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 II

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 II
2005 Atlanta, Ga. Printed on Recycled Paper

MONDAY, MARCH 14, 2005

2387

Representative Hall, Atlanta, Georgia

Monday, March 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:

E Abdul-Salaam Amerson Anderson Ashe Barnard
E Barnes Bearden Benfield Benton Black
E Borders Brooks Bryant Buckner, D Buckner, G Burkhalter Burmeister Burns Butler Byrd Carter Chambers Cheokas Coan Cole Coleman, B Cooper Cox Crawford

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

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

Manning Marin Martin Maxwell May Meadows Millar Miller Mills Morris Mosley Mumford Murphy, Q Neal O'Neal Parham Parrish Parsons Porter Powell Ralston E Randall E Ray Reece, B Reece, S Reese E Rice Rogers

Royal Scheid Scott, M Setzler Shaw Sheldon Sims, F Smith, B Smith, L Smith, P Smith, R Smith, T Smith, V Smyre Stephens 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 Beasley-Teague of the 65th, Bridges of the 10th, Brown of the 69th, Bruce of the 64th, Casas of the 103rd, Channell of the 116th, Coleman of the 144th, Day of the 163rd, Dean of the 59th, Dollar of the 45th, Epps of the 128th, Floyd of the 99th, Golick of the 34th, Heckstall of the 62nd, Holmes of the 61st, Houston of the 170th, Jackson of the 161st, James of the 135th, Jordan of the 77th, McCall of the 30th, McClinton of the 84th, Mitchell of the 88th, Mosby of the 90th, Murphy of the 23rd, Oliver of the 83rd, Orrock of the 58th, Roberts of the 154th, Rynders of the 152nd, Scott of the 153rd, Sims of the 169th, Sinkfield of the 60th, Stanley-Turner of the 53rd, Stephenson of the 92nd, Thomas of the 55th, Walker of the 107th, and Wix of the 33rd.

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They wish to be recorded as present.
Prayer was offered by the Reverend Ricky Jenkins, International Mission Board Southern Baptist, Blairsville, 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 of the House were introduced, read the first time and referred to the Committees:
HB 810. By Representative Greene of the 149th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the board of education of Seminole County, approved March 14, 1983 (Ga. L. 1983, p. 3994), as amended, so as to change certain provisions relating to compensation of members of the board; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

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HB 811. By Representative Jenkins of the 8th:
A BILL to be entitled an Act to create the Union County Building Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for revenue bonds and their negotiability, sale, and use of proceeds from such sales; to provide for supplemental powers; to provide for effect on other governments; to provide for liberal construction; to provide for severability and an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 812. By Representatives Ray of the 136th and Talton of the 145th:
A BILL to be entitled an Act to amend Chapter 9 of Title 51 of the Official Code of Georgia Annotated, relating to injuries to real estate, so as to provide for liability of owners of trees that fall upon the lands of others; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 813. By Representatives Cooper of the 41st, Wilkinson of the 52nd, Manning of the 32nd, Coleman of the 97th and Golick of the 34th:
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 health of students in elementary and secondary education, so as to require that parents and guardians of students are provided with information about meningococcal meningitis and its associated vaccine or vaccines at the beginning of every school year; to provide for the development of sample educational materials by the Department of Human Resources; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 814. By Representatives Jordan of the 77th, Sinkfield of the 60th and Bruce of the 64th:
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,

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so as to authorize local boards of education to offer driver education as an elective course; to provide for funding from local funds, student fees, and state funding; to provide for rules and regulations for the allocation of state funds; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

HB 815. By Representatives Jordan of the 77th and Mitchell of the 88th:

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 a bill of rights for Georgia teachers; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

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

HB 792 HB 793 HB 794 HB 795 HB 796 HB 797 HB 798 HB 799 HB 800 HB 801 HB 802 HB 803 HB 804 HB 805 HB 806 HB 807 HB 808 HB 809 HR 512 HR 513 HR 515 HR 518 HR 519

SB 106 SB 113 SB 114 SB 115 SB 127 SB 145 SB 153 SB 161 SB 174 SB 178 SB 190 SB 192 SB 217 SB 234 SB 236 SB 258 SB 267 SB 268 SB 269 SB 272 SB 274 SB 277 SB 282

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SB 2 SB 27 SB 28 SB 57 SB 84 SB 94 SB 96

SB 283 SB 284 SB 291 SB 300 SB 308 SB 312 SR 88

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 236 Do Pass HR 320 Do Pass

HR 370 Do Pass HR 429 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 Senate and has instructed me to report the same back to the House with the following recommendations:

HB 744 HB 745 HB 748 HB 751 HB 752 HB 754 HB 757 HB 758 HB 760 HB 766 HB 767 HB 768

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

HB 769 HB 772 HB 773 HB 774 HB 776 HB 784 HB 786 HB 787 HB 788 HB 789 SB 220

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass, by Substitute

Respectfully submitted, /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 MONDAY, MARCH 14, 2005

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 32nd Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule SB 49
SB 55 SB 89
SB 97

Annual Reports, Budgets, Audits; General Assembly members; notification of availability Accountancy, Board; change composition; certification; provisions Controlled Substances, Schedule I; definitions, exceptions; change provisions Juvenile Court Supervision Fees; used for truancy intervention services

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 and Senate were taken up for consideration and read the third time:

HB 744. By Representatives Ray of the 136th and James of the 135th:

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.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 751. By Representatives Royal of the 171st, Houston of the 170th and Rynders of the 152nd:
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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

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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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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 authority dissolution; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 757. By Representative Hanner of the 148th:
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 767. 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 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.

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

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

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compensation of the chairperson and 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.
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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:
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 788. By Representatives Henson of the 87th, Watson of the 91st, Mangham of the 94th, Benfield of the 85th, Gardner of the 57th 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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HB 789. By Representatives Henson of the 87th, Watson of the 91st, Mangham of the 94th, Oliver of the 83rd, Sinkfield of the 60th 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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.
The following Committee substitute was read and adopted:
A BILL
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.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Short title.
This Act shall be known and may be cited as the "Rabun County Convention and Visitors Bureau Authority Act."
SECTION 2. Definitions and references.
As used in this Act, the term: (1) "Area" means the entirety of the geographic area of Rabun County, Georgia. (2) "Authority" means the Rabin County Convention and Visitors Bureau Authority. (3) "Board" means the board of directors of the Rabun County Convention and Visitors Bureau Authority. (4) "Cities" means the Cities of Clayton, Dillard, and Sky Valley. (5) "County" means Rabun County, Georgia. (6) "Special events" means events which, in the judgment of the authority, will promote tourism in the area or privately contracted functions.
SECTION 3. Creation of authority, status, tax exemption, and sovereign immunity.
(a) There is hereby created a body public and politic to be known as the Rabun County Convention and Visitors Bureau Authority. The authority shall be deemed to be a political subdivision of the state and a public corporation and, by that name, may contract and be contracted with, sue and be sued, implead and be impleaded, and bring and defend actions. The authority shall be a convention center and visitors bureau authority created by Act of the General Assembly, and is intended to be an agency and instrumentality of the city and county, and a governmental unit for purposes of Sections 103, 141, and 150 of the federal Internal Revenue Code of 1986, as amended. The authority shall not be a state institution, nor a department or agency of the state, but shall be a creation of the state, having a distinct corporate identity. For the purposes of promotion and development of tourism as provided in Code Section 48-13-51 of the Official Code of Georgia Annotated, the Rabun County Convention and Visitors Bureau Authority established by this act shall serve as a permissible, but not the exclusive, entity for the transfer of hotel and motel tax funds by the taxing entities in Rabun County. (b) The authority shall have its principal office within Rabun County, and its legal situs or residence for the purposes of this Act shall be the county. (c) The exercise of the powers conferred upon the authority in this Act shall constitute an essential governmental function for a public purpose. The properties of the authority, both real and personal, and the income of the authority are declared to be public

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properties and income used for the benefit and welfare of the people of Rabun County and not for the purpose of private or corporate benefit; and such properties, to the extent of the authoritys ownership thereof or other interest therein, and all income and obligations of the authority shall be exempt from all taxes and special assessments of the state or any city, county, or other political subdivision thereof. The authority shall have all of the exemptions and exclusions from taxes as are now granted to cities and counties for the operation of properties or facilities similar to the properties and facilities to be owned or operated, or both, by the authority. (d) The authority shall have the same immunity and exemption from liability for torts and negligence as the state, and the officers, agents, and employees of the authority, when in performance of work of the authority, shall have the same immunity and exemption from liability for torts and negligence as officers, agents, and employees of the State of Georgia. The authority may be sued the same as private corporations on any contractual obligation of the authority. Any action to protect or to enforce any rights pursuant to the provisions of this Act or any suit or action against the authority shall be brought in the Superior Court of Rabun County, which shall have exclusive, original jurisdiction of such actions. The property of the authority shall not be subject to levy and sale under legal process. The records of the authority shall be public records which are subject to Article 4 of Chapter 18 of Title 50 of the O.C.G.A. Nothing in this Act shall be construed to abridge or change the powers and duties of other authorities, departments, boards, and like agencies of the city or county.
SECTION 4. Directors and meetings.
(a) The property and business of the authority and the direction of its work shall be vested in and managed under the direction of its board of directors. The board shall have full control for setting policies, day-to-day operations, and approving annual budgets, as specified in Section 8 of this Act, subject only to the limitation specified herein. (b) The board shall consist of 22 directors, who shall be natural persons at least 21 years of age and who shall be residents of the county. The city councils of the Cities of Clayton, Dillard, and Sky Valley and the county board of commissioners shall appoint one director each, who may or may not be directors of the respective council or board of commissioners, and who shall serve two-year terms. The four initial appointees shall make 18 additional appointments, subject to confirmation by the city council of each city and the county board of commissioners. In order to achieve staggered terms, nine of such 18 appointments shall be designated as being for one year and nine shall be designated for two years. Thereafter, all directors shall serve for terms of two years. The terms of directors shall expire on the last day of January of the year of expiration and appointments for the succeeding two-year term shall be made in January with such appointments being effective as of the next February 1. Any director may resign at any time by filing a written notice of resignation with the chairperson of the board. Directors

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may be removed for cause by a majority vote of the directors of the authority. If possible, the following shall be represented on the board:
(1) Rabun county resort properties; (2) The Dillard hotel and motel industry; (3) The Clayton hotel and motel industry; (4) The Rabun County bed and breakfast industry; (5) Clayton merchants; (6) Dillard merchants; (7) State or federal government, such as the U.S. Forest Service and state parks; (8) The outdoor recreation industry; (9) The agricultural tourism industry; (10) Environmental or conservation groups; (11) Rabun County restaurants including at least one major restaurant; (12) Georgia Power Company or other Rabun County utilities; (13) Rabun County banking industry; (14) Rabun County realtors; (15) Rabun County property rental companies; and (16) The Rabun County Chamber of Commerce. (c) The board shall meet at such times as may be necessary to transact the business coming before it, but not less often than monthly. Either the chairperson or any two other directors together may call a special meeting of the board. Meetings of the board shall be open to the public in accordance with the laws of the State of Georgia. Written minutes of all meetings shall be kept, and within ten days following every meeting, a copy of the minutes shall be furnished to the mayor and council of each city and to the county board of commissioners. Meetings shall be conducted in accordance with the latest version of Roberts Rules of Order. (d) At the first meeting of the board, and thereafter subsequent to the biennial new appointments, the directors shall elect a chairperson and a vice chairperson from its voting directorship. The chairperson shall preside at meetings of the board and shall vote on all matters coming before the board except when an even number of directors are present and creates the possibility of a tie vote. In such instance, the chairperson shall not vote except to break a tie vote. The vice chairperson shall preside at meetings in the absence of the chairperson. In the absence of both the chairperson and vice chairperson, the directors present at a meeting shall elect a temporary chairperson to preside at that meeting, so long as the chairperson and vice chairperson both remain absent from the meeting. A quorum shall consist of at least 50 percent of the whole number of directors then in office for the transaction of business at all meetings. Official action may be taken by majority vote of those directors voting on a matter if a quorum is present and voting on such matter, except that the bylaws of the authority shall be initially adopted or subsequently amended only by majority vote of all directors. All directors present at a meeting, including the chairperson, vice chairperson, or any other director presiding at such meeting, shall be entitled to vote on all matters which shall come before the board.

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No vacancy on the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority. (e) Directors shall receive no compensation for their services as directors of the authority but may be reimbursed for their proper and reasonable expenses incurred in the performance of their duties, subject to any limitations imposed by general law upon the reimbursement of public officials and subject to any limitations which may be contained, from time to time, in the bylaws of the authority.
(f)(1) As used in this subsection, the term "substantial interest or involvement" means any interest or involvement which reasonably may be expected to result in a direct financial benefit to a director, as determined by the authority directors by vote, which determination shall be final and not subject to review. (2) The provisions of Code Section 45-10-3 of the O.C.G.A. shall apply to the directors of the authority, and a director of the authority shall not engage in any transaction with the authority. The provisions of this paragraph and the provisions of paragraph (9) of such Code section shall be deemed to have been complied with and the authority may purchase from, sell to, borrow from, loan to, contract with, or otherwise deal with any director or any organization or person with which any director of the authority is in any way interested or involved, provided that:
(A) Any interest or involvement by such director is disclosed in advance to the directors of the authority who will be voting on the matter or transaction and such disclosure is recorded in the minutes of the board; (B) No director having such a substantial interest or involvement may be present at that portion of any meeting of the authority during which discussion of such matter or transaction is conducted; and (C) No director having a substantial interest or involvement may participate in any decision of the authority directors relating to any such matter or transaction. A director who has any such substantial interest or involvement shall be entitled to participate in discussions of whether such interest or involvement is a substantial interest or involvement but shall not be entitled to vote on the question. (3) Nothing contained in this subsection or in Code Section 45-10-3 of the O.C.G.A. shall be deemed to prohibit any director from providing legal services to the authority, being paid for such services and related expenses, or participating in discussions relating to his or her engagement, scope of services, compensation, or related matters or from voting on such matters.
SECTION 5. Purpose.
The purpose of the authority is to promote tourism, conventions, special events, and trade shows within the area in such manner and manners as the authority shall determine to be appropriate.

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SECTION 6. Duty of the authority.
It shall be the duty of the authority to promote tourism, conventions, special events, and trade shows within the area and to operate the authority and its facilities in a fiscally responsible manner.
SECTION 7. Powers.
(a) The authority shall have all powers allowed by law and consistent with the provisions of this Act as are necessary or convenient to carry out its corporate purpose, including, without limitation, the power to:
(1) Adopt and alter a corporate seal; (2) Purchase advertising promoting tourism, conventions, trade shows, and special events; (3) Encourage, solicit, promote, procure, sponsor, cosponsor, and service conventions, trade shows, and special events; (4) Lend financial support through grants, contributions, or otherwise to other governmental entities in furtherance of its corporate purpose; (5) Lend financial support through grants, contributions, or otherwise to private sector for profit and not for profit entities in furtherance of its corporate purpose, specifically provided that the authority determines that the residents of the area shall receive a substantial benefit and provided that it does so by written agreement; (6) Conduct activities to foster better public understanding on the part of individuals and businesses of the importance of tourism and the convention and visitors industry to the economy of the cities, of the county, and of the area; (7) Conduct activities to encourage and to assist the cooperation between the businesses and industries servicing tourists, conventions, trade shows, and special events; (8) Engage in fundraising activities in furtherance of its corporate purpose; (9) Acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (10) Dispose of personal property in its discretion; to dispose of real property; or to acquire in its own name by purchase, upon terms and conditions and in a manner it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purpose, to use the same so long as its corporate existence shall continue, or to lease or make contracts with respect to the use of the same. If the authority deems it expedient to acquire and construct any facility on any lands, the title to which shall then be held by the city, the county, or any other municipality incorporated in said county, the governing authority or body of the city, the county, or any of the said municipalities is authorized to convey title to such lands to the authority upon the receipt of such lawful consideration as may be determined

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by the parties for such conveyance or upon payment for the credit of the general finds of said county or municipalities of the reasonable value of such lands, such value to be determined by mutual consent of said county or municipality and the chairperson of the authority; (11) Appoint, select, and employ an executive director, officers, agents, and employees, and independent consultants including but not limited to engineering, architectural, and construction experts, fiscal agents, auditors, economists, and attorneys and fix their respective compensations; and to delegate to the executive director the authority and responsibility necessary to administer properly the day-today business of the authority within policies set by the board and subject to its review. The powers delegated to the executive director may, at the election of the board, include the making of recommendations as to the hiring and termination of other employees and their compensation, the management of the authoritys offices and properties, the making of budget recommendations, and the hiring of independent consultants. The board shall ensure that the executive director and any other employees of the authority shall be evaluated on their performance no less than on an annual basis. (12) Appoint an advisory committee and other committees of persons from the public and private sectors without regard to their places of residence; (13) Make contracts of every kind and character, and, without limitation, any and all persons, firms, and corporations and the state and any and all political subdivisions, departments, institutions, or agencies of the state, including, but not limited to, the county and the cities, are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the above, the authority shall be permitted to enter into the following:
(A) Contracts under which the authority purchases administrative and financial management services from the city or county to be performed by personnel at the citys or countys cost, which shall include the costs of payroll, employee benefits, supplies, and overhead reasonably allocable to the performance of such services; and (B) Lease contracts relating to leases of real property, personal property, or both real and personal property; (14) Accept loans and grants of money or materials or property of any kind from the United States or any agency or instrumentality thereof, upon such terms and conditions as the United States or such agency or instrumentality may impose; (15) Accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political division thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (16) Sell, lease, grant, exchange, or otherwise dispose of any personal property or interest therein; (17) Sue and be sued in contract and in tort and to complain and defend in all courts;

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(18) Advise and recommend plans to other public and private sector entities for the promotion of tourism, conventions, trade shows, and special events; (19) Conduct studies and develop plans for improving tourism in the area; (20) Receive and disburse public funds appropriated by the city and county and to receive and disburse funds from private sources and other revenues which may be received from time to time which would assist in the accomplishment of its corporate purpose; and (21) Do all things necessary or convenient to accomplish its corporate purpose and to exercise any power permitted by the laws of this state to be exercised by private corporations which will further the authoritys ability to accomplish such purpose, so long as the exercise of such power is not in conflict with the Constitution or laws of this state. (b) The powers enumerated in each paragraph of subsection (a) of this section are cumulative of and in addition to those powers enumerated in the other paragraphs of subsection (a) of this section and any other powers elsewhere in this Act or which may reasonably be inferred from the provisions of this Act. This Act shall be liberally construed to affect the described purposes, and in interpreting this Act, the courts are not to apply "Dillons Rule."
SECTION 8. Budget and finances.
(a) A budget committee consisting of the directors appointed by the governing authority of the county and by the chamber of commerce shall prepare the initial budget for the authority. Such budget shall be approved by unanimous vote of the committee, after which it shall be submitted to the full board of directors for approval by majority vote. Such initial budget shall not become effective until it has been approved by the governing authorities of the county and each city. The same process shall govern the second budget year, after which the procedures provided in subsection (b) of this section shall apply; provided, however, that if the second year budget fails to receive the required approval of the budget committee, the board of directors, or a governing authority, the provisions of subsection (b) of this section shall take effect immediately. (b) On or before April 30 of each year, the authority shall receive its verified audit for the prior year. Prior to October 1 of each year, the chairperson of the board shall appoint one director of the authority to confer jointly with the administrators or mayor of each city that collects hotel motel taxes and with the county administrator and to act as liaison with regard to a proposed budget for the authority for the ensuing year. Such persons shall annually be known as the Budget Committee. The Budget Committee shall produce a proposed budget for approval by the board and submission, by October 1 of each year, to the mayors and councils of the cities that collect hotel motel taxes and to the county board of commissioners. If the Budget Committee does not unanimously present a proposed budget to the board for approval and submission, then the board shall submit a continuation budget not greater than the total approved budget for the current year. The

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continuation budget shall include any upward or downward adjustment necessary to meet all debt service requirements. If either the cities or county, or both, shall fail or refuse to approve the budget as submitted by the board by December 31, then the continuation budget, as set forth above, shall become automatically effective in order to ensure operational continuity of the authority. Commencing Fiscal Year 2005, the cities and county shall each be required to provide funding to the authority as provided in paragraph (5.3) of Code Section 48-13-51 of the O.C.G.A. The continuation budget as set forth above shall remain in effect until the next budget cycle. In the event of a failure to reach budget agreement at that time or in subsequent years, then a percentage increase shall automatically apply to all line items of the budget equivalent to the percentage increase for the relevant time period as determined by the Blue Book CPI index for all consumer goods.
SECTION 9. Bylaws.
The authority may, by affirmative vote of a majority of all directors, adopt bylaws to govern the authority, its employees, and operation and may, by affirmative vote of twothirds of the directors, repeal, replace, or amend such bylaws.
SECTION 10. Liability limited.
Neither the directors of the authority nor any person executing notes, leases, or other agreements or obligations on behalf of the authority shall be personally liable thereon by reason of such execution.
SECTION 11. Neither cities nor county bound.
The authority shall have no power or authority to bind the cities or the county by any contract, agreement, financial obligation, indebtedness, or otherwise; and no contract, agreement, financial obligation, or indebtedness incurred by the authority shall ever be a claim or charge against the cities or county; provided, however, that both the authority and the cities or county shall be bound to each other by contracts, agreements, financial obligations, or indebtedness between themselves.
SECTION 12. Oversight.
Either the mayor and council of any of the cities or the county board of commissioners, or the designees of either, shall be authorized to inspect at their pleasure the state and condition of the authority, its properties, and all books and records pertaining to the

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authority and its affairs, and the authority shall give them such books and records and furnish them with assistance in making such inspections.

SECTION 13. Dissolution.

Should the authority, for any reason, be dissolved after full payment of all indebtedness previously incurred, both as to principal and interest, title to all property of any kind and nature, real and personal, held by the authority at the time of such dissolution shall be conveyed to the cities and to the county as tenants in common as may be appropriate; or title to any such property may be conveyed prior to such dissolution in accordance with provisions which may be made therefor in any resolution or trust instrument relating to such property, subject to any liens, leases, or other encumbrances outstanding against or in respect to such property at the time of such conveyance.

SECTION 14. Repealer.
All laws and parts of laws in conflict with this Act are repealed.

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

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 Y 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 Y Bryant Y Buckner, D
Buckner, G Y Burkhalter

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
Fleming Floyd, H Y Floyd, J Y Fludd Forster Franklin Y Freeman Y Gardner

Holmes Holt Y Horne Houston Y Howard E Hudson Y Hugley Y Jackson N 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 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 Y Parham

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 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
Coleman, T Cooper Y Cox

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

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 Y Wix Y Yates
Richardson, Speaker

On the passage of the Bills, the ayes were 145, nays 1.

The Bills, having received the requisite constitutional majority, were passed.

Representative Channell of the 116th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following bills of the Senate:

SB 259. By Senator Johnson of the 1st:

A BILL to be entitled an Act to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving dangerous instrumentalities and practices, so as to repeal provisions relating to the crime of discharging a firearm on Sunday; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 260. By Senators Johnson of the 1st and Wiles of the 37th:

A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, so as to repeal provisions

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relating to furnishing and approval of bonds by said officers; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 285. By Senator Rogers of the 21st:
A BILL to be entitled an Act to amend Article 6 of Chapter 8 of Title 46 of the Official Code of Georgia Annotated, relating to operation of trains generally, so as to remove certain provisions relating to employees engaged in the operation of trains and relating to signal whistles and lights on trains; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 286. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the state merit system of personnel administration in general, so as to repeal provisions relating to optional coverage of legislative branch employees under the classified service of the state merit system; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 287. By Senator Heath of the 31st:
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 trade practices, so as to repeal provisions which provide that local government permits are required for the operation of movie theaters and athletic events to be held on Sundays; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 290. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 4 of Title 10, relating to leaf tobacco sales and storage, so as to repeal Code Section 104-114.1, relating to grading of leaf tobacco by the Agriculture Marketing Service and alternatives if graders are unavailable; 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 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

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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.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 259. By Senator Johnson of the 1st:
A BILL to be entitled an Act to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving dangerous instrumentalities and practices, so as to repeal provisions relating to the crime of discharging a firearm on Sunday; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 260. By Senators Johnson of the 1st and Wiles of the 37th:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, so as to repeal provisions relating to furnishing and approval of bonds by said officers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Rules.
SB 285. By Senator Rogers of the 21st:
A BILL to be entitled an Act to amend Article 6 of Chapter 8 of Title 46 of the Official Code of Georgia Annotated, relating to operation of trains generally, so as to remove certain provisions relating to employees engaged in the operation of trains and relating to signal whistles and lights on trains;

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to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
SB 286. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the state merit system of personnel administration in general, so as to repeal provisions relating to optional coverage of legislative branch employees under the classified service of the state merit system; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
SB 287. By Senator Heath of the 31st:
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 trade practices, so as to repeal provisions which provide that local government permits are required for the operation of movie theaters and athletic events to be held on Sundays; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
SB 290. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 4 of Title 10, relating to leaf tobacco sales and storage, so as to repeal Code Section 10-4-114.1, relating to grading of leaf tobacco by the Agriculture Marketing Service and alternatives if graders are unavailable; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
The Speaker Pro Tem assumed the Chair.
The following members were recognized during the period of Morning Orders and addressed the House:
Marin of the 96th, Jordan of the 77th, and Richardson of the 19th.

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The Speaker assumed the Chair.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
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.
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 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.
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 Resolution of the House was read and adopted:
HR 535. By Representatives Keen of the 179th, Richardson of the 19th, Burkhalter of the 50th, Lunsford of the 110th, Knight of the 126th and others:
A RESOLUTION commending Honorable John Yates; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

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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.

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 E 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 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 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
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 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
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 E Randall E Ray Y Reece, B Y Reece, S Y Reese E 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 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 Y Yates
Richardson, Speaker

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On the passage of the Bill, the ayes were 163, nays 0.

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

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.

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.

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 E Barnes Y Bearden
Beasley-Teague Y 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 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 Y Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene

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 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 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

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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 Y Heard, K
Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A

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

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

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 166, nays 0.

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

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 following Committee substitute was read and adopted:

A BILL

To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to amend certain provisions relating to court supervision fees; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking Code Section 15-11-71 of the Official Code of Georgia Annotated, relating to juvenile court supervision fees, and inserting a new Code section to read as follows:
"15-11-71. (a) The purpose of this Code section is to allow the juvenile courts of Georgia to collect supervision fees from those who are placed under the courts formal or informal supervision in order that the court may use those fees to expand the provision of the following types of ancillary services:

MONDAY, MARCH 14, 2005

2417

(1) Housing in nonsecure facilities that meet the requirements of Code Section 15-1148; (2) Educational services, tutorial services, or both; (3) Counseling and diagnostic testing; (4) Mediation; (5) Transportation to and from court ordered services; (6) Truancy intervention services; (6)(7) Restitution programs; and (7)(8) Job development or work experience programs. (b) The juvenile court may order each delinquent or unruly child who receives supervision under paragraph (2), (5), or (6) of subsection (a) of Code Section 15-11-66, or Code Section 15-11-67, or paragraph (2) of subsection (a) of counsel and advice pursuant to Code Section 15-11-69 to pay: (1) An initial court supervision users fee of not less than $10.00 nor more than $200.00; and (2) A court supervision users fee of not less than $2.00 nor more than $30.00 for each month that the child receives supervision to the clerk of the court. The child and each parent, guardian, or legal custodian of the child may be jointly and severally liable for the payment of the fee and shall be subject to the enforcement procedure stated in subsection (b) of Code Section 15-11-8. The judge shall attempt to provide that any such fees shall be imposed on such terms and conditions as shall assure that the funds for the payment are from moneys earned by the child. All moneys collected by the clerk under this subsection shall be transferred to the county treasurer, or such other county official or employee who performs duties previously performed by said treasurer, who shall deposit the moneys into a county supplemental juvenile services fund. The governing authority of the county shall appropriate moneys from the county supplemental juvenile services fund to the juvenile court for the courts discretionary use in providing supplemental community based services described in subsection (a) of this Code section to offenders who are children. These funds shall be administered by the county and the court may draw upon them by submitting invoices to the county. The county supplemental juvenile services fund may be used only for these services. Any moneys remaining in the fund at the end of the county fiscal year shall not revert to any other fund but shall continue in the county supplemental juvenile services fund. The county supplemental juvenile services fund may not be used to replace other funding of services. (c) For the purpose of this Code section, the term 'guardian' or 'legal custodian' shall not be interpreted or construed to include the Department of Human Resources or the Department of Juvenile Justice."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

2418

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:

E Abdul-Salaam Y Amerson Y 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 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 N 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 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 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 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 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
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 E Randall E Ray Y Reece, B Y Reece, S Y Reese E 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
Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 162, nays 1.

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

SB 55. By Senators Seabaugh of the 28th and Balfour of the 9th:

MONDAY, MARCH 14, 2005

2419

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.

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 E Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black
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 Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan
Cole Y Coleman, B Y Coleman, T

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 E Henson

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 Y Lane, B Y Lane, R Y Lewis Y Lindsey
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 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 E Randall E Ray Y Reece, B Y Reece, S Y Reese E Rice Y Roberts N Rogers

Y Sailor Y Scheid
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 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

2420

JOURNAL OF THE HOUSE

Y Cooper Y Cox

Y Hill, C Y Hill, C.A

Y Marin Y Martin

Y Royal Y Rynders

Yates Richardson, Speaker

On the passage of the Bill, the ayes were 159, nays 3.

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

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.

Representative Buckner of the 76th stated that she inadvertently voted "nay" on 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 substitute, by the requisite constitutional majority, the following bill of the House:

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 Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

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 Senate 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, institutions, and other

MONDAY, MARCH 14, 2005

2421

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:

Total Funds

$29,640,806,250

Non State Funds

$12,076,727,551

Federal Funds Not Specifically Identified

$2,436,167,760

Agency Funds

$1,783,427,307

Other Non-State Funds

$101,789,751

Temporary Assistance for Needy Families Block Grant

$301,522,471

Social Services Block Grant

$50,183,224

Child Care and Development Block Grant

$74,026,303

Foster Care Title IV-E

$66,740,935

Maternal and Child Health Services Block Grant

$17,348,033

Medical Assistance Program

$4,135,217,187

Preventive Health and Health Services Block

$4,203,960

Block Grants for Community Mental Health Services

$12,840,422

Block Grants for Prevention and Treatment of Substance Abuse

$50,960,438

Federal Highway Administration Highway Planning Construction $1,100,000,000

Federal Transit Administration Capital Investment Grants

$12,858,431

Research Funds

$1,483,785,256

State Children's Insurance Program

$182,216,568

Community Services Block Grant

$17,185,183

Low-Income Home Energy Assistance

$18,929,972

TANF - Block Grant Unobligated Balance

$160,821,854

TANF - Transfer to Social Services Block Grant

$36,802,496

TANF - Transfer to Child Care Development Fund

$29,700,000

State Funds

$17,564,078,699

Lottery Funds

$811,629,758

Tobacco Funds

$156,626,752

Motor Fuel Funds

$790,000,000

Other State Funds

$180,862,880

State General Funds

$15,624,959,309

Intra-State Government Transfers

$2,521,047,563

Health Insurance Payments

$1,991,123,360

Other Intra-State Government Transfers

$39,886,170

2422

JOURNAL OF THE HOUSE

Retirement Payments Self Insurance Trust Fund Payments Optional Medicaid Services Payments

$36,195,366 $132,900,000 $320,942,667

Section 1: Georgia Senate Total Funds Non State Funds State Funds
State General Funds Intra-State Government Transfers

$46,506,737 $36,802,496
$9,704,241 $9,704,241
$0

LIEUTENANT GOVERNOR'S OFFICE Total Funds State Funds State General Funds

$812,123 $812,123 $812,123

SECRETARY OF THE SENATE'S OFFICE Total Funds State Funds State General Funds

$1,211,226 $1,211,226 $1,211,226

SENATE Total Funds State Funds State General Funds

$6,682,110 $6,682,110 $6,682,110

SENATE BUDGET AND EVALUATION OFFICE

The purpose is to provide budget development and evaluation expertise to the State

Senate.

Total Funds

$998,782

State Funds

$998,782

State General Funds

$998,782

Section 2: Georgia House of Representatives Total Funds Non State Funds State Funds
State General Funds Intra-State Government Transfers

$53,999,335 $36,802,496 $17,196,839 $17,196,839
$0

HOUSE OF REPRESENTATIVES Total Funds State Funds State General Funds

$17,196,839 $17,196,839 $17,196,839

MONDAY, MARCH 14, 2005

2423

Section 3: Georgia General Assembly Joint Offices Total Funds Non State Funds State Funds
State General Funds Intra-State Government Transfers

$45,446,453 $36,802,496
$8,643,957 $8,643,957
$0

ANCILLARY ACTIVITIES

The purpose is to provide services for the legislative branch of government.

Total Funds

$3,432,379

State Funds

$3,432,379

State General Funds

$3,432,379

LEGISLATIVE FISCAL OFFICE

The purpose 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

$2,204,887

State Funds

$2,204,887

State General Funds

$2,204,887

OFFICE OF LEGISLATIVE COUNSEL

The purpose is to provide bill-drafting services, advise and counsel members of the

General Assembly.

Total Funds

$3,006,691

State Funds

$3,006,691

State General Funds

$3,006,691

Section 4: Audits and Accounts, Department of Total Funds Non State Funds State Funds
State General Funds Intra-State Government Transfers

$65,629,125 $36,802,496 $28,826,629 $28,826,629
$0

DEPARTMENTAL ADMINISTRATION

The purpose is to provide administrative support to all departmental programs.

Total Funds

$359,972

State Funds

$359,972

State General Funds

$359,972

FINANCIAL AUDITS The purpose is to provide financial audits of statewide finances, Medicaid providers,

2424

JOURNAL OF THE HOUSE

healthcare fraud, regional libraries, reviews of local governments and non-profit

organizations.

Total Funds

$22,803,829

State Funds

$22,803,829

State General Funds

$22,803,829

INFORMATION SYSTEMS AUDITS

The purpose is to provide independent information systems audits and reviews to

determine security and control and advise the state on significant IT initiatives.

Total Funds

$1,075,871

State Funds

$1,075,871

State General Funds

$1,075,871

LEGISLATIVE SERVICES

The purpose is to provide information on retirement system services, promulgation

of statewide policies and procedures and provide fiscal note services.

Total Funds

$110,575

State Funds

$110,575

State General Funds

$110,575

PERFORMANCE AUDITS

The purpose is to provide detailed analysis of performance measures for state

sponsored programs.

Total Funds

$2,424,947

State Funds

$2,424,947

State General Funds

$2,424,947

STATEWIDE EQUALIZED ADJUSTED PROPERTY TAX DIGEST

The purpose is to provide an equalized property tax for use in allocating state funds

for public school systems.

Total Funds

$2,051,435

State Funds

$2,051,435

State General Funds

$2,051,435

Section 5: Appeals, Court of Total Funds Non State Funds
Agency Funds State Funds
State General Funds Intra-State Government Transfers

$49,416,470 $36,892,496
$90,000 $12,523,974 $12,523,974
$0

MONDAY, MARCH 14, 2005

2425

COURT OF APPEALS

The purpose of this court is to review and exercise appellate and certiorari

jurisdiction in all cases not reserved to the Supreme Court or conferred on other

courts by law.

Total Funds

$12,613,974

Non-State Funds

$90,000

Agency Funds

$90,000

State Funds

$12,523,974

State General Funds

$12,523,974

Section 6: Judicial Council Total Funds Non State Funds State Funds
State General Funds Intra-State Government Transfers

$56,234,224 $36,802,496 $19,431,728 $19,431,728
$0

COUNCIL OF JUVENILE COURT JUDGES

The purpose 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

$6,260,973

State Funds

$6,260,973

State General Funds

$6,260,973

GEORGIA OFFICE OF DISPUTE RESOLUTION

The purpose is to oversee the development of court-connected alternative dispute

resolution programs in Georgia.

Total Funds

$362,236

State Funds

$362,236

State General Funds

$362,236

INSTITUTE OF CONTINUING JUDICIAL EDUCATION

The purpose is to provide basic training and continuing education to elected

officials, court support personnel and volunteer agents of the State's judicial branch.

Total Funds

$1,126,382

State Funds

$1,126,382

State General Funds

$1,126,382

JUDICIAL COUNCIL The purpose 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.

2426

JOURNAL OF THE HOUSE

Total Funds State Funds
State General Funds

$10,624,235 $10,624,235 $10,624,235

JUDICIAL QUALIFICATIONS COMMISSION

The purpose is to discipline, remove, and cause involuntary retirement of judges.

Total Funds

$257,902

State Funds

$257,902

State General Funds

$257,902

RESOURCE CENTER

The purpose of this program is to provide representation to all death penalty

sentenced inmates in habeas proceedings.

Total Funds

$800,000

State Funds

$800,000

State General Funds

$800,000

Section 7: Prosecuting Attorneys Total Funds Non State Funds
Agency Funds State Funds
State General Funds Intra-State Government Transfers

$87,918,586 $38,569,542
$1,767,046 $49,349,044 $49,349,044
$0

DISTRICT ATTORNEYS

The District Attorney represents the State of Georgia in the trial and appeal of

felony criminal cases in the Superior Court for the judicial circuit and delinquency

cases in the juvenile courts.

Total Funds

$45,650,833

Non-State Funds

$1,767,046

Agency Funds

$1,767,046

State Funds

$43,883,787

State General Funds

$43,883,787

PROSECUTING ATTORNEY'S COUNCIL

This program is charged with the responsibility of assisting Georgia's District

Attorneys and State Court Solicitors.

Total Funds

$5,465,257

State Funds

$5,465,257

State General Funds

$5,465,257

Section 8: Public Defender Standards Council, Georgia

MONDAY, MARCH 14, 2005

2427

Total Funds Non State Funds
Agency Funds State Funds
State General Funds Intra-State Government Transfers

$80,081,556 $38,002,496
$1,200,000 $42,079,060 $42,079,060
$0

PUBLIC DEFENDER STANDARDS COUNCIL

The purpose 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

$43,279,060

Non-State Funds

$1,200,000

Agency Funds

$1,200,000

State Funds

$42,079,060

State General Funds

$42,079,060

Section 9: Superior Courts Total Funds Non State Funds State Funds
State General Funds Intra-State Government Transfers

$89,529,832 $36,802,496 $52,727,336 $52,727,336
$0

COUNCIL OF SUPERIOR COURT CLERKS

To assist superior court clerks throughout the state in the execution of their duties,

and to promote and assist in their training of the superior court clerks.

Total Funds

$144,925

State Funds

$144,925

State General Funds

$144,925

JUDICIAL ADMINISTRATIVE DISTRICTS

The purpose of this program is to prepare and manage local county court judges.

Total Funds

$2,253,718

State Funds

$2,253,718

State General Funds

$2,253,718

STATEWIDE FELONY AND JUVENILE DRUG COURTS

The purpose of this program is to reduce recidivism among nonviolent substance

abusing adult and juvenile offenders and to increase their likelihood of rehabilitation

through intensive, judicially-supervised case management involving drug testing,

treatment, community supervision, incentives and immediate sanctions.

Total Funds

$1,000,000

2428

JOURNAL OF THE HOUSE

State Funds State General Funds

$1,000,000 $1,000,000

SUPERIOR COURT JUDGES

The purpose is to be Georgia's general jurisdiction trial court and exercise

exclusive, constitutional authority over felony cases, divorce, equity and cases

regarding title to land.

Total Funds

$49,328,693

State Funds

$49,328,693

State General Funds

$49,328,693

Section 10: Supreme Court Total Funds Non State Funds State Funds
State General Funds Intra-State Government Transfers

$44,445,217 $36,802,496
$7,642,721 $7,642,721
$0

SUPREME COURT OF GEORGIA

The purpose is to be a court of review and exercise exclusive appellate jurisdiction

in all cases involving the 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 all cases

of election contest.

Total Funds

$7,642,721

State Funds

$7,642,721

State General Funds

$7,642,721

Section 11: Administrative Services, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds Other Non-State Funds State Funds State General Funds Intra-State Government Transfers Self Insurance Trust Fund Payments

$219,587,434 $56,069,404 $253,616 $17,793,967 $1,219,325 $30,618,030 $30,618,030 $132,900,000
$132,900,000

ADMINISTRATIVE HEARINGS, OFFICE OF STATE

The purpose is to provide an impartial, independent forum for resolving disputes

between the public and state agencies.

Total Funds

$4,315,915

MONDAY, MARCH 14, 2005

2429

Non-State Funds Agency Funds
State Funds State General Funds

$601,308 $601,308 $3,714,607 $3,714,607

BULK PAPER SALES

The purpose is to reduce cost through aggregation of demand for paper in bulk

quantities.

Total Funds

$2,353,715

Non-State Funds

$2,353,715

Agency Funds

$2,155,511

Other Non-State Funds

$198,204

DEPARTMENTAL ADMINISTRATION

The purpose is to provide administrative support to all department programs.

Total Funds

$6,231,896

Non-State Funds

$2,600,865

Agency Funds

$2,574,058

Federal Funds Not Specifically Identified

$26,807

State Funds

$3,631,031

State General Funds

$3,631,031

FISCAL SERVICES

The purpose 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

$307,228

Non-State Funds

$307,228

Agency Funds

$270,944

Other Non-State Funds

$36,284

FLEET MANAGEMENT

The purpose is to reduce cost through centralized, appropriate, and cost-effective

management of the state's motor vehicle fleet.

Total Funds

$2,409,075

Non-State Funds

$2,409,075

Agency Funds

$1,787,107

Other Non-State Funds

$621,968

HAZARDOUS MATERIALS, AGENCY FOR THE REMOVAL OF The purpose is to establish and administer a program for the abatement and removal of asbestos and other hazardous materials from premises of the state.

2430

JOURNAL OF THE HOUSE

Total Funds State Funds
State General Funds

$85,354 $85,354 $85,354

HEALTH PLANNING REVIEW BOARD The purpose is to review decisions made by hearing officers.
Total Funds State Funds
State General Funds

$60,473 $60,473 $60,473

MAIL AND COURIER

The purpose is to reduce cost through aggregation of demand for Capitol Hill and

metro area mail and package delivery services.

Total Funds

$1,281,259

Non-State Funds

$1,281,259

Agency Funds

$983,555

Other Non-State Funds

$297,704

PAYMENTS TO AVIATION HALL OF FAME

The purpose is to promote and encourage the growth and public support of

aviation within the state by honoring those, living or dead, who by extraordinary

achievement or service have made outstanding and lasting contributions to aviation

in Georgia.

Total Funds

$50,000

State Funds

$50,000

State General Funds

$50,000

PAYMENTS TO GEORGIA BUILDING AUTHORITY

The purpose is to purchase, erect, and maintain buildings and other facilities to

house agents and officials of the state government.

Total Funds

$2,385,619

Non-State Funds

$54,331

Federal Funds Not Specifically Identified

$54,331

State Funds

$2,331,288

State General Funds

$2,331,288

PAYMENTS TO GEORGIA TECHNOLOGY AUTHORITY

The purpose is to provide for procurement of technology resources, enterprise

management, and portfolio management 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

$922,478

MONDAY, MARCH 14, 2005

2431

Non-State Funds Federal Funds Not Specifically Identified
State Funds State General Funds

$172,478 $172,478 $750,000 $750,000

PAYMENTS TO GOLF HALL OF FAME AUTHORITY

The purpose is to construct and maintain a facility and related attractions to house

the Georgia Golf Hall of Fame to honor those who by achievement or service have

made outstanding and lasting contributions to the sport of golf in this state or

elsewhere.

Total Funds

$58,685

State Funds

$58,685

State General Funds

$58,685

PROPERTIES COMMISSION, STATE

The purpose 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

$558,156

State Funds

$558,156

State General Funds

$558,156

RISK MANAGEMENT

The purpose 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

$4,648,209

Agency Funds

$4,648,209

Intra-State Government Transfers

$132,900,000

Self Insurance Trust Fund Payments

$132,900,000

SERVICE CONTRACT MANAGEMENT

The purpose is to provide customer cost avoidance for service contracts through

aggregation of demand, competitive procurement, and contract management.

Total Funds

$140,330

Non-State Funds

$140,330

Agency Funds

$134,316

Other Non-State Funds

$6,014

SPACE MANAGEMENT

The purpose is to help state government meet its current need for office space and

plan for future needs as business goals and operations change.

Total Funds

$371,491

2432

JOURNAL OF THE HOUSE

State Funds State General Funds

$371,491 $371,491

STATE PURCHASING

The purpose is to reduce cost and provide fair and equitable access through open,

structured competitive procurement.

Total Funds

$18,796,901

Non-State Funds

$153,060

Agency Funds

$153,060

State Funds

$18,643,841

State General Funds

$18,643,841

SURPLUS PROPERTY

The purpose 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

Agency Funds

$2,017,271

TREASURY AND FISCAL SERVICES, OFFICE OF

The purpose 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

$2,730,290

Non-State Funds

$2,376,779

Agency Funds

$2,376,779

State Funds

$353,511

State General Funds

$353,511

U.S. POST OFFICE

The purpose is to provide convenient and cost-effective postal services to agencies

and individuals.

Total Funds

$160,593

Non-State Funds

$151,000

Agency Funds

$91,849

Other Non-State Funds

$59,151

State Funds

$9,593

State General Funds

$9,593

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

MONDAY, MARCH 14, 2005

2433

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 12: Agriculture, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers

$86,363,424 $45,523,423
$7,063,885 $1,657,042 $40,840,001 $40,840,001
$0

CONSUMER PROTECTION The purpose is to prevent, control and eradicate communicable diseases of livestock.
Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified State Funds State General Funds

certain

infectious and
$28,326,123 $7,561,782 $591,257 $6,970,525
$20,764,341 $20,764,341

DEPARTMENTAL ADMINISTRATION

The purpose is to provide administrative support for all programs of the department.

Total Funds

$6,241,844

Non-State Funds

$285,964

Agency Funds

$211,680

Federal Funds Not Specifically Identified

$74,284

State Funds

$5,955,880

State General Funds

$5,955,880

MARKETING AND PROMOTION

The purpose is to expand sales of Georgia's commodities from growers by

promoting them domestically and internationally.

Total Funds

$8,727,570

Non-State Funds

$873,181

Agency Funds

$854,105

Federal Funds Not Specifically Identified

$19,076

State Funds

$7,854,389

State General Funds

$7,854,389

PAYMENTS TO ATHENS AND TIFTON VETERINARY

2434

JOURNAL OF THE HOUSE

The purpose is to ensure the safety of our food supply and the health of animals

(production, equine and companion) within the State of Georgia.

Total Funds

$3,230,405

State Funds

$3,230,405

State General Funds

$3,230,405

POULTRY VETERINARY DIAGNOSTIC LABS

The purpose is to provide diagnostic and monitoring services to Georgia poultry

growers.

Total Funds

$3,034,986

State Funds

$3,034,986

State General Funds

$3,034,986

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 13: Banking and Finance, Department of Total Funds Non State Funds State Funds
State General Funds Intra-State Government Transfers

$47,767,566 $36,802,496 $10,965,070 $10,965,070
$0

CHARTERING, LICENSING AND APPLICATIONS/NON-MORTGAGE

ENTITIES

The purpose 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

$495,504

State Funds

$495,504

State General Funds

$495,504

CONSUMER PROTECTION AND ASSISTANCE

The purpose is to assist consumers with problems encountered when dealing with

department-regulated entities.

Total Funds

$515,920

State Funds

$515,920

State General Funds

$515,920

DEPARTMENTAL ADMINISTRATION

The purpose is to provide administrative support to all department programs.

Total Funds

$1,633,916

MONDAY, MARCH 14, 2005

2435

State Funds State General Funds

$1,633,916 $1,633,916

FINANCIAL INSTITUTION SUPERVISION

The purpose 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

$6,581,431

State Funds

$6,581,431

State General Funds

$6,581,431

MORTGAGE SUPERVISION

The purpose is to protect consumers from unfair, deceptive or fraudulent residential

mortgage lending practices and enforce applicable laws and regulations.

Total Funds

$1,738,299

State Funds

$1,738,299

State General Funds

$1,738,299

Section 14: Community Affairs, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds Other Non-State Funds Fed Transit Admin - Capital Investment Grants State Funds Tobacco Funds State General Funds Intra-State Government Transfers

$220,270,204 $141,257,900
$93,623,716 $10,831,688
$0 $0 $79,012,304 $47,123,333 $31,888,971 $0

APPALACHIAN REGIONAL COMMISSION ASSESSMENT Total Funds State Funds State General Funds

$163,000 $163,000 $163,000

BUILDING CONSTRUCTION

The purpose is to establish minimum building construction standards for all new

structures including mass-produced factory built (modular) buildings built in the

state.

Total Funds

$451,125

Non-State Funds

$171,722

Agency Funds

$171,722

State Funds

$279,403

2436

JOURNAL OF THE HOUSE

State General Funds

$279,403

COORDINATED PLANNING

The purpose is to give communities the information, assistance, tools and funding

needed to successfully implement planning and quality growth solutions to enhance

and fulfill the requirements of Coordinated Comprehensive Planning according to

the Georgia Planning Act of 1989.

Total Funds

$3,834,160

State Funds

$3,834,160

State General Funds

$3,834,160

DEPARTMENTAL ADMINISTRATION

The purpose is to provide administrative support for all programs of the department.

Total Funds

$4,272,686

Non-State Funds

$2,556,441

Agency Funds

$2,476,773

Federal Funds Not Specifically Identified

$79,668

State Funds

$1,716,245

State General Funds

$1,716,245

ENVIRONMENTAL EDUCATION AND ASSISTANCE

The purpose is to provide technical assistance, resource tools, and public education

outreach resources.

Total Funds

$973,896

State Funds

$973,896

State General Funds

$973,896

FEDERAL COMMUNITY AND ECONOMIC DEVELOPMENT

PROGRAMS

The purpose is to administer incentive programs and education programs as well as

provide technical assistance in the area of economic development to local

governments, development authorities, and private for-profit entities.

Total Funds

$38,453,134

Non-State Funds

$36,985,354

Federal Funds Not Specifically Identified

$36,985,354

State Funds

$1,467,780

State General Funds

$1,467,780

GEORGIA ADVOCACY COUNCIL FOR DISABLED PERSONS

The purpose is to provide funds for the Georgia Advocacy Council for Disabled

Persons.

Total Funds

$249,902

State Funds

$249,902

MONDAY, MARCH 14, 2005

2437

State General Funds

$249,902

HOMEOWNERSHIP PROGRAMS

The purpose is to expand the supply of standard affordable housing through

rehabilitation, construction and provide homeownership opportunities for low and

moderate income individuals.

Total Funds

$4,014,155

Non-State Funds

$4,014,155

Agency Funds

$4,014,155

LOCAL ASSISTANCE GRANTS

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.

Local Assistance Grants:

$5,000 to the City of Milledgeville for the Silver Haired Legislature.

$45,000 to the City of Columbus for the Civil War Naval Museum.

Total Funds

$50,000

State Funds

$50,000

State General Funds

$50,000

PAYMENTS TO GEORGIA ENVIRONMENTAL FACILITIES

AUTHORITY

The purpose is to provide funds for Georgia Environmental Facilities Authority for

the Georgia Rural Water Association.

Total Funds

$100,000

State Funds

$100,000

State General Funds

$100,000

PAYMENTS TO GEORGIA MEDICAL CENTER AUTHORITY

The purpose is to provide funds To the Georgia Medical Center Authority.

Total Funds

$250,000

State Funds

$250,000

State General Funds

$250,000

PAYMENTS TO GEORGIA MUSIC HALL OF FAME AUTHORITY

The purpose is to preserve Georgia's rich musical heritage.

Total Funds

$767,039

State Funds

$767,039

State General Funds

$767,039

PAYMENTS TO GEORGIA REGIONAL TRANSPORTATION AUTHORITY

2438

JOURNAL OF THE HOUSE

The purpose is to improve Georgia's mobility, air quality, and land use practices.

Total Funds

$4,360,581

State Funds

$4,360,581

State General Funds

$4,360,581

PAYMENTS TO GEORGIA SPORTS HALL OF FAME AUTHORITY

The purpose is to preserve and interpret the history of sports in Georgia.

Total Funds

$725,060

State Funds

$725,060

State General Funds

$725,060

PAYMENTS TO ONEGEORGIA AUTHORITY The purpose is to provide funds for the OneGeorgia Authority.
Total Funds State Funds
Tobacco Funds

$47,123,333 $47,123,333 $47,123,333

PAYMENTS TO THE STATE HOUSING TRUST FUND

The purpose is to provide temporary shelter, permanent housing, and essential

services to homeless individuals and households, and provide affordable housing to

persons with special needs.

Total Funds

$4,205,351

Non-State Funds

$1,172,459

Agency Funds

$1,172,459

State Funds

$3,032,892

State General Funds

$3,032,892

REGIONAL SERVICES

The purpose is to assist in the marketing, development, and implementation of

housing, community and economic development projects and services.

Total Funds

$1,571,517

State Funds

$1,571,517

State General Funds

$1,571,517

RENTAL HOUSING PROGRAMS

The purpose is to provide affordable rental housing to very low, low, and moderate-

income households by allocating federal and state housing tax credits on a

competitive basis and by providing subsidized housing through the Housing Choice

Program.

Total Funds

$62,831,215

Non-State Funds

$59,543,386

Agency Funds

$2,996,579

Federal Funds Not Specifically Identified

$56,546,807

MONDAY, MARCH 14, 2005

2439

State Funds State General Funds

$3,287,829 $3,287,829

RESEARCH AND SURVEYS

The purpose is to conduct surveys and collect financial/management data from local

governments and authorities as directed by statute.

Total Funds

$665,422

State Funds

$665,422

State General Funds

$665,422

STATE COMMUNITY DEVELOPMENT PROGRAMS

The purpose is to assist Georgia cities, small towns and neighborhoods in the

development of their core commercial areas and champion new development

opportunities for rural Georgia.

Total Funds

$4,690,051

State Funds

$4,690,051

State General Funds

$4,690,051

STATE ECONOMIC DEVELOPMENT PROGRAM

The purpose is to facilitate and stimulate economic activity, private investment, and

job creation by various means including making loans and grants.

Total Funds

$3,716,081

Non-State Funds

$11,887

Federal Funds Not Specifically Identified

$11,887

State Funds

$3,704,194

State General Funds

$3,704,194

If a local assistance grant 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 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.

Section 15: Community Health, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds

$9,414,974,717 $4,836,987,513
$186,952,633 $146,969,749

2440

JOURNAL OF THE HOUSE

Other Non-State Funds Medical Assistance Program State Children's Insurance Program Indigent Care Trust Fund - Hospital Contributions State Funds Tobacco Funds State General Funds Intra-State Government Transfers Health Insurance Payments Optional Medicaid Service Payments

$0 $4,135,217,187
$182,216,568 $148,828,880 $2,265,921,177 $58,087,386 $2,207,833,791 $2,312,066,027 $1,991,123,360 $320,942,667

COMPOSITE BOARD OF MEDICAL EXAMINERS

The purpose of this program is to ensure quality health care by licensing qualified

applicants as physicians, physician's assistants, physician residents in training, per

fusionists, respiratory care professionals, acupuncturists and auricular (ear)

detoxification specialists.

Total Funds

$2,035,705

State Funds

$2,035,705

State General Funds

$2,035,705

DEPARTMENTAL ADMINISTRATION AND PROGRAM SUPPORT

The purpose is to provide administrative support to all departmental programs.

Total Funds

$267,179,496

Non-State Funds

$186,442,710

Federal Funds Not Specifically Identified

$11,190,131

Medical Assistance Program

$167,416,208

State Children's Insurance Program

$7,836,371

State Funds

$62,201,048

State General Funds

$62,201,048

Intra-State Government Transfers

$18,535,738

Health Insurance Payments

$17,295,727

Optional Medicaid Services Payments

$1,240,011

HEALTH CARE ACCESS AND IMPROVEMENT

The purpose is to improve the health, wellness and access to healthcare for

Georgians.

Total Funds

$6,400,244

Non-State Funds

$513,693

Federal Funds Not Specifically Identified

$513,693

State Funds

$5,786,551

State General Funds

$5,786,551

Intra-State Government Transfers

$100,000

Optional Medicaid Services Payments

$100,000

MONDAY, MARCH 14, 2005

2441

INDIGENT CARE TRUST FUND The purpose is to expand Medicaid eligibility and services; support rural 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

$368,267,504

Non-State Funds

$368,267,504

Medical Assistance Program

$219,438,624

Indigent Care Trust Fund - Hospital Contributions

$148,828,880

MEDICAID: AGED, BLIND, AND DISABLED

The purpose is to provide health care access primarily to elderly and disabled

individuals.

Total Funds

$3,621,569,824

Non-State Funds

$2,420,761,977

Agency Funds

$91,726,671

Medical Assistance Program

$2,329,035,306

State Funds

$1,200,807,847

Tobacco Funds

$33,151,151

State General Funds

$1,167,656,696

MEDICAID: LOW-INCOME MEDICAID

The purpose is to provide healthcare access primarily to low-income individuals.

Total Funds

$2,598,902,010

Non-State Funds

$1,494,018,978

Agency Funds

$55,243,078

Federal Funds Not Specifically Identified

$167,416,207

Medical Assistance Program

$1,271,359,693

State Funds

$785,280,376

Tobacco Funds

$19,965,530

State General Funds

$765,314,846

Intra-State Government Transfers

$319,602,656

Optional Medicaid Services Payments

$319,602,656

MEDICAL EDUCATION BOARD, STATE

The purpose is to provide an adequate supply of physicians in rural areas of the

state; and to provide a program of aid to promising medical students who do not

have the financial means to attend medical school.

Total Funds

$1,352,788

2442

JOURNAL OF THE HOUSE

State Funds State General Funds

$1,352,788 $1,352,788

NURSING HOME PROVIDER FEES Total Funds Non-State Funds Medical Assistance Program State Funds State General Funds

$248,196,640 $147,967,356 $147,967,356 $100,229,284 $100,229,284

PEACHCARE

The purpose is to offer comprehensive health care to uninsured children living in

Georgia.

Total Funds

$252,462,125

Non-State Funds

$182,212,799

Federal Funds Not Specifically Identified

$7,832,602

State Children's Insurance Program

$174,380,197

State Funds

$70,249,326

Tobacco Funds

$4,970,705

State General Funds

$65,278,621

PHYSICIAN WORKFORCE, GEORGIA BOARD OF: BOARD

ADMINISTRATION

The purpose is to identify the physician workforce needs of Georgia communities

and to meet those needs through the support and development of medical education

programs.

Total Funds

$533,241

State Funds

$533,241

State General Funds

$533,241

PHYSICIAN WORKFORCE, GEORGIA BOARD OF: GRADUATE

MEDICAL EDUCATION

The purpose is to identify the physician workforce needs of Georgia communities

and to meet those needs through the support and development of medical education

programs.

Total Funds

$6,413,815

State Funds

$6,413,815

State General Funds

$6,413,815

PHYSICIAN WORKFORCE, GEORGIA BOARD OF: UNDERGRADUATE MEDICAL EDUCATION The purpose is to identify the physician workforce needs of Georgia communities and to meet those needs through the support and development of medical education programs.

MONDAY, MARCH 14, 2005

2443

Total Funds State Funds
State General Funds

$31,031,196 $31,031,196 $31,031,196

STATE HEALTH BENEFIT PLAN

The purpose is to provide to state employees 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 2006

shall not exceed 14.02%.

Total Funds

$1,973,827,633

Intra-State Government Transfers

$1,973,827,633

Health Insurance Payments

$1,973,827,633

Section 16: Corrections, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds Other Non-State Funds State Funds State General Funds Intra-State Government Transfers Indirect DOAS Funds

$991,952,169 $68,913,676 $10,854,830 $21,256,350 $0
$923,038,493 $923,038,493
$0 $0

BAINBRIDGE PROBATION SUBSTANCE ABUSE TREATMENT

The purpose is to provide a sanctioning option for probationers who require more

security and supervision than provided by regular community supervision.

Total Funds

$3,251,572

Non-State Funds

$27,789

Agency Funds

$7,046

Federal Funds Not Specifically Identified

$20,743

State Funds

$3,223,783

State General Funds

$3,223,783

COUNTY JAIL SUBSIDY

The purpose is to reimburse counties for the costs of incarcerating state prisoners in

their local facilities.

Total Funds

$11,604,999

Non-State Funds

$5,154,999

Federal Funds Not Specifically Identified

$5,154,999

State Funds

$6,450,000

State General Funds

$6,450,000

2444

JOURNAL OF THE HOUSE

DEPARTMENTAL ADMINISTRATION

The purpose is to protect and serve the citizens of Georgia by providing an effective

and efficient department that administers a balanced correctional system, which

reduces future criminal behavior.

Total Funds

$53,642,707

Non-State Funds

$2,173,887

Federal Funds Not Specifically Identified

$2,173,887

State Funds

$51,468,820

State General Funds

$51,468,820

DETENTION CENTERS

The purpose is to provide a sanctioning option for probationers who require more

security or supervision than provided by regular community supervision or a

diversion center, but may not qualify for a boot camp.

Total Funds

$43,234,261

Non-State Funds

$2,032,663

Agency Funds

$1,136,399

Federal Funds Not Specifically Identified

$896,264

State Funds

$41,201,598

State General Funds

$41,201,598

FOOD AND FARM OPERATIONS

The purpose is to raise crops and livestock, and produce dairy items used in

preparing meals for offenders.

Total Funds

$12,618,184

Non-State Funds

$216,725

Agency Funds

$194,725

Federal Funds Not Specifically Identified

$22,000

State Funds

$12,401,459

State General Funds

$12,401,459

HEALTH

The purpose 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

$159,386,141

Non-State Funds

$8,464,209

Agency Funds

$8,464,209

State Funds

$150,921,932

State General Funds

$150,921,932

OFFENDER MANAGEMENT The purpose is to provide cost effective correctional services that ensure public safety.

MONDAY, MARCH 14, 2005

2445

Total Funds State Funds
State General Funds

$44,664,256 $44,664,256 $44,664,256

PAROLE REVOCATION CENTERS The purpose is to provide a sanction for parole violations.
Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified State Funds State General Funds

$3,890,765 $59,648 $49,138 $10,510
$3,831,117 $3,831,117

PRIVATE PRISONS

The purpose is to provide cost effective correctional services that ensure public

safety.

Total Funds

$72,518,200

State Funds

$72,518,200

State General Funds

$72,518,200

PROBATION DIVERSION CENTERS

The purpose is to provide a residential sentencing option that allows offenders to

continue to work in the community while receiving close supervision from

corrections officials.

Total Funds

$20,486,780

Non-State Funds

$3,522,657

Agency Funds

$3,188,692

Federal Funds Not Specifically Identified

$333,965

State Funds

$16,964,123

State General Funds

$16,964,123

PROBATION SUPERVISION The purpose is to supervise probationers.
Total Funds State Funds
State General Funds

$68,553,092 $68,553,092 $68,553,092

STATE PRISONS

The purpose is to house violent or repeat criminals, or nonviolent inmates who have

exhausted all other forms of punishment.

Total Funds

$440,898,906

Non-State Funds

$10,349,398

Agency Funds

$8,216,141

2446

JOURNAL OF THE HOUSE

Federal Funds Not Specifically Identified State Funds
State General Funds

$2,133,257 $430,549,508 $430,549,508

TRANSITIONAL CENTERS

The purpose 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

$20,399,810

Non-State Funds

$109,205

Federal Funds Not Specifically Identified

$109,205

State Funds

$20,290,605

State General Funds

$20,290,605

Section 17: Defense, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers

$82,910,105 $74,557,091 $35,247,839
$2,506,756 $8,353,014 $8,353,014
$0

CIVIL SUPPORT

The purpose is to provide an all volunteer force to augment Georgia's organized

militia in the event of a federal force mobilization.

Total Funds

$9,016,036

Non-State Funds

$5,664,684

Federal Funds Not Specifically Identified

$5,664,684

State Funds

$3,351,352

State General Funds

$3,351,352

DEPARTMENTAL ADMINISTRATION

The purpose is to provide administration to the organized militia in the State of

Georgia.

Total Funds

$2,512,602

Non-State Funds

$240,122

Agency Funds

$138,791

Federal Funds Not Specifically Identified

$101,331

State Funds

$2,272,480

State General Funds

$2,272,480

FACILITIES MANAGEMENT

MONDAY, MARCH 14, 2005

2447

The purpose is to provide and maintain administrative, flight and training facilities

for the Ga. Air National Guard that enhance readiness and are aesthetically pleasing

within the community.

Total Funds

$34,103,732

Non-State Funds

$31,849,789

Agency Funds

$2,367,965

Federal Funds Not Specifically Identified

$29,481,824

State Funds

$2,253,943

State General Funds

$2,253,943

MILITARY READINESS

The purpose 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

$475,239

State Funds

$475,239

State General Funds

$475,239

Section 18: Early Care and Learning, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds State Funds Lottery Funds State General Funds Intra-State Government Transfers Other Intra-State Agency Payments

$420,660,485 $125,688,841
$88,865,436 $20,909
$294,101,498 $290,081,308
$4,020,190 $870,146 $870,146

CHILD CARE SERVICES

The purpose 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

$4,690,097

Non-State Funds

$669,907

Federal Funds Not Specifically Identified

$669,907

State Funds

$4,020,190

State General Funds

$4,020,190

NUTRITION

The purpose is to ensure that eligible children and adults receive USDA compliant

meals.

Total Funds

$88,000,835

2448

JOURNAL OF THE HOUSE

Non-State Funds Federal Funds Not Specifically Identified

$88,000,835 $88,000,835

PRE-KINDERGARTEN PROGRAM

The purpose is to provide funding for providers who operate the Pre-K program.

Total Funds

$290,296,911

Non-State Funds

$215,603

Agency Funds

$20,909

Federal Funds Not Specifically Identified

$194,694

State Funds

$290,081,308

Lottery Funds

$290,081,308

QUALITY INITIATIVES

The purpose is to explore new ideas and help implement innovative strategies that

focus on improving the quality of early education, child care, and nutrition for

Georgia's children and families.

Total Funds

$870,146

Intra-State Government Transfers

$870,146

Other Intra-State Government Payments

$870,146

Section 19: Economic Development, Department of Total Funds Non State Funds
Agency Funds Other Non-State Funds State Funds State General Funds Intra-State Government Transfers

$66,268,469 $36,822,740
$20,244 $0
$29,445,729 $29,445,729
$0

BUSINESS RECRUITMENT AND EXPANSION

The purpose is to provide assistance to local communities and to the state to recruit,

retain, and expand businesses in Georgia.

Total Funds

$6,783,664

State Funds

$6,783,664

State General Funds

$6,783,664

DEPARTMENTAL ADMINISTRATION

The purpose is to influence, affect, and enhance economic development in Georgia

and provide information to people and companies to promote the state.

Total Funds

$6,196,707

State Funds

$6,196,707

State General Funds

$6,196,707

MONDAY, MARCH 14, 2005

2449

FILM, MUSIC, AND VIDEO

The purpose 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

$1,012,337

State Funds

$1,012,337

State General Funds

$1,012,337

INTERNATIONAL RELATIONS AND TRADE

The purpose is to provide international trade opportunities through exports to

provide executive leadership for international relations and promote Georgia

products and companies to other nations.

Total Funds

$2,056,980

State Funds

$2,056,980

State General Funds

$2,056,980

OFFICE OF SCIENCE AND TECHNOLOGY BUSINESS DEVELOPMENT

The purpose is to lead in the recruitment, growth, and marketing of the life sciences

and technology industries in Georgia.

Total Funds

$1,563,914

State Funds

$1,563,914

State General Funds

$1,563,914

SMALL AND MINORITY BUSINESS DEVELOPMENT

The purpose is to provide guidance and support to agencies in maximizing access to

state business opportunities for small and minority businesses.

Total Funds

$944,398

Non-State Funds

$20,244

Agency Funds

$20,244

State Funds

$924,154

State General Funds

$924,154

TOURISM

The purpose is to provide information to visitors about tourism opportunities

throughout the state and encourage tourism expenditures.

Total Funds

$10,907,973

State Funds

$10,907,973

State General Funds

$10,907,973

Section 20: Education, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified

$7,628,506,423 $1,194,846,108 $1,115,652,305

2450

JOURNAL OF THE HOUSE

Other Non-State Funds State Funds
State General Funds Intra-State Government Transfers

$42,391,307 $6,433,660,315 $6,433,660,315
$0

ACADEMIC COACH

The purpose of this program is 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.

Total Funds

$3,399,132

State Funds

$3,399,132

State General Funds

$3,399,132

AGRICULTURAL EDUCATION

The purpose 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

$7,976,433

Non-State Funds

$576,577

Other Non-State Funds

$450,000

Federal Funds Not Specifically Identified

$126,577

State Funds

$7,399,856

State General Funds

$7,399,856

CENTRAL OFFICE

The purpose is to act as a service oriented agency supporting local school districts.

Total Funds

$77,098,822

Non-State Funds

$43,359,246

Other Non-State Funds

$6,899,025

Federal Funds Not Specifically Identified

$36,460,221

State Funds

$33,739,576

State General Funds

$33,739,576

CHARTER SCHOOLS

A charter school is a public school that operates according to the terms of a charter,

or contract, that has been approved by a local board of education and the State

Board of Education.

Total Funds

$7,588,656

Non-State Funds

$6,729,711

Federal Funds Not Specifically Identified

$6,729,711

State Funds

$858,945

State General Funds

$858,945

MONDAY, MARCH 14, 2005

2451

COMMUNITIES IN SCHOOLS

The purpose 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

$1,320,623

State Funds

$1,320,623

State General Funds

$1,320,623

CURRICULUM

The purpose is to provide a world-class curriculum that will drive both instruction

and assessment for Georgia's teachers and students.

Total Funds

$1,774,833

State Funds

$1,774,833

State General Funds

$1,774,833

FEDERAL PROGRAMS

The purpose of this program is to coordinate the development of policy, research,

and evaluation projects for the Department of Education.

Total Funds

$817,561,039

Non-State Funds

$817,561,039

Federal Funds Not Specifically Identified

$817,561,039

FOREIGN LANGUAGE

The purpose of this program is to enable all students to graduate from high school

fluent in one language other than English.

Total Funds

$1,590,857

State Funds

$1,590,857

State General Funds

$1,590,857

GEORGIA LEARNING RESOURCES SYSTEM

The purpose of this program is to provide training and resources to educators and

parents of students with disabilities through a network of 17 centers around the

state.

Total Funds

$5,117,573

Non-State Funds

$5,117,573

Federal Funds Not Specifically Identified

$5,117,573

GEORGIA VIRTUAL SCHOOL

The purpose of this program is to provide students enrollment in state funded

courses via the Internet or in any other manner not involving on-site interaction with

a teacher.

Total Funds

$1,385,000

State Funds

$1,385,000

State General Funds

$1,385,000

2452

JOURNAL OF THE HOUSE

GEORGIA YOUTH SCIENCE AND TECHNOLOGY

The purpose of this program is to increase interest and enthusiasm in science and

the technologies, particularly among elementary and middle school teachers and

students.

Total Funds

$689,203

State Funds

$689,203

State General Funds

$689,203

GOVERNOR'S HONORS PROGRAM

The purpose of this program is to provide intellectually gifted and artistically

talented high school students challenging and enriching educational opportunities

not usually available during the regular school year.

Total Funds

$1,416,743

State Funds

$1,416,743

State General Funds

$1,416,743

INFORMATION TECHNOLOGY SERVICES

The purpose is primarily responsible for the collection and reporting of accurate

data through the development and maintenance of web-enabled applications.

Total Funds

$7,616,550

State Funds

$7,616,550

State General Funds

$7,616,550

NATIONAL BOARD CERTIFICATION

The purpose of this program is to provide a regulatory system for certifying and

classifying professional employees in public schools.

Total Funds

$11,038,035

State Funds

$11,038,035

State General Funds

$11,038,035

NATIONAL SCIENCE CENTER AND FOUNDATION

The purpose of this program is to ignite and promote students' interest in

Mathematics and Sciences, to develop new ways to use technology in teaching, and

to deploy those methods in our schools.

Total Funds

$1,416,750

State Funds

$1,416,750

State General Funds

$1,416,750

NON QUALITY BASIC EDUCATION FORMULA GRANTS

The purpose of this program is to assure that sufficient funds are provided in order

for the State's public school students to receive an effective education.

Total Funds

$7,688,674

State Funds

$7,688,674

State General Funds

$7,688,674

MONDAY, MARCH 14, 2005

2453

NUTRITION

The purpose 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

$224,393,314

Non-State Funds

$188,375,722

Federal Funds Not Specifically Identified

$188,375,722

State Funds

$36,017,592

State General Funds

$36,017,592

PRESCHOOL HANDICAPPED

The purpose of this program is to provide early intervention so students with

disabilities will enter schools with the skills to succeed.

Total Funds

$23,962,102

State Funds

$23,962,102

State General Funds

$23,962,102

PRINCIPAL SUPPLEMENTS

The purpose of the program is to provide supplements to principals, the amount

being determined by multiplying the amount per weighted full-time equivalent

count by the weighted full-time equivalent count for each school.

Total Funds

$5,361,125

State Funds

$5,361,125

State General Funds

$5,361,125

QUALITY BASIC EDUCATION EQUALIZATION

This program provides money to local school systems after assessing an equity

breakdown of the Local Five Mill Share Program in order to narrow the gap (per

pupil) between school systems.

Total Funds

$371,657,510

State Funds

$371,657,510

State General Funds

$371,657,510

QUALITY BASIC EDUCATION LOCAL FIVE MILL SHARE

The state requires an 80/20 split of school systems. The state will pay 80% of QBE

Formula funded costs and local school systems are required to pay 20%. The Local

Five Mill Share is a required local effort and is based on five mills of tax on the

equalized adjusted property tax digest.

Total Funds

($1,333,177,652)

State Funds

($1,333,177,652)

State General Funds

($1,333,177,652)

QUALITY BASIC EDUCATION PROGRAM

2454

JOURNAL OF THE HOUSE

The purpose 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

$6,674,557,256

Non-State Funds

$4,357,916

Federal Funds Not Specifically Identified

$4,357,916

State Funds

$6,670,199,340

State General Funds

$6,670,199,340

REGIONAL EDUCATION SERVICE AGENCIES

The purpose 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

$11,448,822

State Funds

$11,448,822

State General Funds

$11,448,822

SCHOOL IMPROVEMENT

The purpose is to provide federal financial incentives for schools to develop

comprehensive school reforms, based on research and effective practices.

Total Funds

$11,736,228

Non-State Funds

$100,000

Other Non-State Funds

$100,000

State Funds

$11,636,228

State General Funds

$11,636,228

SCHOOL NURSES

The purpose of this program is to provide appropriate health procedures to allow

students to remain in school and increase opportunities for academic success.

Total Funds

$30,000,000

Non-State Funds

$30,000,000

Other Non-State Funds

$30,000,000

SEVERELY EMOTIONAL DISTURBED

The purpose is to provide statewide services to parents and educators of students

with disabilities.

Total Funds

$72,113,870

Non-State Funds

$7,724,112

Federal Funds Not Specifically Identified

$7,724,112

State Funds

$64,389,758

State General Funds

$64,389,758

STATE INTERAGENCY TRANSFERS

MONDAY, MARCH 14, 2005

2455

The purpose is to provide health insurance to retired teachers and non certified

personnel and to pass through funding via a contract.

Total Funds

$270,480,390

Non-State Funds

$18,888,697

Federal Funds Not Specifically Identified

$18,888,697

State Funds

$251,591,693

State General Funds

$251,591,693

STATE READING AND MATH

The purpose of the statewide K-3 Reading and Math Program is to provide schools

with funds to implement a research-based reading and/or math program.

Total Funds

$26,652,770

State Funds

$26,652,770

State General Funds

$26,652,770

STATE SCHOOLS

The purpose is to address the special needs of students who are blind, deaf and blind

or deaf with additional disabilities.

Total Funds

$19,764,568

Non-State Funds

$932,715

Other Non-State Funds

$932,715

State Funds

$18,831,853

State General Funds

$18,831,853

TECHNOLOGY/CAREER EDUCATION

The purpose is to equip students with academic, technical and leadership skills.

Total Funds

$40,647,947

Non-State Funds

$24,616,113

Other Non-State Funds

$4,009,567

Federal Funds Not Specifically Identified

$20,606,546

State Funds

$16,031,834

State General Funds

$16,031,834

TESTING

The purpose is to adopt a student assessment program consisting of instruments,

procedures, and policies necessary to implement the program.

Total Funds

$27,414,020

Non-State Funds

$9,704,191

Federal Funds Not Specifically Identified

$9,704,191

State Funds

$17,709,829

State General Funds

$17,709,829

TRANSPORTATION

2456

JOURNAL OF THE HOUSE

The purpose is to provide funds to school systems for the instruction of students in

grades K-12 to ensure that Georgia's students are academically prepared.

Total Funds

$158,353,875

State Funds

$158,353,875

State General Funds

$158,353,875

TUITION FOR MULTI-HANDICAPPED

The purpose of this program is to provide funds to assist school systems that have

multi-handicapped students. These funds are intended to assist systems in meeting

the high cost of private residential placements and to provide a continuum of

placements for such students as mandated by federal regulations.

Total Funds

$1,658,859

State Funds

$1,658,859

State General Funds

$1,658,859

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 21: Employees' Retirement System of Georgia Total Funds Non State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Government Transfers
Retirement Payments

$57,600,224 $37,031,245
$228,749 $3,711,997 $3,711,997 $16,856,982 $16,856,982

GEORGIA MILITARY PENSION FUND

The purpose is to provide retirement allowances and other benefits for members of

the Georgia National Guard.

Total Funds

$890,651

State Funds

$890,651

State General Funds

$890,651

PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM

The purpose 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

$2,821,346

State Funds

$2,821,346

State General Funds

$2,821,346

MONDAY, MARCH 14, 2005

2457

SYSTEM ADMINISTRATION

The purpose is to collect employee and employer contributions, invest the

accumulated funds, and disburse retirement benefits to members and beneficiaries.

Total Funds

$17,085,731

Non-State Funds

$228,749

Other Non-State Funds

$228,749

Intra-State Government Transfers

$16,856,982

Retirement Payments

$16,856,982

Section 22: Forestry Commission, State Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers

$74,975,238 $43,071,340
$825,587 $5,443,257 $31,903,898 $31,903,898
$0

COMMISSION ADMINISTRATION

The purpose 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

$3,941,977

Non-State Funds

$171,742

Agency Funds

$168,155

Federal Funds Not Specifically Identified

$3,587

State Funds

$3,770,235

State General Funds

$3,770,235

FOREST MANAGEMENT

The purpose is to survey 20% of permanently established forest survey plots

annually to gather forest health and inventory data.

Total Funds

$3,804,212

Non-State Funds

$1,179,500

Agency Funds

$627,500

Federal Funds Not Specifically Identified

$552,000

State Funds

$2,624,712

State General Funds

$2,624,712

FOREST PROTECTION The purpose is to protect the public and forest resources.
Total Funds Non-State Funds

$28,451,721 $2,876,611

2458

JOURNAL OF THE HOUSE

Agency Funds Federal Funds Not Specifically Identified State Funds State General Funds

$2,676,611 $200,000
$25,575,110 $25,575,110

TREE IMPROVEMENT

The purpose is to provide quality, forest tree planting stock to Georgia landowners

at reasonable prices without reliance on legislative appropriations.

Total Funds

$119,123

State Funds

$119,123

State General Funds

$119,123

TREE SEEDLING NURSERY

The purpose is to provide quality, forest tree planting stock to Georgia landowners

at reasonable prices without reliance on legislative appropriations.

Total Funds

$1,855,709

Non-State Funds

$2,040,991

Agency Funds

$1,970,991

Federal Funds Not Specifically Identified

$70,000

State Funds

($185,282)

State General Funds

($185,282)

Section 23: Governor, Office of the Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds Other Non-State Funds State Funds Tobacco Funds State General Funds Intra-State Government Transfers

$94,358,103 $43,352,935
$5,549,050 $890,545 $110,844
$51,005,168 $10,482,554 $40,522,614
$0

ARTS, GEORGIA COUNCIL FOR THE

The purpose is to provide general operation support and project support grants for

art organizations.

Total Funds

$4,625,609

Non-State Funds

$725,369

Agency Funds

$15,000

Other Non-State Funds

$60,844

Federal Funds Not Specifically Identified

$649,525

State Funds

$3,900,240

State General Funds

$3,900,240

MONDAY, MARCH 14, 2005

2459

CHILD ADVOCATE, OFFICE OF THE

The purpose is to provide independent oversight of persons, organizations, and

agencies.

Total Funds

$715,545

State Funds

$715,545

State General Funds

$715,545

CONSUMER AFFAIRS, GOVERNOR'S OFFICE OF

The Office of Consumer Affairs protects consumers and legitimate business

enterprises from unfair and deceptive business practices through the enforcement of

the Fair Business Practices Act and other related consumer protection statutes.

Total Funds

$3,901,192

Non-State Funds

$617,689

Agency Funds

$567,689

Other Non-State Funds

$50,000

State Funds

$3,283,503

State General Funds

$3,283,503

EMERGENCY MANAGEMENT AGENCY, GEORGIA

The purpose is to provide a comprehensive and aggressive emergency preparedness,

response, and recovery program for the citizens of Georgia in order to save lives,

protect property, and reduce the effects of disasters.

Total Funds

$6,421,874

Non-State Funds

$4,434,503

Agency Funds

$307,856

Federal Funds Not Specifically Identified

$4,126,647

State Funds

$1,987,371

State General Funds

$1,987,371

EQUAL OPPORTUNITY, GEORGIA COMMISSION ON

The purpose is to enforce the Georgia Fair Employment Practices Act of 1978, as

amended, and the Fair Housing Act which makes it unlawful for discrimination

against any individual.

Total Funds

$1,082,203

Non-State Funds

$387,217

Federal Funds Not Specifically Identified

$387,217

State Funds

$694,986

State General Funds

$694,986

GOVERNOR'S EMERGENCY FUND

The purpose is to provide emergency funds to draw on when disasters create

extraordinary demands on government.

Total Funds

$3,469,576

2460

JOURNAL OF THE HOUSE

State Funds State General Funds

$3,469,576 $3,469,576

GOVERNOR'S OFFICE

The purpose is to provide numerous duties including, but not limited to: granting

commissions, appointments and vacancies, maintaining order, and temporary

transfer of institutions between departments or agencies.

Total Funds

$5,051,382

State Funds

$5,051,382

State General Funds

$5,051,382

OFFICE OF HOMELAND SECURITY

Per Executive Order, the purpose is to lead and direct the preparation, employment

and management of state resources to safeguard Georgia and its citizens against

threats or acts of terrorism and natural disasters.

Total Funds

$667,149

State Funds

$667,149

State General Funds

$667,149

OFFICE OF THE STATE INSPECTOR GENERAL

Per Executive Order, the purpose is to foster and promote accountability and

integrity in state government by fraud, waste and abuse.

Total Funds

$790,763

State Funds

$790,763

State General Funds

$790,763

PAYMENTS TO THE GEORGIA CANCER COALITION

This program functions as a pass through program for the monies awarded to the

state from the Tobacco Settlement and are provided to the Cancer Coalition for

ongoing research and preventative measures.

Total Funds

$10,482,554

State Funds

$10,482,554

Tobacco Funds

$10,482,554

PLANNING AND BUDGET - ATTACHED AGENCY The purpose is to provide administration services to various agencies.
Total Funds State Funds
State General Funds

$5,758,785 $5,758,785 $5,758,785

PLANNING AND BUDGET - BUDGET MANAGEMENT AND FISCAL POLICY The purpose is to supply budgeting, policy management and revenue forecasting for

MONDAY, MARCH 14, 2005

2461

the Office of the Governor. Total Funds State Funds State General Funds

$2,331,824 $2,331,824 $2,331,824

PLANNING AND BUDGET - OFFICE ADMINISTRATION

The purpose is to provide the governor with policymaking assistance in determining

strategic and tactical plans for state agencies.

Total Funds

$1,512,779

State Funds

$1,512,779

State General Funds

$1,512,779

PLANNING AND BUDGET - PLANNING AND EVALUATION

The purpose is to provide capital budget planning and review and to provide

strategic and business planning services to the Office of the Governor.

Total Funds

$899,456

State Funds

$899,456

State General Funds

$899,456

PLANNING AND BUDGET - RESEARCH AND MANAGEMENT

The purpose is to provide policy and program research for the Office of the

Governor and to manage state Clearinghouse function and provide the Office of

Planning and Budget database and technical support.

Total Funds

$1,749,029

State Funds

$1,749,029

State General Funds

$1,749,029

PROFESSIONAL STANDARDS COMMISSION, GEORGIA

The purpose is to direct the preparation, certification, professional discipline and

recruitment of educators in Georgia.

Total Funds

$6,693,632

Non-State Funds

$118,320

Federal Funds Not Specifically Identified

$118,320

State Funds

$6,575,312

State General Funds

$6,575,312

STUDENT ACHIEVEMENT, OFFICE OF

The purpose is to improve student achievement and school completion in Georgia.

Total Funds

$1,402,255

Non-State Funds

$267,341

Federal Funds Not Specifically Identified

$267,341

State Funds

$1,134,914

State General Funds

$1,134,914

2462

JOURNAL OF THE HOUSE

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 24: Human Resources, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds Other Non-State Funds Temporary Assistance for Needy Families Block Social Services Block Grant Child Care and Development Block Grant Foster Care Title IV-E Maternal/Child Health Services Block Grant Preventive Health/Health Services Block Block Grants for Community Mental Hlth Svc Block Grants for Prev/Trtmt of Substance Abuse Community Services Block Grant Low-Income Home Energy Assistance TANF - Block Grant Unobligated Balance TANF - Transfers to Social Services Block Grant TANF - Transfers to Child Care Development Fund State Funds Tobacco Funds Other State Funds State General Funds Intra-State Government Transfers Indirect DOAS Funds

$2,765,048,128 $1,395,835,989
$516,897,391 $178,072,631 $20,122,530 $301,522,471 $50,183,224 $74,026,303 $66,740,935
$17,348,033 $4,203,960
$12,840,422 $50,960,438 $17,185,183 $18,929,972 $30,000,000 $36,802,496 $29,700,000 $1,369,212,139 $35,033,479
$3,003,900 $1,331,174,760
$0 $0

ADOLESCENT HEALTH AND YOUTH DEVELOPMENT

The purpose is to prevent teenage pregnancy and out-of-wedlock births and promote

male responsibility.

Total Funds

$22,742,301

Non-State Funds

$19,800,711

Federal Funds Not Specifically Identified

$18,869

Temporary Assistance for Needy Families Block Grant

$18,738,374

Maternal and Child Health Services Block Grant

$1,043,468

State Funds

$2,941,590

State General Funds

$2,941,590

ADOPTION SERVICES AND SUPPLEMENTS The purpose is to support and facilitate the permanent placement of children in safe and stable homes by providing financial assistance and supportive services.

MONDAY, MARCH 14, 2005

2463

Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified Temporary Assistance for Needy Families Block Grant Foster Care Title IV-E State Funds State General Funds

$53,938,718 $26,121,145
$561,732 $1,629
$4,300,000 $21,257,784 $27,817,573 $27,817,573

ADULT PROTECTIVE SERVICES

The purpose 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

$17,093,363

Non-State Funds

$8,931,023

Federal Funds Not Specifically Identified

$6,431,023

Temporary Assistance for Needy Families Block Grant

$2,500,000

Transfers to Social Services Block Grant

State Funds

$8,162,340

State General Funds

$8,162,340

BRAIN AND SPINAL INJURY TRUST FUND

The purpose is to provide disbursements from the Trust Fund to offset the costs of

care and rehabilitative services to citizens of the state who have survived brain or

spinal cord injuries.

Total Funds

$3,000,000

State Funds

$3,000,000

Other State Funds

$3,000,000

CANCER SCREENING AND PREVENTION

The purpose is to reduce the morbidity and mortality from breast or cervical cancer.

Total Funds

$6,003,208

State Funds

$6,003,208

Tobacco Funds

$2,473,740

State General Funds

$3,529,468

CHILD CARE AND PARENT SERVICES

The purpose is to permit low income families to be self-reliant while protecting the

safety and well-being of their children by ensuring access to child care.

Total Funds

$243,321,700

Non-State Funds

$181,706,279

Agency Funds

$832,728

Federal Funds Not Specifically Identified

$32,577,590

Temporary Assistance for Needy Families Block Grant

$44,569,658

2464

JOURNAL OF THE HOUSE

Child Care and Development Block Grant Temporary Assistance for Needy Families Block Grant Transfers to Child Care Development Fund State Funds State General Funds

$74,026,303 $29,700,000
$61,615,421 $61,615,421

CHILD FATALITY REVIEW PANEL

The purpose 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

$332,125

State Funds

$332,125

State General Funds

$332,125

CHILD PROTECTIVE SERVICES

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

$172,568,784

Non-State Funds

$110,883,613

Agency Funds

$13,490,604

Federal Funds Not Specifically Identified

$66,261,128

Foster Care Title IV-E

$13,431,881

Temporary Assistance for Needy Families Block Grant

$17,700,000

Transfers to Social Services Block Grant

State Funds

$61,685,171

Tobacco Funds

$2,069,048

State General Funds

$59,616,123

CHILD SUPPORT ESTABLISHMENT COLLECTION AND

ENFORCEMENT

The purpose is to enforce parental responsibility by paying financial support.

Total Funds

$67,664,984

Non-State Funds

$52,179,690

Agency Funds

$9,060,828

Federal Funds Not Specifically Identified

$43,118,862

State Funds

$15,485,294

State General Funds

$15,485,294

CHILDREN WITH SPECIAL NEEDS

The purpose is to promote the optimal functioning of infants and toddlers with

developmental delays or disabilities.

Total Funds

$31,303,458

Non-State Funds

$10,071,421

MONDAY, MARCH 14, 2005

2465

Federal Funds Not Specifically Identified Maternal and Child Health Services Block Grant Preventive Health and Health Services Block Grant State Funds State General Funds

$2,725,216 $7,292,025
$54,180 $21,232,037 $21,232,037

CHILDREN'S TRUST FUND COMMISSION

The purpose is to support the establishment of community-based educational and

service programs designed to reduce the occurrence of child abuse and neglect.

Total Funds

$6,930,886

State Funds

$6,930,886

Tobacco Funds

$1,272,170

State General Funds

$5,658,716

CHRONIC DISEASE REDUCTION - HEALTH PROMOTION

The purpose is to provide education and health promotion related to chronic

diseases.

Total Funds

$1,691,704

State Funds

$1,691,704

Tobacco Funds

$1,340,644

State General Funds

$351,060

CHRONIC DISEASE TREATMENT AND CONTROL

The purpose is to reduce the morbidity and mortality of cancer among low-income

uninsured or underinsured Georgians.

Total Funds

$9,319,006

Non-State Funds

$1,210,877

Preventive Health and Health Services Block Grant

$1,210,877

State Funds

$8,108,129

Tobacco Funds

$3,547,455

State General Funds

$4,560,674

COMMUNITY CARE SERVICES PROGRAM

The purpose is to provide Georgians who need nursing home level of care the

option of remaining in their own communities.

Total Funds

$60,352,502

Non-State Funds

$9,894,202

Federal Funds Not Specifically Identified

$9,894,202

State Funds

$50,458,300

Tobacco Funds

$4,191,806

State General Funds

$46,266,494

COMMUNITY SERVICES - ADULT

2466

JOURNAL OF THE HOUSE

The purpose is to promote improved functioning, living independently in the

community as well as avoiding hospitalization from alcohol and other substance

abuse.

Total Funds

$403,483,003

Non-State Funds

$94,523,502

Federal Funds Not Specifically Identified

$11,736,899

Temporary Assistance for Needy Families Block Grant

$26,016,392

Social Services Block Grant

$17,179,024

Community Mental Health Services Block Grant

$5,273,256

Prevention and Treatment of Substance Abuse Block Grant $26,315,435

Temporary Assistance for Needy Families Block Grant

$8,002,496

Transfers to Social Services Block Grant

State Funds

$308,959,501

Tobacco Funds

$10,255,138

State General Funds

$298,704,363

COMMUNITY SERVICES - CHILD AND ADOLESCENT

The purpose 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

$111,561,866

Non-State Funds

$34,062,622

Agency Funds

$2

Federal Funds Not Specifically Identified

$3,099,615

Social Services Block Grant

$8,942,927

Community Mental Health Services Block Grant

$7,567,166

Prevention and Treatment of Substance Abuse Block Grant $14,452,912

State General Funds

$77,499,244

CONTRACTED CLIENT TRANSPORTATION SERVICES

The purpose is to provide essential transportation services in a safe efficient,

responsive manner.

Total Funds

$19,382,843

Non-State Funds

$15,211,456

Federal Funds Not Specifically Identified

$6,744,243

Temporary Assistance for Needy Families Block Grant

$8,467,213

State Funds

$4,171,387

State General Funds

$4,171,387

COUNCIL ON AGING The purpose is to assist older individuals, at-risk adults, persons with disabilities, their families and caregivers in achieving safe, healthy, independent and self-reliant lives.

MONDAY, MARCH 14, 2005

2467

Total Funds State Funds
State General Funds

$148,879 $148,879 $148,879

DEPARTMENTAL ADMINISTRATION

The purpose is to provide administration and support for the Divisions and

Operating Office.

Total Funds

$170,728,425

Non-State Funds

$85,717,474

Agency Funds

$5,872,044

Federal Funds Not Specifically Identified

$67,918,362

Temporary Assistance for Needy Families Block Grant

$9,603,339

Social Services Block Grant

$1,946,102

Preventive Health and Health Services Block Grant

$31,070

Low-Income Home Energy Assistance

$346,557

State Funds

$85,010,951

Tobacco Funds

$582,713

Other State Funds

$3,900

State General Funds

$84,424,338

DEVELOPMENTAL DISABILITIES, GOVERNOR'S COUNCIL ON

The purpose is to promote quality services and support for people with

developmental disabilities and their families.

Total Funds

$2,276,986

Non-State Funds

$2,248,221

Federal Funds Not Specifically Identified

$2,248,221

State Funds

$28,765

State General Funds

$28,765

ELDER ABUSE AND FRAUD PREVENTION

The purpose 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

EMERGENCY PREPAREDNESS/BIOTERRORISM

The purpose is to prevent, detect, investigate, and respond to bioterrorism,

terrorism, and other public health emergencies.

Total Funds

$2,566,602

State Funds

$2,566,602

2468

JOURNAL OF THE HOUSE

State General Funds

$2,566,602

ENERGY ASSISTANCE

The purpose is to assist low-income households in meeting their immediate home

energy needs.

Total Funds

$19,367,504

Non-State Funds

$18,623,962

Agency Funds

$40,269

Federal Funds Not Specifically Identified

$278

Low-Income Home Energy Assistance

$18,583,415

State Funds

$743,542

State General Funds

$743,542

EPIDEMIOLOGY

The purpose is to monitor, investigate, and describe the burden of disease, injury,

and other events of public health concern in Georgia.

Total Funds

$5,065,009

Non-State Funds

$368,885

Federal Funds Not Specifically Identified

$172,135

Preventive Health and Health Services Block Grant

$196,750

State Funds

$4,696,124

Tobacco Funds

$115,637

State General Funds

$4,580,487

FAMILY CONNECTION

The purpose is to provide a statewide network of county collaboratives that work to

improve conditions for children and families.

Total Funds

$10,605,141

Non-State Funds

$1,475,000

Federal Funds Not Specifically Identified

$275,000

Temporary Assistance for Needy Families Block Grant

$1,200,000

State Funds

$9,130,141

State General Funds

$9,130,141

FAMILY VIOLENCE SERVICES

The purpose is to provide safe shelter and related services for victims of family

violence and their dependents.

Total Funds

$8,248,260

Non-State Funds

$3,849,398

Agency Funds

$3,617

Federal Funds Not Specifically Identified

$90

Temporary Assistance for Needy Families Block Grant

$3,565,244

Foster Care Title IV-E

$280,447

MONDAY, MARCH 14, 2005

2469

State Funds State General Funds

$4,398,862 $4,398,862

FOOD STAMP PROGRAM

The purpose is to promote the nutritional well being of Georgia's low-income

families and children.

Total Funds

$53,016,507

Non-State Funds

$29,685,970

Agency Funds

$2,125,153

Federal Funds Not Specifically Identified

$25,655,876

Foster Care Title IV-E

$1,904,941

State Funds

$23,330,537

State General Funds

$23,330,537

HEALTH PROMOTION AND DISEASE PREVENTION (WELLNESS)

The purpose is to improve or maintain the functional ability and health status of

elderly Georgians.

Total Funds

$480,015

Non-State Funds

$480,015

Federal Funds Not Specifically Identified

$480,015

HIGH RISK PREGNANT WOMEN AND INFANTS

The purpose is to ensure that low income pregnant women receive comprehensive,

quality, prenatal services as early as possible in their pregnancy.

Total Funds

$5,130,049

Non-State Funds

$130,000

Maternal and Child Health Services Block Grant

$130,000

State Funds

$5,000,049

State General Funds

$5,000,049

HIV/AIDS

The purpose is to provide treatment that addresses the unmet needs of Georgians

with HIV disease.

Total Funds

$24,864,002

Non-State Funds

$6,874,596

Federal Funds Not Specifically Identified

$6,790,730

Maternal and Child Health Services Block Grant

$83,866

State Funds

$17,989,406

Tobacco Funds

$1,226,667

State General Funds

$16,762,739

HOME AND COMMUNITY BASED SERVICES The purpose is to support and assist older Georgians so that they may live in their

2470

JOURNAL OF THE HOUSE

homes and communities. Total Funds Non-State Funds Federal Funds Not Specifically Identified Social Services Block Grant Temporary Assistance for Needy Families Block Grant Transfers to Social Services Block Grant State Funds Tobacco Funds State General Funds

$57,038,522 $33,581,082 $25,290,676
$3,290,406 $5,000,000
$23,457,440 $3,808,586 $19,648,854

IMMUNIZATION

The purpose is to provide immunization, consultation, training, assessment,

vaccines and technical assistance.

Total Funds

$17,775,784

Non-State Funds

$8,765,344

Federal Funds Not Specifically Identified

$1,298,886

Maternal and Child Health Services Block Grant

$6,762,746

Preventive Health and Health Services Block Grant

$703,712

State Funds

$9,010,440

State General Funds

$9,010,440

INDEPENDENT AND TRANSITIONAL LIVING SERVICES

The purpose is to provide a systematic approach for transitioning eligible youth in

foster care.

Total Funds

$4,444,153

Non-State Funds

$3,835,494

Agency Funds

$160,495

Federal Funds Not Specifically Identified

$1,593,618

Foster Care Title IV-E

$2,081,381

State Funds

$608,659

State General Funds

$608,659

INFANT AND CHILD HEALTH SERVICES

The purpose is to provide leadership and resources to communities to improve the

health and well being of infants and children and their families.

Total Funds

$22,434,352

Non-State Funds

$7,374,791

Agency Funds

$70,688

Federal Funds Not Specifically Identified

$5,564,019

Maternal and Child Health Services Block Grant

$1,370,688

Preventive Health and Health Services Block Grant

$369,396

State Funds

$15,059,561

MONDAY, MARCH 14, 2005

2471

Tobacco Funds State General Funds

$2,000,000 $13,059,561

INJURY PREVENTION

The purpose 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

$289,491

Non-State Funds

$119,736

Federal Funds Not Specifically Identified

$7,731

Preventive Health and Health Services Block Grant

$112,005

State Funds

$169,755

State General Funds

$169,755

LABORATORY SERVICES

The purpose 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

$10,867,563

Non-State Funds

$696,104

Agency Funds

$150,000

Federal Funds Not Specifically Identified

$546,104

State Funds

$10,171,459

State General Funds

$10,171,459

MEDICAID ELIGIBILITY DETERMINATION

The purpose is to promote access to health care for low income families, children,

and pregnant women.

Total Funds

$47,495,730

Non-State Funds

$23,201,326

Agency Funds

$1,709,341

Federal Funds Not Specifically Identified

$21,491,985

State Funds

$24,294,404

State General Funds

$24,294,404

OUT OF HOME CARE

The purpose is to provide safe and appropriate temporary substitute homes for

children.

Total Funds

$307,344,962

Non-State Funds

$158,543,385

Agency Funds

$32,925,589

Federal Funds Not Specifically Identified

$38,047,467

Temporary Assistance for Needy Families Block Grant

$49,292,799

2472

JOURNAL OF THE HOUSE

Social Services Block Grant Foster Care Title IV-E Temporary Assistance for Needy Families Block Grant Transfers to Social Services Block Grant State Funds State General Funds

$11,021,888 $23,655,642
$3,600,000
$148,801,577 $148,801,577

OUTDOOR THERAPEUTIC PROGRAM

The purpose is to promote positive changes in consumer's behavior in therapeutic

wilderness settings.

Total Funds

$4,234,911

Non-State Funds

$944,130

Agency Funds

$937,587

Federal Funds Not Specifically Identified

$6,543

State Funds

$3,290,781

State General Funds

$3,290,781

POST ADOPTION SERVICES

The purpose is for clarification of adoption policies, procedures, and provide

support services to adopting families.

Total Funds

$2,821,159

Non-State Funds

$941,145

Federal Funds Not Specifically Identified

$741

Foster Care Title IV-E

$940,404

State Funds

$1,880,014

State General Funds

$1,880,014

PRE-ADOPTION SERVICES

The purpose is to provide services that ensure the safe and appropriate placement of

adoptable children.

Total Funds

$5,391,635

Non-State Funds

$1,872,791

Federal Funds Not Specifically Identified

$435

Foster Care Title IV-E

$1,872,356

State Funds

$3,518,844

State General Funds

$3,518,844

REFUGEE HEALTH PROGRAM

The purpose is to provide interpretation, outreach, information, and referrals for

refugees who need health care.

Total Funds

$3,772,503

Non-State Funds

$118,018

Federal Funds Not Specifically Identified

$118,018

MONDAY, MARCH 14, 2005

2473

State Funds State General Funds

$3,654,485 $3,654,485

REFUGEE RESETTLEMENT

The purpose is to help refugees establish a new life that is founded on the dignity of

economic self-support.

Total Funds

$3,690,231

Non-State Funds

$3,183,890

Agency Funds

$80,538

Federal Funds Not Specifically Identified

$3,103,352

State Funds

$506,341

State General Funds

$506,341

REGULATORY COMPLIANCE

The purpose 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

$31,097,331

Non-State Funds

$8,736,600

Agency Funds

$515,075

Federal Funds Not Specifically Identified

$6,542,546

Maternal and Child Health Services Block Grant

$194,703

Preventive Health and Health Services Block Grant

$1,484,276

State Funds

$22,360,731

State General Funds

$22,360,731

SEXUALLY TRANSMITTED DISEASES TREATMENT AND CONTROL

The purpose is to prevent and reduce the spread of sexually transmitted diseases

through education, case reporting, health screening, partner notification, and

treatment.

Total Funds

$6,755,849

Non-State Funds

$2,291,662

Federal Funds Not Specifically Identified

$2,291,662

State Funds

$4,464,187

State General Funds

$4,464,187

STATE HOSPITAL FACILITIES

The purpose is to provide adult mental health services treatment, secure services,

forensic inpatient, and outpatient services.

Total Funds

$72,522,439

Non-State Funds

$8,614,793

Agency Funds

$2,888,413

Other Non-State Funds

$47,283

2474

JOURNAL OF THE HOUSE

Federal Funds Not Specifically Identified Prevention and Treatment of Substance Abuse Block Grant State Funds State General Funds

$5,679,094 $3
$63,907,646 $63,907,646

STATE HOSPITAL FACILITIES - DIRECT CARE AND SUPPORT

SERVICES

The purpose is to provide support and administration to state hospital facilities.

Total Funds

$148,005,850

Non-State Funds

$53,557,052

Agency Funds

$49,057,399

Federal Funds Not Specifically Identified

$4,499,653

State Funds

$94,448,798

State General Funds

$94,448,798

STATE HOSPITAL FACILITIES - OTHER CARE

The purpose is to provide inpatient psychiatric evaluation and treatment with an

emphasis on stabilization and planning.

Total Funds

$94,044,168

Non-State Funds

$53,444,894

Agency Funds

$53,257,253

Other Non-State Funds

$75,247

Federal Funds Not Specifically Identified

$112,394

State Funds

$40,599,274

State General Funds

$40,599,274

STATE HOSPITAL FACILITIES - SPECIALTY CARE

The purpose is to provide education and health promotion related to intentional and

unintentional injuries.

Total Funds

$3,050,696

Non-State Funds

$1,557,952

Agency Funds

$1,547,240

Federal Funds Not Specifically Identified

$10,712

State Funds

$1,492,744

State General Funds

$1,492,744

SUBSTANCE ABUSE PREVENTION

The purpose is to promote the health and well-being of families and communities

through preventing the use and/or abuse of substances.

Total Funds

$12,174,338

Non-State Funds

$11,510,423

Agency Funds

$2

Federal Funds Not Specifically Identified

$318,333

MONDAY, MARCH 14, 2005

2475

Temporary Assistance for Needy Families Block Grant Prevention and Treatment of Substance Abuse Block Grant State Funds State General Funds

$1,000,000 $10,192,088
$663,915 $663,915

SUPPORT FOR NEEDY FAMILIES - ADMINISTRATION AND FAMILY

ASSISTANCE

The purpose is to supply block grants for temporary assistance for needy families.

Total Funds

$66,378,126

Non-State Funds

$49,630,534

Agency Funds

$2,786,034

Federal Funds Not Specifically Identified

$20,540,341

Social Services Block Grant

$7,802,877

Foster Care Title IV-E

$1,316,099

Community Services Block Grant

$17,185,183

State Funds

$16,747,592

State General Funds

$16,747,592

SUPPORT FOR NEEDY FAMILIES - BASIC ASSISTANCE

The purpose is to supply block grants for temporary assistance for needy families.

Total Funds

$133,310,929

Non-State Funds

$128,910,929

Other Non-State Funds

$20,000,000

Temporary Assistance for Needy Families Block Grant

$78,910,929

Temporary Assistance for Needy Families Block Grant

$30,000,000

Unobligated Balance

State Funds

$4,400,000

State General Funds

$4,400,000

SUPPORT FOR NEEDY FAMILIES - WORK ASSISTANCE

The purpose is to supply block grants for temporary assistance for needy families.

Total Funds

$80,000,000

Non-State Funds

$44,000,000

Temporary Assistance for Needy Families Block Grant

$44,000,000

State Funds

$36,000,000

State General Funds

$36,000,000

TOBACCO USE PREVENTION

The purpose 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

$2,211,034

State Funds

$2,211,034

2476

JOURNAL OF THE HOUSE

Tobacco Funds State General Funds

$2,149,875 $61,159

TUBERCULOSIS TREATMENT AND CONTROL

The purpose of the Georgia Tuberculosis Program is to control transmission,

prevent illness and ensure treatment of disease due to tuberculosis.

Total Funds

$9,003,365

Non-State Funds

$1,609,341

Federal Funds Not Specifically Identified

$1,609,341

State Funds

$7,394,024

State General Funds

$7,394,024

VITAL RECORDS

The purpose of this program is to register, code, enter, and archive all vital records

and associated documents (birth, death, fetal death, induced termination of

pregnancy, marriage).

Total Funds

$2,344,947

Non-State Funds

$286,246

Federal Funds Not Specifically Identified

$286,246

State Funds

$2,058,701

State General Funds

$2,058,701

WOMEN, INFANTS AND CHILDREN

The purpose is an adjunct to prenatal and postpartum care during critical periods of

growth.

Total Funds

$84,973,090

Non-State Funds

$84,973,090

Federal Funds Not Specifically Identified

$84,973,090

WOMEN'S HEALTH SERVICES

The purpose is to reduce unintended pregnancies and improve the health of women,

the partners, and infants.

Total Funds

$27,987,007

Non-State Funds

$19,089,786

Federal Funds Not Specifically Identified

$6,719,032

Temporary Assistance for Needy Families Block Grant

$11,858,523

Maternal and Child Health Services Block Grant

$470,537

Preventive Health and Health Services Block Grant

$41,694

State Funds

$8,897,221

State General Funds

$8,897,221

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

MONDAY, MARCH 14, 2005

2477

disorders community or to purchase insurance to provide this treatment and care, whichever is less. 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.

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.

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 25: Insurance, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers

$54,741,082 $37,844,113
$959,672 $81,945 $16,896,969 $16,896,969
$0

DEPARTMENTAL ADMINISTRATION

The purpose is to be responsible for protecting the rights of Georgia citizens in

insurance and industrial loan transactions and maintain a fire safe environment.

Total Funds

$2,248,721

2478

JOURNAL OF THE HOUSE

Non-State Funds Federal Funds Not Specifically Identified
State Funds State General Funds

$5,117 $5,117 $2,243,604 $2,243,604

ENFORCEMENT

The purpose 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

$756,803

State Funds

$756,803

State General Funds

$756,803

FIRE SAFETY

The purpose is to create a fire safe environment in the state that protects the public

from fire and limits the loss of life and property.

Total Funds

$5,976,416

Non-State Funds

$1,036,500

Agency Funds

$81,945

Federal Funds Not Specifically Identified

$954,555

State Funds

$4,939,916

State General Funds

$4,939,916

INDUSTRIAL LOAN

The purpose is to protect consumers by licensing, regulating and examining finance

companies that provide consumer loans of $3,000 or less.

Total Funds

$678,148

State Funds

$678,148

State General Funds

$678,148

INSURANCE REGULATION

The purpose is to ensure that licensed insurance entities maintain solvency, comply

with state law and adopt rules, regulations, and standards.

Total Funds

$5,476,988

State Funds

$5,476,988

State General Funds

$5,476,988

SPECIAL FRAUD

The purpose is to identify and take appropriate action to deter insurance fraud.

Total Funds

$2,801,510

State Funds

$2,801,510

State General Funds

$2,801,510

MONDAY, MARCH 14, 2005

2479

Section 26: Investigation, Georgia Bureau of Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers

$132,153,127 $70,304,578 $28,830,644 $4,671,438 $61,848,549 $61,848,549 $0

BUREAU ADMINISTRATION

The purpose is to provide the highest quality investigative, scientific, information

services, and resources for the purpose of maintaining law and order and protecting

life and property.

Total Funds

$9,807,308

Non-State Funds

$5,015

Federal Funds Not Specifically Identified

$5,015

State Funds

$9,802,293

State General Funds

$9,802,293

CENTRALIZED SCIENTIFIC SERVICES

The purpose is to provide analysis of illicit and licit drugs, unknown substances, and

fire debris evidence.

Total Funds

$12,460,701

State Funds

$12,460,701

State General Funds

$12,460,701

CRIMINAL JUSTICE COORDINATING COUNCIL

The purpose is to improve and coordinate criminal justice efforts throughout

Georgia and to help create safe and secure communities.

Total Funds

$33,815,696

Non-State Funds

$33,497,067

Agency Funds

$4,671,438

Federal Funds Not Specifically Identified

$28,825,629

State Funds

$318,629

State General Funds

$318,629

CRIMINAL JUSTICE INFORMATION SERVICES

The purpose is to provide fingerprint identification and processing of criminal

history source documents to create and update criminal history records.

Total Funds

$8,722,470

State Funds

$8,722,470

State General Funds

$8,722,470

2480

JOURNAL OF THE HOUSE

GEORGIA INFORMATION SHARING AND ANALYSIS CENTER

The purpose 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

$775,258

State Funds

$775,258

State General Funds

$775,258

REGIONAL FORENSIC SERVICES

The purpose is to provide pathology services to determine cause and manner of

death.

