "yes" on House Bill 557.
/s/ Mike Jacobs Rep. Mike Jacobs District 80
House of Representatives Legislative Office Building, Room 504
18 Capitol Square Atlanta, Georgia 30334
March 12, 2005
Memo To: Robert E. Rivers
From: Representative Clay Cox
Although I was in attendance on Saturday, March 12, 2005 session, I regretfully, had to leave early to attend the Georgia State Chess Tournament in which my children were participants.
Please be advised, I would like to be recorded as voting in the affirmative for each of the items brought before the Members of the House on the Calendar dated Saturday, March 12, 2005.

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Thank you for your attention on this matter.
Gratefully and Respectfully,
/s/ Clay Cox Representative, District 102
CC/mdc
Attachment
Representative Burkhalter of the 50th moved that the House do now adjourn until 1:00 P.M., Monday, March 14, 2005, and the motion prevailed.
Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 1:00 P.M., Monday, March 14, 2005.