Total Funds

$7,040,106

State Funds

$7,040,106

State General Funds

$7,040,106

REGIONAL INVESTIGATIVE SERVICES

The purpose is to identify, collect, preserve, and process evidence located during

crime scene examinations.

Total Funds

$19,789,518

State Funds

$19,789,518

State General Funds

$19,789,518

SPECIAL OPERATIONS UNIT

Personnel respond on a statewide basis in order to render safe explosive devices of

all types. Members of the unit also assist in the identification, arrest and

prosecution of individuals.

Total Funds

$673,951

State Funds

$673,951

State General Funds

$673,951

STATE HEALTHCARE FRAUD UNIT

The purpose is to identify, arrest and prosecute providers of health care services

who defraud the Medicaid Program.

Total Funds

$1,092,276

State Funds

$1,092,276

State General Funds

$1,092,276

TASK FORCES

The purpose is to provide the GBI supervisory support to 12 federally funded multi-

jurisdictional drug task forces.

Total Funds

$1,173,347

State Funds

$1,173,347

State General Funds

$1,173,347

MONDAY, MARCH 14, 2005

2481

Section 27: Juvenile Justice, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds Other Non-State Funds State Funds State General Funds Intra-State Government Transfers Governor's Emergency Funds Indirect DOAS Funds

$341,376,599 $57,743,523 $2,570,056 $18,370,971 $0
$283,633,076 $283,633,076
$0 $0 $0

CHILDREN AND YOUTH COORDINATING COUNCIL

The purpose is to assist local communities in preventing and reducing juvenile

delinquency.

Total Funds

$3,059,658

Non-State Funds

$1,738,000

Federal Funds Not Specifically Identified

$1,738,000

State Funds

$1,321,658

State General Funds

$1,321,658

COMMUNITY SUPERVISION

The purpose is to protect the public, hold youth accountable for their actions, and

assist youth in becoming law-abiding citizens.

Total Funds

$41,050,899

Non-State Funds

$4,347,003

Agency Funds

$4,347,003

State Funds

$36,703,896

State General Funds

$36,703,896

DEPARTMENTAL ADMINISTRATION

The purpose is to protect and serve the citizens of Georgia by holding youthful

offenders accountable for their actions through the delivery of effective services in

appropriate settings.

Total Funds

$25,488,092

Non-State Funds

$198,219

Agency Funds

$198,219

State Funds

$25,289,873

State General Funds

$25,289,873

NON-SECURE COMMITMENT The purpose is to protect the public, hold youth accountable for their actions and assist youth in becoming law-abiding citizens by providing non-hardware secure

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community-based residential placement or services for committed youth.

Total Funds

$48,596,263

Non-State Funds

$10,002,619

Agency Funds

$10,002,619

State Funds

$38,593,644

State General Funds

$38,593,644

NON-SECURE DETENTION

The purpose is to protect the public and hold youth accountable for their actions by

providing temporary, non-secure, community-based placements and/or services for

lower-risk youth.

Total Funds

$7,954,669

State Funds

$7,954,669

State General Funds

$7,954,669

SECURE COMMITMENT (YDCS)

The purpose is to protect the public, hold youth accountable for their actions, and

assist juvenile offenders in becoming law-abiding citizens.

Total Funds

$88,745,239

Non-State Funds

$3,151,226

Agency Funds

$2,319,170

Federal Funds Not Specifically Identified

$832,056

State Funds

$85,594,013

State General Funds

$85,594,013

SECURE DETENTION (RYDCS)

The purpose is to protect the public and hold youth accountable for their actions by

providing temporary, secure, safe care, and supervision of high-risk youth.

Total Funds

$89,679,283

Non-State Funds

$1,503,960

Agency Funds

$1,503,960

State Funds

$88,175,323

State General Funds

$88,175,323

Section 28: Labor, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds Other Non-State Funds State Funds State General Funds Intra-State Government Transfers

$391,382,623 $340,387,180 $260,650,465 $42,884,219
$50,000 $50,995,443 $50,995,443
$0

MONDAY, MARCH 14, 2005

2483

Indirect DOAS Funds

$0

BUSINESS ENTERPRISE PROGRAM

The purpose is to assist people who are blind in becoming successful contributors to

the state's economy.

Total Funds

$1,645,524

Non-State Funds

$1,306,520

Federal Funds Not Specifically Identified

$1,306,520

State Funds

$339,004

State General Funds

$339,004

COMMISSION ON WOMEN

The purpose is to advance health, education, economic, social and legal status of

women in Georgia.

Total Funds

$93,172

State Funds

$93,172

State General Funds

$93,172

DEPARTMENT OF LABOR ADMINISTRATION

The purpose is to work with public and private partners in building a world-class

workforce system that contributes to Georgia's economic prosperity.

Total Funds

$14,999,480

Non-State Funds

$11,369,789

Federal Funds Not Specifically Identified

$11,369,789

State Funds

$3,629,691

State General Funds

$3,629,691

DISABILITY ADJUDICATION SECTION

The purpose 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

DIVISION OF REHABILITATION ADMINISTRATION

The purpose is to help people with disabilities to become fully productive members

of society by achieving independence and meaningful employment.

Total Funds

$4,023,795

Non-State Funds

$1,627,646

Other Non-State Funds

$50,000

Federal Funds Not Specifically Identified

$1,577,646

State Funds

$2,546,149

State General Funds

$2,546,149

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Intra-State Government Transfers Indirect DOAS Funding

($150,000) ($150,000)

GEORGIA INDUSTRIES FOR THE BLIND

The purpose is to employ people who are blind in manufacturing and packaging

facilities in Bainbridge and Griffin.

Total Funds

$11,788,946

Non-State Funds

$11,099,375

Agency Funds

$11,099,375

State Funds

$689,571

State General Funds

$689,571

LABOR MARKET INFORMATION

The purpose is to collect, analyze, and publish a wide array of information about the

state's labor market.

Total Funds

$2,921,144

Non-State Funds

$2,249,873

Federal Funds Not Specifically Identified

$2,249,873

State Funds

$671,271

State General Funds

$671,271

ROOSEVELT WARM SPRINGS INSTITUTE

The purpose is to empower individuals with disabilities to achieve personal

independence.

Total Funds

$30,348,983

Non-State Funds

$24,152,271

Agency Funds

$18,077,411

Federal Funds Not Specifically Identified

$6,074,860

State Funds

$6,121,712

State General Funds

$6,121,712

Intra-State Government Transfers

$75,000

Indirect DOAS Funding

$75,000

SAFETY INSPECTIONS

The purpose 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

$2,832,554

Non-State Funds

$168,552

Federal Funds Not Specifically Identified

$168,552

State Funds

$2,664,002

State General Funds

$2,664,002

MONDAY, MARCH 14, 2005

2485

UNEMPLOYMENT INSURANCE

The purpose is to enhance Georgia's economic strength by collecting unemployment

insurance taxes from Georgia's employers and distributing unemployment benefits

to eligible claimants.

Total Funds

$46,561,292

Non-State Funds

$36,506,512

Federal Funds Not Specifically Identified

$36,506,512

State Funds

$10,054,780

State General Funds

$10,054,780

VOCATIONAL REHABILITATION PROGRAM

The purpose is to assist people with disabilities so that they may go to work.

Total Funds

$85,896,006

Non-State Funds

$69,276,858

Agency Funds

$3,306,216

Federal Funds Not Specifically Identified

$65,970,642

State Funds

$16,544,148

State General Funds

$16,544,148

Intra-State Government Transfers

$75,000

Indirect DOAS Funding

$75,000

WORKFORCE DEVELOPMENT

The purpose is to assist employers and job seekers with job matching services and

to promote economic growth and development.

Total Funds

$98,028,810

Non-State Funds

$90,386,867

Agency Funds

$10,401,217

Federal Funds Not Specifically Identified

$79,985,650

State Funds

$7,641,943

State General Funds

$7,641,943

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.

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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 29: Law, Department of Total Funds Non State Funds State Funds
State General Funds Intra-State Government Transfers
Other Intra-State Agency Payments

$72,396,382 $36,802,496 $13,792,463 $13,792,463 $21,801,423 $21,801,423

LAW, DEPARTMENT OF

The purpose 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.

Total Funds

$35,593,886

State Funds

$13,792,463

State General Funds

$13,792,463

Intra-State Government Transfers

$21,801,423

Other Intra-State Government Payments

$21,801,423

Section 30: State Merit System of Personnel Administration

Total Funds

$50,240,331

Non State Funds

$36,834,960

Federal Funds Not Specifically Identified

$32,464

State Funds

$0

Other State Funds

$0

State General Funds

$0

Intra-State Government Transfers

$13,405,371

Other Intra-State Agency Payments

$13,405,371

RECRUITMENT AND STAFFING SERVICES

The purpose is to provide a central point of contact for the general public.

Total Funds

$1,291,351

Intra-State Government Transfers

$1,291,351

Other Intra-State Government Payments

$1,291,351

SYSTEM ADMINISTRATION The purpose is to provide administrative and technical support to the agency.

MONDAY, MARCH 14, 2005

2487

Total Funds Non-State Funds
Federal Funds Not Specifically Identified Intra-State Government Transfers
Other Intra-State Government Payments

$4,049,435 $32,464 $32,464
$4,016,971 $4,016,971

TOTAL COMPENSATION AND REWARDS

The purpose is to ensure fair and consistent employee compensation practices across

state agencies.

Total Funds

$4,955,876

Intra-State Government Transfers

$4,955,876

Other Intra-State Government Payments

$4,955,876

WORKFORCE DEVELOPMENT AND ALIGNMENT

The purpose is to provide continuous opportunities for state employees to grow and

develop professionally resulting in increased productivity for state agencies and

entities.

Total Funds

$3,141,173

Intra-State Government Transfers

$3,141,173

Other Intra-State Government Payments

$3,141,173

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 31: Motor Vehicle Safety, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds Other Non-State Funds State Funds State General Funds Intra-State Government Transfers Indirect DOAS Funds

$125,597,556 $47,396,924 $2,544,849 $7,196,898 $852,681 $78,200,632 $78,200,632 $0 $0

COMMERCIAL VEHICLE AND HOV ENFORCEMENT

The purpose is to enforce high occupancy vehicle lane regulations and commercial

vehicles.

Total Funds

$13,562,451

Non-State Funds

$9,693,893

Agency Funds

$7,196,898

Federal Funds Not Specifically Identified

$2,496,995

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State Funds State General Funds

$3,868,558 $3,868,558

DEPARTMENTAL ADMINISTRATION

The purpose is for administration of license issuance, motor vehicle registration, and

commercial truck compliance.

Total Funds

$5,168,957

Non-State Funds

$47,854

Federal Funds Not Specifically Identified

$47,854

State Funds

$5,121,103

State General Funds

$5,121,103

LICENSE ISSUANCE

The purpose is for the issuance of Georgia drivers license renewals through

alternative methods.

Total Funds

$42,346,991

Non-State Funds

$200,000

Other Non-State Funds

$200,000

State Funds

$42,146,991

State General Funds

$42,146,991

MOTORCYCLE SAFETY The purpose is to maintain and improve motorcycle safety.
Total Funds State Funds
State General Funds

$100,000 $100,000 $100,000

SALVAGE INSPECTION The purpose is for the inspection of rebuilt salvage vehicles.
Total Funds State Funds
State General Funds

$1,609,859 $1,609,859 $1,609,859

TAG AND TITLE REGISTRATION The purpose is to establish motor vehicle ownership.
Total Funds Non-State Funds
Other Non-State Funds State Funds
State General Funds

$26,006,802 $652,681 $652,681
$25,354,121 $25,354,121

Section 32: Natural Resources, Department of Total Funds

$236,730,358

MONDAY, MARCH 14, 2005

2489

Non State Funds Federal Funds Not Specifically Identified Agency Funds Other Non-State Funds
State Funds State General Funds
Intra-State Government Transfers Indirect DOAS Funds

$138,596,316 $20,863,133 $80,930,687 $0 $98,134,042 $98,134,042 $0 $0

CIVIL WAR COMMISSION

The purpose is to coordinate planning, preservation, and promotion of structures,

buildings, sites, and battlefields associated with the Civil War and to acquire or

provide funds for the acquisition of Civil War battlefields, cemeteries and other

historic properties associated with the Civil War.

Total Funds

$50,000

State Funds

$50,000

State General Funds

$50,000

COASTAL RESOURCES

The purpose is to balance economic development in Georgia's coastal zone with the

preservation of natural, environmental, historic, archaeological, and recreational

resources for the benefit of Georgia's present and future generations.

Total Funds

$2,394,548

Non-State Funds

$170,862

Federal Funds Not Specifically Identified

$170,862

State Funds

$2,223,686

State General Funds

$2,223,686

DEPARTMENTAL ADMINISTRATION

The purpose of the program is to provide administrative support for all programs of

the department

Total Funds

$8,718,915

Non-State Funds

$53,814

Federal Funds Not Specifically Identified

$53,814

State Funds

$8,665,101

State General Funds

$8,665,101

ENVIRONMENTAL PROTECTION

The purpose is to help provide Georgia's citizens with clean air, clean water, healthy

lives and productive land by assuring compliance with environmental laws and by

assisting others to do their part for a better environment.

Total Funds

$86,317,486

Non-State Funds

$60,109,698

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Agency Funds Federal Funds Not Specifically Identified State Funds State General Funds

$50,258,738 $9,850,960
$26,207,788 $26,207,788

GEORGIA STATE GAMES COMMISSION The purpose is to improve the physical fitness of Georgians.
Total Funds Non-State Funds
Agency Funds

$332,213 $332,213 $332,213

HAZARDOUS WASTE TRUST FUND Investigate and clean up abandoned hazardous sites.
Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified State Funds State General Funds

$8,173,850 $573,850 $500,000 $73,850
$7,600,000 $7,600,000

HISTORIC PRESERVATION

The purpose is to identify, protect and preserve Georgia's historical sites for the

enjoyment of present and future generations.

Total Funds

$2,449,060

Non-State Funds

$544,351

Federal Funds Not Specifically Identified

$544,351

State Funds

$1,904,709

State General Funds

$1,904,709

LAND CONSERVATION

The purpose is to provide a framework within which developed and rapidly

developing counties, and their municipalities, can preserve community green space.

Total Funds

$415,605

State Funds

$415,605

State General Funds

$415,605

PARKS, RECREATION AND HISTORIC SITES

The purpose is to increase the public awareness of the opportunities at the state

parks and historic sites throughout Georgia.

Total Funds

$38,964,911

Non-State Funds

$21,506,940

Agency Funds

$20,650,999

Federal Funds Not Specifically Identified

$855,941

MONDAY, MARCH 14, 2005

2491

State Funds State General Funds

$17,457,971 $17,457,971

PAYMENTS TO GEORGIA AGRICULTURAL EXPOSITION

AUTHORITY

The purpose is to showcase the state's agriculture and agribusiness, promote the

agricultural achievement of Georgia's young people, provide a center for diverse

activities, and stage and promote a statewide fair.

Total Funds

$1,601,265

State Funds

$1,601,265

State General Funds

$1,601,265

PAYMENTS TO GEORGIA AGRIRAMA DEVELOPMENT

The purpose 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

$820,163

State Funds

$820,163

State General Funds

$820,163

PAYMENTS TO SOUTHWEST GEORGIA RAILROAD EXCURSION

AUTHORITY

The purpose is to construct, finance, operate, and develop a rail passenger excursion

project utilizing any state owned railway in Crisp and Sumter counties and any

nearby county which may be included within the service area.

Total Funds

$371,964

State Funds

$371,964

State General Funds

$371,964

POLLUTION PREVENTION ASSISTANCE

The purpose is to reduce pollution by providing non-regulatory assistance.

Total Funds

$103,913

Non-State Funds

$103,913

Agency Funds

$103,913

SOLID WASTE TRUST FUND

Provides a funding source to administer the Scrap Tire Management Program,

enables emergency, preventative and corrective actions at solid waste disposal

facilities, and promotes statewide recycling and waste reduction programs.

Total Funds

$7,632,574

Non-State Funds

$6,132,574

Agency Funds

$6,132,574

State Funds

$1,500,000

State General Funds

$1,500,000

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WILDLIFE RESOURCES

The purpose is to regulate hunting, fishing, and the operation of watercraft in

Georgia, protect non-game and endangered wildlife, and maintain public education

and law enforcement programs.

Total Funds

$41,581,395

Non-State Funds

$12,265,605

Agency Funds

$2,952,250

Federal Funds Not Specifically Identified

$9,313,355

State Funds

$29,315,790

State General Funds

$29,315,790

Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.

Provided, that of the amount above for contracts, no more than $55,000 may be used for a common program of subsidizing mass transit fares to and from work for employees of state agencies and authorities, as authorized in O.C.G.A. 45-7-55, and if not for such purposes, then for other purposes within the object class. The subsidy may be limited to employees who live or work in the "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 33: Pardons and Paroles, State Board of Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds State General Funds Intra-State Government Transfers

$84,421,183 $36,902,496
$0 $100,000 $47,518,687 $47,518,687
$0

BOARD ADMINISTRATION The purpose is to provide administrative support for the agency.
Total Funds Non-State Funds
Other Non-State Funds

$4,304,686 $100,000 $100,000

MONDAY, MARCH 14, 2005

2493

State Funds State General Funds

$4,204,686 $4,204,686

CLEMENCY DECISIONS

The purpose is to investigate offenders when they enter the corrections system and

make determinations about offender eligibility for parole.

Total Funds

$9,805,874

State Funds

$9,805,874

State General Funds

$9,805,874

PAROLE SUPERVISION

The purpose is for transitioning offenders from prison back into the community as

productive, law abiding citizens.

Total Funds

$32,991,848

State Funds

$32,991,848

State General Funds

$32,991,848

VICTIM SERVICES

The purpose of this program is to provide notification to victims of changes in

offender status or placement, to conduct outreach and information gathering from

victim during clemency proceedings and generally to act as a liaison to victims for

the state corrections system.

Total Funds

$516,279

State Funds

$516,279

State General Funds

$516,279

Section 34: Public Safety, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers Indirect DOAS Funds Other Intra-State Agency Payments

$134,881,235 $41,607,197 $3,170,628 $1,634,073 $90,122,603 $90,122,603 $3,151,435 $0 $3,151,435

AVIATION

The purpose is to provide air support to the Georgia State Patrol and other state,

federal, and local agencies improving public safety for the citizens of Georgia.

Total Funds

$2,278,813

State Funds

$2,278,813

State General Funds

$2,278,813

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CAPITOL POLICE SERVICES

The purpose is to protect life and property; prevent and detect criminal acts, and

enforce traffic regulations throughout the Capitol.

Total Funds

$3,151,435

Intra-State Government Transfers

$3,151,435

Other Intra-State Government Payments

$3,151,435

DEPARTMENTAL ADMINISTRATION

The purpose is to work cooperatively with all levels of government to provide a safe

environment for residents and visitors to our state.

Total Funds

$11,365,858

Non-State Funds

$1,592

Federal Funds Not Specifically Identified

$1,592

State Funds

$11,364,266

State General Funds

$11,364,266

EXECUTIVE SECURITY SERVICES

The purpose 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

State Funds

$1,026,201

State General Funds

$1,026,201

FIELD OFFICES AND SERVICES

The purpose of 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

$57,205,349

State Funds

$57,205,349

State General Funds

$57,205,349

FIRE ACADEMY, GEORGIA The purpose is to provide professional training for firefighters.
Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified State Funds State General Funds

$1,145,407 $152,916 $152,680 $236 $992,491 $992,491

FIREFIGHTER STANDARDS AND TRAINING COUNCIL, GEORGIA The purpose is to provide minimum certification standards for all firefighters and

MONDAY, MARCH 14, 2005

2495

public safety professionals. Total Funds Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds

$551,139 $96 $96
$551,043 $551,043

HIGHWAY SAFETY, OFFICE OF

The purpose is to educate the public on highway safety issues and facilitate the

implementation of programs to reduce crashes, injuries and fatalities on Georgia

roadways.

Total Funds

$3,652,316

Non-State Funds

$3,167,049

Federal Funds Not Specifically Identified

$3,167,049

State Funds

$485,267

State General Funds

$485,267

PEACE OFFICER STANDARDS AND TRAINING COUNCIL, GEORGIA

The purpose is to provide the citizens of Georgia with qualified, professionally

trained, ethical and competent peace officers and criminal justice professionals.

Total Funds

$1,904,459

State Funds

$1,904,459

State General Funds

$1,904,459

POLICE ACADEMY, GEORGIA

The purpose 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

$1,240,721

Non-State Funds

$121,345

Agency Funds

$121,094

Federal Funds Not Specifically Identified

$251

State Funds

$1,119,376

State General Funds

$1,119,376

PUBLIC SAFETY TRAINING CENTER, GEORGIA

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

$10,227,640

Non-State Funds

$1,361,703

Agency Funds

$1,360,299

Federal Funds Not Specifically Identified

$1,404

2496

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State Funds State General Funds

$8,865,937 $8,865,937

SPECIALIZED COLLISION RECONSTRUCTION TEAM

The purpose is to provide a means by which fatal crashes can be investigated

thoroughly by specially trained investigators and properly document evidence in

collisions to be used for successful court prosecution.

Total Funds

$2,108,522

State Funds

$2,108,522

State General Funds

$2,108,522

TROOP J SPECIALTY UNITS

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.

Total Funds

$2,220,879

State Funds

$2,220,879

State General Funds

$2,220,879

Section 35: Public Service Commission Total Funds Non State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers

$45,246,039 $37,075,807
$273,311 $8,170,232 $8,170,232
$0

COMMISSION ADMINISTRATION

The purpose is to assist the Commissioners and staff in achieving the agency's

goals.

Total Funds

$1,328,165

State Funds

$1,328,165

State General Funds

$1,328,165

FACILITY PROTECTION

The purpose of this is to provide for the protection of the buried utility facility

infrastructure within the State of Georgia.

Total Funds

$938,475

Non-State Funds

$273,311

Federal Funds Not Specifically Identified

$273,311

State Funds

$665,164

State General Funds

$665,164

MONDAY, MARCH 14, 2005

2497

UTILITIES REGULATION

The purpose is to regulate intrastate telecommunications, natural gas, and electric

utilities.

Total Funds

$6,176,903

State Funds

$6,176,903

State General Funds

$6,176,903

Section 36: Regents, University System of Georgia Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds Other Non-State Funds Research Funds State Funds Tobacco Funds State General Funds Intra-State Government Transfers Indirect DOAS Funds

$4,501,713,690 $2,700,853,207
$2,509,208 $1,163,188,443
$14,567,804 $1,483,785,256 $1,800,860,483
$5,750,000 $1,795,110,483
$0 $0

ADVANCED TECHNOLOGY DEVELOPMENT CENTER/ECONOMIC

DEVELOPMENT INSTITUTE

The purpose of this is to provide strategic business advice and connect its member

companies to the people and resources they need to succeed.

Total Funds

$22,346,381

Non-State Funds

$13,493,757

Agency Funds

$13,493,757

State Funds

$8,852,624

State General Funds

$8,852,624

AGRICULTURAL EXPERIMENT STATION

The purpose is to improve production, processing, new product development, food

safety, storage and marketing to increase profitability and global competitiveness.

Total Funds

$70,827,228

Non-State Funds

$32,441,262

Agency Funds

$10,345,362

Other Non-State Funds

$95,900

Research Funds

$22,000,000

State Funds

$38,385,966

State General Funds

$38,385,966

ATHENS AND TIFTON VETERINARY LABORATORIES Ensure the safety of our food supply and the health of animals (production, equine

2498

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and companion) within the State of Georgia; Monitor for select diseases in

domestic animals and wildlife that are zoonotic and/or potential bioterrorism

weapons that could compromise animal and human safety and cripple the economy

of the state.

Total Funds

$4,695,512

Non-State Funds

$4,653,970

Research Funds

$4,653,970

State Funds

$41,542

State General Funds

$41,542

CENTER FOR ASSISTIVE TECHNOLOGY AND ENVIRONMENTAL

ACCESS

Supports individuals with disabilities of any age within the State of Georgia and

beyond through expert services, research, design and technological development,

information dissemination, educational programs.

Total Funds

$7,360,074

Non-State Funds

$7,358,994

Other Non-State Funds

$7,358,994

State Funds

$1,080

State General Funds

$1,080

COOPERATIVE EXTENSION SERVICE

The purpose is to enhance the quality of life for Georgia's citizens through service,

learning and the adaptation of research based information.

Total Funds

$54,507,185

Non-State Funds

$23,094,137

Agency Funds

$9,967,437

Other Non-State Funds

$126,700

Research Funds

$13,000,000

State Funds

$31,413,048

State General Funds

$31,413,048

FORESTRY COOPERATIVE EXTENSION

The purpose of this program is to provide conservation and sustainable management

of forests and other natural resources and to put into practice forestry and natural

resources knowledge.

Total Funds

$632,486

State Funds

$632,486

State General Funds

$632,486

FORESTRY RESEARCH The purpose of this program is to provide to sustain competitiveness of Georgia's forest products industry and private land owners through research and meet

MONDAY, MARCH 14, 2005

2499

environmental goals of sustainable forestry initiative. Total Funds State Funds State General Funds

$3,036,329 $3,036,329 $3,036,329

GEORGIA RADIATION THERAPY CENTER The purpose is to provide patient care and education.
Total Funds Non-State Funds
Other Non-State Funds

$3,625,810 $3,625,810 $3,625,810

GEORGIA TECH RESEARCH INSTITUTE

The purpose is to aid in the promotion of scientific, engineering, and industrial

research for the advancement of science, technology and education in Georgia.

Total Funds

$129,642,453

Non-State Funds

$122,917,958

Agency Funds

$53,689,616

Other Non-State Funds

$117,600

Research Funds

$69,110,742

State Funds

$6,724,495

State General Funds

$6,724,495

MARINE INSTITUTE

The purpose is to understand the processes that affect the condition of the salt marsh

and coastline.

Total Funds

$1,690,798

Non-State Funds

$767,633

Agency Funds

$67,633

Research Funds

$700,000

State Funds

$923,165

State General Funds

$923,165

MARINE RESOURCES EXTENSION CENTER

The purpose is to transfer technology, provide training, and conduct applied

research.

Total Funds

$2,601,750

Non-State Funds

$1,184,800

Agency Funds

$575,000

Other Non-State Funds

$9,800

Research Funds

$600,000

State Funds

$1,416,950

State General Funds

$1,416,950

2500

JOURNAL OF THE HOUSE

MEDICAL COLLEGE OF GEORGIA HOSPITAL AND CLINICS

The purpose is to care, teach, and refer clients.

Total Funds

$31,510,080

Non-State Funds

$193,500

Other Non-State Funds

$193,500

State Funds

$31,316,580

State General Funds

$31,316,580

OFFICE OF MINORITY BUSINESS ENTERPRISE

The purpose of this program is to provide assistance in the mitigation of factors that

place minority businesses in a disadvantaged position.

Total Funds

$886,985

State Funds

$886,985

State General Funds

$886,985

PAYMENTS TO GEORGIA MILITARY COLLEGE

The purpose is to provide a co-educational, accredited, liberal arts, junior college

that is open to qualified and highly motivated high school graduates who are

determined to earn a college degree.

Total Funds

$2,500,092

State Funds

$2,500,092

State General Funds

$2,500,092

PUBLIC LIBRARIES The purpose is to provide library services for Georgians.
Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds

$38,257,751 $2,509,208 $2,509,208
$35,748,543 $35,748,543

PUBLIC SERVICE / SPECIAL FUNDING INITIATIVES The purpose is to provide leadership, service, and education.
Total Funds State Funds
Tobacco Funds State General Funds

$27,626,349 $27,626,349 $5,000,000 $22,626,349

PUBLIC TELECOMMUNICATIONS COMMISSION, GEORGIA

The purpose is to create, produce and distribute high quality programs and services

that educate, inform and entertain our audiences and enrich the quality of their lives.

Total Funds

$31,178,349

Non-State Funds

$14,224,291

MONDAY, MARCH 14, 2005

2501

Agency Funds State Funds
State General Funds

$14,224,291 $16,954,058 $16,954,058

REGENTS CENTRAL OFFICE

The purpose is to provide administrative support to all colleges and universities in

the university system.

Total Funds

$7,264,505

State Funds

$7,264,505

State General Funds

$7,264,505

RESEARCH CONSORTIUM

The purpose is to conduct research to further industry in the State of Georgia.

Total Funds

$20,887,489

State Funds

$20,887,489

Tobacco Funds

$750,000

State General Funds

$20,137,489

SKIDAWAY INSTITUTE OF OCEANOGRAPHY

The purpose is to provide a center of excellence in marine and ocean science

research, which expands the body of knowledge on marine environments.

Total Funds

$7,144,536

Non-State Funds

$5,633,000

Agency Funds

$1,520,000

Research Funds

$4,113,000

State Funds

$1,511,536

State General Funds

$1,511,536

STUDENT EDUCATION ENRICHMENT PROGRAM

The purpose of this program is to provide underrepresented Georgia residents the

opportunity to acquire educational experiences.

Total Funds

$304,035

State Funds

$304,035

State General Funds

$304,035

TEACHING

The purpose 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

$3,986,058,060

Non-State Funds

$2,425,252,391

Agency Funds

$1,052,605,347

Other Non-State Funds

$3,039,500

Research Funds

$1,369,607,544

2502

JOURNAL OF THE HOUSE

State Funds State General Funds

$1,560,805,669 $1,560,805,669

VETERINARY MEDICINE EXPERIMENT STATION

The purpose is to coordinate and conduct research on animal disease problems of

present and potential concern to Georgia's livestock and poultry industries.

Total Funds

$3,148,784

State Funds

$3,148,784

State General Funds

$3,148,784

VETERINARY MEDICINE TEACHING HOSPITAL

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

$7,178,173

Non-State Funds

$6,700,000

Agency Funds

$6,700,000

State Funds

$478,173

State General Funds

$478,173

Section 37: Revenue, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds Other Non-State Funds State Funds Tobacco Funds State General Funds Intra-State Government Transfers Indirect DOAS Funds

$559,782,344 $44,848,930 $0 $8,046,434 $0
$514,933,414 $150,000
$514,783,414 $0 $0

CUSTOMER SERVICE

The purpose is to assure that all state revenue collection activities proceed in a

manner consistent with promoting voluntary compliance and the Taxpayer Bill of

Rights.

Total Funds

$11,749,607

Non-State Funds

$2,110,135

Agency Funds

$2,110,135

State Funds

$9,639,472

State General Funds

$9,639,472

DEPARTMENTAL ADMINISTRATION

MONDAY, MARCH 14, 2005

2503

The purpose is to administer and enforce the tax laws of the State of Georgia and

provide general support services to the operating programs of the Department of

Revenue.

Total Funds

$3,591,293

State Funds

$3,591,293

State General Funds

$3,591,293

GRANTS AND DISTRIBUTION

The purpose is to provide ad valorem tax relief to homeowners; to administer,

collect, and distribute all local sales taxes in Georgia; and to provide state retirement

benefits to local tax officials and their staffs.

Total Funds

$8,825,027

State Funds

$8,825,027

State General Funds

$8,825,027

HOMEOWNER TAX RELIEF GRANTS Total Funds State Funds State General Funds

$432,290,501 $432,290,501 $432,290,501

INDUSTRY REGULATION

The purpose is to provide regulation of the distribution, sale, and consumption of

alcoholic beverages, tobacco products and to ensure all coin operated amusement

machines are properly licensed and decaled.

Total Funds

$4,516,392

State Funds

$4,516,392

Tobacco Funds

$150,000

State General Funds

$4,366,392

REVENUE PROCESSING

The purpose is to ensure that all tax payments are received, credited, and deposited

according to sound business practices and the law, and to ensure that all tax returns

are reviewed and recorded to accurately update taxpayer information.

Total Funds

$31,461,605

Non-State Funds

$2,120,536

Agency Funds

$2,120,536

State Funds

$29,341,069

State General Funds

$29,341,069

STATE BOARD OF EQUALIZATION The purpose 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

2504

JOURNAL OF THE HOUSE

uniform with the values set on other classes of property throughout the state.

Total Funds

$5,000

State Funds

$5,000

State General Funds

$5,000

TAX COMPLIANCE

The purpose is to ensure that all taxpayers pay the correct amount of taxes owed

under the law.

Total Funds

$30,540,423

Non-State Funds

$3,815,763

Agency Funds

$3,815,763

State Funds

$26,724,660

State General Funds

$26,724,660

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 38: Secretary of State Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds Other Non-State Funds State Funds State General Funds Intra-State Government Transfers

$72,411,986 $38,297,717
$1,637 $1,064,350
$429,234 $34,114,269 $34,114,269
$0

ARCHIVES AND RECORDS

The Department is responsible for establishing policies and procedures for

managing State and Local Government records. The Department assists State

Agencies in adequately documenting their activities, administering their records

management programs, scheduling their records, and transferring their non-current

records to the State Records Center.

Total Funds

$6,347,567

Non-State Funds

$504,234

Agency Funds

$75,000

Other Non-State Funds

$429,234

State Funds

$5,843,333

State General Funds

$5,843,333

CAPITOL EDUCATION CENTER The purpose of the Capitol Education Center is to educate Georgians on the

MONDAY, MARCH 14, 2005

2505

importance of civic involvement, the functions of state government, and the history

of the State Capitol.

Total Funds

$151,122

State Funds

$151,122

State General Funds

$151,122

COMMISSION ON THE HOLOCAUST, GEORGIA

The purpose 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

$245,669

State Funds

$245,669

State General Funds

$245,669

CORPORATIONS

The Corporations Division accepts and reviews filings made pursuant to the above

enumerated statutes. The division issues certifications of records on file and

provides general information to the public on approximately 590,000 filed entities.

Total Funds

$2,045,078

Non-State Funds

$739,350

Agency Funds

$739,350

State Funds

$1,305,728

State General Funds

$1,305,728

DRUGS AND NARCOTICS AGENCY, GEORGIA

The purpose 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

$1,287,554

State Funds

$1,287,554

State General Funds

$1,287,554

ELECTIONS

The purpose is to administer all duties imposed upon the Secretary of State by the

above cited Georgia federal laws by providing all required filing and public

information services, performing all certification and commissioning duties required

by law and assisting candidates, local governments, and citizens in interpreting and

complying with all election, voter registration and financial disclosure laws.

Total Funds

$5,662,210

Non-State Funds

$20,000

Agency Funds

$20,000

State Funds

$5,642,210

State General Funds

$5,642,210

2506

JOURNAL OF THE HOUSE

OFFICE ADMINISTRATION

The purpose of the Administration Division is to provide administrative support to

the Office of Secretary of State and its attached agencies.

Total Funds

$4,721,032

Non-State Funds

$31,637

Agency Funds

$30,000

Federal Funds Not Specifically Identified

$1,637

State Funds

$4,689,395

State General Funds

$4,689,395

PROFESSIONAL LICENSING BOARDS

The purpose is to protect the public health and welfare by supporting all operations

of Boards which license professions.

Total Funds

$9,539,304

Non-State Funds

$150,000

Agency Funds

$150,000

State Funds

$9,389,304

State General Funds

$9,389,304

REAL ESTATE COMMISSION

The purpose is to administer the license law that regulates brokers, salespersons,

and community association managers.

Total Funds

$2,889,094

State Funds

$2,889,094

State General Funds

$2,889,094

SECURITIES

The purpose is to provide for registration, compliance and enforcement of the above

provisions of the Georgia Codes, and to provide information to the public regarding

subjects of such codes.

Total Funds

$2,003,294

Non-State Funds

$50,000

Agency Funds

$50,000

State Funds

$1,953,294

State General Funds

$1,953,294

STATE ETHICS COMMISSION

The purpose 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

$717,566

State Funds

$717,566

State General Funds

$717,566

MONDAY, MARCH 14, 2005

2507

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 39: Soil and Water Conservation Commission Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers

$42,848,822 $39,144,567
$476,534 $1,865,537 $3,704,255 $3,704,255
$0

COMMISSION ADMINISTRATION

The purpose is to protect, conserve, and improve the soil and water resources of the

State of Georgia.

Total Funds

$578,890

Non-State Funds

$129

Federal Funds Not Specifically Identified

$129

State Funds

$578,761

State General Funds

$578,761

CONSERVATION OF AGRICULTURAL WATER SUPPLIES

The purpose is to conserve the use of Georgia's ground and surface water by

agricultural water users.

Total Funds

$1,926,313

Non-State Funds

$1,701,537

Agency Funds

$1,701,537

State Funds

$224,776

State General Funds

$224,776

CONSERVATION OF SOIL AND WATER RESOURCES

The purpose is to conserve Georgia's rich natural resources through voluntary

implementation of conservation best management practices on agricultural lands.

Total Funds

$1,671,247

Non-State Funds

$573,405

Agency Funds

$164,000

Federal Funds Not Specifically Identified

$409,405

State Funds

$1,097,842

State General Funds

$1,097,842

U.S.D.A. FLOOD CONTROL WATERSHED STRUCTURES The purpose is to provide flood retarding, water quality, recreation, and water

2508

JOURNAL OF THE HOUSE

supply benefits to Georgia citizens. Total Funds State Funds State General Funds

$19,476 $19,476 $19,476

WATER RESOURCES AND LAND USE PLANNING

The purpose is to improve the understanding of water use and to develop plans that

improve water management and efficiency.

Total Funds

$1,850,400

Non-State Funds

$67,000

Federal Funds Not Specifically Identified

$67,000

State Funds

$1,783,400

State General Funds

$1,783,400

Section 40: Student Finance Commission and Authority, Georgia

Total Funds

$596,811,082

Non State Funds

$37,323,149

Federal Funds Not Specifically Identified

$520,653

State Funds

$559,487,933

Lottery Funds

$521,548,450

State General Funds

$37,939,483

Intra-State Government Transfers

$0

ACCEL

The purpose is to allow students to pursue post-secondary study at approved public

and private post-secondary institutions, while receiving dual high school and college

credit for courses successfully completed.

Total Funds

$6,000,000

State Funds

$6,000,000

Lottery Funds

$6,000,000

ENGINEER SCHOLARSHIP

The purpose is to provide forgivable loans to Georgia residents who are engineering

students at Mercer University (Macon campus) and retain those students as

engineers in the State.

Total Funds

$760,000

State Funds

$760,000

Lottery Funds

$760,000

GEORGIA MILITARY COLLEGE SCHOLARSHIP The purpose is to provide outstanding students with a full scholarship to attend Georgia Military College, thereby strengthening Georgia's National Guard with their membership.

MONDAY, MARCH 14, 2005

2509

Total Funds State Funds
Lottery Funds

$770,477 $770,477 $770,477

GOVERNOR'S SCHOLARSHIP PROGRAM

The purpose is to recognize graduating Georgia High School seniors who are a

valedictorian or STAR student of their class by providing a scholarship to attend an

eligible post-secondary institution in Georgia.

Total Funds

$2,329,200

State Funds

$2,329,200

State General Funds

$2,329,200

GUARANTEED EDUCATIONAL LOANS

The purpose is to provide service cancelable loans to students enrolled in critical

fields of study, which include nursing, physical therapy and pharmacy.

Total Funds

$3,799,883

State Funds

$3,799,883

State General Funds

$3,799,883

HOPE ADMINISTRATION

The purpose is to provide scholarships that reward students with financial assistance

in degree, diploma, and certificate programs at eligible Georgia public and private

colleges and universities, and public technical colleges.

Total Funds

$5,111,697

State Funds

$5,111,697

Lottery Funds

$5,111,697

HOPE GED

The purpose is to award a $500 voucher once to each student receiving a general

educational development (GED) diploma awarded by the Georgia Department of

Technical and Adult Education.

Total Funds

$2,840,694

State Funds

$2,840,694

Lottery Funds

$2,840,694

HOPE GRANT

The purpose is to provide grants to students seeking a diploma or certificate at a

public post-secondary institution.

Total Funds

$122,784,173

State Funds

$122,784,173

Lottery Funds

$122,784,173

HOPE SCHOLARSHIPS - PRIVATE SCHOOLS

2510

JOURNAL OF THE HOUSE

The purpose is to provide merit scholarships to students seeking an associate or

baccalaureate degree at an eligible private post-secondary institution.

Total Funds

$45,751,850

State Funds

$45,751,850

Lottery Funds

$45,751,850

HOPE SCHOLARSHIPS - PUBLIC SCHOOLS

The purpose is to provide merit scholarships to students seeking an associate or

baccalaureate degree at an eligible public post-secondary institution.

Total Funds

$326,011,143

State Funds

$326,011,143

Lottery Funds

$326,011,143

LAW ENFORCEMENT DEPENDENTS GRANT

The purpose is to provide educational grant assistance to the children of Georgia

law enforcement officers, firefighters, and prison guards who were permanently

disabled or killed in the line of duty, to attend an eligible private or public post

secondary institution in Georgia.

Total Funds

$50,911

State Funds

$50,911

State General Funds

$50,911

LEVERAGING EDUCATIONAL ASSISTANCE PARTNERSHIP

PROGRAM

The purpose is to provide educational grant assistance to residents of Georgia who

demonstrate substantial financial need to attend eligible post-secondary institutions

in Georgia.

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

NONPUBLIC POSTSECONDARY EDUCATION COMMISSION

The purpose is to authorize private post-secondary schools in Georgia; provide

transcripts for students who attended schools that closed; resolve complaints.

Total Funds

$644,500

State Funds

$644,500

State General Funds

$644,500

NORTH GEORGIA MILITARY SCHOLARSHIP GRANTS The purpose is to provide outstanding students with a full scholarship to attend North Georgia College & State University, thereby strengthening Georgia's Army

MONDAY, MARCH 14, 2005

2511

National Guard with their membership. Total Funds State Funds State General Funds

$683,951 $683,951 $683,951

NORTH GEORGIA ROTC GRANTS

The purpose is to provide Georgia residents with non-repayable financial assistance

to attend North Georgia College and State University and to participate in the

Reserve Officers Training Corps (ROTC) program.

Total Funds

$432,479

State Funds

$432,479

State General Funds

$432,479

PROMISE II SCHOLARSHIP

The purpose is to assist paraprofessionals and instructional aides who worked in

Georgia public schools throughout the 1999-2000 school year, by providing funds

to assist with their educational expenses in the form of a service-obligation

scholarship.

Total Funds

$74,590

State Funds

$74,590

Lottery Funds

$74,590

PROMISE SCHOLARSHIP

The purpose is to provide forgivable loans to students in their junior and senior year

who aspire to be teachers in Georgia public schools.

Total Funds

$5,855,278

State Funds

$5,855,278

Lottery Funds

$5,855,278

PUBLIC MEMORIAL SAFETY GRANT

The purpose is to provide educational grant assistance to the children of Georgia

law enforcement officers, fire fighters, EMTs, correctional officers, and prison

guards who were permanently disabled or killed in the line of duty, to attend a

public post-secondary institution in the State of Georgia.

Total Funds

$255,850

State Funds

$255,850

Lottery Funds

$255,850

TEACHER SCHOLARSHIP

The purpose is to provide forgivable loans to teachers seeking advanced education

degrees in critical shortage fields of study.

Total Funds

$5,332,698

State Funds

$5,332,698

2512

JOURNAL OF THE HOUSE

Lottery Funds

$5,332,698

TUITION EQUALIZATION GRANTS

The purpose is to promote the private segment of higher education in Georgia by

providing non-repayable grant aid to Georgia residents who attend eligible private

post-secondary institutions.

Total Funds

$29,031,802

State Funds

$29,031,802

State General Funds

$29,031,802

Section 41: Teachers' Retirement System Total Funds Non State Funds State Funds
State General Funds Intra-State Government Transfers
Retirement Payments

$58,120,880 $36,802,496
$1,980,000 $1,980,000 $19,338,384 $19,338,384

FLOOR/COLA, LOCAL SYSTEM FUND

The purpose is to provide retirees from local retirement systems a minimum

Total Funds

$1,980,000

State Funds

$1,980,000

State General Funds

$1,980,000

SYSTEM ADMINISTRATION

The purpose is to provide all services to active members, including: service

purchases, refunds, retirement counseling, and new retirement processing.

Total Funds

$19,338,384

Intra-State Government Transfers

$19,338,384

Retirement Payments

$19,338,384

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 42: Technical Education, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers

$425,230,581 $112,549,613
$19,814,459 $55,932,658 $312,680,968 $312,680,968
$0

MONDAY, MARCH 14, 2005

2513

ADULT LITERACY

The purpose 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

$19,979,940

Non-State Funds

$8,143,219

Agency Funds

$1,121,886

Federal Funds Not Specifically Identified

$7,021,333

State Funds

$11,836,721

State General Funds

$11,836,721

DEPARTMENTAL ADMINISTRATION

The purpose is to contribute to the economic, educational, and community

development of Georgia by providing quality technical education, adult literacy

education, continuing education, and customized business and industry workforce

training to the citizens of Georgia.

Total Funds

$4,666,595

State Funds

$4,666,595

State General Funds

$4,666,595

QUICK START PROGRAM

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

$11,882,951

State Funds

$11,882,951

State General Funds

$11,882,951

TECHNICAL EDUCATION

The purpose 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

$351,898,599

Non-State Funds

$67,603,898

Agency Funds

$54,810,772

Federal Funds Not Specifically Identified

$12,793,126

State Funds

$284,294,701

State General Funds

$284,294,701

Section 43: Transportation, Department of

2514

JOURNAL OF THE HOUSE

Total Funds

$1,819,355,992

Non State Funds

$1,200,600,627

Federal Funds Not Specifically Identified

$20,422,953

Agency Funds

$8,799,470

Other Non-State Funds

$21,717,277

Fed Highway Admin - Highway Planning Construction $1,100,000,000

Fed Transit Admin - Capital Investment Grants

$12,858,431

State Funds

$618,097,570

Motor Fuel Funds

$604,380,000

State General Funds

$13,717,570

Intra-State Government Transfers

$657,795

Other Intra-State Agency Payments

$657,795

AIR TRANSPORTATION

The purpose is to provide transportation to state officials and companies considering

a move to Georgia and conducting aerial photography flights.

Total Funds

$2,196,606

Non-State Funds

$184,590

Federal Funds Not Specifically Identified

$184,590

State Funds

$1,354,221

State General Funds

$1,354,221

Intra-State Government Transfers

$657,795

Other Intra-State Government Payments

$657,795

AIRPORT AID PROGRAM

The purpose supports statewide economic development by providing the

infrastructure for a safe, efficient, and adequate air transportation system.

Total Funds

$25,143,392

Non-State Funds

$19,684,590

Federal Funds Not Specifically Identified

$19,684,590

State Funds

$5,458,802

State General Funds

$5,458,802

CONSTRUCT AND IMPROVE THE STATE HIGHWAY SYSTEM

The purpose is to ensure a safe and efficient transportation system.

Total Funds

$1,080,409,721

Non-State Funds

$856,780,997

Agency Funds

$165,000

Other Non-State Funds

$10,404,488

Federal Highway Administration Highway Planning and $846,211,509

Construction

State Funds

$223,628,724

State Motor Fuel

$223,628,724

MONDAY, MARCH 14, 2005

2515

DATA COLLECTION, COMPLIANCE AND REPORTING

The purpose is to provide quality transportation data products in the appropriate

format within an acceptable timeframe that meets the needs of the state's business

partners.

Total Funds

$5,581,135

Non-State Funds

$4,013,605

Agency Funds

$62,257

Other Non-State Funds

$52,844

Federal Highway Administration Highway Planning and

$3,898,504

Construction

State Funds

$1,567,530

State Motor Fuel

$1,567,530

DEPARTMENTAL ADMINISTRATION

The purpose is to plan, construct, maintain, and improve the state's roads and

bridges; provide planning and financial support for other modes of transportation

such as mass transit and airports; provide airport and air safety planning; and

provide air travel to state departments.

Total Funds

$52,801,044

Non-State Funds

$11,521,996

Agency Funds

$816,960

Other Non-State Funds

$1,393,081

Federal Highway Administration Highway Planning and

$9,311,955

Construction

State Funds

$41,279,048

State Motor Fuel

$41,279,048

LOCAL ROAD ASSISTANCE

The purpose is for contracts with local governments to assist in the construction and

reconstruction of their road, bridge, and street systems.

Total Funds

$159,922,919

Non-State Funds

$71,157,997

Agency Funds

$677,243

Other Non-State Funds

$3,001,277

Federal Highway Administration Highway Planning and

$67,479,477

Construction

State Funds

$88,764,922

State Motor Fuel

$88,764,922

MAINTAIN STATE HIGHWAY SYSTEM The purpose is to coordinate all statewide maintenance activities.
Total Funds Non-State Funds

$335,754,789 $157,794,621

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Agency Funds Other Non-State Funds Federal Highway Administration Highway Planning and Construction State Funds State Motor Fuel

$3,049,770 $6,286,801 $148,458,050
$177,960,168 $177,960,168

OPERATE STATE HIGHWAY SYSTEM

The purpose is to ensure a safe and efficient transportation system statewide by

traffic engineering and traffic management.

Total Funds

$46,424,679

Non-State Funds

$29,245,531

Agency Funds

$4,026,240

Other Non-State Funds

$578,786

Federal Highway Administration Highway Planning and

$24,640,505

Construction

State Funds

$17,179,148

State Motor Fuel

$17,179,148

PAYMENTS TO THE STATE ROAD AND TOLLWAY AUTHORITY

The purpose is to provide funds for the State Road and Tollway Authority

Total Funds

$54,000,460

State Funds

$54,000,460

State Motor Fuel

$54,000,460

PORTS AND WATERWAYS

The purpose is to maintain the navigability of the Atlantic Intracoastal Waterway

and GA's deep water ports to promote international trade.

Total Funds

$1,303,214

Non-State Funds

$184,591

Federal Funds Not Specifically Identified

$184,591

State Funds

$1,118,623

State General Funds

$1,118,623

RAIL

The purpose is to oversee the construction, financing, operation, and development

of rail passenger, freight service, and other public transportation projects within and

without the state of Georgia.

Total Funds

$841,642

Non-State Funds

$184,591

Federal Funds Not Specifically Identified

$184,591

State Funds

$657,051

State General Funds

$657,051

MONDAY, MARCH 14, 2005

2517

TRANSIT

The purpose 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

$18,173,895

Non-State Funds

$13,045,022

Agency Funds

$2,000

Federal Funds Not Specifically Identified

$184,591

Federal Transit Administration Capital Investment Grants $12,858,431

State Funds

$5,128,873

State General Funds

$5,128,873

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 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.

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Section 44: Veterans Service, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers

$68,870,412 $47,543,302 $10,740,806 $21,327,110 $21,327,110
$0

DEPARTMENTAL ADMINISTRATION

The purpose is to coordinate, manage and supervise all aspects of department

operations to include financial, public information, personnel, accounting,

purchasing, supply, mail, records management, and information technology.

Total Funds

$803,391

Non-State Funds

$87,996

Federal Funds Not Specifically Identified

$87,996

State Funds

$715,395

State General Funds

$715,395

GEORGIA VETERANS MEMORIAL CEMETERY

The purpose is to provide for the internment of eligible Georgia Veterans who

served faithfully and honorably in the military service of our country.

Total Funds

$295,910

State Funds

$295,910

State General Funds

$295,910

GEORGIA WAR VETERANS NURSING HOME AUGUSTA

The purpose is to provide skilled nursing care to aged and infirmed Georgia

Veterans; and to also serve as a teaching facility for the Medical College of Georgia.

Total Funds

$7,541,980

Non-State Funds

$3,104,750

Federal Funds Not Specifically Identified

$3,104,750

State Funds

$4,437,230

State General Funds

$4,437,230

GEORGIA WAR VETERANS NURSING HOME - MILLEDGEVILLE

The purpose is to provide both skilled nursing and domiciliary care to aged and

infirmed Georgia war veterans.

Total Funds

$17,617,375

Non-State Funds

$7,225,135

Federal Funds Not Specifically Identified

$7,225,135

State Funds

$10,392,240

State General Funds

$10,392,240

MONDAY, MARCH 14, 2005

2519

VETERANS BENEFITS

The purpose is to serve Georgia's veterans, their dependents and survivors in all

matters pertaining to veterans benefits by informing the veterans and their families

about veterans benefits, and directly assisting and advising them in securing the

benefits to which they are entitled.

Total Funds

$5,809,260

Non-State Funds

$322,925

Federal Funds Not Specifically Identified

$322,925

State Funds

$5,486,335

State General Funds

$5,486,335

Section 45: Workers' Compensation, State Board of Total Funds Non State Funds
Agency Funds State Funds
State General Funds Intra-State Government Transfers

$52,726,930 $37,042,496
$240,000 $15,684,434 $15,684,434
$0

ADMINISTER THE WORKERS' COMPENSATION LAWS

The purpose is to provide exclusive remedy for resolution of disputes in the Georgia

Workers' Compensation law.

Total Funds

$9,317,536

State Funds

$9,317,536

State General Funds

$9,317,536

BOARD ADMINISTRATION

The purpose is to provide superior access to the Georgia Workers' Compensation

program for injured workers and employers in a manner that is sensitive,

responsive, and effective.

Total Funds

$6,606,898

Non-State Funds

$240,000

Agency Funds

$240,000

State Funds

$6,366,898

State General Funds

$6,366,898

Section 46: General Obligation Debt Sinking Fund Total Funds Non State Funds State Funds
Motor Fuel Funds State General Funds Intra-State Government Transfers

$999,954,821 $36,802,496
$963,152,325 $185,620,000 $777,532,325
$0

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GENERAL OBLIGATION DEBT SINKING FUND - ISSUED Total Funds State Funds State Motor Fuel State General Funds

$767,813,370 $767,813,370 $155,000,000 $612,813,370

GENERAL OBLIGATION DEBT SINKING FUND - NEW Total Funds State Funds State Motor Fuel State General Funds

$108,338,955 $108,338,955
$30,620,000 $77,718,955

GENERAL OBLIGATION DEBT SINKING FUND - NEW: AUTHORIZED

UNDER PREVIOUS APPROPRIATIONS ACTS

Total Funds

$87,000,000

State Funds

$87,000,000

State General Funds

$87,000,000

1 From the appropriation designated "State General Funds (New)", $2,218,190 is specifically appropriated for the purpose of financing projects and facilities for the Education, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,815,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

2 From the appropriation designated "State General Funds (New)", $539,400 is specifically appropriated for the purpose of financing projects and facilities for the Education, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

3 From the appropriation designated "State General Funds (New)", $18,705 is specifically appropriated for the purpose of financing projects and facilities for the Education, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $215,000 in principal amount of General Obligation Debt, the instruments of which shall have

MONDAY, MARCH 14, 2005

2521

maturities not in excess of two hundred and forty months.
4 From the appropriation designated "State General Funds (New)", $90,045 is specifically appropriated for the purpose of financing projects and facilities for the Public Libraries by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,035,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
5 From the appropriation designated "State General Funds (New)", $70,470 is specifically appropriated for the purpose of financing projects and facilities for the Public Libraries by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $810,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
6 From the appropriation designated "State General Funds (New)", $153,555 is specifically appropriated for the purpose of financing projects and facilities for the Public Libraries by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,765,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
7 From the appropriation designated "State General Funds (New)", $4,404,810 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 $50,630,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
8 From the appropriation designated "State General Funds (New)", $1,211,475 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,

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waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $13,925,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
9 From the appropriation designated "State General Funds (New)", $203,400 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 $900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
10 From the appropriation designated "State General Funds (New)", $4,576,500 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 $20,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
11 From the appropriation designated "State General Funds (New)", $435,000 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 $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
12 From the appropriation designated "State General Funds (New)", $2,260,000 is specifically appropriated for the purpose of financing projects and facilities for the Technical and Adult Education, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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.
13 From the appropriation designated "State General Funds (New)", $1,695,000 is

MONDAY, MARCH 14, 2005

2523

specifically appropriated for the purpose of financing projects and facilities for the Technical and Adult Education, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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.
14 From the appropriation designated "State General Funds (New)", $202,710 is specifically appropriated for the purpose of financing projects and facilities for the Technical and Adult Education, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,330,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
15 From the appropriation designated "State General Funds (New)", $55,245 is specifically appropriated for the purpose of financing projects and facilities for the Technical and Adult Education, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $635,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
16 From the appropriation designated "State General Funds (New)", $87,000 is specifically appropriated for the purpose of financing projects and facilities for the Technical and Adult Education, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
17 From the appropriation designated "State General Funds (New)", $264,915 is specifically appropriated for the purpose of financing projects and facilities for the Agricultural Exposition 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,

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necessary or useful in connection therewith, through the issuance of not more than $3,045,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
18 From the appropriation designated "State General Funds (New)", $957,000 is specifically appropriated for the purpose of financing projects and facilities for the Economic Development, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $11,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
19 From the appropriation designated "State General Funds (New)", $113,000 is specifically appropriated for the purpose of financing projects and facilities for the Natural Resources, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
20 From the appropriation designated "State General Funds (New)", $655,400 is specifically appropriated for the purpose of financing projects and facilities for the State Forestry Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
21 From the appropriation designated "State General Funds (New)", $87,000 is specifically appropriated for the purpose of financing projects and facilities for the State Forestry Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
22 From the appropriation designated "State General Funds (New)", $304,500 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority by means of the acquisition, construction,

MONDAY, MARCH 14, 2005

2525

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
23 From the appropriation designated "State General Funds (New)", $235,040 is specifically appropriated for the purpose of financing projects and facilities for the Labor, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,040,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
24 From the appropriation designated "State General Funds (New)", $334,480 is specifically appropriated for the purpose of financing projects and facilities for the Labor, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,480,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
25 From the appropriation designated "State General Funds (New)", $2,305,500 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 $26,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
26 From the appropriation designated "State General Funds (New)", $609,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
27 From the appropriation designated "State General Funds (New)", $1,272,375 is

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specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $14,625,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
28 From the appropriation designated "State General Funds (New)", $500,590 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 $2,215,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
29 From the appropriation designated "State General Funds (New)", $565,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
30 From the appropriation designated "State General Funds (New)", $462,840 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 $5,320,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
31 From the appropriation designated "State General Funds (New)", $7,290,600 is specifically appropriated for the purpose of financing projects and facilities for the Transportation, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $83,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

MONDAY, MARCH 14, 2005

2527

32 From the appropriation designated "State General Funds (New)", $562,890 is specifically appropriated for the purpose of financing projects and facilities for the Transportation, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,470,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
33 From the appropriation designated "State Motor Fuel Funds (New)", $26,100,000 is specifically appropriated for the purpose of financing projects and facilities for the Transportation, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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.
34 From the appropriation designated "State Motor Fuel Funds (New)", $4,520,000 is specifically appropriated for the purpose of financing projects and facilities for the Transportation, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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.
35 From the appropriation designated "State General Funds (New)", $939,030 is specifically appropriated for the purpose of financing projects and facilities for the Juvenile Justice, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,155,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
36 From the appropriation designated "State General Funds (New)", $641,840 is specifically appropriated for the purpose of financing projects and facilities for the Juvenile Justice, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,840,000 in principal amount of General Obligation Debt, the instruments of

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JOURNAL OF THE HOUSE

which shall have maturities not in excess of sixty months.
37 From the appropriation designated "State General Funds (New)", $208,365 is specifically appropriated for the purpose of financing projects and facilities for the Human Resources, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,395,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
38 From the appropriation designated "State General Funds (New)", $236,170 is specifically appropriated for the purpose of financing projects and facilities for the Corrections, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,045,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
39 From the appropriation designated "State General Funds (New)", $157,035 is specifically appropriated for the purpose of financing projects and facilities for the Defense, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,805,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
40 From the appropriation designated "State General Funds (New)", $174,000 is specifically appropriated for the purpose of financing projects and facilities for the Corrections, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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.
41 From the appropriation designated "State General Funds (New)", $1,356,000 is specifically appropriated for the purpose of financing projects and facilities for the Public Safety, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal,

MONDAY, MARCH 14, 2005

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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.
42 From the appropriation designated "State General Funds (New)", $201,140 is specifically appropriated for the purpose of financing projects and facilities for the Public Safety, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $890,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
43 From the appropriation designated "State General Funds (New)", $76,840 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $340,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
44 From the appropriation designated "State General Funds (New)", $452,000 is specifically appropriated for the purpose of financing projects and facilities for the Administrative Services, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
45 From the appropriation designated "State General Funds (New)", $1,683,450 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 $19,350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
46 From the appropriation designated "State General Funds (New)", $678,000 is specifically appropriated for the purpose of financing projects and facilities for the Revenue, Department of by means of the acquisition, construction, development,

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extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
47 From the appropriation designated "State General Funds (New)", $880,875 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 $10,125,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
48 From the appropriation designated "State General Funds (New)", $2,345,520 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 $26,960,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
49 From the appropriation designated "State General Funds (New)", $1,782,630 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 $20,490,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
50 From the appropriation designated "State General Funds (New)", $1,101,420 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 $12,660,000 in principal amount of General Obligation Debt, the

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instruments of which shall have maturities not in excess of two hundred and forty months.
51 From the appropriation designated "State General Funds (New)", $355,950 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 $1,575,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
52 From the appropriation designated "State General Funds (New)", $180,800 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 $800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
53 From the appropriation designated "State General Funds (New)", $343,520 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 $1,520,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
54 From the appropriation designated "State General Funds (New)", $26,100 is specifically appropriated for the purpose of financing projects and facilities for the Agrirama Development 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 $300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
55 From the appropriation designated "State General Funds (New)", $8,700 is specifically appropriated for the purpose of financing projects and facilities for the Agrirama Development Authority 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 $100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
56 From the appropriation designated "State General Funds (New)", $31,640 is specifically appropriated for the purpose of financing projects and facilities for the Veterans Services, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $140,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
57 From the appropriation designated "State General Funds (New)", $15,820 is specifically appropriated for the purpose of financing projects and facilities for the Veterans Services, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $70,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
58 From the appropriation designated "State General Funds (New)", $25,990 is specifically appropriated for the purpose of financing projects and facilities for the Veterans Services, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $115,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
59 From the appropriation designated "State General Funds (New)", $9,040 is specifically appropriated for the purpose of financing projects and facilities for the Veterans Services, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $40,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
60 From the appropriation designated "State General Funds (New)", $22,600 is specifically appropriated for the purpose of financing projects and facilities for the

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Veterans Services, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
61 From the appropriation designated "State General Funds (New)", $18,080 is specifically appropriated for the purpose of financing projects and facilities for the Veterans Services, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $80,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
62 From the appropriation designated "State General Funds (New)", $27,120 is specifically appropriated for the purpose of financing projects and facilities for the Veterans Services, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $120,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
63 From the appropriation designated "State General Funds (New)", $20,340 is specifically appropriated for the purpose of financing projects and facilities for the Veterans Services, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $90,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
64 From the appropriation designated "State General Funds (New)", $1,783,935 is specifically appropriated for the purpose of financing projects and facilities for the Corrections, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $20,505,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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65 From the appropriation designated "State General Funds (New)", $395,850 is specifically appropriated for the purpose of financing projects and facilities for the Corrections, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,550,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
66 From the appropriation designated "State General Funds (New)", $325,815 is specifically appropriated for the purpose of financing projects and facilities for the Corrections, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,745,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
67 From the appropriation designated "State General Funds (New)", $22,620 is specifically appropriated for the purpose of financing projects and facilities for the Corrections, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $260,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
68 From the appropriation designated "State General Funds (New)", $67,800 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 $300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
69 From the appropriation designated "State General Funds (New)", $329,960 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,460,000 in principal amount of General Obligation Debt, the instruments of

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which shall have maturities not in excess of sixty months.
70 From the appropriation designated "State General Funds (New)", $327,700 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
71 From the appropriation designated "State General Funds (New)", $25,990 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 $115,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
72 From the appropriation designated "State General Funds (New)", $4,634,055 is specifically appropriated for the purpose of financing projects and facilities for the Education, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $53,265,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
73 From the appropriation designated "State General Funds (New)", $5,499,705 is specifically appropriated for the purpose of financing projects and facilities for the Education, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $63,215,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
74 From the appropriation designated "State General Funds (New)", $649,890 is specifically appropriated for the purpose of financing projects and facilities for the Education, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or

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useful in connection therewith, through the issuance of not more than $7,470,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
75 From the appropriation designated "State General Funds (New)", $754,290 is specifically appropriated for the purpose of financing projects and facilities for the Education, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $8,670,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
76 From the appropriation designated "State General Funds (New)", $4,524,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Environmental Facilities 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 $52,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
77 From the appropriation designated "State General Funds (New)", $304,500 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Environmental Facilities Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
78 From the appropriation designated "State General Funds (New)", $391,500 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Environmental Facilities Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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79 From the appropriation designated "State General Funds (New)", $565,000 is specifically appropriated for the purpose of financing projects and facilities for the Education, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
80 From the appropriation designated "State General Funds (New)", $174,000 is specifically appropriated for the purpose of financing projects and facilities for the Public Libraries by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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.
81 From the appropriation designated "State General Funds (New)", $87,000 is specifically appropriated for the purpose of financing projects and facilities for the Public Libraries by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
82 From the appropriation designated "State General Funds (New)", $565,500 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 $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.
83 From the appropriation designated "State General Funds (New)", $435,000 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

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not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
84 From the appropriation designated "State General Funds (New)", $199,230 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 $2,290,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
85 From the appropriation designated "State General Funds (New)", $426,300 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 $4,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
86 From the appropriation designated "State General Funds (New)", $426,300 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 $4,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
87 From the appropriation designated "State General Funds (New)", $348,000 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 $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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88 From the appropriation designated "State General Funds (New)", $435,000 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 $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
89 From the appropriation designated "State General Funds (New)", $556,800 is specifically appropriated for the purpose of financing projects and facilities for the Technical and Adult Education, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
90 From the appropriation designated "State General Funds (New)", $603,420 is specifically appropriated for the purpose of financing projects and facilities for the Technical and Adult Education, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,670,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
91 From the appropriation designated "State General Funds (New)", $174,000 is specifically appropriated for the purpose of financing projects and facilities for the Agriculture, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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.
92 From the appropriation designated "State General Funds (New)", $2,084,955 is specifically appropriated for the purpose of financing projects and facilities for the Technical and Adult Education, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real

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and personal, necessary or useful in connection therewith, through the issuance of not more than $23,965,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
93 From the appropriation designated "State General Funds (New)", $125,280 is specifically appropriated for the purpose of financing projects and facilities for the Technical and Adult Education, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,440,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
94 From the appropriation designated "State General Funds (New)", $435,000 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 $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
95 From the appropriation designated "State General Funds (New)", $69,600 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 $800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
96 From the appropriation designated "State General Funds (New)", $435,000 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 $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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97 From the appropriation designated "State General Funds (New)", $431,520 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 $4,960,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
98 From the appropriation designated "State General Funds (New)", $252,300 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 $2,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
99 From the appropriation designated "State General Funds (New)", $110,490 is specifically appropriated for the purpose of financing projects and facilities for the Public Libraries by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,270,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Section 47. From the appropriation designated "State General Funds (New)," $4,510,000 is specifically appropriated to the Georgia State Financing and Investment Commission to acquire, construct, develop, extend, enlarge, or improve land, waters, property, highways, buildings, structures, equipment, or facilities of the state, its agencies, departments, institutions, and of those state authorities which were created and activated prior to November 8, 1960, through the issuance of not more than $50,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Section 48. 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

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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.
Section 49. 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 50. 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 51. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 52. 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 53. 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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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 54. When an agency receives appropriations for more than one program above, the appropriation for each program is the amount stated plus the lesser of $250,000 or 102% of the amount stated. However, if the additional authority is used, the appropriation for one or more of the other program appropriations is reduced in the same amount, such that the stated goal in program appropriations within the Section is not exceeded.
Section 55. 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 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. 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 adjust 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 for 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 for 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.

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Section 56. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 57. 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 85.
The motion prevailed.
The following Resolutions of the House were read and adopted:
HR 538. By Representatives Channell of the 116th, Hudson of the 124th and Parham of the 141st:
A RESOLUTION commending a future leader, Lea Justice; and for other purposes.
HR 539. By Representatives Channell of the 116th and Hudson of the 124th:
A RESOLUTION commending a future leader, Donna Stewart; and for other purposes.
HR 540. By Representatives Jones of the 44th, Thomas of the 55th, Ashe of the 56th, Buckner of the 76th, Benfield of the 85th and others:
A RESOLUTION honoring and commending Ms. Na'Taki Osborne; and for other purposes.
HR 541. By Representative Jones of the 44th:
A RESOLUTION honoring and commending Ms. Roberta J. Cook; and for other purposes.
HR 542. By Representatives Channell of the 116th and Hudson of the 124th:
A RESOLUTION commending a future leader, Christine Tillman; and for other purposes.
HR 543. By Representatives Channell of the 116th and Hudson of the 124th:

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A RESOLUTION commending a future leader, Billy Webster; and for other purposes.
HR 544. By Representatives Channell of the 116th, Hudson of the 124th and Parham of the 141st:
A RESOLUTION commending a future leader, Shelagh Fagan; and for other purposes.
HR 545. By Representatives Channell of the 116th, Hudson of the 124th and Parham of the 141st:
A RESOLUTION commending a future leader, Teresa Doster; and for other purposes.
HR 546. By Representatives Channell of the 116th and Hudson of the 124th:
A RESOLUTION commending a future leader, Gary Trott; and for other purposes.
HR 547. By Representatives Channell of the 116th, Hudson of the 124th and Parham of the 141st:
A RESOLUTION commending a future leader, Vincent Stiggers; and for other purposes.
HR 548. By Representatives Channell of the 116th, Hudson of the 124th and Parham of the 141st:
A RESOLUTION commending a future leader, Janie Reid; and for other purposes.
HR 549. By Representatives Channell of the 116th, Hudson of the 124th and Parham of the 141st:
A RESOLUTION commending a future leader, Madelyn Layfield; and for other purposes.
HR 550. By Representatives Channell of the 116th, Hudson of the 124th and Parham of the 141st:
A RESOLUTION commending a future leader, Robert Koch; and for other purposes.

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HR 551. By Representatives Channell of the 116th, Hudson of the 124th and Parham of the 141st:
A RESOLUTION commending a future leader, Sharon Thatcher; and for other purposes.
HR 552. By Representatives Channell of the 116th and Hudson of the 124th:
A RESOLUTION commending a future leader, Marilyn Cespedes; and for other purposes.
HR 553. By Representatives Channell of the 116th, Hudson of the 124th and Parham of the 141st:
A RESOLUTION commending a future leader, Ethan Cooper; and for other purposes.
HR 554. By Representatives Channell of the 116th, Hudson of the 124th and Parham of the 141st:
A RESOLUTION commending a future leader, Tina Taylor; and for other purposes.
HR 555. By Representatives Channell of the 116th, Hudson of the 124th and Parham of the 141st:
A RESOLUTION commending a future leader, Jeff Morris; and for other purposes.
HR 556. By Representatives Channell of the 116th and Hudson of the 124th:
A RESOLUTION commending a future leader, Mary Barrett; and for other purposes.
HR 557. By Representatives Channell of the 116th and Hudson of the 124th:
A RESOLUTION commending a future leader, Donald Appling; and for other purposes.
HR 558. By Representatives Channell of the 116th, Hudson of the 124th and Parham of the 141st:
A RESOLUTION commending a future leader, Jimmy Branan; and for other purposes.

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HR 559. By Representatives Channell of the 116th, Hudson of the 124th and Parham of the 141st:
A RESOLUTION commending a future leader, Jessica Crowe; and for other purposes.
HR 560. By Representatives Channell of the 116th, Hudson of the 124th and Parham of the 141st:
A RESOLUTION commending a future leader, Tywanda Dorsey; and for other purposes.
HR 561. By Representatives Channell of the 116th, Hudson of the 124th and Parham of the 141st:
A RESOLUTION commending a future leader, Dennis Addy; and for other purposes.
HR 562. By Representatives Channell of the 116th, Hudson of the 124th and Parham of the 141st:
A RESOLUTION commending a future leader, Lisa Jackson; and for other purposes.
HR 563. By Representatives Amerson of the 9th and Reece of the 27th:
A RESOLUTION establishing Dahlonega/Lumpkin County as Georgia's Premier Sports Cycling Community; and for other purposes.
HR 564. By Representatives Brooks of the 63rd and Watson of the 91st:
A RESOLUTION acknowledging the efforts of the Georgia Association of Black Elected Officials to repeal certain obsolete laws relating to segregation; and for other purposes.
HR 565. By Representatives Black of the 174th, Borders of the 175th and Shaw of the 176th:
A RESOLUTION recognizing Echols County and the Lake Park area of Lowndes County as the Carrot Capital of the South; and for other purposes.
HR 566. By Representatives Dickson of the 6th, Forster of the 3rd and Williams of the 4th:

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A RESOLUTION declaring Praters Mill a Legacy of Georgia Tradition; and for other purposes.
HR 567. By Representatives Scott of the 2nd, Williams of the 4th, Dickson of the 6th, Forster of the 3rd, Neal of the 1st and others:
A RESOLUTION recognizing and commending Shaw Industries and other private businesses which have made their premises smoke-free as outstanding examples of wise choices by free and private enterprise without government intervention or coercion; and for other purposes.
Representative Burmeister of the 119th assumed the chair.
Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
Representative Burmeister of the 119th announced the House adjourned until 10:00 o'clock, tomorrowmorning.

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Representative Hall, Atlanta, Georgia

Tuesday, March 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 Ashe Barnard
E Barnes Bearden
E Beasley-Teague Benton Black Bridges Brooks Bryant Burkhalter Burmeister Burns Butler Byrd Carter Casas Cheokas Coan Cole Coleman, B Coleman, T Cox Crawford

Cummings Davis Day Dickson E Dodson Dukes Ehrhart England Epps Fleming Floyd, J Forster Franklin Freeman Geisinger Graves, D Graves, T Greene Harbin Hatfield Heard, J Heard, K Hembree E Henson Hill, C Holt

Horne Howard Hudson Hugley Jackson Jacobs James Jamieson Jenkins E Jennings Johnson Jones, S Keen Keown Kidd Knight Knox Lakly Lane, B Lane, R Lewis Lindsey Lord Loudermilk Lucas Lunsford

Maddox Manning Maxwell May E McClinton Meadows Mills Mitchell Mosby Mumford Murphy, J Neal O'Neal Parham Parrish Parsons Porter Powell Ralston E Randall Ray Reece, B Reece, S Reese E Rice Rogers

Royal Rynders Scheid Scott, A Scott, M Setzler Shaw Sheldon Sims, F Smith, P Smith, R Smith, T Stephens 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 Anderson of the 123rd, Bordeaux of the 162nd, Borders of the 175th, Brown of the 69th, Bruce of the 64th, Buckner of the 130th, Chambers of the 81st, Channell of the 116th, Cooper of the 41st, Dean of the 59th, Dollar of the 45th, Drenner of the 86th, Floyd of the 99th, Fludd of the 66th, Gardner of the 57th, Golick of the 34th, Hanner of the 148th, Heckstall of the 62nd, Hill of the 180th, Holmes of the 61st, Houston of the 170th, Jones of the 46th, Jordan of the 77th, Mangham of the 94th, Marin of the 96th, Millar of the 79th, Miller of the 106th, Morgan of the 39th, Mosley of the 178th, Murphy of the 120th, Oliver of the 83rd, Roberts of the 154th, Sailor of the 93rd, Sinkfield of the 60th, Smith of the 70th, Smith of the 129th, Smith of the 113th, Smyre of

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the 132nd, Stanley-Turner of the 53rd, Stephenson of the 92nd, Walker of the 107th, and Wix of the 33rd.
They wish to be recorded as present.
Prayer was offered by the Reverend Andre Kennebrew, Shepherding Pastor, Mt. Moriah Baptist Church, Tucker, 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 Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 816. By Representatives Maddox of the 172nd and Keown of the 173rd:
A BILL to be entitled an Act to reincorporate and provide a new charter for the City of Cairo in Grady County, Georgia; to provide for boundaries and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, 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 boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city manager, and other personnel; 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 817. By Representative Burns of the 157th:
A BILL to be entitled an Act to amend an Act to provide for the election of the members of the board of education of Screven County, approved April 1,

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2002 (Ga. L. 2002, p. 3659), so as to provide that the members of the board of education shall be elected in nonpartisan elections; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 818. By Representatives Dickson of the 6th, Williams of the 4th and Forster of the 3rd:
A BILL to be entitled an Act to create the Dalton-Whitfield Economic Development 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 economic development in Dalton and Whitfield County, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the membership 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.
HB 819. By Representative Ralston of the 7th:
A BILL to be entitled an Act to provide for a homestead exemption from Gilmer County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for certain residents of that school district who are 70 years of age or older; 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 820. By Representative Ralston of the 7th:
A BILL to be entitled an Act to provide for a homestead exemption from certain Gilmer 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

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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 821. By Representatives Yates of the 73rd, Knight of the 126th and Lunsford of the 110th:
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 superior court judge or district attorney who is an active member of the Georgia Judicial Retirement System may obtain creditable service for certain prior service as a circuit-paid assistant district attorney; 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.
Referred to the Committee on Retirement.
HB 822. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act establishing a board of education of Coffee County, approved March 10, 1970 (Ga. L. 1970, p. 2441), as amended, particularly by an Act approved October 25, 2001 (Ga. L. 2001, Ex. Sess., p. 755), so as to provide that the members of the board of education shall be elected in nonpartisan elections; to provide for related matters; to provide for preclearance of this Act pursuant to 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 823. 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.

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Referred to the Committee on State Planning & Community Affairs - Local.
HB 824. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to control of disease in livestock, so as to change certain provisions relating to deer farming; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 825. By Representatives Manning of the 32nd, Parsons of the 42nd, Tumlin of the 38th, Jones of the 44th and Johnson of the 37th:
A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to local option sales taxation for educational purposes, so as to further define what constitutes a capital outlay expenditure eligible for funding through such tax; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 826. By Representative Lord of the 142nd:
A BILL to be entitled an Act to amend an Act providing for a board of commissioners of Jefferson County, approved February 23, 1984 (Ga. L. 1984, p. 3627), as amended, so as to provide conditions for the board of commissioners to convey title to or lease county-owned real property which is being used as a solid waste landfill; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 827. By Representatives Buckner of the 130th, Crawford of the 127th, Jamieson of the 28th, Brown of the 69th, Oliver of the 83rd and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to state officers and employees, so as to provide for the authorization of the Department of Administrative Services to procure a group liability insurance policy for hospitals providing emergency room services; to provide for the terms and conditions under which such hospitals may participate in such group liability

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insurance policy; to provide for the payment by participating hospitals of premiums and broker fees related to such insurance policy; to provide for protection for the state from liability for premiums and claims related to coverage under such policy; to provide that the state shall not be authorized to self-insure any participating hospital; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Governmental Affairs.

HR 536. By Representative Parham of the 141st:

A RESOLUTION proposing an amendment to the Constitution so as to provide for the authority of the Public Service Commission to make rules and regulations providing whether or under what circumstances the use of a mobile telecommunications device by the driver of a motor vehicle is lawful; to provide for enforcement of such rules and regulations; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Public Utilities & Telecommunications.

HR 537. By Representative Scheid of the 22nd:

A RESOLUTION urging the Department of Transportation to use funds from the sale of aviation fuel to fund regional airport maintenance and construction; and for other purposes.

Referred to the Committee on Transportation.

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

HB 810 HB 811 HB 812 HB 813 HB 814 HB 815

SB 259 SB 260 SB 285 SB 286 SB 287 SB 290

Representative McCall of the 30th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report:

Mr. Speaker:

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2555

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 96 Do Pass SB 290 Do Pass
Respectfully submitted, /s/ McCall of the 30th
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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 41 Do Pass SB 68 Do Pass
Respectfully submitted, /s/ Scott of the 153rd
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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 391 Do Pass
Respectfully submitted, /s/ Forster of the 3rd
Chairman
Representative Smith of the 168th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:

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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 780 Do Pass HB 795 Do Pass HB 798 Do Pass

HB 805 Do Pass SB 197 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 TUESDAY, MARCH 15, 2005

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 33rd Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule SB 100 SB 121 SB 124 SB 134 SR 33

Georgia Residential Mortgage Fraud Act; define offense; provide penalties Tollway Authority; motorist identity, travel history on project; exempt record Licensing Board for Residential/General Contractors; method of appointing members Juvenile Justice; persons violate terms/conditions of probation; change prov. Gwinnett University Center; approve creation of four-year college

Modified Open Rule None

Modified Structured Rule

SB 107

Developmental Highway System; additional route

SB 129

Public Transit; unlawful to solicit money /sell goods and services to

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operators/passengers; penalties

Structured Rule

SB 99

MARTA Act; code of ethics; conflict of interest; board members;

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 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 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.

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

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.

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

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

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

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

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

Y Crawford Y Cummings
Davis Y Day
Dean Y Dickson E Dodson
Dollar Y Drenner Y 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 Y Graves, T Y Greene Y Hanner Y Harbin
Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A

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
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 Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Marin Y Martin

Y Maxwell Y May
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 Y Parham Y Parrish
Parsons Y Porter
Powell Y Ralston E Randall Y Ray Y Reece, B
Reece, S Y Reese Y Rice
Roberts 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 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 Y Thomas, B Y Tumlin Y Walker Y Warren Watson Y Wilkinson Y Willard Williams, A Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker

On the passage of the Bills, the ayes were 133, nays 0.

The Bills, having received the requisite constitutional majority, were passed.

Representative Carter of the 159th 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:

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Mr. Speaker:
The Senate insists on its substitute to the following bill of the House:
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 Senate has passed by the requisite constitutional majority the following bills of the House:
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.
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 Senate has passed as amended, by the requisite constitutional majority, the following bills of the House:
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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2561

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.
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, assistant-trainer, 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 Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
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 joint governmental agencies of this state; to repeal conflicting laws; and for other purposes.
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

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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 Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
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.
Representative Harbin of the 118th moved that the House insist on its position in disagreeing to the Senate substitute to HB 85 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 Harbin of the 118th, Keen of the 179th and Burkhalter of the 50th.
The following members were recognized during the period of Morning Orders and addressed the House:
Lucas of the 139th and Warren of the 122nd.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 569. By Representative Scott of the 2nd:
A RESOLUTION commending the Dade County High School softball team and inviting its members and Head Coach Jill Higdon to appear before the House of Representatives; and for other purposes.

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2563

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 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:
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.
By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Judiciary Non-Civil and referred to the Committee on Judiciary:
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.
By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Judiciary Non-Civil and referred to the Committee on Public Safety:
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.

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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 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.

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 E Beasley-Teague Y Benfield Y Benton Y Black
Bordeaux Y Borders Y Bridges
Brooks Y Brown Y Bruce Y Bryant Y Buckner, D N Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd

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 Y Floyd, J
Fludd 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 Y Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson
Jones, J Jones, S N Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R

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 Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell

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

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2565

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

Y Ralston E Randall N 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 Y Williams, E Y Williams, R
Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 150, nays 4.

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

Representatives Brooks of the 63rd, Forster of the 3rd, Jones of the 46th, Mangham of the 94th, Stephenson of the 92nd, 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.

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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:

HB 806 Do Pass

Respectfully submitted, /s/ Smith of the 168th
Chairman

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

SB 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,

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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.

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 E Beasley-Teague Y Benfield Y Benton Y Black
Bordeaux Y Borders Y Bridges
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
Dollar Y Drenner Y Dukes Y 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 Heard, K 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
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
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 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 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 E 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
Sims, C Y Sims, F Y Sinkfield Y Smith, B
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 Y Williams, E Y Williams, R
Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 154, nays 0.

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2567

The Bill, having received the requisite constitutional majority, was passed.
Representatives Forster of the 3rd, Mangham of the 94th, 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.
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.
The following Committee substitute was read and adopted:
A BILL
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, is amended by striking paragraphs (18) and (19) of subsection (a) of Code Section 32-4-22, relating to the creation of the Developmental Highway System, and inserting in their place the following:
"(18) Power Alley, U.S. 280 from Columbus to Savannah; and (19) SR 125 from its intersection with SR 107 in Ben Hill County (Fitzgerald Bypass) to its intersection with SR 32 in Irwin County; and (20) SR 15 from its intersection with US 441/SR 24 at Watkinsville to its intersection with US 1 in Toombs County."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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The 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 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 Y Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson
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
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 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 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
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 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 E 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 Y Sims, F Y Sinkfield Y Smith, B
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 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 159, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representatives Hudson of the 124th, Stephenson of the 92nd, 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.

TUESDAY, MARCH 15, 2005

2569

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.

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 N Anderson Y Ashe Y Barnard E 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 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
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 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 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 N Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin
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
Parsons Y Porter Y Powell Y Ralston E 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 Y Sims, F Y Sinkfield Y Smith, B
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 Wix Y Yates Richardson, Speaker

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On the adoption of the Resolution, the ayes were 161, nays 2.

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

Representative Wix of the 33rd 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 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.

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

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 Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish

Y Sailor Y 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 Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet

TUESDAY, MARCH 15, 2005

2571

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

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

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, the ayes were 158, nays 1.

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

Representatives Manning of the 32nd 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.

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.

The following Committee substitute was read:

A BILL

To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change provisions relating to disposition of a delinquent child; to provide for certain circumstances under which a child may be ordered to serve time in a youth development center; to change the length of commitment to a youth development center; to provide that the Department of Juvenile Justice or juvenile courts

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establish certain community based alternative 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. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking subsection (b) of Code Section 15-11-66, relating to disposition of a delinquent child, and inserting in lieu thereof the following:
"(b)(1) 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 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 those cases involving: (A) a violation of probation involving another adjudicated delinquent act and upon the court making a finding of fact that the child has failed to respond to the graduated alternative sanctions set forth in paragraph (2) of this subsection; (B) an offense that would be a felony if committed by an adult; or (C) an offense that would be a misdemeanor of a high and aggravated nature if committed by an adult and involving bodily injury or harm or substantial likelihood of bodily injury or harm, in addition to any other treatment or rehabilitation, order the child to serve up to a maximum of 90 60 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. A child ordered to a youth development center under this subsection and detained in a secured facility pending placement in the youth development center shall be given credit for time served in the secured facility awaiting placement. (2) The Department of Juvenile Justice, in conjunction with the Council of Juvenile Court Judges of Georgia, shall establish and monitor a graduated alternative sanctions program for children on probation. The graduated alternative sanctions program shall be implemented in each judicial circuit in consultation with the judge of the juvenile court. The graduated alternative sanctions program may include, but shall not be limited to, community service, electronic monitoring, increased reporting or intensive supervision, home confinement, day or evening reporting centers, or treatment intervention."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

TUESDAY, MARCH 15, 2005

2573

The following amendment was read:

Representative Rogers of the 26th moves to amend the Committee substitute to SB 134 by striking lines 23 and 24 of page 1 and inserting in lieu thereof the following:

"may in its discretion in those cases involving: (A) a violation of probation and upon the court making a finding of fact that the".

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

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

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

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

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

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

On the adoption of the amendment, the ayes were 37, nays 128.

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The amendment was lost.

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.

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 E Barnes Y Bearden E Beasley-Teague Y Benfield N Benton N Black N Bordeaux Y Borders 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
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
Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene N Hanner N Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree E Henson E Hill, C Y Hill, C.A

Y Holmes N Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley N Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J
Jones, S Y Jordan Y Keen N 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 N 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 Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston E Randall
Ray Y Reece, B N Reece, S Y Reese Y Rice Y Roberts N Rogers Y Royal Y Rynders

Y Sailor Y Scheid N 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 N 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

TUESDAY, MARCH 15, 2005

2575

On the passage of the Bill, by substitute, the ayes were 148, nays 18.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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.
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.
The following Committee substitute was read and withdrawn:
A BILL
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 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 and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required, is amended by striking paragraphs (16) and (17) of subsection (a) and inserting in lieu thereof new paragraphs (16), (17), and (18) to read as follows:
"(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' 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

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JOURNAL OF THE HOUSE

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 (17) Records of athletic or recreational programs, available through the state or a political subdivision of the state, that include information identifying a child or children 12 years of age or under by name, address, telephone number, or emergency contact, unless such identifying information has been redacted; or (18) Records obtained by the State Road and Tollway Authority in connection with its operation of a toll project, to the extent that such records would reveal the financial accounts or travel history of any individual who is a motorist upon such toll project. Such financial records shall include, but not be limited to social security number, home address, home telephone number, e-mail address, credit or debit card information, and bank account information but shall not include the users name."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all requests for copies of records or to inspect records filed or submitted on or after such date and that are pending on such date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Willard of the 49th, was read:
A BILL
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 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 and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required, is amended by striking paragraphs (16) and (17) of subsection (a) and inserting in lieu thereof new paragraphs (16), (17), and (18) to read as follows:
"(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' system, as defined in paragraph (3) of

TUESDAY, MARCH 15, 2005

2577

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 (17) Records of athletic or recreational programs, available through the state or a political subdivision of the state, that include information identifying a child or children 12 years of age or under by name, address, telephone number, or emergency contact, unless such identifying information has been redacted; or (18) Records of the State Road and Tollway Authority which would reveal the financial accounts or travel history of any individual who is a motorist upon such toll project. Such financial records shall include, but not be limited to social security number, home address, home telephone number, e-mail address, credit or debit card information, and bank account information but shall not include the users name."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all requests for copies of records or to inspect records filed or submitted on or after such date and that are pending on such date.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and withdrawn:

Representative Lunsford of the 110th moves to amend the Floor Substitute to SB 121 as follows:

Page 1 Line 13 change '911' to "9-1-1"

The Floor substitute was adopted.

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

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

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 E May Y McCall E McClinton

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

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Y Barnard E Barnes N 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 Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

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 E Hill, C Y Hill, C.A

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 E Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y 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 Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston E Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts N 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 165, nays 2.

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

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

TUESDAY, MARCH 15, 2005

2579

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.

The following amendment was read:

Representatives Hatfield of the 177th and Bordeaux of the 162nd move to amend SB 100 as follows:

Page 4, line 4: Strike "used or intended for use in the course of,". Line 5: Strike the comma following "from".

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

N Abdul-Salaam N Amerson N Anderson N Ashe N Barnard E Barnes N Bearden E Beasley-Teague N Benfield N Benton N Black Y Bordeaux Y Borders N Bridges N Brooks N Brown N Bruce N 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 N Cole N Coleman, B
Coleman, T N Cooper N Cox

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

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

N Maxwell N May N McCall E McClinton N Meadows N Millar N Miller N Mills Y Mitchell Y Morgan N Morris N Mosby Y Mosley N Mumford N Murphy, J N Murphy, Q N Neal N Oliver N O'Neal N Orrock
Parham N Parrish E Parsons N Porter N Powell N Ralston E Randall N Ray
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 N Sims, C N Sims, F Y Sinkfield N Smith, B N Smith, L
Smith, P N Smith, R N Smith, T N Smith, V N Smyre N Stanley-Turner N Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M N Thomas, B N Tumlin N Walker N Warren Y Watson N Wilkinson N Willard
Williams, A N Williams, E N Williams, R Y Wix N Yates
Richardson, Speaker

2580

JOURNAL OF THE HOUSE

On the adoption of the amendment, the ayes were 24, nays 140.

The amendment was lost.

The following amendments were read and adopted:

Representatives Hatfield of the 177th and Bordeaux of the 162nd move to amend SB 100 as follows:

On p. 3, line 7 delete "or endeavors".

Representatives Bordeaux of the 162nd and Davis of the 109th move to amend SB 100 as follows:

On p. 3, line 5 delete the "or" which appears after "knew".

Representatives Lindsey of the 54th and Mills of the 25th move to amend SB 100 by inserting between lines 11 and 12 on page 3 the following:

"An offense of residential mortgage fraud shall not be predicated solely upon information lawfully disclosed under federal disclosure laws, regulations, and interpretations related to the mortgage lending process."

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 Y Anderson Y Ashe Y Barnard E 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 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 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 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

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
Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner

TUESDAY, MARCH 15, 2005

2581

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

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 Y Heard, K Y Heckstall Y Hembree Y Henson E 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 Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y O'Neal Y Orrock
Parham Y Parrish E Parsons Y Porter Y Powell Y Ralston E 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 Y 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.

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

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.

On the ordering of the previous question, 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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JOURNAL OF THE HOUSE

Y Anderson Y Ashe Y Barnard E Barnes Y Bearden E Beasley-Teague
Benfield Y Benton Y Black Y Bordeaux Y Borders
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 Y Carter
Casas Y Chambers Y Channell
Cheokas Y Coan Y Cole
Coleman, B 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
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 E Hill, C Y Hill, C.A

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 N Lakly 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 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
Parham Y Parrish E Parsons Y Porter Y Powell Y Ralston E 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
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 motion, the ayes were 155, nays 2.

The previous question was ordered.

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.

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 N Davis Y Day

Y Holmes Holt
Y Horne Y Houston

Y Maxwell Y May Y McCall E McClinton

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

TUESDAY, MARCH 15, 2005

2583

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

Y Dean Y Dickson E Dodson N Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd
Forster 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 E Hill, C Y Hill, C.A

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 N 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 Meadows Y Millar Y Miller
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
Parham Y Parrish E Parsons Y Porter Y Powell Y Ralston E Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts
Rogers Y Royal Y Rynders

Y Setzler Shaw
Y Sheldon Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L
Smith, P 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, the ayes were 147, nays 7.

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

Today I am voting against HB 806 because this local legislation was neither discussed in a delegation meeting nor a county commission meeting. There is not a resolution of support from the county commission.

Rep. Gail Buckner of the 76th

The following Resolutions of the House were read and adopted:

HR 572. By Representatives Benton of the 31st and McCall of the 30th:

A RESOLUTION recognizing Lebanon United Methodist Church on the occasion of its 170th anniversary; and for other purposes.

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JOURNAL OF THE HOUSE

HR 573. By Representatives Benton of the 31st and McCall of the 30th:
A RESOLUTION commending Janet Schwartz; and for other purposes.
HR 574. By Representatives Benton of the 31st and McCall of the 30th:
A RESOLUTION commending Steve Savage; and for other purposes.
HR 575. By Representatives Benton of the 31st and McCall of the 30th:
A RESOLUTION commending Benjamin Daniel Wilson; and for other purposes.
HR 576. By Representatives Benton of the 31st and McCall of the 30th:
A RESOLUTION commending Christopher Pierce Nelms; and for other purposes.
HR 577. By Representatives Parham of the 141st, Carter of the 159th, Stephens of the 164th, Parrish of the 156th, Lane of the 167th and others:
A RESOLUTION remembering and honoring the life of Mrs. Dora L. Lane; and for other purposes.
HR 578. By Representatives Barnes of the 78th, Warren of the 122nd, Burns of the 157th, Porter of the 143rd, Jamieson of the 28th and others:
A RESOLUTION honoring Mr. Bill Lester and welcoming him to the Georgia state capitol; and for other purposes.
HR 579. By Representatives Barnes of the 78th, Warren of the 122nd, Burns of the 157th, Jamieson of the 28th, Teilhet of the 40th and others:
A RESOLUTION honoring Bill Elliott for his amazing racing career; and for other purposes.
HR 580. By Representatives Barnes of the 78th, Warren of the 122nd, Burns of the 157th, Porter of the 143rd, Jamieson of the 28th and others:
A RESOLUTION designating March 16, 2005, as Atlanta Motor Speedway Day at the state capitol; and for other purposes.

TUESDAY, MARCH 15, 2005

2585

HR 581. By Representatives Barnes of the 78th, Warren of the 122nd, Burns of the 157th, Porter of the 143rd, Jamieson of the 28th and others:
A RESOLUTION honoring Mr. Terry Cook and welcoming him to the Georgia state capitol; and for other purposes.
HR 582. By Representatives Benton of the 31st and McCall of the 30th:
A RESOLUTION commending Dustin Allan LeBarge; and for other purposes.
HR 583. By Representatives Benton of the 31st and McCall of the 30th:
A RESOLUTION remembering and honoring the life of Mr. William M. Barnett; and for other purposes.
HR 584. By Representatives Benton of the 31st and McCall of the 30th:
A RESOLUTION commending Chris Embrick; and for other purposes.
HR 585. By Representatives Jordan of the 77th, Bruce of the 64th, Buckner of the 76th, Sinkfield of the 60th, Williams of the 89th and others:
A RESOLUTION remembering and honoring the life of Travon Wilson; and for other purposes.
HR 586. By Representative Tumlin of the 38th:
A RESOLUTION recognizing and commending the Marietta High School girls basketball team; and for other purposes.
HR 587. By Representatives Jackson of the 161st, Bryant of the 160th and Stephens of the 164th:
A RESOLUTION honoring Reverend Jesse Allen Blackshear; and for other purposes.
HR 588. By Representatives Jackson of the 161st, Bryant of the 160th and Stephens of the 164th:
A RESOLUTION recognizing and congratulating Reverend Willie Gwyn; and for other purposes.

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JOURNAL OF THE HOUSE

HR 589. By Representatives Hugley of the 133rd, Smyre of the 132nd and Buckner of the 130th:
A RESOLUTION honoring Mrs. Pat Hugley Green and naming her an Outstanding Woman on the Rise; and for other purposes.
HR 590. By Representatives Jackson of the 161st, Bryant of the 160th and Stephens of the 164th:
A RESOLUTION recognizing and congratulating Reverend Robert L. Plummer; and for other purposes.
HR 591. By Representatives Jackson of the 161st and Stephens of the 164th:
A RESOLUTION commending Pastor Nathaniel Small, Sr.; and for other purposes.
HR 592. By Representative Parrish of the 156th:
A RESOLUTION honoring Dr. Willie D. Gunn for his dedicated service to East Georgia College; and for other purposes.
HR 593. By Representatives Jordan of the 77th, Bruce of the 64th, Buckner of the 76th, Sinkfield of the 60th, Williams of the 89th and others:
A RESOLUTION recognizing and commending Helen Denton for her many years of outstanding military and public service; and for other purposes.
HR 594. By Representatives Murphy of the 120th and Howard of the 121st:
A RESOLUTION commending Brandon Victor McQueen; and for other purposes.
HR 595. By Representatives Jackson of the 161st, Bryant of the 160th and Stephens of the 164th:
A RESOLUTION commending Reverend Matthew Southall Brown; and for other purposes.
HR 596. By Representatives Jackson of the 161st, Bryant of the 160th and Stephens of the 164th:

TUESDAY, MARCH 15, 2005

2587

A RESOLUTION recognizing and commending Reverend Dr. William Franklin Stokes II; and for other purposes.
HR 597. By Representative Butler of the 18th:
A RESOLUTION commending the Carrollton High School Competitive Cheerleading Squad and its coaches on their Class AAA State Championship; and for other purposes.
HR 598. By Representative Knight of the 126th:
A RESOLUTION remembering and honoring the life of Mrs. Carrie B. Keith; and for other purposes.
HR 599. 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.
HR 600. By Representative Reece of the 11th:
A RESOLUTION commending Mrs. Clemmie Adams Black for her spirit of volunteerism; and for other purposes.
HR 601. By Representative Holt of the 112th:
A RESOLUTION recognizing and commending Operation Sandbox GA, its co-founders, Julie and Virginia Pearson, and the members of Park Place Baptist Church in Snellville, Georgia; and for other purposes.
HR 602. By Representatives Heckstall of the 62nd, Holmes of the 61st, Bruce of the 64th, Lakly of the 72nd, Keen of the 179th and others:
A RESOLUTION honoring the exceptional life and expressing sorrow upon the tragic passing of Judge Rowland W. Barnes; and for other purposes.
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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:

2588

JOURNAL OF THE HOUSE

HR 415 Do Pass

Respectfully submitted, /s/ Yates of the 73rd
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 Senate and has instructed me to report the same back to the House with the following recommendation:

SB 119 Do Pass

Respectfully submitted, /s/ Lane of the 158th
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 Bills and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 56 Do Pass SB 90 Do Pass, by Substitute

SB 173 Do Pass SR 294 Do Pass

Respectfully submitted, /s/ Cooper of the 41st
Chairman

Representative Hembree of the 67th District, Chairman of the Committee on Higher Education, submitted the following report:

Mr. Speaker:

TUESDAY, MARCH 15, 2005

2589

Your Committee on Higher Education has had under consideration the following Bill and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HR 442 Do Pass SB 43 Do Pass

Respectfully submitted, /s/ Hembree of the 67th
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 Senate and has instructed me to report the same back to the House with the following recommendations:

SB 81 SB 166 SB 167 SB 174

Do Pass Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute

SB 217 Do Pass SB 225 Do Pass SB 236 Do Pass, by Substitute

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 Senate and has instructed me to report the same back to the House with the following recommendations:

SB 52 Do Pass, by Substitute SB 155 Do Pass, by Substitute

SB 203 Do Pass, by Substitute SB 253 Do Pass

Respectfully submitted, /s/ Willard of the 49th
Chairman

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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 of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 27 Do Pass SB 28 Do Pass

SB 117 Do Pass SB 273 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, pursuant to the adjournment Resolution previously adopted by the House and Senate, until 10:00 A.M., Thursday, March 17, 2005.

THURSDAY, MARCH 17, 2005

2591

Representative Hall, Atlanta, Georgia

Thursday, March 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:

Amerson Ashe Barnard E Barnes Bearden E Beasley-Teague Benton Black E Borders Bridges Brooks Bruce Bryant Buckner, D Buckner, G Burkhalter Burns Byrd Carter Casas Chambers Cheokas Cole Cox Cummings

Davis Dickson E Dodson Dollar England Fleming Floyd, H Floyd, J Forster Franklin Freeman Gardner Geisinger Graves, D E Graves, T Greene Hatfield Heard, J Heard, K E Heckstall Hembree E Hill, C Holt Horne Howard

Hugley Jacobs James Jamieson Jenkins Jennings Johnson Jones, J Jones, S E Jordan Keen Keown Kidd Knight Lakly Lane, B Lane, R Lewis Lindsey Lord Maddox Manning Martin Maxwell

May E McClinton
Meadows Mills Mitchell Mosby Mosley Mumford Murphy, J Murphy, Q Neal Parham Parrish Parsons Ralston Randall Ray Reece, S Reese Rice Roberts Rogers Royal Rynders

Scott, A Scott, M Setzler Shaw Sheldon Sims, F Smith, B Smith, L Smith, P Smith, T E Smith, V Smyre Stephens Talton Teilhet Thomas, B 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 Abdul-Salaam of the 74th, Anderson of the 123rd, Bordeaux of the 162nd, Brown of the 69th, Burmeister of the 119th, Channell of the 116th, Coleman of the 144th, Coleman of the 97th, Crawford of the 127th, Dean of the 59th, Drenner of the 86th, Dukes of the 150th, Ehrhart of the 36th, Epps of the 128th, Fludd of the 66th, Golick of the 34th, Hanner of the 148th, Harbin of the 118th, Hill of the 180th, Holmes of the 61st, Houston of the 170th, Hudson of the 124th, Jackson of the 161st, Loudermilk of the 14th, Lucas of the 139th, Mangham of the 94th, Marin of the 96th, Millar of the 79th, Miller of the 106th, Morgan of the 39th, Morris of the 155th, O`Neal of the 146th, Orrock of the 58th, Powell of the 29th, Reece of the 11th, Sailor of the 93rd, Scheid of the 22nd, Sims of the 169th, Sinkfield of the 60th, Smith of the 131st, Stanley-Turner of the 53rd, Stephenson of the 92nd, Thomas of the 55th, Tumlin of the 38th, Walker of the 107th, Willard of the 49th, and Wix of the 33rd.

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They wish to be recorded as present.
Prayer was offered by the Reverend Marlon Scott, Immanuel Christian Community Church, Columbia, 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 828. By Representatives Fleming of the 117th, Harbin of the 118th and Burmeister of the 119th:
A BILL to be entitled an Act to make provisions for the Magistrate Court of Columbia County; to provide for qualifications for the office of chief magistrate and magistrate; to provide for exceptions; to provide for 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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2593

HB 829. 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 830. By Representative Ray of the 136th:
A BILL to be entitled an Act to create a board of elections and registration for Crawford County and 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 personnel, including a chief election official, and compensation; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 831. By Representatives Warren of the 122nd, Howard of the 121st, Murphy of the 120th and Anderson of the 123rd:
A BILL to be entitled an Act to amend an Act establishing the compensation of certain officials in Richmond County, approved April 12, 1982 (Ga. L. 1982, p. 3941), as amended, particularly by an Act approved February 4, 2002 (Ga. L. 2002, p. 3505), so as to provide for the compensation of certain officials in Richmond County; to provide for conforming amendments; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 832. By Representatives McCall of the 30th and Hudson of the 124th:
A BILL to be entitled an Act to amend Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to approval of physicians

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assistants, so as to provide for actions of such assistants with regard to professional samples; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 833. By Representatives Lunsford of the 110th, Knight of the 126th, Yates of the 73rd, Talton of the 145th, Loudermilk of the 14th 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 that the Georgia Procurement Registry, shall be the official legal organ for advertisement of certain bid opportunities for goods and services and public works construction contracts by a municipal corporation, county, or local board of education; to require advertisement of certain bid opportunities by local government entities via the Georgia Procurement Registry; to provide that advertisement via the Georgia Procurement Registry shall be at no cost to local government entities; 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 Governmental Affairs.
HB 834. By Representatives Roberts of the 154th, Royal of the 171st, Floyd of the 147th, McCall of the 30th, Lane of the 158th and others:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption regarding the sale of liquefied petroleum gas or other fuel used for certain swine raising purposes; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 835. By Representatives Brown of the 69th and Smith of the 70th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Heard County, approved April 4, 1991 (Ga. L. 1991, p. 3976), as amended, particularly by an Act approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 479), so as to provide for the election of members of the board of commissioners and the county chairman 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.

THURSDAY, MARCH 17, 2005

2595

Referred to the Committee on State Planning & Community Affairs - Local.
HB 836. By Representative Bridges of the 10th:
A BILL to be entitled an Act to amend an Act providing for the election of the members of the board of education of Habersham County, approved March 5, 1976 (Ga. L. 1976, p. 2708), as amended, so as to provide for the compensation of the members of such board; 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 837. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to create the Stephens County School Building 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, charges, and earnings of the authority, contract payments to the authority, and other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, 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 fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; 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 838. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to amend an Act creating the Banks County Family Connection Commission, approved April 13, 2001 (Ga. L. 2001, p. 4134), so as to change the membership of the commission; to change certain provisions requiring an oath of office; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 839. By Representatives Fleming of the 117th, Harbin of the 118th and Burmeister of the 119th:

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JOURNAL OF THE HOUSE

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 effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 840. By Representatives Setzler of the 35th, Tumlin of the 38th, Teilhet of the 40th, Cooper of the 41st, 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 30, 2003 (Ga. L. 2003, p. 4373), so as to change the provisions relating to the corporate limits of said city; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 568. By Representatives Barnes of the 78th, Warren of the 122nd, Burns of the 157th, Porter of the 143rd, Jamieson of the 28th and others:
A RESOLUTION urging that the future NASCAR Hall of Fame and museum be located in Atlanta, Georgia; and for other purposes.
Referred to the Committee on Special Rules.
HR 570. By Representatives Buckner of the 76th, Reece of the 11th, Amerson of the 9th, Jenkins of the 8th, Lunsford of the 110th and others:
A RESOLUTION recognizing Bill Elliott and designating an annual Bill Elliott Day in Georgia; and for other purposes.
Referred to the Committee on Special Rules.
HR 571. By Representative Scott of the 153rd:
A RESOLUTION commending Mr. Harry H. Eason and designating the "Harry H. Eason Bridge"; and for other purposes.

THURSDAY, MARCH 17, 2005

2597

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 844. By Representative Coleman of the 144th:

A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Dodge County, approved March 6, 1996 (Ga. L. 1996, p. 3507), as amended, so as to reapportion the education districts for election of the members of said board of education; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

HB 845. By Representatives 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.

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

HB 816 HB 817 HB 818 HB 819 HB 820 HB 821 HB 822

HB 823 HB 824 HB 825 HB 826 HB 827 HR 536 HR 537

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 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 518 Do Pass
Respectfully submitted, /s/ Manning of the 32nd
Chairman
Representative Fleming of the 117th District, Chairman of the Committee on Civil Justice Reform, submitted the following report:
Mr. Speaker:
Your 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 19 Do Pass, by Substitute
Respectfully submitted, /s/ Fleming of the 117th
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 and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 103 Do Pass SB 144 Do Pass SR 23 Do Pass, by Substitute
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:

THURSDAY, MARCH 17, 2005

2599

Your Committee on Judiciary Non-civil has had under consideration the following Bills and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 6 SB 57 SB 106 SB 135 SB 136

Do Pass Do Pass, by Substitute Do Pass Do Pass, by Substitute Do Pass, by Substitute

SB 175 SB 196 SB 254 SB 269 SR 161

Do Pass Do Pass, by Substitute Do Pass Do Pass, by Substitute 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:

Mr. Speaker:

Your Committee on Motor Vehicles 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:

SB 168 Do Pass, by Substitute

Respectfully submitted, /s/ Rice of the 51st
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 Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HR 494 Do Pass SB 122 Do Pass, by Substitute SB 190 Do Pass, by Substitute

SB 277 Do Pass SB 283 Do Pass

Respectfully submitted,

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JOURNAL OF THE HOUSE

/s/ Smith of the 70th 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 Senate and has instructed me to report the same back to the House with the following recommendation:

SB 308 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 Senate and has instructed me to report the same back to the House with the following recommendations:

SB 95 Do Pass, by Substitute SB 110 Do Pass, by Substitute SB 145 Do Pass

SB 224 Do Pass, by Substitute SB 287 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 Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

THURSDAY, MARCH 17, 2005

2601

SB 161 Do Pass SB 284 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 321 Do Pass HR 516 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 and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 62 Do Pass SR 298 Do Pass
Respectfully submitted, /s/ Amerson of the 9th
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 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 667 Do Pass, by Substitute SB 158 Do Pass, by Substitute SR 80 Do Pass, by Substitute

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JOURNAL OF THE HOUSE

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 - 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 708 Do Pass HB 756 Do Pass, as Amended HB 761 Do Pass

HB 783 Do Pass HB 810 Do Pass HB 811 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 Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 160 Do Pass SB 231 Do Pass SB 267 Do Pass

SB 270 Do Pass, by Substitute SR 81 Do Pass

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

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

HOUSE RULES CALENDAR THURSDAY, MARCH 17, 2005

THURSDAY, MARCH 17, 2005

2603

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 34th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule SB 53
SB 133
SB 146

Paternity; petition of legitimation of child; provide consent of mother/father Fireworks; definitions; certain combustible compositions; prohibit sale to 16 year olds; penalty GBI; change director's title; Antiterrorism Task Force; change certain prov.

Modified Open Rule None

Modified Structured Rule None

Structured Rule

SR 54

"Future of Georgia Forestry"; Joint Study Committee; create

SR 67

CA: Fishing/Hunting; managed by law/regulation

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 708. By Representatives Jackson of the 161st, Bryant of the 160th, Bordeaux of the 162nd and Stephens of the 164th:

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.

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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.
HB 756. By Representatives Bearden of the 68th, Butler of the 18th and Maxwell of the 17th:
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.
The following amendment was read and adopted:
The Committee on State Planning and Community Affairs - Local Legislation moves to amend HB 756 on line 21 of page 24 by striking "2009" and inserting "2005".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
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.

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2605

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 810. By Representative Greene of the 149th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the board of education of Seminole County, approved March 14, 1983 (Ga. L. 1983, p. 3994), as amended, so as to change certain provisions relating to compensation of 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 811. By Representative Jenkins of the 8th:
A BILL to be entitled an Act to create the Union County Building Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for revenue bonds and their negotiability, sale, and use of proceeds from such sales; to provide for supplemental powers; to provide for effect on other governments; to provide for liberal construction; to provide for severability and an effective date; to repeal conflicting laws; and for other purposes.
The following substitute, offered by Representative Jenkins of the 8th, was read and adopted:

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JOURNAL OF THE HOUSE

A BILL
To create the Union County Building Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for revenue bonds and their negotiability, sale, and use of proceeds from such sales; to provide for condition for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and sinking fund; to provide for payment of bond proceeds; to provide for bondholder remedies and protection; to provide for refunding bonds; to provide for bond validation; to provide for venue and jurisdiction; to provide for trust funds; to provide for authority purpose; to provide for charges; to provide for rules and regulations; to provide for tort immunity; to provide for tax exemptions and exemptions from levy and sale; to provide for supplemental powers; to provide for effect on other governments; to provide for liberal construction; to provide for severability and an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Short title.
This Act may be cited as the "Union County Building Authority Act."
SECTION 2. Union County Building Authority created.
There is hereby created a body corporate and politic to be known as the Union County Building Authority (herein called the "authority"), which shall be deemed to be a public corporation by that name, style, and title to be known. Such corporation shall be separate and distinct from any public corporation heretofore created by the General Assembly and shall be an instrumentality of the State of Georgia exercising governmental powers. All property owned by such corporation shall be public property held and owned for governmental purposes and shall be exempt from taxation.
SECTION 3. General powers.
The authority shall have the power: (1) To hold, own, and convey real and personal property; (2) To sue and be sued; (3) To have and to use a seal and to alter the same at pleasure;

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(4) To acquire, construct, purchase, own, equip, operate, extend, improve, lease, and sell any project as hereinafter defined; (5) To exercise the powers conferred upon a "public corporation" or a "public authority" by Article IX, Section III, Paragraph I of the Constitution of Georgia, such authority being hereby expressly declared to be a "public corporation" or a "public authority" within the meaning of such provision of the Constitution of Georgia; (6) To acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper. If the authority shall deem it expedient to construct any project on lands which are subject to the control of Union County, Georgia, Union County, Georgia, is authorized to convey such lands to the authority for such consideration as may be agreed upon by the authority and Union County, Georgia, taking into consideration the public benefit to be derived from such conveyance; (7) To accept gifts and bequests for its corporate purposes; (8) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and to fix their compensation; (9) To make and execute with public and private persons and corporations contracts, lease agreements, rental agreements, installment sale agreements, and other instruments relating to its projects and incident to the exercise of the powers of the authority, including contracts for constructing, renting, leasing, and selling its projects for the benefit of Union County, Georgia; and, without limiting the generality of the foregoing, authority is specifically granted to Union County, Georgia, to enter into contracts, lease agreements, rental agreements, installment sale agreements, and related agreements with the authority for a term not exceeding 50 years; (10) To sell or assign its rights under its contracts, lease agreements, or installment sale agreements or its right to receive payments thereunder, either directly or through trust or custodial arrangements whereby interests are created in such contracts, lease agreements, or installment sale agreements or the payments to be received thereunder through the issuance of trust certificates, certificates of participation, custodial receipts, or other similar instruments; (11) To accept loans and grants of money or property of any kind from the United States, the State of Georgia, or any political subdivision of the State of Georgia; (12) To borrow money for any of its corporate purposes and to issue revenue bonds payable solely from funds or revenues of the authority pledged for that purpose and to pledge and assign any of its revenues, income, rent, charges, and fees to provide for the payment of the same and to provide for the rights of the holders of such revenue bonds; and (13) To make such rules and regulations governing its employees and property as it may in its discretion deem proper.
SECTION 4. Membership.

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The authority shall consist of five members who shall be residents of Union County, Georgia, who shall be eligible to succeed themselves, and who shall be appointed by the commissioner of Union County, Georgia. The commissioner shall not be eligible to be appointed to or serve on the authority. The members of the authority shall hold office for terms of four years and until their successors shall be appointed; provided, however, that of the original members appointed to the authority, three shall be appointed for terms of one year each and two shall be appointed for terms of three years. Upon the expiration of each of such initial terms, the successors shall be appointed for terms of four years. Any vacancy on the authority shall be filled for the unexpired term by the commissioner. Immediately after their appointment, the members of the authority shall enter upon their duties. Three members of the authority shall constitute a quorum, and no vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority and, in every instance, a majority vote of a quorum shall authorize any legal act of the authority, including all things necessary to authorize and issue revenue bonds. The authority shall elect one of its members as chairperson and shall elect a secretary and treasurer who need not necessarily be a member of the authority. The members of the authority shall not be entitled to compensation for their services but shall be entitled to and shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The authority shall make rules and regulations for its own government. It shall have perpetual existence. Any change in name or composition of the authority shall in no way affect the vested rights of any person under the provisions of this Act or impair the obligations of any contracts existing under this Act.
SECTION 5. Definitions.
As used in this Act, the following words and terms shall have the following meanings unless a different meaning clearly appears from the context:
(1) "Authority" shall mean the Union County Building Authority created in Section 2 of this Act. (2) "Project" shall mean and include real and personal property, including buildings and related facilities and equipment, which are necessary or convenient for the efficient operation of Union County, Georgia. (3) "Cost of the project" shall include the cost of construction, the cost of all lands, properties, rights, easements, and franchises acquired, the cost of buildings, improvements, materials, labor, and services contracted for, the cost of all machinery and equipment, financing charges, interest prior to and during construction and for one year after the completion of construction, engineering, architectural, fiscal, accounting, inspection, and legal expenses, cost of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the acquisition, construction, renovation, reconstruction, or remodeling of any project, the placing of the same in operation, and

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the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of any funds of the authority, including proceeds of any revenue bonds issued under the provisions of this Act for any such project or projects and the proceeds of the sale of any contracts, lease agreements, or installment sale agreements or the amounts payable thereunder, either directly or by the creation of interests therein. (4) "Revenue bonds" shall mean revenue bonds issued by the authority pursuant to the terms of this Act and Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law." (5) Any project shall be deemed "self-liquidating" if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom and all properties used, leased, and sold in connection therewith will be sufficient to pay the cost of operating, maintaining, and repairing the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.
SECTION 6. Revenue bonds.
The authority shall have power and is hereby authorized from time to time to provide by resolution for the issuance of negotiable revenue bonds in the manner provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law," for the purpose of paying all or any part of the cost of any one or more projects, including the cost of constructing, reconstructing, equipping, extending, adding to, or improving any such project, or for the purpose of refunding, as herein provided, any such bonds of the authority previously issued. The principal of and interest on such revenue bonds shall be payable solely from such part of the revenues and earnings of such project or projects as may be designated in the resolution of the authority authorizing the issuance of such revenue bonds. The revenue bonds of each issue shall be issued and validated under and in accordance with the provisions of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law."
SECTION 7. Revenue bonds; negotiability and exemption from taxation.
All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of this state. Such bonds are declared to be issued for an essential public and governmental purpose and such bonds and the income thereof shall be exempt from all taxation within this state.
SECTION 8. Credit not pledged.

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Revenue bonds issued under the provisions of this Act shall not constitute a debt or a pledge of the faith and credit of the State of Georgia or of Union County, Georgia, but such bonds shall be payable solely from such part of the revenues and earnings of such project or projects as may be designated in the resolution of the authority authorizing the issuance of such bonds. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the State of Georgia or Union County, Georgia, to levy or to pledge any form of taxation whatever for the payment thereof. No holder of any bond or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of the State of Georgia or Union County, Georgia, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon any such property. All such bonds shall contain on their face a recital setting forth substantially the foregoing provisions of this section. Union County, Georgia, however, may obligate itself to pay the amounts required under any contract entered into with the authority from funds received from taxes to be levied and collected for that purpose to the extent necessary to pay the obligations contractually incurred with the authority, and from any other source; and the obligation to make such payments shall constitute a general obligation and a pledge of the full faith and credit of Union County, Georgia, but shall not constitute a debt of Union County, Georgia, within the meaning of the Constitution of the State of Georgia, Article IX, Section V, Paragraph I; and, when Union County, Georgia, contracts with the authority to make such payments from taxes to be levied for that purpose, then the obligation shall be mandatory to levy and collect such taxes from year to year in an amount sufficient to fulfill and fully comply with the terms of such contract.
SECTION 9. Revenue bonds; trust indenture as security.
In the discretion of the authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State of Georgia. Such trust indenture may pledge or assign fees, tolls, rents, revenues, and earnings to be received by the authority, including the proceeds derived from the sale or lease, from time to time, of any project. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition and construction of any project, the maintenance, operation, repair, and insurance of any project, and the custody, safeguarding and application of all moneys, including the proceeds derived from the sale or lease of any project, and may also provide that any project shall be acquired and constructed under the supervision and approval of consulting engineers or architects employed or designated by the authority and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the

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bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds pledging all or any part of the revenues and earnings of such project or projects may be issued. Such indenture may set forth the rights and remedies of the bondholders and of the trustee. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.
SECTION 10. Revenue bonds; sinking fund.
The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such revenues, fees, tolls, and earnings were produced by a particular project for which bonds have been issued, and any moneys derived from the sale of any properties, both real and personal, of the authority, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust indenture may provide, and such funds so pledged, from whatever source received, which such pledge may include funds received from one or more or all sources not previously pledged and allocated, shall be set aside at regular intervals, as may be provided in the resolution or trust indenture, into a sinking fund, which such sinking fund shall be pledged to and charged with the payments of:
(1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) The necessary charges of any paying agent or agents for paying principal and interest; and (4) Any premium upon bonds retired by call or purchase. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds issued pursuant to such resolution or trust indenture without distinction or priority of one over another.
SECTION 11. Revenue bonds; refunding bonds.
The authority is hereby authorized to provide by resolution for the issuance of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and any premium required for the payment of such bonds prior to maturity. The issuance of such revenue bonds and all the details thereof, the rights of the holders

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thereof, and the duties of the authority with respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.
SECTION 12. Venue; jurisdiction; service.
The principal office of the authority shall be in Union County, Georgia, and the venue of any action against it shall be in Union County. Any action pertaining to the validation of any bonds issued under the provisions of this Act and for the validation of any contract entered into by the authority shall be brought in the Superior Court of Union County, and such court shall have exclusive original jurisdiction of such actions. Service upon the authority of any process, subpoena, or summons shall be effected by serving the same personally upon any member of the authority.
SECTION 13. Revenue bonds; validation.
Revenue bonds of the authority shall be confirmed and validated in accordance with the procedure now or hereafter set forth in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law," as the same now exists or may hereafter be amended. The petition for validation shall also make a party defendant to such action Union County, Georgia, if such county has or will contract with the authority with respect to the project for which bonds are to be issued and are sought to be validated, and Union County, Georgia, shall be required to show cause, if any exists, why such contract and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract adjudicated as security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to the validity of such bonds against the authority, and the validity of the contract and of the terms and conditions thereof, when validated, and the judgment of validation shall be final and conclusive against Union County, Georgia, if it be a party to the validation proceeding as herein provided for.
SECTION 14. Interest of bondholders and holders of interests
in authority contracts protected.
While any of the bonds issued by the authority or any interests in contracts of the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds or such interests in contracts of the authority. The provisions of this section of this Act shall be for the benefit of the authority and of the holders of any such bonds and interests in contracts of

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the authority and, upon the issuance of bonds or the creation of interests in contracts of the authority under the provisions of this Act, shall constitute a contract with the holders of such bonds or such interests in contracts of the authority.
SECTION 15. Moneys received considered trust funds.
All moneys received by the authority pursuant to this Act, whether as proceeds from the sale of revenue bonds or contracts of the authority, as grants or other contributions, or as revenues, income, fees, and earnings, shall be deemed to be the trust funds to be held and applied solely as provided in this Act and in such resolutions and trust indentures as may be adopted and entered into by the authority pursuant to this Act.
SECTION 16. Rates, charges, and revenues of projects.
The authority is hereby authorized to prescribe and fix and collect rates, fees, tolls, rents, and charges and to revise, from time to time, and collect such revised rates, fees, tolls, rents, and charges for the services, facilities, or commodities furnished, including leases, concessions, or subleases of its projects, and to determine the price and terms at and under which its projects may be sold.
SECTION 17. Exemption from taxation.
The exercise of the powers conferred upon the authority hereunder shall constitute an essential governmental function for a public purpose and the authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation and maintenance of property acquired by it or of buildings erected or acquired by it or any fees, rentals, or other charges for the use of such property or buildings or other income received by the authority. The tax exemption herein provided shall not include an exemption from sales and use tax on property purchased by or for the use of the authority.
SECTION 18. Immunity from tort actions.
The authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia, and the officers, agents, and employees of the authority, when in performance of work of the authority, shall have the same immunity and exemption from liability for torts and negligence as officers, agents, and employees

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of the State of Georgia. The authority may be sued the same as any private corporations on any contractual obligation of the authority.
SECTION 19. Property not subject to levy and sale.
The property of the authority shall not be subject to levy and sale under legal process.
SECTION 20. Scope of operations.
The scope of the authoritys operation shall be limited to the territory embraced within the territorial limits of Union County, as the same now or may hereafter exist.
SECTION 21. Powers declared supplemental and additional.
This Act does not in any way take away from the authority any power which may be conferred upon it by law but is supplemental thereto.
SECTION 22. Authority without taxing power.
The authority shall not have the right to impose any tax on any person or property.
SECTION 23. Liberal construction of Act.
This Act shall be liberally construed to effect the purposes hereof.
SECTION 24. Effect of partial invalidity of Act.
Should any sentence, clause, phrase, or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect the remainder of this Act or any part hereof, other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full force and effect, and it is the express intention of this Act to enact each provision of this Act independently of any other provision hereof.
SECTION 25. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 26. Repeal.

All laws and parts of laws in conflict herewith are hereby repealed.

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

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 Ashe Y Barnard E Barnes Y Bearden E Beasley-Teague Y Benfield Y Benton Black Bordeaux E Borders Y Bridges Y Brooks Brown 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 Cole Y Coleman, B Coleman, T Y Cooper Y Cox

Y Crawford Y Cummings
Davis Day Dean Y Dickson E Dodson Y Dollar Y Drenner Dukes Y Ehrhart Y England 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 Heard, K E Heckstall Y Hembree Y Henson Y Hill, C Hill, C.A

Holmes Y Holt Y Horne Y Houston
Howard Hudson Hugley Jackson Y Jacobs James Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Jones, S E 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 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
Mosby Y Mosley Y Mumford Y Murphy, J
Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish
Parsons Y Porter Y Powell Y Ralston
Randall Y Ray
Reece, B Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Sailor Scheid Y Scott, A Scott, M Y Setzler Y Shaw Y Sheldon Sims, C Sims, F Sinkfield Smith, B Y Smith, L E Smith, P Y Smith, R Y Smith, T Y Smith, V Smyre 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 Williams, A Williams, E Y Williams, R Wix Yates Richardson, Speaker

On the passage of the Bills, the ayes were 117, nays 0.

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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 264. By Senators Bulloch of the 11th and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, so as to change certain terms of court in the Pataula Circuit; to repeal conflicting laws; and for other purposes.
SB 309. By Senators Golden of the 8th and Bulloch of the 11th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Thomasville, approved March 30, 1990 (Ga. L. 1990, p. 5051), as amended, so as to change the method of filling vacancies on the board of education of the independent school district of the City of Thomasville; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 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 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 Senate has agreed to the House substitute to the following bill of the Senate:
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:

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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 passed by the requisite constitutional majority the following bills of the House:
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.
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.
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.
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

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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.
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.
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.
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.
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

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federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
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.
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 Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
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.

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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 Senate has adopted by the requisite constitutional majority the following resolutions of the House:
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.
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.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 264. By Senators Bulloch of the 11th and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, so as to change certain terms of court in the Pataula Circuit; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

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SB 309. By Senators Golden of the 8th and Bulloch of the 11th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Thomasville, approved March 30, 1990 (Ga. L. 1990, p. 5051), as amended, so as to change the method of filling vacancies on the board of education of the independent school district of the City of Thomasville; to provide for related matters; 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, Thomas of the 55th, and Warren of the 122nd.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 603. By Representative Hatfield of the 177th:
A RESOLUTION inviting Head Coach Rich McWhorter and the members of the Charlton County High School football team to appear before the House of Representatives; and for other purposes.
HR 604. By Representative Warren of the 122nd:
A RESOLUTION recognizing and commending Hephzibah High School, winner of the 2004 Class AAAA Governor's Cup and inviting its students, teachers, and administrators to appear before the House of Representatives; and for other purposes.
HR 607. By Representatives Mitchell of the 88th, Smyre of the 132nd, Bruce of the 64th, Sinkfield of the 60th, Thomas of the 55th and others:
A RESOLUTION honoring Dr. Marsha Barnett, Miss Jamaica Festival Queen 2004-2005 and inviting her 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 321. By Representatives Amerson of the 9th, Bridges of the 10th, Reece of the 27th, Ralston of the 7th and Jenkins of the 8th:

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A RESOLUTION inviting representatives of the Georgia Appalachian Trail Club to appear before the House of Representatives; and for other purposes.
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.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Public Utilities & Telecommunications and referred to the Committee on Ways & Means:
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.
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 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.
The following Committee substitute was read and adopted:
A BILL
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 18 years of age; to provide for certain limitations on such sales; to provide for a monetary

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penalty for sales made in violation of such prohibition; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fireworks, is amended by striking Code Section 25-10-1, relating to definition of "fireworks," and inserting in lieu thereof a new Code Section 25-10-1 to read as follows:
"25-10-1. As used in this chapter, the term:
(1) 'Fireworks' means any combustible or explosive composition or any substance or combination of substances or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, including blank cartridges, balloons requiring fire underneath to propel them, firecrackers, torpedos, skyrockets, Roman candles, bombs, sparklers, and other combustibles and explosives of like construction, as well as articles containing any explosive or flammable compound and tablets and other devices containing an explosive substance. The term 'fireworks' shall not include model rockets and model rocket engines, designed, sold, and used for the purpose of propelling recoverable aero models,; wire or wood sparklers of not more than 100 grams of mixture per item; other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical compound per tube or a total of 200 grams or less for multiple tubes; snake and glow worms; trick noise makers which include paper streamers, party poppers, string poppers, snappers, and drop pops each consisting of 0.25 grains or less of explosive mixture; toy pistol paper caps in which the explosive content does not average more than 0.25 grains of explosive mixture per paper cap; nor toy pistols, toy cannons, toy canes, toy guns, or other devices using such paper caps; nor shall the term 'fireworks' include ammunition consumed by weapons used for sporting and hunting purposes. (2) 'Proximate audience' means an audience closer to pyrotechnic devices than permitted by the National Fire Protection Association Standard 1123, Code for Fireworks Display, as adopted by the Safety Fire Commissioner. (3) 'Pyrotechnics' means fireworks."
SECTION 2. Said chapter is further amended by striking Code Section 25-10-2, relating to prohibited acts with respect to fireworks, and inserting in lieu thereof a new Code Section 25-10-2 to read as follows:
"25-10-2. (a) It shall be unlawful for any person, firm, corporation, association, or partnership to offer for sale at retail or wholesale, to use or explode or cause to be exploded, or to

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possess, manufacture, transport, or store any fireworks, except as otherwise provided in this chapter.
(b)(1) Notwithstanding any provision of this chapter to the contrary, it shall be unlawful for any person, firm, corporation, association, or partnership to sell to any person under 18 years of age any wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical compound per tube or a total of 200 grams or less for multiple tubes, snake and glow worms, or trick noise makers which include paper streamers, party poppers, string poppers, snappers, and drop pops each consisting of 0.25 grains or less of explosive mixture. (2) It shall be unlawful to sell any wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical compound per tube or a total of 200 grams or less for multiple tubes, snake and glow worms, or trick noise makers which include paper streamers, party poppers, string poppers, snappers, and drop pops each consisting of 0.25 grains or less of explosive mixture to any person by any means other than an in-person, face-to-face sale. Such person shall provide proper identification to the seller at the time of such purchase. For purposes of this paragraph, the term 'proper identification' means any document issued by a governmental agency containing a description of the person, such persons photograph, or both, and giving such persons date of birth and includes without being limited to, a passport, military identification card, drivers license, or an identification card authorized under Code Sections 40-5-100 through 40-5-104. (3) It shall be unlawful to use any wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical compound per tube or a total of 200 grams or less for multiple tubes, snake and glow worms, or trick noise makers which include paper streamers, party poppers, string poppers, snappers, and drop pops each consisting of 0.25 grains or less of explosive mixture indoors."
SECTION 3. Said chapter is further amended by adding a new Code Section 25-10-9 to read as follows:
"25-10-9. Notwithstanding any provision of this chapter to the contrary, any person, firm, corporation, association, or partnership who or which knowingly violates subsection (b) of Code Section 25-10-2 may be punished by a fine not to exceed $100.00. Each sales transaction in violation of subsection (b) of Code Section 25-10-2 shall be a separate offense."
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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SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

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

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

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

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

On the passage of the Bill, by substitute, the ayes were 67, nays 96.

The Bill, having failed to receive the requisite constitutional majority, was lost.

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Representatives Hudson of the 124th and Morgan of the 39th 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.
Representative Coan of the 101st 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 SB 133.
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 430 Do Pass, by Substitute
Respectfully submitted, /s/ Stephens of the 164th
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 569 Do Pass
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 569. By Representative Scott of the 2nd:
A RESOLUTION commending the Dade County High School softball team and inviting its members and Head Coach Jill Higdon to appear before the House of Representatives; 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 Bill and Resolution of the Senate were taken up for consideration and read the third time:

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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.

The following amendment was read and adopted:

Representative Smith of the 70th moves to amend SR 54 by striking "House Committee on Assignments," on line 14 of page 2 and inserting "Speaker of the House of Representatives," in lieu thereof.

By striking "House Committee on Assignments" on line 21 of page 2 and inserting "Speaker of the House of Representatives" in lieu thereof.

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:

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

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 Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene Y Hanner
Harbin Y Hatfield

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
Jones, S E 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 Maxwell Y May Y 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 Y Parham Y 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 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
Smith, V 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

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Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Heard, J Y Heard, K E Heckstall Y Hembree
Henson Hill, C Hill, C.A

Y Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin

Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Willard Williams, A Williams, E
Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the adoption of the Resolution, as amended, the ayes were 149, nays 1.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

Representatives 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.

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.

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
Barnard E 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 Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs

Y Maxwell Y May Y McCall E McClinton Y Meadows
Millar Y Miller
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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2629

Y Benton Y Black Y Bordeaux E Borders Y Bridges Y Brooks Y Brown
Bruce Y Bryant Y Buckner, D Y Buckner, G
Burkhalter Y Burmeister
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 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 E Greene Y Hanner Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C Hill, C.A

Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J
Jones, S E 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 Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

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 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 E 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
Williams, A Y Williams, E
Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 150, nays 0.

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

Representatives Lindsey of the 54th, Mills of the 25th 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.

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 333. By Senators Douglas of the 17th and Hudgens of the 47th:

A BILL to be entitled an Act to amend an Act creating the WalnutgroveYouth Water Authority, now known as the Walton County Water and

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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 provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 345. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4338), so as to change the provisions relating to the salary of the tax commissioner; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 350. By Senator Smith of the 52nd:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Rome, approved August 19, 1918 (Ga. L. 1918, p. 813), as amended, so as to authorize the City of Rome to exercise all redevelopment and other powers authorized or granted to municipalities under Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as now or hereafter amended, and to provide for certain such powers; 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 Senate has passed by the requisite constitutional majority the following bills of the House:
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

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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.
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.
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;

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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.
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.
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 effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
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.
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

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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.

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.

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.

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

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.

The following Committee substitute was read:

A BILL

To amend Article 2 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy, so as to provide for a father to legitimate his child by establishing

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paternity; to provide where petitions of legitimation shall be filed and served; to address the issues of custody and visitation in certain legitimation actions; to provide for legitimation by a voluntary acknowledgment of paternity in certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy, is amended by striking Code Section 19-7-22, relating to petition for legitimation of child, notice to mother, court order, effect, and intervention by father, and inserting in lieu thereof the following:
"19-7-22. (a) A Except as provided in subsection (a.1) of this Code section, a father of a child born out of wedlock may render the same his relationship with the child legitimate by petitioning the superior court of the county of his residence, the county of residence of the child, or, if a petition for the adoption of the child is pending, the county in which the adoption petition is filed for legitimation of the child. (a.1) If the fathers petition also seeks visitation or custody rights, the father shall file the petition in the county of the residence of the childs mother or other party having legal custody or guardianship of the child; provided, however, that if the mother or other party having legal custody or guardianship of the child resides outside the state or cannot, after due diligence, be found within the state, the petition may be filed in the county of the fathers residence or the county of the childs residence. If a petition for the adoption of the child is pending, the father shall file the petition for legitimation in the county in which the adoption petition is filed. (b) The petition shall set forth the name, age, and sex of the child, the name of the mother, and, if the father desires the name of the child to be changed, the new name. If the mother is alive, she shall have notice of the petition for legitimation. be named as a party and shall be served and provided an opportunity to be heard as in other civil actions under Chapter 11 of Title 9, the 'Georgia Civil Practice Act.' (c) Upon the presentation and filing of the petition, the court may pass an order declaring the fathers relationship with the child to be legitimate, and to be capable of inheriting from the father that the father and child shall be capable of inheriting from each other in the same manner as if born in lawful wedlock and specifying the name by which the child shall be known. (d) A legitimation petition may be filed, pursuant to paragraph (2) of subsection (e) of Code Section 15-11-28, in the juvenile court of the county in which a deprivation proceeding regarding the child is pending. (e) Except as provided by subsection (f) of this Code section, the court shall upon notice to the mother further establish such duty as the father may have to support the child, considering the facts and circumstances of the mothers obligation of support and the needs of the child as provided under Code Section 19-6-15.

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2635

(f) After a petition for legitimation is granted, if a demand for a jury trial as to support has been properly filed by either parent, then the case shall be transferred from juvenile court to superior court for such jury trial. (f.1) The petition for legitimation may also include claims for visitation or custody. If such claims are raised in the legitimation action, the court may order, in addition to legitimation, visitation or custody based on the best interests of the child standard. In a case involving allegations of family violence, the provisions of paragraph (2) of subsection (a) of Code Section 19-9-1 shall also apply.
(g)(1) Consistent with the purpose of subsection (a) of this Code section, whenever the Department of Human Resources petitions the superior court or other authorized trier of fact to establish paternity, the father may intervene to petition In any petition to establish paternity pursuant to paragraph (4) of subsection (a) of Code Section 197-43, the alleged fathers response may assert a third-party action for the legitimation of the child born out of wedlock if the mother of the child consents to the filing of such legitimation petition. Upon the determination of paternity or if a voluntary acknowledgment of paternity has been made and has not been rescinded pursuant to Code Section 19-7-46.1, the court or trier of fact as a matter of law and pursuant to the provisions of Code Section 19-7-51 may enter an order or decree legitimating a child born out of wedlock, provided that such is in the best interest of the child. Issues Whenever a petition to establish the paternity of a child is brought by the Department of Human Resources, issues of name change, visitation, and custody shall not be determined by the court until such time as a separate petition is filed by one of the parents or by the legal guardian of the child, in accordance with Code Section 19-118; if the petition is brought by a party other than the Department of Human Resources or if the alleged father seeks legitimation, the court may determine issues of name change, visitation, and custody in accordance with subsections (b) and (f.1) of this Code section. Custody of the child shall remain in the mother unless or until a court order is entered addressing the issue of custody. (2) In any voluntary acknowledgment of paternity which has been made and has not been rescinded pursuant to Code Section 19-7-46.1, when both the mother and father freely agree and consent, the child may be legitimated by the inclusion of a statement indicating a voluntary acknowledgment of legitimation."
SECTION 2. 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 et al. move to amend the Committee substitute to SB 53 by striking "A Except as provided in subsection (a.1) of this Code section, a" and replacing it with "A" on line 14 on page 1. By striking lines 16 through 20 on page 1 and inserting in lieu thereof the following:

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JOURNAL OF THE HOUSE

"petitioning the superior court of the county of his residence, the county of residence of the child, or, if a petition for the adoption of the child is pending, the county in which the adoption petition is filed for legitimation of the child. the residence of the childs mother or other party having legal".

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 Y Benfield Y Benton Y Black Y Bordeaux E Borders N 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 N 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
Floyd, J 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 Y Henson Hill, C 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
Jones, S E 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 E 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 O'Neal Y Orrock Parham Y Parrish N 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 E 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 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 153, nays 3.

THURSDAY, MARCH 17, 2005

2637

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

The Speaker assumed the Chair.

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.

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 E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black
Bordeaux E 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 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 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 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 E 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 Maxwell Y May Y McCall E 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 Y Orrock
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 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
Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson Y Willard

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Y Coan Cole
Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Heard, K E Heckstall Y Hembree
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 Williams, E
Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the adoption of the Resolution, the ayes were 152, nays 0.

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

Representatives Abdul-Salaam of the 74th 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.

The following Resolution of the House was read:

HR 605. By Representative Keen of the 179th

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 17, 2005, through April 1, 2005, shall be as follows:
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 Tuesday, March 22 .....................................................in session for legislative day 36 Wednesday, March 23 ................................................in adjournment Thursday, March 24 ...................................................in session for legislative day 37 Friday, March 25 ........................................................in adjournment Saturday, March 26 ....................................................in adjournment Sunday, March 27.......................................................in adjournment Monday, March 28 .....................................................in adjournment Tuesday, March 29 .....................................................in session for legislative day 38 Wednesday, March 30 ................................................in adjournment Thursday, March 31 ...................................................in session for legislative day 39 Friday, April 1 ............................................................in session for legislative day 40

BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for

THURSDAY, MARCH 17, 2005

2639

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 E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux E 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 E Davis Y Day
Dean Y Dickson E Dodson Y Dollar Y Drenner Y Dukes
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 E 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 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 E Jordan Y Keen Y Keown Y Kidd Y Knight Y Knox
Lakly Lane, B Y Lane, R Y Lewis Y Lindsey Lord Y Loudermilk 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 Y Morgan Y Morris
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
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 E 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 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 151, nays 1.

The Resolution was adopted.
The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:

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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.

The following Senate amendment was read:

The Senate moves to amend HB 37 by striking all matter on lines 23 through 26 of page 6 and inserting in lieu thereof the following:

"(A) For all years, the millage rate imposed for ad valorem taxes on real property shall not exceed 4.731 unless a higher limit is recommended by resolution of the city council and approved by the qualified voters of the City of Sandy Springs;".

Representative Wilkinson of the 52nd moved that the House agree to the Senate amendment to HB 37.

On the motion, 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 N Beasley-Teague N Benfield Y Benton Y Black N Bordeaux E Borders Y Bridges

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson Y Dollar N Drenner N Dukes Y Ehrhart Y England
Epps Y Fleming

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

Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Miller Y Mills N Mitchell
Morgan Y Morris
Mosby Y Mosley Y Mumford

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

THURSDAY, MARCH 17, 2005

2641

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
Cole Y Coleman, B N Coleman, T Y Cooper Y Cox

Y Floyd, H Floyd, J 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 N Heard, K E Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A

Y Jones, J Jones, S
E 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 Y Manning Y Marin Y Martin

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

Y Smith, T Y Smith, V N Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton Y Teilhet
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 motion, the ayes were 124, nays 29.

The motion prevailed.

Representative Abdul-Salaam of the 74th 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 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 Senate amendment was read:

The Senate moves to amend HB 188 by inserting on line 5 of page 1, following the word and symbol "confinement;" the following:

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"to provide an enhanced penalty for certain offenses committed upon persons having a mental abnormality; to provide for applicability;".

By striking the quotation marks at the end of line 11 of page 2 and by inserting immediately following such line the following:

"16-5-111. If any person subject to this article is convicted of an offense found in Chapter 6 of this title committed upon a person having a mental abnormality, as such term is defined in paragraph (5) of subsection (a) of Code Section 42-1-12, the minimum and maximum periods of incarceration stated for such offense shall be increased by ten years, respectively. This Code section shall apply to any offense committed on or after July 1, 2005.'"

Representative Burmeister of the 119th moved that the House disagree to the Senate amendment to HB 188.

On the motion, 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 E 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 Y Channell Y Cheokas Y Coan

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
Floyd, J Fludd Y Forster Y Franklin Y Freeman N 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 Holmes Y Holt Y Horne N Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James N Jamieson Y Jenkins Y Jennings
Johnson Y Jones, J Y Jones, S E 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 Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell
Morgan N 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 Ray Y Reece, B Y Reece, S Y Reese

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 E 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 N Walker Y Warren Y Watson Y Wilkinson
Willard N Williams, A

THURSDAY, MARCH 17, 2005

2643

Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Rice Y Roberts Y Rogers Y Royal Y Rynders

N Williams, E Y Williams, R N Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 143, nays 9.

The motion prevailed.

Representative Abdul-Salaam of the 74th 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.

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 Senate 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 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

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JOURNAL OF THE HOUSE

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 additional training 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, when such determination is made by the court, 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.

Representative Manning of the 32nd moved that the House agree to the Senate substitute to HB 212.

On the motion, 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 Y Bryant

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
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 Y Jennings
Johnson Y Jones, J Y Jones, S E Jordan Y Keen

Y Maxwell Y May
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
Neal Y Oliver

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 E Smith, P Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner

THURSDAY, MARCH 17, 2005

2645

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

Y O'Neal Y Orrock Y Parham Y Parrish
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

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 motion, the ayes were 150, nays 0.

The motion prevailed.

Representative Abdul-Salaam of the 74th 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 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 Senate amendment was read:

The Senate moves to amend HB 217 by striking on line 23 of page 1 "Any school or school system hiring an individual"

and striking lines 24 - 26 on page 1.

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JOURNAL OF THE HOUSE

Representative Neal of the 1st moved that the House agree to the Senate amendment to HB 217.

On the motion, 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 Y Bryant Y Buckner, D
Buckner, G Y Burkhalter Y Burmeister Y Burns
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

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 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 N Heard, K E 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
Johnson Y Jones, J Y Jones, S E 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 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 Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter
Powell Y Ralston Y Randall
Ray 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 E 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
Warren Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 150, nays 3.

The motion prevailed.

Representative Abdul-Salaam of the 74th 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.

THURSDAY, MARCH 17, 2005

2647

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 joint governmental agencies of this state; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
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 GovernmentsClairmont 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 6 of Title 28 of the Official Code of Georgia Annotated, relating to interstate cooperation, is amended by striking Code Section 28-6-2, relating to creation and membership of the Georgia Commission on Interstate Cooperation, and inserting in lieu thereof the following:
"28-6-2. (a) There is established the Georgia Commission on Interstate Cooperation. The commission shall be composed of 15 10 regular members:
(1) The five members of the Senate Committee on Interstate Cooperation; and (2) The five members of the House Committee on Interstate Cooperation; and (3) The five members of the Governors Committee on Interstate Cooperation.

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(b) The Governor, the President of the Senate, and the Speaker of the House of Representatives shall be ex officio honorary nonvoting members of this commission. The chairman of the Governors Committee on Interstate Cooperation shall be ex officio chairman of this commission. (c) The five members of the Governors Committee on Interstate Cooperation shall serve in an advisory capacity to the commission."
SECTION 2. Said chapter is further amended by striking Code Section 28-6-3, relating to functions of the Georgia Commission on Interstate Cooperation, and inserting in lieu thereof the following:
"28-6-3. It shall be the function of the commission to:
(1) Carry forward the participation of this state as a member of the Council of State Governments and of the Southern Legislative Conference any regional, national, or international organization that promotes interstate or international cooperation; (2) Encourage and assist the legislative, executive, administrative, and judicial officials and employees of this state to develop and maintain friendly contact by correspondence, by conference, and otherwise with officials and employees of the other states, of the federal government, and of local units of government; (3) Endeavor to advance cooperation between this state and other units of government whenever it seems advisable to do so by formulating proposals for and by facilitating:
(A) The adoption of compacts; (B) The enactment of uniform or reciprocal statutes; (C) The adoption of uniform or reciprocal administrative rules and regulations; (D) The informal cooperation of governmental offices with one another; (E) The personal cooperation of governmental officials and employees with one another; (F) The interchange and clearance of research and information; and (G) Any other suitable process; and (4) Do all such acts as will, in the opinion of the commission, enable this state to do its part or more in forming a more perfect union among the various governments in the United States and in promoting international relations by developing the Council of State Governments legislative organizations for that purpose such purposes."
SECTION 3. Said chapter is further amended by striking Code Section 28-6-7, relating to a declaration that the Council of State Governments, Council of State GovernmentsClairmont Road, L.L.C., and Southern Legislative Conference are joint governmental agencies of this state, and inserting in lieu thereof the following:
"28-6-7.

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The Council of State Governments, the Council of State Governments - Clairmont Road, L. L. C. (of which the Council of State Governments is the sole member), and the Southern Legislative Conference are each Any organization in which this state is a participant pursuant to paragraph (1) of Code Section 28-6-3 and which has its regional or national headquarters located in this state is declared to be a joint governmental agency of this state and of the other states which cooperate through it."

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

Representative Forster of the 3rd moved that the House agree to the Senate substitute to HB 264.

On the motion, 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 N Bordeaux E Borders Y Bridges Y Brooks
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 Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

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 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 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
Johnson Jones, J Y Jones, S E 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 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 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
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 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
Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

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On the motion, the ayes were 154, nays 1.
The motion prevailed.
Representative Abdul-Salaam of the 74th 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 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 Senate substitute was read:
A BILL
To amend Title 50 of the Official Code of Georgia Annotated, relating to state 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

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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. (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,

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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 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.

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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 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.

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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, 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

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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 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

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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 $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."

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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."
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.

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(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 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.

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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 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:

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"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 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.

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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 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

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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 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.

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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 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."

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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 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

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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 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

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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 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

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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."
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

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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 Code Section 45-7-28.1, relating to employee travel reimbursement, and inserting in its place a new Code Section 45-7-28.1 to read as follows:
"45-7-28.1. (a) The Department of Audits and Accounts and the Office of Planning and Budget are authorized and directed to:
(1) Develop jointly and issue such rules and regulations governing employee travel reimbursement that promote economy and efficiency in state government and which treat employees fairly and equitably; and (2) Review such rules and regulations at least annually and revise them as necessary. (b) The agencies, boards, and commissions of this state are directed to adhere to the employee travel reimbursement rules and regulations established by the Department of Audits and Accounts and the Office of Planning and Budget unless granted an exception on an individual basis for unusual circumstances by both of the issuing agencies. The Department of Audits and Accounts is authorized and directed to include in its annual audits of the financial accounts of the state agencies, boards, and commissions any audit exception to such established rules and regulations. Reserved."
SECTION 36. Said title is further 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

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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."
SECTION 37. 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 38. 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

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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 39. 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 40. 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 41. 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 42. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become

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effective on July 1, 2005. (b) Section 11 of this Act shall become effective on June 30, 2006. (c) Section 10 of this Act shall stand repealed in its entirety on June 30, 2006.

SECTION 43. All laws and parts of laws in conflict with this Act are repealed.

Representative O`Neal of the 146th moved that the House agree to the Senate substitute to HB 293.

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

Abdul-Salaam 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 Y Bryant 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 Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Crawford Y Cummings
Davis Y Day
Dean Y Dickson E Dodson Y 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 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 Y Henson Y Hill, C Y Hill, C.A

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
Johnson Y Jones, J Y Jones, S E 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

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 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

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 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
Williams, R Y Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 151, nays 0.

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The motion prevailed.
Representatives Abdul-Salaam of the 74th 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 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 Senate substitute was read:
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

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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 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.

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(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. (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:

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(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, 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

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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 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

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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, 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

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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. 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

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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 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 180 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. To the extent any such opposition is based upon the medical opinion of a licensed physician, that physician shall be a qualified physician, as that term is defined in subparagraph (A) of paragraph (17) of Code Section 51-14-2, and shall be either a board certified internist, a board certified pathologist, a board certified pulmonologist, or a certified B-reader. 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

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(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) 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. To the extent any such opposition is based upon the medical opinion of a licensed physician, that physician shall be a qualified physician, as that term is defined in subparagraph (A) of paragraph (17) of Code Section 51-14-2, and shall be either a board certified internist, a board certified pathologist, a board certified pulmonologist, or a certified B-reader. 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

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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; (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.

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(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) Notwithstanding Code Section 1-2-6 or 1-2-10, a civil action alleging an asbestos claim or silica claim may only be brought or maintained in the courts of Georgia if the plaintiff, whether a citizen of Georgia or a citizen of some other state, 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 that nonresident can establish prima-facie evidence of physical impairment with respect to an asbestos claim or silica claim as provided in paragraph (15) or (16) of Code Section 51-14-2. (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)(1) 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. (2) If less than all of the defendants agree to provide the stipulations set forth in paragraph (1) of this subsection, then the court shall dismiss the claims of those

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defendants who so stipulate. (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 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

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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.

Representative Ralston of the 7th moved that the House agree to the Senate substitute to HB 416.

On the motion, 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
Bordeaux E 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

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

Y Maxwell Y May Y 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
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

Y Sailor Y Scheid 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 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 motion, the ayes were 152, nays 1.

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The motion prevailed.
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 Resolutions of the House were read and adopted:
HR 608. By Representatives Fleming of the 117th, Burmeister of the 119th and Harbin of the 118th:
A RESOLUTION commending Blanchard and Calhoun Real Estate for its role in establishing the Bartram Trail community; and for other purposes.
HR 609. By Representatives Mangham of the 94th, Brooks of the 63rd, Abdul-Salaam of the 74th, Williams of the 89th, Morgan of the 39th and others:
A RESOLUTION honoring the life and memory of Mrs. Lois Stene Perryman; and for other purposes.
HR 610. By Representatives Hugley of the 133rd, Smyre of the 132nd and Buckner of the 130th:
A RESOLUTION honoring Ms. Teresa Pike Tomlinson and naming her an Outstanding Volunteer; and for other purposes.
HR 611. By Representatives Jackson of the 161st, Bryant of the 160th and Bordeaux of the 162nd:
A RESOLUTION commending Reverend Charlie Fogle, Sr.; and for other purposes.
HR 612. By Representatives Jackson of the 161st, Bryant of the 160th and Bordeaux of the 162nd:
A RESOLUTION honoring Bishop Moses A. Lewis; and for other purposes.
HR 613. By Representatives Jackson of the 161st, Bryant of the 160th and Bordeaux of the 162nd:
A RESOLUTION honoring Dr. Samuel Williams, Sr.; and for other purposes.

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HR 614. By Representatives Cheokas of the 134th, Hanner of the 148th, Hugley of the 133rd, Floyd of the 147th, Richardson of the 19th and others:
A RESOLUTION honoring former First Lady Rosalynn Carter; and for other purposes.
HR 615. By Representatives Jackson of the 161st, Bryant of the 160th and Bordeaux of the 162nd:
A RESOLUTION honoring Reverend Harold Baker; and for other purposes.
HR 616. By Representatives Jackson of the 161st, Bryant of the 160th and Bordeaux of the 162nd:
A RESOLUTION commending Pastor Nathaniel N. Boles for over 40 years of dedicated service; and for other purposes.
HR 617. By Representatives Thomas of the 55th, Brooks of the 63rd, Jones of the 44th, Sinkfield of the 60th and Dean of the 59th:
A RESOLUTION commending Reverend Dr. Carol E. Dixon; and for other purposes.
HR 618. By Representatives Buckner of the 130th, Hugley of the 133rd, Smyre of the 132nd, Smith of the 129th, Smith of the 131st and others:
A RESOLUTION remembering and honoring the life of Mrs. Rozell Fair Fabiani; and for other purposes.
HR 619. By Representative Amerson of the 9th:
A RESOLUTION honoring Ella Ray Oakes; and for other purposes.
HR 620. By Representative Hatfield of the 177th:
A RESOLUTION commending the Charlton County High School football team for their excellent athletic performance during an unforgettable 2004 season; and for other purposes.
HR 621. By Representative Hudson of the 124th:
A RESOLUTION commending Headmistress Doris Garland; and for other purposes.

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HR 622. By Representative Hudson of the 124th:
A RESOLUTION commending Cordero Foster; and for other purposes.
HR 623. By Representative Hudson of the 124th:
A RESOLUTION commending Paul Garland; and for other purposes.
HR 624. By Representative Hudson of the 124th:
A RESOLUTION commending Adrienne Harris; and for other purposes.
HR 625. By Representative McCall of the 30th:
A RESOLUTION honoring Mrs. Cynthia G. Weaver and congratulating her on her election as President of Pilot International, Inc.; and for other purposes.
HR 626. By Representatives Keown of the 173rd and Black of the 174th:
A RESOLUTION remembering and honoring the life of Mr. Glenn Abrams, Sr.; and for other purposes.
HR 627. By Representative Burmeister of the 119th:
A RESOLUTION commending STAR student, Allyson Taft, and STAR teacher, Debra Brigham; and for other purposes.
HR 628. By Representative Jamieson of the 28th:
A RESOLUTION commending Randy L. Clements; and for other purposes.
HR 629. By Representative Burmeister of the 119th:
A RESOLUTION commending Miss Ashley Burmeister, Top Overall Shooter in the Sporter Division at the NHROTC Area 12 Championship; and for other purposes.
HR 630. By Representative Warren of the 122nd:
A RESOLUTION honoring Mr. Todd Kluever and welcoming him to the Georgia state capitol; and for other purposes.

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HR 631. By Representative Burmeister of the 119th:
A RESOLUTION commending the Westside High School NJROTC sporter rifle team; 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 Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 98 Do Pass SB 272 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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 206 Do Pass
Respectfully submitted, /s/ Lane of the 158th
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 Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

THURSDAY, MARCH 17, 2005

2689

SB 51 Do Pass, by Substitute SB 208 Do Pass
Respectfully submitted, /s/ Cooper of the 41st
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 of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 93 Do Pass SB 255 Do Pass SB 257 Do Pass
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 of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 178 Do Pass, by Substitute
Respectfully submitted, /s/ Day of the 163rd
Chairman
Representative Lewis of the 15th District, Chairman of the Committee on Public Utilities and Telecommunications, submitted the following report:
Mr. Speaker:

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Your Committee on Public Utilities and Telecommunications has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 139 Do Pass SB 209 Do Pass

SB 210 Do Pass SB 274 Do Pass, by Substitute

Respectfully submitted, /s/ Lewis of the 15th
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 Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HR 486 Do Pass HR 488 Do Pass

SB 227 Do Pass, by Substitute SB 291 Do Pass

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, pursuant to the adjournment Resolution previously adopted by the House and Senate, until 1:00 P.M., Monday, March 21, 2005.

MONDAY, MARCH 21, 2005

2691

Representative Hall, Atlanta, Georgia

Monday, March 21, 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:

Amerson Anderson Ashe Barnard E Barnes Bearden Benfield Benton Black E Borders Bridges Brooks Brown Bruce Bryant Buckner, D Buckner, G Burkhalter Burmeister Burns Butler Byrd Carter Chambers Cheokas Cole Coleman, B Cox

Cummings Dickson Dodson Drenner Ehrhart England Epps Fleming Floyd, H Fludd Forster Franklin Freeman Geisinger Graves, T Greene Harbin Hatfield Heard, J Heard, K E Heckstall Hembree Henson Hill, C Holt Horne Houston

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

McCall E McClinton
Meadows Miller Mills Mitchell Morris Mosley Mumford Murphy, J Murphy, Q Neal Oliver O'Neal Orrock Parham Parrish Parsons Porter Powell Ralston Ray Reece, B Reece, S Reese Rice Roberts

Rogers Royal Scheid Scott, A Scott, M Setzler Shaw Sims, F Smith, L Smith, P Smith, R Smith, T Smith, V Talton Teilhet Thomas, B Tumlin Warren Watson Wilkinson Willard Williams, A Williams, E 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, Bordeaux of the 162nd, Casas of the 103rd, Channell of the 116th, Coleman of the 144th, Crawford of the 127th, Day of the 163rd, Dollar of the 45th, Dukes of the 150th, Floyd of the 147th, Gardner of the 57th, Graves of the 137th, Hanner of the 148th, Hill of the 180th, Keen of the 179th, Lane of the 158th, Lucas of the 139th, Mangham of the 94th, Marin of the 96th, Millar of the 79th, Mosby of the 90th, Randall of the 138th, Sailor of the 93rd, Sheldon of the 105th, Sinkfield of the 60th, Smith of the 113th, Smyre of the 132nd, Stanley-Turner of the 53rd, Stephens of the 164th, Stephenson of the 92nd, Thomas of the 55th, and Walker of the 107th.

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They wish to be recorded as present.
Prayer was offered by the Reverend Bob Norwood, Liberty United Methodist Church, Macon, 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 841. By Representatives Stephens of the 164th, Day of the 163rd, Graves of the 137th, Stephens of the 164th and Hugley of the 133rd:
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 certain sales to qualified job training organizations 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.

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2693

Referred to the Committee on Ways & Means.
HB 842. By Representative Powell of the 29th:
A BILL to be entitled an Act to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to provide for direct loans to students for attendance at certain postsecondary institutions at the rate of 1 percent annually; to provide for definitions; to provide for the maximum amount of such loans; to provide for eligibility requirements; to provide for the random selection of recipients of such loans from eligible applicants; to provide for a fund for such loans that is separate from the general loan fund; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HB 843. By Representatives Benfield of the 85th, Drenner of the 86th and Gardner of the 57th:
A BILL to be entitled an Act to provide for mile-based premiums for certain motor vehicle insurance; to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident reparations, so as to change certain provisions relating to requirements for issuance of motor vehicle liability insurance policies; to change certain provisions relating to rules and regulations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 846. By Representatives Benfield of the 85th, Watson of the 91st, Mitchell of the 88th, Stephenson of the 92nd, Mosby of the 90th and others:
A BILL to be entitled an Act to provide a homestead exemption from DeKalb County ad valorem taxes for county purposes for the full value of the homestead for residents of that county who are disabled or are 62 years of age or over and whose household gross income does not exceed $25,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for the specific repeal of a certain prior homestead exemption; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

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HB 847. By Representatives Butler of the 18th, Oliver of the 83rd and Smith of the 70th:
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 establish the conditions for minors to become emancipated by law; to provide for definitions; to provide for the rights and duties of parents; to provide for court proceedings for emancipation; to provide for powers of the court relative to an emancipation proceeding; to provide for rescission and the effect of rescission on obligations, rights, or interests; to provide for the rights and responsibilities of an emancipated minor; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 848. By Representatives Butler of the 18th, Maxwell of the 17th and England of the 108th:
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 provide a homestead exemption to certain residents who are senior citizens with respect to state ad valorem taxes; to provide qualifications; to provide procedures for obtaining such exemption; to provide for the taxes to which such homestead exemption is applicable; to provide for a referendum; to provide for effective dates; 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 849. By Representatives Butler of the 18th and Maxwell of the 17th:
A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation, so as to repeal certain provisions regarding the manner and time of making the state ad valorem tax levy; 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 850. By Representative Ralston of the 7th:

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2695

A BILL to be entitled an Act to amend Subpart 2 of Part 5 of Article 9 of Title 11 of the Official Code of Georgia Annotated, relating to duties and operation of a filing office and central indexing system relative to secured transactions, so as to change certain provisions relating to fees; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 851. By Representative Jacobs of the 80th:
A BILL to be entitled an Act to amend Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to judges and other court employees and certain county employees as members of the Employees' Retirement System of Georgia, so as to provide that a member of such retirement system may obtain creditable service for certain prior service as an employee of a community service board; to provide for application and payment; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 852. By Representatives Crawford of the 127th and Cole of the 125th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Barnesville, approved March 11, 1987 (Ga. L. 1987, p. 3865), as amended, particularly by an Act approved April 5, 1993 (Ga. L. 1993, p. 4957), so as to provide new districts for councilmembers; to provide for definitions and inclusions; to provide for continuation in office of current members of the council; to change provisions relating to wards; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 853. By Representatives Harbin of the 118th, Fleming of the 117th and Burmeister of the 119th:
A BILL to be entitled an Act to authorize the governing authority of Columbia County 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

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repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 854. By Representatives Harbin of the 118th, Fleming of the 117th and Burmeister of the 119th:
A BILL to be entitled an Act to amend an Act to provide that certain officials of Columbia County who have served at least 15 years in office may, upon leaving office, continue to participate in the county health insurance program by paying the total cost of such participation, approved May 17, 2004 (Ga. L. 2004, p. 4472), so as to clarify that such Act applies to health insurance coverage for the officials as well as their spouses and dependents; to provide for related matters; to provide for intent; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 855. By Representatives Harbin of the 118th, Fleming of the 117th and Burmeister of the 119th:
A BILL to be entitled an Act to amend an Act to create a board of elections for Columbia County and provide for its powers and duties, approved March 23, 1993 (Ga. L. 1993, p. 4180), so as to revise certain term limitations on 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 State Planning & Community Affairs - Local.
HB 856. By Representatives Fludd of the 66th and Jordan of the 77th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners for Fayette County, approved March 9, 1959 (Ga. L. 1959, p. 2431), as amended, particularly by an Act approved March 13, 1978 (Ga. L. 1978, p. 3399), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to change the manner of electing 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.

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2697

Referred to the Committee on State Planning & Community Affairs - Local.
HB 857. By Representative Cole of the 125th:
A BILL to be entitled an Act to repeal an Act entitled "Jasper County Economic Development Authority Act" approved April 4, 1991 (Ga.L. 1991, p. 4524); to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 858. By Representatives Scott of the 2nd and Neal of the 1st:
A BILL to be entitled an Act to amend an Act to create a board of elections and registration for Walker County and provide for its powers and duties, approved April 4, 1997 (Ga. L. 1997, p. 3657), so as to revise the manner of appointing members of the board; to revise the manner of filling vacancies; to revise the qualifications of members of the board; to provide for related matters; to provide for the 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 859. By Representatives Lane of the 167th, Keen of the 179th and Hill of the 180th:
A BILL to be entitled an Act to amend an Act relating to the Glynn County Board of Elections and Registration, approved March 24, 1994 (Ga. L. 1994, p. 3977), so as to change provisions relating to the selection of members of the board; to provide for one member to be appointed by the board of commissioners of Glynn County rather than the grand jury; to provide for the current member in that position to complete his or her current term of office; to provide for related matters; to provide for submission under the federal Voting Rights Act; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 860. By Representatives Henson of the 87th, Watson of the 91st, Drenner of the 86th, Williams of the 89th, Sinkfield of the 60th and others:
A BILL to be entitled an Act to amend an Act establishing the DeKalb County districts from which the members of the county board of education

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shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4538), so as to change the compensation of the members of the 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 861. By Representative Ralston of the 7th:
A BILL to be entitled an Act to amend an Act providing for a Board of Commissioners of Fannin County, approved August 10, 1920 (Ga. L. 1920, p. 519), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 3939), so as to change the provision relating to 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 862. By Representative Hatfield of the 177th:
A BILL to be entitled an Act to amend an Act creating the State Court of Ware County, formerly the City Court of Waycross, approved December 11, 1897 (Ga. L. 1897, p. 510), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4082), so as to provide for the compensation of the solicitor-general and the judge of said court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 863. By Representatives Scott of the 153rd and Roberts of the 154th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners for Tift County, approved August 9, 1917 (Ga. L. 1917, p. 396), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 4015), and an Act approved March 28, 1985 (Ga. L. 1985, p. 4875), so as to repeal a requirement that certain commissioners must resign on or before a certain date in order to run for chairperson of the board of commissioners; provide that the board of commissioners of Tift County may establish procedures relative to competitive bids on county purchases of new material, supplies, and equipment and contracts for county work; to provide for public inspection; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on State Planning & Community Affairs - Local.
HR 606. By Representative Powell of the 29th:
A RESOLUTION creating the House Study Committee on Coroners' Compensation; and for other purposes.
Referred to the Committee on Governmental Affairs.
HR 632. By Representatives Roberts of the 154th and Scott of the 153rd:
A RESOLUTION creating the House Wildlife Management Study Committee; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HR 633. By Representatives Manning of the 32nd, Talton of the 145th, Graves of the 137th, Parsons of the 42nd and Ashe of the 56th:
A RESOLUTION urging and requesting the Department of Human Resources, the Department of Community Health, the Department of Education, the Department of Labor, and the Department of Juvenile Justice to take certain actions with respect to certain services for people with certain disabilities; creating the Oversight Committee for Planning to Provide Home and Community Based Services; and for other purposes.
Referred to the Committee on Governmental Affairs.
HR 634. By Representatives Butler of the 18th and Maxwell of the 17th:
A RESOLUTION proposing an amendment to the Constitution so as to eliminate the annual levy of state ad valorem taxes on tangible property; 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 rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the Committees:
HB 866. By Representatives Forster of the 3rd and Dickson of the 6th:

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A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Catoosa County, Georgia, approved March 30, 1993 (Ga. L. 1993, p. 4258), as amended, so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 867. By Representatives Forster of the 3rd and Dickson of the 6th:
A BILL to be entitled an Act to amend an Act creating the office of commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 869. By Representatives Henson of the 87th, Benfield of the 85th, Watson of the 91st, Drenner of the 86th, Mitchell of the 88th and others:
A BILL to be entitled an Act to provide for the compensation of the public defender of DeKalb County; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 870. By Representative Freeman of the 140th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Twiggs County, approved March 26, 1982 (Ga. L. 1982, p. 3627), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 4048), so as to provide for monthly meetings of the board of education; 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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2701

HB 872. By Representatives Heard of the 104th, Mumford of the 95th, Rice of the 51st, Floyd of the 99th, Marin of the 96th and others:

A BILL to be entitled an Act to amend an Act creating the board of commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4658), so as to provide for the compensation of the chairperson and the members of the board of commissioners; 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.

HR 641. By Representatives Walker of the 107th, Cooper of the 41st and Graves of the 137th:

A RESOLUTION creating the House Study Committee on the Causes and Treatment of Lymphedema; and for other purposes.

Referred to the Committee on Rules.

HR 642. By Representatives Stephens of the 164th, Parrish of the 156th, Channell of the 116th, Barnard of the 166th and Graves of the 137th:

A RESOLUTION creating the House Film and Video Game Technology Study Committee; 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 828 HB 829 HB 830 HB 831 HB 832 HB 833 HB 834 HB 835 HB 836 HB 837

HB 838 HB 839 HB 840 HB 844 HB 845 HR 568 HR 570 HR 571 SB 264 SB 309

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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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 153 Do Pass, by Substitute SB 204 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 and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 515 Do Pass, by Substitute SB 94 Do Pass, by Substitute SB 230 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 495 Do Pass HR 603 Do Pass HR 607 Do Pass
Representative Smith of the 168th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:

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2703

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 817 HB 818 HB 819 HB 820

Do Pass Do Pass Do Pass Do Pass

HB 822 HB 823 SB 15 SB 235

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 Bill and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HR 537 Do Pass SB 4 Do Pass, by Substitute SR 280 Do Pass

SR 304 Do Pass SR 305 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, MARCH 21, 2005

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 35th Legislative Day as enumerated below:

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DEBATE CALENDAR

Open Rule SB 43
SB 52 SB 68
SB 81
SB 119 SB 141
SB 155
SB 166 SB 173
SB 225 SB 290

HERO Scholarship; establish; definitions; application procedures; rules/regulations Child Support; unreimbursed payment; provide negotiation, waiver Real Estate Appraisers; change definitions; continuing education courses; prov Patient Access to Eye Care Act; blindness education, screening, treatment program Sponge Crabs; possess/offer for sale; postpone dates of certain provisions Gambling; prohibit pyramid promotional schemes; definitions; penalties Motor Vehicle Franchises; recreational vehicle dealers; purpose/policies Credit Life Insurance; delivery of policy; indebtedness incurred Physician's Assistant; temporary practice agreements; conditions/limitations Insurers; loss reserves; liability insurance/workers' compensation Leaf Tobacco; grading by Agriculture Marketing Service/ alternatives

Modified Open Rule None

Modified Structured Rule None

Structured Rule

SB 41

State Amphibian, Official; designate the green tree frog

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 817. By Representative Burns of the 157th:

A BILL to be entitled an Act to amend an Act to provide for the election of

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2705

the members of the board of education of Screven County, approved April 1, 2002 (Ga. L. 2002, p. 3659), so as to provide that the members of the board of education shall be elected in nonpartisan elections; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 818. By Representatives Dickson of the 6th, Williams of the 4th and Forster of the 3rd:
A BILL to be entitled an Act to create the Dalton-Whitfield Economic Development 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 economic development in Dalton and Whitfield County, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the membership 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 819. By Representative Ralston of the 7th:
A BILL to be entitled an Act to provide for a homestead exemption from Gilmer County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for certain residents of that school district who are 70 years of age or older; 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 820. By Representative Ralston of the 7th:

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A BILL to be entitled an Act to provide for a homestead exemption from certain Gilmer 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 822. By Representative Sims of the 169th:

A BILL to be entitled an Act to amend an Act establishing a board of education of Coffee County, approved March 10, 1970 (Ga. L. 1970, p. 2441), as amended, particularly by an Act approved October 25, 2001 (Ga. L. 2001, Ex. Sess., p. 755), so as to provide that the members of the board of education shall be elected in nonpartisan elections; to provide for related matters; to provide for preclearance of this Act pursuant to 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 823. 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.

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

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

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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.

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.

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 Y Benfield Y Benton Y Black
Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant

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

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
Johnson 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
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 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 Stanley-Turner

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Y Buckner, D 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
Coleman, T Cooper Y Cox

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

Y 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 Y Mangham Y Manning
Marin Y Martin

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

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 E Williams, R Y Wix Y 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.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:

Mr. Speaker:

The Senate has agreed to the House amendments to the following bill of the Senate:

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.

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2709

The Senate has agreed to the House substitutes to the following bills of the Senate:
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 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.
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.
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

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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.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
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 Senate has passed by the requisite constitutional majority the following bills 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 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.
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:

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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.
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 designer in certain state contracts; to repeal conflicting laws; and for other purposes.
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.
The Senate has adopted by the requisite constitutional majority the following resolutions of the House:
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.
HR 605. By Representative Keen of the 179th:
A RESOLUTION relative to adjournment; 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 333. By Senators Douglas of the 17th and Hudgens of the 47th:
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 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.
SB 345. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4338), so as to change the provisions relating to the salary of the tax commissioner; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 350. By Senator Smith of the 52nd:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Rome, approved August 19, 1918 (Ga. L. 1918, p. 813), as amended, so as to authorize the City of Rome to exercise all redevelopment and other powers authorized or granted to municipalities under Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as now or hereafter amended, and to provide for certain such powers; 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.

MONDAY, MARCH 21, 2005

2713

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

Representative Coan of the 101st moved that the House reconsider its action in failing to give the requisite constitutional majority to 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.

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

N Abdul-Salaam N Amerson N Anderson N Ashe Y Barnard E Barnes
Bearden Beasley-Teague N Benfield N Benton Y Black Bordeaux N Borders N 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 Casas Y Chambers Y Channell N Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T

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

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

Y Maxwell Y May Y McCall N McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell N Morgan Y Morris
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 Y Ralston Y Randall Y Ray N Reece, B Y Reece, S Y Reese Y Rice Y Roberts Y Rogers

Y Sailor Y Scheid N Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon
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
Smyre Stanley-Turner Y Stephens N Stephenson Y Talton Y Teilhet Thomas, A.M N Thomas, B N Tumlin Y Walker N Warren Y Watson Y Wilkinson Y Willard N Williams, A N Williams, E E Williams, R Y Wix

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JOURNAL OF THE HOUSE

Cooper Y Cox

Y Hill, C Hill, C.A

Marin Martin

N Royal N Rynders

Y Yates Richardson,
Speaker

On the motion, the ayes were 105, nays 47.

The motion prevailed.

Due to a mechanical malfunction, the votes of Representatives Cooper of the 41st and Henson of the 87th were not recorded on the preceding roll call. They wished to be recorded as voting "nay" thereon.

The following member was recognized during the period of Morning Orders and addressed the House:

Loudermilk of the 14th.

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

HR 636. By Representatives Coleman of the 97th and Reece of the 27th:

A RESOLUTION recognizing and commending East Hall High School, winner of the 2004 Class AAA Governor's Cup and inviting its students, parents, teachers, and administrators to appear before the House of Representatives; and for other purposes.

HR 637. By Representatives Coleman of the 97th and Reece of the 11th:

A RESOLUTION recognizing and commending Coosa High School, winner of the 2004 Class AA Governor's Cup and inviting its students, parents, teachers, and administrators to appear before the House of Representatives; and for other purposes.

HR 638. By Representatives Coleman of the 97th, Burns of the 157th, Lane of the 158th and Parrish of the 156th:

A RESOLUTION recognizing and commending Portal Middle and High School, winner of the 2004 Class A Governor's Cup and inviting its students, parents, teachers, and administrators to appear before the House of Representatives; and for other purposes.

HR 639. By Representatives Coleman of the 97th and Warren of the 122nd:

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2715

A RESOLUTION recognizing and commending Hephzibah High School, winner of the 2004 Class AAAA Governor's Cup and inviting its students, parents, teachers, and administrators to appear before the House of Representatives; and for other purposes.

HR 640. By Representatives Coleman of the 97th and Burkhalter of the 50th:

A RESOLUTION recognizing and commending Northview High School, winner of the 2004 Class AAAAA Governor's Cup and inviting its students, parents, teachers, and administrators to appear before the House of Representatives; and for other purposes.

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 636 Do Pass HR 637 Do Pass HR 638 Do Pass

HR 639 Do Pass HR 640 Do Pass

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

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.

HR 603. By Representative Hatfield of the 177th:

A RESOLUTION inviting Head Coach Rich McWhorter and the members of the Charlton County High School football team to appear before the House of Representatives; and for other purposes.

HR 607. By Representatives Mitchell of the 88th, Smyre of the 132nd, Bruce of the 64th, Sinkfield of the 60th, Thomas of the 55th and others:

A RESOLUTION honoring Dr. Marsha Barnett, Miss Jamaica Festival Queen 2004-2005 and inviting her to appear before the House of Representatives; and for other purposes.

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JOURNAL OF THE HOUSE

HR 636. By Representatives Coleman of the 97th and Reece of the 27th:
A RESOLUTION recognizing and commending East Hall High School, winner of the 2004 Class AAA Governor's Cup and inviting its students, parents, teachers, and administrators to appear before the House of Representatives; and for other purposes.
HR 637. By Representatives Coleman of the 97th and Reece of the 11th:
A RESOLUTION recognizing and commending Coosa High School, winner of the 2004 Class AA Governor's Cup and inviting its students, parents, teachers, and administrators to appear before the House of Representatives; and for other purposes.
HR 638. By Representatives Coleman of the 97th, Burns of the 157th, Lane of the 158th and Parrish of the 156th:
A RESOLUTION recognizing and commending Portal Middle and High School, winner of the 2004 Class A Governor's Cup and inviting its students, parents, teachers, and administrators to appear before the House of Representatives; and for other purposes.
HR 639. By Representatives Coleman of the 97th and Warren of the 122nd:
A RESOLUTION recognizing and commending Hephzibah High School, winner of the 2004 Class AAAA Governor's Cup and inviting its students, parents, teachers, and administrators to appear before the House of Representatives; and for other purposes.
HR 640. By Representatives Coleman of the 97th and Burkhalter of the 50th:
A RESOLUTION recognizing and commending Northview High School, winner of the 2004 Class AAAAA Governor's Cup and inviting its students, parents, teachers, and administrators to appear before the House of Representatives; and for other purposes.
The following Resolution of the House was read and adopted:
HR 635. By Representatives Reece of the 27th, Rogers of the 26th, Mills of the 25th, Benton of the 31st, Bridges of the 10th and others:
A RESOLUTION commending the East Hall High School basketball team, Class AA State Champions, and Head Coach Joe Dix; and for other purposes.

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2717

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

SB 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.

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
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 Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan

Y 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 Y Greene
Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K

N Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs
James Y Jamieson
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 Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas
Lunsford

Y Maxwell Y May Y McCall
McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris N Mosby
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 E Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C
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 N Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren
Watson Y Wilkinson Y Willard Y Williams, A

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Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Heckstall Y Hembree Y Henson Y Hill, C
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 E Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 155, nays 4.

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

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.

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.

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 E Barnes N Bearden
Beasley-Teague Y Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges N Brooks Y Brown N Bruce Y Bryant Y Buckner, D

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

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

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

E Sailor Y Scheid N Scott, A Y Scott, M N Setzler N Shaw N Sheldon N 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

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2719

Y Buckner, G Y Burkhalter Y Burmeister Y Burns N Butler N Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas N Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper N 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 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 N Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin

Y Orrock Y Parham Y Parrish N Parsons N Porter
Powell N Ralston
Randall Y Ray Y Reece, B Y Reece, S N 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 N Walker Y Warren N 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 125, nays 34.

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

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 Mangham of the 94th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representatives Mitchell of the 88th, Stanley-Turner of the 53rd, 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 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 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

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JOURNAL OF THE HOUSE

approved school; 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 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 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 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 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
Morgan Y Morris
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

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
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 E Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 170, nays 0.

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

Due to a mechanical malfunction, the vote of Representative Abdul-Salaam of the

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2721

74th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Stanley-Turner of the 53rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

SB 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 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 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

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
Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J

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 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

E 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
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

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Y Coan Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

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 E Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 166, nays 0.

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

Representatives Smyre of the 132nd 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.

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.

The following Committee substitute was read and adopted:

A BILL

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 60 days after the indebtedness is incurred; 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 33-31-7 of the Official Code of Georgia Annotated, relating to issuance of policy or certificate of credit life insurance, is amended by striking subsection (d) and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) If the individual policy or group certificate of insurance is not delivered to the debtor at the time the indebtedness is incurred and if an identifiable charge is made to

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2723

him or her for credit life insurance or credit accident and sickness insurance, a copy of the application for the policy signed by the debtor or a notice of proposed insurance setting forth the name and home office address of the insurer, the name or names of the debtor, the rate or amount of premium separately in connection with credit life insurance and credit accident and sickness insurance coverage, and a brief description of the coverage provided shall be delivered to the debtor at the time the indebtedness is incurred. The copy of the application or the notice of proposed insurance shall refer exclusively to insurance coverage and shall be separate and apart from the loan, sale, or other credit statement of account, instrument, or agreement unless the information required by this subsection is prominently set forth in the application or the notice of proposed insurance. Upon acceptance of the insurance and within 30 60 days of the date upon which the indebtedness is incurred, the insurer shall cause the individual policy or group certificate of insurance to be delivered to the debtor. The application or notice of proposed insurance shall state when the insurance shall become effective, which shall be determined as provided in Code Section 33-31-5."

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 Y Bridges Y Brooks Y Brown Y Bruce Y Bryant

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 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 N Jones, S Y Jordan Y Keen

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

E 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

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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 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 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 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 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 N Williams, A Y Williams, E E Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 165, nays 2.

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

Representative Sheldon of the 105th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

SB 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.

The following Committee substitute was read and adopted:

MONDAY, MARCH 21, 2005

2725

A BILL
To amend provisions of the Official Code of Georgia Annotated, relating to recreational vehicles; to amend Part 1 of Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, 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 Official Code of Georgia Annotated, 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 or warrantor upon termination of a dealership; to provide that it is illegal for a grantor or warrantor to coerce a dealer to purchase its parts or accessories; to provide that a grantor or warrantor must approve a sale of a dealership if the terms are reasonable; to provide for succession of the dealership to the dealers named beneficiaries; to provide for warranty obligations; to provide for dispute resolution; 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. Part 1 of Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to general considerations regarding motor vehicle franchises, is amended by striking paragraph (10) of Code Section 10-1-622, relating to definitions relative to motor vehicle franchises, and inserting in its place the following:
"(10) '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, and recreational vehicles as defined in paragraph (5) of subsection (a) of Code Section 10-1-679."
SECTION 2. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by inserting a new Article 22B to read as follows:
"ARTICLE 22B
10-1-679. (a) As used in this article, the term:
(1) 'Community of interest' means a continuing financial interest between the grantor and the grantee in either the operation of the dealership business or the marketing of such goods or services.

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(2) 'Franchise' means an oral or written agreement for a definite or indefinite period of time in which a manufacturer grants to a recreational vehicle dealer permission to use a trade name, service mark, or related characteristic and in which there is a community of interest in the marketing of recreational vehicle products or services related thereto at wholesale or retail, whether by leasing, sale, or otherwise. (3) 'Grantor' means a person who grants a recreational vehicle dealership. (4) 'Person' means a natural person, partnership, joint venture, corporation, or other entity. (5) 'Recreational vehicle' means a vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use which either has its own motive power or is mounted on or towed by another vehicle. The basic entities are as follows: travel trailer, camping trailer, truck camper, motor home, park trailer, and fifth wheel travel trailer. (6) 'Recreational vehicle dealer' or 'dealer' means a person who is a grantee of a recreational vehicle dealership situated in Georgia. (7) 'Recreational vehicle dealership' means an established place of business engaged in the marketing of new recreational vehicle products or services related thereto at wholesale or retail, whether by leasing, sale, or otherwise, and which is marked by an appropriate permanent sign, a working telephone with a telephone number listed in the local phone directory, and which derives at least 75 percent of its revenue from the sale of new recreational vehicles and recreational vehicle related products and services. (8) 'Warrantor' means a person, firm, corporation, or business entity that gives a warranty in connection with a new recreational vehicle or parts, accessories, or components thereof. Such term does not include service contracts, mechanical or other insurance, or extended warranties sold for separate consideration by a dealer or other person not controlled by a manufacturer. (b) For purposes of this article when determining whether there is 'good cause' for a proposed action, the trier of fact shall consider: (1) The volume of the affected dealers business in the relevant market area; (2) The nature and extent of the dealers investment in its business; (3) The adequacy of the dealers service facilities, equipment, parts, supplies, and personnel; (4) The effect of the proposed action on the community; (5) The extent and quality of the dealers service under recreational vehicle warranties; and (6) The dealers performance under the terms of its franchise agreement.
10-1-679.1. (a) This article shall be liberally construed and applied to promote its underlying remedial purposes and policies. (b) The underlying purposes and policies of this article are:

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(1) To promote the compelling interest of the public in fair business relations between recreational vehicle dealers and grantors and in the continuation of recreational vehicle dealerships on a fair basis; (2) To protect recreational vehicle dealers against unfair treatment by grantors who inherently have superior economic power and superior bargaining power in the negotiations of recreational vehicle dealerships; (3) To provide recreational vehicle dealers with rights and remedies in addition to those existing by contract or common law; and (4) To govern all franchise agreements for recreational vehicle dealerships, including any renewals or amendments, to the full extent consistent with the Constitutions of Georgia and the United States. (c) The effect of this article may not be varied by contract or agreement. Any contract or agreement purporting to do so is void and unenforceable to that extent only.
10-1-679.2. The grantor shall designate in writing the area of sales responsibility assigned to a recreational vehicle dealer and shall not change such area nor establish another recreational vehicle dealer in the same area unless the grantor can show good cause for the addition of the new recreational vehicle dealer, including reasonable evidence that the market will support the establishment of a new dealership.
10-1-679.3. Sales of recreational vehicles by grantors or distributors shall be in accordance with published prices, charges, and terms of sale in effect at any given time.
10-1-679.4. No grantor, directly or through any officer, agent, or employee, may terminate, cancel, fail to renew, or substantially change the competitive circumstances, including the area of sales responsibility, of a recreational vehicle dealership agreement without good cause. The burden of proving good cause shall be on the grantor.
10-1-679.5. (a) Except as provided in this Code section, a grantor shall provide a recreational vehicle dealer at least 120 days prior written notice of termination, cancellation, nonrenewal, or substantial change in competitive circumstances and shall provide that the recreational vehicle dealer has 120 days in which to rectify any claimed deficiency. The notice shall state all the reasons for termination, cancellation, or nonrenewal and shall further state that if, within 30 days following the receipt of the grantors notice, the recreational vehicle dealer provides to the grantor a written notice to cure all claimed deficiencies, the recreation vehicle dealer shall then have 120 days from the date of the notice to rectify such deficiencies. If the deficiency is rectified within 120 days, the notice shall be void. The notice provisions of this Code section shall not

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apply if the reason for termination, cancellation, or nonrenewal is insolvency, the occurrence of an assignment for the benefit of creditors, or bankruptcy. (b) The 120 days notice shall be reduced to 30 days notice if the grounds for termination, cancellation, or nonrenewal is due to:
(1) Conviction or pleas of nolo contendere to a felony of a recreational vehicle dealer or one of its principal owners; (2) The business operation of the recreational vehicle dealer has been abandoned or closed for ten consecutive days, unless the closing is due to an act of God, strike, or labor difficulty or other cause over which the dealer has no control; (3) The suspension, revocation, or refusal to renew the recreational vehicle dealers license; or (4) A significant misrepresentation by the recreational dealer.
10-1-679.6. (a) If a recreational vehicle dealership franchise agreement is terminated, canceled, or not renewed by the grantor, the grantor, at the option of the recreational vehicle dealer, shall repurchase:
(1) All new, untitled recreational vehicle inventory acquired from the manufacturer within 12 months prior to the effective date of the termination, cancellation, or nonrenewal which has not been materially altered or substantially damaged. The grantor shall reimburse the dealer for 100 percent of the net invoice cost of such inventory, including transportation, less applicable rebates and discounts to the dealer. (2) All functioning diagnostic equipment, special tools, other equipment and machinery, accessories and proprietary parts, and signage as were required to meet the dealers service responsibilities in accordance with manufacturers guides and applicable customer service bulletins and signs sold under the recreational vehicle dealership agreement. (b) The manufacturer shall reimburse the dealer for 100 percent of the current net prices as published in the manufacturers current price lists or catalogs on accessories and parts, including superseded parts, provided it was purchased by the dealer within five years before termination and can no longer be used in the normal course of the dealers business, plus 5 percent of the current net price of all manufacturers accessories and parts returned to compensate the dealer for handling, packing, and loading the parts, plus the cost of freight to return said parts. The grantor shall pay the dealer within 30 days of receipt of the returned items. This Code section shall apply only to merchandise with a name, trademark, label, or other mark on it which identifies the grantor or with proof of purchase from the grantor.
10-1-679.7. It shall be unlawful for any grantor, directly or through any officer, agent, or employee:
(1) To coerce, or attempt to coerce, any dealer to accept delivery of any parts or accessories or any other commodities which have not been ordered by such dealer; or

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(2) To coerce, or attempt to coerce, any dealer to enter into an agreement with such grantor or do any other act unfair to such dealer by threatening to cancel any recreational vehicle dealership franchise agreement existing between such grantor and such dealer.
10-1-679.8. It shall be unlawful for any grantor to prevent or refuse to approve the sale or transfer of the ownership of a recreational vehicle dealership by the sale of the business assets, stock transfer, or otherwise, or a change in executive management or principal operator of the dealership if the new owner, principal operator, or management is creditworthy, has not been convicted of a felony, and is properly licensed; the sale or transfer shall not result in a relocation of the business; and the sale or transfer is otherwise reasonable under the circumstances. The recreational vehicle dealer must give the manufacturer 30 days written notice prior to the closing of such agreement. If the manufacturer rejects a proposed change or sale, the manufacturer shall give written notice of its reasons to the recreational vehicle dealer within 30 days after receipt of the dealer notification and complete documentation. If no such notice is given to the recreational vehicle dealer, the change or sale shall be deemed approved. The burden of proving that any sale or transfer is not reasonable shall be on the grantor.
10-1-679.9. (a) It shall be unlawful for any grantor to fail to provide a recreational vehicle dealer with an opportunity, at the time of signing a recreational vehicle dealership franchise agreement or at a reasonable time thereafter, to designate a member of his or her family as a successor to the dealership in the event of the death, incapacity, or retirement of the dealer. A dealer may from time to time during the term of the franchise agreement change the beneficiary by providing a written notification to the manufacturer. (b) It shall be unlawful to prevent or refuse to honor the succession to a dealership by a family member of the deceased, incapacitated, or retired dealer unless the grantor has provided to the family member so designated written notice of its objections. The burden of proving that such transfer is not reasonable shall be on the grantor. (c) Grounds for objection shall be lack of creditworthiness, conviction of a felony, inability to obtain necessary and required licenses by the beneficiary, lack of required licenses, or other conditions which make such succession unreasonable under the circumstances, but the grantor shall bear the burden of proving the unreasonableness of such succession. No family member of the deceased, incapacitated, or retired dealer may succeed to a recreational vehicle dealership unless the succession to the recreational vehicle dealership will not involve, without the grantors consent, a relocation of the business.
10-1-679.10. (a) Each grantor or warrantor, where applicable, shall specify in writing to each of its recreational vehicle dealers licensed in Georgia the dealers obligation for preparation,

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delivery, and warranty service on its products; shall compensate the dealer for warranty service required of the dealer by the grantor or warrantor; and shall provide the dealer the schedule of compensation to be paid to such dealers for parts, work, and service in connection with warranty service and the time allowances for the performance of such work and service. In no event shall such schedule of compensation fail to include reasonable compensation for diagnostic work as well as repair service and labor. (b) Time allowances for the diagnosis and performance of warranty work and service shall be reasonable and adequate for the work to be performed. In the determination of what constitutes reasonable compensation under this Code section, the principal factors to be considered shall be the actual wage rates being paid by the dealer and the actual retail labor rates being charged by the dealer in the community in which the dealer is doing business. In no event shall such compensation of a dealer for warranty labor be less than the retail rates charged by the dealer for like service to retail customers for nonwarranty labor and repairs as long as such rates are reasonable. (c) A grantor or warrantor, where applicable, shall reimburse the dealer for warranty parts at actual wholesale costs plus a minimum 30 percent handling charge and the cost, if any, of freight to return warranty parts to the grantor or warrantor. Warranty audits of dealer records may be conducted by the grantor or warrantor, where applicable, on a reasonable basis. A grantor or warrantor, where applicable, must disapprove warranty claims in writing within 30 days of the date of submission by the dealer in the manner and form prescribed by the grantor or warrantor. Claims not specifically disapproved in writing within this 30 day period shall be construed to be approved and shall be paid within 45 days. (d) Dealer claims for warranty compensation shall not be denied except for good cause, such as performance of nonwarranty repairs, lack of material documentation, fraud, or misrepresentation. Claims for dealer compensation must be submitted within 45 days of completing the work. The dealer must notify the warrantor verbally or in writing if the dealer is unable to promptly perform material or repetitive warranty repairs. All claims shall be paid within 30 days of dealer submission or rejected in writing for stated reasons. (e) It shall be a violation of this article for any grantor or warrantor, where applicable, to:
(1) Fail to perform any of its warranty obligations with respect to a recreational vehicle and recreational vehicle components; (2) Fail to assume all responsibility for any liability resulting from structural or production defects; (3) Fail to include written notices of factory recalls to vehicle owners and dealers and the expected date by which necessary parts and equipment will be available to dealers for the correction of such defects. The grantor or warrantor, where applicable, may ship parts in quantity to the dealer to effect such campaign work, and if such parts are in excess of the dealers requirements, the dealer may return unused parts to the grantor or warrantor for credit after completion of the campaign;

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(4) Fail to compensate any of its recreational vehicle dealers licensed in Georgia for repairs effected by such dealer of merchandise damaged in manufacture or transit to the dealer where the carrier is designated by the grantor, factory branch, distributor, or distributor branch; (5) Fail to compensate its recreational vehicle dealers licensed in this state for warranty parts, work, and service in accordance with the schedule of compensation provided the dealer pursuant to subsection (a) of this Code section if performed in a timely and competent manner, or for legal costs and expenses incurred by such dealers in connection with warranty obligations for which the grantor or warrantor, where applicable, is legally responsible or which the grantor or warrantor imposes upon the dealer; (6) Misrepresent in any way purchases of recreational vehicles that contain warranties with respect to the manufacture, performance, or design of the vehicles which are made by the dealer, either as warrantor or co-warrantor; or (7) Require the dealer to make warranties to customers in any manner related to the manufacture of a recreational vehicle. (f) Notwithstanding the terms of any agreement, it shall be a violation of this article for any grantor or warrantor, where applicable, to fail to indemnify and hold harmless its recreational vehicle dealers against any losses or damages arising out of claims, costs, judgments, and expenses, including reasonable attorneys fees, or suits relating to the manufacture, assembly, or design of recreational vehicles, parts, or accessories, or other functions by the grantor or warrantor beyond the control of the dealer, including, without limitation, the selection by the grantor or warrantor, where applicable, of parts or components for the recreational vehicle or any damages to merchandise occurring in transit to the dealer where the carrier is designated by the grantor or warrantor. The dealer shall give notice to the grantor or warrantor of pending suits in which allegations are made which come within this subsection whenever reasonably practicable to do so. Any recreational vehicle dealer franchise agreement issued to, amended, or renewed for recreational vehicles in Georgia on or after July 1, 2005, shall be deemed to incorporate provisions consistent with the requirements of this subsection. (g) On any new recreational vehicle, any uncorrected and significant damage, or any corrected damage exceeding 5 percent of the manufacturers suggested retail price or $500.00 or more in paint damage, must be disclosed to the dealer in writing prior to delivery. Factory mechanical repair and damage to glass, tires, and bumpers is excluded from disclosure when properly replaced by identical manufacturers or distributors original equipment or parts. (h) Whenever a new recreational vehicle is damaged in transit when the carrier or means of transportation is determined by the manufacturer or distributor or whenever a recreational vehicle is otherwise damaged prior to delivery to the recreational vehicle dealer or if a new recreational vehicle is found to have substantial box or chassis defects upon arrival at the recreational vehicle dealership, the dealer must notify the grantor or distributor of such damage or such defects within three business days from

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the date of delivery or within a reasonable amount of additional time or such time as specified in the recreational vehicle dealership franchise agreement and either:
(1) Request from the grantor, warrantor, or distributor authorization to replace the components, parts, and accessories damaged or otherwise correct the damage; or (2) Reject the vehicle within the three day grace period. If the dealer exercises the option to refuse delivery of the vehicle, the recreational vehicle grantor must immediately repurchase such vehicle. (i) If the grantor, warrantor, or distributor refuses or fails to authorize repair of such damage within ten days after receipt of notification or if the dealer rejects a recreational vehicle because of damage, ownership of the new recreational vehicle shall revert to the grantor or distributor and the recreational vehicle dealer shall have no obligations, financial or otherwise, with respect to such recreational vehicle. (j) It shall be a violation of this article for any recreational vehicle dealer to: (1) Fail to perform predelivery inspection functions, if required, in a competent and timely manner; (2) Fail to perform warranty service work, authorized by the vehicle warrantor, in a reasonably timely and competent manner on any transient customers vehicle of the same line-make, whether sold by that dealer or not; (3) Intentionally misrepresent the terms of any warranty. (k) All grantors, warrantors, and distributors of recreational vehicle components shall be subject to the provisions of this article.
10-1-679.11. If any grantor or warrantor violates this article, a recreational vehicle dealer may bring an action against such grantor or warrantor in a court of competent jurisdiction in the county of the recreational vehicle dealer for damages sustained as a consequence of the grantors or warrantors violation, together with the actual costs of the action including reasonable attorneys fees, and the dealer also may be granted injunctive relief against unlawful termination, cancellation, nonrenewal, or substantial change of competitive circumstances and refusal to permit transfer of ownership in accordance with Code Sections 10-1-679.2 and 10-1-679.3.
10-1-679.12. In any action brought by a recreational vehicle dealer against a grantor or warrantor under this article, any violation of this article by the grantor or warrantor shall be deemed an irreparable injury to the recreational vehicle dealer for determining if a temporary injunction should be issued.
10-1-679.13. It shall be unlawful for a grantor to establish a new recreational vehicle dealership unless the dealer meets the requirements and definitions provided in this article.

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10-1-679.14. It shall be unlawful for any dealer to sell or distribute any new recreational vehicle in Georgia unless the dealer has a franchise dealership agreement with a grantor with the express right to sell or distribute recreational vehicles in Georgia and meets the requirements and definitions provided in this article. Any dealer who does not meet the requirements of this article may participate in events where recreational vehicles are exhibited or demonstrated and seminars are provided but shall be prohibited from contracting to sell or distribute recreational vehicles to the public. Notwithstanding the foregoing, this section shall not apply to the sale of recreational vehicles at events sponsored by a Georgia based recreational vehicle grantor with manufacturing facilities located in the state, where recreational vehicles are sold or contracted for by its franchised out-of-state recreational vehicle dealers.

10-1-679.15. Any person who violates the provisions of this article shall be guilty of a misdemeanor."

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 Y Borders Y Bridges Y Brooks Y Brown
Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson
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 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 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
Parham Y Parrish

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
Stanley-Turner Stephens Y Stephenson Y Talton Teilhet

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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
Cooper Y Cox

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 Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

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 Thomas, A.M N Thomas, B Y Tumlin Y Walker Y 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, by substitute, the ayes were 161, nays 1.

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

Due to a mechanical malfunction, the vote of Representative Abdul-Salaam of the 74th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

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.

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

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

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

E Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y 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 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 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 Graves, D Y Graves, T Y 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 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
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 Y Parham Y 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 Y Rynders

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

On the passage of the Bill, the ayes were 160, nays 4.

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

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.

Representatives Henson of the 87th and Smith of the 70th stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

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Commissioner of Insurance and the powers of the Commissioner 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.

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 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 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 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 Y Lord
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 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

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
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 E Williams, R Y Wix Y Yates Richardson, Speaker

On the passage of the Bill, the ayes were 170, nays 0.

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

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2737

Representatives McClinton of the 84th and Smith of the 129th 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 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.

The following amendment was read and adopted:

Representative O'Neal of the 146th et al. move to amend SB 43 as follows:

On page 1, delete lines 13, 14 and 15, and renumber accordingly.

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 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 Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister

Y 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 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
Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight Y 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 Y Parham Y Parrish

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

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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 Y Cox

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 Y Hill, C Y Hill, C.A

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 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 Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y 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, as amended, the ayes were 169, nays 0.

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

Representative McClinton of the 84th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

SB 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.

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 E Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson Y Dodson Y Dollar N Drenner Y Dukes

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley N Jackson Y Jacobs Y James

Y Maxwell Y May Y McCall
McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell N Morgan

E 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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2739

Y Black N Bordeaux Y Borders Y Bridges Y Brooks Y Brown
Bruce Y 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 N Coleman, T Y Cooper Y Cox

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 N 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 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 Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox N 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 N Orrock
Parham Y Parrish Y Parsons N 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 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 Y Willard Y Williams, A N Williams, E E Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, the ayes were 151, nays 19.

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

Representative Jamieson of the 28th gave notice that at the proper time she would move that the House reconsider its action in giving the requisite constitutional majority to SB 225.

SB 290. By Senator Bulloch of the 11th:

A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 4 of Title 10, relating to leaf tobacco sales and storage, so as to repeal Code Section 10-4-114.1, relating to grading of leaf tobacco by the Agriculture Marketing Service and alternatives if graders are unavailable; to repeal conflicting laws; and for other purposes.

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

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

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Y Abdul-Salaam Y Amerson Y Anderson
Ashe Y Barnard E Barnes Y Bearden Y Beasley-Teague Y 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
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
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 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 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 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

E Sailor Y Scheid Y Scott, A E 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 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 165, nays 0.

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

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.

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

MONDAY, MARCH 21, 2005

2741

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 N Bearden Y Beasley-Teague Y Benfield N Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G N 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 Y Dodson N Dollar Y Drenner Y Dukes Y Ehrhart Y England
Epps Y Fleming Y Floyd, H Y 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 N Harbin N 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 N 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
Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin

Y Maxwell May
Y McCall Y McClinton N Meadows Y Millar N Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby N Mosley Y Mumford Y Murphy, J Y Murphy, Q N Neal Y Oliver Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell N Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y 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 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 N 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 155, nays 14.

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

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

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.,

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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 Senate 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 the establishment of a program for health care services to low-income recipients; to provide for contracts between health care providers and governmental contractors; to provide for 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 applicability; 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 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:

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"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 or its designee or designees. (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; (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;

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(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 (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.

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31-8-193. (a) The department is authorized and directed to establish a program pursuant to this article to provide for health care services to low-income recipients. The department shall enter into contracts to effectuate the purposes of this article. The department shall make reasonable efforts to promote the program to ensure awareness and participation by low-income recipients. It is the intent of the General Assembly that this program be established as soon as is practicable after the effective date of this article and that the program be implemented state wide at the earliest possible date, subject to available funding. (b) 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 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

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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. (c) 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. (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.
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.

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(b) Prior to providing any services, a volunteer shall enter into a written agreement with the governmental contractor in a form as prescribed by the department. (c) 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; (3) Take such actions as are necessary to ensure that volunteers are provided appropriate oversight and guidance in the performance of their volunteer service; and (4) Ensure that each volunteer enters into a written agreement with the governmental contractor in accordance with subsection (b) of this Code section. (d) A volunteer shall be considered a state employee or officer for purposes of Article 2 of Chapter 21 of Title 50 while performing services pursuant to and in accordance with this Code section.
31-8-196. 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.
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.
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

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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 providers and volunteers 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. 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 3. 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 4. 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 5. 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 6. 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, any caps specified under Code Section 51-13-1, notwithstanding any applicability limitations specified in such Code section, shall serve as a total cap of all damages, regardless of the type of damages claimed; provided, however, that in no event shall the states liability exceed the limits provided for in paragraph (1) of this subsection. The existence of this cap on liability shall not be disclosed or suggested to the jury during the trial of any action brought under this article."

SECTION 7. This Act shall become effective only if funds are specifically appropriated for purposes of this Act in an appropriations Act making specific reference to this Act. This Act shall become effective when funds as appropriated become available for expenditure.

SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

Representative Channell of the 116th moved that the House agree to the Senate substitute to HB 166.

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

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

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson
Dodson 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 Y Gardner N Geisinger

N Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley N 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
Knox

Y Maxwell Y May Y McCall N McClinton Y Meadows Y Millar Y Miller Y Mills
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

E Sailor Y Scheid Y Scott, A
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 N Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet

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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

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 Hill, C Y Hill, C.A

Y Lakly Y Lane, B N 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 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 Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren
Watson Y Wilkinson N Willard
Williams, A N Williams, E E Williams, R Y Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 139, nays 23.

The motion prevailed.

The following Resolutions of the House were read and adopted:

HR 645. By Representatives Porter of the 143rd, Keen of the 179th and Graves of the 137th:

A RESOLUTION commending Reverend James H. Rush; and for other purposes.

HR 646. By Representatives Rogers of the 26th, Reese of the 98th, Mills of the 25th and Knox of the 24th:

A RESOLUTION remembering and honoring the life of Mr. Stephen Michael Merritt; and for other purposes.

HR 647. By Representative Casas of the 103rd:

A RESOLUTION recognizing and commending Elizabeth Kay Rossman; and for other purposes.

HR 648. By Representative Tumlin of the 38th:

A RESOLUTION celebrating the marriage of Miss Jamie Tumlin and Mr. Ryan Patrick; and for other purposes.

HR 649. By Representative Mosley of the 178th:

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A RESOLUTION recognizing and commending Pam Brooks for outstanding contributions to public education in the State of Georgia; and for other purposes.
HR 650. By Representative Mosley of the 178th:
A RESOLUTION recognizing and commending Dee Treadwell for outstanding contributions to public education in the State of Georgia; and for other purposes.
HR 651. By Representative Mosley of the 178th:
A RESOLUTION recognizing and commending Len Knowlton for outstanding contributions to public education in the State of Georgia; and for other purposes.
HR 652. By Representatives Jackson of the 161st, Bryant of the 160th and Williams of the 165th:
A RESOLUTION commending Elder Rufus Griffin; and for other purposes.
HR 653. By Representatives Jackson of the 161st, Bryant of the 160th and Williams of the 165th:
A RESOLUTION commending and honoring the Reverend Rufus H. Burns; and for other purposes.
HR 654. By Representatives Jackson of the 161st, Bryant of the 160th and Williams of the 165th:
A RESOLUTION honoring Reverend Dr. Robert Brown; and for other purposes.
HR 655. By Representatives Jackson of the 161st, Bryant of the 160th and Williams of the 165th:
A RESOLUTION recognizing and congratulating Reverend John Edward Jennings; and for other purposes.
HR 656. By Representatives Jackson of the 161st, Bryant of the 160th and Williams of the 165th:

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A RESOLUTION congratulating and commending Reverend Willie J. Outler; and for other purposes.
HR 657. By Representatives Jackson of the 161st, Bryant of the 160th and Williams of the 165th:
A RESOLUTION recognizing and commending Reverend J. Bernard Kent, Sr.; and for other purposes.
HR 658. By Representatives Jackson of the 161st, Bryant of the 160th and Williams of the 165th:
A RESOLUTION commending and honoring Reverend Thomas Pryor; and for other purposes.
HR 659. By Representatives Jackson of the 161st, Bryant of the 160th, Bordeaux of the 162nd and Williams of the 165th:
A RESOLUTION commending Pastor Sammie Gordon, Sr. for over 40 years of faithful service; and for other purposes.
HR 660. By Representatives Jackson of the 161st, Bryant of the 160th, Bordeaux of the 162nd and Williams of the 165th:
A RESOLUTION commending Reverend Edward L. Ellis, Jr.; and for other purposes.
HR 661. By Representatives Jackson of the 161st, Bryant of the 160th and Williams of the 165th:
A RESOLUTION commending and honoring Apostle R. Walthour, Jr.; and for other purposes.
HR 662. By Representatives Jackson of the 161st, Bryant of the 160th, Bordeaux of the 162nd and Williams of the 165th:
A RESOLUTION congratulating and commending Reverend Pete Broxton; and for other purposes.
HR 663. By Representatives Jackson of the 161st, Bryant of the 160th, Bordeaux of the 162nd and Williams of the 165th:

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A RESOLUTION recognizing and commending Dr. Apostle Idell Cheever; and for other purposes.
HR 664. By Representative Scheid of the 22nd:
A RESOLUTION commending the outstanding keepers of Zoo Atlanta; and for other purposes.
HR 665. By Representative Casas of the 103rd:
A RESOLUTION recognizing and commending Patricia Lane Enloe; and for other purposes.
HR 666. By Representatives Day of the 163rd, Gardner of the 57th, Neal of the 1st, Horne of the 71st, Black of the 174th and others:
A RESOLUTION commending Frank Rotondo; and for other purposes.
HR 667. By Representative Mosley of the 178th:
A RESOLUTION recognizing and commending Jerrian Waters for outstanding contributions to public education in the State of Georgia; and for other purposes.
HR 668. By Representatives Smith of the 70th, Horne of the 71st, Sailor of the 93rd, Williams of the 165th, Keown of the 173rd and others:
A RESOLUTION acknowledging Georgia Baptist Children's Home Day; and for other purposes.
HR 669. By Representatives Martin of the 47th, Burkhalter of the 50th, Geisinger of the 48th and Jones of the 46th:
A RESOLUTION recognizing Edward Andrew Prasch; and for other purposes.
HR 670. By Representatives Smith of the 168th, Keen of the 179th, Coleman of the 144th, Mosley of the 178th, Sims of the 169th and others:
A RESOLUTION commending the Golden Isles Parkway Association, Inc., and their partners for the "Trash to Treasures from the Peaches to the Beaches" annual yard sale; and for other purposes.

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HR 671. By Representative Mosley of the 178th:
A RESOLUTION recognizing and commending Michael Murray for outstanding contributions to public education in the State of Georgia; and for other purposes.
HR 672. By Representative Casas of the 103rd:
A RESOLUTION commending Christian Alexander Fuller on becoming and Eagle Scout; and for other purposes.
HR 673. By Representative Bruce of the 64th:
A RESOLUTION recognizing and commending the Pearls of West Georgia Debutantes; and for other purposes.
HR 674. By Representatives Byrd of the 20th, Murphy of the 23rd, Hill of the 21st and Scheid of the 22nd:
A RESOLUTION commending the Etowah High School Lady Eagles basketball team; and for other purposes.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 643. By Representatives Marin of the 96th, Richardson of the 19th, Porter of the 143rd, Floyd of the 99th, Heard of the 104th and others:
A RESOLUTION commending Ashley Smith and inviting her to appear before the House of Representatives; and for other purposes.
HR 644. By Representatives Marin of the 96th, Richardson of the 19th, Porter of the 143rd, Floyd of the 99th, Heard of the 104th and others:
A RESOLUTION commending the Gwinnett County Police Department's Uniform and Communications Divisions and SWAT Team and inviting their members to appear before the House of Representatives; and for other purposes.
Representative Cooper of the 41st District, Chairman of the Committee on Health and Human Services, submitted the following report:
Mr. Speaker:

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Your Committee on Health and Human Services 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 109 Do Pass, by Substitute
Respectfully submitted, /s/ Cooper of the 41st
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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 259 Do Pass
Respectfully submitted, /s/ Ralston of the 7th
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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 46 Do Pass, by Substitute
Respectfully submitted, /s/ Lewis of the 15th
Chairman
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:
SB 219. By Senators Thompson of the 5th, Unterman of the 45th, Weber of the 40th, Henson of the 41st, Butler of the 55th and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Norcross, Georgia, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3729), so as to change the corporate limits of the City of Norcross; to repeal conflicting laws; and for other purposes.
SB 233. By Senator Seay of the 34th:
A BILL to be entitled an Act to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved March 25, 1994 (Ga. L. 1994, p. 4138), and an Act approved April 16, 1999 (Ga. L. 1999, p. 4556), so as to provide for the salaries of the judges of the state court; to provide for the salary of the solicitor of the state court; to provide for a county supplement; to repeal conflicting laws; and for other purposes.
SB 321. By Senator Williams of the 19th:
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 effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
SB 322. By Senator Williams of the 19th:
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

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for the authority of this Act; to provide an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
SB 323. By Senator Williams of the 19th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Jeff Davis County, approved March 27, 1972 (Ga. L. 1972, p. 2760), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
SB 337. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to amend an Act to amend, consolidate, and supersede the several Acts incorporating the City of Colbert, approved February 14, 1950 (Ga. L. 1950, p. 2417), as amended, so as to extensively revise the city charter; 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 oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for effective dates; to repeal conflicting laws; and for other purposes.
SB 338. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, so as to provide that the solicitor-general of said court may employ such assistant solicitors-general, deputy solicitors-general, or other attorneys, investigators, paraprofessionals, clerical assistants, and other employees or independent contractors as may be authorized by the Board of Commissioners of Clayton County; to provide for compensation; to provide for qualifications; to repeal conflicting laws; and for other purposes.
SB 339. By Senators Seay of the 34th and Starr of the 44th:

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A BILL to be entitled an Act to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4327), so as to provide for an increase in the compensation of the clerk of the state court; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 340. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4335), so as to increase the salary of the clerk of the Superior Court of Clayton County; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 341. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act providing for a supplement to the salaries of the judges of the superior court of the Clayton Judicial Circuit, approved April 10, 1969 (Ga. L. 1969, p. 353), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4670), so as to increase the county supplement to the state salary of said judges; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 342. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4342), so as to change the provisions relating to the compensation of the sheriff; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 343. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4331), so as to change the compensation of the judge of the probate court; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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SB 351. By Senator Kemp of the 46th:
A BILL to be entitled an Act to amend an Act establishing a City Court in the County of Clarke, formerly known as the State Court of Clarke County, Georgia, approved September 9, 1879 (Ga. L. 1878-79, p. 291), as amended, now known as the State Court of Athens-Clarke County, as redesignated by an Act approved March 2, 1990 (Ga. L. 1990, p. 3560), so as to authorize the court to charge a technology fee for each civil case filed and each criminal fine imposed; to specify the uses to which said technology fees may be utilized; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 352. By Senators Douglas of the 17th and Starr of the 44th:
A BILL to be entitled an Act to abolish the Board of Elections for Henry County, as established by an Act approved April 5, 1995 (Ga. L. 1995, p. 4198), establishing the same; to create a board of elections and registration for Henry County and 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 an effective date; to repeal conflicting laws; and for other purposes.
SB 357. By Senator Powell of the 23rd:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Blythe, approved April 29, 1997 (Ga. L.1997, p. 4491), as amended, so as to change a provision relating to removal or suspension of appointed officers and directors; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
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

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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.
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.
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.
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

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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.
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.
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.
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.
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.

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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.
HB 751. By Representatives Royal of the 171st, Houston of the 170th and Rynders of the 152nd:
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.
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.
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.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
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,

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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 authority dissolution; to provide for severability; to provide an effective date; 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 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 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, March 22, 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 E Barnes Bearden Benton Black Borders Bridges Brooks Brown Bryant Buckner, D Buckner, G Burkhalter Burns Butler Byrd Carter Casas Chambers Channell Cheokas Cole Coleman, B Cooper

Crawford Cummings Davis Day Dickson Dodson Drenner Ehrhart England Fleming Floyd, J Fludd Forster Franklin Freeman Gardner Geisinger Graves, T Greene Harbin Hatfield Heard, J Heard, K Hill, C Hill, C.A Holmes Holt

Horne Houston Howard Hudson Hugley Jacobs James Jamieson Jenkins Jones, J Jones, S Jordan Keen Keown Kidd Lakly Lane, B Lane, R Lewis Lindsey Lord Loudermilk Maddox Mangham Marin Maxwell May

Meadows Miller Mills Mitchell Morris Mosley Mumford Murphy, J Murphy, Q Neal Oliver O'Neal Parsons Porter Powell Ralston Randall Ray Reece, B Reece, S Rice Roberts Rogers Royal Rynders E Sailor

Scheid Scott, M Setzler Shaw Sims, F Smith, B Smith, L Smith, P Smith, R Smith, T Smith, V Stephens Talton Teilhet Thomas, B Tumlin Walker 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 Anderson of the 123rd, Beasley-Teague of the 65th, Bordeaux of the 162nd, Bruce of the 64th, Burmeister of the 119th, Coleman of the 144th, Cox of the 102nd, Dean of the 59th, Dollar of the 45th, Epps of the 128th, Graves of the 137th, Hanner of the 148th, Heckstall of the 62nd, Hembree of the 67th, Jennings of the 82nd, Knight of the 126th, Knox of the 24th, Lucas of the 139th, Manning of the 32nd, McCall of the 30th, McClinton of the 84th, Millar of the 79th, Mosby of the 90th, Orrock of the 58th, Parham of the 141st, Parrish of the 156th, Reese of the 98th, Scott of the 153rd, Sheldon of the 105th, 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, and Wix of the 33rd.

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They wish to be recorded as present.
Prayer was offered by Rabbi Marc Baker, Webber School, 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 Resolution of the House were introduced, read the first time and referred to the Committees:
HB 864. By Representatives Mills of the 25th, Hill of the 21st, Maxwell of the 17th, Knight of the 126th and Murphy of the 23rd:
A BILL to be entitled an Act to amend Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, so as to provide for the return of sales surplus to the debtor; to provide for penalties; to provide for disclosures; 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 Banks & Banking.

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HB 865. By Representative Hatfield of the 177th:
A BILL to be entitled an Act to amend Code Section 15-1-9.3 of the Official Code of Georgia Annotated, relating to senior judge of state court, probate court, or juvenile court, request for assistance of a senior judge, and compensation, so as to provide that a state court or juvenile court judge shall be eligible for appointment as a senior judge with a combination of service as a judge and as a solicitor-general of a state court; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 868. By Representative Mosley of the 178th:
A BILL to be entitled an Act to amend Article 5 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to contributions to the Georgia Judicial Retirement System, so as to provide that employee contributions shall cease after the member has obtained 24 years of creditable service in 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.
HB 871. By Representative Mosley of the 178th:
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 for creditable service for certain prior military service; to provide for the payment of 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 873. By Representatives Walker of the 107th, Hudson of the 124th, Day of the 163rd and Wilkinson of the 52nd:
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 allow physicians assistants to render assistance during a state of emergency or public health emergency; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Health & Human Services.
HB 874. By Representatives Chambers of the 81st, Jacobs of the 80th, Millar of the 79th, Willard of the 49th, Ralston of the 7th 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 exceptions and exemptions to requirements for disclosure of public records, so as to clarify an exception; to provide that public disclosure shall not be required for records that are specifically required by federal statute or regulation to be kept confidential; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 875. By Representatives Hembree of the 67th, Cox of the 102nd and Horne of the 71st:
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 Motor Vehicles.
HB 876. By Representative Davis of the 109th:
A BILL to be entitled an Act to create the Henry County Governmental Services Authority; to provide for a short title; to provide for the appointment of members of the authority; to confer powers upon the authority including the power to acquire, lease, construct, install, maintain, and equip certain public service facilities within the limits of Henry County, Georgia; to authorize the issuance of revenue bonds of the authority from the revenues, tolls, fees, charges and earnings, of the authority, contract payments to the authority and from other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, earnings, and contract payments of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

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HR 675. By Representative Buckner of the 130th:
A RESOLUTION recognizing the need for an improved system of stroke care for all Georgia residents; and for other purposes.
Referred to the Committee on Health and Human Services.
By unanimous consent, the rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the Committees:
HB 882. By Representatives Heckstall of the 62nd, Holmes of the 61st, Bruce of the 64th, Jordan of the 77th, Porter of the 143rd and others:
A BILL to be entitled an Act to amend Code Section 21-2-226 of the Official Code of Georgia Annotated, relating to duties of county board in determining eligibility of voters, maps of municipal boundaries, notice of ineligibility, issuance of registration cards, and reimbursement for postage cost, so as to provide for electors photographs on voter registration cards; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 885. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act establishing a board of education of Coffee County, approved March 10, 1970 (Ga. L. 1970, p. 2441), as amended, particularly by an Act approved October 25, 2001 (Ga. L. 2001, Ex. Sess., p. 755), so as to provide that the members of the board of education shall be elected in nonpartisan elections; to provide for related matters; to provide for preclearance of this Act pursuant to 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.
HR 678. By Representatives Fleming of the 117th, Burkhalter of the 50th, Keen of the 179th, Smith of the 113th, Hembree of the 67th and others:
A RESOLUTION urging the Board of Regents of the University System of Georgia to consult with representatives of the Association of Governing Boards; and for other purposes.

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Referred to the Committee on Rules.

HR 679. By Representatives Fleming of the 117th, Burkhalter of the 50th, Keen of the 179th, Smith of the 113th, Hembree of the 67th and others:

A RESOLUTION creating the House Study Committee on University System Institution Foundations; 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 841 HB 842 HB 843 HB 846 HB 847 HB 848 HB 849 HB 850 HB 851 HB 852 HB 853 HB 854 HB 855 HB 856 HB 857 HB 858 HB 859 HB 860

HB 861 HB 862 HB 863 HB 866 HB 867 HB 869 HB 870 HB 872 HR 606 HR 632 HR 633 HR 634 HR 641 HR 642 SB 333 SB 345 SB 350

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 Senate and has instructed me to report the same back to the House with the following recommendations:

SB 80 Do Pass SB 84 Do Pass, by Substitute

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Respectfully submitted, /s/ Scott of the 153rd
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 493 Do Pass HR 517 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 Senate and has instructed me to report the same back to the House with the following recommendation:

SB 127 Do Pass, by Substitute

Respectfully submitted, /s/ Amerson of the 9th
Chairman

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 Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HR 171 Do Pass HR 568 Do Pass

HR 570 Do Pass, as Amended SR 124 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:

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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 828 HB 829 HB 830 HB 835 HB 836 HB 837 HB 838

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

HB 839 HB 840 HB 844 HB 845 SB 297 SB 309

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 TUESDAY, MARCH 22, 2005

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 36th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule SB 103 SB 167 SB 217 SB 283

Athletic Associations; establish criteria according to student enrollment Credit Life Insurance; notify of early payoff of indebtedness Life Settlements Act; protect contractual/property rights of policy owner Natural Resources, Dept.; deadhead logging operations; establish program; provide administration; define terms

Modified Open Rule

SB 90

Ga. Smokefree Air Act; definitions; exceptions; violations; penalties

Modified Structured Rule

SB 140

Patient's Right to Independent Review Act; revise; add definitions;

references

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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 and Senate were taken up for consideration and read the third time:
HB 828. By Representatives Fleming of the 117th, Harbin of the 118th and Burmeister of the 119th:
A BILL to be entitled an Act to make provisions for the Magistrate Court of Columbia County; to provide for qualifications for the office of chief magistrate and magistrate; to provide for exceptions; 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 829. 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 830. By Representative Ray of the 136th:
A BILL to be entitled an Act to create a board of elections and registration for Crawford County and 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

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provide for personnel, including a chief election official, and compensation; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide 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 835. By Representatives Brown of the 69th and Smith of the 70th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Heard County, approved April 4, 1991 (Ga. L. 1991, p. 3976), as amended, particularly by an Act approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 479), so as to provide for the election of members of the board of commissioners and the county chairman 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 836. By Representative Bridges of the 10th:
A BILL to be entitled an Act to amend an Act providing for the election of the members of the board of education of Habersham County, approved March 5, 1976 (Ga. L. 1976, p. 2708), as amended, so as to provide for the compensation of the members of such board; to provide for the automatic repeal of this 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.
HB 837. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to create the Stephens County School Building 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, charges, and earnings of the authority, contract payments to the authority, and other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, and earnings of the authority for the payment of such

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revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; to make the revenue bonds of the authority exempt from taxation; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to 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 838. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to amend an Act creating the Banks County Family Connection Commission, approved April 13, 2001 (Ga. L. 2001, p. 4134), so as to change the membership of the commission; to change certain provisions requiring an oath 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 839. By Representatives Fleming of the 117th, Harbin of the 118th and Burmeister of the 119th:
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 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 840. By Representatives Setzler of the 35th, Tumlin of the 38th, Teilhet of the 40th, Cooper of the 41st, 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

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amended, particularly by an Act approved June 30, 2003 (Ga. L. 2003, p. 4373), so as to change the provisions relating to 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 844. By Representative Coleman of the 144th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Dodge County, approved March 6, 1996 (Ga. L. 1996, p. 3507), as amended, so as to reapportion the education districts for election of the members of said board of education; 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 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 report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 309. By Senators Golden of the 8th and Bulloch of the 11th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Thomasville, approved March 30, 1990 (Ga. L. 1990, p. 5051), as amended, so as to change the method of filling vacancies on the board of education of the independent school district of the City of Thomasville; 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 Bills of the House were taken up for the purpose of considering the Senate substitute or amendment thereto:

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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 following Senate substitute was read:
A BILL
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 for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
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 Putnam County, hereinafter referred to as "the board." The board shall have the powers, duties, and responsibilities of the judge of the probate court of Putnam County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," and the powers, duties, and responsibilities of the board of registrars of Putnam County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

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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 Putnam County and "county" means Putnam County.
SECTION 3. (a) The board shall be composed of five members who shall be appointed as provided in this section. (b) Two members of the board shall be appointed by the chairperson of the county executive committee of the political party which received the highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of such member. Two members of the board shall be appointed by the chairperson of the political party which received the second highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of such member. Each appointment shall have been ratified by a majority of the members of each of such respective executive committees voting at a regularly scheduled meeting of such executive committees or a meeting duly called and held for such purpose. In the event that the members of said executive committees fail to appoint such members at least 30 days preceding the date on which such members are to take office, such members shall be appointed by the governing authority of Putnam County. In the event that there is no county executive committee of a political party, the appointments on behalf of such political party shall be made by the state executive committee of such party. (c) One member of the board shall be selected by the governing authority of Putnam County. (d) All appointments to the board shall be promptly certified by the appointing authority of Putnam County to the clerk of the Superior Court of Putnam County. (e) The initial appointees to the board shall take office on July 1, 2005. The member appointed by the governing authority of Putnam County and one of the two members appointed by each political party shall serve terms beginning on July 1, 2005, and ending on June 30, 2009, and until his or her respective successor is duly appointed and qualified. Successors to each such member shall thereafter be appointed by the appropriate appointing authority to serve a term of office of four years beginning July 1, 2009, and until his or her respective successor is duly appointed and qualified. The other appointee of each political party shall serve a term beginning on July 1, 2005, and ending on June 30, 2007, and until his or her respective successor is duly appointed and qualified. Successors to such members shall thereafter be appointed by the appropriate appointing authority to serve terms of office of four years beginning July 1, 2007, and until their successors are duly appointed and qualified. Thereafter, all members shall be appointed to serve four-year terms of office. The executive committees of each political

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party making the initial appointments under this section shall designate which term each appointee shall serve. (f) The member of the board appointed by the governing authority of Putnam County shall serve as chairperson.
SECTION 4. The board shall be authorized to appoint a person to serve as the election supervisor of Putnam County. Such position shall be full-time and such person shall be paid a salary to be set by the board and payable from county funds. The election supervisor shall generally 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 be supervised by the board and shall be subject to removal from office by the board, with or without cause, and shall be subject to removal from office by the Board of Commissioners of Putnam County pursuant to the Putnam County personnel policy in effect at the time, hereby making the election supervisor subject to such personnel policy.
SECTION 5. Each member of the board shall:
(1) Be eligible to be reappointed to succeed such member up to a total of two full four-year terms of office; (2) Have the right to resign at any time by giving written notice of such resignation to the governing authority of Putnam County and to the clerk of the superior court; and (3) Be subject to removal from the board at any time, for cause, after notice and hearing, by the chief judge of the Superior Court of Putnam County.
SECTION 6. (a) The appointing authority shall certify the appointment of each member of the board by filing an affidavit with the clerk of the superior court no later than 30 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. (b) 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 7. In the event a vacancy occurs in the office of any member before the expiration of his or her term, by removal, death, resignation, or otherwise, the appointing authority which is required under Section 3 of this Act to make the appointment to the office upon the expiration of the term shall appoint a successor to serve the remainder of the unexpired term as provided for in Section 3 of this Act. If the vacancy in office is not filled within 60 days after it occurs, the vacancy shall be filled for the remainder of the term by the

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governing authority of Putnam County. 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. (a) The first members of the board under this Act shall be appointed as provided in this Act to take office on July 1, 2005. The board shall take no official action until all members have been certified to the clerk of the Superior Court of Putnam County. (b) Before entering upon the members duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest.
SECTION 9. (a) 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 Putnam County and must have been registered voters in Putnam County for a period of at least one year prior to the date of appointment to the board.
SECTION 10. (a) Nothing in this Act shall be construed to require or prohibit joint primaries or to require or prohibit the commissioners or any other public agency to bear any expense of conducting primaries not otherwise required by law. (b) The board shall have the authority to contract with any municipality located within Putnam County for the holding by the board of any primary or election to be conducted within such municipality.
SECTION 11. With the approval of the commissioners, the board shall be authorized to expend public funds for the purpose of preparing and distributing material solely to inform and instruct electors of the county adequately with regard to elections. No material distributed by the board shall contain or express, in any manner or form, any commentary or expression of opinion or request for support with respect to any political issue or matter of political concern.
SECTION 12. (a) The board shall be authorized and empowered to organize itself, elect from among its members a vice chairperson, 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 its affairs; provided, however, that no such action shall conflict with state law. (b) Action and decision by the board shall be by a majority of the members of the board.

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SECTION 13. (a) 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 meetings at the county courthouse or at the place of meeting of the commissioners. Any specially called meetings held pursuant to the bylaws adopted by the board shall be held only after notification of the time and place of the holding of such special meeting has been communicated in writing to the election supervisor to provide public notice of the meeting as required by law. All meetings of whatever kind of the board shall be conducted pursuant to Chapter 14 of Title 50 of the O.C.G.A. (b) 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 pursuant to Article 4 of Chapter 18 of Title 50 of the O.C.G.A.
SECTION 14. (a) The chairperson of the board of elections and registration shall chair all meetings of the board and be the spokesperson for the board. (b) Compensation for the members of the board shall be fixed by the commissioners. (c) All amounts payable under this section shall be paid from the funds of Putnam County.
SECTION 15. Subject to appropriation of funds by the commissioners, the board shall be authorized to expend public funds to provide for such proper and suitable administrative offices and for such clerical assistants and other employees as the board shall deem appropriate. Such clerical assistants and other employees shall be subject to removal from office by the Board of Commissioners of Putnam County pursuant to the Putnam County personnel policy in effect at the time, hereby making such clerical assistants and other employees subject to such personnel policy. Compensation for such administrative personnel shall be paid by the board under the county personnel system wholly from county funds. This section shall not be construed so as to require the board to expend any funds simply because it is authorized to do so under this Act.
SECTION 16. The board shall be responsible for the selection, appointment, and training of poll workers.
SECTION 17. The Board of Commissioners of Putnam County shall cause, through its legal counsel, this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, within 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 18.

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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 Putnam County and the board of registrars of Putnam 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 19. All laws and parts of laws in conflict with this Act are repealed.
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 following Senate amendment was read:
The Senate moves to amend the committee substitute to HB 396 by striking from lines 2 and 3 on page 1 "April 25, 2002 (Ga. L. 2002, p. 4749)" and inserting in lieu thereof "May 30, 2003 (Ga. L. 2003, p. 3711)".
By inserting "to provide for an effective date;" after "County;" on line 4 on page 1.
By substituting "71,536.74" for "68,785.33" on line 11 on page 1.
By substituting "87,290.22" for "83,932.90" on line 18 on page 1.
By adding between lines 22 and 23 on page 1 the following:
"SECTION 2.1. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."
By unanimous consent, the following roll call vote was made applicable to the previously read Bills.

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On the passage of the Bills, and on the agreement to the Senate substitute or amendment, the roll call was ordered and the vote was as follows:

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

Y Crawford Y Cummings Y Davis
Day Dean Y Dickson Y Dodson Dollar Drenner Y Dukes Ehrhart Y England Y Epps Y Fleming Floyd, H Y Floyd, J Y Fludd Y Forster 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 Heard, K Heckstall Y Hembree Henson Y Hill, C Hill, C.A

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

Y Maxwell Y May
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 Y Oliver 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

E Sailor Y Scheid Y Scott, A
Scott, M Y Setzler Y 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 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, and on the agreement to the Senate substitute or amendment, the ayes were 129, nays 0.

The Bills, having received the requisite constitutional majority, were passed, and the House has agreed to the Senate substitute or amendment.

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.

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

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HB 845. By Representatives 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.

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

Pursuant to Rule 133, Representative Byrd of the 20th was excused from voting on HB 845.

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

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

Y Crawford Y Cummings
Davis Day Dean Y Dickson Y Dodson Dollar Drenner 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 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 Hill, C.A

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

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

E Sailor Y Scheid Y Scott, A
Scott, M Y Setzler Y Shaw
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 Y Walker Y Warren Y Watson Y Wilkinson Willard 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 128, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Representatives Jacobs of the 80th, Neal of the 1st, Parrish of the 156th, 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.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 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.
The Senate has agreed to the House amendment to the following resolution 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.
The Senate insists on its amendment to the following bill of the House:
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.

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The Senate has passed as amended, by the requisite constitutional majority, the following bills of the House:
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.
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 Senate has passed by the requisite constitutional majority the following bills of the House:
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.
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

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provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
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.
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.
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.
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

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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 Senate has adopted by the requisite constitutional majority the following resolution of the House:
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.
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
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.
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

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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.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 219. By Senators Thompson of the 5th, Unterman of the 45th, Weber of the 40th, Henson of the 41st, Butler of the 55th and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Norcross, Georgia, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3729), so as to change the corporate limits of the City of Norcross; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 233. By Senator Seay of the 34th:
A BILL to be entitled an Act to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved March 25, 1994 (Ga. L. 1994, p. 4138), and an Act approved April 16, 1999 (Ga. L. 1999, p. 4556), so as to provide for the salaries of the judges of the state court; to provide for the salary of the solicitor of the state court; to provide for a county supplement; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 321. By Senator Williams of the 19th:
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 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.
SB 322. By Senator Williams of the 19th:

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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.
SB 323. By Senator Williams of the 19th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Jeff Davis County, approved March 27, 1972 (Ga. L. 1972, p. 2760), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 337. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to amend an Act to amend, consolidate, and supersede the several Acts incorporating the City of Colbert, approved February 14, 1950 (Ga. L. 1950, p. 2417), as amended, so as to extensively revise the city charter; 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 oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 338. By Senators Seay of the 34th and Starr of the 44th:

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A BILL to be entitled an Act to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, so as to provide that the solicitor-general of said court may employ such assistant solicitors-general, deputy solicitors-general, or other attorneys, investigators, paraprofessionals, clerical assistants, and other employees or independent contractors as may be authorized by the Board of Commissioners of Clayton County; to provide for compensation; to provide for qualifications; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 339. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4327), so as to provide for an increase in the compensation of the clerk of the state court; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 340. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4335), so as to increase the salary of the clerk of the Superior Court of Clayton County; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 341. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act providing for a supplement to the salaries of the judges of the superior court of the Clayton Judicial Circuit, approved April 10, 1969 (Ga. L. 1969, p. 353), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4670), so as to increase the county supplement to the state salary of said judges; to provide for 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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SB 342. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4342), so as to change the provisions relating to the compensation of the sheriff; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 343. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4331), so as to change the compensation of the judge of the probate court; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 351. By Senator Kemp of the 46th:
A BILL to be entitled an Act to amend an Act establishing a City Court in the County of Clarke, formerly known as the State Court of Clarke County, Georgia, approved September 9, 1879 (Ga. L. 1878-79, p. 291), as amended, now known as the State Court of Athens-Clarke County, as redesignated by an Act approved March 2, 1990 (Ga. L. 1990, p. 3560), so as to authorize the court to charge a technology fee for each civil case filed and each criminal fine imposed; to specify the uses to which said technology fees may be utilized; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 352. By Senators Douglas of the 17th and Starr of the 44th:
A BILL to be entitled an Act to abolish the Board of Elections for Henry County, as established by an Act approved April 5, 1995 (Ga. L. 1995, p. 4198), establishing the same; to create a board of elections and registration for Henry County and provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and

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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 an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 357. By Senator Powell of the 23rd:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Blythe, approved April 29, 1997 (Ga. L.1997, p. 4491), as amended, so as to change a provision relating to removal or suspension of appointed officers and directors; 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, Coan of the 101st, Holt of the 112th, Bruce of the 64th, and McCall of the 30th.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
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.
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.
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

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SB 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.

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 Y Beasley-Teague Y Benfield Y Benton Y Black
Bordeaux Y Borders
Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister
Burns Y Butler Y Byrd Y Carter
Casas Y Chambers Y Channell Y Cheokas

Y 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
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 Holmes Holt
Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins
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 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 Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell
Ralston Y Randall Y Ray Y Reece, B Y Reece, S

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

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E Coan Y Cole
Coleman, B Coleman, T Y Cooper Y Cox

Y Heard, K Y Heckstall Y Hembree
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

On the passage of the Bill, the ayes were 162, nays 0.

Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

The Speaker Pro Tem assumed the Chair.

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.

The following amendment was read:

Representative Williams of the 165th moves to amend SB 283 by striking lines 1 through 5 of page 2 and inserting in lieu thereof the following:

"(2) 'River' means only a navigable part of: (A) The Altamaha River not in or adjoining McIntosh, Glynn, Long, or Wayne County; or (B) The Flint River;
provided, however, that such term does not include any segment of a stream of water which segment is a boundary of the State of Georgia as described in Article 1 of Chapter 2 of Title 50, nor does such term include any other parts or tributaries of the Altamaha or Flint Rivers or any part of any other river.".

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

Y Abdul-Salaam Y Amerson

N Crawford N Cummings

Y Holmes N Holt

N Maxwell N May

Y Sailor N Scheid

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

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

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

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

On the adoption of the amendment, the ayes were 72, nays 92.

N Scott, A N Scott, M N Setzler Y Shaw N Sheldon Y Sims, C N Sims, F Y Sinkfield N Smith, B N Smith, L N Smith, P N Smith, R Y 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 N Williams, R N Wix N Yates
Richardson, Speaker

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 N Amerson N Anderson N Ashe Y Barnard Y Barnes N Bearden
Beasley-Teague

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson Y Dodson N Dollar

N Holmes Y Holt Y Horne N Houston N Howard N Hudson N Hugley N Jackson

Y Maxwell Y May Y McCall N McClinton Y Meadows Y Millar N Miller E Mills

N Sailor Y Scheid N Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon N Sims, C

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

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

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

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

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

On the passage of the Bill, the ayes were 90, nays 76.

The Chair voted "aye".

On the passage of the Bill, the ayes were 91, nays 76.

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

Representative Bordeaux of the 162nd gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to SB 283.

The Speaker assumed the Chair.

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:

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SB 328. By Senators Adelman of the 42nd, Butler of the 55th, Jones of the 10th, Thompson of the 5th, Miles of the 43rd and others:
A BILL to be entitled an Act to create the DeKalb County Court Technology Fund; to authorize the imposition and collection of a technology fee for the filing of certain cases and the imposition of surcharges to certain fines; to specify the uses to which such fees and surcharges may be put; to provide for the auditing and accounting for such fund; to provide for a supervising board for such fund and the membership, composition, authority, powers, and duties thereof; to provide for related matters; to provide an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
SB 354. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to create a board of elections and registration for Dade 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 repeal conflicting laws; and for other purposes.
SB 358. By Senator Grant of the 25th:
A BILL to be entitled an Act to provide for a homestead exemption from Baldwin County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for residents of that county who are 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.
SB 359. By Senator Grant of the 25th:
A BILL to be entitled an Act to provide for a homestead exemption from Baldwin County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for

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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.
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 816 Do Pass, by Substitute HB 826 Do Pass
Respectfully submitted, /s/ Smith of the 168th
Chairman
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 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 matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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The following substitute, offered by the Committee on Rules, was read and adopted:
A BILL
To amend Code Section 33-20A-5 of the Official Code of Georgia Annotated, relating to standards for certification of qualified managed care plans, so as to change certain provisions relating to standards for certification of qualified managed care plans; to amend Article 2 of Chapter 20A of Title 33 of the Official Code of Georgia Annotated, 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 Official Code of Georgia Annotated, 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 Official Code of Georgia Annotated, relating to PeachCare for Kids, so as to provide for a definition; to change certain provisions relating to the creation of PeachCare, availability, eligibility, payment of premiums, and enrollment; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 33-20A-5 of the Official Code of Georgia Annotated, relating to standards for certification of qualified managed care plans, is amended by striking division (1)(A)(ix) and inserting in lieu thereof the following:
"(ix)(I) Except as provided for in subdivision (II) of this division, the 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; (II) For a managed care plan offered pursuant to Article 1 of Chapter 18 of Title 45, a statement that the managed care entity shall not utilize restrictive formularies or prior approval requirements for prescription drugs and that the managed care entity shall provide coverage for any drug legally prescribed pursuant to the laws of this state;"
SECTION 2. Article 2 of Chapter 20A of Title 33 of the Official Code of Georgia Annotated, relating to the patients right to independent review, is amended by striking such article in its entirety and inserting in lieu thereof a new Article 2 to read as follows:
"ARTICLE 2

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33-20A-30. This article shall be known and may be cited as the 'Patients Right to Independent Review Act.'
33-20A-31. As used in this article:
(1) 'Department' means the Department of Community Health established under Chapter 5A of Title 31. (2) 'Eligible enrollee' means a person who:
(A) Is an enrollee or an eligible dependent of an enrollee of a managed care plan or was an enrollee or an eligible dependent of an enrollee of such plan at the time of the request for treatment; and (B) Seeks a treatment which reasonably appears to be a covered service or benefit under the enrollees evidence of coverage; provided, however, that this subparagraph shall not apply if the notice from a managed care plan of the outcome of the grievance procedure was that a treatment is experimental.; and (C) Is not a Medicaid care management member. (2)(3) 'Grievance procedure' means the grievance procedure established pursuant to Code Section 33-20A-5. (3)(4) 'Independent review organization' means any organization certified as such by the planning agency department under Code Section 33-20A-39. (5) 'Medicaid care management member' means a recipient of medical assistance, as that term is defined in paragraph (7) of Code Section 49-4-141, and shall also include a child receiving health care benefits pursuant to Article 13 of Chapter 5 of Title 49. (4)(6) 'Medical and scientific evidence' means: (A) Peer reviewed scientific studies published in or accepted for publication by medical journals that meet nationally recognized requirements for scientific manuscripts and that submit most of their published articles for review by experts who are not part of the editorial staff; (B) Peer reviewed literature, biomedical compendia, and other medical literature that meet the criteria of the National Institutes of Healths National Library of Medicine for indexing in Index Medicus, Excerpta Medicus (EMBASE), Medline, and MEDLARS data base or Health Services Technology Assessment Research (HSTAR); (C) Medical journals recognized by the United States secretary of health and human services, under Section 1861(t)(2) of the Social Security Act; (D) The following standard reference compendia: the American Hospital Formulary Service-Drug Information, the American Medical Association Drug Evaluation, the American Dental Association Accepted Dental Therapeutics, and the United States Pharmacopoeia-Drug Information; or (E) Findings, studies, or research conducted by or under the auspices of federal government agencies and nationally recognized federal research institutes including the Federal Agency for Health Care Policy and Research, National Institutes of

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Health, National Cancer Institute, National Academy of Sciences, the Centers for Medicare and Medicaid Services, and any national board recognized by the National Institutes of Health for the purpose of evaluating the medical value of health services. (5)(7) 'Medical necessity,' 'medically necessary care,' or 'medically necessary and appropriate' means care based upon generally accepted medical practices in light of conditions at the time of treatment which is: (A) Appropriate and consistent with the diagnosis and the omission of which could adversely affect or fail to improve the eligible enrollees condition; (B) Compatible with the standards of acceptable medical practice in the United States; (C) Provided in a safe and appropriate setting given the nature of the diagnosis and the severity of the symptoms; (D) Not provided solely for the convenience of the eligible enrollee or the convenience of the health care provider or hospital; and (E) Not primarily custodial care, unless custodial care is a covered service or benefit under the eligible enrollees evidence of coverage. (6) 'Planning agency' means the Health Planning Agency established under Chapter 6 of Title 31 or its successor agency. (7)(8) 'Treatment' means a medical service, diagnosis, procedure, therapy, drug, or device. (8)(9) Any term defined in Code Section 33-20A-3 shall have the meaning provided for that term in Code Section 33-20A-3 except that 'enrollee' shall include the enrollees eligible dependents. 33-20A-32. An eligible enrollee shall be entitled to appeal to an independent review organization when: (1) The eligible enrollee has received notice of an adverse outcome pursuant to a grievance procedure or the managed care entity has not complied with the requirements of Code Section 33-20A-5 with regard to such procedure; or (2) A managed care entity determines that a proposed treatment is excluded as experimental under the managed care plan, and all of the following criteria are met: (A) The eligible enrollee has a terminal condition that, according to the treating physician, has a substantial probability of causing death within two years from the date of the request for independent review or the eligible enrollees ability to regain or maintain maximum function, as determined by the treating physician, would be impaired by withholding the experimental treatment; (B) After exhaustion of standard treatment as provided by the evidence of coverage or a finding that such treatment would be of substantially lesser or of no benefit, the eligible enrollees treating physician certifies that the eligible enrollee has a condition for which standard treatment would not be medically indicated for the eligible enrollee or for which there is no standard treatment available under the

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evidence of coverage of the eligible enrollee more beneficial than the treatment proposed; (C) The eligible enrollees treating physician has recommended and certified in writing treatment which is likely to be more beneficial to the eligible enrollee than any available standard treatment; (D) The eligible enrollee has requested a treatment as to which the eligible enrollees treating physician, who is a licensed, board certified or board eligible physician qualified to practice in the area of medicine appropriate to treat the eligible enrollees condition, has certified in writing that scientifically valid studies using accepted protocols, such as control group or double-blind testing, published in peer reviewed literature, demonstrate that the proposed treatment is likely to be more beneficial for the eligible enrollee than available standard treatment; and (E) A specific treatment recommended would otherwise be included within the eligible enrollees certificate of coverage, except for the determination by the managed care entity that such treatment is experimental for a particular condition.
33-20A-33. Except where required pursuant to Code Section 51-1-49, a proposed treatment must require the expenditure of a minimum of $500.00 to qualify for independent review.
33-20A-34. (a) The parent or guardian of a minor who is an eligible enrollee may act on behalf of the minor in requesting independent review. The legal guardian or representative of an incapacitated eligible enrollee shall be authorized to act on behalf of the eligible enrollee in requesting independent review. Except as provided in Code Section 51-1-49, independent review may not be requested by persons other than the eligible enrollee or a person acting on behalf of the eligible enrollee as provided in this Code section. (b) A managed care entity shall be required to pay the full cost of applying for and obtaining the independent review. (c) The eligible enrollee and the managed care entity shall cooperate with the independent review organization to provide the information and documentation, including executing necessary releases for medical records, which are necessary for the independent review organization to make a determination of the claim. 33-20A-35. (a) In the event that the outcome of the grievance procedure under Code Section 3320A-5 is adverse to the eligible enrollee, the managed care entity shall include with the written notice of the outcome of the grievance procedure a statement specifying that any request for independent review must be made to the planning agency department on forms developed by the planning agency department, and such forms shall be included with the notification. Such statement shall be in simple, clear language in boldface type which is larger and bolder than any other typeface which is in the notice and in at least 14 point typeface.

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(b) An eligible enrollee must submit the written request for independent review to the planning agency department. Instructions on how to request independent review shall be given to all eligible enrollees with the written notice required under this Code section together with instructions in simple, clear language as to what information, documentation, and procedure are required for independent review. (c) Upon receipt of a completed form requesting independent review as required by subsection (a) of this Code section, the planning agency department shall notify the eligible enrollee of receipt and assign the request to an independent review organization on a rotating basis according to the date the request is received. (d) Upon assigning a request for independent review to an independent review organization, the planning agency department shall provide written notification of the name and address of the assigned organization to both the requesting eligible enrollee and the managed care entity. (e) No managed care entity may be certified by the Commissioner under Article 1 of this chapter unless the entity agrees to pay the costs of independent review to the independent review organization assigned by the planning agency department to conduct each review involving such entitys eligible enrollees.
33-20A-36. (a) Within three business days of receipt of notice from the planning agency department of assignment of the application for determination to an independent review organization, the managed care entity shall submit to that organization the following:
(1) Any information submitted to the managed care entity by the eligible enrollee in support of the eligible enrollees grievance procedure filing; (2) A copy of the contract provisions or evidence of coverage of the managed care plan; and (3) Any other relevant documents or information used by the managed care entity in determining the outcome of the eligible enrollees grievance. Upon request, the managed care entity shall provide a copy of all documents required by this subsection, except for any proprietary or privileged information, to the eligible enrollee. The eligible enrollee may provide the independent review organization with any additional information the eligible enrollee deems relevant. (b) The independent review organization shall request any additional information required for the review from the managed care entity and the eligible enrollee within five business days of receipt of the documentation required under this Code section. Any additional information requested by the independent review organization shall be submitted within five business days of receipt of the request, or an explanation of why the additional information is not being submitted shall be provided. (c) Additional information obtained from the eligible enrollee shall be transmitted to the managed care entity, which may determine that such additional information justifies a reconsideration of the outcome of the grievance procedure. A decision by the managed care entity to cover fully the treatment in question upon reconsideration using such additional information shall terminate independent review.

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(d) The expert reviewer of the independent review organization shall make a determination within 15 business days after expiration of all time limits set forth in this Code section, but such time limits may be extended or shortened by mutual agreement between the eligible enrollee and the managed care entity. The determination shall be in writing and state the basis of the reviewers decision. A copy of the decision shall be delivered to the managed care entity, the eligible enrollee, and the planning agency department by at least first-class mail. (e) The independent review organizations decision shall be based upon a review of the information and documentation submitted to it. (f) Information required or authorized to be provided pursuant to this Code section may be provided by facsimile transmission or other electronic transmission.
33-20A-37. (a) A decision of the independent review organization in favor of the eligible enrollee shall be final and binding on the managed care entity and the appropriate relief shall be provided without delay. A managed care entity bound by such decision of an independent review organization shall not be liable pursuant to Code Section 51-1-48 for abiding by such decision. Nothing in this Code section shall relieve the managed care entity from liability for damages proximately caused by its determination of the proposed treatment prior to such decision. (b) A determination by the independent review organization in favor of a managed care entity shall create a rebuttable presumption in any subsequent action that the managed care entitys prior determination was appropriate and shall constitute a medical record for purposes of Code Section 24-7-8. (c) In the event that, in the judgment of the treating health care provider, the health condition of the enrollee is such that following the provisions of Code Section 33-20A36 would jeopardize the life or health of the eligible enrollee or the eligible enrollees ability to regain maximum function, as determined by the treating health care provider, an expedited review shall be available. The expedited review process shall encompass all elements enumerated in Code Sections 33-20A-36 and 33-20A-40; provided, however, that a decision by the expert reviewer shall be rendered within 72 hours after the expert reviewers receipt of all available requested documents.
33-20A-38. Neither an independent review organization nor its employees, agents, or contractors shall be liable for damages arising from determinations made pursuant to this article, unless an act or omission thereof is made in bad faith or through gross negligence, constitutes fraud or willful misconduct, or demonstrates malice, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to the consequences.
33-20A-39.

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(a) The planning agency department shall certify independent review organizations that meet the requirements of this Code section and any regulations promulgated by the planning agency department consistent with this article. The planning agency department shall deem certified any independent review organization meeting standards developed for this purpose by an independent national accrediting organization. To qualify for certification, an independent review organization must show the following:
(1) Expert reviewers assigned by the independent review organization must be physicians or other appropriate providers who meet the following minimum requirements:
(A) Are expert in the treatment of the medical condition at issue and are knowledgeable about the recommended treatment through actual clinical experience; (B) Hold a nonrestricted license issued by a state of the United States and, for physicians, a current certification by a recognized American medical specialty board in the area or areas appropriate to the subject of review; and (C) Have no history of disciplinary action or sanctions, including, but not limited to, loss of staff privileges or participation restriction, taken or pending by any hospital, government, or regulatory body; (2) The independent review organization shall not be a subsidiary of, nor in any way owned or controlled by, a health plan, a trade association of health plans, a managed care entity, or a professional association of health care providers; and (3) The independent review organization shall submit to the planning agency department the following information upon initial application for certification, and thereafter within 30 days of any change to any of the following information: (A) The names of all owners of more than 5 percent of any stock or options, if a publicly held organization; (B) The names of all holders of bonds or notes in excess of $100,000.00, if any; (C) The names of all corporations and organizations that the independent review organization controls or is affiliated with, and the nature and extent of any ownership or control, including the affiliated organizations type of business; and (D) The names of all directors, officers, and executives of the independent review organization, as well as a statement regarding any relationships the directors, officers, and executives may have with any health care service plan, disability insurer, managed care entity or organization, provider group, or board or committee. (b) Neither the independent review organization nor any expert reviewer of the independent review organization may have any material professional, familial, or financial conflict of interest with any of the following: (1) A managed care plan or entity being reviewed; (2) Any officer, director, or management employee of a managed care plan which is being reviewed; (3) The physician, the physicians medical group, health care provider, or the independent practice association proposing a treatment under review; (4) The institution at which a proposed treatment would be provided;

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(5) The eligible enrollee or the eligible enrollees representative; or (6) The development or manufacture of the treatment proposed for the eligible enrollee whose treatment is under review. (c) As used in subsection (b) of this Code section, the term 'conflict of interest' shall not be interpreted to include a contract under which an academic medical center or other similar medical research center provides health care services to eligible enrollees of a managed care plan, except as subject to the requirement of paragraph (4) of subsection (b) of this Code section; affiliations which are limited to staff privileges at a health care facility; or an expert reviewers participation as a contracting plan provider where the expert is affiliated with an academic medical center or other similar medical research center that is acting as an independent review organization under this article. An agreement to provide independent review for an eligible enrollee or managed care entity is not a conflict of interest under subsection (b) of this Code section. (d) The independent review organization shall have a quality assurance mechanism in place that ensures the timeliness and quality of the reviews, the qualifications and independence of the experts, and the confidentiality of medical records and review materials. (e) The planning agency department shall provide upon the request of any interested person a copy of all nonproprietary information filed with it pursuant to this article. The planning agency department shall provide at least quarterly a current list of certified independent review organizations to all managed care entities and to any interested persons.
33-20A-40. (a) For the purposes of this article, in making a determination as to whether a treatment is medically necessary and appropriate, the expert reviewer shall use the definition provided in paragraph (5)(7) of Code Section 33-20A-31. (b) For the purposes of this article, in making a determination as to whether a treatment is experimental, the expert reviewer shall determine:
(1) Whether such treatment has been approved by the federal Food and Drug Administration; or (2) Whether medical and scientific evidence demonstrates that the expected benefits of the proposed treatment would be greater than the benefits of any available standard treatment and that the adverse risks of the proposed treatment will not be substantially increased over those of standard treatments. For either determination, the expert reviewer shall apply prudent professional practices and shall assure that at least two documents of medical and scientific evidence support the decision. 33-20A-41. The planning agency department shall provide necessary rules and regulations for the implementation and operation of this article.
33-20A-42.

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Medicaid care management members shall, after first exhausting the grievance procedure of the managed care plan providing health care benefits pursuant to Article 7 of Chapter 4 of Title 49 or Article 13 of Chapter 5 of Title 49, be afforded the fair hearing rights provided pursuant to Code Section 49-4-153 or the state plan provided for in Article 13 of Chapter 5 of Title 49."
SECTION 3. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to
medical assistance generally, is amended by striking Code Section 49-4-156, which is reserved, and inserting in lieu thereof a new Code Section 49-4-156 to read as follows:
"49-4-156. Reserved. The provisions of Code Section 33-21-16 shall not apply to health maintenance organizations with respect to contracts entered into with the department for the furnishing of health care services to persons pursuant to this article."
SECTION 4. Article 13 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to PeachCare for Kids, is amended by striking Code Section 49-5-272, relating to definitions, and inserting in lieu thereof the following:
"49-5-272. As used in this article, the term:
(1) 'Board' means the Board of Community Health. (2) 'Department' means the Department of Community Health. (2)(3) 'Federal law' means Title XXI of the federal Social Security Act. (3)(4) 'Medicaid' means medical assistance provided under Article 7 of Chapter 4 of this title, the 'Georgia Medical Assistance Act of 1977.' (4)(5) 'PeachCare' or 'program' means the PeachCare for Kids Program created by Code Section 49-5-273."
SECTION 5. Said article is further amended by striking subsections (g) through (o) of Code Section 49-5-273, relating to the creation of PeachCare, availability, eligibility, payment of premiums, and enrollment, and inserting in lieu thereof the following:
"(g) The department shall provide for outreach for the purpose of enrolling children in the program. Applications shall be accepted by mail or in person. All necessary and appropriate steps shall be taken to achieve administrative cost efficiency, reduce administrative barriers to application for and receipt of services under the program, verify eligibility for the program and enforce eligibility standards, and ensure that enrollment in the program does not substitute for coverage under a group health insurance plan. (h) Any health care provider who is enrolled in the Medicaid program shall be deemed to be enrolled in the program.

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(i) The department shall file a Title XXI plan to carry out the program with the United States Department of Health and Human Services Centers for Medicare and Medicaid Services by June 1, 1998. The department shall have the authority and flexibility to make such decisions as are necessary to secure approval of that plan consistent with this article. The department shall provide a copy of the plan to the General Assembly. The department shall operate this program consistent with federal law. (j) The department shall publish an annual report, copies of which shall be provided to the Governor and the General Assembly, setting forth the number of participants in the program, the health services provided, the amount of money paid to providers, and other pertinent information with respect to the administration of the program. (k) All state agencies shall cooperate with the department and its designated agents by providing requested information to assist in the administration of the program. (l) The department, through the Department of Administrative Services or any other appropriate entity, may contract for any or all of the following: the collection of premiums, processing of applications, verification of eligibility, outreach, data services, and evaluation, if such contracting achieves administrative or service cost efficiency. The department, and other state agencies as appropriate, shall provide necessary information to any entity which has contracted with the department for services related to the administration of the program upon request. For purposes of compliance with Code Section 34-8-125, a request by any entity which has contracted with the department for services related to the administration of the program shall be deemed to be a request by a responsible official of the department and considered to be a request by the department. (m) Nothing in this article shall be interpreted in a manner so as to preclude the department from contracting with licensed health maintenance organizations (HMO) or provider sponsored health care corporations (PSHCC) for coverage of program services and eligible children in a metropolitan statistical area; provided, however, that such contracts shall require payment of premiums and copayments in a manner consistent with this article. The department may not require enrollment in a health maintenance organization (HMO) or provider sponsored health care corporation (PSHCC) as a condition of receiving coverage under the program. (n) There shall be created a separate budget unit 'C' and a separate appropriation in the department for the purpose of carrying out the provisions of this article. (o) The Department of Education and local boards of education shall cooperate with and provide assistance to the department and its designated agents for the purposes of identifying and enrolling eligible children in the program."
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.

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

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

N Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard Y Barnes Y Bearden N Beasley-Teague N Benfield Y Benton N Black N Bordeaux N Borders Y Bridges
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 E Coan Y Cole Y Coleman, B N Coleman, T Y Cooper Y Cox

Y Crawford Y 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
Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner E Harbin N Hatfield Y Heard, J Y 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 Y Hudson N Hugley N Jackson N Jacobs N James N Jamieson Y Jenkins
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
Neal N Oliver Y O'Neal N Orrock Y Parham Y Parrish Y Parsons N Porter Y Powell
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 Y Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Y Stephens Y Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker N 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 114, nays 58.

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

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 "nay" thereon.

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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.
By unanimous consent, further consideration of SB 103 was suspended subject to the call of the Chair.
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.
The following Committee substitute was read:
A BILL
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 certain notices; to provide for related matters; to provide for legislative intent; 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 33-31-9 of the Official Code of Georgia Annotated, relating to refunds and credits of credit life insurance premiums, is amended by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Each individual policy, notice of proposed insurance, or group certificate of credit life insurance and credit accident and sickness insurance shall provide that, in the event of termination of the insurance prior to the scheduled maturity date of the indebtedness, any refund of premium due shall be paid or credited promptly to the person entitled to

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2815

such refund; provided, however, that the Commissioner shall prescribe a minimum refund and no refund which would be less than such minimum need be made. The formula to be used in computing a refund shall be filed with and approved by the Commissioner. It shall be the obligation of the insured to notify the insurer of the early payoff of the indebtedness which is covered by the insurance. (c.1) Each individual policy, notice of proposed insurance, or group certificate of credit life insurance and credit accident and sickness insurance shall provide a notice on the face of such policy, notice, or certificate in at least 10 point type that it is the obligation of the insured to notify the insurer of any early payoff of the indebtedness which is covered by the insurance."
SECTION 2. This Act is declaratory of existing law and is only intended to clarify such law. The passage of this Act shall not create any implication that any change in existing law is effected.
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Barnard of the 166th, Rogers of the 26th and Keen of the 179th move to amend the Committee substitute to SB 167 by striking line 14 of page 1 and inserting in lieu thereof the following:
"refund of premium due shall be calculated as of the date the indebtedness terminated and be paid or credited promptly to the person entitled to such".
By striking line 21 of page 1 and inserting in lieu thereof the following:
"life insurance and credit accident and sickness insurance issued after this subsection becomes effective shall provide a notice on the face".
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

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Y Abdul-Salaam Y Amerson Y Anderson
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 Y Cooper Y Cox

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
Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger
Golick Y Graves, D Y Graves, T Y Greene Y Hanner E 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
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 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 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 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 173, nays 0.

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

Representative Sheldon of the 105th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

The Speaker announced the House in recess until 2:00 o'clock this afternoon.

TUESDAY, MARCH 22, 2005

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AFTERNOON SESSION
The Speaker called the House to order.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 328. By Senators Adelman of the 42nd, Butler of the 55th, Jones of the 10th, Thompson of the 5th, Miles of the 43rd and others:
A BILL to be entitled an Act to create the DeKalb County Court Technology Fund; to authorize the imposition and collection of a technology fee for the filing of certain cases and the imposition of surcharges to certain fines; to specify the uses to which such fees and surcharges may be put; to provide for the auditing and accounting for such fund; to provide for a supervising board for such fund and the membership, composition, authority, powers, and duties thereof; to provide for related matters; to provide an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 354. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to create a board of elections and registration for Dade 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 repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 358. By Senator Grant of the 25th:
A BILL to be entitled an Act to provide for a homestead exemption from Baldwin County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for residents of that county

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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.
SB 359. By Senator Grant of the 25th:
A BILL to be entitled an Act to provide for a homestead exemption from Baldwin County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for residents of that school district who are 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.
The following Resolutions of the House were read and adopted:
HR 680. By Representative Greene of the 149th:
A RESOLUTION commending the Randolph-Clay Middle and High School basketball team, 2005 Class A State Champions; and for other purposes.
HR 681. By Representatives Wix of the 33rd, Johnson of the 37th, Teilhet of the 40th and Ehrhart of the 36th:
A RESOLUTION commending Katy Adams; and for other purposes.
HR 682. By Representatives Wix of the 33rd, Johnson of the 37th, Teilhet of the 40th and Ehrhart of the 36th:
A RESOLUTION commending Mary Hagan; and for other purposes.
HR 683. By Representative Ashe of the 56th:
A RESOLUTION commending Kurt Schlenz; and for other purposes.

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HR 684. By Representatives Cummings of the 16th, Ehrhart of the 36th, Crawford of the 127th, Royal of the 171st, Powell of the 29th and others:
A RESOLUTION expressing regret at the passing of John Cox; and for other purposes.
HR 685. By Representative Epps of the 128th:
A RESOLUTION recognizing and commending the Rochell Federated Club; and for other purposes.
HR 686. By Representative Hudson of the 124th:
A RESOLUTION commending Honorable Edith Ingram; and for other purposes.
HR 687. By Representatives Wix of the 33rd, Johnson of the 37th and Teilhet of the 40th:
A RESOLUTION commending Coach Lewis Morris; and for other purposes.
HR 688. By Representative Smith of the 113th:
A RESOLUTION commending and congratulating the Rotary Club of Oconee County on the occasion of its 25th anniversary; and for other purposes.
HR 689. By Representatives Wilkinson of the 52nd, Stephens of the 164th and Murphy of the 23rd:
A RESOLUTION recognizing and commending Honorable Michael Bates, OBE, Her Majesty's Consul General; and for other purposes.
HR 690. By Representatives Reece of the 27th, Rogers of the 26th and Mills of the 25th:
A RESOLUTION commending and congratulating Mr. Jim Haymore, owner of United Karate Studios; and for other purposes.
HR 691. By Representatives Wix of the 33rd, Johnson of the 37th and Teilhet of the 40th:
A RESOLUTION commending Gwen Sewell; and for other purposes.

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HR 692. By Representatives Wix of the 33rd, Johnson of the 37th and Teilhet of the 40th:
A RESOLUTION commending RaKesh Patel; and for other purposes.
HR 693. By Representatives Jackson of the 161st and Bryant of the 160th:
A RESOLUTION celebrating the life of John Alliston White, Sr.; and for other purposes.
HR 694. By Representatives Jackson of the 161st, Bordeaux of the 162nd, Bryant of the 160th, Stephens of the 164th and Carter of the 159th:
A RESOLUTION commending Mr. Bruce Adams; and for other purposes.
HR 695. By Representative Lakly of the 72nd:
A RESOLUTION congratulating Mr. Edward V. Mahoney on his 95th birthday; and for other purposes.
HR 696. By Representative Lindsey of the 54th:
A RESOLUTION commending Lyle William Newkirk, Jr., on attaining the rank of Eagle Scout; and for other purposes.
HR 697. By Representatives Jordan of the 77th, Brooks of the 63rd, Smyre of the 132nd, Watson of the 91st, Dean of the 59th and others:
A RESOLUTION honoring the memory of David Jones, Jr. and expressing regret at his passing; and for other purposes.
HR 698. By Representatives Wix of the 33rd, Johnson of the 37th and Teilhet of the 40th:
A RESOLUTION commending the South Cobb High School Lady Eagles slow pitch softball team; and for other purposes.
HR 699. By Representative Coleman of the 144th:
A RESOLUTION congratulating Cagle's Inc., on the grand occasion of its 60th Anniversary; and for other purposes.
HR 700. By Representative Hudson of the 124th:

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A RESOLUTION celebrating the 100th birthday of Ms. Ethel Stembridge; and for other purposes.
HR 701. By Representatives Reece of the 11th, Cummings of the 16th, Smith of the 13th and Loudermilk of the 14th:
A RESOLUTION commending John and Janice Caple on the occasion of their seventy-fifth wedding anniversary; and for other purposes.
HR 702. By Representatives Reece of the 11th, Cummings of the 16th, Smith of the 13th and Loudermilk of the 14th:
A RESOLUTION recognizing and commending local sports advocate and Rome-Floyd Sports Hall of Fame inductee, Jim Yarbrough; and for other purposes.
HR 703. By Representatives Reece of the 11th, Cummings of the 16th, Smith of the 13th and Loudermilk of the 14th:
A RESOLUTION recognizing and commending professional race car driver and Rome-Floyd Sports Hall of Fame inductee, Randy Payne; and for other purposes.
HR 704. By Representatives Reece of the 11th, Cummings of the 16th, Smith of the 13th and Loudermilk of the 14th:
A RESOLUTION recognizing and commending local football star and Rome-Floyd Sports Hall of Fame inductee, Roger Weaver; and for other purposes.
HR 705. By Representative Mumford of the 95th:
A RESOLUTION commending Ruel M. Parker; and for other purposes.
HR 706. By Representative Rynders of the 152nd:
A RESOLUTION commending Flora Mell Gibson; and for other purposes.
HR 707. By Representatives Reece of the 27th, Rogers of the 26th and Mills of the 25th:
A RESOLUTION commending Ms. Willia Banks for her outstanding dedication to Georgia's children; and for other purposes.

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HR 708. By Representatives Morgan of the 39th, Jones of the 44th, Thomas of the 55th, Ashe of the 56th, Wix of the 33rd and others:
A RESOLUTION honoring outstanding community leader Mrs. Deane Thompson Bonner; and for other purposes.
HR 709. By Representatives Morgan of the 39th, Abdul-Salaam of the 74th, Jones of the 44th, Thomas of the 55th, Sims of the 151st and others:
A RESOLUTION recognizing and honoring Mrs. Rita Jackson-Samuels for her dedicated public service; and for other purposes.
HR 710. By Representatives Benfield of the 85th, Willard of the 49th, Wilkinson of the 52nd, Lindsey of the 54th, Oliver of the 83rd and others:
A RESOLUTION commending Laura and Rutherford Seydel; and for other purposes.
HR 711. By Representatives Jordan of the 77th, Brooks of the 63rd, Abdul-Salaam of the 74th, Sinkfield of the 60th, Smyre of the 132nd and others:
A RESOLUTION recognizing and commending New Beginnings Christian Ministries Church; and for other purposes.
HR 712. By Representatives Tumlin of the 38th, Manning of the 32nd and Teilhet of the 40th:
A RESOLUTION recognizing the founding of Sawyer Road Elementary School; and for other purposes.
HR 713. By Representatives Tumlin of the 38th, Manning of the 32nd and Teilhet of the 40th:
A RESOLUTION recognizing the founding of the Marietta Center for Advanced Academics in Math, Science, and Technology; and for other purposes.
HR 714. By Representatives Millar of the 79th and Chambers of the 81st:
A RESOLUTION commending the Dunwoody High School basketball team, winners of the Class AAA State Championship; and for other purposes.
HR 715. By Representative Epps of the 128th:

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A RESOLUTION recognizing and commending Mrs. Ocie Brittian; and for other purposes.
HR 716. By Representative Ray of the 136th:
A RESOLUTION commending Sandra Williams; and for other purposes.
HR 717. By Representative Hudson of the 124th:
A RESOLUTION commending Betty Hill; and for other purposes.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 816. By Representatives Maddox of the 172nd and Keown of the 173rd:
A BILL to be entitled an Act to reincorporate and provide a new charter for the City of Cairo in Grady County, Georgia; to provide for boundaries and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, 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 boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city manager, and other personnel; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To reincorporate and provide a new charter for the City of Cairo in Grady County, Georgia; to provide for boundaries and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, 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 boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city manager, and other

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personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Incorporation.
The City of Cairo in Grady County is reincorporated by the enactment of this charter and is constituted and declared to be a body politic and corporate under the name of the "City of Cairo." References in this charter to "the city" or "this city" refer to the City of Cairo. The city shall have perpetual existence.
SECTION 1.11. Corporate boundaries.
(a) The boundaries of this city shall be those existing on the effective date of this charter with such alterations as may be made from time to time by local law or in a manner provided by general state law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk of the city and to be designated, as the case may be: "Official Map or Description of the Corporate Limits of the City of Cairo, Georgia." Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace but such earlier maps shall be retained in the office of the city clerk.
SECTION 1.12. Municipal powers.
(a) This city shall have all powers possible for a city to have under the present or future

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Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of selfgovernment not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Said powers shall include, but are not limited to, the following:
(1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city; (4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades; (5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for the failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O. C. G .A. or such other laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with

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general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business within the city and benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety, and welfare. To define, regulate, or prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the citys court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city; to provide for the commitment of such persons to any jail; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, information/communication transmission systems, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments,

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regulations, and penalties, and to provide for the withdrawal of service for refusal or failure to pay the same; and to authorize the extension of water, sewerage, electrical, and communication distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance; (21) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a firefighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detention, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and the standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of

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streets and roads or within view thereof, inside or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, under, or across any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city, for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charge; and to impose and collect a sewer connection fee or fees to those connected with the system; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement;

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(37) Ad valorem taxes. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Other taxes. 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; and (41) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
SECTION 1.13. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL
SECTION 2.10. City council creation; composition; number; election.
(a) The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers. (b) The mayor and councilmembers 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 he or she shall have been a resident of this city for 12 months immediately preceding the election of mayor or councilmembers. Each such person shall continue to reside within the city during said period of service and shall be

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registered and qualified to vote in municipal elections of this city. No persons name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of the city that he or she desires his or her name to be placed on the ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file the notice within the time provided for in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 2.11. Elections.
(a) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of the city shall be eligible to qualify as voters in the election. (b) All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any options and duties under the "Georgia Election Code." (c) The mayor and councilmembers who are in office on the effective date of this Act shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified. (d) For the purpose of electing members of the council, the City of Cairo shall consist of five city council districts, designated Council Districts 1 through 5, as described in Appendix "A" of this Act and the accompany Redistricting Plan Components Report, which are attached hereto and made a part of the Charter of the City of Cairo, with five numbered posts. Each person seeking election shall be 21 years of age, be a qualified voter within the City of Cairo, and reside within the council district he or she represents. Each member shall be elected by a majority of the qualified electors voting within each district. Each member of the council shall, during his or her term of office, continue to meet such qualifications. (e) The mayor of the City of Cairo shall be 21 years of age and be elected by the registered voters within the corporate limits of the city. (f) The city councilmembers from Council Districts 1, 3, and 5 shall be elected at the general election for the city to be held during 2007 for terms of four years. The city councilmembers from Council Districts 2 and 4 and the mayor shall be elected at the general election for the city to be held during 2005 for terms of four years. Future successors shall be elected at the general election of the city immediately preceding the expiration of terms of office and shall take office on the first day of January following their election.
SECTION 2.12. Vacancies in office.

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(a)(1) 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 charter or the general laws of the State of Georgia. (2) Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled as provided in subsection (b) of this section. (b) In the event that the office of mayor or councilmember shall become vacant, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
SECTION 2.13. Nonpartisan elections.
Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels.
SECTION 2.14. Election by majority.
The candidate receiving a majority of the votes cast for any city office shall be elected.
SECTION 2.15. Compensation and expenses.
The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance and in accordance with Chapter 35 of Title 36 of the O.C.G.A.
SECTION 2.16. Prohibitions.
(a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties or which would tend to impair the independence of his or her judgment or action in the performance of his or her official duties;

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(2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair the independence of his or her judgment or action in the performance of his or her official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he or she is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) Except as authorized by law, no member of the council shall hold any other elective city office or other city employment during the term for which he or she was elected. The provisions of this subsection shall not apply to any person holding employment on the effective date of this Act.
SECTION 2.17. Removal of officers.

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(a) The mayor, a councilmember, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or by law; (4) Knowingly violating Section 2.16 or any other express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of three councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Grady County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Grady County following a hearing on a complaint seeking such removal brought by any resident of the City of Cairo.
SECTION 2.18. Inquiries and investigations.
The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance.
SECTION 2.19. General power and authority.
Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I of this charter.
ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL AUTHORITY, AND ORDINANCES
SECTION 3.10. Organization.

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(a) The city council shall hold an organizational meeting at the first regular meeting in January following an election. The meeting shall be called to order by the city clerk and the oath of the office shall be administered to the newly elected members as follows:
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America." (b) By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the city council and shall assume the duties and powers of the mayor during any disability or absence of the mayor. Any such disability or absence shall be declared by a majority vote of the city council. The city council shall by majority vote elect a presiding officer from its number for any period in which the mayor pro tempore is disabled, absent, or acting as mayor following call of the meeting to order by the clerk. Such absence or disability shall be declared by majority vote of the city council.
SECTION 3.11. Meetings.
(a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or two members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmembers presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law.
SECTION 3.12. Procedures.
(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record. (b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.

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SECTION 3.13. Voting.
(a) Except as otherwise provided in subsection (b) of this section, three councilmembers shall constitute a quorum and shall be authorized to transact the business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. (b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion.
SECTION 3.14. Ordinances.
(a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The Council of the City of Cairo hereby ordains..." and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 3.16 of this charter. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
SECTION 3.15. Action requiring an ordinance.
Acts of the city council which have the force and effect of law shall be enacted by ordinance.
SECTION 3.16. Emergencies.
To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or two councilmembers and may promptly

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adopt an emergency ordinance, but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting to which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordinance shall also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
SECTION 3.17. Codes.
(a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that:
(1) The requirements of subsection (b) of Section 3.14 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 3.18 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price.
SECTION 3.18. Codification of ordinances.
(a) The clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The city shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and shall contain such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Cairo, Georgia." Copies of the code shall

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be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION 3.19. City manager; appointment; qualifications; compensation.
The city council shall appoint a city manager for an indefinite term and shall fix his or her compensation. The manager shall be appointed solely on the basis of his or her executive and administrative qualifications.
SECTION 3.20. Removal of city manager.
(a) The city council may remove the manager from office in accordance with the following procedures:
(1) The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the manager; (2) Within five days after a copy of the resolution is delivered to the manager, he or she may file with the city council a written request for a public hearing. This hearing shall be held within 30 days after the request is filed. The manager may file with the council a written reply not later than five days before the hearing; and (3) If the manager has not requested a public hearing within the time specified in paragraph (2) of this subsection, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members. If the manager has requested a public hearing, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members at any time after the public hearing. (b) The manager shall continue to receive his or her salary until the effective date of a final resolution of removal.
SECTION 3.21. Acting city manager.

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By letter filed with the city clerk, the manager shall designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties of manager during his or her temporary absence or disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the manager shall return or his or her disability shall cease.
SECTION 3.22. Powers and duties of the city manager.
The city manager shall be the chief administrative officer of the city. He or she shall be responsible to the city council for the administration of all city affairs placed in his or her charge by or under this charter. He or she shall have the following powers and duties:
(1) He or she shall appoint and, when he or she deems it necessary for the good of the city, suspend or remove all city employees and administrative officers he or she appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. He or she may authorize any administrative officer who is subject to his or her direction and supervision to exercise these powers with respect to subordinates in that officers department, office, or agency; (2) He or she shall direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) He or she shall attend all city council meetings and shall have the right to take part in discussion but he or she may not vote; (4) He or she shall see that all laws, provisions of this charter, and acts of the city council, subject to enforcement by him or her or by officers subject to his or her direction and supervision, are faithfully executed; (5) He or she shall prepare and submit the annual operating budget and capital budget to the city council; (6) He or she shall submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) He or she shall make such other reports as the city council may require concerning the operations of city departments, offices, and agencies subject to his or her direction and supervision; (8) He or she shall keep the city council fully advised as to the financial condition and future needs of the city and make such recommendations to the city council concerning the affairs of the city as he or she deems desirable; and (9) He or she shall perform other such duties as are specified in this charter or as may be required by the city council.
SECTION 3.23. Council interference with administration.

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Except for the purpose of inquiries and investigations under Section 2.17 of this charter, the city council or its members shall deal with city officers and employees who are subject to the direction and 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 3.24. Powers and duties of mayor.
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 spokesman for the city and the chief advocate of policy; (3) Have power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; and (5) Appoint such committees and committee chairpersons of the city council as he or she shall deem reasonable and necessary.
ARTICLE IV ADMINISTRATIVE AFFAIRS
SECTION 4.10. Department heads.
(a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of his or her department or agency. (e) All directors under the supervision of the city manager shall be appointed by the city manager. The city manager may suspend or remove directors under his or her supervision and the city manager shall give written notice of such action and the reason therefor to the director involved and to the city council. The city council shall review the suspension or removal at the next regularly scheduled council meeting.

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SECTION 4.11. Boards.
(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the clerk of the city an oath obligating himself or herself to perform faithfully and impartially the duties of his or her office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson, and may elect as its secretary one of its members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
SECTION 4.12. City attorney.
The city council shall appoint a city attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least one year. The city attorney shall serve at the pleasure of the city council. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the city council, mayor, and other officers and employees of the city

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concerning legal aspects of the citys affairs, and shall perform such other duties as may be required of him or her by virtue of his or her position as city attorney. The city council shall provide for the compensation of the city attorney.
SECTION 4.13. City clerk.
The city manager shall appoint with confirmation by the city council a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council.
SECTION 4.14. Treasurer.
The city manager shall appoint a city treasurer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer.
SECTION 4.15. City auditor.
The city manager shall appoint with confirmation of city council a city auditor to perform the duties of an auditor/accountant.
SECTION 4.16. Position classification and pay plan.
The city manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees.
SECTION 4.17. Rules and regulations.
The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment;

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(2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs.
ARTICLE V JUDICIAL BRANCH
SECTION 5.10. Municipal court.
There shall be a court to be known as the Municipal Court of the City of Cairo, Georgia.
SECTION 5.11. Judges.
(a) The municipal court shall be presided over by a chief judge and such part-time, fulltime, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he or she shall have attained the age of 21 years, shall not have been convicted of a crime involving moral turpitude, and shall be a member of the State Bar of Georgia. All judges shall be appointed by the city council. (c) Compensation of the judge or judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of three members of the city council. (e) Before assuming office, each judge shall take the following oath, given by the mayor or in his or her absence, the city clerk, "I will honestly and faithfully discharge the duties of municipal court judge to the best of my ability and without fear, favor, or partiality. I will support and defend the charter of the City of Cairo as well as the Constitution and laws of the State of Georgia and of the United States of America."
SECTION 5.12. Convening of court.
The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 5.13. Powers.

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(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or 30 days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment of 60 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety bond for the appearance of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, his or her bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated. (h) Each judge of the municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.

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SECTION 5.14. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Grady County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 5.15. Rules.
With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE VI FINANCE
SECTION 6.10. Property tax.
The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, or providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.
SECTION 6.11. Millage.
The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.
SECTION 6.12. Occupation taxes and business license fees.

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The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling within the city to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.
SECTION 6.13. Licenses.
The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or calling with the city to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate.
SECTION 6.14. Franchises.
The city council shall have the power to grant franchises for the use of this citys streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.
SECTION 6.15. Service charges.
The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within or outside the corporate limits of the city for the total cost to the city of

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providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.16. Special assessments.
The city council by ordinance shall have the power to assess, charge, and collect the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.17. Other taxes.
This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
SECTION 6.18. Collection of delinquent taxes.
The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions.
SECTION 6.19. Borrowing.
The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
SECTION 6.20. Revenue bonds.
Revenue bonds may be issued by the city council as state law now or hereafter provides.

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Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
SECTION 6.21. Loans.
The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.
SECTION 6.22. Accounting and budgeting.
The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government.
SECTION 6.23. Budget ordinance.
The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget and a capital improvement program, including requirements as to the scope, content, and form of such budgets and programs.
SECTION 6.24. Operating budget.
On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he or she may deem pertinent. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
SECTION 6.25. Adoption.
(a) The city council may amend the operating budget proposed by the city manager, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service

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requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council shall adopt the final operating budget for the ensuing fiscal year not later than June of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable.
SECTION 6.26. Levy of taxes.
Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city.
SECTION 6.27. Changes in budget.
The city council by majority vote may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes.
SECTION 6.28. Capital improvements.
(a) On or before the date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed capital improvements budget with his or her recommendations as to the means of financing the improvements proposed for the ensuing year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations

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for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 3.16 of this charter. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than June of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the city manager may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his or her recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the city council.
SECTION 6.29. Audits.
There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public.
SECTION 6.30. Procurement and property management.
No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by him or her to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 3.14 of this charter.
SECTION 6.31. Purchasing.
The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.
SECTION 6.32. Sale of property.
(a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the city manager or mayor and adoption of a resolution,

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both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.
The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.
SECTION 7.11. Rules and regulations.
All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council.
SECTION 7.12. Charter language on other general matters.
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council.
SECTION 7.13. Definitions and construction.
(a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive.

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(c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
SECTION 7.14. Specific repealer.
An Act amending, consolidating, and superseding the several Acts incorporating the City of Cairo, in the County of Grady, State of Georgia, and creating a new charter and municipal government for said municipal corporation, approved August 6, 1906 (Ga. L. 1906, p. 573), as amended, is repealed in its entirety.
SECTION 7.15. The governing authority of the City of Cairo 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.
SECTION 7.16. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 7.17. General repealer.
All laws and parts of laws in conflict with this Act are repealed.
APPENDIX A
Council Districts 1 through 5 shall consist of the described territory of the City of Cairo attached to this Act and made a part thereof and further identified as "Plan Name: cairoccp2 Plan Type: Local User: staff Administrator: Cairo City Council." 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 Cairo 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

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census of 2000 for the State of Georgia. Any part of the City of Cairo 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 Grady County
Tract: 9503 BG: 1 1026 BG: 2 2002 2003 2004 2008 2009 2010 2011 2017 2025 2026 2027 2028 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 BG: 3 3001 3002 3003 3004 3005 3006 3009 3010 3011 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4034 4035 4036 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055
District 002 Grady County
Tract: 9503 BG: 3 3000 3007 3008 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 BG: 4 4033 4037 4056 4057 4058 4059 Tract: 9505 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 4034
District 003 Grady County
Tract: 9505

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BG: 2 2006 2007 2008 2009 2010 2011 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3026 BG: 4 4028 4029 4030 4031 4032 4033
District 004 Grady County
Tract: 9504 BG: 2 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 BG: 3 3022 3023 3024 3025 3027 3028 3029 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 3056 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4036 4037 4038 Tract: 9505 BG: 1 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1033 BG: 2 2000 2001 2002 2012 2013 2014 2015 2039 2040 2041 2042
District 005 Grady County
Tract: 9503 BG: 1 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 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 BG: 2 2000 2001 2005 2006 2007 2012 2013 2014 2015 2016 2018 2019 2020 2021 2022 2023 2024 2047 2048 2049

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Tract: 9504 BG: 1 1051 BG: 3 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3030 BG: 4 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 Tract: 9505 BG: 2 2003 2004 2005
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 826. By Representative Lord of the 142nd:
A BILL to be entitled an Act to amend an Act providing for a board of commissioners of Jefferson County, approved February 23, 1984 (Ga. L. 1984, p. 3627), as amended, so as to provide conditions for the board of commissioners to convey title to or lease county-owned real property which is being used as a solid waste landfill; 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 Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
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.
The following Senate substitute was read:
A BILL
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 for vacancies; to define certain terms and words; to confer powers and impose duties on the authority; to grant limitations to the authority; to authorize the authority to enter into contracts and leases pertaining to uses of such facilities, which contracts and leases may obligate the lessees to make payment for the use of the facilities for the term thereof and to pledge for that purpose money derived from taxation; to provide that no debt of Gilmer County or the State of Georgia shall be incurred by the exercise of any of the powers granted; to authorize the issuance of revenue bonds of the authority payable from the revenues, rents, and earnings and other functions of the authority to pay the costs of such projects; to authorize the collecting and pledging of such revenues, rents, and earnings for the payment of such bonds; to authorize the adoption of resolutions and the execution of trust indentures to secure the payment of such bonds and to define the rights of the holders of such bonds; to provide for a sinking fund; to make the bonds of the authority exempt from taxation; to provide the right and power for the authority to condemn property of every kind and character; to authorize the issuance of refunding bonds; to provide for the validation of such bonds and to fix the venue for jurisdiction of actions relating to any provision of this Act; to exempt the property and income of the authority from taxation; to provide for immunity and exemption from liability for torts and negligence; 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 authority dissolution; 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. Gilmer County Building Authority created. There is created a public body corporate and politic to be known as the Gilmer County Building Authority, herein called "the authority," which shall be an instrumentality and a public corporation of the State of Georgia, the purpose of which shall be to acquire,

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construct, equip, maintain, and operate certain projects for use by Gilmer County for its governmental, proprietary, public, and administrative functions. The authority shall not be a state institution, nor a department or agency of the state, but shall be an instrumentality of the state, a mere creation of the state, being a distinct corporate entity and being exempt from the provisions of Article 2 of Chapter 17 of Title 50 of the O.C.G.A., the "Georgia State Financing and Investment Commission Act." The authority shall have its principal office in Gilmer County, and its legal situs or residence for the purposes of this chapter shall be Gilmer County.
SECTION 2. Membership. The authority shall consist of three members who shall be eligible to succeed themselves and who shall be elected by the Board of Commissioners of Gilmer County. No more than one member of the authority may be a member of said board of commissioners. Any member of the authority who is a member of said board of commissioners shall serve for a term of office concurrent with such persons term of office as a member of said board of commissioners. Each member of the authority who is not a member of said board of commissioners shall serve for a term of office of three years, except that the initial terms of office of those members first appointed to the authority shall be specified at the time of appointment to be one, two, and, if no such member is a member of the board of commissioners, three years. After such initial terms, those members who are not members of said board of commissioners shall serve for terms of office of three years each. Members of the authority shall serve for the terms of office so specified and until the appointment and qualification of their respective successors. Vacancies on the authority shall be filled by said board of commissioners for the remainder of the unexpired term and until the appointment and qualification of a successor. Immediately after their election, the members of the authority shall enter upon their duties. The authority shall elect one of its members as chairperson and one as vice chairperson. The secretary-treasurer of the authority shall be appointed by the authority and need not be a member of the authority. Two members of the authority shall constitute a quorum and no vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority and, in every instance, a majority vote of a quorum shall authorize any legal act of the authority, including all things necessary to authorize and issue revenue bonds. The members of the authority shall receive no compensation for their services but may be reimbursed by the authority for their actual expenses properly incurred in the performance of their duties. The authority shall make rules and regulations for its own government and shall have perpetual existence.
SECTION 3. Definitions. As used herein, the following words and terms shall have the following meanings unless a different meaning clearly appears from the context:

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(1) The word "authority" shall mean the Gilmer County Building Authority created by this Act. (2) The word "project" shall mean and include real and personal property acquired or held by the authority, including all land, buildings, structures, sanitary and surface water sewers, and other public property determined by the authority to be desirable for the efficient operation of any department, board, office, commission, or agency of Gilmer County, or of the State of Georgia, in the performance of its governmental, proprietary, and administrative functions. (3) The term "cost of project" shall include the cost of lands, buildings, improvements, machinery, equipment, property, easements, rights, franchises, material, labor, services acquired or contracted for, plans and specification, financing charges, construction costs, interest prior to and during construction; architectural, accounting, engineering, inspection, administrative, fiscal, and legal expenses; expenses incident to determining the feasibility or practicability of the project; and expenses incident to the acquiring, constructing, equipping, and operating of any project or any part thereof, and to the placing of the same in operation and to the condemnation of any property incident to such construction and operation. (4) The term "revenue bonds" shall mean revenue bonds issued under the provisions of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, and under the provisions of this Act. The obligations authorized under this Act may be issued by the authority in the manner authorized under the Revenue Bond Law.
SECTION 4. Powers.
The authority shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act including, but without limiting the generality of the foregoing, the power:
(1) To sue and be sued; (2) To adopt and alter a corporate seal; (3) To make and execute with public and private persons and corporations contracts, trusts, leases, rental agreements, and other instruments relating to its projects and in furtherance of the purposes of the authority, including contracts for constructing, renting, and leasing of its projects for the use of any county or municipality in this state; (4) To acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper or by condemnation in accordance with the provisions of any and all existing laws of the State of Georgia applicable to the condemnation of property for public use, including the power to proceed as a condemning body under the provisions of Article 2 of Chapter 2 of Title 22 of the O.C.G.A., relating to proceedings before a special master, or by gift, grant, lease, or otherwise, real property, or rights and easements therein and franchises and personal property necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the

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use of or disposition of the same in any manner it deems to the best advantage of the authority. Title to any such property shall be held by the authority exclusively for the benefit of the public. The authority shall be under no obligation to accept and pay for any property condemned as provided herein except from the funds provided therefor and, in proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned; and no property shall be acquired as provided herein upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money shall be deposited in trust to pay and redeem the amount of such lien or encumbrance; (5) To improve, extend, add to, reconstruct, renovate, or remodel any project or part thereof already acquired; (6) To pledge or assign any revenues, income, rent, charges, and fees received by the authority; (7) To appoint and select agents, engineers, architects, attorneys, fiscal agents, accountants, and employees and to provide for their compensation and duties; (8) To construct, reconstruct, acquire, own, alter, repair, remodel, maintain, extend, improve, operate, manage, and equip projects located on land owned or leased by the authority; (9) To receive, accept, and use any contributions, loans, or grants by persons, firms, or corporations, including the State of Georgia and the United States of America, and any other contributions; (10) To pay all or part of the costs of any project from the proceeds of revenue bonds of the authority or from other lawful sources available to it; (11) To prescribe rules and regulations for the operation of and to exercise police powers over the projects managed or operated by the authority; (12) To accept, receive, and administer gifts, grants, loans and devises of money, material, and property of any kind, including loans and grants from the State of Georgia or the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the State of Georgia or the United States of America or such agency or instrumentality may impose; (13) To sell, lease, exchange, transfer, assign, pledge, mortgage, dispose of, grant in trust, or grant options for any real or personal property or interest therein in furtherance of the purposes of the authority; (14) As security for repayment of authority obligations, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property, real or personal, of such authority and to execute any trust agreement, indenture, or security agreement containing any provisions not in conflict with law, which trust agreement, indenture, or security agreement may provide for foreclosure or forced sale of any property of the authority upon default, on such obligations, either in payment of principal or interest or in the performance of any term or condition, as are contained in such agreement or indenture;

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(15) To borrow money for any of its corporate purposes, to issue revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (16) To exercise all powers usually possessed by private corporations performing similar functions which are not in conflict with the Constitution and laws of this state; and (17) Pursuant to proper resolution of the authority, to issue revenue bonds payable from the rents and revenues of the authority and its projects, which bonds may be issued in either fully negotiable coupon form, in which event they shall have all the qualities and incidents of negotiable instruments under the law of Georgia, or they may be issued in whole or in part in nonnegotiable fully registered form without coupons, payable to a designated payee or to the registered assigns of the payee with such conversion privileges as the authority may provide, for the purpose of paying all or any part of the cost associated with the projects authorized by the authority, including the cost of constructing, reconstructing, equipping, extending, adding to, or improving such projects, or for the purpose of refunding, as herein provided, any such bonds of the authority theretofore issued. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds were issued, the surplus shall be paid into the fund provided for the payment of principal and interest on such bonds. All such revenue bonds shall be issued and validated under and in accordance with the procedure of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, and in accordance with all terms and provisions thereof not in conflict herewith and in accordance with Code Section 50-17-1 of the O.C.G.A., relating to use of facsimile signatures on public securities, and, as security for the payment of any revenue bonds so authorized, any rents and revenue of the authority may be pledged and assigned. Such bonds are declared to be issued for an essential public and governmental purpose, and such bonds and all income therefrom shall be exempt from all taxation within the State of Georgia. For the purpose of the exemption from taxation of such bonds and the income therefrom, the authority shall be deemed to be a political subdivision of the State of Georgia.
SECTION 5. Credit not pledged and debt not created by bonds. Revenue bonds issued under the provisions of this Act shall not constitute a debt or a pledge of the faith and credit of the State of Georgia or Gilmer County; but such bonds shall be payable from the rentals, revenue, earnings, and funds of the authority as provided in the resolution, trust agreement, or indenture authorizing the issuance and securing the payment of such bonds; and the issuance of such bonds shall not directly, indirectly, or contingently obligate the state or said county to levy or pledge any form of taxation whatever for the payment thereof. No holder of any bond or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of the state or of said county, nor shall any such bond constitute a charge, lien,

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or encumbrance, legal or equitable, upon any such property. All such bonds shall contain on their face a recital setting forth substantially the foregoing provisions of this section.
SECTION 6. Trust agreement. In the discretion of the authority, any issue of revenue bonds may be secured by an agreement or indenture made by the authority with a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the State of Georgia. Such trust agreement or indenture may pledge and assign rents, fees, charges, revenues, and earnings to be received by the authority. The resolution providing for the issuance of revenue bonds and such trust agreements or indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders, including the right of appointment of a receiver upon default of the payment of any principal or interest obligation and the right of any receiver or trustee to enforce collection of any rents, fees, charges, or revenues for use of the project or projects necessary to pay all costs of operation and all reserves provided for, all principal and interest on all bonds of the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the authority. Such resolution and such trust agreement or indenture may include covenants setting forth the duties of the authority in relation to the acquisition of property for and construction of the project and to the custody, safeguarding, and application of all funds and covenants providing for the operation, maintenance, repair, and insurance of the project or projects and may contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. Such trust agreement or indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in securing bonds and debentures of corporations and may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such trust.
SECTION 7. Refunding bonds. The authority is authorized to provide by resolution for the issuance of revenue bonds of the authority for the purpose of calling, refunding, or refinancing any revenue bonds issued under the provisions hereof and then outstanding and to include in the amount of such refunding bonds all interest and any call premiums that may be required for the redemption and refunding of such outstanding bonds.
SECTION 8. Venue of actions, jurisdiction. Any action to protect or enforce any rights under the provisions hereof or any action against the authority brought in the courts of the State of Georgia shall be brought in the

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Superior Court of Gilmer County, Georgia; and any action pertaining to validation of any bonds issued under the provisions hereof shall be brought in said court, which shall have exclusive, original jurisdiction of such actions.
SECTION 9. Revenue bond validation. The petition for validation of all revenue bonds of the authority shall be brought against the authority, and any contracting party whose obligation is pledged as security for the payment of the bonds sought to be validated, as defendants, and the defendants shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof shall not be adjudicated to be in all respects valid and binding upon such contracting parties. It shall be incumbent upon such defendants to defend against adjudication of the validity and binding effect of such contract or contracts or be forever bound thereby. Notice of such proceedings shall be included in the notice of the validation hearing required to be issued and published by the clerk of the Superior Court of Gilmer County in which court such validation proceedings shall be initiated.
SECTION 10. Interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished, impaired, or affected in any manner that will affect adversely the interest and rights of the holders of such bonds. The provisions hereof shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
SECTION 11. Revenues, earnings, rents, and charges; use. (a) For the purpose of earning sufficient revenue to make possible the financing of the construction of the project or projects of the authority with revenue bonds, the authority is authorized and empowered to fix, revise, and collect rents, fees, and charges on each project which it shall cause to be acquired or constructed. Such rents, fees, or charges to be paid for the use of such project or projects shall be so fixed and adjusted as to provide a fund sufficient with other revenue, if any, of such project or projects or of the authority: (1) To pay the cost of operating, maintaining, and repairing the project or projects, including reserves for insurance and extraordinary repairs and other reserves required by the resolution or trust agreement or indenture pertaining to such bonds and the issuance thereof, unless such cost shall be otherwise provided for; (2) To pay the principal of and interest on such revenue bonds as the same shall become due, including call premium, if any, the proceeds of which shall have been or will be used to pay the cost of such project or projects; (3) To comply with any sinking fund requirements contained in the resolution or trust agreement or indenture pertaining to the issuance of and security for such bonds;

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(4) To perform fully all provisions of such resolution and trust agreement or indenture relating to the issuance of or security for such bonds to the payment of which such rent is pledged; (5) To accumulate any excess income which may be required by the purchasers of such bonds or may be dictated by the requirements of such resolution, trust agreement, or indenture, or of achieving ready marketability of and low interest rates on such bonds; and (6) To pay any expenses in connection with such bond issue or of such project or projects, including but not limited to trustees, attorneys, and fiscal agents fees. (b) Such rent shall be payable at such intervals as may be agreed upon and set forth in the rental contract or lease providing therefor, and any such contract or lease may provide for the commencement of rent payments to the authority prior to the completion of the undertaking by the authority of any such project and may provide for the payment of rent during such times as such project or projects may be partially or wholly untenantable. (c) Such rental contract or lease may obligate the tenants or lessees to operate, maintain, and keep in good repair, including complete reconstruction, if necessary, the rented or leased premises and projects, regardless of the cause of the necessity of such maintenance, repair, or reconstruction. (d) Such rental contract or lease may obligate the tenants or lessees to indemnify and save harmless the authority from any and all damage to persons and property occurring on or by reason of the leased property or improvements thereon and to undertake, at the expense of the tenants or lessees, the defense of any action brought against the authority by reason of injury or damages to persons or property occurring on or by reason of the leased premises. (e) In the event of any failure or refusal on the part of the tenants or lessees to perform punctually any covenant or obligation contained in any such rental contract or lease, the authority may enforce performance by any legal or equitable process against the tenants or lessees. (f) The authority shall be permitted to assign any rent payable to it, pursuant to such rental contract or lease, to a trustee or paying agent as may be required by the terms of the resolution or trust agreement or indenture relating to the issuance of and security for such bonds. (g) The use and disposition of the authoritys revenue shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of the trust agreement or indenture, if any, securing the same.
SECTION 12. Sinking fund. The revenue, rents, and earnings derived from any particular project or projects and any and all revenue, rents, and earnings received by the authority, regardless of whether such revenue, rents, and earnings were produced by a particular project for which bonds have been issued, unless otherwise pledged, may be pledged by the authority to payment of the principal of and interest on revenue bonds of the authority as may be provided in any

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resolution authorizing the issuance of such bonds or in any trust instrument pertaining to such bonds, and such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or trust instrument and which may be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall become due, (2) the principal of the bonds as the same shall mature, (3) the necessary charges of any trustee or paying agent for paying such principal and interest, and (4) any premium upon bonds retired by call or purchase; and the use and disposition of any sinking fund may be subject to such regulation as may be provided for in the resolution authorizing the issuance of the bonds or in the trust instrument securing the payment of the same.
SECTION 13. Exemption from taxation. The exercise of the powers conferred upon the authority hereunder shall constitute an essential governmental function for a public purpose, and the authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation and maintenance of property acquired by it or of buildings erected or acquired by it or any fees, rents, or other charges for the use of such property or buildings or other income received by the authority. The tax exemption herein provided shall not include an exemption from sales and use tax on property purchased by or for the use of the authority.
SECTION 14. Immunity from tort actions. The authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia; and the officers, agents, and employees of the authority, when in performance of work of the authority, shall have the same immunity and exemption from liability for torts and negligence as officers, agents, and employees of the State of Georgia. The authority may be sued the same as private corporations on any contractual obligation of the authority.
SECTION 15. Property not subject to levy and sale. The property of the authority shall not be subject to levy and sale under legal process.
SECTION 16. Trust funds.
All funds received pursuant to authority of Section 11 hereof, whether as proceeds from the sale of revenue bonds or as revenue, rents, fees, charges, or other earnings or as grants, gifts, or other contributions, shall be deemed to be trust funds to be held and applied by the authority, solely as provided herein; and the bondholders entitled to

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receive the benefits of such funds shall have a lien on all such funds until the same are applied as provided for in any such resolution or trust instrument of the authority.
SECTION 17. Construction. This Act and any other law enacted with reference to the authority shall be liberally construed for the accomplishment of its purposes.
SECTION 18. Scope of operations. The projects of the authoritys operation shall be located in the territory embraced within the jurisdictional limits of Gilmer County as the same now or may hereafter exist.
SECTION 19. Conveyance of property upon dissolution. Should the authority for any reason be dissolved after full payment of all bonded indebtedness incurred hereunder, both as to principal and interest, title to all property of any kind and nature, real and personal, held by the authority at the time of such dissolution shall be conveyed to Gilmer County; or title to any such property may be conveyed prior to such dissolution in accordance with provisions which may be made therefor in any resolution or trust instrument relating to such property, subject to any liens, leases, or other encumbrances outstanding against or in respect to said property at the time of such conveyance.
SECTION 20. Effect of partial invalidity of Act. Should any sentence, clause, phrase, or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect such remainder of this Act or any part hereof, other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full force and effect; and it is the express intention of this Act to enact each provision of this Act independently of any other provision hereof.
SECTION 21. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 22. Repealer.
All laws and parts of laws in conflict with this Act are repealed.
By unanimous consent, the following roll call vote was made applicable to the previously read Bills.

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On the passage of the Bills, and on the agreement to the Senate 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
Beasley-Teague Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Brown Bruce Y Bryant Buckner, D Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Casas Chambers Channell Y Cheokas 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
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
Graves, T Y Greene Y Hanner E Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Hembree Henson Hill, C Hill, C.A

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

Y Maxwell Y May
McCall Y McClinton Y Meadows Y Millar Y Miller
Mills Y Mitchell
Morgan Y Morris
Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q
Neal Y Oliver Y O'Neal
Orrock Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston 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 Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield
Smith, B Smith, L Y Smith, P Smith, R Y Smith, T Y Smith, V Smyre Y Stanley-Turner Y Stephens Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Tumlin Walker Y Warren Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Williams, R Wix Y Yates Richardson, Speaker

On the passage of the Bills, and on the agreement to the Senate substitute, the ayes were 124, nays 0.

The Bills, having received the requisite constitutional majority, were passed, and the House has agreed to the Senate substitute.

Representatives Smith of the 113th and Smith of the 131st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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The following Bills of the House were taken up for the purpose of considering the Senate substitute or amendments thereto:
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 Senate substitute was read:
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 for a certain period of time; 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

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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 certain 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 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 1.1.

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Said Chapter 31 of Title 36 is further amended by striking Code Section 36-31-3, relating to population standards for incorporation, and inserting in its place a new Code section to read as follows:
"36-31-3. (a) To be eligible for original incorporation as a municipal corporation, the minimum population standards of the area embraced within the proposed municipal boundary shall be as follows:
(1) A total resident population of at least 200 persons; and (2) An average resident population of at least 200 persons per square mile for the total area. (b) 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 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."
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.

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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. 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.

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(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 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.

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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 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

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(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. (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 inserting a new subsection (f) at the end of Code Section 48-8-89.1, relating to distribution of the tax upon creation of a new municipal corporation in certain counties, to read as follows:
"(f)(1) This subsection shall apply only to newly created municipalities when the municipal corporation created by local Act meets or is subject to the description specified in subsection (a) of Code Section 36-31-12. (2) Notwithstanding any other provision of this Code section, 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 subsection. (3) Within 60 days after the effective date of the notice referred to in paragraph (2) of this subsection, 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

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distribution certificate and shall specify as a percentage of the total proceeds of the tax what portion of the proceeds shall be received by the county in which the special district is located and by the new qualified municipality. (4) Except as otherwise provided in this paragraph, a distribution certificate required by this subsection must be executed by the governing authorities of the county within which the special district is located and each new qualified municipality located wholly or partially within the special district. If a new certificate is not filed within 60 days as required by paragraph (3) of this subsection, 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 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. (5) The commissioner shall begin to distribute the proceeds as specified in the certificate applicable to the county and the new qualified municipality or, if such a certificate is not filed, as specified in paragraph (4) of this subsection on the first day of the first month which begins more than 60 days after the effective date of the notice referred to in paragraph (2) of this subsection. The commissioner shall continue to distribute the proceeds of the tax according to the 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 paragraph (4) of this subsection until a subsequent certificate is filed and becomes effective as provided in Code Section 488-89."
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.

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(a) Except as otherwise provided in this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply with respect to any local Act enacted at the 2005 regular session of the General Assembly or any future session. (b) Section 1.1 of this Act, amending Code Section 36-31-3, shall become effective December 31, 2007, and shall apply with respect to any local Act enacted after that date.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
Representative Willard of the 49th moved that the House disagree to the Senate substitute to HB 36.
The motion prevailed.
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 following Senate amendments were read:
Senate Amendment #1
The Senate moves to amend HB 282 by adding after the semicolon on line 4 of page 1 the following:
"to provide for exempt status of certain compensation payments from the State of Georgia; to provide for related matters;".
By renumbering Sections 2 through 4 as Sections 3 through 5, respectively, and inserting a new Section 2 to read as follows:
"SECTION 2. Said article is further amended by adding after Code Section 48-7-26 a new Code Section 48-7-26.1 to read as follows:
'48-7-26.1.

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Any income received by a person from the State of Georgia resulting from the General Assemblys enactment of a compensation resolution compensating such person for damages incurred because of his or her wrongful conviction of a crime shall be exempt from income taxation by this state.'"
Senate Amendment #2
The Senate moves to amend HB 282 by adding after the semicolon on line 4 of page 1 the following:
"to amend Article 3 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax returns and information, so as to authorize taxpayers to make certain contributions through the income tax payment and refund process;".
By renumbering Sections 3 and 4 as Sections 4 and 5 and inserting a new Section 3 to read as follows:
"SECTION 3. Article 3 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax returns and information, is amended by adding at its end a new Code Section 48-7-62 to read as follows:
'48-7-62. (a) Each Georgia income tax return form for taxable years beginning on or after January 1, 2005, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to the Georgia National Guard Foundation by either donating all or any part of any tax refund due, by authorizing a reduction in the refund check otherwise payable, or by contributing any amount over and above any amount of tax owed by adding that amount to the taxpayers payment. The instructions accompanying the income tax return form shall contain a description of the purposes for which this fund was established and the intended use of moneys received from the contributions. Each taxpayer required to file a state income tax return who desires to contribute to the foundation may designate such contribution as provided in this Code section on the appropriate income tax return form. (b) The Department of Revenue shall determine annually the total amount so contributed and shall transmit such amount to the Georgia National Guard Foundation. The Georgia National Guard Foundation is the nonprofit 501(c)(3) corporation whose purpose is to provide support to members of the Georgia Department of Defense.'"
Representative Roberts of the 154th moved that the House disagree to the Senate amendments to HB 282.
The motion prevailed.

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The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:
HB 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.
Representative Burmeister of the 119th moved that the House insist on its position in disagreeing to the Senate amendment to HB 188 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 Burmeister of the 119th, Ralston of the 7th and Knox of the 24th.
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 Senate and has instructed me to report the same back to the House with the following recommendation:
SR 88 Do Pass, by Substitute
Respectfully submitted, /s/ Keown of the 173rd
Vice-Chairman
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 substitute, by the requisite constitutional majority, the following bills of the House:

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.

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 supplemental Rules Calendar was read and adopted:

HOUSE SUPPLEMENTAL RULES CALENDAR TUESDAY, MARCH 22, 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 22, 2005, by adding the following:

DEBATE CALENDAR

Open Rule SB 133
SB 139 SB 144 SB 175

Fireworks; definitions; certain combustible compositions; prohibit sale to 16 year olds; penalty Torts; liquefied petroleum gas providers; limit liability/damages Georgia Rural Development Council; create; elect officers at July meeting Brady Law; regulations; comprehensive revision

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SB 178 SB 272 SB 274 SB 308

Emergency Vehicles Equipment; restrictions to use blue lights; exceptions Ryan Boslet Bill; school athletic policy; physical examination form Ga. Utility Facility Protection Act; sewer laterals; add provisions Georgia Firefighter Standards/Training Council; powers/functions; provide definitions

Modified Open Rule None

Modified Structured Rule

SB 19

Class Actions; appellate procedures; limitations/conditions on certification

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

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

SB 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.

The following Committee substitute was read and adopted:

A BILL

To amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, the "Georgia Utility Facility Protection Act," so as to revise comprehensively provisions relating to utility facility protection; to add provisions regarding sewer laterals; to revise definitions; to revise provisions relating to design locate requests; to revise provisions relating to the utilities protection center; to provide for commencing excavation or blasting before the end of the waiting period in some circumstances; to revise provisions relating to costs of re-marking; to revise provisions relating to the responsibilities of excavators and facility

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owners or operators; to provide for responsibilities of sewer system owners or operators with regard to sewer laterals; to provide for immunity from liability in certain circumstances; to provide for attempted location of utility facilities and sewer laterals by excavators in certain circumstances; to provide for installation of sewer laterals in a manner to make them locatable; to provide for use of a locator; to provide for large projects; to provide for the standard of care for trenchless excavation; to revise provisions relating to emergency excavations; to authorize ordinances requiring bonds for excavators; to provide for calculation of damages in certain civil actions; to revise provisions relating to the advisory committee; to revise provisions relating to commission enforcement of the chapter; to restrict imposition of civil penalties on local governing authorities; to provide for recommendations regarding training in lieu of penalties; to provide for findings and offers of settlement; to provide for civil penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 9 of Title 25 of the Official Code of Georgia Annotated, the "Georgia Utility Facility Protection Act," is amended by striking Code Section 25-9-2, relating to the purpose of the chapter, and inserting in lieu thereof the following:
"25-9-2. The purpose of this chapter is to protect the public from physical harm, prevent injury to persons and property, and prevent interruptions of utility service resulting from damage to utility facilities and sewer laterals caused by blasting or excavating operations by providing a method whereby the location of utility facilities and sewer laterals will be made known to persons planning to engage in blasting or excavating operations so that such persons may observe proper precautions with respect to such utility facilities and sewer laterals."
SECTION 2. Said chapter is further amended by striking Code Section 25-9-3, relating to definitions relative to utility facility protection, and inserting in lieu thereof the following:
"25-9-3. As used in this chapter, the term:
(1) 'Abandoned utility facility' means a utility facility taken out of service by a facility owner or operator on or after January 1, 2001. (2) 'Blasting' means any operation by which the level or grade of land is changed or by which earth, rock, buildings, structures, or other masses or materials are rended, torn, demolished, moved, or removed by the detonation of dynamite or any other explosive agent. (3) 'Business days' means Monday through Friday, excluding the following holidays: New Years Day, Birthday of Dr. Martin Luther King, Jr., Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the following Friday,

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Christmas Eve, and Christmas Day. Any such holiday that falls on a Saturday shall be observed on the preceding Friday. Any such holiday that falls on a Sunday shall be observed on the following Monday. (4) 'Business hours' means the time from 7:00 A.M. to 4:30 P.M. local time on business days. (5) 'Commission' means the Public Service Commission. (6) 'Corporation' means any corporation; municipal corporation; county; authority; joint-stock company; partnership; association; business trust; cooperative; organized group of persons, whether incorporated or not; or receiver or receivers or trustee or trustees of any of the foregoing. (7) 'Damage' means any impact or exposure that results in the need to repair a utility facility or sewer lateral due to the weakening or the partial or complete destruction of the facility or sewer lateral including, but not limited to, the protective coating, lateral support, cathodic protection, or the housing for the line, device, sewer lateral, or facility. (8) 'Design locate request' means a communication to the utilities protection center in which a request for locating existing utility facilities for bidding, predesign, or advance planning purposes is made. A design locate request may not be used for excavation purposes. (9) 'Designate' means to stake or mark on the surface of the tract or parcel of land the location of a utility facility or sewer lateral. (9)(10) 'Emergency' means a sudden or unforeseen occurrence involving a clear and imminent danger to life, health, or property; the interruption of utility services; or repairs to transportation facilities that require immediate action. (10)(11) 'Emergency notice' means a communication to the utilities protection center to alert the involved facility owners or operators of the need to excavate due to an emergency that requires immediate excavation. (11)(12) 'Excavating' means any operation by which the level or grade of land is changed or earth, rock, or other material below existing grade is moved and includes, without limitation, grading, trenching, digging, ditching, augering, scraping, directional boring, and pile driving. Such term, however, does not include routine road surface scraping maintenance. 'Excavating' shall not mean include pavement milling or pavement repair that does not exceed the depth of the existing pavement or 12 inches, whichever is less. The term shall not include other routine roadway maintenance activities carried out by employees of the Georgia Department of Transportation acting within the scope of their employment road maintenance or railroad employees or contractors, provided that such activities occur entirely within the right of way of a public road, street, railroad, or highway of the state; are carried out with reasonable care so as to protect any utility facilities and sewer laterals placed in the right of way by permit; are carried out within the limits of any original excavation on the traveled way, shoulders, or drainage features ditches of a public road, street, railroad, or highway, and do not exceed 18 inches in depth below the grade existing prior to such activities; and, if involving the replacement of existing

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structures, replace such structures in their previous locations and at their previous depth. 'Excavating' shall not include normal farming activities. (12)(13) 'Excavator' means any person engaged in excavating or blasting as defined in this Code section. (13)(14) 'Extraordinary circumstances' means circumstances other than normal operating conditions which exist and make it impractical or impossible for a facility owner or operator to comply with the provisions of this chapter. Such extraordinary circumstances may include, but shall not be limited to, hurricanes, tornadoes, floods, ice and snow, and acts of God. (14)(15) 'Facility owner or operator' means any person or entity with the sole exception of a homeowner who owns, operates, or controls the operation of a utility facility, as defined in this Code section, for the purpose of commercial enterprise. (16) 'Horizontal directional drilling' or 'HDD' means a type of trenchless excavation that uses guidable boring equipment to excavate in an essentially horizontal plane without disturbing or with minimal disturbance to the ground surface. (17) 'Large project' means an excavation that involves more work to locate utility facilities than can reasonably be completed within the requirements of subsection (a) of Code Section 25-9-7. (18) 'Local governing authority' means a county, municipality, or local authority created by or pursuant to general, local, or special Act of the General Assembly, or by the Constitution of the State of Georgia. The term also includes any local authority that is created or activated by an appropriate ordinance or resolution of the governing body of a county or municipality individually or jointly with other political subdivisions of this state. (15)(19) 'Locate request' means a communication between an excavator and the utilities protection center in which a request for locating utility facilities, sewer laterals, or both is processed. (20) 'Locator' means a person who is acting on behalf of facility owners and operators in designating the location of the utility facilities and sewer laterals of such owners and operators. (16)(21) 'Mechanized excavating equipment' means all equipment which is powered by any motor, engine, or hydraulic or pneumatic device and which is used for excavating. (22) 'Minimally intrusive excavation methods' means methods of excavation that minimize the potential for damage to utility facilities and sewer laterals. Examples include, but are not limited to, air entrainment/vacuum extraction systems and water jet/vacuum excavation systems operated by qualified personnel and careful hand tool usage and other methods as determined by the Public Service Commission. The term does not include the use of trenchless excavation. (23) 'Permanent marker' means a visible indication of the approximate location of a utility facility or sewer lateral that can reasonably be expected to remain in position for the life of the facility. The term includes, but is not limited to, sewer cleanouts; water meter boxes; and etching, cutting, or attaching medallions or other industry

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accepted surface markers to curbing, pavement, or other similar visible fixed surfaces. All permanent markers other than sewer cleanouts, water meter boxes, or any other visible component of a utility facility that establish the exact location of the facility must be placed accurately in accordance with Code Section 25-9-9 and be located within the public right of way. Sewer cleanouts, water meter boxes, or any other visible component of a utility facility that establishes the exact location of the facility must be located within ten feet of the public right of way to be considered a permanent marker. (17)(24) 'Person' means an individual, firm, joint venture, partnership, association, municipality local governing authority, state, or other governmental unit, authority, department, agency, or a corporation and shall include any trustee, receiver, assignee, employee, agent, or personal representative thereof. (25) 'Positive response information system' or 'PRIS' means the automated information system operated and maintained by the utilities protection center at its location that allows excavators, locators, facility owners or operators, and other affected parties to determine the status of a locate request or design locate request. (18)(26) 'Service area' means a contiguous area or territory which encompasses the distribution system or network of utility facilities by means of which a facility owner or operator provides utility service. (19) 'Ticket Information Exchange System' means the automated information system to be installed and operated by the utilities protection center that will allow the excavator to determine locate ticket status from information provided by the facility owner or operator. (27) 'Sewer lateral' means an individual customer service line which transports waste water from one or more building units to a utility owned sewer facility. (28) 'Sewer system owner or operator' means the owner or operator of a sewer system. Sewer systems shall be considered to extend to the connection to the customers facilities. (29) 'Traffic control devices' means all roadway or railroad signs, sign structures, or signals and all associated infrastructure on which the public relies for informational, regulatory, or warning messages concerning the public or railroad rights of way. (30) 'Traffic management system' means a network of traffic control devices, monitoring sensors, and personnel, with all associated communications and power services, including all system control and management centers. (20)(31) 'Tolerance zone' means the width of the utility facility or sewer lateral plus 24 inches on either side of the outside edge of the utility facility or sewer lateral on a horizontal plane. (32) 'Trenchless excavation' means a method of excavation that uses boring equipment to excavate with minimal or no disturbance to the ground surface and includes horizontal directional drilling. (33) 'Unlocatable facility' means an underground facility that cannot be marked with reasonable accuracy using generally accepted techniques or equipment commonly used to designate utility facilities and sewer laterals. This term includes, but is not

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limited to, nonconductive utility facilities and sewer laterals and nonmetallic underground facilities that have no trace wires or records that indicate a specific location. (21)(33) 'Utilities protection center' or 'center' 'UPC' means the corporation or other organization formed by facility owners or operators to provide a joint telephone number notification service for the purpose of receiving advance notification from persons planning to blast or excavate and distributing such notifications to its affected facility owner or operator members. (22)(34) 'Utility facility' means an underground or submerged conductor, pipe, or structure used or installed for use in providing electric or communications service, or an underground or submerged pipe used in carrying, providing, or gathering gas, oil or oil products, sewage, waste water, storm drainage, or water or other liquids, and appurtenances thereto. This does not include utility facilities owned by a homeowner for service at the homeowners residence. All utility facilities shall be considered to extend up to the connection to the customers facilities. The term does not include traffic control devices, traffic management systems, or sewer laterals."
SECTION 3. Said chapter is further amended by striking Code Section 25-9-4, relating to design locate requests and responses, and inserting in lieu thereof the following:
"25-9-4. (a) Any person may submit a design locate request to the utilities protection center UPC. Such design locate request shall:
(1) Describe the tract or parcel of land for which the design locate request has been submitted with sufficient particularity, as defined by policies developed and promulgated by the utilities protection center UPC, to enable the facility owner or operator to ascertain the precise tract or parcel of land involved; and (2) State the name, address, and telephone number of the person who has submitted the design locate request, as well as the name, address, and telephone number of any other person authorized to review any records subject to inspection as provided in paragraph (3) of subsection (b) of this Code section. (b) Within ten working days after a design locate request has been submitted to the utilities protection center UPC for a proposed project, the facility owner or operator shall respond by one of the following methods: (1) Designate or cause to be designated by a locator in accordance with Code Section 25-9-9 the location of all utility facilities and sewer laterals within the area of the proposed excavation; (2) Provide to the person submitting the design locate request the best available description of all utility facilities and sewer laterals in the area of proposed excavation, which might include drawings of utility facilities and sewer laterals already built in the area, or other facility records that are maintained by the facility owner or operator; or

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(3) Allow the person submitting the design locate request or any other authorized person to inspect or copy the drawings or other records for all utility facilities and sewer laterals within the proposed area of excavation. (c) Upon responding using any of the methods provided in subsection (b) of this Code section, the facility owner or operator shall provide the response to the UPC in accordance with UPC procedures."
SECTION 4. Said chapter is further amended by striking Code Section 25-9-5, relating to cooperation with the utilities protection center and the point of contact list, and inserting in lieu thereof the following:
"25-9-5. (a) All Except as otherwise provided by subsection (b) of this Code section, all facility owners or operators operating or maintaining utility facilities within the state shall participate as members in and cooperate with the utilities protection center UPC. No duplicative center shall be established. The activities of the center UPC shall be funded by all utilities facility owners or operators. (b) Persons who install water and sewer facilities or who own such facilities until those facilities are accepted by a local governing authority or other entity are not required to participate as members of the UPC and shall not be considered facility owners or operators. All such persons shall install and maintain permanent markers, as defined in Code Section 25-9-3, identifying all water and sewer facilities at the time of the facility installation. Notwithstanding the above, all owners or operators of water and sewer facilities that provide service from such facilities are considered facility owners or operators and shall be members of the UPC. (c) The utilities protection center UPC shall maintain a list of the name, address, and telephone number of the office, department, or other source from or through which information respecting the location of utility facilities of its participating facility owners or operators may be obtained during business hours on business days."
SECTION 5. Said chapter is further amended by striking Code Section 25-9-6, relating to prerequisites to blasting or excavating and marking sites, and inserting in lieu thereof the following:
"25-9-6. (a) No person shall commence, perform, or engage in blasting or in excavating with mechanized excavating equipment on any tract or parcel of land in any county in this state unless and until the person planning the blasting or excavating has given 48 hours notice by submitting a locate request to the utilities protection center UPC, beginning the next business day after such notice is provided, excluding hours during days other than business days. Any person performing excavation is responsible for being aware of all information timely entered into the PRIS prior to the commencement of excavation. If, prior to the expiration of the 48 hour waiting period, all identified facility owners or operators have responded to the locate request, and if all have indicated that their

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facilities are either not in conflict or have been marked, then the person planning to perform excavation or blasting shall be authorized to commence work, subject to the other requirements of this Code section, without waiting the full 48 hours. The 48 hours notice shall not be required for excavating where minimally intrusive excavation methods are used exclusively. Any locate request received by the utilities protection center UPC after business hours shall be deemed to have been received by the utilities protection center UPC the next business day. Such locate request shall:
(1) Describe the tract or parcel of land upon which the blasting or excavation is to take place with sufficient particularity, as defined by policies developed and promulgated by the utilities protection center UPC, to enable the facility owner or operator to ascertain the precise tract or parcel of land involved; (2) State the name, address, and telephone number of the person who will engage in the blasting or excavating; (3) Describe the type of blasting or excavating to be engaged in by the person; and (4) Designate the date upon which the blasting or excavating will commence. (b) In the event the location upon which the blasting or excavating is to take place cannot be described with sufficient particularity to enable the facility owner or operator to ascertain the precise tract or parcel involved, the person proposing the blasting or excavating shall mark the route or boundary of the site of the proposed blasting or excavating by means of white paint, white stakes, or white flags if practical, or schedule an on-site meeting with the locator or facility owner or operator and inform the utility protection center UPC, within a reasonable time, of the results of such meeting. (c) Except as otherwise provided in this subsection, notice given pursuant to subsection (a) of this Code section shall expire 21 calendar days following the date of such notice, and no blasting or excavating undertaken pursuant to this notice shall continue after such time has expired. In the event that the blasting or excavating which is the subject of the notice given pursuant to subsection (a) of this Code section will not be completed within 21 calendar days following the date of such notice, an additional notice must be given in accordance with subsection (a) of this Code section for the locate request to remain valid. (d) For emergencies, notice shall expire at 7:00 A.M. three business days after the notification is made to the UPC. (d)(e) Except for those persons submitting design locate requests, no person, including facility owners or operators, shall request marking of a site through the utilities protection center UPC unless excavating is scheduled to commence. In addition, no person shall make repeated requests for re-marking, unless the repeated request is required for excavating to continue or due to circumstances not reasonably within the control of such person. Any person who willfully fails to comply with this subsection shall be strictly liable to the facility owner or operator for three times the cost of marking the utility facility, not to exceed $1,000.00 $100.00 or for actual costs, whichever is greater, for each repeated request for re-marking. (e)(f) If, subsequent to giving the notice to the utilities protection center UPC required by subsection (a) of this Code section, a person planning excavating determines that

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such work will require blasting, then such person shall promptly so notify the utilities protection center UPC and shall refrain from any blasting until the facility owner or operator responds within 24 hours, excluding hours during days other than business days, following receipt by the utilities protection center UPC of such notice. (f)(g) When a locate request is made in accordance with subsection (a) of this Code section, excavators other than the person planning the blasting or excavating may conduct such activity, provided that the person planning the blasting or excavating shall remain responsible for ensuring that any stakes or other markings placed in accordance with this chapter remain in place and reasonably visible until such blasting or excavating is completed; and provided, further, that such blasting or excavating is:
(1) Performed on the tract or parcel of land identified in the locate request; (2) Performed by a person authorized by and having a contractual relationship with the person planning the blasting or excavating; (3) The type of blasting or excavating described in the locate request; and (4) Carried out in accordance with all other requirements of this chapter. (h) Facility owners or operators may bill an excavator their costs for any requests for re-marking other than for re-marks with no more than five individual addresses on a single locate request. Such costs shall be documented actual costs and shall not exceed $100.00 per re-mark request."
SECTION 6. Said chapter is further amended by striking Code Section 25-9-7, relating to determining whether utility facilities are present, information to be provided to the utilities protection center, noncompliance, future utility facilities, and abandoned utility facilities, and inserting in lieu thereof the following:
"25-9-7. (a)(1) Within 48 hours beginning the next business day after the business day following receipt by the utilities protection center UPC of the locate request filed in accordance with Code Section 25-9-6, excluding hours during days other than business days, each facility owner or operator shall determine whether or not utility facilities are located on the tract or parcel of land upon which the excavating or blasting is to occur. If utility facilities are determined to be present, the facility owner or operator shall designate, through stakes, flags, permanent markers, or other marks on the surface of the tract or parcel of land, the location of utility facilities. In the event of extraordinary circumstances, the facility owner or operator shall notify the utilities protection center as provided in subsection (c) of this Code section. This subsection shall not apply to large projects. (2) Designation Such designation of the location of utility facilities through staking or, flagging, permanent markers, or other marking shall be in accordance with the American Public Works Association (APWA) color code in place at the time the location of the utility facility is designated. Additional marking requirements beyond color code, if any, shall be prescribed by rules and regulations promulgated by the Public Service Commission.

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(3) A facility owner or operator is not required to mark its own facilities within 48 hours if the facility owner or operator or its agents are the only parties performing the excavation; however, such facilities shall be designated prior to the actual start of excavation. (b)(1) Within 48 hours beginning the next business day after the business day following receipt by the UPC of the locate request filed in accordance with Code Section 25-9-6, excluding hours during days other than business days, each sewer system owner or operator shall determine whether or not sewer laterals are located or likely to be located on the tract or parcel of land upon which the excavating or blasting is to occur. If sewer laterals are determined to be present or likely to be present, then the sewer system owner or operator shall assist in designating sewer laterals up to the edge of the public right of way. Such assistance shall not constitute ownership or operation of the sewer lateral by the sewer system owner or operator. Good faith compliance with provisions of this subsection in response to a locate request shall constitute full compliance with this chapter, and no person shall be found liable to any party for damages or injuries as a result of performing in compliance with the requirements of this subsection. (2) To assist in designating sewer laterals, the sewer system owner or operator shall provide its best available information regarding the location of the sewer laterals to the excavator. This information shall be conveyed to the excavator in a manner that may include, but shall not be limited to, any one of the following methods:
(A) Marking the location of sewer laterals in accordance with subsection (a) of this section, provided that:
(i) Any sewer lateral designated using the best available information shall constitute a good faith attempt and shall be deemed to be in compliance with this subsection, provided that such mark represents only the best available information of the sewer system owner or operator and may not be accurate; and (ii) If a sewer lateral is unlocatable, a triangular green mark shall be placed at the sewer main pointing at the address in question to indicate the presence of an unlocatable sewer lateral; (B) Providing electronic copies of or delivering the records through facsimile or by other means to an agreed upon location within 48 hours beginning the next business day after the business day following receipt by the UPC of the locate request filed in accordance with Code Section 25-9-6, excluding hours during days other than business days; provided, however, that for local governing authorities that receive fewer than 50 locate requests annually, the local governing authority may designate the agreed upon location and communicate such designation to the excavator; (C) Arranging to meet the excavator on site to provide the best available information about the location of the sewer laterals; (D) Providing the records through other processes and to other locations approved by documented agreement between the excavator and the facility owner or operator; or

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(E) Any other reasonable means of conveyance approved by the commission after receiving recommendations from the advisory committee, provided that such means are equivalent to or exceed the provisions of subparagraph (A), (B), or (C) of this paragraph. (b)(c) Each facility owner or operator, either upon determining that no utility facility or sewer lateral is present on the tract or parcel of land or upon completion of the designation of the location of any utility facilities or sewer laterals on the tract or parcel of land as required by subsection (a) or (b) of this Code section, shall provide this information to the utilities protection center UPC in accordance with procedures developed by the utilities protection center UPC, and which may include the use of the Ticket Information Exchange System PRIS. In no event shall such notice be provided later than midnight of the second business day following receipt by the utilities protection center UPC of actual notice filed in accordance with Code Section 25-9-6. (c)(d) In the event the facility owner or operator is unable to designate the location of the utility facilities or sewer laterals due to extraordinary circumstances, the facility owner or operator shall notify the utilities protection center UPC and provide an estimated completion date in accordance with procedures developed by the utilities protection center UPC, which may include the use of the Ticket Information Exchange System PRIS. (d)(e) If, at the end of the time period specified in subsection (a) subsections (a) and (b) of this Code section, any facility owner or operator has not complied with the requirements of subsections (a), and (b), and (c) of this Code section, as applicable, the utilities protection center UPC shall issue a second request to each such facility owner or operator. If the facility owner or operator does not respond to this additional request by 12:00 Noon of that business day, either by notifying the utilities protection center UPC in accordance with procedures developed by the utilities protection center UPC that no utility facilities or sewer laterals are present on the tract or parcel of land, or by designating the location of such utility facilities or sewer laterals in accordance with the provisions of subsections (a) and (b) of this Code section, as applicable, then the person providing notice pursuant to Code Section 25-9-6 may proceed with the excavating or blasting, provided that there is no visible and obvious evidence of the presence of an unmarked utility facility or sewer lateral on the tract or parcel of land. Such person shall not be subject to any liability resulting from damage to the utility facility or sewer lateral as a result of the blasting or excavating, provided that such person complies with the requirements of Code Section 25-9-8. (f) If visible and obvious evidence of the presence of an unmarked utility facility or sewer lateral does exist and the facility owner or operator either refuses to comply with subsections (a) through (d) of this Code section, as applicable, or is not a member of the UPC, then the excavator shall attempt to designate such facility or sewer lateral prior to excavating. The facility owner or operator shall be liable for the actual costs associated with the excavator designating such utility facilities and sewer laterals. Such costs shall not exceed $100.00 or documented actual costs, whichever is greater, for each locate request.

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(e)(g) All utility facilities installed by facility owners or operators on or after January 1, 2001, shall be installed in a manner which will make them locatable using a generally accepted electronic locating method by facility owners or operators. All sewer laterals installed on or after January 1, 2006, shall be installed in a manner which will make them locatable by facility owners or operators using a generally accepted electronic locating method. In the event that an unlocatable utility facility or unlocatable sewer lateral becomes exposed when the facility owner or operator is present or in the case of sewer laterals when the sewer utility owner or operator is present on or after January 1, 2006, such utility facility or sewer lateral shall be made locatable through the use of a permanent marker or an updating of permanent records. (f)(h) Facility owners or operators shall either maintain in a data base recorded information concerning the location and other characteristics of abandoned utility facilities, maintain such abandoned utility facilities in a locatable manner, or remove such abandoned utility facilities. Facility owners or operators shall provide information on abandoned utility facilities, when possible, in response to a locate request or design locate request. When the presence of an abandoned facility within an excavation site is known, the facility owner or operator should attempt to locate and mark the abandoned facility or provide information to the excavator regarding such facilities. When located or exposed, all abandoned utility facilities and sewer laterals shall be treated as live utility facilities and sewer laterals. (i) Notwithstanding any other provision of law to the contrary, a facility owner or operator may use a locator to designate any or all utility facilities and sewer laterals. The use of a locator shall not relieve the facility owner or operator of any responsibility under this chapter. However, by contract a facility owner or operator may be indemnified by a locator for any failure on the part of the locator to comply with the provisions of this chapter. (j) By January 1, 2006, the advisory committee shall propose to the Public Service Commission rules and processes specific to the locating of large projects. These rules shall include, but shall not be limited to, the establishment of detailed processes. Such rules may also include changes in the time period allowed for a facility owner or operator to comply with the provisions of this chapter and to the time period for which designations are valid. The commission shall promulgate rules addressing this subsection no later than June 1, 2006.
(k)(1) Within 48 hours beginning the next business day after the business day following receipt by the UPC of the locate request filed in accordance with Code Section 25-9-6, excluding hours during days other than business days, each facility owner or operator shall determine whether or not unlocatable facilities other than sewer laterals are present. In the event that such facilities are determined to be present, the facility owner or operator shall exercise reasonable care in locating such facilities. The exercise of reasonable care shall require, at a minimum, the use of the best available information to designate the facilities and notification to the UPC of such attempted location. Placing markers or otherwise leaving evidence of locations

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of facilities is deemed to be an acceptable form of notification to the excavator or locator. (2) This subsection shall not apply to sewer laterals."
SECTION 7. Said chapter is further amended by striking Code Section 25-9-8, relating to the obligations of blasters and excavators with regard to utility facilities, and inserting in lieu thereof the following:
"25-9-8. (a) Persons engaged in blasting or in excavating with mechanized excavating equipment shall not strike, damage, injure, or loosen any utility facility or sewer lateral which has been staked, flagged, or marked in accordance with this chapter. (b) When excavating or blasting is to take place within the tolerance zone, the excavator shall exercise such reasonable care as may be necessary for the protection of the utility facility or sewer lateral, including permanent markers and paint placed to designate utility facilities. This protection shall include, but may not be limited to, hand digging, pot holing, soft digging, vacuum excavation methods, pneumatic hand tools, other mechanical methods with the approval of the facility owner or operator, or other generally accepted methods. For parallel type excavations, the existing facility shall be exposed at intervals as often as necessary to avoid damages. (c) When conducting trenchless excavation the excavator must exercise reasonable care, as described in subsection (b) of this Code section, and shall take additional care to attempt to prevent damage to utility facilities and sewer laterals. The recommendations of the HDD consortium applicable to the performance of trenchless excavation set out in the document 'Horizontal Directional Drilling Good Practice Guidelines,' dated May, 2001, are adopted by reference as a part of this subsection to describe such additional care. The advisory committee may recommend to the commission more stringent criteria as it deems necessary to define additional care and the commission is authorized to adopt additional criteria to define additional care. (d) Any person engaged in blasting or in excavating with mechanized excavating equipment who strikes, damages, injures, or loosens any utility facility or sewer lateral, regardless of whether the utility facility or sewer lateral is marked, shall immediately cease such blasting or excavating and notify the utilities protection center UPC and the appropriate facility owner or operator, if known. Upon receiving notice from the excavator or the utilities protection center UPC, the facility owner or operator shall send personnel to the location as soon as possible to effect temporary or permanent repair of the damages damage. Until such time as the damage has been repaired, no person shall engage in excavating or blasting activities that may cause further damage to the utility facility or sewer lateral except as provided in Code Section 25-9-12."
SECTION 8. Said chapter is further amended by striking subsection (a) of Code Section 25-9-9, relating to the degree of accuracy required in location information for utility facilities,

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and the effect on liability of inaccurate information, and inserting in lieu thereof the following:
"(a) For the purposes of this chapter, information concerning the location of utility facilities which is provided by a facility owner or operator in accordance with subsection (a) of Code Section 25-9-7 to any person must be accurate to within 24 inches measured horizontally from the outer edge of either side of such utility facilities. If any utility facility becomes damaged by an excavator due to the furnishing of inaccurate information as to its location by the facility owner or operator, such excavator shall not be subject to any liability resulting from damage to the utility facility as a result of the blasting or excavating, provided that such person complies with the requirements of Code Section 25-9-8 and there is no visible and obvious evidence to the excavator of the presence of a mismarked utility facility."
SECTION 9. Said chapter is further amended by striking Code Section 25-9-12, relating to notice requirements for emergency evacuations, and inserting in lieu thereof the following:
"25-9-12. The notice requirements provided by Code Section 25-9-6 shall not be required of persons performing emergency excavations or excavation in extraordinary circumstances; provided, however, that any person who engages in an emergency excavation or excavation in extraordinary circumstances shall take all reasonable precautions to avoid or minimize damage to any existing utility facilities and sewer laterals; provided, further, that any person who engages in an emergency excavation or excavation in extraordinary circumstances shall give notice of the emergency excavation as soon as practical to the utilities protection center UPC. In giving such notice, such person must specifically identify the dangerous condition involved. If it is later determined by the commission that the excavation did not qualify as an emergency excavation, all liabilities and penalties will accrue as if no notice had been given."
SECTION 10. Said chapter is further amended by striking Code Section 25-9-13, relating to penalties for violations of the chapter, and inserting in lieu thereof the following:
"25-9-13. (a) Any person who violates the requirements of Code Section 25-9-6 and whose subsequent excavating or blasting damages utility facilities or sewer laterals shall be strictly liable for:
(1) Any cost All costs incurred by the facility owner or operator in repairing or replacing its damaged facilities; and (2) Any injury or damage to persons or property resulting from damaging the utility facilities and sewer laterals. (b) Each local governing authority is authorized to require by ordinance any bonds on utility contractors or on persons performing excavation or blasting within the public

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right of way or any dedicated utility easement as it may determine to assure compliance with subsection (a) of this Code section. (b)(c) Any such person who violates the requirements of Code Section 25-9-6 and whose subsequent excavating or blasting damages utility facilities or sewer laterals shall also indemnify the affected facility owner or operator against all claims or costs incurred, if any, for personal injury, property damage, or service interruptions resulting from damaging the utility facilities and sewer laterals. Such obligation to indemnify shall not apply to any county, city, town, or state agency to the extent permitted by law. In any civil action by a facility owner or operator to recover the costs of repairing or replacing facilities damaged through violation of Code Section 25-9-6 or 25-9-8, those costs shall be calculated utilizing generally accepted accounting principles. (c)(d) In addition to the other provisions of this Code section, a professional licensing board shall be authorized to suspend or revoke any professional or occupational license, certificate, or registration issued to a person pursuant to Title 43 whenever such person violates the requirements of Code Section 25-9-6 or 25-9-8. (d)(e) Subsections (a), (b) (c), and (c) (d) of this Code section shall not apply to any person who shall commence, perform, or engage in blasting or in excavating with mechanized equipment on any tract or parcel of land in any county in this state if the facility owner or operator to which notice was given respecting such blasting or excavating with mechanized equipment as prescribed in subsection (a) of Code Section 25-9-6 has failed to comply with Code Section 25-9-7 or has failed to become a member of the utilities protection center UPC as required by Code Section 25-9-5. (e)(f) The commission shall enforce the provisions of this chapter. The commission may promulgate any rules and regulations necessary to implement the commissions authority to enforce this chapter.
(f)(g)(1) The commission shall create an advisory committee The Governor shall appoint an advisory committee consisting of persons who are employees or officials of or who represent the interests of: representatives of the following groups and agencies: facility owners or operators; utilities protection center; excavators; municipalities; counties; Georgia Department of Transportation; Governors Office of Consumer Affairs; and underground line locators. The advisory committee shall consist of one representative from each of the above groups and agencies, with the exception of facility owners or operators and excavators, which groups shall each have two representatives on the advisory committee. The commission chairperson or such chairpersons representative shall also serve on the advisory committee.
(A) One member to represent the Georgia Department of Transportation; (B) One member to represent water systems or water and sewer systems owned or operated by local governing authorities; (C) One member to represent the utilities protection center; (D) One member to represent water systems or water and sewer systems owned or operated by counties; (E) One member to represent water systems or water and sewer systems owned or operated by municipalities;

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(F) One member to represent the nonmunicipal electric industry; (G) Three members to represent excavators; (H) One member to represent locators; (I) One member to represent the nonmunicipal telecommunications industry; (J) One member to represent the nonmunicipal natural gas industry; (K) One member to represent municipal gas, electric, or telecommunications providers; and (L) The commission chairperson or such chairpersons designee. The commission chairperson or his or her designee shall serve as chairperson of the advisory committee and shall cast a vote only in the case of a tie. Persons appointed to the advisory committee shall have expert knowledge of this chapter and specific operations expertise with the subject matter encompassed by the provisions of this chapter. The new advisory committee shall be established within 60 days of the effective date of this subsection. (2) The advisory committee shall assist the commission in the enforcement of this chapter, make recommendations to the commission regarding rules and regulations, and shall perform duties to be assigned by the commission including, but not limited to, the review of reported violations of this chapter, and the preparation of recommendations to the commission as to the appropriate penalties to impose on persons violating the provisions of this chapter. (3) The members of the advisory committee shall be immune, individually and jointly, from civil liability for any act or omission done or made in the performance of their duties while serving as members of such advisory committee, but only in the absence of willful misconduct. (g)(h)(1) The commission may, by judgment entered after a hearing on notice duly served on any person not less than 30 days before the date of the hearing, impose a civil penalty not exceeding $10,000.00 for each violation, if it is proved that the person violated any of the provisions of this chapter, as a result of a failure to exercise reasonable care. Any proceeding or civil penalty undertaken pursuant to this Code section shall not prevent nor preempt the right of any party to obtain civil damages for personal injury or property damage in private causes of action. Except as otherwise provided by law, this subsection shall not authorize the commission to impose civil penalties on any county, city, town, or state agency. The commission shall inform the counties, cities, towns, or state agencies of reports of alleged violations involving the county, city, town, or state agency and, at the request of the county, city, town, or state agency, suggest corrective action. The fine provided for in this subsection shall not be imposed on a person engaged in farming activities on land such person owns or leases. Commission enforcement of this chapter shall follow the procedures described in this subsection. Nothing in this subsection shall limit the authority of the commission delegated from the federal government and authorized in other state law. (2)(A) The commission is not authorized to impose civil penalties on any local governing authority except as provided in this paragraph. The commission may recommend training for local governing authorities in response to any probable or

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JOURNAL OF THE HOUSE

proven violation. On or after January 1, 2007, civil penalties may be recommended for or imposed on any local governing authority for refusal to comply with the requirements of Code Section 25-9-7 or for other violations of Code Section 25-9-7 that result in injury to people, damage to property, or the interruption of utility service in the event that investigators find that a local governing authority has demonstrated a pattern of willful noncompliance. Civil penalties may be recommended or imposed on or after January 1, 2006, for violations of provisions of this chapter other than Code Section 25-9-7 in the event that investigators find that the severity of an excavation violation warrants civil penalties or that a local governing authority has demonstrated a pattern of willful noncompliance. Any such civil penalty shall be recommended or imposed in accordance with a tiered penalty structure designed for local governing authorities. In the event that the investigators determine that a local governing authority has made a good faith effort to comply with this chapter, the investigators shall not recommend a civil penalty. For purposes of this subsection 'refusal to comply' means that a utility facility owner or operator does not respond in PRIS to a locate request, does not respond to a direct telephone call to locate their facilities, or other such direct refusal. Refusal to comply does not mean a case where the volume of requests or some other mitigating circumstance prevents the utility owner or operator from locating in accordance with Code Section 25-9-7. (B) No later than January 1, 2006, the advisory committee shall recommend to the commission for adoption a tiered penalty structure for local governing authorities. Such structure shall take into account the size, annual budget, gross receipts, number of utility connections and types of utilities within the territory of the local governing authority. Such penalty structure shall also take into account the number of locate tickets received annually by the local governing authority, the number of locate codes made annually to the local governing authority from the UPC, the number of utility customers whose service may have been interrupted by violations of this chapter, and the duration of such interruptions. Such penalty structure shall also consider the cost of compliance. The penalty structure shall establish for each tier the maximum penalty per violation and per 12 month period at a level to induce compliance with this chapter. Such maximum penalty shall not exceed $5,000.00 per violation or $50,000.00 per 12 month period for the highest tier. (3) If commission investigators find that a probable violation has occurred, they may recommend training in lieu of penalties to any person for any violation. The commission shall provide suggestions for corrective action to any person requesting such assistance. Commission investigators shall make recommended findings or offers of settlement to the respondent. (4) Any respondent may accept or disagree with the settlement recommended by the investigators. If the respondent disagrees with the recommended settlement, the respondent may dispute the settlement recommendation to the advisory committee. The advisory committee shall then render a recommendation either supporting the investigators recommendation, rejecting the investigators recommendation, or

TUESDAY, MARCH 22, 2005

2895

substituting its own recommendation. With respect to an investigation of any probable violation committed by a local governing authority, any recommendation by the advisory committee shall be in accordance with the provisions of paragraph (2) of this subsection. In its deliberations the advisory committee shall consider the gravity of the violation or violations; the degree of the respondents culpability; the respondents history of prior offenses; and such other mitigating factors as may be appropriate. If the advisory committee determines that a respondent has made a good faith effort to comply with this chapter, the committee shall not recommend civil penalties against the respondent. (5) If any respondent disagrees with the recommendation of the advisory committee, after notice and hearing by a hearing officer or administrative law judge, such officer or judge shall make recommendations to the commission regarding enforcement, including civil penalties. Any such recommendations relating to a local governing authority shall comply with the provisions of paragraph (2) of this subsection. The acceptance of the recommendations by the respondent at any point will stop further action by the investigators in that case. (6) When the respondent agrees with the advisory committee recommendation, the investigators shall present such agreement to the commission. The commission is then authorized to adopt the recommendation of the advisory committee regarding a civil penalty, or to reject such a recommendation. The commission is not authorized to impose a civil penalty greater than the civil penalty recommended by the advisory committee or to impose any civil penalty if the advisory committee does not recommend a civil penalty. (7) The commission may, by judgment entered after a hearing on notice duly served on any person not less than 30 days before the date of the hearing, impose a civil penalty not exceeding $10,000.00 for each violation, if it is proved that the person violated any of the provisions of this chapter as a result of a failure to exercise additional care in accordance with subsection (c) of Code Section 25-9-8 or reasonable care in accordance with other provisions of this chapter. Any such recommendations relating to a local governing authority shall comply with the provisions of paragraph (2) of this subsection. Any proceeding or civil penalty undertaken pursuant to this Code section shall neither prevent nor preempt the right of any party to obtain civil damages for personal injury or property damage in private causes of action except as otherwise provided in this chapter. (h)(i) All civil penalties ordered by the commission and collected pursuant to this Code section shall be deposited in the general fund of the state treasury."
SECTION 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.

2896

JOURNAL OF THE HOUSE

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 N 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 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
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
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
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 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 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 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 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
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 162, nays 2.

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

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.

SB 144. By Senators Mullis of the 53rd, Whitehead, Sr. of the 24th, Schaefer of the 50th and Pearson of the 51st:

TUESDAY, MARCH 22, 2005

2897

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.
The following amendment was read and adopted:
Representative Burns of the 157th et al. move to amend SB 144 by striking lines 1 and 2 on page 1 and inserting in lieu thereof the following:
"To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change the descriptions of certain state service delivery regions; to create the Georgia".
By redesignating Section 2 as Section 3 and striking lines 9 through 11 on page 1 and inserting in lieu thereof the following:
"Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking paragraphs (7) and (12) of subsection (a) of Code Section 50-4-7, relating to state service delivery regions, and inserting in lieu thereof new paragraphs (7) and (12) to read as follows:
'(7) State Service Delivery Region 7 shall be composed of Burke, Columbia, Glascock, Hancock, Jefferson, Jenkins, Lincoln, McDuffie, Richmond, Screven, Taliaferro, Warren, Washington, and Wilkes counties;' '(12) State Service Delivery Region 12 shall be composed of Bryan, Bulloch, Camden, Chatham, Effingham, Glynn, Liberty, Long, and McIntosh, and Screven counties.'
SECTION 2. Said title is further amended by striking Code Section 50-8-150, relating to the creation of the State Advisory Committee on Rural Development, and inserting in lieu thereof a new Code Section 50-8-150 to read as follows:".
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:

2898

JOURNAL OF THE HOUSE

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
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
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
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
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
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 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 Y Rice Y Roberts Y Rogers Y Royal Y Rynders

On the passage of the Bill, as amended, the ayes were 166, nays 0.

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

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

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.

TUESDAY, MARCH 22, 2005

2899

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 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 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
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 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
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
Lucas Y Lunsford Y Maddox
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 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 171, nays 0.

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

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.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

2900

JOURNAL OF THE HOUSE

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 Senate substitute was read:
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: 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

TUESDAY, MARCH 22, 2005

2901

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 BG: 3

2902

JOURNAL OF THE HOUSE

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

TUESDAY, MARCH 22, 2005
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

2903

2904

JOURNAL OF THE HOUSE

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

TUESDAY, MARCH 22, 2005
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

2905

2906

JOURNAL OF THE HOUSE

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 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 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

TUESDAY, MARCH 22, 2005

2907

2908

JOURNAL OF THE HOUSE

Taylor County
Terrell County
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 Carroll County
Tract: 9903

TUESDAY, MARCH 22, 2005
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 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

2909

2910

JOURNAL OF THE HOUSE

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
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

TUESDAY, MARCH 22, 2005
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 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

2911

2912

JOURNAL OF THE HOUSE

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: 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

TUESDAY, MARCH 22, 2005
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 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

2913

2914

JOURNAL OF THE HOUSE

2000 2001 BG: 3 3000
Spalding County
Troup County
Upson County
District 004 DeKalb County
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

TUESDAY, MARCH 22, 2005
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 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

2915

2916

JOURNAL OF THE HOUSE

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 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

TUESDAY, MARCH 22, 2005
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 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

2917

2918

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 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 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

TUESDAY, MARCH 22, 2005
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 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

2919

2920

JOURNAL OF THE HOUSE

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 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

TUESDAY, MARCH 22, 2005
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 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

2921

2922

JOURNAL OF THE HOUSE

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 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

TUESDAY, MARCH 22, 2005
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 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

2923

2924
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

JOURNAL OF THE HOUSE

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 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

TUESDAY, MARCH 22, 2005

2925

2926

JOURNAL OF THE HOUSE

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 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

TUESDAY, MARCH 22, 2005
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 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

2927

2928

JOURNAL OF THE HOUSE

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 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

TUESDAY, MARCH 22, 2005
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 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

2929

2930

JOURNAL OF THE HOUSE

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 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

TUESDAY, MARCH 22, 2005
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 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

2931

2932

JOURNAL OF THE HOUSE

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 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

TUESDAY, MARCH 22, 2005
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 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

2933

2934

JOURNAL OF THE HOUSE

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 BG: 2 2088 2097 2098 2100 2101 2102 2103 2105 Tract: 1002 Tract: 1003

TUESDAY, MARCH 22, 2005
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
Turner County
Twiggs County

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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 009 Catoosa County
Dade County
Dawson County
Fannin County

TUESDAY, MARCH 22, 2005
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 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

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JOURNAL OF THE HOUSE

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
Lumpkin County
Murray County
Pickens County
Union County
Walker County
White County
Whitfield County
District 010 Banks County
Clarke County

TUESDAY, MARCH 22, 2005
Columbia County
Elbert County
Franklin County
Greene County
Habersham County
Hart County
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

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JOURNAL OF THE HOUSE

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 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

TUESDAY, MARCH 22, 2005
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 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

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JOURNAL OF THE HOUSE

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 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

TUESDAY, MARCH 22, 2005
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 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

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JOURNAL OF THE HOUSE

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 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

TUESDAY, MARCH 22, 2005
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 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

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JOURNAL OF THE HOUSE

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 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

TUESDAY, MARCH 22, 2005
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 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

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JOURNAL OF THE HOUSE

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 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

TUESDAY, MARCH 22, 2005
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 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

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JOURNAL OF THE HOUSE

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 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

TUESDAY, MARCH 22, 2005
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 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

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JOURNAL OF THE HOUSE

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 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

TUESDAY, MARCH 22, 2005
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 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

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JOURNAL OF THE HOUSE

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 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

TUESDAY, MARCH 22, 2005
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 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

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JOURNAL OF THE HOUSE

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 Tract: 311.05 Tract: 311.06 Tract: 311.07 Tract: 311.08 BG: 1 1010 1011 BG: 2 2008 2009 2013

TUESDAY, MARCH 22, 2005
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 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

2957

2958

JOURNAL OF THE HOUSE

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
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

TUESDAY, MARCH 22, 2005
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 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

2959

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JOURNAL OF THE HOUSE

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 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

TUESDAY, MARCH 22, 2005

2961

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 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

Representative Franklin of the 43rd moved that the House agree to the Senate substitute to HB 499.

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

N Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard N Barnes Y Bearden N Beasley-Teague N Benfield

Y Crawford N Cummings Y Davis Y Day N Dean Y Dickson E Dodson Y Dollar N Drenner

N Holmes Y Holt Y Horne Y Houston N Howard
Hudson N Hugley N Jackson Y Jacobs

Y Maxwell Y May Y McCall N McClinton Y Meadows Y Millar Y Miller Y Mills N Mitchell

N Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler N Shaw Y Sheldon Y Sims, C N Sims, F

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

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 N 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
Hill, C.A

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

On the motion, the ayes were 105, nays 70.

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 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 Y Rogers Y Royal Y Rynders

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

The motion prevailed.

Representatives Hill of the 180th 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 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 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

TUESDAY, MARCH 22, 2005

2963

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.
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 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.
The following Committee substitute was read and adopted:
A BILL
To amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to specific programs in elementary and secondary education, so as to provide that the State Board of Education shall develop a school interscholastic extracurricular athletic policy that provides for the use of a single, comprehensive, preparticipation physical examination form; to provide for use of the form by schools and school systems; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Ryan Boslet Bill."
SECTION 2. Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to specific programs in elementary and secondary education, is amended by adding a new Code Section 20-2-319 to read as follows:

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"20-2-319. (a) The State Board of Education shall develop, with input from appropriate experts and organizations, a school interscholastic extracurricular athletic policy that provides for the use of a single, comprehensive, preparticipation physical examination form. (b) As used in this Code section, the term 'participation' means participation in sports try-outs and practices and actual interscholastic extracurricular sports competition. (c) When a school or school district has a policy which requires students who participate in extracurricular sports to have a physical examination prior to participation, the person conducting the physical examination shall use the State Board of Education approved form pursuant to subsection (d) of this Code section, provided that the form may at the option of the local board include additional elements. (d) The State Board of Education shall appoint an appropriate committee to make recommendations concerning the comprehensive, preparticipation physical examination form to be used for physical examinations referred to in this Code section. The committee may consult or work with appropriate voluntary organizations and shall give due consideration to the recommendations of the American Academy of Pediatrics on this subject. The final form shall be adopted and may from time to time be modified by rule by the State Board of Education."

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 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 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 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
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 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

TUESDAY, MARCH 22, 2005

2965

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 Freeman Y Gardner Y Geisinger E Golick Y Graves, D Y Graves, T Y Greene Y Hanner E 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 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
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 168, nays 0.

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

Representatives Hudson of the 124th 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.

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.

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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JOURNAL OF THE HOUSE

Y Abdul-Salaam Y Amerson N Anderson N Ashe Y Barnard Y Barnes Y Bearden N Beasley-Teague N Benfield Y Benton Y 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 Crawford Y Cummings Y Davis Y Day
Dean Y Dickson E Dodson Y Dollar N Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming N Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Freeman N Gardner Y Geisinger E Golick Y Graves, D Y Graves, T Y Greene Y Hanner E Harbin Y Hatfield Y Heard, J N Heard, K Y Heckstall
Hembree N Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston Y Howard
Hudson N Hugley N Jackson Y Jacobs N James Y Jamieson Y Jenkins Y Jennings Y Johnson E Jones, J Y 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
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin
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
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

On the passage of the Bill, the ayes were 138, nays 26.

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
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 N Thomas, A.M N 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

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

Representatives Borders of the 175th 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.

Representative Sims of the 151st stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

The following Bill of the Senate, having previously been read, was again taken up for further consideration:

TUESDAY, MARCH 22, 2005

2967

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.
The Committee substitute was withdrawn.
The following substitute, offered by the Committee on Rules, was read and adopted:
A BILL
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 18 years of age; to provide for certain limitations on such sales; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fireworks, is amended by striking Code Section 25-10-1, relating to definition of "fireworks," and inserting in lieu thereof a new Code Section 25-10-1 to read as follows:
"25-10-1. (a) As used in this chapter, the term:
(1) 'Fireworks' means any combustible or explosive composition or any substance or combination of substances or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, including blank cartridges, balloons requiring fire underneath to propel them, firecrackers, torpedos, skyrockets, Roman candles, bombs, sparklers, and other combustibles and explosives of like construction, as well as articles containing any explosive or flammable compound and tablets and other devices containing an explosive substance. The term 'fireworks' shall not include model rockets and model rocket engines, designed, sold, and used for the purpose of propelling recoverable aero models, toy pistol paper caps in which the explosive content does not average more than 0.25 grains of explosive mixture per paper cap nor toy pistols, toy cannons, toy canes, toy guns, or other

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JOURNAL OF THE HOUSE

devices using such paper caps; nor shall the term 'fireworks' include ammunition consumed by weapons used for sporting and hunting purposes. (2) 'Proximate audience' means an audience closer to pyrotechnic devices than permitted by the National Fire Protection Association Standard 1123, Code for Fireworks Display, as adopted by the Safety Fire Commissioner. (3) 'Pyrotechnics' means fireworks. (b) As used in this chapter, the term 'fireworks' shall not include: (1) Model rockets and model rocket engines, designed, sold, and used for the purpose of propelling recoverable aero models, toy pistol paper caps in which the explosive content averages 0.25 grains or less of explosive mixture per paper cap or toy pistols, toy cannons, toy canes, toy guns, or other devices using such paper caps; nor shall the term 'fireworks' include ammunition consumed by weapons used for sporting and hunting purposes; and (2) Wire or wood sparklers of 100 grams or less of mixture per item; other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical compound per tube or a total of 200 grams or less for multiple tubes; snake and glow worms; trick noise makers which include paper streamers, party poppers, string poppers, snappers, and drop pops each consisting of 0.25 grains or less of explosive mixture."
SECTION 2. Said chapter is further amended by striking Code Section 25-10-2, relating to prohibited acts with respect to fireworks, and inserting in lieu thereof a new Code Section 25-10-2 to read as follows:
"25-10-2. (a) It shall be unlawful for any person, firm, corporation, association, or partnership to offer for sale at retail or wholesale, to use or explode or cause to be exploded, or to possess, manufacture, transport, or store any fireworks, except as otherwise provided in this chapter.
(b)(1) Notwithstanding any provision of this chapter to the contrary, it shall be unlawful for any person, firm, corporation, association, or partnership to sell to any person under 18 years of age any items defined in paragraph (2) of subsection (b) of Code Section 25-10-1. (2) It shall be unlawful to sell any items defined in paragraph (2) of subsection (b) of Code Section 25-10-1 to any person by any means other than an in-person, face-toface sale. Such person shall provide proper identification to the seller at the time of such purchase. For purposes of this paragraph, the term 'proper identification' means any document issued by a governmental agency containing a description of the person, such persons photograph, or both, and giving such persons date of birth and includes without being limited to, a passport, military identification card, drivers license, or an identification card authorized under Code Sections 40-5-100 through 40-5-104.

TUESDAY, MARCH 22, 2005

2969

(3) It shall be unlawful to use any items defined in paragraph (2) of subsection (b) of Code Section 25-10-1 indoors."

SECTION 3. Said chapter is further amended by adding a new Code Section 25-10-9 to read as follows:
"25-10-9. Notwithstanding any provision of this chapter to the contrary, any person, firm, corporation, association, or partnership who or which knowingly violates subsection (b) of Code Section 25-10-2 may be punished by a fine not to exceed $100.00. Each sales transaction in violation of subsection (b) of Code Section 25-10-2 shall be a separate offense."

SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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

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

N Abdul-Salaam Amerson
Y Anderson N Ashe Y Barnard Y Barnes Y Bearden N Beasley-Teague N Benfield N Benton Y 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

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

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

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

Y Sailor Y Scheid N 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 N Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet

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JOURNAL OF THE HOUSE

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

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

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

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

Y Thomas, A.M N Thomas, B N 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 119, nays 53.

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 insists on its amendments to the following bill of the House:

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 Senate adheres to its amendment and has appointed a Committee of Conference on the following bill of the House:

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

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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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Rogers of the 21st, Smith of the 52nd, and Thompson of the 33rd.

The Senate insists on its substitute to the following bill of the House:

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.

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

SB 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.

The following Committee substitute was read and withdrawn:

A BILL

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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 and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 9-11-23 of the Official Code of Georgia Annotated, relating to class actions, is amended by striking subsection (f), and inserting in lieu thereof the following:
"(f) The appropriate appellate court may in its discretion permit an appeal from an order of a trial court granting or denying class action certification under this Code section if application is made to it within ten days after entry of the order. An appeal does not stay proceedings in the trial court unless the trial judge or the appellate court so orders. (1) After the commencement of an action in which claims or defenses are purported to be asserted on behalf of or against a class, the court shall hold a conference among all named parties to the action for the purpose of establishing a schedule for any discovery germane to the issue of whether the requested class should or should not be certified. At this conference, the court shall set a date for a hearing on the issue of class certification. Except for good cause shown, such hearing may not be set sooner than 90 days nor later than 180 days after the date on which the court issues its scheduling order pursuant to the conference. Evidence may be presented by affidavit, provided the parties have an opportunity to cross-examine affiants as to such testimony offered by affidavit. (2) Except for good cause shown, the court shall stay all discovery directed solely to the merits of the claims or defenses in the action until the court has issued its written decision regarding certification of the class. (3) When deciding whether a requested class is to be certified, the court shall enter a written order addressing whether the factors required by this Code section for certification of a class have been met and specifying the findings of fact and conclusions of law on which the court has based its decision with regard to whether each such factor has been established. In so doing, the court may treat a factor as having been established if all parties to the action have so stipulated on the record. (4) Nothing in this Code section shall affect, or be construed to affect, any provision of Code Section 9-11-12 or Code Section 9-11-56. (g) A courts order certifying a class or refusing to certify a class shall be appealable in the same manner as a final order to the appellate court which would otherwise have jurisdiction over the appeal from a final order in the action. The appellate courts shall expedite resolution of any appeals taken under this Code section. Such appeal may only be filed within 30 days of the order certifying or refusing to certify the class. During the pendency of any such appeal, the action in the trial court shall be stayed in all respects."

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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 apply to all cases pending on that effective date in which the trial court has not yet certified the case as a class action and to all cases filed on or after that effective date.
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 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 and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 9-11-23 of the Official Code of Georgia Annotated, relating to class actions, is amended by striking subsection (f), and inserting in lieu thereof the following:
"(f) The appropriate appellate court may in its discretion permit an appeal from an order of a trial court granting or denying class action certification under this Code section if application is made to it within ten days after entry of the order. An appeal does not stay proceedings in the trial court unless the trial judge or the appellate court so orders. (1) After the commencement of an action in which claims or defenses are purported to be asserted on behalf of or against a class, the court shall hold a conference among all named parties to the action for the purpose of establishing a schedule for any discovery germane to the issue of whether the requested class should or should not be certified. At this conference, the court shall set a date for a hearing on the issue of class certification. Except for good cause shown, such hearing may not be set sooner than 90 days nor later than 180 days after the date on which the court issues its scheduling order pursuant to the conference. If evidence is presented by affidavit, the parties shall have an opportunity to cross-examine affiants as to such testimony offered by affidavit. (2) Except for good cause shown, the court shall stay all discovery directed solely to the merits of the claims or defenses in the action until the court has issued its written decision regarding certification of the class.

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(3) When deciding whether a requested class is to be certified, the court shall enter a written order addressing whether the factors required by this Code section for certification of a class have been met and specifying the findings of fact and conclusions of law on which the court has based its decision with regard to whether each such factor has been established. In so doing, the court may treat a factor as having been established if all parties to the action have so stipulated on the record. (4) Nothing in this Code section shall affect, or be construed to affect, any provision of Code Section 9-11-12 or Code Section 9-11-56. (g) A courts order certifying a class or refusing to certify a class shall be appealable in the same manner as a final order to the appellate court which would otherwise have jurisdiction over the appeal from a final order in the action. The appellate courts shall expedite resolution of any appeals taken under this Code section. Such appeal may only be filed within 30 days of the order certifying or refusing to certify the class. During the pendency of any such appeal, the action in the trial court shall be stayed in all respects."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all cases pending on that effective date in which the trial court has not yet certified the case as a class action and to all cases filed on or after that effective 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, 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 Y Barnes Y Bearden N Beasley-Teague N Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges N Brooks
Brown N Bruce

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

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

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

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 Y Smyre

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

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
Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin Y Martin

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

N Stanley-Turner Y Stephens N Stephenson Y Talton Y Teilhet N Thomas, A.M N Thomas, B Y Tumlin
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, the ayes were 116, nays 48.

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

Representative Kidd of the 115th 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.

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.

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

Y Crawford Y Cummings Y Davis Y Day N Dean

Y Holmes Y Holt Y Horne Y Houston Y Howard

Y Maxwell Y May
McCall Y McClinton Y Meadows

N Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler

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Y Barnes Y Bearden N Beasley-Teague N Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges N Brooks
Brown N Bruce Y Bryant N 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
Cooper Y Cox

Y Dickson E Dodson Y Dollar N Drenner N Dukes
Ehrhart Y England Y 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 E Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A

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

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 Y Parham Y Parrish Y Parsons Y Porter Y Powell
Ralston N 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 126, nays 36.

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

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

Representative Wix of the 33rd 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 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.

The following Committee substitute was read and adopted:

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A BILL
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, is amended by striking Code Section 40-8-90, relating to restrictions on the use of flashing or revolving blue lights, and inserting in its place the following:
"40-8-90. (a)(1) Except as provided in this paragraph and subsection (b) of this Code section, it shall be unlawful for any person, firm, or corporation to operate any motor vehicle equipped with or containing a device capable of producing flashing or revolving any blue lights, whether flashing, blinking, revolving, or stationary, except: (A) Motor motor vehicles owned or leased by any federal, state, or local law enforcement agency; (B) Motor vehicles with a permit granted by a state agency to bear such lights; or (C) Antique, hobby, and special interest vehicles, as defined in subsection (a) of Code Section 40-2-77, which may display a blue light or lights of up to one inch in diameter as part of any such vehicles rear stop lamps, rear turning indicator, rear hazard lamps, and rear reflectors. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor.
(b) The prohibition contained in subsection (a) of this Code section shall not apply to any elected sheriff who, pursuant to an agreement between the sheriff and the county governing authority, is using his or her personal motor vehicle in a law enforcement activity, provided such vehicle is marked as provided in Code Section 40-8-91. (c) It shall be unlawful for any person to use any motor vehicle equipped with flashing or revolving flashing, blinking, revolving, or stationary blue lights in the commission of a felony, and, upon conviction of a violation of this subsection, the punishment shall be a fine of not less than $1,000.00 or imprisonment of not less than one year, or both."
SECTION 2. This Act shall become effective on July 1, 2005, and shall be applied to offenses occurring on or after such date.
SECTION 3.

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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:

Y Abdul-Salaam Y Amerson N 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 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 N Coleman, T
Cooper Y Cox

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
Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger
Golick Y Graves, D Y Graves, T Y Greene Y Hanner E 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
Jenkins Y 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 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 N 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
Ralston Y 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 Y Scott, M Y Setzler N Shaw Y Sheldon Y Sims, C Y Sims, F N Sinkfield Y Smith, B
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 158, nays 8.

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

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2979

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.

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.

The following Committee substitute was read:

A BILL

To amend Chapter 12 of Title 16 and Title 31 of the Official Code of Georgia Annotated, relating to offenses against public health and morals and to health, respectively, so as to provide comprehensive changes and additions to the prohibition on smoking in this state; to amend certain provisions relating to the prohibition against smoking in public places; to enact the "Georgia Smokefree Air Act of 2005"; to provide for definitions; to prohibit smoking in certain facilities and areas; to provide for exceptions; to provide that entire establishments, facilities, or outdoor areas shall be nonsmoking; to provide for posting of signs and removal of ashtrays; to provide for an informational program; to provide for enforcement; to provide that this prohibition shall be cumulative to other general or local acts, rules, and regulations; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, is amended by striking Code Section 16-12-2, relating to prohibited smoking in public places, and inserting in lieu thereof the following:
"16-12-2.

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(a) A person who smokes smoking tobacco in violation of Chapter 12A of Title 31 any form in any of the following public places shall be guilty of a misdemeanor and, if convicted, shall be punished by a fine of not less than $100.00 nor more than $500.00.
(1) An enclosed elevator which is used by or open to the public and which is clearly designated by a no-smoking sign; (2) Any place on a public transportation vehicle which is used by the public and which is clearly designated by a no-smoking sign; (3) Any area which is used by or open to the public and which is clearly designated by a no-smoking sign; or (4) Any area which is the real property upon which is operated a day-care center, group day-care home, or family day-care home, as defined in Code Section 49-5-3, during the hours of operation of such facility. (b) A person convicted of violating subsection (a) of this Code section shall be punished by a fine of not less than $10.00 nor more than $100.00. (c)(b) This Code section shall be cumulative to and shall not prohibit the enactment of any other general and local laws, rules and regulations of state or local agencies, and local ordinances prohibiting smoking which are more restrictive than this Code section."
SECTION 2. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding after Chapter 12 a new Chapter 12A to read as follows:
"CHAPTER 12A
31-12A-1. This chapter shall be known and may be cited as the "Georgia Smokefree Air Act of 2005."
31-12A-2. As used in this chapter, the term:
(1) 'Bar' means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets. (2) 'Business' means any corporation, sole proprietorship, partnership, limited partnership, limited liability corporation, limited liability partnership, professional corporation, enterprise, franchise, association, trust, joint venture, or other entity, whether for profit or nonprofit. (3) 'Employee' means an individual who is employed by a business in consideration for direct or indirect monetary wages or profit. (4) 'Employer' means an individual or a business that employs one or more individuals.

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(5) 'Enclosed area' means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows, exclusive of doorways, which extend from the floor to the ceiling. (6) 'Health care facility' means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including, but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, homes for the chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities. This definition shall not include long-term care facilities as defined in paragraph (3) of Code Section 31-8-81. (7) 'Infiltrate' means to permeate an enclosed area by passing through its walls, ceilings, floors, windows, or ventilation systems to the extent that an individual can smell secondhand smoke. (8) 'Local governing authority' means a county or municipal corporation of the state. (9) 'Place of employment' means an enclosed area under the control of a public or private employer that employees utilize during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, and hallways. A private residence is not a place of employment unless it is used as a licensed child care, adult day-care, or health care facility. This term shall not include vehicles used in the course of employment. (10) 'Public place' means an enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, banks, bars, educational facilities, health care facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a public place unless it is used as a licensed child care, adult day-care, or health care facility. (11) 'Restaurant' means an eating establishment, including, but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term shall include a bar area within any restaurant. (12) 'Retail tobacco store' means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. (13) 'Secondhand smoke' means smoke emitted from lighted, smoldering, or burning tobacco when the person smoking is not inhaling, smoke emitted at the mouthpiece during puff drawing, and smoke exhaled by the person smoking.

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(14) 'Service line' means an indoor line in which one or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money. (15) 'Shopping mall' means an enclosed public walkway or hall area that serves to connect retail or professional establishments. (16) 'Smoking' means inhaling, exhaling, burning, or carrying any lighted tobacco product including cigarettes, cigars, and pipe tobacco. (17) 'Smoking area' means a separately designated enclosed room which need not be entered by an employee in order to conduct business that is designated as a smoking area and, when so designated as a smoking area, shall not be construed as to deprive employees of a nonsmoking lounge, waiting area, or break room. (18) 'Sports arena' means stadiums and enclosed sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events.
31-12A-3. Smoking shall be prohibited in all enclosed facilities of, including buildings owned, leased, or operated by, the State of Georgia, its agencies and authorities, and any political subdivision of the state, municipal corporation, or local board or authority created by general, local, or special Act of the General Assembly or by ordinance or resolution of the governing body of a county or municipal corporation individually or jointly with other political subdivisions or municipalities of the state.
31-12A-4. Except as otherwise specifically authorized in Code Section 31-12A-6, smoking shall be prohibited in all enclosed public places in this state.
31-12A-5. (a) Except as otherwise specifically provided in Code Section 31-12A-6, smoking shall be prohibited in all enclosed areas within places of employment, including, but not limited to, common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, and all other enclosed facilities. (b) Such prohibition on smoking shall be communicated to all current employees by July 1, 2005, and to each prospective employee upon their application for employment.
31-12A-6. (a) Notwithstanding any other provision of this chapter, the following areas shall be exempt from the provisions of Code Sections 31-12A-4 and 31-12A-5:
(1) Private residences, except when used as a licensed child care, adult day-care, or health care facility;

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(2) Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, however, that not more than 20 percent of rooms rented to guests in a hotel or motel may be so designated; (3) Retail tobacco stores, provided that secondhand smoke from such stores does not infiltrate into areas where smoking is prohibited under the provisions of this article; (4) Long-term care facilities as defined in paragraph (3) of Code Section 31-8-81; (5) Outdoor areas of places of employment; (6) Smoking areas in international airports, as designated by the airport operator; (7) All workplaces of any manufacturer, importer, or wholesaler of tobacco products, of any tobacco leaf dealer or processor, all tobacco storage facilities, and any other entity set forth in Code Section 10-13A-2; (8) Private and semiprivate rooms in health care facilities licensed under Title 31 that are occupied by one or more persons, all of whom have written authorization by their treating physician to smoke; (9) Bars and restaurants to which access is denied to any person under the age of 18 and that does not employ any individual under the age of 18; (10) Convention facility meeting rooms and public and private assembly rooms contained within a convention facility not wholly or partially owned, leased, or operated by the State of Georgia, its agencies and authorities, or any political subdivision of the state, municipal corporation, or local board or authority created by general, local, or special Act of the General Assembly while these places are being used for private functions and where individuals under the age of 18 are prohibited from attending or working as an employee during the function; (11) Smoking areas designated by an employer which shall meet the following requirements:
(A) The smoking area shall be located in a nonwork area where no employee, as part of his or her work responsibilities, shall be required to enter, except such work responsibilities shall not include custodial or maintenance work carried out in the smoking area when it is unoccupied; (B) Air handling systems from the smoking area shall be independent from the main air handling system that serves all other areas of the building and all air within the smoking area shall be exhausted directly to the outside by an exhaust fan of sufficient size and capacity for the smoking area and no air from the smoking area shall be recirculated through or infiltrate other parts of the building; and (C) The smoking area shall be for the use of employees only. The exemption provided for in this paragraph shall not apply to restaurants and bars; and (12) Private places of employment that have fewer than five employees, except that smoking shall be prohibited in any public reception area of such place of employment. This exemption shall not apply to restaurants and bars not otherwise exempted under paragraph (9) of this Code section. (b) In order to qualify for exempt status under subsection (a) of this Code section, any area described in subsection (a) of this Code section, except for areas described in

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paragraph (1) of subsection (a) of this Code section, shall post conspicuously at every entrance a sign indicating that smoking is permitted.
31-12A-7. Notwithstanding any other provision of this chapter, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of subsection (a) of Code Section 31-12A-8 is posted.
31-12A-8. (a) 'No Smoking' signs or the international 'No Smoking' symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it may be clearly and conspicuously posted by the owner, operator, manager, or other person in control in every public place and place of employment where smoking is prohibited by this article. (b) All ashtrays shall be removed from any area where smoking is prohibited by this chapter by the owner, operator, manager, or other person in control of the area, unless such ashtray is permanently affixed to an existing structure.
31-12A-9. The Department of Human Resources and the agency designated by each local governing authority in this state may engage in a continuing program to explain and clarify the purposes and requirements of this chapter to citizens affected by it and to guide owners, operators, and managers in their compliance with it. The program may include publication of a brochure for affected businesses and individuals explaining the provisions of this chapter.
31-12A-10. The Department of Human Resources and the county boards of health and their duly authorized agents are authorized and empowered to enforce compliance with this chapter and the rules and regulations adopted and promulgated under this chapter and, in connection therewith, to enter upon and inspect the premises of any establishment or business at any reasonable time and in a reasonable manner, as provided in Article 2 of Chapter 5 of this title.
31-12A-11. The county boards of health may annually request other governmental and educational agencies having facilities within the area of the local government to establish local operating procedures in cooperation and compliance with this chapter.
31-12A-12.

TUESDAY, MARCH 22, 2005

2985

This chapter shall be cumulative to and shall not prohibit the enactment of any other general or local laws, rules, and regulations of state or local governing authorities or local ordinances prohibiting smoking which are more restrictive than this chapter or are not in direct conflict with this chapter.

31-12A-13. (a) This chapter shall not be construed to permit smoking where it is otherwise restricted by other applicable laws. (b) Nothing in this chapter shall be construed as to repeal the provisions of Code Section 16-12-2. (c) This chapter shall be liberally construed so as to further its purposes."

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Lindsey of the 54th moves to amend the Committee substitute to SB 90 as follows:

Add page 6, line 5 the following:

(13) Private clubs, military officer clubs and non commissioned officer clubs.

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 N Barnard Y Barnes Y Bearden N Beasley-Teague N Benfield Y Benton Y Black N Bordeaux N Borders Y Bridges N Brooks Y Brown N Bruce Y Bryant N Buckner, D
Buckner, G Y Burkhalter

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

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

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

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

2986

JOURNAL OF THE HOUSE

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

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

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

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

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

N Teilhet 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

The amendment was adopted.

Representative Mitchell of the 88th 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 Loudermilk of the 14th moves to amend the Committee substitute to SB 90 by striking lines 9 and 10 of page 1 and inserting in their place the following:

"enforcement; to prohibit certain acts, rules, regulations, or ordinances; to provide for statutory construction; to provide for related".

By striking lines 13 through 16 of page 7 and inserting in their place the follows:

"This chapter shall prohibit the future enactment of any state or local rules and regulations, local Acts, or local ordinances prohibiting smoking which are in direct conflict with this chapter."

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

N Abdul-Salaam N Amerson
Anderson N Ashe N Barnard N Barnes N Bearden N Beasley-Teague

N Crawford N Cummings N Davis N Day N Dean N Dickson E Dodson N Dollar

N Holmes N Holt N Horne N Houston N Howard N Hudson N Hugley N Jackson

N Maxwell N May N McCall
McClinton N Meadows N Millar N Miller N Mills

N Sailor N Scheid N Scott, A
Scott, M N Setzler N Shaw N Sheldon N Sims, C

TUESDAY, MARCH 22, 2005

2987

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

Drenner N Dukes N Ehrhart N England N Epps N Fleming N Floyd, H N Floyd, J
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 N Heard, K N Heckstall N Hembree N Henson N Hill, C N Hill, C.A

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

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

On the adoption of the amendment, the ayes were 7, nays 160.

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

The amendment was lost.

Representative Mitchell of the 88th 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 Lindsey of the 54th moves to amend the Committee substitute to SB 90 by striking lines 15 and 16 of page 5 and inserting in lieu thereof:

"(9) Bars and restaurants, as follows: (A) All bars and restaurants to which access is denied to any person under the age of 18 and that do not employ any individual under the age of 18; or (B) Private rooms in restaurants and bars if such rooms are enclosed and have an air handling system independent from the main air handling system that serves all other areas of the building and all air within the private room is exhausted directly to the outside by an exhaust fan of sufficient size;"

2988

JOURNAL OF THE HOUSE

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

Y Crawford N Cummings N Davis N Day N Dean Y Dickson E Dodson N Dollar
Drenner Y Dukes N Ehrhart Y England Y Epps Y Fleming N 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 N Heard, J N Heard, K N 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 N Jamieson Y Jenkins N Jennings N Johnson Y Jones, J N Jones, S Y Jordan Y Keen N Keown N Kidd Y Knight Y Knox Y Lakly Y Lane, B N Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham N Manning N Marin Y Martin

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

N Sailor Y Scheid N Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon N Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L N Smith, P N Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner N Stephens N Stephenson Y Talton N Teilhet Y Thomas, A.M N Thomas, B Y Tumlin Y Walker N 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 111, nays 60.

The amendment was adopted.

Representative Mitchell of the 88th 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:

Representatives May of the 111th, Hatfield of the 177th and Powell of the 29th move to amend the Committee substitute to SB 90 by striking lines 15 and 16 of page 5 and inserting in their place:

TUESDAY, MARCH 22, 2005

2989

"(9) Bars and restaurants;"

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

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

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

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

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

On the adoption of the amendment, the ayes were 30, nays 137.

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

The amendment was lost.

Representative Mitchell of the 88th 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:

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JOURNAL OF THE HOUSE

Representative Reece of the 27th moves to amend the Committee substitute to SB 90 as follows:

Page 4 Line 7 following the word "means" add the word "enclosed".

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

Y Abdul-Salaam Y Amerson
Anderson Y Ashe Y Barnard Y Barnes N Bearden N Beasley-Teague Y Benfield N 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 N Burns N Butler N Byrd Y Carter E Casas Y Chambers N Channell Y Cheokas N Coan N Cole Y Coleman, B Y Coleman, T
Cooper N Cox

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson E Dodson
Dollar Drenner Y Dukes Y Ehrhart N England Y Epps Y Fleming N Floyd, H Y Floyd, J Fludd Y Forster N Franklin N 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 N Houston N Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James N 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 N Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

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

On the adoption of the amendment, the ayes were 134, nays 32.

Y Sailor Y Scheid N Scott, A Y Scott, M N 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 Y Stephenson Y Talton N Teilhet Y Thomas, A.M N 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

The amendment was adopted.

Representative Mitchell of the 88th 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.

TUESDAY, MARCH 22, 2005

2991

The following amendment was read:

Representatives Williams of the 165th, Carter of the 159th and Lane of the 167th move to amend the Committee substitute to SB 90 by striking lines 15 and 16 of page 5.

By striking "(10)" and inserting in its place "(9)" on line 17 of page 5.

By striking "(11)" and inserting in its place "(10)" on line 24 of page 5.

By striking "(12)" and inserting in its place "(11)" on line 1 of page 6.

By striking lines 3 and 4 of page 6 and inserting in its place the following:

"This exemption shall not apply to restaurants and bars."

On the adoption of the amendment, 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 N Benfield N Benton N Black N Bordeaux N Borders Y Bridges Y Brooks N Brown Y Bruce Y Bryant Y Buckner, D N Buckner, G N Burkhalter N Burmeister Y Burns N Butler N Byrd Y Carter E Casas N Chambers N Channell N Cheokas N Coan Y Cole

N Crawford N Cummings Y Davis N Day
Dean N Dickson E Dodson Y Dollar
Drenner Y Dukes N Ehrhart N England N Epps N Fleming N Floyd, H N Floyd, J
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 N Heard, K N Heckstall

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

N Maxwell N May N McCall Y McClinton N Meadows N Millar N Miller N Mills
Mitchell 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 Y Parsons N Porter N Powell Y Ralston Randall N Ray N Reece, B N Reece, S N Reese N Rice

Y Sailor N Scheid N Scott, A N Scott, M N Setzler Y Shaw N Sheldon N Sims, C N Sims, F N 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 N Thomas, B N Tumlin N Walker N Warren Y Watson N Wilkinson N Willard Y Williams, A Y Williams, E

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JOURNAL OF THE HOUSE

N Coleman, B Y Coleman, T N Cooper N Cox

N Hembree N Henson N Hill, C N Hill, C.A

N Mangham N Manning Y Marin N Martin

N Roberts N Rogers N Royal N Rynders

On the adoption of the amendment, the ayes were 50, nays 119.

N Williams, R N Wix N Yates
Richardson, Speaker

The amendment was lost.

Representative Mitchell of the 88th 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 Horne of the 71st moves to amend the Committee substitute to SB 90 as follows:

On page 6, line 1 strike "five" and replace with "26".

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 N Barnes Y Bearden N Beasley-Teague N Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges N Brooks N Brown N Bruce N Bryant N Buckner, D N Buckner, G Y Burkhalter N Burmeister N Burns Y Butler Y Byrd N Carter E Casas Y Chambers

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

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

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

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

TUESDAY, MARCH 22, 2005

2993

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

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

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

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

On the adoption of the amendment, the ayes were 76, nays 92.

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

The amendment was lost.

Representative Mitchell of the 88th 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 and adopted:

Representative Loudermilk of the 14th moves to amend the Committee substitute to SB 90 by striking "five" and inserting in its place "ten" on line 1 of page 6.

The following amendment was read and withdrawn:

Representative Maddox of the 172nd moves to amend the Committee substitute to SB 90 by striking line 1 of page 6 and inserting in lieu thereof the following:

"(12) Private places of employment that have fewer than five employees, not including the owner and his or her immediate family members and their spouses, except that".

The following amendment was read:

Representatives Houston of the 170th, May of the 14th and Powell of the 29th move to amend the Committee substitute to SB 90 by striking "that have fewer than five employees" on line 1 of page 6.

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

N Abdul-Salaam N Amerson
Anderson N Ashe N Barnard N Barnes Y Bearden

Y Crawford N Cummings N Davis N Day N Dean N Dickson E Dodson

N Holmes N Holt Y Horne Y Houston N Howard Y Hudson N Hugley

N Maxwell Y May Y McCall Y McClinton Y Meadows
Millar N Miller

N Sailor N Scheid N Scott, A Y Scott, M Y Setzler Y Shaw
Sheldon

2994

JOURNAL OF THE HOUSE

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

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

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

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

On the adoption of the amendment, the ayes were 57, nays 109.

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

The amendment was lost.

Representative Mitchell of the 88th 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 McCall of the 30th moves to amend the Committee substitute to SB 90 by striking lines 1 through 4 of page 6 and inserting in lieu thereof the following:

"(12) Common work areas, conference and meeting rooms, and private offices in private places of employment, other than medical facilities, that are open to the general public by appointment only; except that smoking shall be prohibited in any public reception area of such place of employment.".

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

TUESDAY, MARCH 22, 2005

2995

N Abdul-Salaam Y Amerson
Anderson N Ashe N Barnard N Barnes Y Bearden N Beasley-Teague N Benfield Y Benton Y 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 N Carter E Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T N Cooper Y Cox

Y Crawford Y Cummings N Davis Y Day N Dean N Dickson E Dodson Y Dollar
Drenner N Dukes N Ehrhart Y England N Epps N Fleming N Floyd, H Y Floyd, J
Fludd N 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
Henson Y Hill, C N Hill, C.A

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

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

On the adoption of the amendment, the ayes were 84, nays 86.

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

The amendment was lost.

Representative Mitchell of the 88th 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 McCall of the 30th moved that the House reconsider its action in failing to adopt the McCall amendment.

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

N Abdul-Salaam Y Amerson

Y Crawford Cummings

N Holmes N Holt

Y Maxwell Y May

Y Sailor Y Scheid

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JOURNAL OF THE HOUSE

Anderson N Ashe Y Barnard Y Barnes Y Bearden N Beasley-Teague N Benfield Y Benton Y 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 N Carter E Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T Y Cooper Y Cox

N Davis Y Day N Dean Y Dickson E Dodson Y Dollar
Drenner N Dukes Y Ehrhart Y England Y Epps Y Fleming N Floyd, H Y Floyd, J
Fludd N 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 N Heard, J N Heard, K N Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Horne Y Houston N Howard Y Hudson N Hugley N Jackson N Jacobs
James N Jamieson Y Jenkins Y Jennings N 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 N Lord Y Loudermilk Y Lucas
Lunsford Y Maddox N Mangham N Manning N Marin Y Martin

On the motion, the ayes were 115, nays 52.

Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills
Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q N Neal N Oliver Y O'Neal N Orrock E Parham Y Parrish N 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 Y Shaw Y Sheldon N Sims, C N Sims, F Y Sinkfield Y Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T Y Smith, V N Smyre Y 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 Y Williams, E Y Williams, R N Wix Y Yates
Richardson, Speaker

The motion prevailed.

On the adoption of the McCall 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 N Beasley-Teague N Benfield Y Benton Y Black

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

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

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

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

TUESDAY, MARCH 22, 2005

2997

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

Y England Y Epps Y Fleming N Floyd, H Y Floyd, J
Fludd N 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 N Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A

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

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

On the adoption of the amendment, the ayes were 90, nays 80.

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

The amendment was adopted.

Representative Mitchell of the 88th 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 and withdrawn:

Representatives May of the 111th, Hatfield of the 177th and Powell of the 29th move to amend the Committee substitute to SB 90 by striking lines 1 through 4 on page 6 and inserting in lieu thereof the following:

"(12) Private places of employment."

The following amendment was read:

Representative May of the 111th et al. move to amend the Committee substitute to SB 90 by inserting between "facility" and "not" on line 18 of page 5 the following:

"together with hotel and motel facility rooms and the meeting rooms of fraternal, religious, or veterans' organizations".

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

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

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

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

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

On the adoption of the amendment, the ayes were 74, nays 93.

The amendment was lost.

Representative Mitchell of the 88th 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 Davis of the 109th moves to amend the Committee substitute to SB 90 by striking line 30 of page 4 through line 8 of page 6 and inserting in their place the following:

TUESDAY, MARCH 22, 2005

2999

"Notwithstanding any other provision of this chapter, the following areas shall be exempt from the provisions of Code Sections 31-12A-4 and 31-12A-5:
(1) Private residences, except when used as a licensed child care, adult day-care, or health care facility; and (2) Smoking areas designated by an employer which shall meet the following requirements:
(A) The smoking area shall be located in a nonwork area where no employee, as part of his or her work responsibilities, shall be required to enter, except such work responsibilities shall not include custodial or maintenance work carried out in the smoking area when it is unoccupied; (B) Air handling systems from the smoking area shall be independent from the main air handling system that serves all other areas of the building and all air within the smoking area shall be exhausted directly to the outside by an exhaust fan of sufficient size and capacity for the smoking area and no air from the smoking area shall be recirculated through or infiltrate other parts of the building; and (C) The smoking area shall be for the use of employees only. The exemption provided for in this paragraph shall not apply to restaurants and bars."

By striking lines 21 and 22 of page 7 and inserting in their place the following:

"16-12-2.'"

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

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

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

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

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

N Sailor N Scheid N Scott, A N Scott, M N Setzler N Shaw N Sheldon N Sims, C N Sims, F
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 N Stephenson N Talton N Teilhet N Thomas, A.M

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

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

N Lane, B Y Lane, R N Lewis N Lindsey N Lord N Loudermilk Y Lucas N Lunsford N Maddox N Mangham N Manning N Marin N Martin

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

On the adoption of the amendment, the ayes were 11, nays 156.

N Thomas, B N Tumlin N Walker N Warren N Watson N Wilkinson N Willard N Williams, A N Williams, E N Williams, R N Wix N Yates
Richardson, Speaker

The amendment was lost.

Representative Mitchell of the 88th 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 and withdrawn:

Representative Byrd of the 20th moves to amend the Committee substitute to SB 90 by striking "to provide for exceptions;" from line 6 of page 1.

By striking line 19 of page 4 and inserting in its place "Smoking shall be".

By striking line 22 of page 4 and inserting in its place "(a) Smoking shall be".

By striking line 29 of page 4 through line 8 of page 6.

By striking "31-12A-7" on line 9 of page 6 and inserting in its place "31-12A-6".

By striking "31-12A-8" on lines 14 and 15 of page 6 and inserting in its place "31-12A7".

By striking "31-12A-9" on line 24 of page 6 and inserting in its place "31-12A-8".

By striking "31-12A-10" on line 1 of page 7 and inserting in its place "31-12A-9".

By striking "31-12A-11" on line 8 of page 7 and inserting in its place "31-12A-10".

By striking "31-12A-12" on line 12 of page 7 and inserting in its place "31-12A-11".

TUESDAY, MARCH 22, 2005

3001

By striking "31-12A-13" on line 17 of page 7 and inserting in its place "31-12A-12".

The following amendment was read and adopted:

Representative Reece of the 27th moves to amend the Committee substitute to SB 90 by inserting after "matters;" on line 11 of page 1 the following:

"to provide for effective dates;".

By inserting between lines 22 and 23 of page 7 the following:

"SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval only for purposes of promulgating rules and regulations; for all other purposes, this Act shall become effective on July 1, 2005."

By redesignating Section 3 as Section 4.

Representative Lucas of the 139th moved that SB 90 be placed upon the table.

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

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

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

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

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

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

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JOURNAL OF THE HOUSE

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

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

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

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

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

On the motion, the ayes were 25, nays 143.

The motion failed.

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

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

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

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

Y Sailor Y Scheid Y Scott, A N Scott, M N Setzler Y Shaw N Sheldon Y Sims, C Y Sims, F N 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 Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin N Walker Y Warren N Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R N Wix Y Yates
Richardson, Speaker

TUESDAY, MARCH 22, 2005

3003

On the adoption of the Committee substitute, as amended, the ayes were 108, nays 61.

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

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

Y Holmes Y Holt N Horne N Houston Y Howard N Hudson Y Hugley Y Jackson Y Jacobs Y James N 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 N Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord N Loudermilk N Lucas N Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

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

Y Sailor Y Scheid Y Scott, A N Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F N 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 Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin N Walker Y Warren Y Watson Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, R Y Wix N 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.

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JOURNAL OF THE HOUSE

Representative Williams of the 89th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Mitchell of the 88th 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, March 22, 2005

Today, I have voted against SB 90, the Georgia Smoke Free Air Act, for the following reasons:

First, this bill infringes on the rights of private property and business owners. Second, local governments may already impose restrictions on smoking. This bill restricts local control.

Barbara Massey Reece District 11

Representative Jamieson of the 28th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the Senate:

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.

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

Y Abdul-Salaam N Amerson
Anderson Y Ashe N Barnard Y Barnes N Bearden Y Beasley-Teague N Benfield N Benton Y Black Y Bordeaux
Borders N Bridges

Y Crawford N Cummings N Davis N Day Y Dean N Dickson E Dodson Y Dollar
Drenner N Dukes
Ehrhart N England
Epps N Fleming

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

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

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

TUESDAY, MARCH 22, 2005

3005

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

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

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

On the motion, the ayes were 63, nays 89.

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

N Smith, T N Smith, V N Smyre Y Stanley-Turner Y Stephens
Stephenson Y Talton Y Teilhet
Thomas, A.M Y Thomas, B Y 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

The motion was lost.

By unanimous consent, further consideration of SB 103 was postponed until the next legislative day.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 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.

Representative Roberts of the 154th moved that the House insist on its position in disagreeing to the Senate amendments to HB 282 and that a Committee of Conference be

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JOURNAL OF THE HOUSE

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 Roberts of the 154th, Golick of the 34th and O'Neal of the 146th.
Representative Hatfield of the 177th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to SB 90.
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 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.
Representative Willard of the 49th moved that the House insist on its position in disagreeing to the Senate substitute to HB 36 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:

TUESDAY, MARCH 22, 2005

3007

Representatives Willard of the 49th, Jones of the 46th and Wilkinson of the 52nd.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its amendments and has appointed a Committee of Conference on the following bill of the House:
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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Cagle of the 49th, Wiles of the 37th, and Harp of the 29th.
Representative Keen of the 179th moved that the House do now adjourn until 10:00 A.M., Thursday, March 24, 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 24, 2005.

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JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia

Thursday, March 24, 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 Bearden Benton Bordeaux Borders Bridges Brooks Bruce Bryant Buckner, D Buckner, G Burkhalter Burmeister Burns Butler Byrd Chambers Cheokas Coan Cole Coleman, B Cummings Davis

E Dean Dickson Dodson Dukes Ehrhart England Forster Franklin Freeman Gardner Geisinger Graves, T Greene Harbin Hatfield Heard, J Heard, K
E Hembree E Henson
Hill, C Hill, C.A Holt Horne Houston Hugley Jackson

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

E McClinton Meadows Miller Mills Mitchell Morris Mosby Mosley Mumford Murphy, J Neal Oliver O'Neal Parrish Parsons Porter Powell Randall Ray Reece, B Reece, S Reese Rice Roberts Rogers Royal

Rynders Scheid Scott, M Setzler Shaw Sims, F Smith, B Smith, L Smith, P Smith, R Smith, T Smith, V Stephens Talton Teilhet Thomas, B Tumlin Walker 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, Barnes of the 78th, Beasley-Teague of the 65th, Benfield of the 85th, Black of the 174th, Brown of the 69th, Carter of the 159th, Casas of the 103rd, Channell of the 116th, Coleman of the 144th, Cox of the 102nd, Crawford of the 127th, Dollar of the 45th, Drenner of the 86th, Epps of the 128th, Floyd of the 99th, Floyd of the 147th, Fludd of the 66th, Golick of the 34th, Graves of the 137th, Hanner of the 148th, Heckstall of the 62nd, Holmes of the 61st, Howard of the 121st, Jordan of the 77th, Keen of the 179th, Lucas of the 139th, Morgan of the 39th, Murphy of the 120th, Orrock of the 58th, Parham of the 141st, Ralston of the 7th, Sailor of the 93rd, Scott of the 153rd, Sheldon of the 105th, Sinkfield of the 60th, Smyre of the

THURSDAY, MARCH 24, 2005

3009

132nd, Stanley-Turner of the 53rd, Stephenson of the 92nd, Thomas of the 55th, and Wix of the 33rd.
They wish to be recorded as present.
Prayer was offered by Dr. David Campbell, Cornerstone United Methodist Church, Newnan, 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 877. By Representatives Forster of the 3rd and Dickson of the 6th:
A BILL to be entitled an Act to amend an Act creating a board of utilities commissioners for Catoosa County, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4416), so as to change certain provisions relating to terms of 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 878. By Representative Epps of the 128th:
A BILL to be entitled an Act to amend Code Section 50-19-7 of the Official Code of Georgia Annotated, relating to mileage and actual travel expenses for state officials and employees, so as to change the mileage allowance for use of a personal vehicle by state officers, officials, and employees; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 879. By Representatives Oliver of the 83rd, Hugley of the 133rd and Stephenson of the 92nd:
A BILL to be entitled an Act to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to place conditions and limitations on spot deliveries; to define the term "spot delivery"; to provide for remedies under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 880. By Representative Cox of the 102nd:
A BILL to be entitled an Act to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to define relevant terms; to provide for possessory liens on vehicles and their contents; to provide for towing and storage of vehicles; to provide for notice of abandonment; to provide notice of redemption; to provide for duties of law enforcement officers; to enumerate appropriate towing and storage fees; to provide for the sale of abandoned vehicles; to provide for lien foreclosure; to provide for hearings in magistrate court; to provide for derelict motor vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 881. By Representatives Chambers of the 81st, Burmeister of the 119th, Drenner of the 86th and Henson of the 87th:
A BILL to be entitled an Act to amend Code Section 43-29-7 of the Official

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Code of Georgia Annotated, relating to license requirements for dispensing opticians, qualifications of applicants, subjects to be tested on examination, and issuance and display of license, so as to specify certain requirements for practical training and experience for an applicant to obtain licensure through an apprenticeship program; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 883. By Representatives Butler of the 18th and Borders of the 175th:
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 expand the exception to the misdemeanor of tattooing near the eye when performed by an osteopath or a person under the general supervision of a licensed physician or osteopath who is within a certain location at the time of the procedure; 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 884. By Representatives Butler of the 18th, Barnard of the 166th, Greene of the 149th and Stephens of the 164th:
A BILL to be entitled an Act to amend Chapter 8 of Title 42 of the O.C.G.A., relating to probation, so as to provide for probation services for persons convicted of misdemeanors provided by local governments or private corporations, enterprises, and entities; to provide standards for agreements regarding probation services provided by counties, municipalities, or consolidated governments; to provide standards for probation officers employed by counties, municipalities, or consolidated governments; to provide for definitions; to provide for rules and regulations; to change provisions relating to criminal record checks of probation officers; to provide for exceptions; to provide for reports; to prohibit certain activities by probation officers, probation employees, and other employees of counties, municipalities, and consolidated governments; to provide for confidentiality of certain records; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 886. By Representatives Murphy of the 23rd, Coan of the 101st, Hill of the 21st, Wilkinson of the 52nd, O'Neal of the 146th and others:

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A BILL to be entitled an Act to amend Code Section 42-1-12 of the O.C.G.A., relating to the State Sexual Offender Registry, so as to provide for definitions; to authorize the establishment and operation of a program for the continuous satellite based monitoring of certain serious sexual offenders; to provide for rules, regulations, guidelines, and fees; to require the participation of certain offenders in such program and to provide for sentencing, probation, and parole conditions; to provide for contracts; to provide for minimum requirements for the system and its technology; to prohibit tampering with, removal, or vandalism of certain devices or aiding, abetting, or assisting in such proscribed conduct; to provide for penalties; to provide for applicability; to provide for the dissemination and use of information; to provide for other matters relating to the foregoing; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HR 676. By Representatives Rogers of the 26th, Smith of the 129th, Graves of the 12th and Loudermilk of the 14th:
A RESOLUTION urging the Department of Transportation to proceed with the initiation in 2005 of a pilot performance based asset maintenance project for highway maintenance; and for other purposes.
Referred to the Committee on Transportation.
HR 677. By Representatives Knight of the 126th, Lunsford of the 110th, Davis of the 109th and Yates of the 73rd:
A RESOLUTION requesting the continuation of a study with respect to the potential location of a regional airport in Butts County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 722. By Representatives Keen of the 179th, Richardson of the 19th, Burkhalter of the 50th and Lane of the 167th:
A RESOLUTION encouraging Governor Sonny Perdue to appoint a Blue Ribbon Committee to review all aspects of initiatives at Jekyll Island relating to resource stewardship, tourism infrastructure, economic development, land management, and future needs and concerns of the island; 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 775. By Representatives Martin of the 47th and Roberts of the 154th:

A RESOLUTION creating the House Study Committee on Teleworking; 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 864 HB 865 HB 868 HB 871 HB 873 HB 874 HB 875 HB 876 HB 882 HB 885 HR 675 HR 678 HR 679 SB 219 SB 233 SB 321

SB 322 SB 323 SB 328 SB 337 SB 338 SB 339 SB 340 SB 341 SB 342 SB 343 SB 351 SB 352 SB 354 SB 357 SB 358 SB 359

Representative Fleming of the 117th, Chairman of the Committee on Civil Justice Reform, submitted the following report:

Mr. Speaker:

Your 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 238 Do Pass, by Substitute

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Respectfully submitted, /s/ Fleming of the 117th
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 and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 1 Do Pass, by Substitute SR 21 Do Pass, by Substitute
Respectfully submitted, /s/ Coleman of the 97th
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 Bill and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 633 Do Pass SB 199 Do Pass, by Substitute
Respectfully submitted, /s/ Scott of the 153rd
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 Senate and has instructed me to report the same back to the House with the following recommendations:

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SB 13 Do Pass, by Substitute SB 216 Do Pass

SB 258 Do Pass, by Substitute SB 264 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:

Mr. Speaker:

Your Committee on Motor Vehicles 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 226 Do Pass, by Substitute

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 Senate and has instructed me to report the same back to the House with the following recommendation:

SB 91 Do Pass, by Substitute

Respectfully submitted, /s/ Lewis of the 15th
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 Resolutions of

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the House and has instructed me to report the same back to the House with the following recommendations:

HR 641 Do Pass HR 642 Do Pass

HR 679 Do Pass

Respectfully submitted, /s/ Ehrhart of the 36th
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 342 Do Pass HR 643 Do Pass

HR 644 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 Senate and has instructed me to report the same back to the House with the following recommendations:

HB 846 HB 852 HB 853 HB 854 HB 855 HB 856 HB 857 HB 858 HB 859 HB 860 HB 861

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

HB 862 HB 863 HB 866 HB 867 HB 870 HB 872 SB 137 SB 300 SB 333 SB 350

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass, by Substitute Do Pass, by Substitute 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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HOUSE RULES CALENDAR THURSDAY, MARCH 24, 2005

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 37th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule SB 4 SB 6 SB 46
SB 56 SB 62
SB 93 SB 94 SB 174
SB 203 SB 270 SB 277
SB 284
SR 294

Public Funds; balancing of federal/state funds; change provisions Criminal Background Checks; authorize national exchange of information Mobile telephone service; publishing numbers; written consent of subscriber Tuberculosis Hospitalization; definition; confinement provision; revise Georgia Slam Spam E-mail Act; deceptive commercial e-mail; criminal penalties Motor Vehicles; use of material covering license plates; prohibit Child Custody Intrastate Jurisdiction Act; change certain provisions "Ga. Consumer Choice Benefits Health Insurance Plan Act"; add to health plans Public Defenders; indigent defense services; attorney's fees/cost recovered Ga. Highway Authority; additional powers; public-private initiatives Georgia Hazardous Site Reuse/Redevelopment Act; change provisions of definitions Employees Health Benefits; create trust fund; community health; powers/duties Cervical Cancer Elimination Task Force; create

Modified Open Rule None

Modified Structured Rule

SB 35

Education; expenditure controls; charter schools; revisions of provisions

SB 190

Environmental Advisory; judicial review of contested cases; filing of

petition

Structured Rule

SB 168

License Plates; (NASCAR) logo; support Governor's Highway Safety

Program

SB 227

Ga. State Financing/Investment Commission; definitions; bonds;

procedures

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SB 291

Ad Valorem Taxation; tangible personal property located on airport; change 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 846. By Representatives Benfield of the 85th, Watson of the 91st, Mitchell of the 88th, Stephenson of the 92nd, Mosby of the 90th and others:

A BILL to be entitled an Act to provide a homestead exemption from DeKalb County ad valorem taxes for county purposes for the full value of the homestead for residents of that county who are disabled or are 62 years of age or over and whose household gross income does not exceed $25,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for the specific repeal of a certain prior homestead exemption; 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 852. By Representatives Crawford of the 127th and Cole of the 125th:

A BILL to be entitled an Act to amend an Act providing a new charter for the City of Barnesville, approved March 11, 1987 (Ga. L. 1987, p. 3865), as amended, particularly by an Act approved April 5, 1993 (Ga. L. 1993, p. 4957), so as to provide new districts for councilmembers; to provide for definitions and inclusions; to provide for continuation in office of current members of the council; to change provisions relating to wards; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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

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HB 853. By Representatives Harbin of the 118th, Fleming of the 117th and Burmeister of the 119th:
A BILL to be entitled an Act to authorize the governing authority of Columbia County 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 854. By Representatives Harbin of the 118th, Fleming of the 117th and Burmeister of the 119th:
A BILL to be entitled an Act to amend an Act to provide that certain officials of Columbia County who have served at least 15 years in office may, upon leaving office, continue to participate in the county health insurance program by paying the total cost of such participation, approved May 17, 2004 (Ga. L. 2004, p. 4472), so as to clarify that such Act applies to health insurance coverage for the officials as well as their spouses and dependents; to provide for related matters; to provide for intent; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 855. By Representatives Harbin of the 118th, Fleming of the 117th and Burmeister of the 119th:
A BILL to be entitled an Act to amend an Act to create a board of elections for Columbia County and provide for its powers and duties, approved March 23, 1993 (Ga. L. 1993, p. 4180), so as to revise certain term limitations on members of the board; 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 857. By Representative Cole of the 125th:

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A BILL to be entitled an Act to repeal an Act entitled "Jasper County Economic Development Authority Act" approved April 4, 1991 (Ga.L. 1991, p. 4524); 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 858. By Representatives Scott of the 2nd and Neal of the 1st:
A BILL to be entitled an Act to amend an Act to create a board of elections and registration for Walker County and provide for its powers and duties, approved April 4, 1997 (Ga. L. 1997, p. 3657), so as to revise the manner of appointing members of the board; to revise the manner of filling vacancies; to revise the qualifications of members of the board; to provide for related matters; to provide for the 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 859. By Representatives Lane of the 167th, Keen of the 179th and Hill of the 180th:
A BILL to be entitled an Act to amend an Act relating to the Glynn County Board of Elections and Registration, approved March 24, 1994 (Ga. L. 1994, p. 3977), so as to change provisions relating to the selection of members of the board; to provide for one member to be appointed by the board of commissioners of Glynn County rather than the grand jury; to provide for the current member in that position to complete his or her current term of office; to provide for related matters; to provide for submission under the federal Voting Rights 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.
HB 861. By Representative Ralston of the 7th:
A BILL to be entitled an Act to amend an Act providing for a Board of Commissioners of Fannin County, approved August 10, 1920 (Ga. L. 1920, p. 519), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 3939), so as to change the provision relating to the compensation of

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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.
HB 862. By Representative Hatfield of the 177th:
A BILL to be entitled an Act to amend an Act creating the State Court of Ware County, formerly the City Court of Waycross, approved December 11, 1897 (Ga. L. 1897, p. 510), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4082), so as to provide for the compensation of the solicitor-general and the judge of said court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 863. By Representatives Scott of the 153rd and Roberts of the 154th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners for Tift County, approved August 9, 1917 (Ga. L. 1917, p. 396), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 4015), and an Act approved March 28, 1985 (Ga. L. 1985, p. 4875), so as to repeal a requirement that certain commissioners must resign on or before a certain date in order to run for chairperson of the board of commissioners; provide that the board of commissioners of Tift County may establish procedures relative to competitive bids on county purchases of new material, supplies, and equipment and contracts for county work; to provide for public inspection; to 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 866. By Representatives Forster of the 3rd and Dickson of the 6th:
A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Catoosa County, Georgia, approved March 30, 1993 (Ga. L. 1993, p. 4258), as amended, so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965,

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as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 867. By Representatives Forster of the 3rd and Dickson of the 6th:
A BILL to be entitled an Act to amend an Act creating the office of commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 870. By Representative Freeman of the 140th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Twiggs County, approved March 26, 1982 (Ga. L. 1982, p. 3627), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 4048), so as to provide for monthly meetings of the board of education; 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 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

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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 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 regular and special meetings; to provide for annual audits of county finances and financial records; to provide for a quarterly report for receipts and disbursements of funds; to provide for related matters; to provide for a referendum; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act to create the office of Commissioner of Towns County, approved March 14, 1984 (Ga. L. 1984, p. 4130), as amended, is amended by striking Section 1 and all other substantive sections of said Act and inserting in place thereof the following revision and restatement of the law relating to the Board of Commissioners of Towns County:
"SECTION 1. (a) The office of the sole county commissioner of Towns County which exists on January 1, 2005, is continued in existence as the governing authority of Towns County until December 31, 2008, except as otherwise provided in subsections (b) and (c) of this section. On and after January 1, 2009, a board of commissioners shall be constituted as provided in this Act and shall be the ruling authority of Towns County. (b) In the event a vacancy in the office of the sole county commissioner of Towns County occurs before the election and qualification of the members of the board of commissioners established by subsection (a) of this section, the vacancy shall be filled for the unexpired term of the sole county commissioner by special election of five members of the board of commissioners, as provided in this Act. Such special election shall be called within 60 days after the date of the vacancy and shall be held and conducted in accordance with the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'

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(c) In the event a vacancy in the office of the sole county commissioner of Towns County occurs after the election and qualification of the members of the board of commissioners established by subsection (a) of this section but before January 1, 2009, such vacancy shall be filled by the five newly elected members if possible. In this event, the terms of office of the newly elected members of the board of commissioners shall expire as provided in Section 2 of this Act. (d) In the event of a vacancy in the office of sole commissioner as set out in subsection (b) or (c) of this section, the judge of the Probate Court of Towns County shall be vested with and exercise the powers and duties of the sole commissioner until the vacancy is filled by the procedure set out in subsection (b) or (c), as appropriate.
SECTION 2. (a) The Board of Commissioners of Towns County shall be composed of five members. (b) The member of the board who is the chairperson of the board may reside anywhere within Towns County and, if elected, must receive the number of votes cast for that office as required by general law in the entire county. The chairperson must continue to reside within the county during that persons term of office, or that office shall become vacant. The chairperson shall devote full time to the duties of such office. (c) For purposes of electing members of the board of commissioners, other than the chairperson, Towns County is divided into four commissioner districts. One member of the board shall be elected from each district. The four commissioner districts shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: TOWNSP1 Plan Type: Local User: staff Administrator: Towns. (d) 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 Towns County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Towns County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. (e) In order to be elected as a member of the board from a commissioner district, a person must receive the number of votes cast as required by general law for that office in that district only. Only electors who are residents of that commissioner district may

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vote for a member of the board for that district. At the time of qualifying for election as a member of the board from a commissioner district, each candidate for such office shall specify the commissioner district for which that person is a candidate. A person elected or appointed as a member of the board from a commissioner district must continue to reside in that district during that persons term of office or that office shall become vacant. (f) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' (g) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law applicable to that office. (h) The first members of the board of commissioners elected under this Act shall be elected in the general election of November 2008. (i) The terms of office of members elected from Commissioner Districts 1 and 3 shall expire December 31, 2010, when their successors are elected and qualified. The terms of office of members elected from Commissioner Districts 2 and 4 shall expire December 31, 2010, when their successors are elected and qualified. Successors to members so elected shall be elected at the general election next preceding the expiration of such terms of office and shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified.
SECTION 3. When a vacancy occurs in the board of commissioners, and the unexpired term of office exceeds six months, it shall be the duty of the judge of the probate court to call a special election to elect a successor and fill the vacancy in not less than 30 nor more than 60 days, as prescribed in Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' If the unexpired term to be filled is less than six months in duration, the judge of the superior court of the county shall have the power to appoint a successor to fill the unexpired term.
SECTION 4. (a) The board shall have the power and authority to fix and establish by appropriate resolution, entered on its minutes, policies, rules, and regulations governing all matters reserved to the jurisdiction of the board. Such policies, rules, and regulations, when so adopted with proper entry thereof made on the minutes of the board, shall be conclusive and binding. The board shall exercise only those administrative powers which are necessarily and properly incident to its functions as a policy-making or rule-making body or which are necessary to compel enforcement of its adopted resolutions. (b) The board shall exercise all power and authority formerly vested in the sole county commissioner. (c) The board shall have such duties, powers, and authority which is or may be vested in the board by the Constitution or general laws of this state, including, but not limited to, the following:

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(1) To levy taxes; (2) To fix fees; (3) To make appropriations; (4) To fix rates and charges for services provided by the county; (5) To authorize the incurring of indebtedness; (6) To order work done where the cost is to be assessed against benefited property and to fix the basis for such assessment; (7) To authorize and provide for the execution of contracts; (8) To establish, alter, open, close, build, repair, or abolish public roads and bridges, according to law; provided, however, that the chairperson shall have the authority to adopt subdivision plats when the requirement established by the board for subdivisions is met; (9) To accept for the county the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county; (10) To regulate land use by the adoption of a comprehensive development plan and by the adoption of other planning and zoning ordinances which relate reasonably to the public health, safety, morality, and general welfare of the county and its citizens; and to exercise all other powers, duties, and authority in respect to zoning and planning as authorized by law; (11) To create and change the boundaries of special districts authorized by law; (12) To fix the bonds of county officers where same are not fixed by statute; (13) To enact any ordinances or other legislation which the county may be given authority to enact; (14) To determine the priority of capital improvements; (15) To call elections for the voting of bonds; and (16) To appoint and retain legal counsel and an independent county auditor and provide for their compensation.
SECTION 5. (a) The chairperson shall be the official head of the board. (b) The chairperson shall cause an agenda to be established for and preside at all meetings of the board unless absent. (c) The chairperson shall have all the rights, powers, duties, and responsibilities of a member of the board, including the right and power to make motions and nominations, except that the chairperson shall not vote on matters before the board except to express unanimity or where there is equal division on the question. (d) The chairperson may serve as a member of boards, commissions, and committees required by law or requested by the board and shall perform such other duties as may be required by law. (e) The board shall elect one of the members to serve as vice chairperson. The vice chairperson shall cause an agenda to be established for and preside at all meetings at which the chairperson is absent. In such event, the vice chairperson shall retain all of

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his or her rights, duties, powers, and responsibilities as a member of the board, including the right to make motions and to vote on matters before the board.
SECTION 6. (a) Before entering upon the discharge of their duties, the members shall subscribe to an oath for the true and faithful performance of their duties, and to uphold the laws and constitutions of the State of Georgia and the United States of America. (b) The board shall hold a minimum of one regular meeting per month for the transaction of business as may legitimately come before it. Special meetings may be convened. Public notice of the time, place, and dates shall be published and posted in a conspicuous place at least 24 hours in advance of the meeting and such notice shall be provided to the legal organ of the county in which public notices of sheriffs sales are published. (c) The board shall cause minutes of its meetings to be kept. A book of resolutions, acts, motions, rulings, and ordinances shall be kept. These records shall be available for public inspection in accordance with the laws of the State of Georgia. (d) The public shall at all times be afforded access to meetings declared open to the public and all matter shall be transacted in accordance with Chapter 14 of Title 50 of the O.C.G.A.
SECTION 7. (a) The board shall adopt and operate under annual budgets. (b) The board shall provide for and cause to be made annual audits in accordance with the laws of the State of Georgia. (c) The board shall provide for and cause detailed reviews of all receipts and expenditures by each department or cost center on a quarterly basis. Such reviews shall show actual amounts versus the budget and prior years. Significant variances shall be detailed to the boards satisfaction.
SECTION 8. (a) The chairperson shall receive an annual salary equal to the total compensation, including all supplements and fees, which the highest paid constitutional officer in Towns County would receive if that constitutional officer were elected in the same year as the chairperson, plus 3 percent of such amount. (b) The commissioners other than the chairperson shall be compensated in the amount of $300.00 per month from funds of the county. A district commissioner may elect to serve without compensation, and such election shall be duly noted by resolution passed and recorded in the minutes. The commissioners shall receive reimbursement for actual expenses incurred in the performance of their official duties."
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the Towns County shall call and conduct an election as provided in this

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section for the purpose of submitting this Act to the electors of the Towns County for approval or rejection. The election superintendent shall conduct that election on the third Tuesday in June, 2005, in accordance with Code Section 21-2-540 of the O.C.G.A. and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once at least 30 days prior to the election in the official county organ of Towns County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which reconstitutes the board of ( ) NO commissioners of Towns County and revises and restates the law
relating to the board?"
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 of full force and effect immediately. 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 Towns County. It shall be the election superintendents duty to certify the result thereof to the Secretary of State.
SECTION 3. The governing authority of Towns County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 60 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
District 001 Towns County
Tract: 9601 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 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 BG: 3 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054

THURSDAY, MARCH 24, 2005
District 002 Towns County
Tract: 9601 BG: 2 2028 2029 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 Tract: 9602 BG: 1 BG: 2 2010 2011 2013 2014 2015 2016 2017 2018 2020 2023 2024 2025 2026 2027 Tract: 9603 BG: 3 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3089 3090 3996
District 003 Towns County
Tract: 9602 BG: 2 2079 2084 2997 Tract: 9603 BG: 1 1033 1034 1035 1036 1037 1038 1039 1040 1043 1044 1100 1101 1996 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 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3088 3997 3998 3999
District 004 Towns County
Tract: 9602 BG: 2

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2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2012 2019 2021 2022 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 2080 2081 2082 2083 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2998 2999 Tract: 9603 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 1041 1042 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 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1997 1998 1999
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 333. By Senators Douglas of the 17th and Hudgens of the 47th:
A BILL to be entitled an Act to amend an Act creating the Walnutgrove-

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Youth 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 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.

SB 350. By Senator Smith of the 52nd:

A BILL to be entitled an Act to amend an Act creating a new charter for the City of Rome, approved August 19, 1918 (Ga. L. 1918, p. 813), as amended, so as to authorize the City of Rome to exercise all redevelopment and other powers authorized or granted to municipalities under Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as now or hereafter amended, and to provide for certain such powers; 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.

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
Barnes Y Bearden
Beasley-Teague Y Benfield
Benton Y Black Y Bordeaux

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

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

Y Maxwell Y May
McCall E McClinton Y Meadows
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
Sheldon Y Sims, C Y Sims, F
Sinkfield Y Smith, B
Smith, L

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

Epps Y Fleming
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
Heard, J Y Heard, K
Heckstall E Hembree E Henson Y Hill, C
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 Y Lord Y Loudermilk
Lucas Lunsford Maddox E Mangham Manning Y Marin Y Martin

Y Mosley Y Mumford Y Murphy, J Y Murphy, Q
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 E Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

On the passage of the Bills, the ayes were 134, nays 1.

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

The Bills, having received the requisite constitutional majority, were passed.

Representative Sheldon of the 105th 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 860. By Representatives Henson of the 87th, Watson of the 91st, Drenner of the 86th, Williams of the 89th, Sinkfield of the 60th and others:

A BILL to be entitled an Act to amend an Act establishing the DeKalb County districts from which the members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4538), so as to change the compensation of the members of the board of education; 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:

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3033

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

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

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

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

On the passage of the Bill, the ayes were 92, nays 39.

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

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

Representative Sheldon of the 105th 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 Henson of the 87th was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 872. By Representatives Heard of the 104th, Mumford of the 95th, Rice of the 51st, Floyd of the 99th, Marin of the 96th and others:

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A BILL to be entitled an Act to amend an Act creating the board of commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4658), so as to provide for the compensation of the chairperson and the members of the board of commissioners; 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 an Act creating the board of commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4658), so as to provide for the compensation of the chairperson and the members of the board of commissioners; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the board of commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4658), is amended by striking Section 7 and inserting in lieu thereof a new Section 7 to read as follows:
"SECTION 7. (a) Effective January 1, 2006, each member of the board of commissioners, except the chairperson of the board, shall receive a salary equal in amount to the salary received by members of the General Assembly. Each such member shall also be reimbursed for actual expenses incurred in the performance of his or her duties as such member in an amount not to exceed $7,000.00 per year. (b) Effective January 1, 2006, the chairperson of the board of commissioners shall receive a salary equal in amount to four times the salary received by members of the General Assembly. The chairperson shall also be reimbursed for actual expenses incurred in the performance of his or her duties as chairperson."
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.

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3035

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

Y Crawford Y Cummings
Davis Day E Dean Y Dickson Y Dodson Dollar Drenner Y Dukes Ehrhart Y England Epps Y Fleming Floyd, H Y Floyd, J Y Fludd Forster 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 Heckstall E Hembree E Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt
Horne Y Houston
Howard Y Hudson Y Hugley Y Jackson N Jacobs Y James
Jamieson Y Jenkins Y 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
Loudermilk Lucas Lunsford Y Maddox E Mangham Manning Marin Martin

Y Maxwell E May Y McCall E McClinton Y Meadows
Millar N Miller N 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 Y Parham Y Parrish
Parsons Y Porter Y Powell
Ralston Y Randall Y Ray Y Reece, B Y Reece, S E 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
Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet
Thomas, A.M N Thomas, B Y Tumlin N Walker Y Warren Y Watson Y Wilkinson
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 124, nays 6.

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

Representative Sheldon of the 105th 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.

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Representatives Floyd of the 99th and Marin of the 96th 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 House:
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.
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.
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.
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:

THURSDAY, MARCH 24, 2005

3037

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.
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.
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.
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.
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 compensation plans from the State Personnel Board to the Board of Trustees of the Employees Retirement System of Georgia; to provide for transfer of

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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.
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.
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 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.
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.
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

THURSDAY, MARCH 24, 2005

3039

thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
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.
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 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.
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.
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

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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.
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.
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.
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.
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

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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.
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.
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.
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 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.

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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.
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.
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.
HB 757. By Representative Hanner of the 148th:
A BILL to be entitled an Act to create and establish the Georgetown-Quitman 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.

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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.
HB 767. 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 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.
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.
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.
HB 774. By Representatives Borders of the 175th, Black of the 174th and Shaw of the 176th:

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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 related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
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.
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.
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.
The Senate has passed as amended, by the requisite constitutional majority, the following bills of the House:
HB 58. By Representatives Powell of the 29th and Rice of the 51st:
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

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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.
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 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.
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.
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

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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.
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 Senate has passed by substitute, by the requisite constitutional majority, the following bills 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.
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

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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.
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.
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.
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

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December 31, 2006; to continue provisions relating to administrative assessments; to provide for a change in the weekly benefit amount over a twoyear 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 Senate has adopted by the requisite constitutional majority the following resolution of the House:
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 Senate has agreed to the House amendment to the following bill of the Senate:
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.
The Senate has agreed to the House substitute to the following bills of the Senate:
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

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dealership; to provide for applicability; to provide for related matters; 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.
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 295. By Senator Williams of the 19th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Jeff Davis County, approved March 25, 1958 (Ga. L. 1958, p. 3288), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; 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 788. By Representatives Henson of the 87th, Watson of the 91st, Mangham of the 94th, Benfield of the 85th, Gardner of the 57th 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.
By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee:
SB 295. By Senator Williams of the 19th:

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A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Jeff Davis County, approved March 25, 1958 (Ga. L. 1958, p. 3288), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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

Representative Bordeaux of the 162nd moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the Senate:

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.

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 Y Benfield N Benton Y Black Y Bordeaux Y Borders N Bridges Y Brooks N Brown Y Bruce Y Bryant Y Buckner, D

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

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

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

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

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

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

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

On the motion, the ayes were 65, nays 84.

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

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

The motion was lost.

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

Representative Kidd of the 115th 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 members were recognized during the period of Morning Orders and addressed the House:

Lakly of the 72nd, Hugley of the 133rd, and Gardner of the 57th.

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

HR 719. By Representative Kidd of the 115th:

A RESOLUTION honoring and commending 3rd Force Reconnaissance Company and inviting these Marines 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 719 Do Pass

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The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
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.
HR 643. By Representatives Marin of the 96th, Richardson of the 19th, Porter of the 143rd, Floyd of the 99th, Heard of the 104th and others:
A RESOLUTION commending Ashley Smith and inviting her to appear before the House of Representatives; and for other purposes.
HR 644. By Representatives Marin of the 96th, Richardson of the 19th, Porter of the 143rd, Floyd of the 99th, Heard of the 104th and others:
A RESOLUTION commending the Gwinnett County Police Department's Uniform and Communications Divisions and SWAT Team and inviting their members to appear before the House of Representatives; and for other purposes.
HR 719. By Representative Kidd of the 115th:
A RESOLUTION honoring and commending 3rd Force Reconnaissance Company and inviting these Marines to appear before the House of Representatives and for other purposes.
By unanimous consent, the following Bill of the House was taken up for consideration and read the third time:
HB 856. By Representatives Fludd of the 66th, Jordan of the 77th and Abdul-Salaam of the 74th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners for Fayette County, approved March 9, 1959 (Ga. L. 1959, p. 2431), as amended, particularly by an Act approved March 13, 1978 (Ga. L. 1978, p. 3399), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to change the manner of electing members; to provide for election and terms of

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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.

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 N Amerson Y Anderson Y Ashe N Barnard Y Barnes N Bearden
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
Buckner, G N Burkhalter N Burmeister N Burns N Butler N Byrd N Carter N Casas N Chambers Y Channell Y Cheokas N Coan
Cole N Coleman, B Y Coleman, T N Cooper
Cox

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

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

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

On the passage of the Bill, the ayes were 63, nays 82.

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

The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Fludd of the 66th gave notice that at the proper time he would move

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that the House reconsider its action in failing to give the requisite constitutional majority to HB 856.
The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendment thereto:
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 Senate substitute was read:
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 clarify the sales and use tax exemption for a qualified child-caring institution, child-placing agency, or maternity home; to change the exemption regarding electricity sales for irrigation of certain crops; 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 paragraph (41) of said Code section and inserting in its place a new paragraph (41) to read as follows:
"(41)(A) Sales of tangible personal property and services to or by a child-caring institution as defined in paragraph (1) of Code Section 49-5-3, as amended; a childplacing agency as defined in paragraph (2) of Code Section 49-5-3, as amended; or a maternity home as defined in paragraph (14) of Code Section 49-5-3, as amended, when such institution, agency, or home is engaged primarily in providing child services and is a nonprofit, tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code and obtains an exemption determination letter from the commissioner; and (B) Sales by an institution, agency, or home as described in subparagraph (A) of this paragraph when:
(i) The sale results from a specific charitable fund-raising activity; (ii) The number of days upon which the fund-raising activity occurs does not exceed 30 in any calendar year;

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(iii) No part of the gross sales or net profits from the sales inures to the benefit of any private person; and (iv) The gross sales or net profits from the sales are used purely for charitable purposes in providing child services;".
SECTION 2. Said Code section is further amended by striking paragraph (64) and inserting in its place a new paragraph (64) to read as follows:
"(64) 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 3. This Act shall become effective on July 1, 2005.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Roberts of the 154th moved that the House agree to the Senate substitute to HB 487.
The motion was lost.
The House has disagreed.
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 Senate amendment was read:
The Senate moves to amend HB 279 by renumbering Section 2 as Section 3 and by inserting a new Section 2 by adding the following between lines 15 and 16 on page 2:
Code Section 32-6-27 of the Official Code of Georgia Annotated, relating to imposition of fines related to violations of the load limitations, is amended by striking subsection (a) of said Code Section and inserting in its place the following:

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"(a) Any person who violates the load limitation provisions of Code Section 32-626 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 of excess weight; plus 5 per pound for all excess weight over 8,000 pounds 5 per pound for all excess weight over the allowed weight limitations;

Representative Floyd of the 147th moved that the House agree to the Senate amendment to HB 279.

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

Abdul-Salaam Y Amerson N Anderson Y Ashe Y Barnard Y Barnes Y Bearden N Beasley-Teague Y Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges N 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 Y Cooper Y Cox

Y Crawford Y Cummings
Davis Y Day E Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes
Ehrhart Y England N 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
Heckstall E Hembree Y 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 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 Lakly Y Lane, B Y Lane, R Y Lewis
Lindsey Y Lord Y Loudermilk
Lucas Lunsford Y Maddox E Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Miller Y Mills
Mitchell Y Morgan Y Morris
Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal
Oliver O'Neal Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S E 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 Y Smith, B
Smith, L N 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 N Watson Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

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On the motion, the ayes were 141, nays 14.
The motion prevailed.
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 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 Senate substitute was read:
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 change certain provisions regarding qualification of conservation use property for current use assessment; 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 paragraph (1) of subsection (b) and inserting in its place a new paragraph (1) to read as follows:
"(1) When one-half or more of the area of a single tract of real property is used for a qualifying purpose, then such tract shall be considered as used for such qualifying purpose unless some other type of business is being operated on the unused portion; provided, however, that such unused portion must be minimally managed so that it does not contribute significantly to erosion or other environmental or conservation problems. The lease of hunting rights or the use of the property for hunting purposes shall not constitute another type of business. The charging of admission for use of the property for fishing purposes shall not constitute another type of business;"
SECTION 2. Said Code section is further 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:

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(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 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 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Royal of the 171st moved that the House agree to the Senate substitute to HB 1.

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

Y Abdul-Salaam Y Amerson Y Anderson

Y Crawford Y Cummings Y Davis

Y Holmes Y Holt Y Horne

Y Maxwell Y May Y McCall

Sailor Y Scheid Y Scott, A

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

Y Day E 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 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 Y Heard, K
Heckstall E Hembree Y Henson Y Hill, C Y Hill, C.A

Y Houston Howard
Y Hudson Y Hugley
Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson
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
Lunsford Y Maddox E Mangham Y Manning Y Marin Y Martin

On the motion, the ayes were 159, nays 0.

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

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

The motion prevailed.

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.

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The following Senate substitute was read:
A BILL
To amend Title 29 and Title 30 of the Official Code of Georgia Annotated, 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, and to handicapped persons, respectively, so as to change certain provisions relating to the Department of Human Services; to add a definition for "public guardian"; 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 provide for the appointment of a public guardian or the Department of Human Resources as a guardian of an adult in certain circumstances; to change certain provisions 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 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 a bond by the public guardian; to provide for letters of guardianship; to provide for recordkeeping and reporting; to provide for additional security on a bond; to provide for revocation of letters of guardianship; to provide for compensation; to provide for the appropriation of funds for compensation in certain circumstances; to revise the definition of "director"; to revise certain provisions relating to investigation of reports of need for protective services; to amend Code Section 31-8116 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 to go to the Department of Human Resources; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 29 of the Official Code of Georgia Annotated, 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, is amended in Code Section 29-1-1, relating to definitions, by inserting after paragraph (16) a new paragraph to read as follows:
"(16.1) 'Public guardian' means an individual or private entity, including a nonprofit entity, appointed pursuant to Chapter 10 of this title."
SECTION 2. Said title, as amended by an Act approved May 5, 2004 (Ga. L. 2004, p. 161), is further amended by striking Code Section 29-4-2, relating to qualifications of guardians selected for adults, in its entirety and inserting in lieu thereof the following:
"29-4-2.

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(a) Only an individual may serve as guardian of an adult, except in the event a public guardian or the Department of Human Resources is appointed pursuant to subsection (b.1) of Code Section 29-4-3. (b) No individual may be appointed as guardian of an adult who:
(1) Is a minor, a ward, or a protected person; (2) Has a conflict of interest with the adult unless the court determines that the conflict of interest is insubstantial or that the appointment would be in the adults best interest; or (3) Is an owner, operator, or employee of a long-term care or other caregiving institution or facility at which the adult is receiving care, unless related to the adult by blood, marriage, or adoption. (c) No entity may be appointed as guardian of an adult which: (1) Has a conflict of interest with the adult unless the court determines that the conflict of interest is insubstantial or that the appointment would be in the adults best interest; or (2) Is a long-term care or other caregiving institution or facility at which the adult is receiving care."
SECTION 3. Said title, as amended by an Act approved May 5, 2004 (Ga. L. 2004, p. 161), is further amended in Code Section 29-4-3, relating to order of preference in selection of guardians of adults, by striking subsection (b) in its entirety and inserting in lieu thereof the following:
"(b) Individuals who are eligible have preference in the following order: (1) The individual last nominated by the adult in accordance with the provisions of subsection (c) of this Code section; (2) The spouse of the adult or an individual nominated by the adults spouse in accordance with the provisions of subsection (d) of this Code section; (3) An adult child of the adult or an individual nominated by an adult child of the adult in accordance with the provisions of subsection (d) of this Code section; (4) A parent of the adult or an individual nominated by a parent of the adult in accordance with the provisions of subsection (d) of this Code section; (5) A guardian appointed during the minority of the adult; (6) A guardian previously appointed in Georgia or another state; (7) A friend, relative, or any other individual; and (8) Any other person, including a volunteer to the court, found suitable and appropriate who is willing to accept the appointment; and (9) The county guardian or the director of the department of family and children services of the county of domicile of the adult or of the county in which the adult is found; provided, however, that the director of the county department of family and children services may delegate the guardianship duties to responsible employees of the department.

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(b.1) If no other person is available to serve as guardian of the ward, the judge may appoint a public guardian in accordance with Chapter 10 of this title. In the event the court determines that there is no public guardian registered in accordance with Chapter 10 of this title appropriately available to serve as guardian for a ward, the court may appoint the Department of Human Resources as guardian. If so appointed, the department shall designate a representative of the department to provide guardian services who shall take the oath of guardianship. If, after having been so appointed, the department presents to the court a public guardian registered in accordance with Chapter 10 of this title or some other person suitable and appropriate to serve as guardian of a ward and willing to so serve, the court shall allow the department to resign and shall appoint such public guardian or such other person. If the department is appointed pursuant to this subsection, it shall be bound by all the requirements of this chapter, except that it shall not be required to post bond or pay any cost or fee of court associated with the guardianship proceeding. If the department is appointed pursuant to this subsection and enters into a contract with an independent contractor for the provision of guardianship services, the expense of providing such services may be paid for from state funds appropriated for public guardians under Chapter 10 of this title or, upon approval of the court, from the estate of the ward."
SECTION 4. Said title, as amended by an Act approved May 5, 2004 (Ga. L. 2004, p. 161), is further amended by striking Code Section 29-9-10, relating to the role of the director of a county department of family and children services, in its entirety and inserting in lieu thereof the following:
"29-9-10. The director of the county department of family and children services or When appointed pursuant to subsection (b.1) of Code Section 29-4-3, a duly appointed delegate of the Department of Human Resources is authorized to take the oath of conservatorship or guardianship before the judge of the Probate Court of Fulton County or before the judge of the court making the appointment of conservatorship or guardianship any probate court of this state."
SECTION 5. Said title, as amended by an Act approved May 5, 2004 (Ga. L. 2004, p. 161), is further amended by inserting at the end of such title a new chapter to read as follows:
"CHAPTER 10
29-10-1. As used in this chapter, the term 'public guardian' means an individual or private entity, including a nonprofit entity, who meets the qualifications required in this chapter and has registered with and been duly approved by the probate court to serve as a public guardian of an adult pursuant to Code Section 29-4-3.

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29-10-2. When appointed pursuant to subsection (b.1) of Code Section 29-4-3, a public guardian is authorized to take the oath of guardianship before the judge of any probate court of this state. In the event of a public guardian that is a private entity, the employee or agent of such entity who will have direct contact with the ward shall take the oath required by this Code section.
29-10-3. (a) To be eligible to serve as a public guardian, an individual must:
(1) Be at least 18 years of age; (2) Submit to a criminal background check with satisfactory results as prescribed by the Division of Aging Services of the Department of Human Resources; (3) Submit to an investigation of the individuals credit history as prescribed by the Division of Aging Services of the Department of Human Resources; (4) Attend and complete at least 20 hours of training approved by the Division of Aging Services of the Department of Human Resources, including but not limited to training conducted by such division, a professional association, or by the probate court; (5) Demonstrate competency, education, and experience in guardianships, social work, or case management; and fiduciary integrity to perform the duties of a public guardian; (6) Demonstrate competency and ability to carry out the values of the ward; and (7) Agree to abide by the provisions of this chapter and to serve when appointed as public guardian without the ability to decline, except as provided for in Chapter 4 of this title. (b) To be eligible to serve as a public guardian, an entity must: (1) Maintain an appropriate level of liability insurance covering all employees and agents who will have direct contact with a ward in an amount or amounts approved by the probate court; (2) Maintain a record for each employee and agent who will have direct contact with a ward and ensure that each such employee and agent submits to and meets the requirements of subsection (a) of this Code section; (3) Submit to an investigation of the entitys financial records; and (4) Agree to abide by the provisions of this chapter and to serve when appointed as public guardian without the ability to decline, except as provided for in Chapter 4 of this title. (c) An individual or entity shall submit all required documentation as specified by the probate court to show that such individual or entity and such entitys employees and agents meet the requirements of this Code section. (d) After completion of the initial training, a public guardian or employee or agent of a public guardian who will have direct contact with a ward, if an entity, must complete at least 20 additional hours of training every two years. The initial and subsequent training shall include, but not be limited to, instruction in:

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(1) Basic principles of guardianship; (2) Rights of the ward; (3) Alternatives to guardianship; (4) Court procedures; (5) Legal duties, responsibilities, and roles of guardians; (6) Fiduciary responsibilities, record keeping, reporting, administrative duties, intake process, and planning; (7) Availability of resources, public benefits, and social services; (8) Health care and end-of-life planning; (9) Mental, developmental, and physical disabilities; (10) Communications; (11) Case management; and (12) Property management. (e) Any costs incurred by a public guardian to comply with these requirements shall be at the expense of the individual or private entity and shall not be paid with the assets of any ward.
29-10-4. (a) An individual who meets the requirements of Code Section 29-10-3 may be registered as a public guardian in the probate court of the county in which he or she is domiciled upon approval by the probate court. Such individual may also be registered in the probate court of other counties within a reasonable distance of the county in which he or she is domiciled as approved by such other probate courts. (b) A private entity that meets the requirements of Code Section 29-10-3 may be registered as a public guardian in the probate court of any county upon approval by such probate court. (c) The probate court of a county shall have the sole discretion regarding the approval and registration of public guardians. Each probate court shall maintain a list of public guardians who have been registered and approved in its county. The Division of Aging Services of the Department of Human Resources shall maintain a master list of registered public guardians throughout the state; and the probate courts shall submit, on January 1 and July 1 of each year or more often as required by the division, the list of registered public guardians in each county to the Division of Aging Services. (d) The Division of Aging Services of the Department of Human Resources shall develop a standard form that may be used by probate courts in registering public guardians.
29-10-5. A public guardian shall give bond with good security, to be judged by the court, in a sum of not less than $10,000.00. The bond shall be payable to the court for the benefit of all concerned. It shall be attested by the judge or clerk of the court and shall be conditioned upon the faithful discharge of the public guardians duty as such, as required by law. Actions on the bond may be brought by any person aggrieved by the

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misconduct of the public guardian as provided by law for actions on the bonds of other guardians.
29-10-6. The court shall grant to the public guardian separate letters of guardianship upon each appointment. The public guardian shall be subject to all liabilities and entitled to all the rights and emoluments provided for other guardians and shall be governed by the law provided for other guardians.
29-10-7. (a) A public guardian shall keep and maintain proper financial, case control, and statistical records on all matters in which the public guardian serves as guardian. (b) No report or disclosure of the wards personal or medical records shall be made except as required or authorized by law. (c) A public guardian shall file an annual report with the probate court on the operations of the public guardian for the preceding year, in writing, by August 1. (d) Within six months of appointment as a public guardian, such public guardian shall submit to the probate court for placement in the wards guardianship file a report on the public guardians efforts to locate a family member or friend or other individual included in subsection (b) of Code Section 29-4-3 to act as the guardian of the ward and a report on the wards potential to be restored to capacity. (e) The public guardian or employee or agent of a public guardian, if a private entity, shall visit the ward at least four times per year and more often as necessary. (f) A public guardian who is an individual shall serve no more than five wards at any one time. A public guardian that is an entity shall serve no more than 30 wards at any one time. In the discretion of the probate court, these maximum ratios may be increased or decreased for a particular public guardian, in light of all relevant circumstances. (g) Public guardians, county guardians, and conservators shall be required to work cooperatively together when appointed for the same ward.
29-10-8. (a) The probate court may require a public guardian to give additional security on the bond or to give an additional bond with security. The court shall have the authority to fix the amount of the bond and shall cite the public guardian to appear and show cause, if any, why the additional bond or security should not be given. (b) If upon the hearing the public guardian fails to show good cause why the additional bond or additional security should not be given, the court shall issue an order fixing the amount of the bond and direct the public guardian to give additional security on or before a certain date, which date shall be within 30 days of the date of the order. (c) Should the public guardian fail, refuse, or neglect to give additional bond or additional security on or before the date fixed in the order of the court and fail to show good cause why further time should be allowed, it shall be the duty of the court to remove the public guardian and to appoint another public guardian for the unexpired

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term of office. The order of removal shall be recorded as provided for the order of appointment.
29-10-9. The court may, for good cause shown, revoke the letters of guardianship of the public guardian, require additional security on the public guardians bond, or issue any other order as is expedient and necessary for the good of any particular guardianship in the hands of the public guardian.
29-10-10. Public guardians shall receive compensation for their services in accordance with the provisions of Chapter 4 of this title. However, for wards who have insufficient resources or income to pay the compensation provided for in Chapter 4 of this title, at the discretion of the probate court judge, a request for payment for the public guardian to the Division of Aging Services of the Department of Human Resources, as provided for in Code Section 29-10-11, shall be made. A public guardian shall be paid the compensation provided for in Chapter 4 of this title pursuant to Code Section 29-10-11 to the extent that the available funds can meet that expense or, at the discretion of the judge, the public guardians actual expenses may be reimbursed from the funds pursuant to Code Section 29-10-11.
29-10-11. (a) The General Assembly is authorized to appropriate state funds, by line item appropriation, for the purpose of providing compensation to public guardians for services to wards who have insufficient resources or income to pay the compensation provided for in Chapter 4 of this title. (b) Any such funds appropriated shall be administered by the Division of Aging Services of the Department of Human Resources and paid, if funds are available, upon submission of appropriate documentation by the probate court pursuant to Code Section 29-10-10."
SECTION 6. Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to the protection of disabled adults and elder persons, is amended by striking paragraph (5) of Code Section 30-5-3, relating to definitions, and inserting in its place the following:
"(5) 'Director' means the director of the county department of family and children services Division of Aging Services of the Department of Human Resources, or the directors designee, in the county in which the disabled adult or elder person resides or is present."
SECTION 7. Said chapter is further amended by striking subsections (a) and (h) of Code Section 30-55, relating to investigation of reports of need for protective services, and inserting in their

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respective places the following: "(a) Any director receiving When the director receives a report that a disabled adult or elder person is in need of protective services, he or she shall conduct or have conducted a prompt and thorough investigation to determine whether the disabled adult or elder person is in need of protective services and what services are needed. The investigation shall include a visit to the person and consultation with others having knowledge of the facts of the particular case. Within ten days after receipt of the report, the director shall acknowledge receipt of the report, in writing, to the person making the report." "(h) Notwithstanding any other provisions of this Code section, if any the director or adult protection agency employee receives a report or gains knowledge that a disabled adult or elder person is in need of protective services and such disabled adult or elder person may be in imminent danger resulting from abuse, exploitation, or neglect, the director or designee of the director may file a petition with the probate or superior court stating the grounds on which the director or designee of the director believes that the disabled adult or elder person may be in imminent danger and seeking immediate access to such person. The judge, in his or her discretion, may issue an ex parte order requiring the caretaker or any other person at the place where the disabled adult or elder person resides to afford an adult protection agency employee immediate access to such person to determine the persons well-being. If the adult protection agency employee is denied access to the disabled adult or elder person, the employee shall contact immediately a law enforcement officer to assist the employee in enforcing such order. Any person willfully violating any order issued pursuant to this subsection shall be in contempt of the court issuing such order and may be punished accordingly by the judge of the court. The adult protection agency employee shall conduct a brief investigation to determine the condition of the disabled adult or elder person."
SECTION 8. 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, is amended by striking subsection (g) and inserting in its place the following:
"(g) Each resident shall be discharged from a facility after the resident or guardian gives the administrator or person in charge of the facility notice of the residents desire to be discharged and the date of the expected departure. Where the resident appears to be incapable of living independently of the facility, the facility shall notify the county department of family and children services Department of Human Resources in order to obtain social or protective assistance for the resident immediately. The notice of the discharge by the resident or guardian, the expected and actual date thereof, and notice to the department, where required, shall be documented in the residents records. Upon such discharge and, if required, notice to the department, the facility is relieved from any further responsibility for the residents care, safety, or well-being."
SECTION 9.

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(a) Sections 1 through 5 of this Act shall become effective on July 1, 2005, and all appointments of guardians of the person made pursuant to former Title 29 shall continue in effect and shall thereafter be governed by the provisions of this Act. (b) Sections 6 through 10 of this Act shall become effective on July 1, 2005.

SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

Representative Walker of the 107th moved that the House agree to the Senate substitute to HB 394.

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
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 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 E Dean Y Dickson Y 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 Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall E 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
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
Lunsford Y Maddox E Mangham Y Manning Y Marin Y Martin

On the motion, the ayes were 153, nays 0.

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

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The motion prevailed.
Representative Reece of the 11th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
The Speaker announced the House in recess until 1:00 o'clock this afternoon.

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AFTERNOON SESSION
Representative Keen of the 179th called the House to order.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 725. By Representatives Yates of the 73rd, Ehrhart of the 36th, Keen of the 179th, Lunsford of the 110th, Richardson of the 19th and others:
A RESOLUTION commending Mr. Cicero Lucas and inviting him to appear before the House of Representatives; and for other purposes.
HR 726. By Representatives Porter of the 143rd, Coleman of the 97th, Jamieson of the 28th, Cummings of the 16th, Ashe of the 56th and others:
A RESOLUTION inviting the 2006 Georgia Teacher of the Year, Dr. Brenda Shuman-Riley, to appear before the House of Representatives; and for other purposes.
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 725 Do Pass HR 726 Do Pass
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 725. By Representatives Yates of the 73rd, Ehrhart of the 36th, Keen of the 179th, Lunsford of the 110th, Richardson of the 19th and others:
A RESOLUTION commending Mr. Cicero Lucas and inviting him to appear before the House of Representatives; and for other purposes.
HR 726. By Representatives Porter of the 143rd, Coleman of the 97th, Jamieson of the 28th, Cummings of the 16th, Ashe of the 56th and others:
A RESOLUTION inviting the 2006 Georgia Teacher of the Year, Dr. Brenda Shuman-Riley, to appear before the House of Representatives; and for other purposes.

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The following Resolutions of the House were read:
HR 721. By Representatives Porter of the 143rd and Hugley of the 133rd:
A RESOLUTION commending and expressing gratitude to Dr. Brenda Shuman-Riley, the 2006 GeorgiaTeacher of the Year; and for other purposes.
HR 731. By Representatives Borders of the 175th, Black of the 174th and Shaw of the 176th:
A RESOLUTION honoring Sister Therese Galarneau on the occasion of her Golden Jubilee; and for other purposes.
HR 732. By Representatives Benton of the 31st and McCall of the 30th:
A RESOLUTION recognizing and commending Kay Haugen for outstanding contributions to public education in the State of Georgia; and for other purposes.
HR 733. By Representative Cox of the 102nd:
A RESOLUTION commending Chris L. Shannon on becoming an Eagle Scout; and for other purposes.
HR 734. By Representative Warren of the 122nd:
A RESOLUTION commending the Hephzibah Comprehensive High School girls basketball team; and for other purposes.
HR 735. By Representatives Mangham of the 94th, Abdul-Salaam of the 74th, Jordan of the 77th, Heckstall of the 62nd, Dodson of the 75th and others:
A RESOLUTION commending Reverend Dr. Matthew Vaughn Johnson, Sr.; and for other purposes.
HR 736. By Representatives Mangham of the 94th, Brooks of the 63rd, Abdul-Salaam of the 74th, Thomas of the 55th, Mitchell of the 88th and others:
A RESOLUTION expressing regret at the passing of Professor Donald Efiong Udo Ekong; and for other purposes.
HR 737. By Representatives Tumlin of the 38th, Morgan of the 39th, Jones of the 44th, Teilhet of the 40th, Setzler of the 35th and others:

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A RESOLUTION congratulating Turner Chapel African Methodist Episcopal Church; and for other purposes.
HR 738. By Representative Cox of the 102nd:
A RESOLUTION commending Jacob Parsons on becoming an Eagle Scout; and for other purposes.
HR 739. By Representatives Borders of the 175th, Shaw of the 176th and Black of the 174th:
A RESOLUTION honoring Dr. Joel L. Morgan upon being named Psychiatrist of the Year by the Georgia Psychiatric Physicians Association; and for other purposes.
HR 740. By Representatives Hill of the 180th, Smith of the 168th, Mosley of the 178th, Lane of the 158th and Lane of the 167th:
A RESOLUTION recognizing and expressing appreciation to one of Georgia's most distinguished public servants, Mr. Harry Dixon; and for other purposes.
HR 741. By Representative Smith of the 113th:
A RESOLUTION commending Johnny Glisson on becoming an Eagle Scout; and for other purposes.
HR 742. By Representative Smith of the 113th:
A RESOLUTION commending Matthew Joseph Struemph on attaining the rank of Eagle Scout; and for other purposes.
HR 743. By Representative Powell of the 29th:
A RESOLUTION commending Eric Berryman; and for other purposes.
HR 744. By Representative Powell of the 29th:
A RESOLUTION commending Dr. John Beasley; and for other purposes.
HR 745. By Representative Powell of the 29th:

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A RESOLUTION commending Jacob "Jake" Cauthen Westbrook; and for other purposes.
HR 746. By Representatives Rogers of the 26th, Reece of the 27th, Mills of the 25th and Benton of the 31st:
A RESOLUTION commending Enota Elementary School; and for other purposes.
HR 747. By Representative Powell of the 29th:
A RESOLUTION commending Jenna Moon; and for other purposes.
HR 748. By Representative Powell of the 29th:
A RESOLUTION commending Andrew Sosebee; and for other purposes.
HR 749. By Representatives Benton of the 31st and McCall of the 30th:
A RESOLUTION recognizing and commending Ellen Flynn for outstanding contributions to public education in the State of Georgia; and for other purposes.
HR 750. By Representatives Benton of the 31st and McCall of the 30th:
A RESOLUTION recognizing and commending Melanie Kay Sandrock Stoudenmire for outstanding contributions to public education in the State of Georgia; and for other purposes.
HR 751. By Representative Greene of the 149th:
A RESOLUTION recognizing the City of Colquitt in Miller County as Georgia's first "mural city"; and for other purposes.
HR 752. By Representatives Heard of the 114th, Kidd of the 115th and Smith of the 113th:
A RESOLUTION commending Tasha Humphrey; and for other purposes.
HR 753. By Representative Parsons of the 42nd:
A RESOLUTION commending and congratulating the Alan C. Pope High School rugby team, Athletic Director Clay Osbourne, and Coaches Stephen

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Dimino and Billy Johnson; and for other purposes.
HR 754. By Representative Greene of the 149th:
A RESOLUTION designating the City of Colquitt in Miller County as Georgia's First Mural City; and for other purposes.
HR 755. By Representatives Chambers of the 81st, Cooper of the 41st, Buckner of the 130th, Jones of the 46th, Burmeister of the 119th and others:
A RESOLUTION recognizing Public Health Week in Georgia; and for other purposes.
HR 756. By Representatives Buckner of the 76th, Barnes of the 78th and Dodson of the 75th:
A RESOLUTION commending Michelle Marie Kennel, Clayton County's STAR Student; and for other purposes.
HR 757. By Representatives Brooks of the 63rd, Beasley-Teague of the 65th, Heckstall of the 62nd, Sinkfield of the 60th and Holmes of the 61st:
A RESOLUTION honoring the life of Johnny Robinson and expressing regret at his passing; and for other purposes.
HR 758. By Representatives Buckner of the 76th, Dodson of the 75th and Barnes of the 78th:
A RESOLUTION commending Clayton County's STAR students and STAR teachers; and for other purposes.
HR 759. By Representatives Hill of the 180th, Keen of the 179th, Lane of the 167th, Stephens of the 164th and Smith of the 168th:
A RESOLUTION commending Captain Mike McKinnon; and for other purposes.
HR 760. By Representative Orrock of the 58th:
A RESOLUTION recognizing and commending the extraordinary career of Dr. Edward Frost on the occasion of his retirement; and for other purposes.

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3075

HR 761. By Representatives Teilhet of the 40th, Manning of the 32nd and Tumlin of the 38th:

A RESOLUTION commending Mary Armstrong for her service to her community; and for other purposes.

HR 762. By Representative Cox of the 102nd:

A RESOLUTION commending Randy Myers on becoming an Eagle Scout; and for other purposes.

HR 763. By Representative Gardner of the 57th:

A RESOLUTION commending the Eating Disorders Information Network's School Outreach Program; 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
Ashe Y Barnard
Barnes Y Bearden
Beasley-Teague Benfield Y Benton Y Black Bordeaux Y Borders Bridges Y Brooks Y Brown Bruce Bryant Buckner, D Buckner, G Y Burkhalter Y Burmeister Y Burns Butler Y Byrd Y Carter Casas Y Chambers Y Channell Y Cheokas Y Coan

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

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

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

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

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Cole Coleman, B Coleman, T Cooper Cox

Y Heckstall E Hembree
Henson Y Hill, C
Hill, C.A

Y Maddox E Mangham
Manning Marin Y Martin

Y Rice Y Roberts Y Rogers Y Royal Y Rynders

On the adoption of the Resolutions, the ayes were 93, nays 0.

Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

The Resolutions were adopted.

Representatives Lewis of the 15th, Miller of the 106th, and Reece of the 11th 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, the following Bill of the House was withdrawn from the Committee on Retirement and referred to the Committee on Insurance:

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 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.

The following Bills of the House were taken up for the purpose of considering the Senate substitute or amendments thereto:

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.

THURSDAY, MARCH 24, 2005

3077

The following Senate substitute was read:
A BILL
To amend Article 9 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Subsequent Injury Trust Fund, so as to provide that the Subsequent Injury Trust Fund shall not reimburse a self-insured employer or an insurer for an injury occurring after December 31, 2006, for which a claim is made after December 31, 2006; to provide that the fund shall continue to reimburse self-insured employers and insurers for claims made prior to December 31, 2006; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 9 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Subsequent Injury Trust Fund, is amended striking Code Section 34-9-368, relating to the dissolution of the Subsequent Injury Trust Fund, and inserting in lieu thereof the following:
"34-9-368. (a) The Subsequent Injury Trust Fund shall not reimburse a self-insured employer or an insurer for a subsequent injury for which a claim is made for an injury occurring after June 30, 2008 December 31, 2006. The Subsequent Injury Trust Fund shall continue to reimburse self-insured employers or insurers for claims for injuries occurring on and prior to June 30, 2008 December 31, 2006, which qualify for reimbursement. (b) Self-insured employers and insurers shall continue to pay assessments pursuant to Code Section 34-9-358 to the extent necessary to fund claims for injuries occurring on and prior to June 30, 2008 December 31, 2006. (c) The Subsequent Injury Trust Fund is directed to complete an actuarial study not later than January 1, 2005. (d)(c) Upon or in contemplation of the final payment of all claims filed for subsequent injuries for which claims are filed for injuries occurring on and prior to June 30, 2008 December 31, 2006, the board of trustees shall adopt and implement resolutions providing for the final dissolution of the Subsequent Injury Trust Fund. Such resolutions shall become effective when all claims made for injuries occurring on and prior to June 30, 2008 December 31, 2006, have been fully paid or otherwise resolved and shall include provisions for:
(1) The termination of assessments against insurers or self-insurers; (2) The pro rata refund of assessments previously collected and unexpended; (3) The termination of employment of the employees of the fund or the transfer of employment of any employees to any other state agency desiring to accept them; (4) A final accounting of the financial affairs of the fund; and

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(5) The transfer of the books, records, and property of the fund to the custody of the State Board of Workers Compensation. Upon the completion of all matters provided for in such resolutions, but not later than December 31, 2020, the Subsequent Injury Trust Fund and the members of its board of trustees shall be discharged from their duties except for such personnel necessary to administer any remaining claims."

SECTION 2. This Act shall become effective 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 Coan of the 101st moves to amend the Senate substitute to HB 200 by striking "December 31, 2006" and inserting in its place "June 30, 2006" twice on line 4 of page 1 and once on line 6 of page 1.

By striking "December 31, 2006" and inserting in its place "June 30, 2006" on lines 16, 18, 21, and 26 of page 1 and line 2 of page 2.

Representative Coan of the 101st moved that the House agree to the Senate substitute, as amended by the House, to HB 200.

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

Y Abdul-Salaam Y Amerson
Anderson 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 Buckner, D

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

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

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

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

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3079

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

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

On the motion, the ayes were 113, nays 0.

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

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
Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

Representatives Floyd of the 99th, Kidd of the 115th, Lewis of the 15th, Marin of the 96th, May of the 111th, Reece of the 11th, 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 58. By Representatives Powell of the 29th and Rice of the 51st:

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 Senate amendments were read:

Senate Amendment #1

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The Senate moves to amend HB 58 by striking from line 28 of page 3 the following:

"or the Georgia Correctional Industries Administration".

Senate Amendment #2

The Senate moves to amend HB 58 by striking lines 14 and 15 of page 1 and inserting in lieu thereof the following:

"Correctional Industries Administration to use inmate labor to provide services; to provide for related matters; to provide".

By striking line 31 of page 3 and inserting in lieu thereof the following:

"(1) Assurance that inmates work is voluntary and that there shall be no retribution against inmates who do not volunteer;".

By striking lines 15 through 24 of page 6.

By renumbering Sections 7 and 8 as Sections 6 and 7, respectively.

Representative Powell of the 29th moved that the House agree to the Senate amendments to HB 58.

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 Benfield Y Benton Y Black Y Bordeaux Y Borders Bridges Y Brooks Y Brown Bruce Y Bryant Y Buckner, D Buckner, G Y Burkhalter Y Burmeister

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

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

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

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

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3081

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

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

On the motion, the ayes were 122, nays 0.

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

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

The motion prevailed.

Representatives Floyd of the 99th, Kidd of the 115th, Marin of the 96th, Reece of the 11th, 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 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 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.

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The following Senate amendments were read:
Senate Amendment #1
The Senate moves to amend HB 291 by striking lines 10 through 25 on page 5 and inserting in lieu thereof the following:
"(c) It is the intent of the General Assembly to mitigate geographic discrimination in the delivery of health care by recognizing the application of and payment for covered medical care provided by means of telemedicine, provided that such services are provided by a physician or by another health care practitioner or professional acting within the scope of practice of such health care practitioner or professional and in accordance with the provisions of Code Section 43-34-31.1. (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 Code Section 43-34-31.1 and 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.'"
Senate Amendment #2
The Senate moves to amend HB 291 by inserting after "deductibles;" on line 3 on page 1 "to authorize the Commissioner of Insurance to establish by rule or regulation a standard or uniform explanation of benefits form and remittance advice form relating to certain health insurance policies and contracts;".
By inserting after line 23 on page 4 the following:
"SECTION 3. Said title is further amended by striking Code Section 33-24-10.1, relating to standard or uniform claim form, and inserting in lieu thereof a new Code Section 33-24-10.1 to read as follows:
'33-24-10.1. (a) The Commissioner is authorized to establish by rule or regulation a standard or uniform claim form to be supplied by insurers on and after January 1, 1994, to their insureds for the purpose of filing claims under policies or contracts of accident and sickness insurance.
(b)(1) The Commissioner is authorized to establish by rule or regulation a standard or uniform explanation of benefits form and a standard or uniform remittance advice form to be supplied by an insurer or plan or any agent thereof to an insured, provider, beneficiary, claimant, or enrollee on and after July 1, 2005, for the purpose of paying

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or resolving claims filed under policies or contracts of accident and sickness insurance other than limited benefit insurance plans or policies. This authorization shall also apply to any explanation of benefits form and remittance advice form issued by a managed care plan as defined in Code Section 33-20A-3 or issued by the state health benefit plan or the board of regents health plan operated by the Department of Community Health pursuant to Code Section 31-5A-4. (2) For purposes of this Code section, "explanation of benefits" or "remittance advice" means any written or electronic communication from an insurer or plan or any agent thereof to an insured, provider, beneficiary, claimant, or enrollee which explains or attempts to explain the benefits paid or to be paid by the insurer, the plan, or other persons related to any claim submitted by or on behalf of the insured, provider, beneficiary, claimant, or enrollee. (3) Such rule or regulation shall, at a minimum, require the explanation of benefits form and the remittance advice form to be easily understood by a reasonable consumer and to contain:
(A) The amount of the claim to be paid by the insurer or plan; (B) The amount of the claim to be paid by any other person; (C) The amount of the claim for which the insured, beneficiary, claimant, or enrollee is personally responsible; and (D) Any additional information deemed by the Commissioner to be necessary to reduce confusion and promote the prompt payment and adjudication of claims. (c) The Commissioner shall file and maintain on file in the office of the Commissioner a true copy of the standard or uniform claim form and explanation of benefits form and remittance advice form designated as such and bearing the Commissioners authenticating signature and the date of filing.'"
By redesignating Sections 3 through 16 as Sections 4 through 17, respectively.
Representative Rogers of the 26th moved that the House disagree to the Senate amendments to HB 291.
The motion prevailed.
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 cross-

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reference; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Senate amendment was read:
The Senate moves to amend HB 366 by deleting lines 13-16 of page 3
By unanimous consent, further action on HB 366 was suspended until later in the legislative day.
The Speaker Pro Tem assumed the Chair.
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 Senate substitute 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 Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to commercial drivers

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licenses, so as to change definitions; to require applicants for a hazardous materials endorsement to successfully complete a security threat assessment; to provide for nonresident commercial drivers licenses; to provide penalties for violations; 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 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

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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:
"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 shall 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

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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 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,

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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 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

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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 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. Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to commercial drivers licenses, is amended by striking paragraphs (7), (9), and (22) of

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Code Section 40-5-142, relating to definitions regarding commercial drivers licenses, and inserting in their respective places the following:
"(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 commercial vehicle operated by military personnel for military purposes, 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 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 to exempt said classes." "(9) 'Conviction' means a an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the persons appearance in court, a plea of guilty or nolo contendere accepted by the court, a finding of guilt, or the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended, or probated." "(22) 'Serious traffic violation' means conviction of any of the following offenses when operating a commercial motor vehicle or a noncommercial motor vehicle: (A) Speeding 15 or more miles per hour above the posted speed limit; (B) Reckless driving, as defined under state or local law; (C) Following another vehicle too closely, as defined under state or local law; (D) Improper or erratic lane change which presents a risk to any other vehicle, but not including failure to signal a lane change; (E) A violation, arising in connection with a fatal crash, of state law or a local ordinance, relating to motor vehicle traffic control, excluding parking, weight, length, height, and vehicle defect violations; (F) A railroad grade crossing violation as defined under state law or local ordinance; (G) Driving a commercial motor vehicle without obtaining a commercial drivers license;

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(H) Driving a commercial motor vehicle without a valid commercial drivers license in the drivers immediate possession; or (I) Driving a commercial motor vehicle without a commercial drivers license of the proper class and/or endorsements for the specific vehicle being operated or for the passengers or type of cargo transported."
SECTION 7. Said article is further amended by adding a new paragraph (4) to subsection (c) of Code Section 40-5-147, relating to requirements for issuance of licenses, to read as follows:
"(4) An applicant for a hazardous materials endorsement must successfully complete a security threat assessment conducted by the federal Transportation Security Administration or its agent prior to the issuance of such an endorsement."
SECTION 8. Said article is further amended by inserting a new Code section immediately following Code Section 40-5-148.1, relating to restricted commercial licenses for persons in the agricultural industry, to read as follows:
"40-5-148.2. If an individual is domiciled in another state while that state is prohibited from issuing commercial drivers licenses in accordance with Title 49 C.F.R. Section 384.405, that individual is eligible to obtain a nonresident commercial drivers license. That individual shall provide the information specified in Code Section 40-5-149. The department shall promulgate rules and regulations as necessary to implement this Code section, in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' within 90 days of being notified that a state will be prohibited from issuing commercial drivers licenses."
SECTION 9. Said article is further amended by inserting a new subsection (e) in Code Section 40-5-149, relating to contents of the application for a commercial drivers license, to read as follows: "(e) Before issuing a commercial drivers license, the department shall obtain driving record information through the Commercial Driver License Information System and the National Driver Register and shall request driving record information from each state in which the applicant has been licensed within the past ten years."
SECTION 10. Said article is further amended by striking subsection (h) of Code Section 40-5-150, relating to contents of a commercial drivers license, and inserting in its place the following:
"(h) When applying for renewal of a commercial drivers license, the applicant shall complete the application form required by subsection (a) of Code Section 40-5-149, providing updated information and required medical certifications. If the applicant

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wishes to retain a hazardous materials endorsement, the written test for a hazardous materials endorsement must be taken and passed. In addition, an applicant for a hazardous materials endorsement must successfully complete a security threat assessment conducted by the federal Transportation Security Administration or its agent prior to the issuance of such an endorsement."
SECTION 11. Said article is further amended by striking Code Section 40-5-151, relating to disqualification from driving and action required after suspending, revoking, or canceling license or nonresident privileges, and inserting in its place the following:
"40-5-151. (a) Any person is disqualified from driving a commercial motor vehicle for a period of not less than one year:
(1) If convicted of a first violation of: (A) Any offense specified in Code Section 40-5-54 that occurs while the person is driving or being in actual physical control of a moving commercial motor vehicle or a moving noncommercial vehicle; (B) Driving or being in actual physical control of a moving commercial motor vehicle while there is 0.04 percent or more by weight of alcohol in his or her blood, breath, or urine; or (C) Driving or being in actual physical control of a moving noncommercial vehicle in violation of Code Section 40-6-391; or (D) Driving while his or her license is suspended, revoked, or canceled or while he or she is otherwise disqualified from operating a commercial motor vehicle; or
(2) For refusal to submit to a test as prescribed in Code Section 40-5-55 to determine the drivers alcohol concentration while driving a commercial motor vehicle or a noncommercial motor vehicle. (b) Any person is disqualified from driving a commercial motor vehicle for a period of not less than three years if convicted of a first violation of using a commercial motor vehicle in the commission of a felony or for offenses specified in paragraph (1) of subsection (a) of this Code section, provided that the vehicle being operated or used in connection with such violation or commission of such felony is transporting a hazardous material required to be placarded under Section 105 of the Hazardous Material Transportation Act. (c) Any person is disqualified from driving a commercial motor vehicle for life if convicted of two or more violations of any of the offenses specified in subsection (a) of Code Section 40-5-54 or Code Section 40-6-391, the refusal to submit to state administered chemical testing as prescribed by Code Section 40-5-55, or any combination of those offenses or refusals, arising from two or more separate incidents. (d) The department may issue regulations establishing guidelines, including conditions, under which a disqualification for life under subsection (c) of this Code section may be reduced to a period of not less than ten years. The department is not authorized to make any other reduction in a term of disqualification or to issue a limited or other permit or

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license that would allow the operation of a commercial motor vehicle during the term of disqualification mandated by this Code section. (e) Any person is disqualified from driving a commercial motor vehicle for life who knowingly uses a commercial motor vehicle in the commission of any felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to manufacture, distribute, or dispense a controlled substance.
(f)(1) Except as otherwise provided by paragraph (2) of this subsection, any person is disqualified from driving a commercial motor vehicle for a period of not less than 60 days if convicted of two serious traffic violations or 120 days if convicted of three serious traffic violations committed in a commercial motor vehicle or a noncommercial motor vehicle arising from separate incidents occurring within a three-year period as measured from the dates of arrests for which convictions were obtained. (2) If the serious traffic violation committed in a commercial motor vehicle is a railroad grade crossing violation, the person shall be disqualified from driving a commercial motor vehicle for a period of not less than 60 days upon the first conviction within a three-year period as measured from the dates of arrests for which convictions were obtained, for not less than 120 days if convicted of two railroad grade crossing violations arising from separate incidents within a three-year period as measured from the dates of arrests for which convictions were obtained, or for not less than one year if convicted of three railroad grade crossing violations arising from separate incidents within a three-year period as measured from the dates of arrests for which convictions were obtained. (g) Any person is disqualified from driving a commercial motor vehicle for a period of not less than 60 days if it is determined, in a check of an applicants license status and record prior to issuing a commercial drivers license, or at any time after the commercial drivers license is issued, that the applicant has falsified information on his or her application or any related filing. (g)(h)(1) Any person is disqualified from driving a commercial motor vehicle based on the following violations of out-of-service orders:
(A) First violation -- a driver who is convicted of a first violation of an out-ofservice order is disqualified for a period of not less than 90 days and not more than one year; (B) Second violation -- a driver who is convicted of two violations of out-ofservice orders in separate incidents is disqualified for a period of not less than one year and not more than five years; and (C) Third or subsequent violation -- a driver who is convicted of three or more violations of out-of-service orders in separate incidents is disqualified for a period of not less than three years and not more than five years. (2) Any person is disqualified for a period of not less than 180 days nor more than two years if the driver is convicted of a first violation of an out-of-service order while transporting hazardous materials required to be placarded under Section 105 of the Hazardous Materials Transportation Act or while operating a commercial motor

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vehicle designed to transport more than 16 passengers, including the driver. A driver is disqualified for a period of not less than three years nor more than five years if during any ten-year period the driver is convicted of any subsequent violations of outof-service orders, in separate incidents, while transporting hazardous materials required to be placarded under Section 105 of the Hazardous Materials Transportation Act or while operating a commercial motor vehicle designed to transport more than 16 passengers, including the driver. (3) Whenever the operator of a commercial motor vehicle is issued an out-of-service order, a copy of such order shall be issued to the operator of the commercial motor vehicle, the operator of the commercial motor vehicles employer, and a copy or notice of such out-of-service order shall be provided to the department. The form of such out-of-service order, the procedures for notifying the department upon the issuance of such an order, and other matters relative to the issuance of out-of-service orders and violations thereof shall be provided in rules and regulations promulgated by the commissioner. (h)(i) After suspending, revoking, or canceling a commercial drivers license, the department shall update its records to reflect that action within ten days. After suspending, revoking, or canceling a nonresident commercial drivers privileges, the department shall notify the licensing authority of the state which issued the commercial drivers license within ten days."
SECTION 12. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by inserting a new chapter to read as follows:
"CHAPTER 12A
43-12A-1. This chapter shall be known and may be cited as the 'Ignition Interlock Device Providers Act.'
43-12A-2. 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.

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(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 (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

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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; (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:

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(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; (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

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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 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 13. 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

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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 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.

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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 14. 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 15. 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

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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 16. 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."
SECTION 17. Said chapter is further amended by striking subsection (a) of Code Section 43-13-10,

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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. 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."

SECTION 18. This Act shall become effective on July 1, 2005, except for Section 12, which shall become effective on January 1, 2006.

SECTION 19. All laws and parts of laws in conflict with this Act are repealed.

Representative Rice of the 51st moved that the House agree to the Senate substitute to HB 367.

On the motion, 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 Y Bordeaux Y Borders
Bridges Y Brooks Y Brown Y Bruce
Bryant Y Buckner, D Y Buckner, G
Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter

Y Crawford Cummings Davis
Y Day E Dean Y Dickson
Dodson 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 Golick Y Graves, D Graves, T Y Greene

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

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

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

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

On the motion, the ayes were 145, nays 0.

Randall Y Ray
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 Y Williams, A
Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

Representatives Floyd of the 99th, Heard of the 104th, Marin of the 96th, Reece of the 11th, 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 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 Senate amendments were read:

Senate Amendment #1

The Senate moves to amend HB 306 by striking on line 22 on page 1 the following word: (any) and inserting the word (such).

Senate Amendment #2

The Senate moves to amend HB 306 by striking "written" on lines 20 and 21 of page 1 and inserting in its place "advance written".

Representative Rice of the 51st moved that the House agree to the Senate amendments to HB 306.

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

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

Y Crawford Cummings
Y Davis Y Day E Dean Y Dickson
Dodson Dollar Y Drenner Y Dukes Y Ehrhart Y England Epps Y Fleming Floyd, H Y Floyd, J N Fludd Y Forster 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 E 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
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 Lunsford Y Maddox E Mangham Y Manning Marin Y Martin

On the motion, the ayes were 140, nays 1.

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 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
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 Y Shaw Y Sheldon Y Sims, C Y Sims, F
Sinkfield Y Smith, B
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
Walker Y Warren Y Watson Y Wilkinson
Willard Y Williams, A
Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

Representatives Floyd of the 99th, Marin of the 96th, Reece of the 11th, and StanleyTurner 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 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

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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 following Senate amendment was read:

The Senate moves to amend HB 428 by striking on lines 14 and 15 on page 4 the following words:

"on the cover page or signature page".

Representative Keen of the 179th moved that the House agree to the Senate amendment to HB 428.

On the motion, 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
Burkhalter Y Burmeister Y Burns
Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole

Y Crawford Cummings
Y Davis Day
E Dean Y Dickson
Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England
Epps Y Fleming
Floyd, H 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 Y Heckstall

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
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
Lunsford Y Maddox

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
Parsons Y Porter Y Powell Y Ralston
Randall Y Ray
Reece, B Y Reece, S Y Reese Y Rice

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

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Y Coleman, B Coleman, T Cooper
Y Cox

E Hembree Henson
Y Hill, C Y Hill, C.A

E Mangham Y Manning
Marin Y Martin

On the motion, the ayes were 142, nays 0.

Y Roberts Y Rogers Y Royal Y Rynders

Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

Representatives Floyd of the 99th, Marin of the 96th, Reece of the 11th, and StanleyTurner 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 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 Senate 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

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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.
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 wholesale distributor 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 except such local ordinances or regulations that existed on or before December 31, 2004. Effective January 1, 2006 the subsection shall preempt all local ordinances.

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(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. (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 wholesale distributor who sells, transfers, purchases for resale, or otherwise furnishes any product containing pseudoephedrine must first obtain a license from the Board of Pharmacy; provided, however, that a wholesale distributor that has a valid license as a wholesale distributor under Code Section 26-4-113 shall not be required to obtain an additional license under this Code section. (2) Wholesale distributors licensed under Code Section 26-4-113 shall be subject to the provisions of this Code section in the same manner as wholesale distributors licensed under this Code section. (3) Every wholesale distributor 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

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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 wholesale distributor which the wholesaler judges to be excessive. (4) Whenever any firm or person located in this state receives, purchases, or otherwise gains access to products containing pseudoephedrine from any wholesale distributor, whether located in or outside this state, such firm or person shall maintain a copy of such wholesale distributor's 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 wholesale distributor. (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.

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(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 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) Knowingly convey such substance to another for use in the manufacture of a Schedule I or Schedule II controlled substance.

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(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; (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 July 1, 2005.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Neal of the 1st moved that the House agree to the Senate substitute to HB 216.

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

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

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

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 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

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

Y Johnson Y 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 Lord Y Loudermilk Lucas Lunsford Y Maddox E Mangham Y Manning Marin Y Martin

On the motion, the ayes were 140, nays 2.

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

The motion prevailed.

Representatives Floyd of the 99th, Marin of the 96th, 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 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.

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The following Senate substitute was read:
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 certain contribution rates and credits; 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, 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 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:

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"(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 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

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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 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

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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; (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

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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. (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 the introductory language to subsections (c) and (e) of Code Section 34-8-155, relating to benefit experience, and inserting in lieu thereof new introductory language to read as follows:
"(c) For the periods prior to April 1, 1987, or after December 31, 2005 2011, variations from the standard rate of contributions shall be determined in accordance with the following requirements:" "(e) For the periods on or after January 1, 2000, but on or before December 31, 2005 2011, variations from the standard rate of contributions shall be determined in accordance with the following requirements:".

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SECTION 5. 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 6. 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 (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.

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(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 7. 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 8. 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."
SECTION 9. 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

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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; (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;

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(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 9A. Said chapter is further amended by striking in its entirety division (iii) of subparagraph (B) of paragraph (2) of Code Section 34-8-194, relating to the grounds for disqualification of benefits, and inserting in lieu thereof the following:
"(iii) The discharge occurred because of absenteeism and the absences were caused by illness of the claimant or a family member, unless the claimant has without justification failed to notify the employer or the absence for such illness which led to discharge followed a series of absences, the majority of which were attributable to fault on the part of the claimant in direct violation of the employers attendance policy and regarding which the claimant has been advised in writing, prior to any of the absences, that unemployment benefits may be denied due to such violations of the employers policy on attendance; provided, however, that no waiver of an employees rights under the federal Family and Medical Leave Act of 1993, as amended, or any other applicable state or federal law shall be construed under this division;".
SECTION 10. 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

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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 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 10A. 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 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 12. All laws and parts of laws in conflict with this Act are repealed.
Representative Coan of the 101st moved that the House agree to the Senate substitute to HB 520.

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

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 Y Brooks Y Brown
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
Coleman, T Cooper Y Cox

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

Holmes Y Holt Y Horne Y Houston
Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James
Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S
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
Lucas Lunsford Y Maddox E Mangham Manning Marin Y Martin

Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Miller Y Mills
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 Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston
Randall Ray 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 Y Smith, B
Smith, L Y Smith, P Y Smith, R
Smith, T Y Smith, V
Smyre Stanley-Turner Y Stephens N Stephenson Y Talton Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Warren N Watson Y Wilkinson Y Willard Y Williams, A Williams, E Y Williams, R Wix Y Yates Richardson, Speaker

On the motion, the ayes were 124, nays 12.

The motion prevailed.

Representative Burmeister of the 119th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

Representatives Marin of the 96th 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.

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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 Senate amendment was read:

The Senate moves to amend HB 312 by striking lines 23, 24, and 25 of page 25 and inserting in their place the following:

"'(c) Except as authorized by Article 3 of Chapter 5 of Title 50, the The department is prohibited from entering into any contract for the purchase of supplies, materials, and equipment, except as authorized by Article 3 of Chapter 5 of Title 50 or services, except those services ancillary to the construction and maintenance of a public road.'"

The following amendment was read and adopted:

Representative Freeman of the 140th moves to amend HB 312 by inserting after "Budget" on line 28 on page 21 "consistent with legislative appropriations".

Representative Freeman of the 140th moved that the House agree to the Senate amendment, as amended by the House, to HB 312.

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

Y Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard
Barnes

Crawford Cummings Y Davis Y Day E Dean Y Dickson

Y Holmes Y Holt Y Horne Y Houston
Howard Y Hudson

Y Maxwell Y May
McCall E McClinton Y Meadows Y Millar

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw

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

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

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

On the motion, the ayes were 131, nays 4.

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

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 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
Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

Representatives Floyd of the 99th, Forster of the 3rd, and Marin of the 96th 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 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

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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 following Senate substitute was read:
A BILL
To amend provisions of the Official Code of Georgia Annotated, relating to education; 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 amend Chapter 15 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Medical Center Authority, so as to change certain provisions relating to establishment of the authority, appointment of members, terms of office, vacancies, removal from office, compensation, authoritys existence, accountability of members, and assignment; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, grants, and loans, is amended by striking subparagraph (JJ) of paragraph (1) of Code Section 20-3-266, relating to powers and duties of the Georgia Higher Education Assistance Corporation, and inserting in lieu thereof a new subparagraph (JJ) to read as follows:
"(JJ) To do any and all things necessary, desirable, convenient, or incidental for the accomplishment of the objectives of this chapter and to exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the public purposes of the corporation or the Constitution and laws of this state, including, but not limited to:
(i) The power to retain accounting and other financial services; (ii) The power to purchase all kinds of insurance, including, without limitation, insurance against tort liability and against risks of damage to property; (iii) The power to indemnify and hold harmless any parties contracting with the corporation or its agents from damage to persons or property; and

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(iv) The power to act as a self-insurer with respect to any loss or liability and to create insurance reserves;".
SECTION 2. Said article is further amended by striking subparagraph (W) of paragraph (1) of Code Section 20-3-316, relating to the powers and duties of the Georgia Student Finance Authority, and inserting in lieu thereof a new subparagraph (W) to read as follows:
"(W) To do any and all things necessary, desirable, convenient, or incidental for the accomplishment of the objectives of this chapter and to exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the public purposes of the authority or the Constitution and laws of this state, including, but not limited to:
(i) The power to retain accounting and other financial services; (ii) The power to purchase all kinds of insurance, including, without limitation, insurance against tort liability and against risks of damage to property; (iii) The power to indemnify and hold harmless any parties contracting with the authority or its agents from damage to persons or property; and (iv) The power to act as a self-insurer with respect to any loss or liability and to create insurance reserves; and".
SECTION 3. Said article is further amended by striking subsection (a) of Code Section 20-3-344, relating to issuance of bonds and notes of authority, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The authority is authorized to provide for the issuance of bonds of the authority not to exceed $150 $300 million aggregate principal amount outstanding at any one time excluding bonds issued to refund outstanding bonds of the authority to carry out and effectuate its purposes and powers under this subpart. In anticipation of the issuance of such bonds, the authority also is authorized to provide for the issuance of notes. Such bonds or notes may be issued at one time or from time to time, provided the aggregate principal amount of such bonds and notes outstanding at any one time shall not exceed the amount authorized by this subsection, excluding bonds or notes issued to refund outstanding bonds or notes of the authority. The principal of, premium, if any, and the interest on such bonds or notes shall be payable solely from the funds provided for in this subpart for such payment. Any such notes may be made payable from the proceeds of bonds or renewal notes, or in the event bond or renewal note proceeds are not available, such notes may be paid from revenues or assets available to the authority for this purpose under this subpart in accordance with resolutions or other agreements with holders of any outstanding bonds or other obligations of the authority. The bonds or notes of each issue shall be dated, shall bear interest at such rates, may be redeemable before maturity at the option of the authority at such price or prices as may be determined by the authority, and shall be under such other terms and conditions as may be determined by the authority. Notes shall mature

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at such time or times, not exceeding five years from their date or dates, and bonds shall mature at such time or times, not exceeding 40 years from their date or dates, as may be determined by the authority. The authority shall determine the form of such bonds or notes, including coupon form, registered form, registration as to principal only, or all of the foregoing forms, and shall determine the right of reconversion or interchange into other forms. The authority shall fix the denomination or denominations and the place or places of payment of principal and interest, which may be any bank or trust company within or outside the state. All such bonds shall be executed in the name of the authority by the chairperson and the secretary of authority and shall be sealed with the official seal of the authority or a facsimile thereof. Coupons shall be executed in the name of the authority by the chairperson of the authority. The facsimile signature of either the chairperson or the secretary of the authority may be imprinted in lieu of the manual signature if the authority so directs and the facsimile of the chairpersons signature shall be used on coupons. In case any officer whose signature or a facsimile of whose signature shall appear on any bonds or notes or coupons attached thereto shall cease to be such officer before the delivery thereof, his or her signature or facsimile signature shall nevertheless be valid and sufficient for all purposes as if he or she had remained in office until such delivery. The authority may also provide for the authentication of the bonds or notes by a trustee or fiscal agent. Prior to the preparation of definitive bonds, the board of directors may issue interim receipts, interim certificates, or temporary bonds exchangeable for definitive bonds upon the issuance of the latter. The authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this part. Upon the approval of a resolution of the authority authorizing the sale of its bonds or notes, such bonds or notes may be sold in such manner, either at public or private sale, and for such price as the authority shall determine to be in the best interests of the authority and to effectuate best its purposes under this subpart."
SECTION 4. Said article is further amended by striking subsection (c) of Code Section 20-3-374, relating to service cancelable loan fund, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) All students receiving loans under this Code section shall execute, prior to the disbursement of any loan proceeds to or for the benefit of that student, a promissory note containing the terms and conditions of the service repayment and cash repayments. Except as prohibited by federal or other state laws, individuals that fail to fulfill the terms and conditions of cash repayment may, without judicial action, be subject to garnishment of their pay, loss of a professional license, offset of lottery winnings, and offset of a state tax refund in accordance with rules and regulations promulgated by the authority not inconsistent with the provisions of this part."

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SECTION 5. Said article is further amended by striking subsection (b) of Code Section 20-3-519.11, relating to Georgia Student Finance Commission, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Notwithstanding any provision of this part, the Georgia Student Finance Commission is authorized to promulgate rules and regulations restricting eligibility for the scholarships and grants described in this part or reducing the dollar amount of scholarships and grants described in this part in accordance with the provisions of Code Section 50-27-13. In addition to other remedies available at law and equity, the Georgia Student Finance Commission is authorized to enter into repayment agreements with students that owe refunds to the Georgia Student Finance Commission of any scholarship or grant described in this part. Except as prohibited by federal or other state laws, individuals that owe refunds and fail to enter into repayment agreements with the Georgia Student Finance Commission are, without judicial action, subject to garnishment of their pay, loss of a professional license, offset of lottery winnings, and offset of a state tax refund in accordance with rules and regulations promulgated by the Georgia Student Finance Commission not inconsistent with the provisions of this part. As used in this subsection, the term 'refund' shall mean scholarship and grant amounts paid to or on behalf of students subsequently, in accordance with rules and regulations promulgated by the Georgia Student Finance Commission, determined to be ineligible to receive such funds."
SECTION 6. Chapter 15 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Medical Center Authority, is amended by striking Code Section 20-15-3, relating to establishment of the authority, appointment of members, terms of office, vacancies, removal from office, compensation, authoritys existence, accountability of members, and assignment and inserting in lieu thereof the following:
"20-15-3. (a) There is created a body corporate and politic to be known as the Georgia Medical Center Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation; and by that name, style, and title such body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of this state. (b) The authority shall consist of 15 members. Eleven members shall be appointed by the Governor for staggered initial terms of office as follows: four members for two years, and seven members for three years. Two members shall be appointed by the Speaker of the House of Representatives to serve initial terms of office of two years and two members shall be appointed by the President of the Senate to serve initial terms of office of two years. The authority shall consist of seven members as follows:
(1) Those persons appointed to the authority prior to July 1, 2005, and serving for terms to expire in June, 2006, shall continue to serve for the remainder of the terms to which they were appointed;

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(2)(A) In 2005 and quadrennially thereafter, the Governor shall appoint two members. (B) In 2006 and quadrennially thereafter, the Governor shall appoint three members; (3) In 2005 and quadrennially thereafter, the Senate Committee on Assignments shall appoint one member; and (4) In 2006 and quadrennially thereafter, the Speaker of the House of Representatives shall appoint one member. After their initial terms of office, members Except as otherwise provided by paragraph (1) of this subsection, members shall serve for terms of office of four years each. Members shall serve for the terms of office specified and until the appointment and qualification of their respective successors. No person may be appointed as a member of the authority unless that person has been a resident of this state for at least two years and is at least 21 years of age. Any elected or appointed state, county, municipal, or school board official or employee, except members of the board of regents and officials and employees of the legislative or judicial branches of state government, are authorized to be appointed as members of the authority, and any person so appointed is authorized to serve as a member of the authority. (c) All successors shall be appointed in the same manner as original appointments. Members may be eligible for reappointment. 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. The authority shall elect its own officers. A majority of the membership of the authority constitutes shall constitute a quorum. No action shall be taken by the authority except in the presence of a quorum and upon approval of a majority of those members present. No vacancy on the authority shall impair the right of the quorum to exercise all rights and perform all duties of the authority. The authority shall otherwise provide for its own organization and conduct of business according to Roberts Rules of Order. (d) The Governor, after notice and opportunity for hearing, may remove from office any member of the authority for any of the following reasons: (1) Inability or neglect to perform the duties required of members; (2) Failure to attend, without prior approval of the chairperson of the authority, four consecutive regularly scheduled meetings of the authority; (3) Incompetence; or (4) Dishonest conduct. (e) The members of the authority shall receive a daily expense allowance and reimbursement for transportation costs as provided for in Code Section 45-7-21; and the members of the authority shall not receive any other compensation for their services as such. (f) The authority shall have perpetual existence. Any change in name or composition of the authority shall in no way affect the vested rights of any person under this chapter or impair the obligations of any contracts existing under this chapter. (g) The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and

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expenditures of every kind and shall submit for inspection all the books, together with the proper statement of the authoritys financial position, to the state auditor. (h) The authority is assigned to the Department of Community Affairs Economic Development for administrative purposes only."

SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

Representative Martin of the 47th moved that the House agree to the Senate substitute to HB 298.

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

Abdul-Salaam Y Amerson Y Anderson Y Ashe
Barnard Barnes Y Bearden Beasley-Teague 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 Burmeister Y Burns Y Butler Byrd Y Carter Y Casas Chambers Y Channell Y Cheokas Y Coan Cole Coleman, B Coleman, T Y Cooper Y Cox

Crawford Cummings Y Davis Y Day E Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Fleming Floyd, H Y Floyd, J Y Fludd Forster N 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 Y Heckstall E 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 E Jennings
Johnson Y 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 Loudermilk Y Lucas Lunsford Y Maddox E Mangham Manning Marin Y Martin

On the motion, the ayes were 132, nays 1.

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

Y Sailor Scheid
Y Scott, A 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 Williams, A Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker

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The motion prevailed.
Representatives Floyd of the 99th, Forster of the 3rd, and Marin of the 96th 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 insists on its substitute to the following bill of the House:
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 Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Moody of the 56th, Wiles of the 37th, and Shafer of the 48th.

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The Senate has disagreed to the House substitute to the following bill of the Senate:
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.
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 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.
Representative Roberts of the 154th moved that the House insist on its position in disagreeing to the Senate substitute to HB 487 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 Roberts of the 154th, O`Neal of the 146th and Maddox of the 172nd.
The Speaker Pro Tem announced the House in recess until 2:45 o'clock this afternoon.

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The Speaker Pro Tem called the House to Order.
Representative Ehrhart of the 36th moved that the following Bill of the Senate be withdrawn from the Rules Calendar and recommitted to the Committee on Rules:
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 instances shall not result in a stay of a decision except under certain conditions; to repeal conflicting laws; and for other purposes.
The motion prevailed.
The following Resolutions of the House were read and adopted:
HR 718. By Representative Gardner of the 57th:
A RESOLUTION recognizing and commending Morningside Elementary School on its designation as a 2005 Georgia School of Excellence in Student Achievement; and for other purposes.
HR 720. By Representatives Murphy of the 120th, Howard of the 121st and Warren of the 122nd:
A RESOLUTION commending Coach Norman Bonner; and for other purposes.
HR 727. By Representative Morgan of the 39th:
A RESOLUTION commending New Order for its outstanding contributions to the Atlanta community; and for other purposes.
HR 728. By Representative Keen of the 179th:
A RESOLUTION honoring Reverend Eugene C. Tillman; and for other purposes.

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HR 729. By Representative Parrish of the 156th:
A RESOLUTION honoring Jean Morgan for her leadership in establishing the Vision Series at East Georgia College; and for other purposes.
HR 764. By Representative Holt of the 112th:
A RESOLUTION commending Coach Ronald Bradley; and for other purposes.
HR 766. By Representatives Burns of the 157th, Harbin of the 118th, Rogers of the 26th and Johnson of the 37th:
A RESOLUTION commending the Sylvania Rotary Club; and for other purposes.
HR 767. By Representative Ralston of the 7th:
A RESOLUTION expressing regret and condolences on the passing of Dr. Roger Starnes; and for other purposes.
HR 768. By Representative Ralston of the 7th:
A RESOLUTION expressing regret and condolences on the passing of William S. "Bill" Weissinger; and for other purposes.
HR 769. By Representative Freeman of the 140th:
A RESOLUTION commending Thomas Scott Brantley on attaining the rank of Eagle Scout; and for other purposes.
HR 770. By Representatives Burns of the 157th, Harbin of the 118th, Rogers of the 26th and Johnson of the 37th:
A RESOLUTION celebrating the centennial of Jenkins County, Georgia; and for other purposes.
HR 771. By Representatives Coan of the 101st, Sheldon of the 105th and Heard of the 104th:
A RESOLUTION commending the Collins Hill High School Lady Eagles basketball team; and for other purposes.

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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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:

HR 632 Do Pass

Respectfully submitted, /s/ Lane of the 158th
Chairman

The Speaker Pro Tem announced the House in recess until 3:30 o'clock this afternoon.

The Speaker Pro Tem called the House to Order.

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 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.

The following Committee substitute was read:

A BILL

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 change the portion to be divided equally; to remove a provision for expenditures incidental to economic development purposes; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 32-5-30 of the Official Code of Georgia Annotated, relating to allocation of state and federal funds, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following:
"(a)(1) The total of expenditures from the State Public Transportation Fund under paragraphs (4), (5), and (6) of Code Section 32-5-21 plus expenditures of federal funds appropriated to the department, not including any state or federal funds specifically designated for maintenance and operations, any project undertaken for purposes of the Developmental Highway System provided by Code Section 32-4-22, or any project of the Georgia Regional Transportation Authority, Georgia Ports Authority, or Metropolitan Atlanta Rapid Transit Authority, projects that have been earmarked by a member of Congress in excess of appropriated funds or where the Governor has designated the Department of Transportation as the designated recipient for Federal Transit Administration grants, shall be budgeted by the department over each five-year period commencing July 1, 1999, and quinquennially thereafter two successive budgeting periods every decade. (2) The first budgeting period shall commence immediately following redistricting of congressional districts and shall be for a duration of five years. The second budgeting period shall continue until the beginning of the budgeting period following the next redistricting of congressional districts after each decennial census; provided, however, if the congressional districts have been redrawn prior to a new decennial census, but after the approval of an existing map based on the last decennial census, the budgeting period shall include two successive budgeting periods. The first budgeting period shall end upon approval of the new redistricting and the second budgeting period shall commence from the date such redrawn congressional districts have been approved and shall continue until the next budgeting period following the next redistricting of congressional districts. The department shall budget such expenditures such that at the end of such budgeting period funding obligations equivalent to at least 85 80 percent of such total for such budgeting period shall have been divided equally among the congressional districts in this state, as those districts existed at the commencement of such budgeting period, for public road and other public transportation purposes in such districts; with the remainder of such total divided among such congressional districts such that 5 percent of such total for such period shall have been obligated for public road projects incidental to economic development purposes anywhere in this state, and no such congressional district shall have received funding obligations pursuant to this subsection for such period which are more than 20 percent greater than that received by any other such congressional district pursuant to this subsection for such period."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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The following amendment was read and adopted:

Representatives Graves of the 12th and Smith of the 129th move to amend the Committee substitute to SB 4 by deleting lines 19 through 21 on page 1 and inserting the following in lieu thereof:

"Congress in excess of appropriated funds shall be budgeted by the department over each five-year period".
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 E Anderson Y Ashe N Barnard Y Barnes Y Bearden N Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges
Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G
Burkhalter 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 Crawford Cummings
Y Davis Y Day E Dean Y Dickson
Dodson Y Dollar Y Drenner N Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H N Floyd, J Y Fludd Y Forster Y Franklin Y Freeman Y Gardner
Geisinger Y Golick Y Graves, D Y Graves, T N Greene N Hanner
Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall E Hembree Y Henson

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 Y Jones, J Y Jones, S
Jordan Y Keen N 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 E Mangham Y Manning

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
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 Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C E 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 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
Williams, A N 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

N Royal N Rynders

Yates Richardson, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 141, nays 12.

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

Representative Stanley-Turner of the 53rd 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, SB 4 was ordered immediately transmitted to the Senate.

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 Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:

SR 282 Do Pass

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

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:

Mr. Speaker:

The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:

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

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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.
The Senate insists on its amendments to the following bill of the House:
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 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 Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
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

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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 Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:

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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Bulloch of the 11th, Hudgens of the 47th, and Williams of the 19th.

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

SB 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.

The following substitute, offered by the Committee on Rules, was read:

A BILL

To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and drivers licenses, so as to prohibit the use of plastic, other types of material, or body parts covering license plates; to provide for administration of the DUI Alcohol or Drug Use Risk Reduction Program; to provide for administration of the Driver Improvement Program; to provide that fees for identification cards for persons who are 65 or over or indigent and need an identification card in order to vote shall be waived under certain

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circumstances; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles and drivers licenses, is amended by inserting immediately following Code Section 40-2-6 a new Code Section 40-2-6.1 to read as follows:
"40-2-6.1. Any person who willfully covers any license plate with plastic, other material, or any part of his or her body in order to prevent or impede the ability of surveillance equipment to clearly photograph or otherwise obtain a clear image of the license plate is guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000.00."
SECTION 2. Said title 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:
(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

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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 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

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(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 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

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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 3. Said title 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 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

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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 4. Said title 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 Driver Services a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere by a person to a charge of any drug related offense listed in this subsection shall, except as provided in subsection (c) of this Code section, constitute a conviction; (2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years, provided that after one year from the date of the conviction the person may apply to the department for reinstatement of his or her 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 Driver Services 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"

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"(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 5. Said title 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 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 6.

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Said title 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 7. Said title 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. (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

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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 8. Said title 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 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

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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 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

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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 9. Said title is further amended by adding a new subsection (d) to Code Section 40-5-103, relating to fees for identification cards, to read as follows:
"(d) The department shall not be authorized to collect a fee for an identification card from any person who:
(1)(A) Is 65 years of age or older; or (B) Swears under oath that he or she is indigent and cannot pay the fee for an identification card; and (2) Swears under oath that he or she desires an identification card in order to vote in a primary or election in Georgia and that he or she does not have any other form of identification that is acceptable under Code Section 21-2-417 for identification at the polls in order to vote. This subsection shall not apply to a person who has a valid drivers license issued under this chapter."
SECTION 10. This Act shall become effective on July 1, 2005.
SECTION 11. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Smith of the 129th moves to amend the Committee on Rules substitute to SB 93 by inserting "to create the Commercial Transportation Advisory Committee;" after "circumstances" on line 6 on page 1.
By adding a new Section 9.1 to read as follows:
"SECTION 9.1. Said title is further amended by inserting a new Code Section 40-16-8, immediately following Code Section 40-16-7, relating to the budget of the department of motor vehicle safety, 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

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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; (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.'"

The Rules 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:

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 Y Borders Y Bridges

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

N Holmes Y Holt Y Horne Y Houston N Howard Y Hudson N Hugley N Jackson N Jacobs N James N Jamieson Y Jenkins E Jennings N Johnson

Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Miller Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford

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

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

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
Heckstall E Hembree N Henson Y Hill, C Y Hill, C.A

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 N Lucas Y Lunsford Y Maddox E Mangham Y Manning N Marin Y Martin

Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock
Parham Y Parrish
Parsons N Porter
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, T Y Smith, V N Smyre N Stanley-Turner Y Stephens N Stephenson Y Talton N Teilhet
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, by substitute, as amended, the ayes were 111, nays 49.

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

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.

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 Crawford Y Cummings Y Davis N Day Y Dean Y Dickson

Y Holmes Y Holt Y Horne Y Houston
Howard Y Hudson

Y Maxwell Y May Y McCall E McClinton Y Meadows
Millar

Y Sailor Scheid
Y Scott, A Y Scott, M Y Setzler
Shaw

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Y Bearden Beasley-Teague
Y Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges N 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 N Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

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

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 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 E 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
Parham Y 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

On the passage of the Bill, the ayes were 148, nays 7.

Y Sheldon Y Sims, C E 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
Yates Richardson, Speaker

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

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 "nay" thereon.

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.

The following Committee substitute was read and withdrawn:

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A BILL
To amend Title 15 and Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating respectively to courts and legal defense for indigents, so as to clarify and change provisions relating to fees and collection of fees for indigent defense services; 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 change certain provisions relating to the procedure for reporting and remittance of certain funds collected by any clerk of court or other officer or agent of any court; to change certain provisions relating to the application fees for free legal services and remittance of funds; to clarify remittance of the $50.00 application fee to certain entities; to provide for an additional filing fee for notary public applications; to change provisions relating to an additional filing fee on civil actions in the probate courts; to change provisions relating to the system of reporting and accounting relating to the Georgia Superior Court Clerks Cooperative Authority; to authorize certain inquiries and audits; to authorize the recovery of attorneys fees and costs under certain circumstances; to provide for definitions; to provide for clarity regarding which entities may be entitled to collect attorneys fees and the mechanism for such collection; to correct a cross-reference relating to circuit public defender offices contracts with local governments; 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 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking Code Section 15-21-132, relating to assessment and collection of local victim assistance funds, and inserting in lieu thereof the following:
"15-21-132. (a) The sums provided for in Code Section 15-21-131 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from fines and shall be paid over to the Georgia Superior Court Clerks Cooperative Authority by the end of the month after the collection. The net proceeds shall be distributed by such authority as follows monthly:
(1) If the county where the fine was imposed operates or participates in any victim assistance program certified by the Criminal Justice Coordinating Council, then the moneys shall be paid over to the governing authority of the county for disbursement to those victim assistance programs; or (2) If the county where the fine was imposed does not operate or participate in any victim assistance program certified by the Criminal Justice Coordinating Council, then the moneys shall be paid over to the district attorney of the judicial circuit in which the county is located for the purpose of defraying the costs of victim assistance

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activities carried out by the district attorneys office. Such funds shall be paid over in the same manner as other county funds paid for operations of the district attorneys office and shall be in addition to rather than in lieu of any other such funds. All such funds shall be paid to the recipients by the last day of the month in which the funds are received; provided, however, that the governing authority of the county shall be authorized to hold as reserve funds an amount not to exceed 5 percent of the funds received by the governing authority in the preceding calendar year. (b) The Georgia Superior Court Clerks Cooperative Authority The court officer charged with the duty of collecting moneys arising from fines as provided for in Code Section 15-21-131 shall receive and distribute the funds collected pursuant to this Code section to the county governing authorities authority or district attorney, as appropriate, and shall submit a monthly report of the collection and distribution of such funds to the Georgia Superior Court Clerks Cooperative Authority, and the Georgia Superior Court Clerks Cooperative Authority shall submit a financial report to the Criminal Justice Coordinating Council each month stating the amount collected and the amount disbursed to each county governing authority no later than the last day of the month following the month in which the funds were collected. (c) The county governing authority receiving funds shall submit a financial report to the Criminal Justice Coordinating Council semiannually stating the recipients that directly received funds during such reporting period no later than the last day of the month following the reporting period in which the funds were collected in order to allow coordination of local, state, and federal funding sources for similar services. The Criminal Justice Coordinating Council shall report annually to the General Assembly the county governing authorities that failed to submit semiannual reports during the previous calendar year. (d) All recipients of funds pursuant to this Code section, except county governing authorities, shall submit an annual report to the Criminal Justice Coordinating Council. Such report shall include, but not be limited to, the total amount of funds received from each county governing authority pursuant to this Code section, the purposes for which the funds were expended, and the total number of victims served in each county for which the funds were received. A copy of each recipients annual report shall also be submitted to each county governing authority from which funds were received pursuant to this Code section. (e) The Criminal Justice Coordinating Council shall promulgate rules governing the certification of victim assistance programs. The rules shall provide for the certification of programs which are designed to provide substantial assistance to victims of crime in understanding and dealing with the criminal justice system as it relates to the crimes committed against them. It is the intention of the General Assembly that certification shall be liberally granted so as to encourage local innovations in the development of victim assistance programs. (f) The Criminal Justice Coordinating Council shall promulgate rules governing the revocation of certification of victim assistance programs. Such rules shall provide for the decertification of programs previously certified by the Criminal Justice

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Coordinating Council that are no longer in compliance with the rules promulgated by the Criminal Justice Coordinating Council pursuant to this Code section. (g) Moneys arising from fines imposed pursuant to Code Section 15-21-131 shall not be paid to any victim assistance program that has not been certified by the Criminal Justice Coordinating Council or to any program that has been decertified by such council. (h) Each calendar quarter, the Criminal Justice Coordinating Council shall prepare and publish, by document and posting on its website, a report that shall list each court which has not filed the reports required by subsection (b) of this Code section."
SECTION 2. Said title is further amended by striking Code Section 15-21A-4, relating to the procedure for reporting and remittance of certain funds collected by any clerk of court or other officer or agent of any court, and inserting in lieu thereof the following:
"15-21A-4. (a)(1) Each clerk of any court or any other officer or agent of any court receiving any funds subject to required to be remitted to the authority under this chapter on or after July 1, 2004, shall remit all such funds to the authority by the end of the month following the month in which such funds are received. Each clerk of any court or other officer or agent of any court receiving any funds required to be reported to the authority by this chapter or the rules and regulations of the authority promulgated in accordance with Code Section 15-21A-7 shall report such funds to the authority no later than 60 days after the last day of the month in which such funds are received. (2) The chief judge of superior court for each county shall have the authority to require compliance with paragraph (1) of this subsection by this chapter and with the rules and regulations of the authority promulgated by the authority in accordance with Code Section 15-21A-7 by any clerk, officer, or agent of any court within the county. If any court is more than 60 days delinquent or is habitually delinquent in remitting any funds or reports required under this Code section or Code Section 15-21A-6, chapter or by the rules and regulations of the authority promulgated in accordance with Code Section 15-21A-7, the authority shall notify the chief judge of superior court of the county in which the court is located.
(b) The authority shall prescribe uniform procedures and forms for the reporting and remittance of all funds subject to Code Section 15-21A-3 this chapter or the rules and regulations of the authority promulgated in accordance with Code Section 15-21A-7; and all clerks or other officers or agents remitting or reporting such funds shall use the prescribed procedures and forms in reporting and remitting funds to the authority. (c) The authority shall prescribe uniform rules, procedures, and forms relative to the partial or installment collection and remittance of funds subject to Code Section 1521A-3 reporting or remittance to the authority under this chapter or rules and regulations promulgated by the authority in accordance with Code Section 15-21A-7. Any funds held by any court or unit of local government on July 1, 2004, consisting of previously collected partial or installment payments shall be subject to the rules,

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procedures, and forms so prescribed and shall be remitted to the authority to the extent provided for in such rules and procedures. Funds collected that are partial or installment payments of costs, fees, and surcharges that are required by this chapter to be remitted to the authority shall be remitted to the authority by the end of the month following the month in which they were collected; provided, however, that the authority is authorized to provide by rules and regulations for a longer period of time for remitting such funds not to exceed six months. (d) The authority shall remit all funds collected to the designated receiving entities or general fund of the state treasury within 60 days of receiving such funds."
SECTION 3. Said title is further amended by striking in its entirety Code Section 15-21A-6, relating to additional filing fees, application fee for legal assistance, and remittance of funds, and inserting in lieu thereof the following:
"15-21A-6. (a) In addition to all other legal costs there shall be charged to the filing party and collected by the clerk an additional filing fee of $15.00 in each civil action or case filed in the superior, state, probate, recorders, mayors, and magistrate courts except that municipalities, counties, and political subdivisions shall be exempt from such fee. Without limiting the generality of the foregoing, such fee shall apply to all adoptions, certiorari, applications by personal representatives for leave to sell or reinvest, trade name registrations, notary public applications, applications for change of name, and all other proceedings of a civil nature. Any matter which is docketed upon the official dockets of the enumerated courts and to which a number is assigned shall be subject to such fee, whether such matter is contested or not.
(b)(1) As used in this subsection, the term 'civil action' means: (A) With regard to decedents estates, the following proceedings: petition for letters of administration; petition to probate a will in solemn form; petition for an order declaring no administration necessary; petition to probate a will in solemn form and for letters of administration with will annexed; and petition for years support; (B) With regard to a minor guardianship matter as set forth in paragraph (1) of subsection (f) of Code Section 15-9-60, the proceeding by which the jurisdiction of the probate court is first invoked; (C) With regard to an adult guardianship matter as set forth in paragraph (1) of subsection (g) of Code Section 15-9-60, the proceeding by which the jurisdiction of the probate court is first invoked; and (D) An application for writ of habeas corpus.
(2) In addition to all other legal costs there shall charged to the filing party and collected by the clerk an additional fee of $15.00 in each civil action filed in the probate court. For the purposes of the imposition of the civil filing fee required by this subsection, the probate court shall collect the civil filing fee on each proceeding listed in subparagraph (A) of paragraph (1) of this subsection involving a decedent but once

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only in a guardianship matter involving the same ward or an application for writ of habeas corpus involving the same applicant. (c) Any person who applies for or receives legal defense services under Chapter 12 of Title 17 shall pay the entity providing the services a single fee of $50.00 for the application for, receipt of, or application for and receipt of such services. The application fee may not be imposed if the payment of the fee is waived by the court. The court shall waive the fee if it finds that the applicant is unable to pay the fee or that hardship will result if the fee is charged. (c)(d) Each clerk of court, each indigent defense program, or any other officer or agent of any court receiving any funds subject to this Code section shall collect the additional fees provided in this Code section and shall pay such moneys over to the authority by the last day of the month after the month of collection, to be deposited by the authority into the general fund of the state treasury. (d)(e) It is the intent of the General Assembly that all funds derived under this Code section shall be made available through the general appropriations process and may be appropriated for purposes of funding indigent defense. (e)(f) A public entity other than an entity providing legal defense services under Chapter 12 of Title 17 may charge, in addition to any other fee or surcharge authorized by law, a $50.00 application fee unless waived by the court for inability to pay or hardship. Any such fee shall be retained by the entity providing the services or used as otherwise provided by law and shall not be subject to payment to the authority or deposit into the state treasury. (g) For the purposes of this Code section, a county or municipality that provides indigent defense services or that contracts with a circuit public defender office for the provision of indigent defense services in courts other than the superior and juvenile court is deemed to be the entity providing the legal defense services and is entitled to impose and collect the application fee authorized by subsection (f) of this Code section."
SECTION 4. Said title is further amended by striking subsection (b) of Code Section 15-21A-7, relating to the definition of court and the system for reporting and accounting, and inserting in lieu thereof the following:
"(b) The authority shall develop promulgate rules and regulations for the administration of this chapter. Such rules and regulations shall include but not be limited to a reporting and accounting system for all court fines and fees and all surcharges on and deductions from any court fines and fees that are authorized to be collected or disbursed in any court. The authority shall develop a system that employs controls necessary to determine the accuracy of the fine and fee collections and disbursement by each clerk of court or other officer or agent of any court receiving any fines and fees. No later than 60 days after the end of the last day of each month, each such clerk of court and, if there is no clerk of court, any court officer, judge, or other agent of the court shall report to the authority on a reporting system prescribed by the

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authority. Any entity doing business with such clerk or agents any court and all agencies and instrumentalities of the state shall cooperate in providing on a timely basis provide any information or data requested by the authority in a format prescribed by the authority by rule or regulation. The authority is authorized to make inquiries to clerks of court, court officers, judges, or agents of any court and agencies or instrumentalities of the state as well as any other parties for the purpose of determining the accuracy of any fines and fees collected or disbursed by a court and is authorized where it determines appropriate to conduct audits of any parties to assist in ensuring the accuracy of the system developed by the authority."
SECTION 5. Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense for indigents, is amended by striking subsection (d) of Code Section 17-12-23, relating to contracts with local governments, and inserting in lieu thereof the following:
"(d) A city, or county, or consolidated government may contract with the circuit public defender office for the provision of criminal defense for indigent persons accused of violating city, or county, or consolidated government ordinances or state laws. If a city, or county, or consolidated government does not contract with the circuit public defender office, the city, or county, or consolidated government shall be subject to all applicable standards adopted by the council for representation of indigent persons in this state."
SECTION 6. Said chapter is further amended by inserting a new Article 2A to the chapter to read as follows:
"ARTICLE 2A
17-12-50. As used in this article, the term:
(1) 'Paid in part' means payment by a county or municipality for a part of the cost of the provision of indigent defense services pursuant to a contract with a circuit public defender office as set forth in subsection (d) of Code Section 17-12-23. The term does not include payment by a county or municipality for office space and other supplies as set forth in Code Section 17-12-34. (2) 'Public defender' means an attorney employed by a circuit public defender office, an attorney who is a conflict defender, or any other attorney who is paid from public funds to represent an indigent person in a criminal case.
17-12-51. (a) When a defendant who is represented by a public defender, who is paid in part or in whole by a county, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all

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or a portion of the cost for providing legal representation and other expenses of the defense if the payment does not impose a financial hardship upon the defendant or the defendants dependent or dependents. The defendant shall make the payment through the probation department to the county. (b) When a defendant who is represented by a public defender, who is paid in part or in whole by a municipality, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other expenses of the defense if the payment does not impose a financial hardship upon the defendant or the defendants dependents or dependents. The defendant shall make the payment through the probation department to the municipality. (c) If a defendant who is represented by a public defender, who is paid for entirely by the state, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other costs of the defense if the payment does not impose a financial hardship upon defendant or the defendants dependent or dependents. The defendant shall make the payment through the probation department to Georgia Public Defender Standards Council for payment to the general fund of the state treasury. It is the intent of the General Assembly that all funds collected under this subsection shall be made available through the general appropriations process and may be appropriated for purposes of funding indigent defense. (d) In determining whether or not a payment imposed under this Code section imposes a financial hardship upon a defendant or defendants dependent or dependents and in determining the amount of the payment to impose, the court shall consider the factors set forth in Code Section 17-14-10. The public defender may provide the court with an estimate of the cost for providing to the defendant the legal representation and other expenses of the defense. If requested by the defendant, the court shall hold a hearing to determine the amount to be paid. (e) This Code section shall not apply to a disposition involving a child pursuant to Chapter 11 of Title 15, relating to juvenile proceedings.
17-12-52. (a) A county or municipality may recover payment or reimbursement from a person who has received legal assistance from a public defender paid in part or in whole by the county or municipality:
(1) If the person was not eligible to receive such legal assistance; or (2) If the person has been ordered to pay for the legal representation and other expenses of the defense pursuant to Code Section 17-12-51 and has not paid for the legal services. (b) An action shall be brought within four years after the date on which the legal services were received.

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(c) In determining the amount of the payment imposed under this Code section, the court shall consider the factors set forth in Code Section 17-14-10. The public defender may provide the court with an estimate of the cost for providing to the defendant the legal representation and other expenses of the defense. (d) This Code section shall not apply to proceedings involving a child pursuant to Chapter 11 of Title 15, relating to juvenile proceedings."
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 substitute, offered by the Committee on Rules, was read:
A BILL
To amend Title 15 and Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating respectively to courts and legal defense for indigents, so as to clarify and change provisions relating to fees and collection of fees for indigent defense services; 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 change certain provisions relating to the procedure for reporting and remittance of certain funds collected by any clerk of court or other officer or agent of any court; to change certain provisions relating to the application fees for free legal services and remittance of funds; to clarify remittance of the $50.00 application fee to certain entities; to provide for an additional filing fee for notary public applications; to provide that certain persons who do not meet certain 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 change provisions relating to an additional filing fee on civil actions in the probate courts; to change provisions relating to the system of reporting and accounting relating to the Georgia Superior Court Clerks Cooperative Authority; to authorize certain inquiries and audits; to authorize the recovery of attorneys fees and costs under certain circumstances; to provide for definitions; to provide for clarity regarding which entities may be entitled to collect attorneys fees and the mechanism for such collection; to correct a cross-reference relating to circuit public defender offices contracts with local governments; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking Code Section 15-21-132, relating to assessment and collection of local victim assistance funds, and inserting in lieu thereof the following:
"15-21-132. (a) The sums provided for in Code Section 15-21-131 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from fines and shall be paid over to the Georgia Superior Court Clerks Cooperative Authority by the end of the month after the collection. The net proceeds shall be distributed by such authority as follows monthly:
(1) If the county where the fine was imposed operates or participates in any victim assistance program certified by the Criminal Justice Coordinating Council, then the moneys shall be paid over to the governing authority of the county for disbursement to those victim assistance programs; or (2) If the county where the fine was imposed does not operate or participate in any victim assistance program certified by the Criminal Justice Coordinating Council, then the moneys shall be paid over to the district attorney of the judicial circuit in which the county is located for the purpose of defraying the costs of victim assistance activities carried out by the district attorneys office. Such funds shall be paid over in the same manner as other county funds paid for operations of the district attorneys office and shall be in addition to rather than in lieu of any other such funds. All such funds shall be paid to the recipients by the last day of the month in which the funds are received; provided, however, that the governing authority of the county shall be authorized to hold as reserve funds an amount not to exceed 5 percent of the funds received by the governing authority in the preceding calendar year. (b) The Georgia Superior Court Clerks Cooperative Authority The court officer charged with the duty of collecting moneys arising from fines as provided for in Code Section 15-21-131 shall receive and distribute the funds collected pursuant to this Code section to the county governing authorities authority or district attorney, as appropriate, and shall submit a monthly report of the collection and distribution of such funds to the Georgia Superior Court Clerks Cooperative Authority, and the Georgia Superior Court Clerks Cooperative Authority shall submit a financial report to the Criminal Justice Coordinating Council each month stating the amount collected and the amount disbursed to each county governing authority no later than the last day of the month following the month in which the funds were collected. (c) The county governing authority receiving funds shall submit a financial report to the Criminal Justice Coordinating Council semiannually stating the recipients that directly received funds during such reporting period no later than the last day of the month following the reporting period in which the funds were collected in order to allow coordination of local, state, and federal funding sources for similar services. The Criminal Justice Coordinating Council shall report annually to the General Assembly the county governing authorities that failed to submit semiannual reports during the previous calendar year.

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(d) All recipients of funds pursuant to this Code section, except county governing authorities, shall submit an annual report to the Criminal Justice Coordinating Council. Such report shall include, but not be limited to, the total amount of funds received from each county governing authority pursuant to this Code section, the purposes for which the funds were expended, and the total number of victims served in each county for which the funds were received. A copy of each recipients annual report shall also be submitted to each county governing authority from which funds were received pursuant to this Code section. (e) The Criminal Justice Coordinating Council shall promulgate rules governing the certification of victim assistance programs. The rules shall provide for the certification of programs which are designed to provide substantial assistance to victims of crime in understanding and dealing with the criminal justice system as it relates to the crimes committed against them. It is the intention of the General Assembly that certification shall be liberally granted so as to encourage local innovations in the development of victim assistance programs. (f) The Criminal Justice Coordinating Council shall promulgate rules governing the revocation of certification of victim assistance programs. Such rules shall provide for the decertification of programs previously certified by the Criminal Justice Coordinating Council that are no longer in compliance with the rules promulgated by the Criminal Justice Coordinating Council pursuant to this Code section. (g) Moneys arising from fines imposed pursuant to Code Section 15-21-131 shall not be paid to any victim assistance program that has not been certified by the Criminal Justice Coordinating Council or to any program that has been decertified by such council. (h) Each calendar quarter, the Criminal Justice Coordinating Council shall prepare and publish, by document and posting on its website, a report that shall list each court which has not filed the reports required by subsection (b) of this Code section."
SECTION 2. Said title is further amended by striking Code Section 15-21A-4, relating to the procedure for reporting and remittance of certain funds collected by any clerk of court or other officer or agent of any court, and inserting in lieu thereof the following:
"15-21A-4. (a)(1) Each clerk of any court or any other officer or agent of any court receiving any funds subject to required to be remitted to the authority under this chapter on or after July 1, 2004, shall remit all such funds to the authority by the end of the month following the month in which such funds are received. Each clerk of any court or other officer or agent of any court receiving any funds required to be reported to the authority by this chapter or the rules and regulations of the authority promulgated in accordance with Code Section 15-21A-7 shall report such funds to the authority no later than 60 days after the last day of the month in which such funds are received. (2) The chief judge of superior court for each county shall have the authority to require compliance with paragraph (1) of this subsection by this chapter and with the

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rules and regulations of the authority promulgated by the authority in accordance with Code Section 15-21A-7 by any clerk, officer, or agent of any court within the county. If any court is more than 60 days delinquent or is habitually delinquent in remitting any funds or reports required under this Code section or Code Section 15-21A-6, chapter or by the rules and regulations of the authority promulgated in accordance with Code Section 15-21A-7, the authority shall notify the chief judge of superior court of the county in which the court is located. (b) The authority shall prescribe uniform procedures and forms for the reporting and remittance of all funds subject to Code Section 15-21A-3 this chapter or the rules and regulations of the authority promulgated in accordance with Code Section 15-21A-7; and all clerks or other officers or agents remitting or reporting such funds shall use the prescribed procedures and forms in reporting and remitting funds to the authority. (c) The authority shall prescribe uniform rules, procedures, and forms relative to the partial or installment collection and remittance of funds subject to Code Section 1521A-3 reporting or remittance to the authority under this chapter or rules and regulations promulgated by the authority in accordance with Code Section 15-21A-7. Any funds held by any court or unit of local government on July 1, 2004, consisting of previously collected partial or installment payments shall be subject to the rules, procedures, and forms so prescribed and shall be remitted to the authority to the extent provided for in such rules and procedures. Funds collected that are partial or installment payments of costs, fees, and surcharges that are required by this chapter to be remitted to the authority shall be remitted to the authority by the end of the month following the month in which they were collected; provided, however, that the authority is authorized to provide by rules and regulations for a longer period of time for remitting such funds not to exceed six months. (d) The authority shall remit all funds collected to the designated receiving entities or general fund of the state treasury within 60 days of receiving such funds."
SECTION 3. Said title is further amended by striking in its entirety Code Section 15-21A-6, relating to additional filing fees, application fee for legal assistance, and remittance of funds, and inserting in lieu thereof the following:
"15-21A-6. (a) In addition to all other legal costs there shall be charged to the filing party and collected by the clerk an additional filing fee of $15.00 in each civil action or case filed in the superior, state, probate, recorders, mayors, and magistrate courts except that municipalities, counties, and political subdivisions shall be exempt from such fee. Without limiting the generality of the foregoing, such fee shall apply to all adoptions, certiorari, applications by personal representatives for leave to sell or reinvest, trade name registrations, notary public applications, applications for change of name, and all other proceedings of a civil nature. Any matter which is docketed upon the official dockets of the enumerated courts and to which a number is assigned shall be subject to such fee, whether such matter is contested or not.

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(b)(1) As used in this subsection, the term 'civil action' means: (A) With regard to decedents estates, the following proceedings: petition for letters of administration; petition to probate a will in solemn form; petition for an order declaring no administration necessary; petition to probate a will in solemn form and for letters of administration with will annexed; and petition for years support; (B) With regard to a minor guardianship matter as set forth in paragraph (1) of subsection (f) of Code Section 15-9-60, the proceeding by which the jurisdiction of the probate court is first invoked; (C) With regard to an adult guardianship matter as set forth in paragraph (1) of subsection (g) of Code Section 15-9-60, the proceeding by which the jurisdiction of the probate court is first invoked; and (D) An application for writ of habeas corpus.
(2) In addition to all other legal costs there shall charged to the filing party and collected by the clerk an additional fee of $15.00 in each civil action filed in the probate court. For the purposes of the imposition of the civil filing fee required by this subsection, the probate court shall collect the civil filing fee on each proceeding listed in subparagraph (A) of paragraph (1) of this subsection involving a decedent but once only in a guardianship matter involving the same ward or an application for writ of habeas corpus involving the same applicant. (c) Any person who applies for or receives legal defense services under Chapter 12 of Title 17 shall pay the entity providing the services a single fee of $50.00 for the application for, receipt of, or application for and receipt of such services. The application fee may not be imposed if the payment of the fee is waived by the court. The court shall waive the fee if it finds that the applicant is unable to pay the fee or that hardship will result if the fee is charged. (c)(d) Each clerk of court, each indigent defense program, or any other officer or agent of any court receiving any funds subject to this Code section shall collect the additional fees provided in this Code section and shall pay such moneys over to the authority by the last day of the month after the month of collection, to be deposited by the authority into the general fund of the state treasury. (d)(e) It is the intent of the General Assembly that all funds derived under this Code section shall be made available through the general appropriations process and may be appropriated for purposes of funding indigent defense. (e)(f) A public entity other than an entity providing legal defense services under Chapter 12 of Title 17 may charge, in addition to any other fee or surcharge authorized by law, a $50.00 application fee unless waived by the court for inability to pay or hardship. Any such fee shall be retained by the entity providing the services or used as otherwise provided by law and shall not be subject to payment to the authority or deposit into the state treasury. (g) For the purposes of this Code section, a county or municipality that provides indigent defense services or that contracts with a circuit public defender office for the provision of indigent defense services in courts other than the superior and juvenile court is deemed to be the entity providing the legal defense services and is entitled to

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impose and collect the application fee authorized by subsection (f) of this Code section."
SECTION 4. Said title is further amended by striking subsection (b) of Code Section 15-21A-7, relating to the definition of court and the system for reporting and accounting, and inserting in lieu thereof the following:
"(b) The authority shall develop promulgate rules and regulations for the administration of this chapter. Such rules and regulations shall include but not be limited to a reporting and accounting system for all court fines and fees and all surcharges on and deductions from any court fines and fees that are authorized to be collected or disbursed in any court. The authority shall develop a system that employs controls necessary to determine the accuracy of the fine and fee collections and disbursement by each clerk of court or other officer or agent of any court receiving any fines and fees. No later than 60 days after the end of the last day of each month, each such clerk of court and, if there is no clerk of court, any court officer, judge, or other agent of the court shall report to the authority on a reporting system prescribed by the authority. Any entity doing business with such clerk or agents any court and all agencies and instrumentalities of the state shall cooperate in providing on a timely basis provide any information or data requested by the authority in a format prescribed by the authority by rule or regulation. The authority is authorized to make inquiries to clerks of court, court officers, judges, or agents of any court and agencies or instrumentalities of the state as well as any other parties for the purpose of determining the accuracy of any fines and fees collected or disbursed by a court and is authorized where it determines appropriate to conduct audits of any parties to assist in ensuring the accuracy of the system developed by the authority."
SECTION 5. Said title is further amended in Code Section 15-2-8, relating to the powers of the Georgia Supreme Court, 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 6.

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Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense for indigents, is amended by striking subsection (d) of Code Section 17-12-23, relating to contracts with local governments, and inserting in lieu thereof the following:
"(d) A city, or county, or consolidated government may contract with the circuit public defender office for the provision of criminal defense for indigent persons accused of violating city, or county, or consolidated government ordinances or state laws. If a city, or county, or consolidated government does not contract with the circuit public defender office, the city, or county, or consolidated government shall be subject to all applicable standards adopted by the council for representation of indigent persons in this state."
SECTION 7. Said chapter is further amended by inserting a new Article 2A to the chapter to read as follows:
"ARTICLE 2A
17-12-50. As used in this article, the term:
(1) 'Paid in part' means payment by a county or municipality for a part of the cost of the provision of indigent defense services pursuant to a contract with a circuit public defender office as set forth in subsection (d) of Code Section 17-12-23. The term does not include payment by a county or municipality for office space and other supplies as set forth in Code Section 17-12-34. (2) 'Public defender' means an attorney employed by a circuit public defender office, an attorney who is a conflict defender, or any other attorney who is paid from public funds to represent an indigent person in a criminal case.
17-12-51. (a) When a defendant who is represented by a public defender, who is paid in part or in whole by a county, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other expenses of the defense if the payment does not impose a financial hardship upon the defendant or the defendants dependent or dependents. The defendant shall make the payment through the probation department to the county. (b) When a defendant who is represented by a public defender, who is paid in part or in whole by a municipality, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other expenses of the defense if the payment does not impose a financial hardship upon the defendant or the defendants dependents or dependents. The defendant shall make the payment through the probation department to the municipality.

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(c) If a defendant who is represented by a public defender, who is paid for entirely by the state, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other costs of the defense if the payment does not impose a financial hardship upon defendant or the defendants dependent or dependents. The defendant shall make the payment through the probation department to Georgia Public Defender Standards Council for payment to the general fund of the state treasury. It is the intent of the General Assembly that all funds collected under this subsection shall be made available through the general appropriations process and may be appropriated for purposes of funding indigent defense. (d) In determining whether or not a payment imposed under this Code section imposes a financial hardship upon a defendant or defendants dependent or dependents and in determining the amount of the payment to impose, the court shall consider the factors set forth in Code Section 17-14-10. The public defender may provide the court with an estimate of the cost for providing to the defendant the legal representation and other expenses of the defense. If requested by the defendant, the court shall hold a hearing to determine the amount to be paid. (e) This Code section shall not apply to a disposition involving a child pursuant to Chapter 11 of Title 15, relating to juvenile proceedings.
17-12-52. (a) A county or municipality may recover payment or reimbursement from a person who has received legal assistance from a public defender paid in part or in whole by the county or municipality:
(1) If the person was not eligible to receive such legal assistance; or (2) If the person has been ordered to pay for the legal representation and other expenses of the defense pursuant to Code Section 17-12-51 and has not paid for the legal services. (b) An action shall be brought within four years after the date on which the legal services were received. (c) In determining the amount of the payment imposed under this Code section, the court shall consider the factors set forth in Code Section 17-14-10. The public defender may provide the court with an estimate of the cost for providing to the defendant the legal representation and other expenses of the defense. (d) This Code section shall not apply to proceedings involving a child pursuant to Chapter 11 of Title 15, relating to juvenile proceedings."
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.

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The following amendment was read:

Representatives Bordeaux of the 162nd and Ashe of the 56th move to amend the Committee on Rules substitute to SB 203 as follows:

Delete section 5 and re-number accordingly.

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

N Crawford Y Cummings N Davis N Day Y Dean N Dickson
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
Golick N Graves, D N Graves, T Y Greene
Hanner N Harbin N Hatfield N Heard, J Y Heard, K
Heckstall E Hembree Y Henson N Hill, C N Hill, C.A

Y Holmes N Holt N Horne N Houston
Howard N 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 Y Keown Y Kidd N Knight N Knox N Lakly N Lane, B N Lane, R N Lewis Y Lindsey
Lord Loudermilk Y Lucas N Lunsford N Maddox E Mangham N Manning Y Marin Martin

N Maxwell N May N McCall E McClinton N Meadows N 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
Parham Y Parrish Y Parsons Y Porter
Powell Ralston Y Randall N Ray Y Reece, B N Reece, S N Reese N Rice N Roberts N Rogers N Royal N Rynders

On the adoption of the amendment, the ayes were 65, nays 92.

Y Sailor N Scheid N Scott, A N Scott, M Y Setzler
Shaw N Sheldon N Sims, C E 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 Y 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

The amendment was lost.

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The following amendments were read and adopted:
Representatives Willard of the 49th and Buckner of the 76th move to amend the Committee on Rules substitute to SB 203 by striking "Chapter 12 of" on line 1 of page 1 and on line 20 of page 7.
By inserting after the first semicolon on line 22 of page 1 the following:
"to provide for provisions relating to work release programs in felony sentences; to provide for revocation of work release status;".
By striking line 30 of page 7 and inserting in lieu thereof the following:
"Said title is further amended by inserting a new Article 2A of Chapter 12 to read as".
By renumbering Sections 8 and 9 as Sections 9 and 10 and inserting a new Section 8 to read as follows:
"SECTION 8. Said title is further amended in Code Section 17-10-1, relating to fixing of sentence in criminal cases, by adding at its end a new subsection (g) to read as follows:
'(g)(1)(A) In sentencing a defendant convicted of a felony to probated confinement, the sentencing judge may make the defendants participation in a work release program operated by a county a condition of probation, provided that such program is available and the administrator of such program accepts the inmate. (B) Any defendant accepted into a county work release program shall thereby be transferred into the legal custody of the administrator of said program; likewise, any defendant not accepted shall remain in the legal custody of the Department of Corrections. (2) Work release status granted by the court may be revoked for cause by the sentencing court in its discretion or may be revoked by the state or local authority operating the work release program for any reason for which work release status would otherwise be revoked. (3) The provisions of this subsection shall not limit the authority of the commissioner to authorize work release status pursuant to Code Section 42-5-59 or apply to or affect the authority to authorize work release of county prisoners, which shall be as provided for in Code Sections 42-1-4 and 42-1-9 or as otherwise provided by law. (4) This subsection shall not apply with respect to any violent felony or any offense for which the work release status is specifically prohibited by law, including but not limited to serious violent felonies as specified in Code Section 17-10-6.1.'"
Representatives Ralston of the 7th and Cox of the 102nd move to amend the Committee on Rules substitute to SB 203 by inserting "to remove the penalties for failure to remit

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funds;" after "state;" on line 15 on page 1.

By adding a new section to read as follows: "SECTION 4.1.
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 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.'"

Representative Ralston of the 7th et al. move to amend the Committee on Rules substitute to SB 203 by inserting on line 9 of page 1, immediately following "court;", the following:

"to provide for an exception to reporting and remitting requirements for probation supervision fees collected by private providers of probation services;"

By striking line 36 of page 4 and inserting in lieu thereof the following:

"(d) Probation supervision fees collected by private corporations, enterprises, or agencies contracting for probation services in accordance with Article 6 of Chapter 8 of Title 42 shall not be subject to requirements for reporting or remittance to the authority. (e) The authority shall remit all funds collected to the designated receiving entities or".

The Rules 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, 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:

N Abdul-Salaam Y Amerson E Anderson N Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson
Dodson Y Dollar

N Holmes Y Holt Y Horne Y Houston N Howard Y Hudson N Hugley N Jackson

Y Maxwell Y May Y McCall E 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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3173

N Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges Y Brooks Y Brown N Bruce N 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
Coleman, B Y Coleman, T Y Cooper Y Cox

N Drenner Y Dukes Y Ehrhart Y England Y 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 Y Greene
Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall E Hembree N Henson Y Hill, C Y Hill, C.A

N Jacobs Y James N Jamieson Y Jenkins E Jennings Y 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 Y Lindsey
Lord Loudermilk Y Lucas Y Lunsford Y Maddox E Mangham Y Manning N Marin Y Martin

Y 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
Parham Y Parrish Y Parsons N 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

E 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 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 126, nays 38.

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

The Speaker assumed the Chair.

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.

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The following Committee substitute was read and adopted:
A BILL
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 refine the method for administrative issuance of special license plates; to provide for allowing spouses of Medal of Honor winners to retain the special license plate; to restate conditions for issuance of disabled persons license plates and decals; to create license plates for motorcycles honoring a recipient of the Purple Heart, honoring police officers wounded in the line of duty, commemorating the Benevolent and Protective Order of Elks, honoring emergency medical services personnel, promoting historic preservation efforts, and identifying licensed Georgia physicians; to add an inscription on license plates for veterans awarded the Purple Heart; 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 provide for special license plates to promote 'Share the Road' messages for motorists and bicyclists and to benefit programs related to such motorists and bicyclists; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special license plates for certain persons and vehicles, is amended by striking Code Section 40-2-60.1, relating to administrative issuance of special license plates, and inserting in its place a new Code section to read as follows:
"40-2-60.1. (a) The General Assembly finds that during recent years prior to and including 1997 2005 there have been proposed and enacted numerous laws providing for the issuance of special license plates for certain persons and vehicles. The General Assembly finds that there exists a need for a standardized administrative process to provide for the authorization of issuance of such special license plates and that the public interest will be best served by such a standardized administrative process. While recognizing that the legislature may not abridge its powers, the General Assembly declares that it is in the public interest of this state for future proposals for special license plates to be governed by the administrative process established by this Code section rather than by the legislative process, except in any case where resulting revenue is to be directed to any recipient other than the general fund of the state treasury in which instance the legislative process shall be followed.

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(b)(1) The commissioner is authorized to adopt rules and regulations for the issuance of special license plates for groups of individuals and vehicles. Such rules and regulations shall provide that no such special license plate shall be issued except upon the application of at least 1,000 250 persons. The rules and regulations shall provide for the manner of such applications. The rules and regulations shall provide that upon receipt of the requisite number of applications, a special license plate may be issued as provided in this Code section. All special license plates shall have an application period of two years after the receipt of the initial application for the payment of the manufacturing fee. After such time if the minimum number of applications is not met, the department shall not be required to continue to accept the manufacturing fee for that special license plate. (2) The department shall not be required to continue to manufacture any special license plate when the number of active registrations falls below 150 registrations at any time during the period provided for in subsection (b) of Code Section 40-2-31. Current registrants may continue to renew such special license plate during their annual registration period. The department may continue to issue such special license plates that it has in its inventory to assist in achieving the minimum number of registrations. If the special license plate falls below 150 active registrations at any time during the period provided for in subsection (b) of Code Section 40-2-31, the organization sponsoring the special license plate shall be required again to obtain 250 applications accompanied by the manufacturing fee. (3) The rules and regulations may provide for exceptions whereby a special plate will not be issued if the issuance of the plate would adversely affect public safety. The rules and regulations shall provide for the design and manufacture of such special license plates and shall provide that such plates shall be readily recognizable as Georgia license plates through the adoption of a standard design containing a smaller space for the insertion of an appropriate logo or graphic identifying the special nature of the license plate. The logo or graphic shall be no larger than three inches by three inches and shall be placed to the left of the alphanumeric characters. The department shall not utilize any graphic that is copyrighted unless a sponsoring organization has secured for the state the authority to utilize the copyrighted design at no cost to the state and the sponsoring organization has agreed to hold the state harmless against any related claim of copyright violation or infringement. Subject to the foregoing provisions of this subsection paragraph, the design of each special license plate shall be in the discretion of the commissioner. (c) Any resident motor vehicle owner desiring a special license plate provided for in this Code section shall submit to the commissioner a completed application form for such plate with a $25.00 manufacturing fee in addition to the regular motor vehicle registration fee. Upon complying with the motor vehicle registration and licensing laws and the rules and regulations authorized in this Code section, a resident motor vehicle owner shall be issued a special license plate if the issuance of such plate is otherwise authorized under this Code section.

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(d) Special license plates issued under this Code section shall be renewed annually with a revalidation decal, as provided in Code Section 40-2-31, upon payment of an additional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. Special license plates issued under this Code section may be transferred between vehicles as provided in Code Section 40-2-80. (e) Nothing in this Code section shall affect The commissioner shall have the discretion to apply the provisions of this Code section to any special license plate provided for by any other law in existence on or becoming effective on May 1, 1997 January 1, 2006."
SECTION 2. Said article is further amended by striking subsection (a) of Code Section 40-2-68, relating to special license plates for Medal of Honor winners, and inserting in its place the following:
"(a) Motor vehicle owners who have been awarded the Medal of Honor and who are residents of this state, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, shall be issued two distinctive personalized license plates free of charge. Such license plates shall be fastened to both the front and the rear of the vehicle. Such license plates shall be transferred to another vehicle as provided in Code Section 40-2-80. In the event of the death of the person who received the special license plates pursuant to this Code section, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, his or her surviving spouse may retain the special license plates and continue to display such plates on the vehicle."
SECTION 3. Said article is further amended by striking Code Section 40-2-74, relating to special license plates for persons with disabilities, and inserting in its place the following:
"40-2-74. (a) Prior to July 1, 1999, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration, licensing, and payment of fees and upon submitting satisfactory proof to the commissioner or one of his or her agents that he or she has permanently lost the use of a leg or both legs, or an arm or both arms, or any combination thereof, or is so severely disabled as to be unable to move without the aid of crutches or a wheelchair, shall be issued a specially designated disabled persons license plate from the commissioner. For purposes of this subsection, presentation of an identification card for persons with disabilities issued pursuant to Article 8 of Chapter 5 of this title shall constitute proof of disability. (a.1) On and after July 1, 1999, any Any owner of a private passenger motor vehicle with a gross vehicle weight rating of less than 14,000 pounds who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration, licensing, and payment of fees and upon submitting an affidavit of a practitioner of the healing

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arts stating that the owner or his or her spouse, child, or ward is a person with disabilities, as defined in paragraph (5) of Code Section 40-6-221, whose disability or incapacity can be expected to last for more than 180 days and stating the specific disability that limits or impairs the ability to walk, shall be issued a specially designated disabled persons license plate from the commissioner. As used in this Code section, the term 'practitioner of the healing arts' means a person holding a license to practice medicine, podiatric medicine, or chiropractic issued pursuant to Article 2 of Chapter 34 of Title 43, Chapter 35 of Title 43, or Chapter 9 of Title 43, respectively. (b) A hearing impaired person otherwise qualified under this subsection shall be eligible to have issued to him or her a specially designated disabled persons license plate in accordance with this Code section. As used in this Code section, 'hearing impaired person' shall have the same meaning as defined in Code Section 24-9-101, except that the term 'hearing impaired person' shall not include any person who is not qualified for a drivers license pursuant to Code Section 40-5-35, relating to reports by physicians and vision specialists in connection with the issuance or revocation of drivers licenses, as now or hereafter amended. For purposes of this subsection, presentation of an identification card for persons with disabilities issued pursuant to Article 8 of Chapter 5 of this title shall constitute proof of hearing impairment. (c) Upon complying with the motor vehicle laws relating to registration, licensing, and payment of fees and upon submission of proof of disability as provided in subsection (a) or (a.1) of this Code section, as applicable:
(1) Any resident person who is the joint owner of a motor vehicle with a disabled person as prescribed in this Code section shall be authorized to obtain such specialized plates for such jointly owned vehicle; and (2) Any resident motor vehicle owner who is the spouse, parent, or legal guardian of a person who is disabled as prescribed in this Code section shall be authorized to obtain such specialized plates for such vehicle. Upon the death of the disabled person or if the joint ownership of such vehicle ceases for any reason, the specialized license plate shall be canceled and the owner of such motor vehicle shall be issued a regular license plate for such vehicle. (d) The commissioner is directed to furnish such license plates as provided for in this Code section, which shall bear the official international wheelchair symbol or a reasonable facsimile thereof, or such other symbols as the commissioner may deem appropriate. (e) The commissioner may begin issuing disabled persons license plates with the year 1976. Any license plate issued pursuant to the provisions of this Code section shall be transferred to another vehicle as provided in Code Section 40-2-80. (f) Any person who is not a disabled person as prescribed in this Code section or a person otherwise entitled to obtain such special license plates and who willfully and falsely represents himself or herself as having the qualifications to obtain the special plates prescribed by this Code section shall be guilty of a misdemeanor.

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(f.1)(g) Any practitioner of the healing arts who knowingly and willfully makes a false or misleading statement in his or her affidavit stating that an applicant is a disabled person as prescribed in this Code section shall be guilty of a misdemeanor. (g)(h) Any person owning a vehicle bearing the special plates and not entitled to do so under this Code section shall be guilty of a misdemeanor."
SECTION 4. Said article is further amended by inserting a new Code Section 40-2-74.1 immediately following Code Section 40-2-74, relating to special license plates for persons with disabilities, to read as follows:
"40-2-74.1. (a) Any person meeting the requirements for a disabled persons license plate as provided for in Code Section 40-2-74 may obtain a special decal to be placed on any vehicle owned by such person in lieu of a disabled persons license plate. The cost of the decal shall be $5.00 and the county tag agent is authorized to retain a $1.00 processing fee.
(b)(1) The commissioner shall design a special disabled persons decal to be placed on the rear windshield of a private passenger vehicle. (2) The special disabled persons decal shall be so constructed that it will adhere to the inside of the rear window of the vehicle and when removed will self-destruct. (3) The special disabled persons decal shall have a place to write the month and year of expiration and shall expire at the end of the month in the fourth year from the date of issue. (4) The decal shall be placed in the bottom left of the rear window so not to obscure the view of the driver to indicate that the owner has met the requirements to park in a parking space designated for a disabled person as provided for in Part 2 of Article 10 of Chapter 6 of this title. (c) Any person who is not a disabled person as prescribed in Code Section 40-2-74 and who willfully and falsely represents himself or herself as having the qualifications to obtain a special disabled persons decal shall be guilty of a misdemeanor. (d) Any person who acquires a special disabled persons decal who is not entitled to do so under this Code section shall be guilty of a misdemeanor."
SECTION 5. Said article is further amended by striking Code Section 40-2-84, relating to license plates for veterans awarded the Purple Heart, and inserting in its place the following:
"40-2-84. (a) Motor vehicle or boat trailer motorcycle owners who are veterans of the armed forces of the United States who have been awarded the Purple Heart citation shall be eligible to receive a special and distinctive vehicle license plate for a private passenger car, motorcycle, or truck used for personal transportation or for a boat trailer, provided that the requisite number of applications are received by the commissioner as provided in subsection (b) of this Code section. Such license plate shall be issued in compliance

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with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. (b) A veteran who qualifies for the special and distinctive license plate pursuant to subsection (a) of this Code section shall make application therefor with the commissioner and include the requisite fee. Said applicant may apply for and be limited to not more than one free license plate at a time; provided, however, that upon payment of the regular license fee provided for in Code Section 40-2-151 and payment of the manufacturing fee provided for in this Code section, a veteran may obtain an additional such license plate. The commissioner shall retain all applications received for such special and distinctive license plate until a minimum of 250 applications have been received. After receipt of 250 applications for such distinctive license plate, the commissioner shall design a distinctive license plate as provided in subsection (c) of this Code section and issue the distinctive license plates to present and future qualifying applicants. If the commissioner does not receive the required minimum 250 applications no later than July 31 of the year preceding the year of issuance of such plates, the commissioner shall not accept any applications for nor issue such distinctive license plates and all fees shall be refunded to applicants. The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars, motorcycles, and trucks and boat trailers before issuing these license plates in lieu of the regular Georgia license plates. The manufacturing fee for each additional special and distinctive license plate shall be $25.00. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (d) of this Code section, such plates shall be nontransferable. (c) The special and distinctive vehicle license plates shall be as prescribed in Article 2 of this chapter for private passenger cars, motorcycles, or trucks used for personal transportation or for boat trailers. Additional words or symbols, in addition to the numbers and letters prescribed by law, shall be inscribed upon such license plates so as to identify distinctively the owner as a Purple Heart recipient. For any redesigned plates issued on or after January 1, 2006, such inscription shall include the designation 'Combat Wounded.' (d) The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. The spouse of a deceased veteran of the armed forces of the United States who was awarded the Purple Heart citation shall continue to be eligible to be issued a distinctive personalized license plate as provided in this Code section for any vehicle owned by such veteran ownership of which is transferred to the surviving spouse or for any other vehicle owned by such surviving spouse either at the time of the qualifying veterans death or acquired thereafter, so long as such person does not remarry. (e) For each additional special license plate issued under this Code section there shall be an additional $25.00 annual registration fee which fee shall be collected by the

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county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34."
SECTION 6. Said article is further amended by adding new Code Sections 40-2-86.10 through 40-286.15 to read as follows:
"40-2-86.10. (a) Motor vehicle owners who are or formerly were police officers who were wounded in the line of duty as a police officer shall be eligible to receive a special and distinctive vehicle license plate for a private passenger car or truck used for personal transportation, provided that the requisite number of applications are received by the commissioner as provided in subsection (b) of this Code section. Such license plate shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. The commissioner shall be authorized to promulgate rules and regulations to determine the eligibility of such persons for such special and distinctive license plates. (b) A person who qualifies for the special and distinctive license plate pursuant to subsection (a) of this Code section shall make application therefor with the commissioner and include the requisite fee. Said applicant, upon payment of the regular license fee provided for in Code Section 40-2-151 and payment of the manufacturing fee provided for in this Code section, may apply for and be limited to not more than one such special and distinctive license plate. The commissioner shall retain all applications received for such distinctive license plate until a minimum of 1,000 applications have been received. After receipt of 1,000 applications for such distinctive license plate, the commissioner shall design a distinctive license plate as provided in subsection (c) of this Code section and issue the distinctive license plates to present and future qualifying applicants. The distinctive license plate shall have an application period of two years after January 1, 2006, for payment of the manufacturing fee. After such time if the minimum number of applications is not met, the department shall not continue to accept the manufacturing fee, and all fees shall be refunded to applicants. The department shall not be required to continue to manufacture the distinctive license plate if the number of active registrations falls below 500 registrations at any time during the period as provided in subsection (b) of Code Section 40-2-31. A current registrant may continue to renew such special license plate during his or her annual registration period upon payment of an additional $25.00 annual special tag fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The department may continue to issue such special license plates that it has in its inventory to assist in achieving the minimum number of registrations. If the special license plate falls below 500 active registrations at any time during the period as provided in subsection (b) of Code Section 40-2-31, the department must receive 1,000 applications accompanied by the manufacturing fee to continue to manufacture the license plate. The commissioner shall promulgate such rules and

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regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks and boat trailers before issuing these license plates in lieu of the regular Georgia license plates. The manufacturing fee for each additional special and distinctive license plate shall be $25.00. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (d) of this Code section, such plates shall be nontransferable. (c) The special and distinctive vehicle license plates shall be as prescribed in Article 2 of this chapter for private passenger cars or trucks used for personal transportation. Additional words or symbols, in addition to the numbers and letters prescribed by law, shall be inscribed upon such license plates so as to identify distinctively the owner as a police officer who was wounded in the line of duty. (d) The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. The spouse of a person who qualifies for such special and distinctive license plate under subsection (a) of this Code section shall continue to be eligible to be issued a distinctive personalized license plate as provided in this Code section for any vehicle owned by such person ownership of which is transferred to the surviving spouse or for any other vehicle owned by such surviving spouse either at the time of the qualifying persons death or acquired thereafter, so long as such person does not remarry. (e) For each special license plate issued under this Code section there shall be an additional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. (f) For the purposes of this Code section, the term 'police officer' shall mean any law enforcement officer charged with the duty of enforcing the criminal laws and ordinances of this state, any other state, or the United States or of the counties or municipalities of this state or any other state who is employed by and compensated by the United States, the state, or any county or municipality of the state. The term shall include, but not be limited to, municipal police, county police, sheriffs, deputy sheriffs, wardens, guards, agents of the Georgia Bureau of Investigation, members of the uniform division of the Department of Public Safety, agents and investigators of the State Forestry Commission, conservation rangers of the Department of Natural Resources, agents of the Department of Revenue, agents of the Federal Bureau of Investigation, agents of the federal Drug Enforcement Administration, and agents of the federal Secret Service.
40-2-86.11. (a) There shall be issued beginning in 2006 special and distinctive vehicle license plates commemorating the Benevolent and Protective Order of Elks for its contributions to Georgians through programs dedicated to our youth such as 'Hoop Shoot,' 'Soccer Shoot,' 'Drug Awareness and Prevention,' and youth scholarship contests; our veterans

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in local VA hospitals; the Elks major state project, 'Elks Aidmore Childrens Center,' a home for disadvantaged youth of Georgia; and the many contributions made by local Elks lodges across the state, subject to the conditions set forth in this Code section. (b) The commissioner, in cooperation with the Benevolent and Protective Order of Elks, shall design special distinctive license plates to commemorate the Benevolent and Protective Order of Elks. The license plates must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed six. No two recipients shall receive identically numbered plates. The graphic on the special license plate shall be placed to the left of the alphanumeric characters and shall be no larger than three inches by three inches. Such design shall not provide space in which to indicate the name of the county of issuance. The organization may request the assignment of the first of 100 in a series of license plates upon payment of an additional initial registration fee of $25.00 for each license plate requested. (c) Notwithstanding the foregoing provisions of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise and at no cost to the state, received such licenses or other permissions as may be required for the use of the Benevolent and Protective Order of Elks logo or as may otherwise be necessary or appropriate to implement this Code section. No royalty, license fee, or other moneys shall be paid to any organization or its licensor for the use by the state of such logo or design on license plates authorized by this Code section. The commissioner may charge fees, take other actions, and agree to or impose terms and conditions which might normally be envisioned in licensing and cross-licensing agreements for the use of designs and similar intellectual property. Without limitation, the commissioner may agree to allow to others the exclusive or nonexclusive use of the design of the special license plate. The design of the special license plate, excepting only the Benevolent and Protective Order of Elks logo and any other part of the design owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law and no person shall reproduce or otherwise use such design, except as authorized by the commissioner. (d) Beginning in calendar year 2006, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a manufacturing fee of $25.00 in addition to the regular motor vehicle registration fee shall be issued a license plate commemorating the Benevolent and Protective Order of Elks. Revalidation decals shall be issued for such license plates in the same manner as provided for general issue license plates. (e) An applicant may request a license plate commemorating the Benevolent and Protective Order of Elks at any time during the applicants registration period. If such a

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license plate is to replace a current valid license plate, such license plate shall be issued with appropriate decals attached. (f) No special license plate authorized pursuant to this Code section shall be issued except upon the receipt by the department of at least 1,000 applications. The special license plate shall have an application period of two years after January 1, 2006, for payment of the manufacturing fee. After such time if the minimum number of applications is not met, the department shall not continue to accept the manufacturing fee, and all fees shall be refunded to applicants. (g) The department shall not be required to continue to manufacture the special license plate if the number of active registrations falls below 500 registrations at any time during the period as provided in subsection (b) of Code Section 40-2-31. A current registrant may continue to renew such special license plate during his or her annual registration period upon payment of an additional $25.00 annual special tag fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The department may continue to issue such special license plates that it has in its inventory to assist in achieving the minimum number of registrations. If the special license plate falls below 500 active registrations at any time during the period as provided in subsection (b) of Code Section 40-2-31, the department must receive 1,000 applications accompanied by the manufacturing fee to continue to manufacture the license plate. (h) Benevolent and Protective Order of Elks license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-280. (i) Benevolent and Protective Order of Elks license plates shall be issued within 30 days of application once the requirements of this Code section have been met.
40-2-86.12. (a) The commissioner, in cooperation with licensed emergency services personnel in Georgia, and in order to promote and honor these individuals, shall design a special license plate to be issued displaying the National Highway Traffic Safety Administrations EMS Star of Life Symbol and the initials 'EMS.' The license plates must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed six. It shall not be a requirement that a county name decal shall be fixed and displayed on license plates issued under this Code section. (b) Notwithstanding the foregoing provisions of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise, received such licenses or other permissions as may be required to implement this Code section. The design of the initial edition of the emergency medical services license plates, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control,

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except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner. (c) Beginning in calendar year 2006, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, and provides proof of certification or licensure by the State of Georgia as an emergency medical technician, paramedic, or owner of a licensed ambulance service in the State of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a fee of $25.00 in addition to the regular motor vehicle registration fee, shall be issued an emergency medical services license plate. Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 upon payment of an additional $25.00 annual registration fee, which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34. (d) A qualified applicant may request an emergency medical services license plate any time during the applicants registration period. If such a license plate is to replace a current valid license plate, the emergency medical services license plate shall be issued with appropriate decals attached. (e) No special license plate authorized pursuant to this Code section shall be issued except upon the receipt of at least 1,000 applications. The special license plate shall have an application period of two years after January 1, 2006, for payment of the manufacturing fee. After such time if the minimum number of applications is not met, the department shall not continue to accept the manufacturing fee, and all fees shall be refunded to applicants. (f) The department shall not be required to continue to manufacture the special license plate if the number of active registrations falls below 500 registrations at any time during the period as provided in subsection (b) of Code Section 40-2-31. A current registrant may continue to renew such special license plate during his or her annual registration period upon payment of an additional $25.00 annual special tag fee, which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The department may continue to issue such special license plates that it has in its inventory to assist in achieving the minimum number of registrations. If the special license plate falls below 500 active registrations at any time during the period as provided in subsection (b) of Code Section 40-2-31, manufacture of the license plates shall not be continued until the commissioner receives 1,000 applications. (g) Emergency medical services license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-42.

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(h) Emergency medical services license plates shall be issued within 30 days of application.
40-2-86.13. (a) In order to promote and financially provide for historic preservation efforts in Georgia, there shall be issued beginning January 1, 2006, special license plates promoting such efforts. (b) The Division of Historic Preservation of the Department of Natural Resources shall design special distinctive license plates appropriate to promote historic preservation efforts in Georgia. Such license plates must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total characters do not exceed the sum of six. No two recipients shall receive identically numbered plates. Such design shall not provide space in which to indicate the name of the county of issuance. (c) The design of the initial edition of the special historic preservation license plate, as well as the design of subsequent editions and excepting only any part or parts of the designs which may be owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner. (d) Beginning on January 1, 2006, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a fee of not more than $25.00 in addition to the regular motor vehicle registration fee, may be issued a historic preservation license plate. Revalidation decals shall be issued for historic preservation license plates in the same manner as provided for general issue license plates upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a fee of not more than $25.00 in addition to the regular motor vehicle registration fee. (e) The funds derived from the sale and revalidation of historic preservation license plates, less a $1.00 processing fee, which shall be granted to county tag offices per plate sold, and less the actual manufacturing cost of the plates, shall be deposited in the general fund of the state treasury. As soon as practicable after December 31 of each year, the commissioner shall report the net amount derived from the sale of historic preservation license plates to the Office of Planning and Budget and the Division of Historic Preservation of the Department of Natural Resources. Subject to the appropriations process, it is the intent of the General Assembly that the General Assembly appropriate an amount equal to the net proceeds from the sale of such license plates to the Department of Natural Resources for use by the Historic Preservation

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Division to fund historic preservation programs in the state through the Georgia historic preservation grant program as otherwise authorized by law. (f) No special license plate authorized pursuant to this Code section shall be issued except upon the receipt by the department of at least 1,000 applications. The special license plate shall have an application period of two years after January 1, 2006, for payment of the manufacturing fee. After such time if the minimum number of applications is not met, the department shall not continue to accept the manufacturing fee, and all fees shall be refunded to applicants. (g) The department shall not be required to continue to manufacture the special license plate if the number of active registrations falls below 500 registrations at any time during the period as provided in subsection (b) of Code Section 40-2-31. A current registrant may continue to renew such special license plate during his or her annual registration period upon payment of an additional $25.00 annual special tag fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The department may continue to issue such special license plates that it has in its inventory to assist in achieving the minimum number of registrations. If the special license plate falls below 500 active registrations at any time during the period as provided in subsection (b) of Code Section 40-2-31, the department must receive 1,000 applications accompanied by the manufacturing fee to continue to manufacture the license plate. (h) An applicant may request a historic preservation license plate any time during the applicants registration period. If a historic preservation license plate is to replace a current valid license plate, the department shall issue the historic preservation license plate with appropriate decals attached. When an applicant requests a historic preservation license plate at the beginning of the registration period, the applicant shall pay the tax together with all applicable fees. (i) Historic preservation license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-42. (j) Historic preservation license plates shall be issued within 30 days of application. (k) The Department of Natural Resources shall submit a report to the chairpersons of the Senate Natural Resources and the Environment Committee and House Natural Resources and Environment Committee detailing the receipt and expenditure of all appropriated funds and all funds received from the sale of historic preservation license plates as provided by this Code section to promote historic preservation. Such report shall be made not later than the second Monday of January of each year.
40-2-86.14. (a) There shall be issued beginning in 2006 special and distinctive vehicle license plates identifying licensed Georgia physicians, subject to the conditions set forth in this Code section. (b) The commissioner shall design special distinctive license plates identifying licensed Georgia physicians. The license plates must be of the same size as general

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issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed six. No two recipients shall receive identically numbered plates. The license plate will contain the words 'Licensed Georgia Physician' in the space normally containing the county of issuance. Such design shall not provide space in which to indicate the name of the county of issuance. The graphic on the special license plate shall be placed to the left of the alphanumeric characters and shall be no larger than three inches by three inches. (c) Notwithstanding the foregoing provisions of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise and at no cost to the state, received such licenses or other permissions as may be required for the use of any logo or as may otherwise be necessary or appropriate to implement this Code section. No royalty, license fee, or other moneys shall be paid to any organization or its licensor for the use by the state of such logo or design on license plates authorized by this Code section. The commissioner may charge fees, take other actions, and agree to or impose terms and conditions which might normally be envisioned in licensing and cross-licensing agreements for the use of designs and similar intellectual property. Without limitation, the commissioner may agree to allow to others the exclusive or nonexclusive use of the design of the special license plate. The design of the special license plate, excepting only any part of the design owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law and no person shall reproduce or otherwise use such design, except as authorized by the commissioner. (d) Beginning in calendar year 2006, any qualified Georgia resident who shows proof that he or she is a licensed Georgia physician and is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a manufacturing fee of $25.00 in addition to the regular motor vehicle registration fee shall be issued a license plate identifying him or her as a licensed Georgia physician. Revalidation decals shall be issued for such license plates in the same manner as provided for general issue license plates. (e) An applicant may request a license plate identifying him or her as a licensed Georgia physician at any time during the applicants registration period. If such a license plate is to replace a current valid license plate, such license plate shall be issued with appropriate decals attached. (f) No special license plate authorized pursuant to this Code section shall be issued except upon the receipt by the department of at least 1,000 applications. The special license plate shall have an application period of two years after January 1, 2006, for payment of the manufacturing fee. After such time if the minimum number of

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applications is not met, the department shall not continue to accept the manufacturing fee, and all fees shall be refunded to applicants. (g) The department shall not be required to continue to manufacture the special license plate if the number of active registrations falls below 500 registrations at any time during the period as provided in subsection (b) of Code Section 40-2-31. A current registrant may continue to renew such special license plate during his or her annual registration period upon payment of an additional $25.00 annual special tag fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The department may continue to issue such special license plates that it has in its inventory to assist in achieving the minimum number of registrations. If the special license plate falls below 500 active registrations at any time during the period as provided in subsection (b) of Code Section 40-2-31, the department must receive 1,000 applications accompanied by the manufacturing fee to continue to manufacture the license plate. (h) License plates identifying licensed Georgia physicians shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80. (i) License plates identifying licensed Georgia physicians shall be issued within 30 days of application once the requirements of this Code section have been met.
40-2-86.15. (a) In order to promote the Governors Highway Safety Program, there shall be issued beginning January 1, 2006, special license plates bearing the NASCAR logo with a specific driver or general motorsports theme, subject to the conditions set forth in this Code section. Also, in order to promote and provide for motorist and bicyclist safety and interaction education and awareness programs and media campaigns; adult and child bicycling safety training, workshops, and educational materials; assistance in forming local bicycle advisory committees; law enforcement education and implementation programs for policing by bicycle and policing to improve bicycling conditions; and 'share the road/yield to bicycles/bicyclists may use full lane' sign installations through the Governors Highway Safety Program, there shall be issued beginning January 1, 2006, special license plates promoting and benefiting such efforts, which shall be known as the 'Share the Road' Motorists and Bicyclists special license plate. (b) Notwithstanding the provisions of Code Section 40-2-4, for the NASCAR plates, the supplier of the plates, as designated by NASCAR, in consultation with the commissioner shall design special distinctive license plates bearing the NASCAR logo with a specific driver or general motorsports theme. For the 'Share the Road' plates, the commissioner shall design a special distinctive license plate in conjunction with the Southern Bicycle League and Bicycle Ride Across Georgia appropriate to promote the message of motorists and bicyclists safely and courteously sharing the roadway. The license plates shall be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of

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characters does not exceed six. No two recipients shall receive identically numbered plates. The graphic on the special license plates shall be placed to the left of the alphanumeric characters and shall be no larger than three inches by three inches. Such design shall not provide space in which to indicate the name of the county of issuance. (c) Notwithstanding the provisions of subsection (b) of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise, received any licenses or other permissions that may be required to implement this Code section. The design of the initial edition of the license plates, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner. (d) Beginning in calendar year 2006, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a manufacturing fee of $25.00 in addition to the regular motor vehicle registration fee shall be issued a license plate promoting NASCAR or promoting bicycle safety and sharing the roadway. Revalidation decals shall be issued for such license plates in the same manner as provided for general issue license plates.
(e)(1) From the additional $25.00 fee charged for the issuance and renewal of the NASCAR license plates authorized under this Code section, $10.25 shall be used by the department for purchasing plates from the supplier of the plates, as designated by NASCAR, and royalty costs, and $14.75 shall be paid to the general fund of the state treasury with the intent of supporting the Governors Highway Safety Program. From the additional $25.00 fee charged for the issuance of the 'Share the Road' license plates authorized under this Code section, subject to the general appropriations process, it is the intent of the General Assembly that all such funds shall be utilized by the Governors Highway Safety Program to provide for motorist and bicyclist safety and interaction education and awareness programs and media campaigns; adult and child bicycling safety training, workshops, and educational materials; assistance in forming local bicycle advisory committees; law enforcement education and implementation programs for policing by bicycle and policing to improve bicycling conditions; and 'share the road/yield to bicycles/bicyclists may use full lane' sign installations. The Office of Highway Safety may enter into contractual agreements, as may be appropriate, to further such objectives. The Office of Highway Safety may provide said funds for use as local or minimum matching funds. The agency or organization ultimately making use of such funds shall periodically provide to the commissioner an audit of the use of the funds or other evidence of use of the funds

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satisfactory to the commissioner. Any audit performed under Chapter 6 of Title 50 shall meet this auditing requirement. If an audit demonstrates that the funds are not being used for the purposes set forth in this Code section or if the required audit or evidence is not provided to the commissioner, then the commissioner shall so notify the appropriations committees of the Senate and the House of Representatives. Any funds appropriated pursuant to this Code section shall not lapse. (2) Subject to the general appropriations process, it is the intent of the General Assembly in the enactment of this Code section that the funds dedicated by this subsection be made available for the ultimate use of the Governors Highway Safety Program administered by the Office of Highway Safety in the Department of Public Safety. (f) An applicant may request a NASCAR or 'Share the Road' license plate any time during the applicants registration period. If such a license plate is to replace a current valid license plate, the NASCAR or 'Share the Road' license plate shall be issued with appropriate decals attached. (g) No special license plate authorized pursuant to this Code section shall be issued except upon the receipt of at least 1,000 applications. The special license plates shall have an application period of two years after January 1, 2006, for payment of the manufacturing fee. After such time if the minimum number of applications is not met, the department shall not continue to accept the manufacturing fee, and all fees shall be refunded to applicants. (h) The department shall not be required to continue to provide the special license plates if the number of active registrations falls below 500 registrations at any time during the period as provided in subsection (b) of Code Section 40-2-31. A current registrant may continue to renew such special license plate during his or her annual registration period upon payment of an additional $25.00 annual special tag fee, which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The department may continue to issue such special license plates that it has in its inventory to assist in achieving the minimum number of registrations. If the special license plate falls below 500 active registrations at any time during the period as provided in subsection (b) of Code Section 40-2-31, production of the license plates shall not be continued until the commissioner receives 1,000 applications. (i) NASCAR or 'Share the Road' license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80. (j) NASCAR or 'Share the Road' license plates shall be issued within 30 days of application once the requirements of this Code section have been met."
SECTION 7. This Act shall become effective on January 1, 2006.
SECTION 8. 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:

Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black
Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant
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 Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson
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 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
Heckstall E 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
Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey
Lord Loudermilk Y Lucas Y Lunsford Y Maddox E 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 Y Murphy, J Y Murphy, Q Y Neal Y Oliver
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 Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C E 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 157, nays 0.

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

Representatives Kidd of the 115th and Loudermilk of the 14th 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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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.
The following Committee substitute was read and adopted:
A BILL
To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new article at the end of Chapter 82, relating to bonds, to be designated Article 11, to read as follows:
"ARTICLE 11
36-82-250. As used in this article, the term:
(1) 'Counterparty' means the party entering into a qualified interest rate management agreement with the local governmental entity. A counterparty must be a bank, insurance company, or other financial institution duly qualified to do business in the state that either:
(A) Has, or whose obligations are guaranteed by an entity that has, at the time of entering into a qualified interest rate management agreement and for the entire term

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thereof, a long-term unsecured debt rating or financial strength rating in one of the top two ratings categories, without regard to any refinement or gradation of rating category by numerical modifier or otherwise, assigned by any two of the following: Moodys Investors Service, Inc., Standard & Poors Ratings Service, a division of The McGraw-Hill Companies, Inc., Fitch, Inc., or such other nationally recognized ratings service approved by the governing body of the local governmental entity; or (B) Has collateralized its obligations under a qualified interest rate management agreement in a manner approved by the local governmental entity. (2) 'Debt' shall include all debt and revenue obligations that a local governmental entity is authorized to incur by law, including without limitation general obligation debt in the form of bonds or other obligations, revenue bonds and other forms of revenue obligations, and all other debt or revenue undertakings, including, but not limited to, bonds, notes, warrants, certificates or other evidences of indebtedness, or other obligations for borrowed money issued or to be issued by any local governmental entity. 'Debt' includes any financing lease or installment purchase contracts of any local public authorities. (3) 'Independent financial adviser' means a person or entity experienced in the financial aspects and risks of qualified interest rate management agreements that is retained by the local governmental entity to render advice with respect to a qualified interest rate management agreement. The independent financial adviser may not be the counterparty or an affiliate or agent of the counterparty on a qualified interest rate management agreement with respect to which the independent financial adviser is advising the local governmental entity. (4) 'Interest rate management plan' means a written plan prepared or reviewed by an independent financial adviser with respect to qualified interest rate management agreements of the local governmental entity, which plan has been approved by the governing body of the local governmental entity. (5) 'Lease or installment purchase contract' means multiyear lease, purchase, installment purchase, or lease purchase contracts within the meaning of Code Sections 20-2-506 and 36-60-13 or substantially similar other or successor Code sections. (6) 'Local governmental entity' means any governmental body as defined in paragraph (2) of Code Section 36-82-61, as amended; provided, however, that such term shall only include authorities which are local public authorities included in the definition thereof set forth in subparagraphs (C) and (D) of paragraph (2) of Code Section 36-82-61, as amended. (7) 'Qualified interest rate management agreement' means an agreement, including a confirmation evidencing a transaction effected under a master agreement entered into by the local governmental entity in accordance with, and fulfilling the requirements of, Code Section 36-82-253, which agreement in the judgment of the local governmental entity is designed to manage interest rate risk or interest cost of the local governmental entity on any debt or lease or installment purchase contract the local governmental entity is authorized to incur, including, but not limited to, interest rate swaps or exchange agreements, interest rate caps, collars, corridors, ceiling, floor,

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and lock agreements, forward agreements, swaptions, warrants, and other interest rate agreements which, in the judgment of the local governmental entity, will assist the local governmental entity in managing its interest rate risk or interest cost.
36-82-251. With respect to all or any portion of any debt or lease or installment purchase contract, either issued or anticipated to be issued by the local governmental entity, the local governmental entity may enter into, terminate, amend, or otherwise modify a qualified interest rate management agreement under such terms and conditions as the local governmental entity may determine, including, without limitation, provisions permitting the local governmental entity to pay to or receive from any counterparty any loss of benefits under such agreement upon early termination thereof or default under such agreement.
36-82-252. (a) Prior to executing and delivering a qualified interest rate management agreement, the local governmental entity shall have adopted an interest rate management plan that includes:
(1) An analysis of the interest rate risk, basis risk, termination risk, credit risk, market-access risk, and other risks to the local governmental entity entering into qualified interest rate management agreements; (2) The local governmental entitys procedure for approving and executing qualified interest rate management agreements; (3) The local governmental entitys plan to monitor interest rate risk, basis risk, termination risk, credit risk, market-access risk, and other risks; (4) The local governmental entitys procedure for maintaining current records of all qualified interest rate management agreements that have been approved and executed; and (5) Such other provisions as may from time to time be required by the governing body of the local governmental entity, including but not limited to additional provisions due to changes in market conditions for qualified interest rate management agreements. (b) The local governmental entity shall conduct an annual review of its interest rate management plan as to the adequacy of the procedures set forth in such plan for the analysis and monitoring requirements set forth in subsection (a) of this Code section. A report summarizing the results of such review shall be submitted annually to the governing body of the local governmental entity. The requirements of this subsection shall not be construed as to require the review of any existing interest rate management plan by an independent financial adviser.
36-82-253. (a) Each qualified interest rate management agreement shall meet the following requirements:

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(1) Subject to subsection (b) of this Code section, the maximum term, including any renewal periods, of any qualified interest rate management agreement may not exceed ten years unless such longer term has been approved by the governing body of the local governmental entity; provided, however, that in no case may the term of the qualified interest rate management agreement exceed the latest maturity date of the bonds, notes, or debt or lease or installment purchase contract referenced in the qualified interest rate management agreement; (2) The local governmental entity shall enter into a qualified interest rate management agreement only with a counterparty meeting the requirements set forth in paragraph (1) of Code Section 36-82-250; (3) Prior to the execution and delivery by the local governmental entity of any qualified interest rate management agreement, an interest rate management plan meeting the requirements of Code Section 36-82-252 must have been approved by the governing body of the local governmental entity and the governing body of the local governmental entity shall have been provided evidence that such qualified interest rate management agreement is in compliance with the existing interest rate management plan; (4) Any qualified interest rate management agreement shall be payable only in the currency of the United States of America; and (5) Unless otherwise approved by the governing body of the local governmental entity, the notional amount of any qualified interest rate management agreement shall not exceed the outstanding principal amount of the debt or the aggregate payments due under any lease or installment purchase contract to which such agreement relates. (b) A qualified interest rate management agreement may renew from calendar year to calendar year and may provide for the payment of any fee related to a termination or a nonrenewal, so long as the following requirements are satisfied: (1) Such qualified interest rate management agreement shall terminate absolutely 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; (2) Any such qualified interest rate management agreement may provide for automatic renewal unless positive action is taken by the local governmental entity to terminate such contract, or may provide for termination or renewal in some other manner not prohibited by law, which method of renewal or termination, in either case, shall be specified in the qualified interest rate management agreement; and (3) Such qualified interest rate management agreement shall include a statement of the total obligation of the local governmental entity for the calendar year of execution and, if renewed, for the calendar year of renewal. A qualified interest rate management agreement meeting the requirements of this subsection may also provide that the local governmental entitys obligations will terminate immediately and absolutely at such time as appropriated and other funds encumbered for payment by the local governmental entity pursuant to the terms of such qualified interest rate management agreement are no longer available to satisfy such obligations. The total obligation of the local governmental entity for the calendar year

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payable pursuant to a qualified interest rate management agreement may be stated in contingent but objective terms with respect to variable rate payments or termination payments, but in that event a qualified interest rate management agreement must provide that it will terminate immediately and absolutely at such time as appropriated and other funds encumbered for its payment are no longer available to satisfy the obligations of the local governmental entity under such agreement. A qualified interest rate management agreement executed under this subsection shall not be deemed to create a debt of the local governmental entity or otherwise obligate 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.
(c)(1) Any qualified interest rate management agreement of a local governmental entity may provide that it is an unconditional, limited recourse obligation of such local governmental entity payable from a specified revenue source. (2) A local governmental entity may, in any qualified interest rate management agreement that constitutes a limited recourse obligation of the local governmental entity, pledge to the punctual payment of amounts due under the qualified interest rate management agreement revenues from a specified revenue source, which shall not include any taxes, including, without limitation, collateral derived from such revenue source or proceeds of the debt, including debt for future delivery, to which such qualified interest rate management agreement relates. (d) A qualified interest rate management agreement that constitutes a limited recourse obligation shall not be payable from or charged upon any funds other than the revenue identified as the source of payment thereof, nor shall the local governmental entity entering into the same be subject to any pecuniary liability thereon. No counterparty under any such qualified interest rate management agreement shall ever have the right to compel any exercise of the taxing power of the state or the local governmental entity to pay any amount due under any such qualified interest rate management agreement, nor to enforce payment thereof against any property of the state or local governmental entity, other than the specified revenue source; nor shall any such qualified interest rate management agreement constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the state or local governmental entity, other than the specified revenue source. Every such qualified interest rate management agreement shall contain a recital setting forth the substance of this subsection. (e) Any local governmental entity may enter into credit enhancement or liquidity agreements in connection with any qualified interest rate management agreement containing such terms and conditions as the governing body determines are necessary or desirable, provided that any such agreement has the same source of payment as the related qualified interest rate management agreement.
36-82-254. The local governmental entity that has entered into a qualified interest rate management agreement shall include in its annual financial statements information with respect to each qualified interest rate management agreement it has authorized or entered into,

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including any information required pursuant to any statement issued by the Governmental Accounting Standards Board.
36-82-255. When entering into any qualified interest rate management agreement authorized under this article, the agreement shall be governed by the laws of the State of Georgia, and jurisdiction over the local governmental entity in any matter concerning a qualified interest rate management agreement shall lie exclusively in the courts of the State of Georgia or in the applicable federal court having jurisdiction and located within the State of Georgia."
SECTION 2. Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new article at the end of Chapter 17, relating to state debt, investment, and depositories, to be designated Article 5, to read as follows:
"ARTICLE 5
50-17-100. As used in this article, the term:
(1) 'Commission' means the Georgia State Financing and Investment Commission as defined in paragraph (1) of Code Section 50-17-21, as amended. (2) 'Counterparty' means the party entering into a qualified interest rate management agreement with the state party. A counterparty must be a bank, insurance company, or other financial institution duly qualified to do business in the state that either:
(A) Has, or whose obligations are guaranteed by an entity that has, at the time of entering into a qualified interest rate management agreement and for the entire term thereof, a long-term unsecured debt rating or financial strength rating in one of the top two ratings categories, without regard to any refinement or gradation of rating category by numerical modifier or otherwise, assigned by any two of the following: Moodys Investors Service, Inc., Standard & Poors Ratings Service, a division of The McGraw-Hill Companies, Inc., Fitch, Inc., or such other nationally recognized ratings service approved by the commission; or (B) Has collateralized its obligations under a qualified interest rate management agreement in a manner approved by the commission. (3) 'Debt' shall include all debt and revenue obligations that a state party is authorized to incur by law, including without limitation general obligation debt in the form of bonds or other obligations, guaranteed revenue debt in the form of bonds or other obligations, revenue bonds and other forms of revenue obligations, and all other debt or revenue undertakings, including, but not limited to, bonds, notes, warrants, certificates or other evidences of indebtedness, or other obligations for borrowed money issued or to be issued by any state party. 'Debt' includes any financing lease or installment purchase contracts of any state authority.

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(4) 'Independent financial adviser' means a person or entity experienced in the financial aspects and risks of qualified interest rate management agreements that is retained by the state party to render advice with respect to a qualified interest rate management agreement. The independent financial adviser may not be the counterparty or an affiliate or agent of the counterparty on a qualified interest rate management agreement with respect to which the independent financial adviser is advising the state party. (5) 'Interest rate management plan' means a written plan prepared or reviewed by an independent financial adviser with respect to qualified interest rate management agreements of the state party. (6) 'Lease or installment purchase contract' means multiyear lease, purchase, installment purchase, or lease purchase contracts within the meaning of Code Sections 50-5-64, 50-5-65, and 50-5-77 or substantially similar other or successor Code sections. (7) 'State party' means the state and any state authority. (8) 'Qualified interest rate management agreement' means an agreement, including a confirmation evidencing a transaction effected under a master agreement, entered into by the state party in accordance with, and fulfilling the requirements of, Code Section 50-17-101 which agreement in the judgment of the state party is designed to manage interest rate risk or interest cost of the state party on any debt or lease or installment purchase contract the state party is authorized to incur, including, but not limited to, interest rate swaps or exchange agreements, interest rate caps, collars, corridors, ceiling, floor, and lock agreements, forward agreements, swaptions, warrants, and other interest rate agreements which, in the judgment of the state party, will assist the state party in managing the interest rate risk or interest cost of the state or state authority. (9) 'State authority' means any state authority as defined in paragraph (9) of Code Section 50-17-21, as amended.
50-17-101. (a) The commission is authorized to and shall establish guidelines, rules, or regulations with respect to the procedures for approving interest rate management plans and with respect to any requirements for qualified interest rate management agreements. Such guidelines, rules, and regulations shall apply to the interest rate management plans and qualified interest rate management agreements of any state party. Such guidelines, rules, and regulations shall not constitute a rule within the meaning of Chapter 13 of this title, the 'Georgia Administrative Procedure Act,' including, without limitation, the term 'rule' as defined in paragraph (6) of Code Section 50-13-2 and used in Code Section 50-13-4. (b) With respect to all or any portion of any debt or any lease or installment purchase contract, either issued or anticipated to be issued by the state party, the state party may enter into, terminate, amend, or otherwise modify a qualified interest rate management agreement under such terms and conditions as the state party may determine, including,

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without limitation, provisions permitting the state party to pay to or receive from any counterparty any loss of benefits under such agreement upon early termination thereof or default under such agreement. (c) Payments received by a state party pursuant to the terms of a qualified interest rate management agreement shall not be deposited into the state general fund but shall be subject to disposition by the state party and applied in accord with the goals of managing interest rate risk and interest cost as set forth in the qualified interest rate management agreement, any authorizing document for the debt or the lease or installment purchase contract to which such qualified interest rate management agreement relates, or such state partys interest rate management plan.
(d)(1) With respect to any qualified interest rate management agreement related to all or any portion of debt of a state party, the obligations of the state party contained in such qualified interest rate management agreement may be incurred as related or additional obligations of such debt and approved in the same manner as required for authorizing, approving, and issuing such debt to the extent not otherwise prohibited, limited, or impractical and consistent with any tax-exempt status of the related debt. If this power is exercised with respect to state debt, the obligations to pay a counterparty shall be subordinate to the obligations to pay holders of general obligation debt, guaranteed revenue debt, and all payments required under contracts entitled to the protection of the second paragraph of Paragraph I(a), Section VI, Article IX of the Constitution of 1976. (2) When the obligations of the state party are not incurred as related or additional obligations pursuant to paragraph (1) of this subsection and the qualified interest rate management agreement relates to debt of a state authority, the qualified interest rate management agreement shall be on such terms and conditions as the state party and counterparty agree consistent with provisions of this article. (3) When the obligations of the state party are not incurred as related or additional obligations pursuant to paragraph (1) of this subsection and the qualified interest rate management agreement relates to debt of the state or to a lease or installment purchase contract, the obligations of the state party contained in such qualified interest rate management agreement may renew from fiscal year to fiscal year and may provide for the payment of any fee related to a termination or a nonrenewal, so long as the following requirements are satisfied:
(A) Such qualified interest rate management agreement shall terminate absolutely at the close of the fiscal year in which it was executed and at the close of each succeeding fiscal year for which it may be renewed; (B) Any renewal of such qualified interest rate management agreement shall require positive action taken by the state party or in such other manner not otherwise prohibited by law which method of renewal and termination, in either case, shall be specified in the qualified interest rate management agreement; and (C) Such qualified interest rate management agreement shall include a statement of the total obligation of the state party for the fiscal year of execution and, if renewed, for the fiscal year of renewal.

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A qualified interest rate management agreement meeting the requirements of this paragraph may also provide that the states obligations will terminate immediately and absolutely at such time as appropriated and other funds encumbered for payment by the state pursuant to the terms of such qualified interest rate management agreement are no longer available to satisfy such obligations. The total obligation of the state for the fiscal year payable pursuant to a qualified interest rate management agreement may be stated in contingent but objective terms with respect to variable rate payments or termination payments, but in that event a qualified interest rate management agreement must provide that it will terminate immediately and absolutely at such time as appropriated and other funds encumbered for its payment are no longer available to satisfy the obligations of the state under such agreement. A qualified interest rate management agreement executed under this paragraph shall not be deemed to create a debt of the state or otherwise obligate the payment of any sum beyond the fiscal year of execution or, in the event of a renewal, beyond the fiscal year of such renewal. When a qualified interest rate management agreement is executed under this paragraph or paragraph (1) of this subsection, the obligation of the state may be treated as an operating expense of the commission within the meaning of Paragraph VII of Section IV of Article VII of the Constitution and within the meaning of paragraph (2) of subsection (g) of Code Section 50-17-22 and of subsection (b) of Code Section 50-17-27. (e)(1) The obligations of a state party to pay a counterparty under a qualified interest rate management agreement with respect to debt may be paid from any lawful source, to the extent not otherwise prohibited, limited, or impractical and consistent with any tax exempt status of the related debt and in compliance with the Budget Act, including without limitation, as to the state, proceeds of general obligation debt, earnings on investments of proceeds of general obligation debt, appropriations of state and federal funds, and agency funds; and, as to any state authority, any funds of such state authority to the extent not otherwise prohibited, limited, or impractical and consistent with any tax exempt status of the related debt. (2) The obligations of a state party to pay a counterparty under a qualified interest rate management agreement with respect to a lease or installment purchase contract may be paid from any lawful source, to the extent not otherwise prohibited, limited, or impractical and consistent with any tax-exempt status of the related lease or installment purchase agreement and in compliance with the Budget Act, including without limitation appropriations of state and federal funds and agency funds. (f)(1) With respect to obligations of a state authority to pay a counterparty, any qualified interest rate management agreement of a state authority may provide that it is an unconditional, limited recourse obligation of such state authority payable from a specified revenue source. (2) A state authority may, in any qualified interest rate management agreement that constitutes a limited recourse obligation of the state authority, pledge to the punctual payment of amounts due under the qualified interest rate management agreement revenues from a specified revenue source, which shall not include any taxes,

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including without limitation collateral derived from such revenue source or proceeds of the debt, including debt for future delivery, to which such qualified interest rate management agreement relates. (3) A qualified interest rate management agreement that constitutes a limited recourse obligation shall not be payable from or charged upon any funds other than the revenue identified as the source of payment thereof, nor shall the state authority entering into the same be subject to any pecuniary liability thereon. No counterparty under any such qualified interest rate management agreement shall ever have the right to compel any exercise of the taxing power of the state or the state authority to pay any amount due under any such qualified interest rate management agreement, nor to enforce payment thereof against any property of the state or state authority, other than the specified revenue source; nor shall any such qualified interest rate management agreement constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the state or state authority, other than the specified revenue source. Every such qualified interest rate management agreement shall contain a recital setting forth the substance of this paragraph. (g)(1) The commission shall act for the state with respect to debt of the state and a qualified interest rate management agreement. However, upon authorization of the Governor, the Office of Treasury and Fiscal Services shall act as fiscal agent or provide other administrative services. (2) A state authority shall act for itself with respect to an interest rate management plan, a qualified interest rate management agreement, and an independent financial advisor regarding the debt of the state authority subject, however, to the guidelines, rules, and regulations of the commission under subsection (a) of this Code section. Further, the interest rate management plan, a qualified interest rate management agreement, and retention of an independent financial advisor will be treated as financial advisory matters within the exclusive authority and jurisdiction of the commission under paragraph (1) of subsection (f) of Code Section 50-17-22 and will require specific commission approval, unless the commission otherwise directs in either the specific case or in general terms. Upon authorization of the Governor, the Office of Treasury and Fiscal Services shall act as fiscal agent or provide other administrative services for a qualified interest rate management agreement of the state authority. (3) The agency responsible for payment shall act for the state with respect to a lease or installment purchase contract but only under the supervision and approval of the commission. Upon authorization of the Governor, the Office of Treasury and Fiscal Services shall act as fiscal agent or provide other administrative services.
50-17-102. (a) Prior to executing and delivering a qualified interest rate management agreement, the state party shall have adopted an interest rate management plan that includes:

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(1) An analysis of the interest rate risk, basis risk, termination risk, credit risk, market-access risk, and other risks to the state party entering into qualified interest rate management agreements; (2) The state partys procedure for approving and executing qualified interest rate management agreements; (3) The state partys plan to monitor interest rate risk, basis risk, termination risk, credit risk, market-access risk, and other risks; and (4) Such other provisions as may from time to time be required by the commission, including but not limited to additional provisions due to changes in market conditions for qualified interest rate management agreements. Any interest rate management plan adopted by the state shall be approved by the commission or by a designated officer of the commission and shall have been reviewed by an independent financial adviser approved by the commission. (b) The state party shall conduct an annual review of its interest rate management plan as to the adequacy of the procedures set forth in such plan for the analysis and monitoring requirements set forth in subsection (a) of this Code section. A report summarizing the results of such review shall be submitted annually to the commission and, with respect to any interest rate management plan of a state authority, to the governing body of such state authority. The requirements of this subsection shall not be construed as to require the review of any existing interest rate management plan by an independent financial adviser.
50-17-103. (a) Each qualified interest rate management agreement shall meet the following requirements:
(1) The maximum term, including any renewal periods, of any qualified interest rate management agreement of the state may not exceed ten years unless such longer term has been approved by the commission. In addition to approval of the commission required by paragraph (2) of subsection (g) of Code Section 50-17-101, the maximum term, including any renewal periods, of any qualified interest rate management agreement of a state authority may not exceed ten years unless such longer term has been approved by the governing body of the state authority. The foregoing provisions of this paragraph notwithstanding, in no case may the term of the qualified interest rate management agreement exceed the latest maturity date of the bonds, notes, debt, or lease or installment purchase contract referenced in the qualified interest rate management agreement. (2) The state party shall enter into a qualified interest rate management agreement only with a counterparty meeting the requirements set forth in paragraph (2) of Code Section 50-17-100. (3) Prior to the execution and delivery by the state of any qualified interest rate management agreement, an interest rate management plan meeting the requirements of Code Section 50-17-102 must have been submitted to the commission and the commission shall have been provided evidence that such qualified interest rate

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management agreement is in compliance with the existing interest rate management plan. Prior to the execution and delivery by a state authority of any qualified interest rate management agreement, an interest rate management plan meeting the requirements of Code Section 50-17-102 must have been submitted to the governing body of the state authority and the governing body of the state authority shall have been provided evidence that such qualified interest rate management agreement is in compliance with the existing interest rate management plan. (4) Any qualified interest rate management agreement shall be payable only in the currency of the United States of America. (5) The notional amount of any qualified interest rate management agreement shall not exceed the outstanding principal amount of the debt or the aggregate payments due under any lease or installment purchase contract to which such agreement relates unless otherwise approved in writing by the commission for any qualified interest rate management agreement executed by the state or by the governing body of the state authority for any qualified interest rate management agreement executed by a state authority, subject to the approval of the commission required by paragraph (2) of subsection (g) of Code Section 50-17-101. (b) Any state party may enter into credit enhancement or liquidity agreements in connection with any qualified interest rate management agreement containing such terms and conditions as the state party determines are necessary or desirable, provided that any such agreement has the same source of payment as the related qualified interest rate management agreement.
50-17-104. The state party that has entered into a qualified interest rate management agreement shall include in its annual financial statements information with respect to each qualified interest rate management agreement it has authorized or entered into, including any information required by any accounting or regulatory standard to which the state party is subject.
50-17-105. When entering into any qualified interest rate management agreement authorized under this article, the agreement shall be governed by the laws of the State of Georgia, and jurisdiction over the state party in any matter concerning a qualified interest rate management agreement shall lie exclusively in the courts of the State of Georgia or in the applicable federal court having jurisdiction and located within the State of Georgia."
SECTION 3. Said title is further amended by striking paragraph (2) of subsection (g) of Code Section 50-17-22, relating to the Georgia State Financing and Investment Commission, and inserting in its place a new paragraph (2) to read as follows:
"(2) The executive secretary shall prepare, under the direction and supervision of the commission, any budgets, requests, estimates, records, or other documents deemed

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necessary or efficient for compliance with Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' to provide for the payment of personnel services, operating expense, and administration and otherwise carry out this article, provided that it is expressly declared by the General Assembly that this subsection is only intended to provide that the. The commission shall may but need not receive an appropriation for personnel, and administrative services, and other operating expenses of the commission. The commission may but need not receive an appropriation for the costs of issuance, validation, and delivery of obligations to be incurred, including, but not limited to, trustees fees, paying agent fees, printing fees, bond counsel fees, district attorney fees, clerk of the superior court fees, architect fees, and engineering fees, which costs and fees are dependent on the principal amount of the obligations incurred and are determined to be appropriate costs of the project or projects for which such obligations are incurred and are authorized to be paid from bond proceeds. The commission may but need not receive an appropriation for expenditures made for fees and expenses incurred in safeguarding and protecting public health, life, and property in connection with projects for which general obligation debt has been incurred."

SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Abdul-Salaam Y Amerson E 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 Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson
Dodson Y Dollar Y Drenner Y Dukes
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 Y James Y Jamieson Y Jenkins E Jennings Y Johnson Y Jones, J Y Jones, S

Y Maxwell Y May
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 Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C E 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 Y Bryant Y Buckner, D Y Buckner, G
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 Fludd Y Forster Y Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene
Hanner Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall E Hembree Y Henson Y Hill, C Y Hill, C.A

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

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 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 157, nays 0.

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

By unanimous consent, SB 227 was ordered immediately transmitted to the Senate.

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.

The following substitute, offered by the Committee on Rules, was read and adopted:

A BILL

To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain provisions relating to returns of real property and tangible personal property located on airports; to change certain provisions relating to the use of the county tax digest following certain orders of the state revenue commissioner; to provide effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking Code Section 48-5-15.1, relating to returns of real property and tangible personal property located on airports, and inserting in lieu thereof the following:
"48-5-15.1. (a)(1) All real property and tangible personal property shall be returned for taxation and subject to taxation as provided in this Code section subsection where such property is located on the premises of an airport and: (1)(A) Such airport is divided by one or more county lines such that the airport is located in two or more counties; and (2)(B) Such airport is owned or operated by a local airport authority which authority functions on behalf of one of the counties within which the airport is located. (b)(2) For the purposes of this Code section subsection, an authority shall be considered as functioning on behalf of a county where a majority of the members of the authority are members who meet any of the following descriptions: (1)(A) An authority member who is also a member of the county governing authority or an official or employee of the county; (2)(B) An authority member appointed by the county governing authority or appointed by an officer of the county; (3)(C) An authority member who is also a member of the governing authority of a city within the county or an official or employee of a city within the county; or (4)(D) An authority member appointed by the governing authority of a city within the county or appointed by an officer of a city within the county. (c)(3) All such real property and tangible personal property located on the premises of an airport as described in subsections (a) and (b) of this Code section paragraphs (1) and (2) of this subsection shall be returned for taxation to the tax commissioner or tax receiver of the county on behalf of which the airport authority functions. All such real and tangible personal property shall be subject to taxation by only the county on behalf of which the airport authority functions and not by any other county. (b)(1) All real property and tangible personal property shall be returned for taxation and subject to taxation as provided in this subsection where such property is located on the premises of an airport which lies entirely within one county but such airport is owned or operated by a local airport authority which authority functions on behalf of more than one county. (2) For the purposes of this subsection, an authority shall be considered as functioning on behalf of a county where any member of the authority is a member who meets any of the following descriptions: (A) An authority member who is also a member of the county governing authority or an official or employee of the county;

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(B) An authority member appointed by the county governing authority or appointed by an officer of the county; (C) An authority member who is also a member of the governing authority of a city within the county or an official or employee of a city within the county; or (D) An authority member appointed by the governing authority of a city within the county or appointed by an officer of a city within the county. (3) All such real property and tangible personal property located on the premises of an airport as described in paragraphs (1) and (2) of this subsection shall be returned for taxation to the tax commissioner or tax receiver of the county in which the airport is located; provided, however, that all such real and tangible personal property shall be subject to taxation by each county on behalf of which the airport authority functions in the same proportion as that proportion of the total number of authority board members who are from such county, and the revenue collected by the county to which the property is returned shall be apportioned among and paid over to each county accordingly. (d)(c) Nothing in this Code section shall apply with respect to any airport certificated under Title 14, Part 139, of the Code of Federal Regulations or shall apply with respect to the taxation of commercial airliners which shall be subject to Article 12 of this chapter and other applicable provisions of law. With respect to aircraft which would otherwise be subject to the provisions of Code Section 48-5-16, the provisions of this Code section shall control over the provisions of Code Section 48-5-16. Except as specifically provided otherwise in the first sentence of this subsection, this Code section shall control over any other conflicting provisions of this chapter; but nothing in this Code section shall be construed as taking away the tax-exempt status of any property which is otherwise exempted by law from ad valorem taxation."
SECTION 2. Said chapter is further amended in Code Section 48-5-345, relating to the use of the county tax digest following certain orders of the state revenue commissioner, by striking paragraph (1) of subsection (a) and inserting in lieu thereof the following:
"(a)(1) Upon the determination by the commissioner that a county tax digest is in proper form, that the property therein that is under appeal is within the limits of Code Section 48-5-304, and that the digest is accompanied by all documents, statistics, and certifications required by the commissioner, the commissioner shall issue a receipt for the digest and enter an order authorizing the use of said digest for the collection of taxes. Except as otherwise provided by Code Sections 48-5-299, 48-5-311, and 48-5305, all assessed valuations of real property on the digest shall be final at the time the commissioner issues an order for the billing and collection of taxes."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; except that Section 1 of this Act shall become effective on January 1, 2006, and shall apply to all taxable years beginning on or after such date.

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

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

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

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

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson
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 E Greene Y Hanner
Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall E 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 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 Y Lucas
Lunsford Y Maddox E Mangham Y Manning Y Marin Y Martin

Y Maxwell Y May
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
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 E Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C E 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 154, nays 2.

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

Representatives Jamieson of the 28th and Powell of the 29th stated that they

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inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.

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.

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 E Anderson Y Ashe Y Barnard
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
Burkhalter Y Burmeister Y Burns Y Butler
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
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
Geisinger Y Golick Y Graves, D Y Graves, T E Greene Y Hanner
Harbin Y Hatfield Y Heard, J E Heard, K
Heckstall E 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 Y Jamieson Y Jenkins E Jennings
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
Lord Y Loudermilk Y Lucas
Lunsford Y Maddox E 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 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 Sailor E Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Sheldon Y Sims, C E 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 Walker Y Warren 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 adoption of the Resolution, the ayes were 148, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
Representatives Geisinger of the 48th 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 message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 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

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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.

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.

The following supplemental Rules Calendar was read and adopted:

HOUSE SUPPLEMENTAL RULES CALENDAR THURSDAY, MARCH 24, 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 24, 2005, by adding the following:

DEBATE CALENDAR

Structured Rule

SB 190

Environmental Advisory; judicial review of contested cases; filing of

petition

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

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

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Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 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 instances shall not result in a stay of a decision except under certain conditions; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and withdrawn:
A BILL
To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to change certain provisions 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; to provide that the filing of a petition in certain instances shall result in a limited stay of an order or action of the director; to provide time limits for administrative judicial decision making; to provide for exceptions; to change certain provisions relating to hearing and judicial review relative to air quality; to amend Code Section 50-13-19 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 instances shall not result in a stay of a decision except under certain conditions; to provide for exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 12 of the Official Code of Georgia Annotated, related to conservation and natural resources, is amended in Code Section 12-2-2, 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, by striking paragraph (2) of subsection (c) and inserting in lieu thereof the following:

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"(2)(A) Any person who is aggrieved or adversely affected by any order or action of the director shall, upon petition within 30 days after the issuance of such order or the taking of such action, have a right to a hearing before an administrative law judge appointed by the Board of Natural Resources. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations adopted by the board pursuant thereto. Any administrative law judge so appointed by the board shall fully meet and qualify as to all applicable conflict of interest requirements provided for in Section 304(h)(2)(D) of the Federal Water Pollution Control Act of 1972, as amended, and the rules, regulations, and guidelines promulgated thereunder. (B) In any case involving the grant of a permit, permit amendment, or variance by the director, the filing of such a petition by a person to whom such order or action is not directed shall stay such order or action until such time as the hearing has been held and the administrative law judge renders his or her decision on the matter. The petition shall be transmitted to the administrative law judge not more than seven days after the date of filing. The provisions of subsection (c) of Code Section 50-1341 notwithstanding, the hearing shall be held and the decision of the administrative law judge shall be rendered not later than 90 days after the date of the filing of the petition by such a person unless such period is extended for a time certain by order of the administrative law judge upon consent of all parties. (C) The provisions of subparagraph (B) of this paragraph notwithstanding, in any case involving the grant of a permit, permit amendment, or variance by the director regarding water withdrawal for farm uses under Code Section 12-5-31 or Code Section 12-5-105, the filing of a petition under subparagraph (A) of this paragraph by any person to whom such order or action is not directed shall not stay such order or action. (D) The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the director, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50."
SECTION 2. Said title is further amended in Code Section 12-9-15, relating to hearing and judicial review relative to air quality, by designating the provisions of subsection (a) as paragraph (1) of said subsection and adding a new paragraph to read as follows:
"(2) The provisions of subparagraph (c)(2)(B) of Code Section 12-2-2 shall apply to proceedings under this Code section."
SECTION 3. Code Section 50-13-19 of the Official Code of Georgia Annotated, relating to judicial review of contested cases, is amended by striking subsection (d) and inserting in lieu thereof the following:

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"(d)(1) The filing of the petition for judicial review in superior court does not itself stay enforcement of the agency decision. Except as otherwise provided in this subsection, the agency may grant, or the reviewing court may order, a stay upon appropriate terms for good cause shown. (2) In cases involving the grant of a permit, permit amendment, or variance by the director of the Environmental Protection Division of the Department of Natural Resources in which the petition for judicial review in superior court was filed by any person to whom such contested order or action is not directed, a stay shall not be granted unless by order of the superior court upon motion for a temporary restraining order or interlocutory injunction in accordance with Code Section 9-11-65. (3) The provisions of paragraphs (1) and (2) of this subsection notwithstanding, in any case involving the grant of a permit, permit amendment, or variance by the director of the Environmental Protection Division of the Department of Natural Resources regarding water withdrawal for farm uses under Code Section 12-5-31 or Code Section 12-5-105, no stay shall be authorized if the petition for judicial review in superior court was filed by any person to whom such order or action is not directed. (4) In contested cases involving a license to practice medicine or a license to practice dentistry in this state, a reviewing court may order a stay or an agency may grant a stay only if the court or agency makes a finding that the public health, safety, and welfare will not be harmed by the issuance of the stay."
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 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to change certain provisions 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; to provide that the filing of a petition in certain instances shall result in a limited stay of an order or action of the director; to provide time limits for administrative judicial decision making; to provide for exceptions; to change certain provisions relating to hearing and judicial review relative to air quality; to amend Code Section 50-13-19 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 instances shall not result in a stay of a decision except under certain conditions; to provide for exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Title 12 of the Official Code of Georgia Annotated, related to conservation and natural resources, is amended in Code Section 12-2-2, 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, by striking paragraph (2) of subsection (c) and inserting in lieu thereof the following:
"(2)(A) Any person who is aggrieved or adversely affected by any order or action of the director shall, upon petition to the director within 30 days after the issuance of such order or the taking of such action, have a right to a hearing before an administrative law judge appointed by of the Office of State Administrative Hearings assigned under Code Section 50-13-40 and acting in place of the Board of Natural Resources. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations adopted by the board pursuant thereto. Any administrative law judge so appointed by the board assigned shall fully meet and qualify as to all applicable conflict of interest requirements provided for in Section 304(h)(2)(D) of the Federal Water Pollution Control Act of 1972, as amended, and the rules, regulations, and guidelines promulgated thereunder. (B) In any case involving the grant of a permit, permit amendment, or variance by the director, the filing of such a petition by a person to whom such order or action is not directed shall stay such order or action until such time as the hearing has been held and for ten days after the administrative law judge renders his or her decision on the matter. The petition shall be transmitted to the administrative law judge not more than seven days after the date of filing. The provisions of subsection (c) of Code Section 50-13-41 notwithstanding, the hearing shall be held and the decision of the administrative law judge shall be rendered not later than 90 days after the date of the filing of the petition by such a person unless such period is extended for a time certain by order of the administrative law judge upon consent of all parties; in addition, the administrative law judge may extend the 90 day period for good cause shown for a period not to exceed an additional 60 days. (C) The provisions of subparagraph (B) of this paragraph notwithstanding, in any case involving the grant of a permit, permit amendment, or variance by the director regarding water withdrawal for farm uses under Code Section 12-5-31 or Code Section 12-5-105, the filing of a petition under subparagraph (A) of this paragraph by any person to whom such order or action is not directed shall not stay such order or action. (D) The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the director, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50."
SECTION 2. Said title is further amended in Code Section 12-9-15, relating to hearing and judicial review relative to air quality, by designating the provisions of subsection (a) as paragraph

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(1) of said subsection and adding a new paragraph to read as follows: "(2) The provisions of subparagraph (c)(2)(B) of Code Section 12-2-2 shall apply to proceedings under this Code section."

SECTION 3. Code Section 50-13-19 of the Official Code of Georgia Annotated, relating to judicial review of contested cases, is amended by striking subsection (d) and inserting in lieu thereof the following:
"(d)(1) The filing of the petition for judicial review in superior court does not itself stay enforcement of the agency decision. Except as otherwise provided in this subsection, the agency may grant, or the reviewing court may order, a stay upon appropriate terms for good cause shown. (2) In cases involving the grant of a permit, permit amendment, or variance by the director of the Environmental Protection Division of the Department of Natural Resources in which the petition for judicial review in superior court was filed by any person to whom such contested order or action is not directed, a stay shall not be granted unless by order of the superior court upon motion for a temporary restraining order or interlocutory injunction in accordance with Code Section 9-11-65. (3) The provisions of paragraphs (1) and (2) of this subsection notwithstanding, in any case involving the grant of a permit, permit amendment, or variance by the director of the Environmental Protection Division of the Department of Natural Resources regarding water withdrawal for farm uses under Code Section 12-5-31 or Code Section 12-5-105, no stay shall be authorized if the petition for judicial review in superior court was filed by any person to whom such order or action is not directed. (4) In contested cases involving a license to practice medicine or a license to practice dentistry in this state, a reviewing court may order a stay or an agency may grant a stay only if the court or agency makes a finding that the public health, safety, and welfare will not be harmed by the issuance of the stay."

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 E Anderson Y Ashe Y Barnard Y Barnes

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson

Y Holmes Y Holt Y Horne N Houston
Howard Y Hudson

Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar

N Sailor E Scheid Y Scott, A Y Scott, M Y Setzler
Shaw

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N Bearden Y Beasley-Teague Y Benfield Y Benton Y Black N Bordeaux Y Borders N Bridges N Brooks Y Brown Y Bruce N 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 Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

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

Y Hugley N Jackson N Jacobs Y James N 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
Lane, B Y Lane, R Y Lewis Y Lindsey
Lord Y Loudermilk Y Lucas
Lunsford Y Maddox E Mangham Y Manning Y Marin Y Martin

Y Miller Mills
N Mitchell N Morgan Y Morris N Mosby Y Mosley
Mumford Y Murphy, J Y Murphy, Q Y Neal N 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 Sheldon Y Sims, C E 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 Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Warren N 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 132, nays 21.

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

Representatives Graves of the 137th, Mills of the 25th, and Mumford of the 95th 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 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

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of patients committed for tuberculosis treatment; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

On the passage of the Bill, 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 Y 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 Y Dickson
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
Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T E Greene Y Hanner
Harbin Y Hatfield Y Heard, J E Heard, K
Heckstall E 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 Jordan Keen Y Keown Y Kidd Y Knight Y Knox Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Lord Y Loudermilk Lucas Y Lunsford Y Maddox E 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 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

On the passage of the Bill, the ayes were 152, nays 0.

Y Sailor E Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C E 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

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

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 "aye" thereon.

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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.
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 health care; to amend Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans, so as to 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 Official Code of Georgia Annotated, relating to the health insurance fund for public employees, so as to provide that the commissioner of community health may combine the health insurance fund for public 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 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 repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans, is amended by adding a new subsection (c) to Code Section 20-2-891, relating to health insurance fund for public school teachers, to read as follows:

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"(c) Notwithstanding any provision of law to the contrary, the commissioner may combine the fund provided for in this Code section with the funds provided for in Code Section 20-2-918 and Code Section 45-18-12."
SECTION 2. Said part is further amended by striking subsection (b) of Code Section 20-2-892, relating to contributions by employees, state, and local employers, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) As the local employers share, the local employer shall contribute to the health insurance fund such portion of the cost of such benefits as may be established by the Governor and the board based on a percentage of the total outlay for the salaries of teachers employed by the local employer and, in addition thereto, an amount to be established by the board to defray the cost of administration. The board shall determine whether such portion shall be determined based upon a percentage of the total outlay for the salaries of teachers employed by the local employer or determined on an amount per employee electing coverage under the plan based on the coverage elected, in accordance with the appropriation of funds. If a local employer fails to remit the employers share as calculated by the commissioner, as provided in this Code section, it shall be the duty of the commissioner to notify the State Board of Education of such failure and it shall be the duty of the State Board of Education to withhold from the employer which has failed to comply all appropriations allotted to such employer until such employer has fully complied with the provisions of this Code section by making remittance of the sums required.
SECTION 3. Said part is further amended by striking subsection (a) of Code Section 20-2-915, relating to coverage for retiring and retired public school and certain community college employees and dependents, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The contract or contracts shall provide for health insurance for retiring public school employees and their spouses and dependent children, as defined by the regulations of the board, under such terms as the board may deem appropriate. The board shall adopt regulations prescribing the conditions under which an employee or retiring employee may elect to participate in or withdraw from the health insurance plan; provided, however, that any such persons who are eligible to receive a benefit under Chapter 3 or 4 of Title 47 shall be entitled to continue health benefit coverage from active service by authorizing deductions from the retirees retirement benefit or by paying a quarterly premium directly to the board as provided by the rules and regulations of the board. For retirees who pay directly, the participation rate shall be the same as the rate charged to other retired direct payees. Surviving spouses of direct paying retirees shall be eligible to continue coverage at the death of the retiree under the same conditions as the retiree but shall not be eligible to include additional persons in the contract after the retirees death. The board may limit the choices of direct

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paying retirees to the level of coverage supported by the employer contribution authorized under this Code section."
SECTION 4. Said part is further amended by striking Code Section 20-2-918, relating to health insurance fund for public school employees, and inserting in lieu thereof a new Code Section 20-2-918 to read as follows:
"20-2-918. (a) There is created a health insurance fund for public school employees. The fund shall be available without fiscal year limitations for premiums, subscription charges, benefits, and administration costs. The amounts contributed by the state or from federal funds pursuant to this subpart shall be credited to such health insurance fund. All other income, including the income derived from dividends, premium rate adjustments, or other refunds under any such contract or contracts, shall be credited to and constitute a part of such fund. Any amounts remaining in such fund after all premiums or subscription charges and other expenses have been paid shall be retained in such fund as a special reserve for adverse fluctuation. The commissioner shall be the custodian of such health insurance fund and shall be responsible under a properly approved bond for all moneys coming into the fund and paid out of the fund as may be required to be paid to any contracting qualified entity under any contract entered into pursuant to this subpart and to cover administrative costs. (b) Notwithstanding any provision of law to the contrary, the commissioner may combine the fund provided for in this Code section with the funds provided for in Code Section 20-2-891 and Code Section 45-18-12."
SECTION 5. Said part is further amended by striking subsection (b) of Code Section 20-2-920, relating to withholding or deducting employees contributions, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The Department of Education and local school systems shall contribute to the health insurance fund such portion of the costs of such benefits as may be established by the board to maintain the employee contributions consistent with other health insurance plans administered by the board. In the event that the commissioner shall determine that a local employer has failed to contribute the full amount of such portion, as calculated by the commissioner, it shall be the duty of the commissioner to notify the State Board of Education of such failure and it shall be the duty of the State Board of Education to withhold from the employer which has failed to comply all appropriations allotted to such employer until such employer has fully complied with the provisions of this Code section by making remittance of the sums required.
SECTION 6. Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the health insurance fund for public employees, is amended by striking Code Section 45-

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18-12, relating to creation of health insurance fund, and inserting in lieu thereof a new Code Section 45-18-12 to read as follows:
"45-18-12. (a) There is created a health insurance fund which shall be available without fiscal year limitations for premium, subscription charge, benefits, and administration costs. The amounts withheld from employees and retired employees under this article, all amounts contributed by the state or from federal funds to such health insurance fund, and all amounts contributed by any state authority pursuant to this article shall be credited to such health insurance fund. All other income, as well as the income derived from any dividends, premium rate adjustments, or other refunds under any contract or contracts, shall be credited to and constitute a part of such fund. Any amounts remaining in such fund after all premiums or subscription charges and other expenses have been paid shall be retained in such fund as a special reserve for adverse fluctuation. The commissioner of community health shall be executive officer of the Board of Community Health for the administration of this article and custodian of such health insurance fund and shall be responsible under a properly approved bond for all moneys coming into said fund and paid out of said fund as may be required to be paid to any contracting corporation under any contract entered into pursuant to this article and to cover administrative costs. (b) Notwithstanding any provision of law to the contrary, the commissioner may combine the fund provided for in this Code section with the funds provided for in Code Section 20-2-891 and Code Section 20-2-918."
SECTION 7. Said article is further amended by striking Code Section 45-18-14, relating to deductions from compensation and benefit payments of share of cost of coverage under plan of employees, and inserting in lieu thereof a new Code Section 45-18-14 to read as follows:
"45-18-14. (a) During any period in which an employee is covered under this article prior to the date of his retirement, there shall be withheld from each salary payment or other compensation of such employee, as his share of the cost of coverage under this plan, such portion of the premium or subscription charges under the terms of any contract or contracts issued in accordance with this article as may be established by the board. During any month in which benefits are being paid by the Employees Retirement System of Georgia to an individual so covered under this program, contributions in the amounts prescribed by the board shall be deducted from such payments with the consent of the recipient. The various departments, boards, and agencies of the state government shall contribute to the health insurance fund such portions of the cost of such benefits as may be established by the board and the Governor as funds become available in each department, board, and agency, based on a percentage of the total outlay for personal services in addition to an amount to be established by the board to defray the cost of administration and the states portion of the cost of benefits payable for annuitants. The legislative fiscal officer shall contribute to the health insurance fund as an employer payment for and on behalf of all members of the General

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Assembly and its administrative and clerical personnel. The Department of Administrative Services shall contribute to the fund as an employer payment for and on behalf of district attorneys, assistant district attorneys appointed pursuant to Code Section 15-18-14, and secretaries and law clerks of the superior courts of the state and secretaries employed by district attorneys. The amount of such contributions shall be such portions of the costs of such benefits as may be established by the board as a percent of the total outlay of services rendered by members of the General Assembly, its administrative and clerical personnel, and the district attorneys of the superior courts of the state; and, in addition thereto, an amount to be established by the board shall be contributed to defray the costs of administration. The board shall determine whether such employer portion shall be determined based upon a percentage of the total outlay for personal services or determined on an amount per employee electing coverage under the plan based on the coverage elected, in accordance with the appropriation of funds. (b) If an employee has been eligible for coverage under the state health insurance plan for a period of ten years and is discharged from employment and the discharge is under appeal to the State Personnel Board, such employee shall be entitled to continue coverage by paying the employee contribution under the health insurance plan until the State Personnel Board has rendered a decision or for a period of six months, whichever is less."
SECTION 8. Chapter 18 of Title 45, relating to employees insurance and benefits plans, is amended by adding a new Article 6 to read as follows:
"ARTICLE 6
45-18-100. As used in this article, the term:
(1) 'Actuarial accrued liability' means that portion, as determined by a particular actuarial cost method, of the actuarial present value of fund obligations and administrative expenses which is not provided for by future normal costs. (2) 'Actuarial assumptions' means assumptions regarding the occurrence of future events affecting costs of the fund such as mortality, withdrawal, disability, and retirement; changes in compensation and offered post-employment benefits; rates of investment earnings and asset appreciation or depreciation; procedures used to determine the actuarial value of assets; and other such relevant items. (3) 'Actuarial cost method' means a method for determining the actuarial present value of the obligations and administrative expenses of the fund and for developing an actuarially equivalent allocation of such value to time periods, usually in the form of a normal cost and an actuarial accrued liability. Acceptable actuarial methods are the aggregate, attained age, entry age, frozen attained age, frozen entry age, and projected unit credit methods.

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(4) 'Actuarial present value of total projected benefits' means the present value, at the valuation date, of the cost to finance benefits payable in the future, discounted to reflect the expected effects of the time value of money and the probability of payment. (5) 'Actuarial valuation' means the determination, as of a valuation date, of the normal cost, actuarial accrued liability, actuarial value of assets, and related actuarial present values for the fund. (6) 'Actuarially sound' means that calculated contributions to the fund are sufficient to pay the full actuarial cost of the fund. The full actuarial cost includes both the normal cost of providing for fund obligations as they accrue in the future and the cost of amortizing the unfunded actuarial accrued liability over a period of no more than 30 years. (7) 'Administrative expenses' means all expenses incurred in the operation of the fund, including all investment expenses. (8) 'Annual required contribution' means the amount determined in accordance with requirements of Governmental Accounting Standards Board Statement No. 43, or any subsequent Governmental Accounting Standards Board statements that may be applicable to the fund. (9) 'Board' means the Board of Community Health. (10) 'Covered health care expenses' means all actual health care expenses paid by the health plan on behalf of fund beneficiaries. Actual health care expenses include claims payments to providers and premiums paid to intermediary entities and health care providers by the health plan. (11) 'Department' means the Department of Community Health. (12) 'Eligible to participate' means employees of employers who are participating in the health plan and those employees of employers who qualify to participate in the health plan but choose not to do so. (13) 'Employer' means the State of Georgia; the departments, agencies, or institutions of the state; and any political subdivision of the state that employs persons who are eligible to participate in the health plan. (14) 'Fund' means the Georgia Retiree Health Benefit Fund established under this article. (15) 'Fund beneficiaries' means all persons receiving post-employment health care benefits through the health plan. (16) 'Fund participants' means employees of an employer who are eligible to participate in the health plan. (17) 'Health plan' means the state employees health insurance plan established under Article 1 of this chapter, the health insurance plan for public school teachers established under Subpart 1 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, and the health insurance plan for public school employees established under Subpart 2 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated.

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(18) 'Normal cost' means that portion of the actuarial present value of the fund obligations and expenses which is allocated to a valuation year by the actuarial cost method used for the fund. (19) 'Obligations' means the administrative expenses of the fund and the cost of covered health care expenses incurred on behalf of fund beneficiaries less any amounts received by or on behalf of fund beneficiaries. (20) 'Retirement plan' means any retirement or pension plan or any other plan or program which exists on July 1, 2006, or which is created or established on or after that date, and which is maintained by an employer or maintained pursuant to law or other authority of an employer for the purpose of paying retirement benefits to fund beneficiaries. The term shall also include any plan or program that creates a retired position, including, but not limited to, emeritus positions, which provides a salary for such position in lieu of a retirement benefit. The term shall also include a plan that provides for an individual account for each participant and for benefits determined solely upon the amounts contributed by the employer and the participant to the participants account and any income, expenses, gains, and losses. (21) 'State plan for other post-employment benefits' means the State of Georgia fiscal funding plan for retiree post-employment health care benefits as it relates to Governmental Accounting Standards Board Statement No. 43, or any subsequent Governmental Accounting Standards Board statements that may be applicable to the fund. (22) 'Unfunded actuarial accrued liability' means for any actuarial valuation the excess of the actuarial accrued liability over the actuarial value of the assets of the fund under an actuarial cost method utilized by the fund for funding purposes.
45-18-101. (a) There is created the Georgia Retiree Health Benefit Fund to provide for the employer costs of retiree post-employment health insurance benefits. (b) The fund shall be available without fiscal year limitations for covered health care expenses and administration costs. All employer contributions, appropriations, earnings, and reserves for the payment of obligations under this article shall be credited to such fund. The amounts remaining in such fund, if any, after such health care expenses and administration costs have been paid shall be retained in such fund as a special reserve for adverse fluctuation. All assets of the fund shall be used solely for the payment of fund obligations and for no other purpose.
45-18-102. (a) Responsibility for the proper operation of the fund is vested in the department. (b) The board shall adopt actuarial assumptions as it deems necessary and prudent. (c) The board shall determine the minimum annual required contribution rates sufficient to maintain the fund in accordance with the state plan for other postemployment benefits.

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(d) The board may adopt any rules and regulations that it finds necessary to properly administer the fund. (e) The department shall furnish reports to the board at each of the boards regularly scheduled meetings for the boards review. The reports shall contain the most recent information reasonably available to the department reflecting the obligations of the fund, earnings on investments, and such other information as the board deems necessary and appropriate. (f) The commissioner of community health, as executive officer of the board, shall employ such personnel as may be needed to carry out the provisions of this article and such personnel shall be employees of the Department of Community Health. The pro rata share of the costs of operating the Department of Community Health in the manner prescribed by law shall be a part of the administrative costs of the fund. (g) The department may employ or contract for the services of actuaries and other professionals as required to carry out the duties established by this article. (h) The department shall contract with the Division of Investment Services of the Teachers Retirement System of Georgia and the Employees Retirement System of Georgia for any necessary services with respect to fund investments. (i) The department shall maintain all necessary records regarding the fund in accordance with generally accepted accounting principles, as applicable to the fund. (j) The department shall collect all moneys due to the fund and shall pay any administrative expenses necessary and appropriate for the operation of the fund from the fund. (k) The department shall prepare an annual report of fund activities. Such reports shall include, but not be limited to, audited financial statements. (l) Notwithstanding any other provision of law to the contrary, the department shall be entitled to any information that it deems necessary and appropriate from a retirement system in order that the provisions of Code Section 45-18-103 may be carried out.
45-18-103. (a) The actuary employed or retained by the department shall provide technical advice to the department and to the board regarding the operation of the fund. (b) Utilizing the actuarial assumptions most recently adopted by the board, the actuary shall set annual actuarial valuations of normal cost, actuarial liability, actuarial value of assets, and related actuarial present values for the state plan for other post-employment benefits.
45-18-104. (a) The department shall have control over the fund established by this chapter. The obligations provided for in this chapter and all administrative expenses shall be paid from the fund. The department may expend moneys from the fund for any purpose authorized by this chapter. (b) The department shall have full power to invest and reinvest its assets, subject to all of the terms, conditions, limitations, and restrictions imposed by Article 7 of Chapter 20

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3227

of Title 47, the 'Public Retirement Systems Investment Authority Law.' Subject to such terms, conditions, limitations, and restrictions, the department shall have full power to hold, purchase, sell, assign, transfer, and dispose of any securities and investments in which any of the moneys are invested, including the proceeds of any investments and other moneys belonging to the fund. (c) Except as otherwise provided in this chapter, no member of the board or employee of the department shall have any personal interest in the gains or profits from any investment made by the board or use the assets of the fund in any manner, directly or indirectly, except to make such payments as may be authorized by the board or by the commissioner of community health as the executive officer of the board in accordance with this article.

45-18-105. (a) The board shall annually determine the minimum annual required contributions sufficient to maintain the fund in an actuarially sound manner in accordance with Governmental Accounting Standards Board Statement No. 43, or any subsequent Governmental Accounting Standards Board statements that may be applicable to the fund. (b) The board may annually establish employer contribution rates in accordance with the state plan for other post-employment benefits. (c) It shall be the responsibility of employers to make contributions to the fund in accordance with the employer contribution rates established by the board.

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, 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 E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges

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

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 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 Sailor E Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C E 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 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

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

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

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
Randall Y Ray Y 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 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 148, nays 1.

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

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.

The following substitute, offered by Representatives Teilhet of the 40th and Ralston of the 7th, was read:

A BILL

To amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated,

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3229

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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, is amended by adding a new Code Section 35-334.2 to read as follows:
"35-3-34.2. (a) It is the purpose of this Code section to authorize and facilitate, but not require, the exchange of national criminal history background checks with authorized agencies on behalf of qualified entities as authorized under federal law. (b) As used in this Code section, the term:
(1) 'Authorized agency' means any local government agency designated to report, receive, or disseminate information under the NCPA and the VCA. (2) 'Care' means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities. (3) 'FBI' means the Federal Bureau of Investigation. (4) 'National criminal history background check' means a fingerprint based check of state and national criminal history files based on submission of a set of classifiable fingerprints and records fee. (5) 'NCPA' means the 'National Child Protection Act of 1993,' 42 U.S.C. Sections 3759, 5101 note, 5119, 5119(a) to 5119(c). (6) 'ORI' means an originating agency identifier. (7) 'Provider' means:
(A) A person who: (i) Is employed by or volunteers with a qualified entity; (ii) Owns or operates a qualified entity; or (iii) Has or may have unsupervised access to a person to whom the qualified entity provides care; and
(B) A person who: (i) Seeks to be employed by or volunteer with a qualified entity; (ii) Seeks to own or operate a qualified entity; or (iii) Seeks to have or may have unsupervised access to a person to whom the qualified entity provides care.
(8) 'Qualified entity' means a business or organization, whether public, private, for profit, not for profit, or voluntary, that provides care or care placement services,

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including a business or organization that licenses or certifies others to provide care or care placement services. (9) 'VCA' means the 'Volunteers for Children Act,' 42 U.S.C. Sections 5101 note, 5119(a) and 5119(b). (c) An authorized agency is responsible for the designation of qualified entities within its local jurisdiction and for the submission of national criminal history background checks as authorized under the NCPA and the VCA. (d) An authorized agency, other than a criminal justice agency as defined in Code Section 35-3-30, must request an ORI from the FBI for the express purpose of submitting national criminal history background checks under this Code section. Requests shall be made in writing to the FBI through the center. (e) National criminal history background checks shall be submitted directly to the center for a state records check; fingerprint cards shall then be forwarded to the FBI for a national check. The responses from both the state and national criminal history background checks shall be returned to the authorized agency. (f) The authorized agency may provide directly to the qualified entity the state criminal history record provided as part of the national criminal history background check. (g) An authorized agency shall be responsible for review of the national criminal history record provided as part of the national criminal history background check to determine whether the provider has been convicted of or is under indictment for a crime that bears upon the providers fitness to have responsibility for the safety and wellbeing of children, the elderly, or individuals with disabilities and to convey that determination to the qualified entity. (h) The qualified entity must obtain the fingerprints of the provider, communicate the fitness determination of the authorized agency to the provider, and notify the provider of his or her right to challenge the accuracy and completeness of any information contained in the national criminal history background check. (i) Fees charged for a national criminal history background check shall be determined based on reasonable costs as allowed under federal law. (j) The provisions of this Code section shall be supplementary to and not in place of any other law of this state which authorizes or requires background checks."
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:
Representative Day of the 163rd moves to amend SB 6 striking the quotation mark at the end line 10 of page 3 and by inserting between lines 10 and 11 of page 3 the following:

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3231

"(k) Any person, authorized agency, or qualified entity, or any person who is an employee of an authorized agency or qualified entity, shall not disseminate any criminal history or any information concerning any criminal history which such person obtains pursuant to this Code section.'".

The following amendment was read and adopted:

Representative Fleming of the 117th moves to amend the Day amendment to SB 6 as follows:

Amend the amendment to SB 6 by inserting after "history" on line 6 "except the determination of fitness".

The Day amendment, as amended, was adopted.

The Floor substitute, as amended, was adopted.

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

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

Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague
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 Y Butler Y Byrd Y Carter

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson
Dodson 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 E Greene

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
Jones, J Y Jones, S Y Jordan
Keen Y Keown
Kidd Y Knight
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 Y Morgan
Morris Y Mosby 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 Sailor E Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C E 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

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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 E Heard, K
Heckstall E Hembree Y Henson Y Hill, C Y Hill, C.A

Y Lindsey Lord
Y Loudermilk Y Lucas
Lunsford Y Maddox E Mangham Y 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 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 0.

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

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.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference 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 following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 282

The Committee of Conference on HB 282 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 282 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

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3233

/s/ Casey Cagle Senator, 49th District

/s/ Jay Roberts Representative, 154th District

/s/ Seth Harp Senator, 29th District

/s/ Rich Golick Representative, 34th District

/s/ John J. Wiles Senator, 37th District

/s/ Larry O'Neal Representative, 146th District

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 282

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 deductions in determining individual and corporate taxable net income for certain purchases which may be treated as expenses under federal law; to amend Article 3 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax returns and information, so as to authorize taxpayers to make certain contributions through the income tax payment and refund process; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 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 by adding a new paragraph (14) in subsection (b) of Code Section 48-7-21, relating to taxation of corporations, to read as follows:
"(14) There shall be subtracted from taxable income the deduction provided and allowed by Section 179 of the Internal Revenue Code of 1986 as enacted on or before January 1, 2005, to the extent the deduction has not been included in the corporations taxable income, as defined under the Internal Revenue Code of 1986."

SECTION 2. Said article is further amended in Code Section 48-7-27, relating to computation of taxable net income, by adding a new paragraph at the end of subsection (a), to be designated paragraph (14), to read as follows:
"(14) The deduction provided and allowed by Section 179 of the Internal Revenue Code of 1986 as enacted on or before January 1, 2005, to the extent the deduction has not been included in federal adjusted gross income, as defined under the Internal Revenue Code of 1986, and the expenses have not been included in itemized nonbusiness deductions."

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JOURNAL OF THE HOUSE

SECTION 3. Article 3 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax returns and information, is amended by adding at its end a new Code Section 48-7-62 to read as follows:
"48-7-62. (a) Each Georgia income tax return form for taxable years beginning on or after January 1, 2005, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to the Georgia National Guard Foundation by either donating all or any part of any tax refund due, by authorizing a reduction in the refund check otherwise payable, or by contributing any amount over and above any amount of tax owed by adding that amount to the taxpayers payment. The instructions accompanying the income tax return form shall contain a description of the purposes for which this fund was established and the intended use of moneys received from the contributions. Each taxpayer required to file a state income tax return who desires to contribute to the foundation may designate such contribution as provided in this Code section on the appropriate income tax return form. (b) The Department of Revenue shall determine annually the total amount so contributed and shall transmit such amount to the Georgia National Guard Foundation. The Georgia National Guard Foundation is the nonprofit 501(c)(3) corporation whose purpose is to provide support to members of the Georgia Department of Defense."

SECTION 4. 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 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Roberts of the 154th moved that the House adopt the report of the Committee of Conference on HB 282.

On the motion, 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 Y Beasley-Teague
Benfield Y Benton

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

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

Y Maxwell Y May Y McCall E McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell
Morgan

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Sheldon Y Sims, C E Sims, F Y Sinkfield

THURSDAY, MARCH 24, 2005

3235

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 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

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

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
Lord Y Loudermilk Y Lucas
Lunsford Y Maddox E Mangham Y Manning Y Marin Y Martin

On the motion, the ayes were 153, nays 0.

Y Morris Y Mosby 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, 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 Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker

The motion prevailed.

Representative Sheldon of the 105th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

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 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;

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JOURNAL OF THE HOUSE

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.
Representative Rogers of the 26th moved that the House insist on its position in disagreeing to the Senate amendments to HB 291 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 Rogers of the 26th, Knox of the 24th and Meadows of the 5th.
The following Bill of the House, having been previously considered, was again taken up for the purpose of considering the Senate amendment thereto:
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 Senate amendment was read:
The Senate moves to amend HB 366 by deleting lines 13-16 of page 3.

THURSDAY, MARCH 24, 2005

3237

The following amendment was read and adopted:

Representative Murphy of the 23rd moves to amend the Senate amendment to HB 366 by striking line 1 of page 1 and inserting in lieu thereof the following:

"by striking all matter following the semicolon on line 5 of page 1 and all matter on line 6 of page 1 and by striking lines 13 through 17 of page 3 and inserting in lieu thereof the following:
'(2) Subject to funds being appropriated by the General Assembly or otherwise available,'".

Representative Meadows of the 5th moved that the House agree to the Senate amendment, as amended by the House, to HB 366.

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

N Abdul-Salaam Y Amerson E Anderson N Ashe Y Barnard
Barnes Y Bearden N Beasley-Teague N Benfield Y Benton Y Black N Bordeaux
Borders Y Bridges N Brooks Y Brown
Bruce N Bryant N Buckner, D
Buckner, G Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell 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
Dodson Y Dollar N Drenner N Dukes
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 E Greene Y Hanner Y Harbin Y Hatfield Y Heard, J E Heard, K
Heckstall E Hembree
Henson Y Hill, C Y Hill, C.A

Holmes Y Holt Y Horne Y Houston
Howard Y Hudson N Hugley N Jackson N Jacobs N James N 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 N Lucas Y Lunsford Y Maddox E Mangham
Manning N Marin Y Martin

Y Maxwell Y May Y McCall E McClinton Y Meadows
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
Parham Y Parrish Y Parsons Y Porter
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 Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C E Sims, F N Sinkfield Y Smith, B Y Smith, L E 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
Warren N Watson Y Wilkinson Y Willard
Williams, A N Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

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JOURNAL OF THE HOUSE

On the motion, the ayes were 107, nays 41.
The motion prevailed.
Representatives Floyd of the 99th and Stanley-Turner of the 53rd stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.
The following Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:
SB 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.
The following substitute, offered by Representative Scott of the 153rd, was read and adopted:
A BILL
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 require nondiscriminatory school membership policies; to provide for other related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 20-2-316, relating to required criteria for athletic associations organizing interscholastic sports events for state funded high schools, is amended by striking the word "and" at the end of paragraph (2) of subsection (b), replacing the period at the end of paragraph (3) of subsection (b) with a semicolon, and adding at the end of subsection (b) new paragraphs (4) and (5) to read as follows:
"(4) The athletic association shall comply with the following requirements relating to the classification of schools:

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(A) The association shall establish classes or divisions or other similar organizational units within which high school sports programs and athletes shall compete; (B) Such classes or divisions or other similar organizational units shall be based on school size according to student enrollment, such that schools shall compete against schools of similar size; and (C) In determining student enrollment, each student shall be counted equally and student enrollments shall not in any manner be weighted or adjusted; and (5) The athletic association shall be equally open without discrimination for membership by all public and private schools in the state, and there shall be no separate classification for public or private or parochial schools."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

N Abdul-Salaam N Amerson E Anderson N Ashe N Barnard Y Barnes N 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 Y Buckner, G Y Burkhalter Y Burmeister Y Burns N Butler Y Byrd Y Carter N Casas Y Chambers N Channell

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

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

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

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

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JOURNAL OF THE HOUSE

Cheokas Y Coan N Cole N Coleman, B N Coleman, T Y Cooper Y Cox

Heard, J E Heard, K
Heckstall E Hembree N Henson Y Hill, C Y Hill, C.A

N Lucas Y Lunsford Y Maddox E Mangham
Manning N Marin Y Martin

Y Reece, S Y Reese Y Rice N Roberts Y Rogers Y Royal N Rynders

N Willard 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 65, nays 88.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Burkhalter of the 50th 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 SB 103.

Representative Ralston of the 7th moved that the following Bill of the Senate be withdrawn from the Rules Calendar and recommitted to the Committee on Judiciary NonCivil:

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.

The motion prevailed.

By unanimous consent, all remaining Bills on the Rules Calendar were postponed until the next legislative day.

The following Resolutions of the House were read and adopted:

HR 776. By Representatives England of the 108th and Benton of the 31st:

A RESOLUTION commending Coach Rick Weeks; and for other purposes.

HR 777. By Representatives Day of the 163rd, Stephens of the 164th, Carter of the 159th, Jackson of the 161st, Bordeaux of the 162nd and others:

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A RESOLUTION congratulating Foot Efx; and for other purposes.
HR 778. By Representatives Johnson of the 37th, Manning of the 32nd, Teilhet of the 40th, Wix of the 33rd and Tumlin of the 38th:
A RESOLUTION commending Cobb County Master Gardeners; and for other purposes.
HR 779. By Representatives Johnson of the 37th, Manning of the 32nd, Teilhet of the 40th, Wix of the 33rd and Tumlin of the 38th:
A RESOLUTION commending Dr. Harlon Crimm; and for other purposes.
HR 780. By Representatives Johnson of the 37th, Manning of the 32nd, Teilhet of the 40th, Wix of the 33rd and Tumlin of the 38th:
A RESOLUTION commending Bethany United Methodist Church; and for other purposes.
HR 781. By Representatives Johnson of the 37th, Manning of the 32nd, Teilhet of the 40th, Wix of the 33rd and Tumlin of the 38th:
A RESOLUTION commending Scott Lehmann; and for other purposes.
HR 782. By Representatives Johnson of the 37th, Manning of the 32nd, Teilhet of the 40th, Wix of the 33rd and Tumlin of the 38th:
A RESOLUTION commending Terry S. Watson; and for other purposes.
HR 783. By Representative Fludd of the 66th:
A RESOLUTION expressing regret at the passing of Aril Allison Gates; and for other purposes.
HR 784. By Representative Tumlin of the 38th:
A RESOLUTION celebrating the 50th wedding anniversary of Mr. Donald D. Smith and Mrs. Carol McNair Smith; and for other purposes.
HR 785. By Representatives Day of the 163rd, Stephens of the 164th, Carter of the 159th, Jackson of the 161st and Bryant of the 160th:
A RESOLUTION congratulating David Simons; and for other purposes.

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HR 786. By Representatives England of the 108th and Benton of the 31st:
A RESOLUTION commending Jon Rittelmeyer; and for other purposes.
HR 787. By Representatives Day of the 163rd, Stephens of the 164th, Carter of the 159th, Jackson of the 161st, Bordeaux of the 162nd and others:
A RESOLUTION congratulating Arizona Chemical; and for other purposes.
HR 788. By Representatives Day of the 163rd, Stephens of the 164th, Carter of the 159th, Jackson of the 161st, Bordeaux of the 162nd and others:
A RESOLUTION celebrating the marriage of Erin Heidel and Dave Kartunen; and for other purposes.
HR 789. By Representatives Hill of the 180th, Houston of the 170th, Smith of the 168th, Mosley of the 178th, Stephens of the 164th and others:
A RESOLUTION commending former Senator Peg Blitch; and for other purposes.
HR 790. By Representatives Day of the 163rd, Stephens of the 164th, Carter of the 159th, Jackson of the 161st, Bordeaux of the 162nd and others:
A RESOLUTION congratulating The Gallery Expresso; and for other purposes.
HR 791. By Representative Lakly of the 72nd:
A RESOLUTION recognizing Dorothy Christine Kelly Collier on her 90th birthday; and for other purposes.
HR 792. By Representative Mumford of the 95th:
A RESOLUTION honoring the Heritage High School Varsity Academic Team; and for other purposes.
HR 793. By Representatives Bryant of the 160th, Jackson of the 161st, Carter of the 159th and Bordeaux of the 162nd:
A RESOLUTION commending Reverend LeRoy Pollen III for his distinguished community service; and for other purposes.

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HR 794. By Representatives Cheokas of the 134th, Hanner of the 148th, Floyd of the 147th and Royal of the 171st:
A RESOLUTION expressing regret at the passing of Ruth Joan Miller; and for other purposes.
HR 795. By Representatives Day of the 163rd, Stephens of the 164th, Carter of the 159th, Jackson of the 161st, Bordeaux of the 162nd and others:
A RESOLUTION congratulating Weyerhaeuser; and for other purposes.
HR 796. By Representatives Day of the 163rd, Stephens of the 164th, Carter of the 159th, Jackson of the 161st, Bordeaux of the 162nd and others:
A RESOLUTION congratulating The Marketing Department; and for other purposes.
HR 797. By Representatives England of the 108th and Benton of the 31st:
A RESOLUTION commending Matt Perry; and for other purposes.
HR 798. By Representatives England of the 108th and Benton of the 31st:
A RESOLUTION commending Stephen Foster, Jr., Barrow County's STAR Student; and for other purposes.
HR 799. By Representative Mosley of the 178th:
A RESOLUTION commending the principal, teachers, and staff of Brantley County Middle School; and for other purposes.
HR 800. By Representatives Day of the 163rd, Stephens of the 164th, Carter of the 159th, Jackson of the 161st, Bordeaux of the 162nd and others:
A RESOLUTION congratulating Brad Durham, D.M.D.; and for other purposes.
HR 801. By Representatives Porter of the 143rd, Jamieson of the 28th, Ashe of the 56th and Hugley of the 133rd:
A RESOLUTION commending Maggie Capes Mitchell Taylor; and for other purposes.

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HR 802. By Representatives Day of the 163rd, Stephens of the 164th, Carter of the 159th, Jackson of the 161st, Bordeaux of the 162nd and others:
A RESOLUTION congratulating Doug Marchand; and for other purposes.
HR 803. By Representatives Day of the 163rd, Stephens of the 164th, Carter of the 159th, Jackson of the 161st, Bordeaux of the 162nd and others:
A RESOLUTION congratulating Greytdocs Business Systems, Inc.; and for other purposes.
HR 804. By Representatives Day of the 163rd, Stephens of the 164th, Carter of the 159th, Jackson of the 161st, Bordeaux of the 162nd and others:
A RESOLUTION congratulating Michael Plummer; and for other purposes.
HR 805. By Representatives Day of the 163rd, Stephens of the 164th, Carter of the 159th, Jackson of the 161st, Bordeaux of the 162nd and others:
A RESOLUTION congratulating Loco's Deli and Pub; and for other purposes.
HR 806. By Representatives Burns of the 157th, Harbin of the 118th, Rogers of the 26th and Johnson of the 37th:
A RESOLUTION commending the Rotary Club of Effingham Sunrise; and for other purposes.
HR 807. By Representatives Day of the 163rd, Stephens of the 164th, Carter of the 159th, Jackson of the 161st, Bordeaux of the 162nd and others:
A RESOLUTION congratulating Derst Baking Company; and for other purposes.
HR 808. By Representatives Hill of the 180th, Smith of the 168th, Mosley of the 178th, Stephens of the 164th, Lane of the 167th and others:
A RESOLUTION celebrating the 95th year of the Boy Scouts of America; and for other purposes.
HR 809. By Representatives Stephens of the 164th, Carter of the 159th, Ashe of the 56th, Jackson of the 161st, Bordeaux of the 162nd and others:

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3245

A RESOLUTION commending the Savannah College of Art and Design for providing 25 years of excellence in higher education and opening their new Atlanta Campus and recognizing Friday, April 22, 2005, as Savannah College of Art and Design Day at the state capitol; and for other purposes.
HR 810. By Representatives Day of the 163rd, Stephens of the 164th, Carter of the 159th, Jackson of the 161st, Bordeaux of the 162nd and others:
A RESOLUTION congratulating Monroe Marketing; and for other purposes.
HR 811. By Representative Brooks of the 63rd:
A RESOLUTION remembering and honoring the life of Mrs. Julia Ann Howard; and for other purposes.
HR 812. By Representative Ralston of the 7th:
A RESOLUTION recognizing Miss Erin Grizzle, Miss Heart of Georgia 2005; and for other purposes.
HR 813. By Representatives Day of the 163rd, Stephens of the 164th, Carter of the 159th, Jackson of the 161st and Bryant of the 160th:
A RESOLUTION congratulating Myrick Marine; and for other purposes.
HR 814. By Representatives Day of the 163rd, Stephens of the 164th, Carter of the 159th, Jackson of the 161st, Bordeaux of the 162nd and others:
A RESOLUTION congratulating Golfstream Aerospace; and for other purposes.
HR 815. By Representative Mosley of the 178th:
A RESOLUTION commending the principal, teachers, and staff of Waynesville Elementary School; and for other purposes.
HR 816. By Representative Mosley of the 178th: A RESOLUTION commending the principal, teachers, and staff of Nahunta Primary School; and for other purposes.
HR 817. By Representative Mosley of the 178th:

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A RESOLUTION commending the principal, teachers, and staff of Nahunta Elementary School; and for other purposes.
HR 818. By Representative Mosley of the 178th:
A RESOLUTION commending the principal, teachers, and staff of Brantley County High School; and for other purposes.
HR 819. By Representative Mosley of the 178th:
A RESOLUTION commending the principal, teachers, and staff of Hoboken Elementary School; and for other purposes.
Representative Keen of the 179th moved that the House do now adjourn until 9:00 A.M., Tuesday, March 29, 2005, and the motion prevailed.
Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 9:00 A.M., Tuesday, March 29, 2005.

TUESDAY, MARCH 29, 2005

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Representative Hall, Atlanta, Georgia

Tuesday, March 29, 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:

Amerson E Anderson
Barnard Bearden Benton Black Bridges Brooks Brown Buckner, D Byrd Carter Chambers Cheokas Cole Coleman, B Cooper Cummings Dickson E Dukes

Ehrhart England Forster Franklin Freeman Gardner Geisinger Graves, D Greene Heard, K Hembree E Henson Hill, C Hill, C.A Holt Horne Houston Howard Hugley James

Jenkins E Jennings
Johnson Jones, J Jones, S Keown Kidd Knight Lakly Lane, B Lewis Lord Lunsford Maddox Mangham E Marin Martin Maxwell E McClinton Meadows

Mills Mitchell Morris Mosby Mumford Murphy, J Murphy, Q Neal Orrock Parham Parrish Parsons Porter Randall Ray Reece, B Reece, S Reese Rice Royal

Scheid Scott, A Scott, M Setzler Shaw Sheldon E Sims, F E Smith, B Smith, L E Smith, P Smith, R Stephens Talton Teilhet Thomas, B Walker Warren Williams, E Williams, R Richardson, Speaker

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

Representatives Abdul-Salaam of the 74th, Ashe of the 56th, Barnes of the 78th, Beasley-Teague of the 65th, Benfield of the 85th, Bordeaux of the 162nd, Borders of the 175th, Bruce of the 64th, Bryant of the 160th, Burkhalter of the 50th, Burns of the 157th, Butler of the 18th, Casas of the 103rd, Channell of the 116th, Coleman of the 144th, Cox of the 102nd, Crawford of the 127th, Davis of the 109th, Day of the 163rd, Dean of the 59th, Dodson of the 75th, Dollar of the 45th, Drenner of the 86th, Epps of the 128th, Floyd of the 99th, Floyd of the 147th, Fludd of the 66th, Golick of the 34th, Graves of the 12th, Hanner of the 148th, Harbin of the 118th, Hatfield of the 177th, Heard of the 104th, Heckstall of the 62nd, Hudson of the 124th, Jackson of the 161st, Jacobs of the 80th, Jamieson of the 28th, Jordan of the 77th, Knox of the 24th, Lane of the 167th, Lindsey of the 54th, Loudermilk of the 14th, Lucas of the 139th, Manning of the 32nd, May of the 111th, McCall of the 30th, Millar of the 79th, Miller of the 106th, Morgan of the 39th, Mosley of the 178th, O`Neal of the 146th, Oliver of the 83rd, Powell of the 29th, Ralston of the 7th, Roberts of the 154th, Rogers of the 26th, Rynders of the 152nd, Sailor of the 93rd, Sims of the 169th, Sinkfield of the 60th, Smith of the 129th, Smith of the 168th,

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Smyre of the 132nd, Stanley-Turner of the 53rd, Thomas of the 55th, Tumlin of the 38th, Watson of the 91st, 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 Art Graves, Pastor, Trion United Methodist Church, Trion, Georgia.
The members pledged allegiance to the flag.
Representative Cheokas of the 134th, member 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 887. By Representatives Ehrhart of the 36th, Fleming of the 117th, Burmeister of the 119th and Burkhalter of the 50th:
A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, so as to provide for limited liability for physicians and pharmaceutical companies

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from claims for damages incurred pursuant to prescriptions filled outside of the United States; 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 888. By Representatives Mills of the 25th, Burmeister of the 119th, Walker of the 107th, Brown of the 69th, Lunsford of the 110th and others:
A BILL to be entitled an Act to provide a short title; to amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to require facilities where abortions are performed and facilities of physicians who refer for abortions to have or have access to certain medical equipment; to require such facilities to perform certain procedures prior to performing an abortion; to provide for certain forms; to provide a penalty for violations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 889. By Representatives McCall of the 30th and Hanner of the 148th:
A BILL to be entitled an Act to amend Code Section 12-5-179 of the Official Code of Georgia Annotated, relating to permits for operation of public water systems and performance bonds, so as to require certain public water systems to install individual water meters, to read such meters on a monthly basis, and charge for water based upon per gallon consumption; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Utilities & Telecommunications.
HB 890. By Representatives Drenner of the 86th, Brooks of the 63rd, Orrock of the 58th, Ashe of the 56th, Gardner of the 57th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to provide for enhanced sentences in any case in which the trier of fact determines beyond a reasonable doubt that the defendant intentionally selected any victim or any property as the object of the offense because of the victims race, religion, gender, national origin, or sexual orientation; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Judiciary Non-Civil.
HB 891. By Representatives Smith of the 13th, Benton of the 31st, Burns of the 157th, Cummings of the 16th, Barnes of the 78th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the State Transportation Board, so as to provide a procedure for removing a member from 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 Transportation.
HB 892. By Representatives Smith of the 168th and Mosley of the 178th:
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 893. By Representatives Jones of the 46th, Ehrhart of the 36th, Coleman of the 97th and Maxwell of the 17th:
A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales taxes for educational purposes, so as to change certain provisions relating to the manner of imposition of such taxes; to provide an effective date; to provide for contingent automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 894. By Representatives Reese of the 98th, Cox of the 102nd, Coan of the 101st, Maddox of the 172nd, Hatfield of the 177th and others:
A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 11 of Title 15 of the O.C.G.A., relating to juvenile court administration, and Part 1 of Article 4 of Chapter 2 of Title 21 of the O.C.G.A., relating to general

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provisions relative to selection and qualification of candidates and presidential electors, so as to provide for the election of judges of juvenile courts in nonpartisan elections; to provide for filing notices of candidacy, designation of the specific office sought, and the placing of names of candidates who have qualified for the office of judge of the juvenile court on the ballot in the nonpartisan election held jointly with the general primary; to provide for conformance of procedures for such elections with procedures governing general primaries and general elections; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 895. By Representatives Yates of the 73rd, Lunsford of the 110th and Knight of the 126th:
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 superior court judge or district attorney who is an active member of the Georgia Judicial Retirement System may obtain creditable service for certain prior service as a circuit-paid assistant district attorney; 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.
Referred to the Committee on Retirement.
HB 896. By Representatives Day of the 163rd, Stephens of the 164th and Scott of the 2nd:
A BILL to be entitled an Act to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to creation of county boards of equalization, duties, review of assessments, and appeals, so as to change the provisions relating to appeals to the superior courts; to repeal the right of appeal of the county board of tax assessors; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 897. By Representatives Freeman of the 140th, Keown of the 173rd, Tumlin of the 38th, Jamieson of the 28th, Benton of the 31st and others:
A BILL to be entitled an Act to amend Part 3 of Article 6 of Chapter 2 of

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Title 20 of the Official Code of Georgia Annotated, relating to educational programs under the "Quality Basic Education Act," so as to change the provisions relating to the dates by which a child must reach a certain age in order to be eligible for enrollment in certain educational programs; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HR 723. 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 724. By Representatives Coleman of the 144th, Stephens of the 164th, Parrish of the 156th and Casas of the 103rd:
A RESOLUTION urging the United States Congress to pass the U.S.Dominican Republic-Central America Free Trade Agreement; and for other purposes.
Referred to the Committee on Special Rules.
HR 730. By Representatives Franklin of the 43rd, Williams of the 4th, Hill of the 21st, Coan of the 101st, Lunsford of the 110th and others:
A RESOLUTION urging all members of the United States Congress to vote against any agreement for the United States to enter into a Free Trade Area of the Americas; and for other purposes.
Referred to the Committee on Special Rules.
HR 765. By Representatives Lunsford of the 110th, Davis of the 109th, Watson of the 91st, Mosby of the 90th and Yates of the 73rd:
A RESOLUTION creating the House City of Fairview Incorporation Study Committee; and for other purposes.
Referred to the Committee on Rules.

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HR 772. By Representatives Buckner of the 76th, Reece of the 11th, Johnson of the 37th and Ashe of the 56th:
A RESOLUTION urging the University System of Georgia not to hold classes on election day and urging the University System, the Georgia Election Officials Association, and the Secretary of State's Office, Election Division to form a partnership to encourage students in the university system to work at the polls on election day; and for other purposes.
Referred to the Committee on Higher Education.
HR 773. By Representatives Jones of the 46th, Ehrhart of the 36th, Coleman of the 97th and Maxwell of the 17th:
A RESOLUTION proposing an amendment to the Constitution so as to provide for authorization, imposition, levy, collection, and distribution of a sales and use tax for educational purposes by resolution of any county school district or independent school district, conditioned upon approval by a majority of the qualified voters residing within the limits of the local taxing jurisdiction voting in a referendum thereon; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Ways & Means.
HR 774. By Representative Benfield of the 85th:
A RESOLUTION creating the House Study Committee on Health Care Bonds; and for other purposes.
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 820. By Representatives Buckner of the 76th, Sims of the 151st, Bryant of the 160th, Lakly of the 72nd, Yates of the 73rd and others:
A RESOLUTION urging the Georgia Department of Transportation, the City of Atlanta, and the Capitol Police Services Unit to conduct a study with respect to lane usage on Capitol Avenue; and for other purposes.
Referred to the Committee on Rules.

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

HB 877 HB 878 HB 879 HB 880 HB 881 HB 883 HB 884

HB 886 HR 676 HR 677 HR 722 HR 775 SB 295

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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:

HR 512 Do Pass, as Amended

Respectfully submitted, /s/ Walker of the 107th
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 Senate and has instructed me to report the same back to the House with the following recommendations:

SB 130 Do Pass, by Substitute SB 195 Do Pass, by Substitute

Respectfully submitted, /s/ Willard of the 49th
Chairman

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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 Senate and has instructed me to report the same back to the House with the following recommendations:

HB 885 SB 323 SB 328 SB 340 SB 341 SB 342

Do Pass Do Pass, by Substitute Do Pass Do Pass Do Pass Do Pass

SB 343 SB 351 SB 354 SB 357 SB 358 SB 359

Do Pass, by Substitute Do Pass, by Substitute 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 TUESDAY, MARCH 29, 2005

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 38th Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

Structured Rule

HR 214

Joint House and Senate All-terrain Vehicle (ATV) Safety Study

Committee; create

HR 230

House Local School District Development Impact Fees Study Committee;

create

HR 296

State Registry Study Commission; create

HR 340

House Taxpayer Bill of Rights Study Committee; create

HR 428

House Study Committee on Tobacco Tax Evasion; create

HR 442

House HOPE Scholarship Program Study Committee; create

HR 486

House Ad Valorem Inventory Tax Study Committee; create

HR 488

House Education Funding Study Committee; create

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HR 494 HR 515
HR 518 HR 641
HR 642 HR 679
SR 21 SR 23 SR 81 SR 88 SR 161 SR 280 SR 298 SR 304
SR 305

House Coastal Georgia Sound Science Initiative Study Committee; create House Study Committee on Restructuring Georgia's Criminal Penalties; create House Study Committee on Children: Newborns to Age Five; create House Study Committee on Causes and Treatment of Lymphedema; create House Film and Video Game Technology Study Committee; create House Study Committee on University System Institution Foundations; create Joint Early Learning Initiative Commission; create Joint Port Authority; creating Designate; J.G. McCalmon Highway; Carroll/Haralson counties Henry McNeal Turner Tribute Commission; creating Juvenile Code Rewrite; create Joint Study Committee Designate; Thomas B. Darieng Sr.; Highway; Bryan County Emerging Communication Technologies Study Committee; create O'Neal, Ronnie; Georgia's troopers who have died in the line of duty; honoring Designate; Mack Mattingly Highway; Glynn County

DEBATE CALENDAR

Open Rule SB 51 SB 98
SB 106 SB 122 SB 145
SB 158 SB 161
SB 204 SB 224
SB 230 SB 267 SB 269 SB 273 SB 287
SR 80

Clinical Laboratories; technicians; provide degree of supervision Education; local boards; insurance/benefits; authorize expenditure of funds Violent Video Game; display explanation of rating system; penalty Tire Disposal; extend collection of fees Cosmetologists; define terms; qualifications; certificate for registration for hair braiders/designers State Space Management Act; repeal; transfer duties, powers Employees' Retirement; Housing/Finance Authority officer; payment to trustees Health Records; provide electronic format; conditions; legal rights; copies Ga. Athletic/Entertainment Commission; revise/clarify definitions; provision Consumer Reporting Agencies; notices of security breaches; definitions Disabled Persons; parking permits; provide annual renewal Pen Register; district attorney having jurisdiction; apply for/extend order Driver's Licenses; Class C; change definition Permits; operation of movie theaters/athletic events on Sundays; repeal provisions Public Property; conveyance; grant utility easements; 7 counties

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Modified Open Rule

SB 127

Georgia Computer Security Act; definitions; deceptive acts; penalties

Modified Structured Rule

SB 206

Hunting Wildlife; season/bag limits; weapons; change provisions

Structured Rule

SB 57

Repeat Offenders; convicted of murder; punishment

SB 117

License Plates; issued in or before 1970; authentic; authorize display

SB 160

Highways; dimensions/weight of vehicles/loads; signs; primary system;

prov.

SB 255

License Plates, Special; family member serving in military

SB 257

License Plates, Special; supporting Georgia troops

SB 259

Firearms; discharging on Sunday; repeal provision

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 885. By Representative Sims of the 169th:

A BILL to be entitled an Act to amend an Act establishing a board of education of Coffee County, approved March 10, 1970 (Ga. L. 1970, p. 2441), as amended, particularly by an Act approved October 25, 2001 (Ga. L. 2001, Ex. Sess., p. 755), so as to provide that the members of the board of education shall be elected in nonpartisan elections; to provide for related matters; to provide for preclearance of this Act pursuant to 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.

SB 323. By Senator Williams of the 19th:

A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Jeff Davis County, approved March

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27, 1972 (Ga. L. 1972, p. 2760), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend an Act providing for the election of members of the Board of Education of Jeff Davis County, approved March 27, 1972 (Ga. L. 1972, p. 2760), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for the election of members of the Board of Education of Jeff Davis County, approved March 27, 1972 (Ga. L. 1972, p. 2760), as amended, is amended by striking subsections (a) and (b) of Section 1 of said Act and inserting in lieu thereof the following:
"(a) Those members of the Board of Education of Jeff Davis County who are serving as such immediately prior to January 1, 2006, 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 January 1, 2006, the Board of Education of Jeff Davis County shall consist of seven members, five of whom shall be elected from education districts described in subsection (b) of this section and two of whom shall be elected at large as provided in subsection (c) of this section. Education Districts 1, 2, 3, 4, and 5, as they exist immediately prior to January 1, 2006, shall continue to be designated as Education Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this Act, and on and after January 1, 2006, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this Act.
(b)(1) For purposes of electing members of the board of education, other than the two members who are elected at large, the Jeff Davis County School District is divided into five education districts. One member of the board shall be elected from each such district. The five education districts shall be and correspond to those five

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numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: jeffdccsbw3 Plan Type: Local User: staff Administrator: Jeff Davis. (2) 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 Jeff Davis County School District 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 Jeff Davis County School District which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any education district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia."
SECTION 2. The Board of Education of Jeff Davis County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 60 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 3. This section and Section 2 of this Act and those provisions of this Act necessary for the election of members of the Board of Education of Jeff Davis County in 2006 shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective January 1, 2006.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
District 001 Jeff Davis County
Tract: 9601

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BG: 3 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3042 3043 3044 3045 3047 3048 3049 3050 3051 3052 3053 BG: 4 4003 4004 4005 4006 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 BG: 5 5003 Tract: 9602 BG: 1 1000 1001 1002 1003 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 1999 BG: 2 BG: 3 3016 3017 3018 3019 3020 3021 3022 3023 3024 BG: 4 4000 4001 4002 4018 4019 4020 4021 4022
District 002 Jeff Davis County
Tract: 9601 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3035 3036 3037 3038 3039 3040 3041 3046 3054 3055
District 003 Jeff Davis County
Tract: 9601 BG: 4 4000 4001 4002 4007 4008 4009 4010 4011 4012 4013 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 BG: 5 5000 5001 5002 5010 5011 5012 5019 5020 5044 5045 5046 5047 5048 5049 5050 5051 5052 5999 BG: 6 Tract: 9603

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BG: 2 2000 2028 2029 2030 2031 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2104 2105 2999
District 004 Jeff Davis County
Tract: 9601 BG: 5 5004 5005 5006 5007 5008 5009 5013 5014 5015 5016 5017 5018 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5053 Tract: 9602 BG: 4 4030 4031 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 BG: 5 5023 5026 5027 5028 5029 5044 5045 5046 5047 5048 5049 5050 5051 5052 5057 5058 Tract: 9603 BG: 1 1000 1001 1022 1023 1024 1025 1026 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1055 1056 1057 1058 1059 1060 1061 1062 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 2032 2033 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103
District 005 Jeff Davis County
Tract: 9602 BG: 1 1004 1046 1047 1048 1049 1050 1998 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 BG: 4 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014

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4015 4016 4017 4023 4024 4025 4026 4027 4028 4029 4032 4033 4034 4035 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 5024 5025 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5053 5054 5055 5056 5998 5999 Tract: 9603 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1027 1028 1050 1051 1052 1053 1054 1998 1999
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
SB 328. By Senators Adelman of the 42nd, Butler of the 55th, Jones of the 10th, Thompson of the 5th, Miles of the 43rd and others:
A BILL to be entitled an Act to create the DeKalb County Court Technology Fund; to authorize the imposition and collection of a technology fee for the filing of certain cases and the imposition of surcharges to certain fines; to specify the uses to which such fees and surcharges may be put; to provide for the auditing and accounting for such fund; to provide for a supervising board for such fund and the membership, composition, authority, powers, and duties thereof; to provide for related matters; to provide an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 340. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4335), so as to increase the salary of the clerk of the Superior Court of Clayton County; 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.

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SB 341. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act providing for a supplement to the salaries of the judges of the superior court of the Clayton Judicial Circuit, approved April 10, 1969 (Ga. L. 1969, p. 353), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4670), so as to increase the county supplement to the state salary of said judges; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 342. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4342), so as to change the provisions relating to the compensation of the sheriff; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 343. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4331), so as to change the compensation of the judge of the probate court; to provide for 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 placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4331), so as to change the compensation of the judge of the probate court; to provide for 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. An Act placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4331), is amended by striking Section 1 thereof and inserting in its place a new section to read as follows:
"SECTION 1. The salary provided in this section for the judge of the probate court shall be his or her full and complete compensation; and all fees or other emoluments now allowed, or hereafter allowed by any authority of law, for which said judge is entitled heretofore and which he or she earns or receives by reason of being the probate judge whether under color of the office of probate judge or not shall henceforth be county funds and accountable as such in the same manner as other county funds received by said judge of the probate court. The judge of the probate court shall receive an annual salary of $104,120.83 payable in equal monthly installments from county funds. Such amount may be increased by cost-of-living adjustments, to be paid in equal monthly installments from the funds of Clayton County. In addition, said judge shall also receive those fees authorized to be retained under Code Section 15-9-68 of the O.C.G.A., regarding vital records fees, as limited by any resolution of the governing authority of Clayton County pursuant to Code Section 15-9-68 of the O.C.G.A."
SECTION 2. This Act shall become effective on 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.
SB 351. By Senator Kemp of the 46th:
A BILL to be entitled an Act to amend an Act establishing a City Court in the County of Clarke, formerly known as the State Court of Clarke County, Georgia, approved September 9, 1879 (Ga. L. 1878-79, p. 291), as amended, now known as the State Court of Athens-Clarke County, as redesignated by an Act approved March 2, 1990 (Ga. L. 1990, p. 3560), so as to authorize the court to charge a technology fee for each civil case filed and each criminal fine imposed; to specify the uses to which said technology fees may be utilized; 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 an Act establishing a City Court in the County of Clarke, formerly known as the State Court of Clarke County, Georgia, approved September 9, 1879 (Ga. L. 1878-79, p. 291), as amended, now known as the State Court of Athens-Clarke County, as redesignated by an Act approved March 2, 1990 (Ga. L. 1990, p. 3560), so as to authorize the court to charge a technology fee for each civil case filed and each criminal fine imposed; to specify the uses to which said technology fees may be utilized; to provide for the automatic repeal of such fee; 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 establishing a City Court in the County of Clarke, formerly known as the State Court of Clarke County, Georgia, approved September 9, 1879 (Ga. L. 1878-79, p. 291), as amended, now known as the State Court of Athens-Clarke County, as redesignated by an Act approved March 2, 1990 (Ga. L. 1990, p. 3560), is amended by striking Section XLVI and inserting in lieu thereof a new Section XLVI to read as follows:
"SECTION XLVI (a) The clerk of the state court shall be entitled to charge and collect the same fees as the clerk of the superior court is entitled to charge and collect for the same or similar services. All such fees shall be paid into the county treasury, except those sums which are directed by law to be paid otherwise. (b) The clerk of the state court shall be entitled to charge and collect a technology fee to be set by the court in an amount not to exceed $5.00 for the filing of each civil action and not to exceed $5.00 as a surcharge to each fine paid. Technology fees shall be used exclusively to provide for the technological needs of the court. Such uses shall include only the following:
(1) Computer hardware and software purchases; (2) Lease, maintenance, and installation of computer hardware and software; and (3) Purchase, lease, maintenance, and installation of imaging, scanning, facsimile, communications, projection, and printing equipment and software. The funds collected pursuant to this subsection shall be maintained in a segregated fund by the clerk of the court and shall be used only for the purposes authorized in this subsection at the direction of the chief judge of the court. (c) This section shall stand repealed in its entirety on July 1, 2007."
SECTION 2. Said Act is further amended by inserting a new Section XLVII to read as follows:

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"SECTION XLVII All laws and parts of laws in conflict with this Act are repealed."
SECTION 3. This Act shall become effective on July 1, 2005.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
SB 354. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to create a board of elections and registration for Dade 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 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 357. By Senator Powell of the 23rd:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Blythe, approved April 29, 1997 (Ga. L.1997, p. 4491), as amended, so as to change a provision relating to removal or suspension of appointed officers and directors; to 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 358. By Senator Grant of the 25th:
A BILL to be entitled an Act to provide for a homestead exemption from Baldwin County ad valorem taxes for county purposes in an amount equal to

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the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for residents of that county who are 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 359. By Senator Grant of the 25th:
A BILL to be entitled an Act to provide for a homestead exemption from Baldwin County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for residents of that school district who are 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.
By unanimous consent, the following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 788. By Representatives Henson of the 87th, Watson of the 91st, Mangham of the 94th, Benfield of the 85th, Gardner of the 57th 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.
The following Senate amendment was read:
The Senate moves to amend HB 788 by striking line 14 of page 1 and inserting in its place "This Act shall become effective on July 1, 2005, notwithstanding the provisions of Code Section 1-3-4.1.".

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

On the passage of the Bills, and on the agreement to the Senate amendment, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Amerson E Anderson
Ashe Y Barnard
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
Burmeister Y Burns Y Butler Y Byrd Y Carter
Casas Y Chambers
Channell Y Cheokas
Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Crawford Cummings Davis Y Day Dean Y Dickson Dodson Dollar Y Drenner E Dukes Y Ehrhart Y England Epps Fleming Floyd, H Y Floyd, J Fludd Y Forster Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Harbin 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
Howard Hudson Y Hugley Jackson 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 Lane, R Y Lewis Lindsey Lord Loudermilk Lucas Y Lunsford Y Maddox Mangham Manning E 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
Murphy, J Y Murphy, Q Y Neal Y Oliver
O'Neal Y Orrock Y Parham Y Parrish Y Parsons
Porter Y Powell
Ralston Y Randall Y 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 Y Shaw Y Sheldon
Sims, C Y Sims, F
Sinkfield E 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 Tumlin Y Walker Y Warren Y Watson Wilkinson Willard Williams, A Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker

On the passage of the Bills, and on the agreement to the Senate amendment, the ayes were 120, nays 0.

The Bills, having received the requisite constitutional majority, were passed, and the House has agreed to the Senate amendment.

Representatives Mangham of the 94th and Wilkinson of the 52nd 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.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 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.
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.
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.
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:

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A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to repeal Article 14, relating to education grants; to repeal conflicting laws; and for other purposes.
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.
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.
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.

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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.
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.
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.
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.
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:

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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.
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.
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.
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

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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.
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.
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.
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.
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.
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.
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.
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.

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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.
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 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.
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.
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.
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

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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.
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.
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.
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.
HB 811. By Representative Jenkins of the 8th:
A BILL to be entitled an Act to create the Union County Building Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for revenue bonds and their negotiability, sale, and use of proceeds from such

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sales; to provide for supplemental powers; to provide for effect on other governments; to provide for liberal construction; to provide for severability and an effective date; to repeal conflicting laws; and for other purposes.
HB 819. By Representative Ralston of the 7th:
A BILL to be entitled an Act to provide for a homestead exemption from Gilmer County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for certain residents of that school district who are 70 years of age or older; 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 820. By Representative Ralston of the 7th:
A BILL to be entitled an Act to provide for a homestead exemption from certain Gilmer 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 822. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act establishing a board of education of Coffee County, approved March 10, 1970 (Ga. L. 1970, p. 2441), as amended, particularly by an Act approved October 25, 2001 (Ga. L. 2001, Ex. Sess., p. 755), so as to provide that the members of the board of education shall be elected in nonpartisan elections; to provide for related matters; to provide for preclearance of this Act pursuant to the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
HB 823. 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

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of the members of the Treutlen County Board of Education; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolutions of the House:
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.
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.
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.
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.
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.
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.
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:

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A RESOLUTION designating the Wendell W. Thigpen Memorial Bridge; and for other purposes.
HR 231. By Representative Ralston of the 7th:
A RESOLUTION designating the A. L. Stepp Interchange; and for other purposes.
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.
HR 563. By Representatives Amerson of the 9th and Reece of the 27th:
A RESOLUTION establishing Dahlonega/Lumpkin County as Georgia's Premier Sports Cycling Community; and for other purposes.
HR 566. By Representatives Dickson of the 6th, Forster of the 3rd and Williams of the 4th:
A RESOLUTION declaring Praters Mill a Legacy of Georgia Tradition; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
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.
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

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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.
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.
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.
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 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.

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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.
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.
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 design-build contracts entered into by the department; to provide for related matters; to repeal conflicting laws; and for other purposes.
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

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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 Senate has adopted by substitute, by the requisite constitutional majority, the following resolutions of the House:
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.
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.
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.
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 Senate has passed as amended, by the requisite constitutional majority, the following bills of the House:

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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.
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 Senate adheres to its amendments and has appointed a Committee of Conference on the following bill of the House:
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 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

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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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Hudgens of the 47th, Rogers of the 21st, and Balfour of the 9th.

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

Lakly of the 72nd, Mills of the 25th, May of the 111th, Hill of the 21st, Brown of the 69th, Morgan of the 39th, and Martin of the 47th.

Representative Burkhalter of the 50th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the Senate:

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.

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

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

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

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

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

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

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

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

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

On the motion, the ayes were 92, nays 49.

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

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

The motion prevailed.

Representative Fludd of the 66th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 856. By Representatives Fludd of the 66th, Jordan of the 77th and Abdul-Salaam of the 74th:

A BILL to be entitled an Act to amend an Act creating a Board of Commissioners for Fayette County, approved March 9, 1959 (Ga. L. 1959, p. 2431), as amended, particularly by an Act approved March 13, 1978 (Ga. L. 1978, p. 3399), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to change the manner of electing 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.

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

Y Abdul-Salaam N Amerson E Anderson Y Ashe Y Barnard

N Crawford Cummings
N Davis Y Day
Dean

Y Holmes Y Holt N Horne Y Houston Y Howard

N Maxwell N May N McCall Y McClinton N Meadows

Sailor Scheid Y Scott, A Scott, M N Setzler

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

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

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

On the motion, the ayes were 90, nays 53.

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

Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield E Smith, B
Smith, L N Smith, P N 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 N Tumlin N Walker
Warren Y Watson Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, R
Wix N Yates
Richardson, Speaker

The motion prevailed.

By unanimous consent, HB 856 was recommitted to the Committee on State Planning & Community Affairs - Local.

Representative Keen of the 179th moved that debate on all Bills and Resolutions for the remainder of the day be limited to 10 minutes.

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

N Abdul-Salaam Y Amerson E Anderson
Ashe Y Barnard
Barnes Y Bearden

Crawford Y Cummings
Davis Y Day
Dean Y Dickson Y Dodson

N Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley

Y Maxwell Y May
McCall N McClinton Y Meadows Y Millar Y Miller

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon

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3287

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

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

N Jackson Y Jacobs
James Y Jamieson Y Jenkins Y 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 N Lucas
Lunsford Y Maddox N Mangham Y Manning E Marin Y Martin

On the motion, the ayes were 122, nays 24.

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

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

The motion prevailed.

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

HR 214. By Representative Sims of the 169th:

A RESOLUTION creating the Joint House and Senate All-terrain Vehicle (ATV) Safety Study Committee; and for other purposes.

The following substitute, offered by the Committee on Rules, was read and adopted:

A RESOLUTION

Creating the House All-terrain Vehicle (ATV) Safety Study Committee; and for other purposes.

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WHEREAS, all-terrain vehicles have become tremendously popular throughout Georgia; and
WHEREAS, there continue to be an alarming number of injuries and deaths in Georgia related to ATV accidents; and
WHEREAS, many young people in Georgia are particularly vulnerable to ATV accidents; and
WHEREAS, despite repeated calls for more safety features and warnings on ATVs the manufacturers have not responded sufficiently; and
WHEREAS, the unrestricted use of ATVs on public roads and highways has become a threat to all Georgians using the roads or highways; and
WHEREAS, accordingly, education as to the proper and safe use of ATVs is of great importance in order to protect the citizens of this state, particularly the children.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House All-terrain Vehicle (ATV) Safety Study Committee to be composed of three members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Speaker of the House shall designate a member of the committee as chairperson of the committee. The chairperson shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, challenges, and opportunities mentioned above or related thereto and shall develop and recommend legislation which the committee deems necessary or appropriate to address such issues. 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 committee will endeavor to reach all of the citizens of this state by scheduling at least one meeting in south Georgia, at least one meeting in central Georgia, and at least one meeting in north Georgia. 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 three days unless additional days are authorized. Except as otherwise provided in this resolution, the funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives. In the event the committee makes a report of its findings and recommendations, such report shall be made on or before December 31, 2005. The committee shall stand abolished on December 31, 2005.

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The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute.
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.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
HR 296. By Representative Scott of the 153rd:
A RESOLUTION creating the State Registry Study Commission; and for other purposes.
The following substitute, offered by the Committee on Rules, was read and adopted:
A RESOLUTION
Creating the State Registry Study Committee; and for other purposes.
WHEREAS, the increased growth and complexity of state government have caused an expansion in regulatory development; and
WHEREAS, the growth in regulations has caused accessibility and public notification issues with the rule-making process; and
WHEREAS, state agencies are largely self-regulated by their own boards without the opportunity for much public input; and
WHEREAS, the degree of public participation varies widely among state agencies in Georgia; and
WHEREAS, during the past 30 years, states have moved to respond to public demands for more open access to proposed rule making by centralizing information flow and requiring all state agencies regularly to inform the public of pending and adopted changes in policies and practices through a centralized publication; and
WHEREAS, the electronic publishing capabilities of the Internet allow centralized publications to be distributed easily and in a cost-effective manner; and

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WHEREAS, ten southern states have implemented a centralized notification of the rulemaking process.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the State Registry Study Committee to be composed of two members of the House of Representatives to be appointed by the Speaker of the House of Representatives.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the Administrative Procedures Act and recommend needed legislative changes so that a centralized notification system may be established. 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 from the funds appropriated to the House of Representatives but shall receive the same for not more than five days unless additional days are authorized. The Office of Legislative Counsel shall provide administrative support for the committee. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2005. The committee shall stand abolished on December 31, 2005.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute.
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.
The following Committee substitute was read and withdrawn:
A RESOLUTION
Creating the House Taxpayer Bill of Rights Study Committee; and for other purposes.
WHEREAS, many taxpayers have expressed strong sentiment for reducing their tax burden; and
WHEREAS, providing for meaningful limits on state government taxing and spending powers is an effective method for accomplishing that reduction; and

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3291

WHEREAS, other states have already implemented reductions by providing that annual state expenditures cannot exceed the total expenditures for a prior fiscal year except for annual percentage changes in the cost of living and population and providing that excess revenues are refunded to taxpayers.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Taxpayer Bill of Rights Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Speaker shall designate a member of the committee as chairperson of the committee. The chairperson shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. The allowances authorized by this resolution shall not be received by any member of the committee for more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 2005. The committee shall stand abolished on December 1, 2005.
The following substitute, offered by the Committee on Rules, was read and adopted:
A RESOLUTION
Creating the House Taxpayer Bill of Rights Study Committee; and for other purposes.
WHEREAS, many taxpayers have expressed strong sentiment for reducing their tax burden; and
WHEREAS, providing for meaningful limits on state government taxing and spending powers is an effective method for accomplishing that reduction; and
WHEREAS, other states have already implemented reductions by providing that annual state expenditures cannot exceed the total expenditures for a prior fiscal year except for annual percentage changes in the cost of living and population and providing that excess revenues are refunded to taxpayers.

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NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Taxpayer Bill of Rights Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Speaker shall designate a member of the committee as chairperson of the committee. The chairperson shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. The allowances authorized by this resolution shall not be received by any member of the committee for more than three days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 2005. The committee shall stand abolished on December 1, 2005.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to, by substitute.
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.
The following substitute, offered by the Committee on Rules, was read and adopted:
A RESOLUTION
Creating the House Study Committee on Tobacco Tax Evasion; and for other purposes.
WHEREAS, there is a growing problem in Georgia with untaxed cigars and smokeless tobacco being brought into the state; and
WHEREAS, an infrastructure exists which is importing cigars from Florida, which has no tax on cigars; and

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3293

WHEREAS, legitimate Georgia wholesalers are losing millions of dollars in sales to such operations, causing a loss of jobs in this state; and
WHEREAS, the State of Georgia is losing tobacco tax revenue because the tax is not being paid as required on products being imported into this state; and
WHEREAS, this loss has increased following the tax increase on cigars and the imposition of the tax on smokeless tobacco; and
WHEREAS, current policy and procedure makes the identification of imported products difficult to spot since, unlike cigarettes, neither cigars nor smokeless tobacco products are stamped.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on Tobacco Tax Evasion to be composed of not more than five members. The Speaker of the House of Representatives shall appoint not more than five members of the House of Representatives as members of the committee and shall designate one of such members as chairperson. The chairperson shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. All funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the House of Representatives. The expenses and allowances authorized by this resolution shall not be received by any member of the committee for more than three days unless additional days are authorized. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2006. The committee shall stand abolished on December 31, 2006.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute.
HR 442. By Representative Hembree of the 67th:
A RESOLUTION creating the House Study Committee on the HOPE Scholarship Program; and for other purposes.

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The following substitute, offered by the Committee on Rules, was read and adopted:
A RESOLUTION
Creating the House Study Committee on the HOPE Scholarship Program; and for other purposes.
WHEREAS, the HOPE Scholarship Program has helped many Georgia students attend colleges and universities in this state; and
WHEREAS, it is prudent to periodically review state programs, including the HOPE Scholarship Program, to identify the areas that are successful and any areas which may need to be improved; and
WHEREAS, it would be beneficial to assess the HOPE Scholarship Program, including but not limited to the impact that results when students transfer between institutions in which credit hours may or may not be honored, and which may cause students to be required to take more credit hours than is allowed under the maximum hour limitations under the program; and
WHEREAS, the House of Representatives believes that it is in the best interests of the HOPE Scholarship Program and the students in Georgia to review the program and its impact on students in varying situations.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on the HOPE Scholarship Program to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Speaker of the House of Representatives shall designate a member of the committee to serve as chairperson. The chairperson shall call all meetings of the committee.
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 members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2005. The committee shall stand abolished on December 31, 2005.

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3295

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute.
HR 486. By Representative Scheid of the 22nd:
A RESOLUTION creating the House Ad Valorem Inventory Tax Study Committee; and for other purposes.
The following substitute, offered by the Committee on Rules, was read and adopted:
A RESOLUTION
Creating the House Ad Valorem Inventory Tax Study Committee; and for other purposes.
WHEREAS, state and local governments receive revenues which are generated from ad valorem taxes on inventory goods; and
WHEREAS, the imposition and collection of such taxes have acted as a disincentive to the location or relocation of business facilities in border communities due to a lack of such taxes in states which border Georgia; and
WHEREAS, the ultimate economic harm caused to the economy of the state and of local governments outweighs the benefit of continuing such taxation.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Ad Valorem Inventory Tax Study Committee to be composed of three members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Speaker shall designate a member of the committee as chairperson of the committee. The chairperson shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. The allowances authorized by this resolution shall not be received by any member of the committee for more than three days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives. In the event the committee makes a report of its findings and

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recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 2005. The committee shall stand abolished on December 1, 2005.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute.
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.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
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 following substitute, offered by the Committee on Rules, was read and adopted:
A RESOLUTION
Creating the House Coastal Georgia Sound Science Initiative Study Committee; and for other purposes.
WHEREAS, rapid population growth in coastal Georgia, increased tourism, and sustained industrial activity have adversely affected coastal Georgia's water resources and limited the available water supply; and
WHEREAS, the main source of water supply in the coastal area is the Upper Floridan aquifer, an extremely productive water source which was first developed in the late 1800's and has been used extensively in the area ever since; and
WHEREAS, water withdrawals from the aquifer have resulted in several problems, including: substantial water-level declines; migration of seawater into the aquifer at the northern end of Hilton Head Island, South Carolina; contamination of the aquifer from underlying brine-filled strata at Brunswick, Georgia; and decreased ground-water inflow to springs, freshwater ponds, marshes, and wetlands, which could affect the balance of freshwater and saltwater in tidal rivers and estuaries; and

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3297

WHEREAS, saltwater contamination has constrained further development of the Upper Floridan aquifer in coastal Georgia and created fierce competing demands for the limited fresh water supply; and
WHEREAS, the Environmental Protection Division of the Department of Natural Resources (EPD) released an interim strategy in April, 1997, to manage saltwater intrusion in the Upper Floridan aquifer; and, as part of this interim plan, EPD capped permitted withdrawal from the Upper Floridan aquifer at 1997 rates in the Savannah and Brunswick areas; and
WHEREAS, the EPD has funded a program of scientific and feasibility studies, known as the Georgia Coastal Sound Science Initiative, to support development of a related final water-management strategy;
WHEREAS, the current status of the initiative is as follows: all field studies of the initiative have been completed; approximately 41 peer-reviewed scientific reports have been published to date; a comprehensive ground-water and surface-water monitoring network has been established in Georgia; ground-water modeling capable of indicating where and when saltwater intrusion will occur is in development and initial results will be available in the spring of 2005; the cost-effectiveness of various methods of stopping saltwater intrusion needs further study; a first draft of a final strategy and public hearings are scheduled for the summer of 2005; and a revised draft of a final strategy is due in December, 2005; and
WHEREAS, it is imperative to review the results of the initiative, especially with regard to what, if any, legislation may be warranted thereby.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Coastal Georgia Sound Science Initiative Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Speaker shall designate a member of the committee as chairperson of the committee. The chairperson shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. The allowances authorized by this resolution shall not be received by any member of the committee for more than three

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days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 2005. The committee shall stand abolished on December 1, 2005.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute.
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.
The following Committee substitute was read and withdrawn:
A RESOLUTION
Creating the House Study Committee on the Restructuring of Georgia's Criminal Penalties; and for other purposes.
WHEREAS, the Constitution of the United States guarantees the right to legal representation for any person charged with a crime; and
WHEREAS, the right to counsel guaranteed by the Constitution has been shaped and defined by decisions of the Supreme Court of the United States; and
WHEREAS, the Supreme Court of the United States has ruled that states must secure the right to counsel for those individuals who cannot afford to provide counsel for themselves by providing counsel for them paid for out of the coffers of the state; and
WHEREAS, the Supreme Court of the United States has also ruled that the right to counsel is guaranteed to any person charged with a crime that carries with it the threat of incarceration; and
WHEREAS, the state must provide counsel for any persons charged with a crime which carries the threat of incarceration who cannot afford to pay their own counsel; and
WHEREAS, in the State of Georgia, the financial burden of providing counsel for those unable to provide it for themselves is shared by the state with local governments; and

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WHEREAS, in order to reduce the financial burden, there is a need to consider ways to reduce demand for indigent defense services; and
WHEREAS, the demand for the resources is directly proportionate to the number of offenses which carry the threat of incarceration.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on the Restructuring of Georgia's Criminal Penalties. The committee shall consist of the following members: nine members appointed by the Speaker of the House; the director of the Georgia Public Defender Standards Council or his or her designee; the executive director of the Prosecuting Attorneys' Council of the State of Georgia or his or her designee; the executive director of the Association County Commissioners of Georgia or his or her designee; the executive director of the Georgia Municipal Association or his or her designee; the legislative chairperson of the Georgia Association of Criminal Defense Lawyers or his or her designee; the chairperson of The Council of Superior Court Judges of Georgia or his or her designee; and the chairperson of the Georgia Alliance of African American Attorneys or his or her designee. The committee shall examine the laws specifying criminal offenses and the punishments therefor and shall seek ways to more efficiently and effectively apply the option of incarceration. The goal of the committee is to find ways to balance the use of the threat of incarceration so as to maintain sufficient deterrence from that threat without implicating the right to counsel for so many offenders as to drain the resources of the state and counties in their efforts to administer justice.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the committee shall receive the allowance provided for in Code Section 281-8 of the Official Code of Georgia Annotated. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 of the Official Code of Georgia Annotated as well as the mileage or transportation allowance authorized for state employees. Any member who is a public official or employee other than a member of the General Assembly shall not receive a daily expense allowance but may be reimbursed for actual expenses by his or her public employer. All funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the House of Representatives. The expenses and allowances authorized by this resolution shall not be received by any member of the committee for more than five days unless additional days are authorized. In the event the committee makes report of its findings and recommendations, with suggestions for proposed legislation, if any,

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such report shall be made on or before December 1, 2006. The committee shall stand abolished on December 1, 2006.
The following substitute, offered by the Committee on Rules, was read and adopted:
A RESOLUTION
Creating the House Study Committee on the Restructuring of Georgia's Criminal Penalties; and for other purposes.
WHEREAS, the Constitution of the United States guarantees the right to legal representation for any person charged with a crime; and
WHEREAS, the right to counsel guaranteed by the Constitution has been shaped and defined by decisions of the Supreme Court of the United States; and
WHEREAS, the Supreme Court of the United States has ruled that states must secure the right to counsel for those individuals who cannot afford to provide counsel for themselves by providing counsel for them paid for out of the coffers of the state; and
WHEREAS, the Supreme Court of the United States has also ruled that the right to counsel is guaranteed to any person charged with a crime that carries with it the threat of incarceration; and
WHEREAS, the state must provide counsel for any persons charged with a crime which carries the threat of incarceration who cannot afford to pay their own counsel; and
WHEREAS, in the State of Georgia, the financial burden of providing counsel for those unable to provide it for themselves is shared by the state with local governments; and
WHEREAS, in order to reduce the financial burden, there is a need to consider ways to reduce demand for indigent defense services; and
WHEREAS, the demand for the resources is directly proportionate to the number of offenses which carry the threat of incarceration.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on the Restructuring of Georgia's Criminal Penalties. The committee shall consist of the following members: five members appointed by the Speaker of the House; the director of the Georgia Public Defender Standards Council or his or her designee; the executive director of the Prosecuting Attorneys' Council of the State of Georgia or his or her designee; the executive director of the Association County Commissioners of Georgia or his or her designee; the

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executive director of the Georgia Municipal Association or his or her designee; the legislative chairperson of the Georgia Association of Criminal Defense Lawyers or his or her designee; the chairperson of The Council of Superior Court Judges of Georgia or his or her designee; and the chairperson of the Georgia Alliance of African American Attorneys or his or her designee. The committee shall examine the laws specifying criminal offenses and the punishments therefor and shall seek ways to more efficiently and effectively apply the option of incarceration. The goal of the committee is to find ways to balance the use of the threat of incarceration so as to maintain sufficient deterrence from that threat without implicating the right to counsel for so many offenders as to drain the resources of the state and counties in their efforts to administer justice.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the committee shall receive the allowance provided for in Code Section 281-8 of the Official Code of Georgia Annotated. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 of the Official Code of Georgia Annotated as well as the mileage or transportation allowance authorized for state employees. Any member who is a public official or employee other than a member of the General Assembly shall not receive a daily expense allowance but may be reimbursed for actual expenses by his or her public employer. All funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the House of Representatives. The expenses and allowances authorized by this resolution shall not be received by any member of the committee for more than five days unless additional days are authorized. In the event the committee makes report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 2006. The committee shall stand abolished on December 1, 2006.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to, by substitute.
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.
The following substitute, offered by the Committee on Rules, was read and adopted:

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A RESOLUTION
Creating the House Study Committee on Children: Newborns to Age Five; and for other purposes.
WHEREAS, Georgias children are Georgias future; and
WHEREAS, preschool children are confronted with many crucial developmental tasks, including developing small and large motor skills, learning to speak and developing vocabulary, developing self-confidence, developing the ability to play cooperatively with other children, learning to share and respect the rights of others, developing hand eye coordination, learning to feed and dress themselves, learning to solve simple problems through reasoning, and learning to express feelings and ideas;
WHEREAS, to develop to their full potential, preschool children need a loving, nurturing relationship with their parents or guardians; good nutrition; screening for developmental and health problems; good role models; and adequate exercise, stimulation, play, and communication; and
WHEREAS, the youngest children cannot speak for themselves, and a preschool child who is experiencing a lack of some element vital for healthy development may not get the help needed; and
WHEREAS, one cost of our mobile society is that parents often do not have an extended family to advise and help with rearing children, and some parents need education about child development stages or other aspects of parenting to help their children develop to their fullest potential;
WHEREAS, better coordination of existing programs and services could help identify all of Georgias children who need some assistance to thrive; and
WHEREAS, a careful study of existing programs and services would be a first step toward ensuring that all of Georgias children are safe, healthy, and growing toward successful lives.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on Children: Newborns to Age Five to be composed of five members. Five members of the House of Representatives shall be appointed to the committee by the Speaker of the House of Representatives, to include one member who has a child under age 5. The Speaker shall designate a member of the committee as chairperson of the committee. The chairperson shall call all meetings of the committee.

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BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated from funds appropriated to the House of Representatives. The allowances authorized by this resolution shall not be received by any member of the committee for more than five days unless additional days are authorized. The committee is authorized to use funds available from federal grants or other grants for the purposes of the committee. Staff support for the committee may be provided by the Department of Early Care and Learning and the Family Connection Partnership. The committee may call upon the expertise of the Family Health Unit of the Public Health Division of the Department of Human Resources, the Department of Education, the director and employees of Smart Start, the School of Family and Consumer Sciences of the University of Georgia, the Association of Pediatricians, the American Academy of Pediatrics, the Centers for Disease Control and Prevention, Childrens Healthcare of Atlanta, local Family Connection organizations, the cooperative extension service, persons with expertise in early childhood development, dieticians, child care providers, county health departments, pediatricians, the Commissioner and staff of the Department of Early Care and Learning, the Barton Child Law and Policy Clinic of Emory University, the Family Connection Partnership, the Department of Education, and members of the business community. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 2005. The committee shall stand abolished on December 1, 2005.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute.
HR 641. By Representatives Walker of the 107th, Cooper of the 41st and Graves of the 137th:
A RESOLUTION creating the House Study Committee on the Causes and Treatment of Lymphedema; and for other purposes.
The following substitute, offered by the Committee on Rules, was read and adopted:
A RESOLUTION
Creating the House Study Committee on the Causes and Treatment of Lymphedema; and for other purposes.

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WHEREAS, the World Health Organization cites lymphedema as the second leading cause of disability in the world; and
WHEREAS, lymphedema is the swelling in the body resulting from an accumulation of fluid in the tissue caused through a genetic condition or by a disruption in the lymphatic system's ability to clean and filter lymph fluid in the body; and
WHEREAS, lymphedema can occur at any time in a person's life after an initial injury to the lymphatic system; and
WHEREAS, if lymphedema is not treated properly, it progresses and can cause a high risk of infection, can result in expensive hospitalizations and antibiotic treatments, and can cause disabling or even fatal conditions; and
WHEREAS, lymphedema requires lifelong management, and proper treatment can increase the patient's quality of life; and
WHEREAS, the treatment of lymphedema is simpler to manage and far less expensive than the complications that can occur from lack of treatment; and
WHEREAS, presently health care coverage for lymphedema falls under rehabilitation benefits; and
WHEREAS, lymphedema is a chronic condition and should have unrestricted coverage; and
WHEREAS, it would be prudent and beneficial to assess the extent of health care coverage for the treatment of lymphedema to determine whether or not legislative action should be recommended to mandate certain coverage of lymphedema.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on the Causes and Treatment of Lymphedema to be composed of three members. The Speaker of the House of Representatives shall appoint three members of the House of Representatives to be members of the committee. The Speaker of the House of Representatives shall designate a member of the committee to serve as chairperson. The chairperson shall call all meetings of the committee.
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 members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the

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same for not more than three days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2005. The committee shall stand abolished on December 31, 2005.

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

HR 642. By Representatives Stephens of the 164th, Parrish of the 156th, Channell of the 116th, Barnard of the 166th and Graves of the 137th:

A RESOLUTION creating the House Film and Video Game Technology Study Committee; and for other purposes.

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

HR 679. By Representatives Fleming of the 117th, Burkhalter of the 50th, Keen of the 179th, Smith of the 113th, Hembree of the 67th and others:

A RESOLUTION creating the House Study Committee on University System Institution Foundations; and for other purposes.

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

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 following Committee substitute was read and adopted:

A RESOLUTION

Creating the Joint Early Learning Initiative Commission; and for other purposes.

WHEREAS, quality early care and learning opportunities for all children, especially for at-risk children from birth to five years of age, are essential to improving school performance for Georgia students; and

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WHEREAS, the state has invested lottery proceeds, state funds, and federal funds in the Office of School Readiness and Georgias Pre-K Program, for a total of $360,959,969.00 in the 2004 budget adopted in the 2004 session; and
WHEREAS, there are proposals for delegation of authority and funding over certain federal early learning programs to the states; and
WHEREAS, a comprehensive review of early learning opportunities currently available that support health, social and emotional, cognitive and physical well being of children from birth to five years of age and recommendations for improvement of quality early care and learning opportunities would be helpful to the General Assembly in adopting education policies and appropriating funds for the most effective uses.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Early Learning Initiative Commission to be composed of 21 members, including four members of the House of Representatives to be appointed by the Speaker of the House of Representatives and four members of the Senate to be appointed by the Senate Committee on Assignments. The Governor shall appoint seven members, including one member with expertise relating to early care and learning programs, one parent with a child enrolled in a pre-kindergarten program, one parent with a child currently enrolled in Head Start or Early Head Start, one representative from the child care/early learning center community, one private provider pre-kindergarten instructor, one public school pre-kindergarten instructor, and one Head Start instructor. The Chancellor of the Board of Regents, the Commissioner of the Department of Technical Adult Education, the director of the Georgia Lottery Corporation, the director of the Georgia Student Finance Commission, the Georgia State School Superintendent or her designee, and the commissioner of Bright From the Start: Georgia Department of Early Care and Learning shall be ex-officio members of the commission. 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 commission. The commission shall meet at the call of the cochairpersons.
BE IT FURTHER RESOLVED that the commission shall undertake a study of the following: issues relating to the anticipated action of the federal government in delegating authority relating to Head Start to the state; an examination of federal and state early learning programs to define efficiencies in each; options for combining federal and state programs if authority over federal funds and programs are delegated to the state; an investigation of early learning efforts statewide, including federal, state, and private programs to assess innovative approaches and to recommend effective practices; an investigation to develop and align early learning standards from birth to five years of age and from kindergarten through 12th grade, thus providing Georgia students with a seamless system of learning standards; investigate research that demonstrates that

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training and credentialing of early care and education teachers is critical to obtaining positive child outcomes and investigate and improve the professional development opportunities/system for early care and learning teachers by the creation of a statewide articulation agreement between community-based, tech school and colleges and universities that support the professional development of Georgias early care and education teachers; possible expansion of early learning programs for at-risk three-yearolds; the creation of a statewide data base system that ensures a measure of accountability across state programs; an economic impact study that measures and demonstrates the value of federal, state, and local investments made in quality early care and education programs in Georgia; and the impact of an early education income tax credit for families with incomes under 200 percent of the federally designated poverty level that would allow low-income families to afford early education options that wealthier families can afford at institutions of their choice. The commission may recommend any actions or legislation which the commission deems necessary or appropriate. The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the commission shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than three days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives and Senate. The Carl Vinson Institute at the University of Georgia is authorized and directed to provide staff services to the commission. In the event the commission makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2006. The commission shall stand abolished on December 31, 2006.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
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 following Committee substitute was read and adopted:
A RESOLUTION
Creating the Jasper Port Study Committee; and for other purposes.
WHEREAS, the Port of Savannah was the site of the establishment of the Colony of Georgia; and

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WHEREAS, the Savannah River is the navigable river that serves the Port of Savannah; and
WHEREAS, the State of South Carolina borders the northern side of the Savannah River; and
WHEREAS, Jasper County, South Carolina, borders the Savannah River on the north; and
WHEREAS, both the State of Georgia and the State of South Carolina have established port authorities to govern all port related activities in their states; and
WHEREAS, competition for shipping business has been a long accepted tradition between the Port of Savannah and the Port of Charleston; and
WHEREAS, both states are intent on supporting the future development of their respective ports; and
WHEREAS, both the State of Georgia and the State of South Carolina are dependent on the economic benefits derived from the activities of each respective port authority; and
WHEREAS, the ever increasing size of ships is requiring both ports to continually deepen the respective rivers which serve their ports; and
WHEREAS, the environmental factors affected by such river deepening are becoming a major obstacle to be overcome by each port prior to deepening its respective port rivers; and
WHEREAS, there may be certain benefits to be realized by both states sharing information regarding a proposed port operation on both the north and south sides of the Savannah River; and
WHEREAS, it is in the best interest of both states to cooperate with each others economic activities along their common border.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Jasper Port Study Committee to be composed of three members of the Senate to be appointed by the Senate Committee on Assignments, three members of the House of Representatives to be appointed by the Speaker of the House of Representatives, and three citizens to be appointed by the Governor.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto for the

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purpose of recommending any legislation or other action the committee deems necessary or appropriate, including the need for the State of Georgia to maintain its obligation to the U.S. Army Corps of Engineers to provide an adequate spoil site. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 of the Official Code of Georgia Annotated as well as the mileage or transportation allowance authorized for state employees. All funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the House of Representatives and the Senate. The expenses and allowances authorized by this resolution shall not be received by any member of the committee for more than five days unless additional days are authorized. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 2005. The committee shall stand abolished on December 1, 2005.

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

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.

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

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 following Committee substitute was read and adopted:

A RESOLUTION

Honoring Henry McNeal Turner; recognizing his contributions as worthy of a memorial; creating the Joint Commission for Recognition of Public Servants; and for other purposes.

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WHEREAS, Henry McNeal Turner was born near Abbeville, South Carolina, in 1834 and was ordained to preach in 1853; and
WHEREAS, during the Civil War, he became the first African American to hold the position of chaplain in the U.S. Army, and after the war he was active in Georgia state politics and he served in the General Assembly; and
WHEREAS, when African Americans were expelled from the General Assembly in 1868, he delivered a rousing oratory in protest of their treatment; and
WHEREAS, he became the 12th A.M.E. Bishop in 1880, and for 12 years he served as chancellor of Morris Brown College, now Morris Brown University, and he donated land in Atlanta for the construction of a school for African American children; and
WHEREAS, it is only right that this great man in Georgia history be recognized.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body recognize the tremendous achievements and accomplishments of Henry McNeal Turner and honor his memory for his service to this nation.
BE IT FURTHER RESOLVED that it is the sense of the General Assembly that some memorial to the memory of Henry McNeal Turner is appropriate and that further study to determine the best method of honoring his service and that of other public servants is appropriate.
BE IT FURTHER RESOLVED that: (1) The General Assembly finds that: (A) Over the years the General Assembly has recognized distinguished and deserving public servants through various means, including the commissioning and placement of statues and paintings; and (B) To date there has not been a consensus as to the best way to honor such persons, and the result has been inconsistent and diverse honors and memorials; and (C) The public would be well served if a commission were established to oversee the process of honoring our states leaders and heroes in a predictable and dignified way so the public, and in particular our youth, can both remember those so honored and learn and take inspiration from their achievements, contributions, and sacrifices; and
(2) There is created the Joint Commission for the Recognition of Public Servants to be composed of eight members as follows: one member appointed by the Governor, whose appointee shall be the chairperson; the director of the Georgia Capitol Museum; the director of the Georgia Building Authority; and the director of the Georgia Council for the Arts; additionally, two members shall be appointed by the Speaker of the House of Representatives, and two members shall be appointed by the Senate Committee on

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Assignments, with one member from each designated as co-vice chairperson. The commission shall undertake a study of the need for a permanent commission to establish methods for honoring distinguished and deserving public servants and shall make recommendations to that end. The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the commission shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than six days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives and Senate. The commission shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, to the Governor, the Speaker of the House of Representatives, and the Senate Committee on Assignments on or before December 1, 2005. The commission shall stand abolished on December 1, 2005.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
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.
The following Committee substitute was read and withdrawn:
A RESOLUTION
Creating the Juvenile Law Commission; and for other purposes.
WHEREAS, the safety and welfare of Georgias persons and property would best be served by a juvenile justice system that fairly balances the needs of children with the needs of the community and those who have been victims of delinquent acts committed by children; and
WHEREAS, the safety and welfare of Georgias children would be best served by a juvenile justice system that fairly balances the goals of family reunification and public safety with the physical and emotional well-being of the children; and
WHEREAS, the current Juvenile Code, Chapter 11 of Title 15 of the Official Code of Georgia Annotated, was enacted in 1971 based on the work and recommendations of the

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Delinquent Offender and Juvenile Court Study Commission created by House Resolution 621-1248 and approved on March 24, 1970 (Ga. L. 1970, p. 847); and
WHEREAS, the Juvenile Code has been amended numerous times since its enactment resulting in some provisions of the Code being confused and inconsistent; and
WHEREAS, juvenile court judges, child advocate attorneys, juvenile public defenders and attorneys who represent children, prosecuting attorneys, child welfare practitioners, law enforcement officials, and state policymakers have recognized that the existing Juvenile Code is in need of reorganization and reformation; and
WHEREAS, the Juvenile Law Committee of the Young Lawyers Division of the State Bar of Georgia has undertaken the project of rewriting the Juvenile Code; and
WHEREAS, the safety and welfare of the public and Georgias children would be best served by a comprehensive, research based, best practices legal model that would simplify and govern juvenile practice and procedure.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Juvenile Law Commission to be composed of 25 members as follows:
(1) Three members of the Senate to be appointed by the Senate Committee on Assignments, one of whom shall be designated as the cochairperson; (2) Three members of the House of Representatives to be appointed by the Speaker of the House, one of whom shall be designated as the cochairperson; (3) The commissioner of the Department of Juvenile Justice or his or her designee; (4) The commissioner of the Department of Human Resources or his or her designee; (5) The director of the Children and Youth Coordinating Council or his or her designee; (6) A local school superintendent appointed by the State School Superintendent; (7) A juvenile court judge appointed by the Council of Juvenile Court Judges; (8) The Executive Director of the Council of Juvenile Court Judges or his or her designee; (9) A superior court judge who has served as a juvenile court judge appointed by the Council of Superior Court Judges of Georgia; (10) A criminal defense attorney who routinely defends juvenile offenders appointed by the Georgia Public Defender Standards Council; (11) The Child Advocate for the Protection of Children or his or her designee; (12) The chairperson of the Prosecuting Attorneys Council of Georgia or his or her designee; (13) A prosecuting attorney who routinely prosecutes juvenile offenders appointed by the Prosecuting Attorneys Council of the State of Georgia; (14) A special assistant attorney general appointed by the Attorney General;

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(15) Two members of the Juvenile Law Committee of the Young Lawyers Division of the State Bar of Georgia appointed by the Juvenile Law Committee of the Young Lawyers Division of the State Bar of Georgia; one member who has experience relating to child welfare and deprivation law; and one member who has experience relating to juvenile justice; (16) A sheriff appointed by the Governor; (17) A chief of police appointed by the Governor; (18) Two members appointed by the Governor; and (19) The legislative chairperson of the Georgia Association of Criminal Defense Lawyers or his or her designee. The Governor shall also appoint two other persons who shall serve in an advisory capacity to the commission. Any vacancy on the commission shall be filled by appointment by the original appointing authority.
BE IT FURTHER RESOLVED that the commission shall study the conditions, needs, issues, and problems of the juvenile justice and child welfare system in Georgia. In conducting such study, the commission shall study juvenile law and procedures in Georgia and other states and shall elicit views from experts in the field of juvenile justice and child welfare. The commission shall examine recent court decisions affecting children and shall determine what revisions to the Code, if any, are necessary and desirable. The commission shall review the range of services or sanctions that are needed by the juvenile justice and child welfare system to best serve the needs of the community, families, and children.
The commission may appoint study committees composed of members of this commission as well as public officials and citizens who have expertise or particular interest in the various areas of the juvenile justice and child welfare system. The commission shall periodically review the progress of the study committees and establish a time frame for the completion of the study committees work. After a study committee has completed its work, it shall submit its report and recommendations to the commission.
The commission shall meet for the purpose of organizing and electing such officers as it deems advisable, determining a quorum, adopting procedures for operations, and attending to such other matters as it deems appropriate within 45 days of this resolution becoming law. The date, time, and place of the first meeting shall be determined by the Governor.
The Office of Legislative Counsel shall provide staff to the commission. The commission may enter into agreements with other state agencies and public or private organizations, including the Juvenile Law Committee of the Young Lawyers Division of the State Bar of Georgia, for such additional staff or support as the commission may determine to be necessary.

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The commission shall recommend to the Governor, the General Assembly, and the judiciary any action or legislation which the commission deems necessary or appropriate and shall oversee the implementation of such recommendations.
The legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 of the Official Code of Georgia Annotated as well as the mileage or transportation allowance authorized for state employees. Members of the commission who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the commission, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the commission in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the Senate and the House of Representatives. The expenses and allowances authorized by this resolution shall not be received by any member of the commission for more than five days unless additional days are authorized as provided by the rules of the Senate or the House of Representatives.
In the event the commission makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2006.
This resolution shall be repealed on December 31, 2006, and the commission and all study committees shall stand abolished on December 31, 2006.
The following substitute, offered by the Committee on Rules, was read and adopted:
A RESOLUTION
Creating the Juvenile Law Commission; and for other purposes.
WHEREAS, the safety and welfare of Georgias persons and property would best be served by a juvenile justice system that fairly balances the needs of children with the needs of the community and those who have been victims of delinquent acts committed by children; and
WHEREAS, the safety and welfare of Georgias children would be best served by a juvenile justice system that fairly balances the goals of family reunification and public safety with the physical and emotional well-being of the children; and

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WHEREAS, the current Juvenile Code, Chapter 11 of Title 15 of the Official Code of Georgia Annotated, was enacted in 1971 based on the work and recommendations of the Delinquent Offender and Juvenile Court Study Commission created by House Resolution 621-1248 and approved on March 24, 1970 (Ga. L. 1970, p. 847); and
WHEREAS, the Juvenile Code has been amended numerous times since its enactment resulting in some provisions of the Code being confused and inconsistent; and
WHEREAS, juvenile court judges, child advocate attorneys, juvenile public defenders and attorneys who represent children, prosecuting attorneys, child welfare practitioners, law enforcement officials, and state policymakers have recognized that the existing Juvenile Code is in need of reorganization and reformation; and
WHEREAS, the Juvenile Law Committee of the Young Lawyers Division of the State Bar of Georgia has undertaken the project of rewriting the Juvenile Code; and
WHEREAS, the safety and welfare of the public and Georgias children would be best served by a comprehensive, research based, best practices legal model that would simplify and govern juvenile practice and procedure.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Juvenile Law Commission to be composed of 25 members as follows:
(1) Three members of the Senate to be appointed by the Senate Committee on Assignments, one of whom shall be designated as the cochairperson; (2) Three members of the House of Representatives to be appointed by the Speaker of the House, one of whom shall be designated as the cochairperson; (3) The commissioner of the Department of Juvenile Justice or his or her designee; (4) The commissioner of the Department of Human Resources or his or her designee; (5) The director of the Children and Youth Coordinating Council or his or her designee; (6) A local school superintendent appointed by the State School Superintendent; (7) A juvenile court judge appointed by the Council of Juvenile Court Judges; (8) The Executive Director of the Council of Juvenile Court Judges or his or her designee; (9) A superior court judge who has served as a juvenile court judge appointed by the Council of Superior Court Judges of Georgia; (10) A criminal defense attorney who routinely defends juvenile offenders appointed by the Georgia Public Defender Standards Council; (11) The Child Advocate for the Protection of Children or his or her designee; (12) The chairperson of the Prosecuting Attorneys Council of Georgia or his or her designee;

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(13) A prosecuting attorney who routinely prosecutes juvenile offenders appointed by the Prosecuting Attorneys Council of the State of Georgia; (14) A special assistant attorney general appointed by the Attorney General; (15) Two members of the Juvenile Law Committee of the Young Lawyers Division of the State Bar of Georgia appointed by the Juvenile Law Committee of the Young Lawyers Division of the State Bar of Georgia; one member who has experience relating to child welfare and deprivation law; and one member who has experience relating to juvenile justice; (16) A sheriff appointed by the Governor; (17) A chief of police appointed by the Governor; (18) Two members appointed by the Governor; and (19) The legislative chairperson of the Georgia Association of Criminal Defense Lawyers or his or her designee. The Governor shall also appoint two other persons who shall serve in an advisory capacity to the commission. Any vacancy on the commission shall be filled by appointment by the original appointing authority.
BE IT FURTHER RESOLVED that the commission shall study the conditions, needs, issues, and problems of the juvenile justice and child welfare system in Georgia. In conducting such study, the commission shall study juvenile law and procedures in Georgia and other states and shall elicit views from experts in the field of juvenile justice and child welfare. The commission shall examine recent court decisions affecting children and shall determine what revisions to the Code, if any, are necessary and desirable. The commission shall review the range of services or sanctions that are needed by the juvenile justice and child welfare system to best serve the needs of the community, families, and children.
The commission may appoint study committees composed of members of this commission as well as public officials and citizens who have expertise or particular interest in the various areas of the juvenile justice and child welfare system. The commission shall periodically review the progress of the study committees and establish a time frame for the completion of the study committees work. After a study committee has completed its work, it shall submit its report and recommendations to the commission.
The commission shall meet for the purpose of organizing and electing such officers as it deems advisable, determining a quorum, adopting procedures for operations, and attending to such other matters as it deems appropriate within 45 days of this resolution becoming law. The date, time, and place of the first meeting shall be determined by the Governor.
The Office of Legislative Counsel shall provide staff to the commission. The commission may enter into agreements with other state agencies and public or private organizations,

TUESDAY, MARCH 29, 2005

3317

including the Juvenile Law Committee of the Young Lawyers Division of the State Bar of Georgia, for such additional staff or support as the commission may determine to be necessary.
The commission shall recommend to the Governor, the General Assembly, and the judiciary any action or legislation which the commission deems necessary or appropriate and shall oversee the implementation of such recommendations.
The legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 of the Official Code of Georgia Annotated as well as the mileage or transportation allowance authorized for state employees. Members of the commission who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the commission. 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 resolution shall come from funds appropriated to the Senate and the House of Representatives. The expenses and allowances authorized by this resolution shall not be received by any member of the commission for more than five days unless additional days are authorized as provided by the rules of the Senate or the House of Representatives.
In the event the commission makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2005.
This resolution shall be repealed on December 31, 2005, and the commission and all study committees shall stand abolished on December 31, 2005.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to, by substitute.
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.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

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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.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
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.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
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 following Committee substitute was read and adopted:
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.
WHEREAS, Mack Mattingly served the citizens of Georgia with diligence, dedication, and ability as a member of the United States Senate from 1981-1987; and
WHEREAS, he served as chair of the Georgia Republican Party from 1975 to 1977 and was a delegate and alternate delegate to Georgia and National Republican Conventions from 1964 through 2004; and
WHEREAS, he served as Assistant Secretary General for Defense Support at the North Atlantic Treaty Organization from 1987 to 1990 and as United States Ambassador to the Republic of the Seychelles in 1992-93; and

TUESDAY, MARCH 29, 2005

3319

WHEREAS, Mack Mattingly has long been recognized by the citizens of this state for the vital role that he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, he has diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced by his work as a successful businessman and entrepreneur and his involvement in the political process; and

WHEREAS, he is a resident of St. Simons Island in Glynn County.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Mack Mattingly is recognized and commended for his many years of dedicated service to the citizens of Georgia and the United States and that segment of I95 in Glynn County which extends from the Camden County line north to US 17 at Exit 67 is dedicated as the "Mack Mattingly Highway."

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to install and maintain appropriate signs designating the "Mack Mattingly Highway."

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to Mack Mattingly and to the Department of Transportation.

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

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
Barnes Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson Y Dodson
Dollar Y Drenner E 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 Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S

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

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

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Bruce Y Bryant Y 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
Cole Y Coleman, B
Coleman, T Cooper Y Cox

Y Fludd Y Forster N 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 Y Hembree E Henson Y Hill, C Y Hill, C.A

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 Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning E Marin Y Martin

Y Neal 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
Rice Y Roberts Y Rogers Y Royal Y Rynders

On the adoption of the Resolutions, the ayes were 148, nays 2.

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

The Resolutions, having received the requisite constitutional majority, were adopted.

The following Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:

SB 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.

The following Committee substitute was read and adopted:

A BILL

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

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3321

wireless telephone service providing directory information shall not include wireless service dialing numbers without the express consent of a subscriber; to provide for terms and conditions; to provide exceptions and authorize waivers; to prohibit provision of certain information to telemarketers under certain circumstances; to provide for civil enforcement and immunity from certain liability; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service in general, is amended by adding at its end a new Code Section 46-5-28 to read as follows:
"46-5-28. (a) As used in this Code section, the term:
(1) 'Service supplier' means a person or entity who provides wireless service to a telephone subscriber. (2) 'Traditional telephone directory' means a telephone directory, in any format, containing a majority of the landline telephone numbers for the given geographic coverage area for that directory. (3) '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. (4) 'Wireless telephone database' means any collection of telephone numbers that identifies the names and telephone numbers of multiple subscribers of one or more service suppliers. (b) A service supplier or any direct or indirect affiliate or agent of a service supplier providing the name and dialing number of a subscriber for inclusion in any wireless telephone database which is or will be made publicly available shall not include the dialing number of any wireless service subscriber without first obtaining the express consent of that subscriber. The subscribers consent shall meet all of the following requirements: (1) It shall be recorded in oral, electronic, or written form; (2) It shall be:
(A) A separate document that is not attached to any other document or if it is within another document shall be in a separate section of the document that includes the disclosure;

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(B) A separate screen or if it is within another screen shall be in a separate section of the screen that includes the disclosure; or (C) A sound recording of a discrete verbal confirmation; (3) It shall be unambiguous and conspicuously disclose that the subscriber is consenting to have the subscribers dialing number sold or licensed as part of a publicly accessible wireless telephone database; and (4) The service supplier must disclose in an unambiguous and conspicuous manner to the wireless customer that upon consent: (A) the customer is agreeing to have his or her wireless number accessed by anyone who utilizes the wireless telephone database; and (B) if the customer has a rate plan that charges the customer for usage, that calls received as a result, unsolicited or otherwise, will be applied against the subscribers planned minutes. (c) A subscriber who provides express consent pursuant to subsection (b) of this Code section may revoke that consent at any time. A service supplier shall comply with the subscribers request to opt out within a reasonable period of time, not to exceed 60 days. (d) A subscriber shall not be charged for making the choice to not be listed in a publicly accessible wireless telephone database. (e) This Code section does not apply to the provision of telephone numbers to the following parties for the purposes indicated; provided, however, that such parties shall use such telephone numbers solely for the purposes indicated and shall not transfer such telephone numbers to any third party: (1) Any law enforcement agency, fire protection agency, public health agency, public environmental health agency, city or county emergency services planning agency, or private for-profit agency operating under contract with, and at the direction of, one or more of these agencies, for the exclusive purpose of responding to a 911 call or communicating an imminent threat to life or property. This information or these records shall not be open to examination for any purpose not directly connected with the administration of the services specified in this paragraph; (2) A lawful process issued under state or federal law; (3) A service supplier providing service between service areas for the provision to the subscriber of telephone service between service areas, or third parties for the limited purpose of providing collection and billing services for the service supplier; (4) A service supplier to effectuate a subscribers request to transfer the subscribers assigned telephone number from the subscribers existing service supplier to a new service supplier; (5) The commission; or (6) A traditional telephone directory publisher, for the purposes of publishing a directory in any format, so long as the information was published before the effective date of this Code section. (f) Subsequent to the effective date of this Code section, a traditional telephone directory publisher must obtain the wireless subscribers recorded oral, electronic, or

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3323

written consent for the wireless subscribers name and wireless dialing number to be published in a traditional telephone directory. (g) No service supplier shall sell or otherwise provide a list of wireless numbers to any telemarketer except that such numbers may be provided to a telemarketer affiliated with the service supplier for the sole purpose of facilitating communication by or on behalf of the service supplier as permitted under subparagraph (b)(3)(B) of Code Section 46-527. (h) Every deliberate violation of this Code section is grounds for a civil suit by the aggrieved subscriber against the service supplier responsible for the violation. (i) No service supplier shall be subject to criminal or civil liability for the release of customer information as authorized by 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:

Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard
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 Y Buckner, G Y 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 Y Dodson
Dollar Y Drenner E 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
Harbin Y Hatfield

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

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

Sailor Y Scheid Y Scott, A E Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield E 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 Y Thomas, A.M Y Thomas, B Y Tumlin Walker Y Warren Y Watson Y Wilkinson

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Y Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

Y Heard, J Y Heard, K
Heckstall Hembree E Henson Y Hill, C Y Hill, C.A

Y Lucas Lunsford
Y Maddox Y Mangham
Manning E Marin Y Martin

Reece, S Y Reese
Rice Y Roberts Y Rogers Y Royal Y Rynders

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 139, nays 0.

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

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.

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 Senate and has instructed me to report the same back to the House with the following recommendation:

SB 25 Do Pass, by Substitute

Respectfully submitted, /s/ Willard of the 49th
Chairman

The Speaker Pro Tem assumed the Chair.

The following Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:

SB 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

TUESDAY, MARCH 29, 2005

3325

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.
The following Committee substitute was read and withdrawn:
A BILL
To amend Code Section 20-2-161 of the Official Code of Georgia Annotated, relating to the Quality Basic Education Formula, so as to change program weights for funding purposes; 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 the revision of certain provisions regarding education flexibility; to provide for the development of rules and regulations by the State Board of Education for specified information, including budget and expenditure information and site average class size by grade, to be provided by local boards of education to school councils and the general public; to change certain provisions relating to expenditure controls for the 2005-2006 school year; to change certain provisions regarding program weights; to amend Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to the education coordinating council, so as to change certain provisions relating to the duties of the office of student achievement; to change certain provisions relating to indicators of quality of learning in individual schools; to change certain provisions relating to school report cards; to change certain provisions relating to appropriate levels of intervention for failing schools; to change certain provisions relating to the Education Information Steering Committee; to amend Code Section 40-5-22, relating to persons not to be issued a drivers license, school attendance requirements, and driving training requirements, so as to provide for an additional exception to the school attendance requirements to obtain a drivers license for a minor pursuing a general educational development diploma; to change certain provisions relating to suspension of drivers licenses of minors; 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 20-2-161 of the Official Code of Georgia Annotated, relating to the Quality Basic Education Formula, by striking subsection (b) in its entirety and inserting in lieu thereof the following:
"(b) As the cost of instructional programs varies depending upon the teacher-student ratios and specific services typically required to address the special needs of students

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enrolled, state authorized instructional programs shall have the following program weights and teacher-student ratios:
(1) Kindergarten program ............................................................................ 1.6226 1.6417 weight and 1 to 15 ratio
(2) Kindergarten early intervention program............................................... 1.9952 2.0240 weight and 1 to 11 ratio
(3) Primary grades program (1-3) ................................................................ 1.2686 1.2773 weight and 1 to 17 ratio
(4) Primary grades early intervention program (1-3)................................... 1.7617 1.7832 weight and 1 to 11 ratio
(5) Upper elementary grades program (4-5) ............................................... 1.0258 1.0289 weight and 1 to 23 ratio
(6) Upper elementary grades early intervention program (4-5)................... 1.7549 1.7768 weight and 1 to 11 ratio
(7) Middle grades program (6-8) ................................................................. 1.0102 1.0134

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3327

weight and 1 to 23 ratio

(8) Middle school program (6-8) as defined in Code Section 20-2-290...... 1.1104 1.1162 weight and 1 to 20 ratio

(9) High school general education program (9-12) .................................... 1.0000 weight and 1 to 23 ratio

(10) Vocational laboratory program (9-12) ................................................. 1.2010 1.1916 weight and 1 to 20 ratio

(11) Program for persons with disabilities:..................................................

Category I

2.3409

2.3698

weight

and

1 to 8

ratio

(12) Program for persons with disabilities:..................................................

Category II

2.7330

2.7761

weight

and

1 to 6.5

ratio

(13) Program for persons with disabilities:..................................................

Category III

3.4778

3.5340

weight

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and 1 to 5 ratio

(14) Program for persons with disabilities:..................................................

Category IV

5.6253

5.7267

weight

and

1 to 3

ratio

(15) Program for persons with disabilities:..................................................

Category V

2.4233

2.4415

weight

and

1 to 8

ratio

(16) Program for intellectually gifted students: ...........................................

Category VI

1.6340

1.6516

weight

and

1 to 12

ratio

(17) Remedial education program .............................................................. 1.2917 1.3028 weight and 1 to 15 ratio

(18) Alternative education program ............................................................ 1.5683 1.5866 weight and 1 to 15 ratio

(19) English for speakers of other languages (ESOL) program ................. 2.4521 2.4937 weight

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and 1 to 7 ratio"
SECTION 2. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended in Code Section 20-2-167, relating to funding for direct instructional, media center, and staff development costs, by adding a new subsection to the end of such Code section to read as follows:
"(e) No later than October 1, 2005 the State Board of Education shall develop rules and regulations requiring that each local board of education provide information as specified by the state board and which is not specifically made confidential by law, including school site budget and expenditure information and site average class size by grade, to members of the school council and the general public."
SECTION 3. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking Code Section 20-2-167.1, relating to the application of Code Section 20-2-167 for the 2003-2004 and 2004-2005 school year, and inserting in lieu thereof the following:
"20-2-167.1. (a) For the purposes of the 2003-2004, and 2004-2005, and 2005-2006 school years only, the following changes to Code Section 20-2-167 shall apply:
(1) Except as otherwise provided in paragraph (2) of this subsection, for each program identified in Code Section 20-2-161, each local school system shall spend 100 percent of funds designated for direct instructional costs on the direct instructional costs of such program on one or more of the programs identified in Code Section 20-2-161 at the system level, with no requirement that the school system spend any specific portion of such funds at the site where such funds were earned; (2) Direct instruction funds for the kindergarten early intervention program, the primary grades early intervention program, the upper elementary grades early intervention program, the remedial education program, and the alternative education program shall be expended on one or more of these programs at the system level, with no requirement that the school system spend any specific portion of such funds at the site where such funds were earned; (3) Each local school system shall spend 100 percent of the funds designated for media center costs for such costs at the system level, and 100 percent of the funds designated for media materials at the system level; (4) During the 2003-2004 school year, funds allocated for staff development may be spent for any program approved under the 'Quality Basic Education Act.' During the 2004-2005 and 2005-2006 school year years, each school system shall spend 90 percent of funds allocated for professional development for such costs at the system level; and

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(5) Each local school system shall report to the Department of Education its budgets and expenditures in accordance with this Code section with expenditures based in the preceding school year for each school site as a part of its report in October for the FTE count and on March 15. (b) Except as otherwise provided by subsection (a) of this Code section, Code Section 20-2-167 shall apply during the 2003-2004, and 2004-2005, and 2005-2006 school years. (c) No penalty shall apply for failure to comply with expenditure controls set out in Code Section 20-2-167 that are contrary to this Code section, notwithstanding any law to the contrary, as long as the local school system complies with this Code section. (d) Nothing in this Code section shall be construed to repeal any other provision of Code Section 20-2-167 or this chapter, or to apply to any time period other than the two three fiscal years beginning July 1, 2003, and ending June 30, 2005 2006. (e) This Code section shall be automatically repealed July 1, 2005 2006."
SECTION 4. Said chapter is further amended by striking subsections (i) and (k) of Code Section 20-2182, relating to program weights, and inserting in lieu thereof the following:
"(i) The State Board of Education shall adopt for each instructional program authorized pursuant to Part 3 of this article and the middle school program provided for in Code Section 20-2-290 the maximum number of students which may be taught by a teacher in an instructional period. Such maximum class sizes shall be equal to or greater than the teacher-student ratios used in the calculation of the program weights as set forth in subsection (b) of Code Section 20-2-161 but shall not exceed the funding class size by more than 20 percent, unless specifically authorized by the State Board of Education; provided, however, that in no case shall the 20 percent maximum be exceeded for mathematics, science, social studies, or English classes; provided, further, that the The State Board of Education shall provide for a system average maximum class size that shall not exceed the funding class size by more than 20 percent for mathematics, science, social studies, or language arts classes, unless specifically authorized by the State Board of Education. The system average maximum class size for kindergarten and grades one through three shall not exceed 20 percent over the funding ratio except for art, music, or physical education classes; provided, further, that the system average maximum class size for special education, gifted, and English for speakers of other languages classes shall be set by the State Board of Education. For each instructional program, the maximum number of students who may be taught by a teacher in an instructional period shall not exceed the system average maximum class size for the program by more than two students; provided, however, that a system average maximum class size which results in a fractional full-time equivalent shall be rounded up to the nearest whole number. For a period not to exceed four seven years, beginning with the 2000-2001 school year, local school systems shall be allowed to exceed the maximum class sizes set forth in this subsection in a manner consistent with State Board of Education rules and subsection (k) of this Code section. The State Board of

TUESDAY, MARCH 29, 2005

3331

Education shall lower the current maximum class sizes set by state board rules in effect for the 1999-2000 school year, beginning with the 2000-2001 school year, by a proportional amount each school year an amount so that, beginning with the 2003-2004 2007-2008 school year, State Board of Education rules are in compliance with this subsection except as otherwise provided in subsection (k) of this Code section for the 2003-2004 and 2004-2005 school years only. An aide may be used in programs to increase class size as allowed by State Board of Education rule and subsection (k) of this Code section, except that beginning with the 2007-2008 school year, an aide shall not be used to increase the maximum class size in kindergarten or grades one through three, except as otherwise provided in subsection (k) of this Code section for the 20032004 and 2004-2005 school years only. The maximum class size for the kindergarten and primary grades programs is defined as the number of students in a physical classroom. Maximum class sizes that result in a fractional full-time equivalent shall be rounded up to the nearest whole number as needed. The middle school program shall use the teacher-student ratio of the middle grades program for the purpose of this subsection. The number of students taught by a teacher at any time after the first 15 school days of a school year may not exceed the maximum such number unless authorization for a specific larger number is requested of the state board, along with the educational justification for granting the requested exemption, and the state board has approved said request. The state board shall not reduce class sizes without the authorization of the General Assembly if this reduction necessitates added costs for facilities, personnel, and other program needs. Local boards of education may reduce class sizes, build additional facilities, and provide other resources at local cost if such actions are in the best interest of the local school systems programs as determined by the local boards of education." "(k) For the 2003-2004, and 2004-2005, 2005-2006, and 2006-2007 school years, the maximum class sizes set by the State Board of Education for the 2002-2003 school year shall apply for grades four through 12. For the 2003-2004, and 2004-2005, 2005-2006, and 2006-2007 school years, the maximum class sizes set by the State Board of Education for the 2003-2004 school year shall apply to kindergarten and grades one through three, except that a kindergarten class may be increased to 20 students if a paraprofessional is present in addition to the certificated teacher. For the 2003-2004 and 2004-2005 school years, compliance with maximum class size requirements shall be determined by the system average for kindergarten and for each grade and no class shall exceed the applicable maximum size by more than two students. Except as otherwise provided in this subsection, other provisions of this Code section shall apply. This subsection shall not be construed to repeal any other provision of this Code section or this chapter, or to apply to any period of time other than the twofour fiscal years beginning July 1, 2003, and ending June 30, 20052007. This subsection shall be automatically repealed July 1, 20052007."
SECTION 4A.

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Said chapter is further amended by striking Code Section 20-2-320, relating to the Education Information Steering Committee, identification of data to implement Quality Basic Education Program; State Data and Resource Center, and the state-wide comprehensive educational information network, and inserting in lieu thereof the following:
"20-2-320. (a) The Governor shall appoint a steering committee, which shall be named the Education Information Steering Committee, composed of representatives from the Department of Education, the Department of Technical and Adult Education, the Board of Regents of the University System of Georgia, the office of the Governor, the Office of Planning and Budget, the Department of Audits and Accounts, the Georgia Technology Authority, the Department of Early Care and Learning, the Professional Standards Commission, the Office of Student Achievement, the State Data and Research Center at the Georgia Institute of Technology, the Georgia Public Telecommunications Commission, the Legislative Budget Office, and local school systems. The steering committee shall identify the data required to implement the Quality Basic Education Program on a fiscally sound basis and the data required to evaluate the effectiveness of the components of public education in Georgia. The steering committee shall identify data that shall be required from local units of administration, public libraries, public colleges and universities through the Board of Regents of the University System of Georgia, pre-kindergarten programs, the Professional Standards Commission, and postsecondary technical colleges and schools for the implementation of this article. Further, the steering committee shall develop a design for a state-wide comprehensive educational information system which will provide for the accurate, seamless, and timely flow of information from local and regional education agencies, units of the University System of Georgia, and technical schools and colleges to the state. The design shall include hardware, software, data, collection methods and times, training, maintenance, communications, security of data, and installation specifications and any other relevant specifications needed for the successful implementation of this system. The state-wide comprehensive educational information system shall not use a students social security number or an employees social security number in violation of state or federal law to identify a student or employee. The steering committee shall present such recommendations to the Education Coordinating Council. Upon approval of the boards of the respective education agencies, the steering committee such boards shall issue appropriate requests for proposals to implement a state-wide comprehensive educational information system, subject to appropriation by the General Assembly. The State Data and Research Center, boards of the respective education agencies, at the direction of the Education Coordinating Council and working through the steering committee, shall initiate contracts with appropriate vendors and local units of administration for the procurement of services, purchase of hardware and software, and for any other purpose as directed by the Education Coordinating Council, consistent with appropriation by the General Assembly.

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(b) The State Board of Education, the Board of Technical and Adult Education, the Board of Regents of the University System of Georgia, and the Department of Early Care and Learning shall require an individual student record for each student enrolled which at a minimum includes the data specifications recommended by the steering committee and approved by the Education Coordinating Council. The Professional Standards Commission shall maintain an individual data record for each certificated person employed in a public school. (c) For the purpose of this article, authorized educational agencies shall be the Department of Education; the Department of Early Care and Learning; the Board of Regents of the University System of Georgia; the Department of Technical and Adult Education; the Education Coordinating Council; the Professional Standards Commission; the State Data and Research Center and units under contract to the State Data and Research Center; the Office of Student Achievement; the education policy and research components of the office of the Governor; the Office of Planning and Budget; the Legislative Budget Office; the House Research Office; and the Senate Research Office. Any information collected over the state-wide comprehensive educational information system, including individual student records and individual personnel records, shall be accessible by authorized educational agencies, provided that any information which is planned for collection over the system but which is temporarily being collected by other means shall also be accessible by authorized educational agencies and provided, further, that adequate security provisions are employed to protect the privacy of individuals. All data maintained for this system shall be used for educational purposes only. In no case shall information be released by an authorized educational agency which would violate the privacy rights of any individual student or employee. Information released by an authorized educational agency in violation of the privacy rights of any individual student or employee shall subject the authorized educational agency to all penalties under applicable state and federal law. Any information collected over the state-wide comprehensive educational information system which is not stored in an individual student or personnel record format shall be made available to the Governor and the House and Senate Appropriations, Education, and Higher Education committees, except information otherwise prohibited by statute. Data which are included in an individual student record or individual personnel record format shall be extracted from such records and made available in nonindividual record format for use by the Governor, committees of the General Assembly, and agencies other than authorized educational agencies. (d) The State Data and Research Center through the Board of Regents of the University System of Georgia Department of Education shall request sufficient funds annually for the development, operation, training of appropriate personnel, and maintenance and enhancements of the system. The State Data and Research Center shall submit quarterly reports to the Education Coordinating Council that include budgetary data reflecting expenditures related to the state-wide comprehensive educational information system. (e) The In a phased approach, the state-wide comprehensive educational information system shall be fully completed by July 1, 2003, subject to appropriation by the General

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Assembly for this purpose; provided, however, that the steering committee shall have the authority to specify components which, in its judgment, cannot be completed until July 1, 2004. During the phased implementation of the system, highest priority shall be given to the electronic transmission of complete full-time equivalent counts, the uniform budgeting and accounting system, and complete salary data for each local school system. All pre-kindergarten programs, local units of administration for grades kindergarten through 12, technical schools and colleges, public libraries, public colleges and universities, and regional educational service agencies shall provide data to the State Data and Research Center as required by their respective boards and agencies. Notwithstanding any provision of this Code section to the contrary, no local school system shall earn funds under Code Section 20-2-186 for superintendents, assistant superintendents, or principals if the local unit of administration fails to comply with the provisions of this Code section. (f) Notwithstanding any other provision of law, the State Data and Research Center Department of Education is authorized to and shall obtain and provide to the Department of Public Safety, in a form to be agreed upon between the State Data and Research Center Department of Education and the Department of Public Safety, enrollment, attendance, and suspension information regarding minors 15 through 17 years of age reported pursuant to Code Sections 20-2-690 and 20-2-697, to be used solely for the purposes set forth in subsection (a.1) of Code Section 40-5-22."
SECTION 4B. Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to the education coordinating council, is amended by striking subsection (a) of Code Section 20-14-26, relating to duties of the office of student achievement, and inserting in lieu thereof the following:
"(a) The office shall have the following duties: (1) To create, with the approval of the State Board of Education, a performancebased a single state-wide accountability system, establish indicators of performance, rate schools and school systems, develop annual report cards for elementary, middle, and secondary schools, and formulate a system of school rewards awards and interventions. The State Board of Education shall approve no later than December 31, 2004, a single state-wide accountability system for local schools and school systems that incorporates federal law, rules, and regulations relating to accountability; (2) To audit and inspect or cause to be audited or inspected for the purpose of verification, research, analysis, reporting, or for other purposes related to the performance of its powers and duties as provided in this article and for the purposes of auditing pre-kindergarten, elementary, middle grades, and secondary education, postsecondary education, and education work force programs and schools, local school systems, institutes, colleges, universities, regional educational service agencies, and other public education programs and entities as defined by the council; (3) To assist the council in the development of a state-wide education student information system;

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(4)(3) To serve as staff to the council; and (5)(4) To exercise the powers and discharge duties of the council, as set forth in Code Section 20-14-8, under the supervision and oversight of the council."
SECTION 4C. Said chapter is further amended by striking subsections (a), (d), and (h) of Code Section 20-14-33, relating to indicators of quality of learning in individual schools, and inserting in their respective places the following:
"(a) The office shall adopt and biennially review, and revise as necessary, indicators of the quality of learning by students in an individual school and school system." "(d) The office shall establish individual school and school system ratings for each public school and school system in this state for annual academic performance on the assessment instruments required under Code Section 20-2-281." "(h) The office shall annually review the performance of each school and school system on the indicators in subsection (b) of this Code section and determine whether a change in the school or school system rating status of the school or school system is warranted."
SECTION 4D. Said chapter is further amended by striking subsections (b) and (d) of Code Section 2014-34, relating to school report cards, and inserting in their respective places the following:
"(b) The report card shall include the following information, where applicable: (1) The individual school and school system ratings as provided for in subsection (d) of Code Section 20-14-33; (2) The academic excellence indicators in subsection (b) of Code Section 20-14-33; (3) Teacher-student ratios; and (4) Administrative and instructional costs per student and other financial accounting information as may be required."
"(d) The State Board of Education shall adopt rules requiring dissemination of appropriate student performance and school completion performance portions of school report cards annually to the parent, guardian, conservator, or other person having lawful control of each student at the school. On written request, the local school system shall provide a copy of a school report card to any other party. These reports shall be posted on the Office of Student Achievement website, the Department of Education website, and the existing website of such local school system."
SECTION 4E. Said chapter is further amended by striking subparagraph (D) of paragraph (6) of subsection (a) of Code Section 20-14-41, relating to appropriate levels of intervention for failing schools, and inserting in lieu thereof the following:
"(D) Mandate that the parents have the option to relocate the student to other public schools in the local school system to be chosen by the parents of the student with

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transportation costs borne by the system from a list of available options provided by the local school system. The local school system shall provide transportation for students in Title I schools in accordance with the requirements of federal law. The local school system may provide transportation for students in non-Title I schools. In any year in which the General Assembly does not appropriate funds for the provision of transportation to non-Title I students, the parent or guardian shall assume responsibility for the transportation of that student;"
SECTION 5. Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons not to be issued a drivers license, school attendance requirements, and driving training requirements, is amended by striking subsection (a.1) and inserting in lieu thereof the following:
"(a.1)(1) The department shall not issue an instruction permit or drivers license to a person who is younger than 18 years of age unless at the time such minor submits an application for an instruction permit or drivers license the applicant presents acceptable proof that he or she has received a high school diploma, a general educational development (GED) diploma, a special diploma, or a certificate of high school completion, or has terminated his or her secondary education and is enrolled in a postsecondary school, is pursuing a general educational development (GED) diploma, or the records of the department indicate that said applicant:
(A) Is enrolled in and not under suspension expulsion from a public or private school and has satisfied relevant attendance requirements as set forth in paragraph (2) of this subsection for a period of one academic year prior to application for an instruction permit or drivers license; or (B) Is enrolled in a home education program that satisfies the reporting requirements of all state laws governing such courses program. The department shall notify such minor of his or her ineligibility for an instruction permit or drivers license at the time of such application. (2) The department shall forthwith notify by certified mail or statutory overnight delivery, return receipt requested, any minor issued an instruction permit or drivers license in accordance with this subsection other than a minor who has terminated his or her secondary education and is enrolled in a postsecondary school or who is pursuing a general education development (GED) diploma that such minors instruction permit or drivers license is suspended subject to review as provided for in this subsection if the department receives notice pursuant to Code Section 20-2-701 that indicates that such minor: (A) Has dropped out of school without graduating and has remained out of school for ten consecutive school days; (B) Has more than ten or more school days of unexcused absences in any semester or combination of two consecutive quarters the current academic year or ten or more school days of unexcused absences in the previous academic year; or

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(C) Has been suspended from school for found in violation by a hearing officer, panel, or tribunal of one of the following offenses, has received a change in placement for committing one of the following offenses, or has waived his or her right to a hearing and pleaded guilty to one of the following offenses:
(i) Threatening, striking, or causing bodily harm to a teacher or other school personnel; (ii) Possession or sale of drugs or alcohol on school property or at a school sponsored event; (iii) Possession or use of a weapon on school property or at a school sponsored event. For purposes of this subparagraph, the term 'weapon' shall be defined in accordance with Code Section 16-11-127.1 but shall not include any part of an archeological or cultural exhibit brought to school in connection with a school project; (iv) Any sexual offense prohibited under Chapter 6 of Title 16; or (v) Causing substantial physical or visible bodily harm to or seriously disfiguring another person, including another student. Notice given by certified mail or statutory overnight delivery with return receipt requested mailed to the persons last known address shall be prima-facie evidence that such person received the required notice. Such notice shall include instructions to the minor to return immediately the instruction permit or drivers license to the department and information summarizing the minors right to request an exemption from the provisions of this subsection. The minor so notified may request in writing a hearing within ten business days from the date of receipt of notice. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' After such hearing, the department shall sustain its order of suspension or rescind such order. The department shall be authorized to grant an exemption from the provisions of this subsection to a minor, upon such minors petition, if there is clear and convincing evidence that the enforcement of the provisions of this subsection upon such minor would create an undue hardship upon the minor or the minors family or if there is clear and convincing evidence that the enforcement of the provisions of this subsection would act as a detriment to the health or welfare of the minor. Appeal from such hearing shall be in accordance with said chapter. If no hearing is requested within the ten business days specified above, the right to a hearing shall have been waived and the instruction permit or drivers license of the minor shall remain suspended. The suspension provided for in this paragraph shall be for a period of one year or shall end upon the date of such minors eighteenth birthday, whichever comes first. (3) The State Board of Education and the commissioner of motor vehicle safety are authorized to promulgate rules and regulations to implement the provisions of this subsection. (4) The Department of Technical and Adult Education shall be responsible for compliance and noncompliance data for students pursuing a general education

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development (GED) diploma."
SECTION 6. This Act shall become effective on July 1, 2005.
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 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 change program weights for funding purposes; to provide for the revision of certain provisions regarding education flexibility; to provide for the development of rules and regulations by the State Board of Education for specified information, including budget and expenditure information and site average class size by grade, to be provided by local boards of education to school councils and the general public; to change certain provisions relating to expenditure controls for the 20052006 school year; to change certain provisions regarding program weights; to revise legislative intent relative to charter schools; to add and revise definitions; to provide for charter petitions from a group of two or more local schools or local school systems; to repeal Code Section 20-2-2063.1, relating to exemption of charter schools from statutory and regulatory requirements; 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 change certain provisions relating to admission, enrollment, and withdrawal of students; to change certain provisions relating to the term and length of a charter; to change the provisions relating to the annual required report on the progress of the school; to revise and clarify certain provisions relating to funding for charter schools; to change certain provisions relating to purposes for which facilities funds may be used and upkeep of charter school property; to change certain provisions relating to the annual report to the General Assembly; to amend Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to the education coordinating council, so as to change certain provisions relating to the duties of the office of student achievement; to change certain provisions relating to indicators of quality of learning in individual schools; to change certain provisions relating to school report cards; to change certain provisions relating to appropriate levels of intervention for failing schools; to change certain provisions relating to the Education Information Steering Committee; to amend Code Section 40-5-22, relating to persons not to be issued a drivers license, school attendance requirements, and driving training requirements, so as to provide for an additional exception to the school attendance requirements to obtain a drivers license for a minor pursuing a general educational development diploma; to change certain provisions relating to suspension of drivers licenses of minors; to provide

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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 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended in Code Section 20-2-161, relating to the Quality Basic Education Formula, by striking subsection (b) in its entirety and inserting in lieu thereof the following:
"(b) As the cost of instructional programs varies depending upon the teacher-student ratios and specific services typically required to address the special needs of students enrolled, state authorized instructional programs shall have the following program weights and teacher-student ratios:
(1) Kindergarten program ............................................................................ 1.6226 1.6422 weight and 1 to 15 ratio
(2) Kindergarten early intervention program............................................... 1.9952 2.0248 weight and 1 to 11 ratio
(3) Primary grades program (1-3) ................................................................ 1.2686 1.2775 weight and 1 to 17 ratio
(4) Primary grades early intervention program (1-3)................................... 1.7617 1.7838 weight and 1 to 11 ratio
(5) Upper elementary grades program (4-5) ............................................... 1.0258 1.0290

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weight and 1 to 23 ratio

(6) Upper elementary grades early intervention program (4-5)................... 1.7549 1.7774 weight and 1 to 11 ratio

(7) Middle grades program (6-8) ................................................................. 1.0102 1.0134 weight and 1 to 23 ratio

(8) Middle school program (6-8) as defined in Code Section 20-2-290...... 1.1104 1.1164 weight and 1 to 20 ratio

(9) High school general education program (9-12) .................................... 1.0000 weight and 1 to 23 ratio

(10) Vocational laboratory program (9-12) ................................................. 1.2010 1.1914 weight and 1 to 20 ratio

(11) Program for persons with disabilities:.................................................. 2.3409

Category I

2.3706

weight

and

1 to 8

ratio

(12) Program for persons with disabilities:.................................................. 2.7330

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Category II

2.7773 weight and 1 to 6.5 ratio

(13) Program for persons with disabilities:.................................................. 3.4778

Category III

3.5356

weight

and

1 to 5

ratio

(14) Program for persons with disabilities:.................................................. 5.6253

Category IV

5.7294

weight

and

1 to 3

ratio

(15) Program for persons with disabilities:.................................................. 2.4233

Category V

2.4421

weight

and

1 to 8

ratio

(16) Program for intellectually gifted students: ........................................... 1.6340

Category VI

1.6521

weight

and

1 to 12

ratio

(17) Remedial education program .............................................................. 1.2917 1.3031 weight and 1 to 15 ratio

(18) Alternative education program ............................................................ 1.5683 1.5871 weight and

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1 to 15 ratio
(19) English for speakers of other languages (ESOL) program ................. 2.4521 2.4948 weight and 1 to 7 ratio"
SECTION 2. Said chapter is further amended in Code Section 20-2-167, relating to funding for direct instructional, media center, and staff development costs, by adding a new subsection to the end of such Code section to read as follows:
"(e) No later than October 1, 2005 the State Board of Education shall develop rules and regulations requiring that each local board of education provide information as specified by the state board and which is not specifically made confidential by law, including school site budget and expenditure information and site average class size by grade, to members of the school council and the general public."
SECTION 3. Said chapter is further amended by striking Code Section 20-2-167.1, relating to the application of Code Section 20-2-167 for the 2003-2004 and 2004-2005 school year, and inserting in lieu thereof the following:
"20-2-167.1. (a) For the purposes of the 2003-2004, and 2004-2005, and 2005-2006 school years only, the following changes to Code Section 20-2-167 shall apply:
(1) Except as otherwise provided in paragraph (2) of this subsection, for each program identified in Code Section 20-2-161, each local school system shall spend 100 percent of funds designated for direct instructional costs on the direct instructional costs of such program on one or more of the programs identified in Code Section 20-2-161 at the system level, with no requirement that the school system spend any specific portion of such funds at the site where such funds were earned; (2) Direct instruction funds for the kindergarten early intervention program, the primary grades early intervention program, the upper elementary grades early intervention program, the remedial education program, and the alternative education program shall be expended on one or more of these programs at the system level, with no requirement that the school system spend any specific portion of such funds at the site where such funds were earned; (3) Each local school system shall spend 100 percent of the funds designated for media center costs for such costs at the system level, and 100 percent of the funds designated for media materials at the system level;

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(4) During the 2003-2004 school year, funds allocated for staff development may be spent for any program approved under the 'Quality Basic Education Act.' During the 2004-2005 and 2005-2006 school year years, each school system shall spend 90 percent of funds allocated for professional development for such costs at the system level; and (5) Each local school system shall report to the Department of Education its budgets and expenditures in accordance with this Code section with expenditures based in the preceding school year for each school site as a part of its report in October for the FTE count and on March 15. (b) Except as otherwise provided by subsection (a) of this Code section, Code Section 20-2-167 shall apply during the 2003-2004, and 2004-2005, and 2005-2006 school years. (c) No penalty shall apply for failure to comply with expenditure controls set out in Code Section 20-2-167 that are contrary to this Code section, notwithstanding any law to the contrary, as long as the local school system complies with this Code section. (d) Nothing in this Code section shall be construed to repeal any other provision of Code Section 20-2-167 or this chapter, or to apply to any time period other than the two three fiscal years beginning July 1, 2003, and ending June 30, 2005 2006. (e) This Code section shall be automatically repealed July 1, 2005 2006."
SECTION 4. Said chapter is further amended by striking subsections (i) and (k) of Code Section 20-2182, relating to program weights, and inserting in lieu thereof the following:
"(i) The State Board of Education shall adopt for each instructional program authorized pursuant to Part 3 of this article and the middle school program provided for in Code Section 20-2-290 the maximum number of students which may be taught by a teacher in an instructional period. Such maximum class sizes shall be equal to or greater than the teacher-student ratios used in the calculation of the program weights as set forth in subsection (b) of Code Section 20-2-161 but shall not exceed the funding class size by more than 20 percent, unless specifically authorized by the State Board of Education; provided, however, that in no case shall the 20 percent maximum be exceeded for mathematics, science, social studies, or English classes; provided, further, that the The State Board of Education shall provide for a system average maximum class size that shall not exceed the funding class size by more than 20 percent for mathematics, science, social studies, or language arts classes, unless specifically authorized by the State Board of Education. The system average maximum class size for kindergarten and grades one through three shall not exceed 20 percent over the funding ratio except for art, music, or physical education classes; provided, further, that the system average maximum class size for special education, gifted, and English for speakers of other languages classes shall be set by the State Board of Education. For each instructional program, the maximum number of students who may be taught by a teacher in an instructional period shall not exceed the system average maximum class size for the program by more than two students; provided, however, that a system average

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maximum class size which results in a fractional full-time equivalent shall be rounded up to the nearest whole number. For a period not to exceed four seven years, beginning with the 2000-2001 school year, local school systems shall be allowed to exceed the maximum class sizes set forth in this subsection in a manner consistent with State Board of Education rules and subsection (k) of this Code section. The State Board of Education shall lower the current maximum class sizes set by state board rules in effect for the 1999-2000 school year, beginning with the 2000-2001 school year, by a proportional amount each school year an amount so that, beginning with the 2003-2004 2007-2008 school year, State Board of Education rules are in compliance with this subsection except as otherwise provided in subsection (k) of this Code section for the 2003-2004 and 2004-2005 school years only. An aide may be used in programs to increase class size as allowed by State Board of Education rule and subsection (k) of this Code section, except that beginning with the 2007-2008 school year, an aide shall not be used to increase the maximum class size in kindergarten or grades one through three, except as otherwise provided in subsection (k) of this Code section for the 20032004 and 2004-2005 school years only. The maximum class size for the kindergarten and primary grades programs is defined as the number of students in a physical classroom. Maximum class sizes that result in a fractional full-time equivalent shall be rounded up to the nearest whole number as needed. The middle school program shall use the teacher-student ratio of the middle grades program for the purpose of this subsection. The number of students taught by a teacher at any time after the first 15 school days of a school year may not exceed the maximum such number unless authorization for a specific larger number is requested of the state board, along with the educational justification for granting the requested exemption, and the state board has approved said request. The state board shall not reduce class sizes without the authorization of the General Assembly if this reduction necessitates added costs for facilities, personnel, and other program needs. Local boards of education may reduce class sizes, build additional facilities, and provide other resources at local cost if such actions are in the best interest of the local school systems programs as determined by the local boards of education." "(k) For the 2003-2004, and 2004-2005, 2005-2006, and 2006-2007 school years, the maximum class sizes set by the State Board of Education for the 2002-2003 school year shall apply for grades four through 12. For the 2003-2004, and 2004-2005, 2005-2006, and 2006-2007 school years, the maximum class sizes set by the State Board of Education for the 2003-2004 school year shall apply to kindergarten and grades one through three, except that a kindergarten class may be increased to 20 students if a paraprofessional is present in addition to the certificated teacher. For the 2003-2004 and 2004-2005 school years, compliance with maximum class size requirements shall be determined by the system average for kindergarten and for each grade and no class shall exceed the applicable maximum size by more than two students. Except as otherwise provided in this subsection, other provisions of this Code section shall apply. This subsection shall not be construed to repeal any other provision of this Code section or this chapter, or to apply to any period of time other than the twofour fiscal years

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beginning July 1, 2003, and ending June 30, 20052007. This subsection shall be automatically repealed July 1, 20052007."
SECTION 5. Said chapter is further amended by striking Code Section 20-2-320, relating to the Education Information Steering Committee, identification of data to implement Quality Basic Education Program; State Data and Resource Center, and the state-wide comprehensive educational information network, and inserting in lieu thereof the following:
"20-2-320. (a) The Governor shall appoint a steering committee, which shall be named the Education Information Steering Committee, composed of representatives from the Department of Education, the Department of Technical and Adult Education, the Board of Regents of the University System of Georgia, the office of the Governor, the Office of Planning and Budget, the Department of Audits and Accounts, the Georgia Technology Authority, the Department of Early Care and Learning, the Professional Standards Commission, the Office of Student Achievement, the State Data and Research Center at the Georgia Institute of Technology, the Georgia Public Telecommunications Commission, the Legislative Budget Office, and local school systems. The steering committee shall identify the data required to implement the Quality Basic Education Program on a fiscally sound basis and the data required to evaluate the effectiveness of the components of public education in Georgia. The steering committee shall identify data that shall be required from local units of administration, public libraries, public colleges and universities through the Board of Regents of the University System of Georgia, pre-kindergarten programs, the Professional Standards Commission, and postsecondary technical colleges and schools for the implementation of this article. Further, the steering committee shall develop a design for a state-wide comprehensive educational information system which will provide for the accurate, seamless, and timely flow of information from local and regional education agencies, units of the University System of Georgia, and technical schools and colleges to the state. The design shall include hardware, software, data, collection methods and times, training, maintenance, communications, security of data, and installation specifications and any other relevant specifications needed for the successful implementation of this system. The state-wide comprehensive educational information system shall not use a students social security number or an employees social security number in violation of state or federal law to identify a student or employee. The steering committee shall present such recommendations to the Education Coordinating Council. Upon approval of the boards of the respective education agencies, the steering committee such boards shall issue appropriate requests for proposals to implement a state-wide comprehensive educational information system, subject to appropriation by the General Assembly. The State Data and Research Center, boards of the respective education agencies, at the direction of the Education Coordinating Council and working through the steering committee, shall initiate

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contracts with appropriate vendors and local units of administration for the procurement of services, purchase of hardware and software, and for any other purpose as directed by the Education Coordinating Council, consistent with appropriation by the General Assembly. (b) The State Board of Education, the Board of Technical and Adult Education, the Board of Regents of the University System of Georgia, and the Department of Early Care and Learning shall require an individual student record for each student enrolled which at a minimum includes the data specifications recommended by the steering committee and approved by the Education Coordinating Council. The Professional Standards Commission shall maintain an individual data record for each certificated person employed in a public school. (c) For the purpose of this article, authorized educational agencies shall be the Department of Education; the Department of Early Care and Learning; the Board of Regents of the University System of Georgia; the Department of Technical and Adult Education; the Education Coordinating Council; the Professional Standards Commission; the State Data and Research Center and units under contract to the State Data and Research Center; the Office of Student Achievement; the education policy and research components of the office of the Governor; the Office of Planning and Budget; the Legislative Budget Office; the House Research Office; and the Senate Research Office. Any information collected over the state-wide comprehensive educational information system, including individual student records and individual personnel records, shall be accessible by authorized educational agencies, provided that any information which is planned for collection over the system but which is temporarily being collected by other means shall also be accessible by authorized educational agencies and provided, further, that adequate security provisions are employed to protect the privacy of individuals. All data maintained for this system shall be used for educational purposes only. In no case shall information be released by an authorized educational agency which would violate the privacy rights of any individual student or employee. Information released by an authorized educational agency in violation of the privacy rights of any individual student or employee shall subject the authorized educational agency to all penalties under applicable state and federal law. Any information collected over the state-wide comprehensive educational information system which is not stored in an individual student or personnel record format shall be made available to the Governor and the House and Senate Appropriations, Education, and Higher Education committees, except information otherwise prohibited by statute. Data which are included in an individual student record or individual personnel record format shall be extracted from such records and made available in nonindividual record format for use by the Governor, committees of the General Assembly, and agencies other than authorized educational agencies. (d) The State Data and Research Center through the Board of Regents of the University System of Georgia Department of Education shall request sufficient funds annually for the development, operation, training of appropriate personnel, and maintenance and enhancements of the system. The State Data and Research Center shall submit quarterly

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reports to the Education Coordinating Council that include budgetary data reflecting expenditures related to the state-wide comprehensive educational information system. (e) The In a phased approach, the state-wide comprehensive educational information system shall be fully completed by July 1, 2003, subject to appropriation by the General Assembly for this purpose; provided, however, that the steering committee shall have the authority to specify components which, in its judgment, cannot be completed until July 1, 2004. During the phased implementation of the system, highest priority shall be given to the electronic transmission of complete full-time equivalent counts, the uniform budgeting and accounting system, and complete salary data for each local school system. All pre-kindergarten programs, local units of administration for grades kindergarten through 12, technical schools and colleges, public libraries, public colleges and universities, and regional educational service agencies shall provide data to the State Data and Research Center as required by their respective boards and agencies. Notwithstanding any provision of this Code section to the contrary, no local school system shall earn funds under Code Section 20-2-186 for superintendents, assistant superintendents, or principals if the local unit of administration fails to comply with the provisions of this Code section. (f) Notwithstanding any other provision of law, the State Data and Research Center Department of Education is authorized to and shall obtain and provide to the Department of Public Safety, in a form to be agreed upon between the State Data and Research Center Department of Education and the Department of Public Safety, enrollment, attendance, and suspension information regarding minors 15 through 17 years of age reported pursuant to Code Sections 20-2-690 and 20-2-697, to be used solely for the purposes set forth in subsection (a.1) of Code Section 40-5-22."
SECTION 6. Said chapter is further amended by striking Code Section 20-2-2061, relating to legislative intent, and inserting in lieu thereof the following:
"20-2-2061. It is the intent of the General Assembly to provide a means whereby a petitioner may seek a performance based contract called a charter, which ties improved performance to the waiver of specifically identified state and local rules, regulations, policies, procedures, and identified provisions of this title other than the provisions of this article. In addition to specifically identified provisions of this title, a charter school shall be exempt from provisions listed in Code Section 20-2-2063.1. It is the intent of the General Assembly to increase student achievement through academic and organizational innovation by encouraging local school systems to utilize the flexibility of a performance based contract called a charter."
SECTION 7. Said chapter is further amended in Code Section 20-2-2062, relating to definitions, by inserting new paragraphs (1.1) and (5.1) to read as follows:

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"(1.1) 'Charter attendance zone' means all or any portion of the local school system in which the charter school is located and may include all or any portion of other local school systems if the charter school is jointly authorized pursuant to subsection (c) of Code Section 20-2-2063." "(5.1) 'High school cluster' means a high school and all of the middle and elementary schools which contain students who matriculate to such high school. The schools in a high school cluster may include charter schools, local schools, or a combination of both."
SECTION 8. Said chapter is further amended in Code Section 20-2-2062, relating to definitions, by striking paragraphs (8), (9), and (10) and inserting in lieu thereof the following:
"(10) (8) 'Local tax revenue' means local taxes budgeted for school purposes in excess of the local five mill share, combined with any applicable equalization grant and budgeted revenues from any of the following: investment earnings, unrestricted donations, and the sale of surplus property; but exclusive of revenue from bonds issued for capital projects, revenue to pay debt service on such bonds, local option sales tax for capital projects, budgeted transportation costs, budgeted central administration costs, and budgeted school food service program costs. Nothing in this paragraph shall be construed to prevent a local board from including a local charter school in projects specified in the ballot language of a local option sales tax or bond referendum. (8) (9) 'Local school' means a public school in Georgia that is under the management and control of a local board. (9) (10) 'Local school system' means the system of public schools established and maintained by a local board within its limits pursuant to Article VIII, Section V, Paragraph I of the Constitution."
SECTION 9. Said chapter is further amended by striking Code Section 20-2-2063, relating to minimum requirements for charter petitions, and inserting in lieu thereof the following:
"20-2-2063. (a) The State Board of Education shall promulgate rules, regulations, policies, and procedures to govern the contents of a charter petition, provided that the following shall be required at a minimum:
(1) The state board shall require that a petition designate the performance to be improved and how it will be improved through the waiver of specifically identified state and local rules, regulations, policies, and procedures, or provisions of this title other than the provisions of this article; (2) The state board shall require that a petition describe how it will measure the improvement in such performance and over what period of time, provided that such requirement shall not waive the accountability provisions of Part 3 of Article 2 of Chapter 14 of this title; and

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(3) The state board shall require that a petition demonstrate how any such waiver does not undermine and is consistent with the intent of the waived state and local rules, regulations, policies, and procedures, or the provisions of this title. (b) The State Board of Education shall establish rules, regulations, policies, and procedures to provide for the receipt of charter petitions from a group of two or more local schools as a single charter petitioner to convert to conversion charter school status. An existing conversion charter school may join as part of a group charter petition, and if such group charter petition is approved, the new charter shall supersede the conversion charter schools previous charter. A group charter petition may be comprised of all the schools in a high school cluster as such term is defined in Code Section 20-2-2062. (c) The State Board of Education shall establish rules, regulations, policies, and procedures to provide for charter petitions from two or more local school systems to jointly authorize a local charter school."
SECTION 10. Said chapter is further amended by repealing in its entirety Code Section 20-2-2063.1, relating to exemption of charter schools from statutory and regulatory requirements.
SECTION 11. Said chapter is further amended by striking Code Section 20-2-2064.1, relating to review of charter by state board and charters for state chartered special schools, and inserting in lieu thereof the following:
"20-2-2064.1. (a) The state board shall approve the charter of a charter petitioner if the petition has been approved by the local board of the local school system in which the proposed charter school will be located and the state board finds that the petition complies with the rules, regulations, policies, and procedures promulgated in accordance with Code Section 20-2-2063 and the provisions of this title and is in the public interest. If the state board denies a petition, it must within 60 days specifically state the reasons for the denial, list all deficiencies with regard to Code Section 20-2-2063, and provide a written statement of the denial to the charter petitioner and to the local board. (b) No application for a state chartered special school may be made to the state board by a petitioner for a conversion charter school that has been denied by a local board. Upon denial of a petition for a start-up charter school by a local board and upon application to the state board by the petitioner, the state board shall approve the charter of a start-up charter petitioner for a state chartered special school if the state board finds that such petition meets the requirements set forth in Code Section 20-2-2063 and the provisions of this title, and is in the public interest."
SECTION 12. Said chapter is further amended by striking Code Section 20-2-2065, relating to operating requirements, control, and management, and inserting in lieu thereof the following:

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

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SECTION 13. Said chapter is further amended in Code Section 20-2-2066, relating to admission, enrollment, and withdrawal of students, by striking paragraph (1) of subsection (a) and inserting in lieu thereof a new paragraph (1) of subsection (a) to read as follows:
"(1)(A) A local start-up charter school shall enroll any student who resides in the school system in which the local charter school is located charter attendance zone as specified in the charter and who submits a timely application as specified in the charter unless the number of applications exceeds the capacity of a program, class, grade level, or building. In such case, all such applicants shall have an equal chance of being admitted through a random selection process unless otherwise prohibited by law; provided, however, that a local start-up charter school shall may give enrollment preference to such students who reside in the attendance zone specified in the charter and may give enrollment preference to a sibling of a resident student currently enrolled in the local charter school; applicants in any one or more of the following categories in the order of priority specified in the charter:
(i) A sibling of a student enrolled in the start-up charter school; (ii) A sibling of a student enrolled in another local school designated in the charter; (iii) A student whose parent or guardian is a member of the governing board of the charter school or is a full-time teacher, professional, or other employee at the charter school; and (iv) Students matriculating from a local school designated in the charter; (B) A conversion charter school shall enroll any student who resides in the attendance zone specified in the charter and who submits a timely application as specified in the charter. If the number of applying students who reside in the attendance zone does not exceed the capacity as specified in the charter, additional students shall be enrolled based on a random selection process; provided however, that enrollment preferences may be given to applicants in any one or more of the following categories in the order of priority specified in the charter: (i) A sibling of a student enrolled in the charter school or in any school in the high school cluster; (ii) Students whose parent or guardian is a member of the governing board of the charter school or is a full-time teacher, professional, or other employee at the charter school; (iii) Students who were enrolled in the local school prior to its becoming a charter school; and (iv) Students who reside in the charter attendance zone specified in the charter; and"
SECTION 14. Said chapter is further amended by striking Code Section 20-2-2067.1, relating to amendment of terms of charter for charter school, initial term of charter, and annual report, and inserting in lieu thereof the following:

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"20-2-2067.1. (a) The terms of a charter for a local charter school may be amended during the term of the charter upon the approval of the local board, the state board, and the charter school. The terms of a charter for a state chartered special school may be amended during the term of the charter upon the approval of the state board and the charter school. (b) The initial term of a charter shall be for a minimum of three five years, unless the petitioner shall request a shorter period of time, and shall not exceed five ten years. The local board and the state board, in accordance with Code Section 20-2-2064.1. may renew a local charter, upon the request of the charter school, for the period of time specified in the request, not to exceed five ten years. The state board may renew a state chartered special school, upon the request of the school, for the period of time specified in the request, not to exceed ten years. For a local charter school, approval of the local board shall also be required to renew a charter. (c) A charter school shall provide an annual report to parents or guardians, the community, and the state board which indicates the progress made by the charter school in the previous year in implementing its charter goals. A local charter school shall also provide an annual report to the local board. A charter school shall submit an annual report outlining the previous years progress to the authorizing local board or state board, as appropriate, to parents and guardians of students enrolled in the school, and to the Department of Education no later than October 1 of each year. The report shall contain, but is not limited to:
(1) An indication of progress towards the goals as included in the charter; (2) Academic data for the previous year, including state academic accountability data, such as standardized test scores and adequate yearly progress data; (3) Unaudited financial statements for the fiscal year ending on June 30, provided that audited statements will be forwarded to the local board and state board upon completion; (4) Updated contact information for the school and the administrator; (5) Proof of current nonprofit status, if applicable; and (6) Any other supplemental information that the charter school chooses to include or that the state board requests that demonstrates its success."
SECTION 15. Said chapter is further amended by striking subsections (a) through (e) of Code Section 20-2-2068.1, relating to application of the Quality Basic Education Formula, grants, local tax revenue, and funds from local bonds, and inserting in lieu thereof the following:
"(a) A local charter school shall be included in the allotment of QBE formula earnings, applicable QBE grants, applicable nonQBE state grants, and applicable federal grants to the local school system in which the local charter school is located under Article 6 of this chapter. The local board and the state board shall treat a conversion charter school no less favorably than other local schools located within the applicable local school system unless otherwise provided by law. The local board and the state board shall treat a start-up charter school no less favorably than other local schools within the

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applicable local system with respect to the provision of funds for instruction and school administration and, where feasible, transportation, food services, and building programs. (b) QBE formula earnings, applicable QBE grants, applicable nonQBE state grants, and applicable federal grants earned by a local charter school shall be distributed to the local charter school by the local board; provided, however, that state equalization grant earnings shall be distributed as provided in subsection (c) of this Code section. QBE formula earnings shall include the salary portion of direct instructional costs, the adjustment for training and experience, the nonsalary portion of direct instructional costs, and earnings for psychologists and school social workers, school administration, facility maintenance and operation, media centers, additional days of instruction in accordance with Code Section 20-2-184.1, and staff development. The local charter school shall report enrolled students in a manner consistent with Code Section 20-2160. (c) In addition to the earnings set out in subsection (b) of this Code section, local tax revenue shall be earned by allocated to a local charter school on the same basis as for any local school in the local school system. and In the case of a start-up charter school, local revenue earnings shall be calculated as follows:
(1) Determine the total amount of state and local five mill share funds earned by students enrolled in the local start-up charter school as calculated by the Quality Basic Education Formula pursuant to Code Section 20-2-160 Part 4 of Article 6 of this chapter including any funds for psychologists and school social workers but excluding any system-wide funds for central administration and pupil transportation and excluding any categorical grants not applicable to the charter school; (2) Determine the total amount of state and local five mill share funds earned by all students in the public schools of the local school system, including any charter schools that receive local tax revenue, as calculated by the Quality Basic Education Formula but excluding categorical grants and other nonQBE formula grants; (3) Divide the amount obtained in paragraph (1) of this subsection by the amount obtained in paragraph (2) of this subsection; and (4) Multiply the quotient obtained in paragraph (3) of this subsection by the school systems local tax revenue. The product obtained in paragraph (4) of this subsection shall be the amount of local funds to be distributed to the local start-up charter school by the local board; provided, however, that nothing in this subsection shall preclude a charter petitioner and a local board of education from specifying in the charter a greater amount of local funds to be provided by the local board to the local start-up charter school if agreed upon by all parties to the charter. Local funds so earned shall be distributed to the local start-up charter school by the local board. Where feasible and where services are provided, funds for transportation, food service programs, and construction projects shall also be distributed to the local start-up charter school as earned. In all other fiscal matters, including applicable federal allotments, the local board shall treat the local start-up charter school no less favorably than other local schools located within the applicable

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school system and shall calculate and distribute the funding for the start-up charter school on the basis of its actual or projected enrollment in the current school year according to an enrollment counting procedure or projection method stipulated in the terms of the charter. (c.1) The adjustments in each program for training and experience used in calculating the start-up charter schools QBE formula earnings shall be calculated in the same manner as for any local school within the local school system; provided, however, that the adjustments in each program for training and experience used in calculating the start-up charter schools QBE formula earnings shall not be less than one-half of the comparable percentages for the local school system in which the charter school is located. (d) QBE formula earnings, applicable QBE grants, applicable nonQBE state grants, and applicable federal grants that are earned by a state chartered special school shall be distributed to the local board of the local school system in which the state chartered special school is located which shall distribute the same amount to the state chartered special school; provided, however, that a state chartered special school shall not be included in the calculation and distribution of the local school systems equalization grant unless the voters of the local school system have approved the use of local tax revenue from local tax levies and funds from local bonded indebtedness to support the state chartered special school in accordance with subsection (e) of this Code section. If such approval has been given, state equalization grant earnings shall be earned for the state chartered special school and shall be distributed as provided in subsection (f) of this Code section. The local board shall not be responsible for the fiscal management, accounting, or oversight of the state chartered special school. The state chartered special school shall report enrolled students in a manner consistent with Code Section 20-2-160. Any data required to be reported by the state chartered special school shall be submitted directly by the school to the appropriate state agency. Where feasible, the state board shall treat a state chartered special school no less favorably than other public schools within the state with respect to the provision of funds for transportation and building programs. (e) The state board may require a local referendum of the qualified voters in the local school system in which the proposed state chartered special school will be located. Such referendum shall be held at the next regularly scheduled general election or as may otherwise be authorized at an earlier date by the local board or boards of education affected. Such referendum shall be held for the purpose of deciding whether the local board of education shall provide funds from school tax levies to support such state chartered special school or incur bonded indebtedness to support such state chartered special school or both. The ballot question shall be approved by the state board."
SECTION 16. Said chapter is further amended in Code Section 20-2-2068.2, relating to facilities fund for charter schools, purposes for which funds may be used, upkeep of charter school

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property, and receipt of surplus from board of education, by striking subsections (c) and (e) and inserting in lieu thereof new subsections (c) and (e) to read as follows:
"(c) A charter schools governing body may use moneys from the facilities fund for the following purposes:
(1) Purchase of real property; (2) Construction of school facilities, including initial and additional equipment and furnishings; (3) Purchase, lease-purchase, or lease of permanent or relocatable school facilities; (4) Purchase of vehicles to transport students to and from the charter school; and (5) Renovation, repair, and maintenance of school facilities that the charter school owns or is purchasing through a lease-purchase or long-term lease of five years or longer." "(e) Local boards are required to renovate, repair, and maintain the school facilities of charter schools in the district to the same extent as other public schools in the district if the local board owns the charter school facility, unless otherwise agreed upon by the petitioner and the local board in the charter."
SECTION 17. Said chapter is further amended by striking Code Section 20-2-2070, relating to annual report to the general assembly, and inserting in lieu thereof the following:
"20-2-2070. The state board shall report to the General Assembly no later than November 1 December 31 of each year on the status of the charter school program."
SECTION 18. Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to the education coordinating council, is amended by striking subsection (a) of Code Section 20-14-26, relating to duties of the office of student achievement, and inserting in lieu thereof the following:
"(a) The office shall have the following duties: (1) To create, with the approval of the State Board of Education, a performancebased a single state-wide accountability system, establish indicators of performance, rate schools and school systems, develop annual report cards for elementary, middle, and secondary schools, and formulate a system of school rewards awards and interventions. The State Board of Education shall approve no later than December 31, 2004, a single state-wide accountability system for local schools and school systems that incorporates federal law, rules, and regulations relating to accountability; (2) To audit and inspect or cause to be audited or inspected for the purpose of verification, research, analysis, reporting, or for other purposes related to the performance of its powers and duties as provided in this article and for the purposes of auditing pre-kindergarten, elementary, middle grades, and secondary education, postsecondary education, and education work force programs and schools, local

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school systems, institutes, colleges, universities, regional educational service agencies, and other public education programs and entities as defined by the council; (3) To assist the council in the development of a state-wide education student information system; (4)(3) To serve as staff to the council; and (5)(4) To exercise the powers and discharge duties of the council, as set forth in Code Section 20-14-8, under the supervision and oversight of the council."
SECTION 19. Said chapter is further amended by striking subsections (a), (d), and (h) of Code Section 20-14-33, relating to indicators of quality of learning in individual schools, and inserting in their respective places the following:
"(a) The office shall adopt and biennially review, and revise as necessary, indicators of the quality of learning by students in an individual school and school system." "(d) The office shall establish individual school and school system ratings for each public school and school system in this state for annual academic performance on the assessment instruments required under Code Section 20-2-281." "(h) The office shall annually review the performance of each school and school system on the indicators in subsection (b) of this Code section and determine whether a change in the school or school system rating status of the school or school system is warranted."
SECTION 20. Said chapter is further amended by striking subsections (b) and (d) of Code Section 2014-34, relating to school report cards, and inserting in their respective places the following:
"(b) The report card shall include the following information, where applicable: (1) The individual school and school system ratings as provided for in subsection (d) of Code Section 20-14-33; (2) The academic excellence indicators in subsection (b) of Code Section 20-14-33; (3) Teacher-student ratios; and (4) Administrative and instructional costs per student and other financial accounting information as may be required."
"(d) The State Board of Education shall adopt rules requiring dissemination of appropriate student performance and school completion performance portions of school report cards annually to the parent, guardian, conservator, or other person having lawful control of each student at the school. On written request, the local school system shall provide a copy of a school report card to any other party. These reports shall be posted on the Office of Student Achievement website, the Department of Education website, and the existing website of such local school system."
SECTION 21.

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Said chapter is further amended by striking subparagraph (D) of paragraph (6) of subsection (a) of Code Section 20-14-41, relating to appropriate levels of intervention for failing schools, and inserting in lieu thereof the following:
"(D) Mandate that the parents have the option to relocate the student to other public schools in the local school system to be chosen by the parents of the student with transportation costs borne by the system from a list of available options provided by the local school system. The local school system shall provide transportation for students in Title I schools in accordance with the requirements of federal law. The local school system may provide transportation for students in non-Title I schools. In any year in which the General Assembly does not appropriate funds for the provision of transportation to non-Title I students, the parent or guardian shall assume responsibility for the transportation of that student;"
SECTION 22. Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons not to be issued a drivers license, school attendance requirements, and driving training requirements, is amended by striking subsection (a.1) and inserting in lieu thereof the following:
"(a.1)(1) The department shall not issue an instruction permit or drivers license to a person who is younger than 18 years of age unless at the time such minor submits an application for an instruction permit or drivers license the applicant presents acceptable proof that he or she has received a high school diploma, a general educational development (GED) diploma, a special diploma, or a certificate of high school completion, or has terminated his or her secondary education and is enrolled in a postsecondary school, is pursuing a general educational development (GED) diploma, or the records of the department indicate that said applicant:
(A) Is enrolled in and not under suspension expulsion from a public or private school and has satisfied relevant attendance requirements as set forth in paragraph (2) of this subsection for a period of one academic year prior to application for an instruction permit or drivers license; or (B) Is enrolled in a home education program that satisfies the reporting requirements of all state laws governing such courses program. The department shall notify such minor of his or her ineligibility for an instruction permit or drivers license at the time of such application. (2) The department shall forthwith notify by certified mail or statutory overnight delivery, return receipt requested, any minor issued an instruction permit or drivers license in accordance with this subsection other than a minor who has terminated his or her secondary education and is enrolled in a postsecondary school or who is pursuing a general education development (GED) diploma that such minors instruction permit or drivers license is suspended subject to review as provided for in this subsection if the department receives notice pursuant to Code Section 20-2-701 that indicates that such minor:

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(A) Has dropped out of school without graduating and has remained out of school for ten consecutive school days; (B) Has more than ten or more school days of unexcused absences in any semester or combination of two consecutive quarters the current academic year or ten or more school days of unexcused absences in the previous academic year; or (C) Has been suspended from school for found in violation by a hearing officer, panel, or tribunal of one of the following offenses, has received a change in placement for committing one of the following offenses, or has waived his or her right to a hearing and pleaded guilty to one of the following offenses:
(i) Threatening, striking, or causing bodily harm to a teacher or other school personnel; (ii) Possession or sale of drugs or alcohol on school property or at a school sponsored event; (iii) Possession or use of a weapon on school property or at a school sponsored event. For purposes of this subparagraph, the term 'weapon' shall be defined in accordance with Code Section 16-11-127.1 but shall not include any part of an archeological or cultural exhibit brought to school in connection with a school project; (iv) Any sexual offense prohibited under Chapter 6 of Title 16; or (v) Causing substantial physical or visible bodily harm to or seriously disfiguring another person, including another student. Notice given by certified mail or statutory overnight delivery with return receipt requested mailed to the persons last known address shall be prima-facie evidence that such person received the required notice. Such notice shall include instructions to the minor to return immediately the instruction permit or drivers license to the department and information summarizing the minors right to request an exemption from the provisions of this subsection. The minor so notified may request in writing a hearing within ten business days from the date of receipt of notice. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' After such hearing, the department shall sustain its order of suspension or rescind such order. The department shall be authorized to grant an exemption from the provisions of this subsection to a minor, upon such minors petition, if there is clear and convincing evidence that the enforcement of the provisions of this subsection upon such minor would create an undue hardship upon the minor or the minors family or if there is clear and convincing evidence that the enforcement of the provisions of this subsection would act as a detriment to the health or welfare of the minor. Appeal from such hearing shall be in accordance with said chapter. If no hearing is requested within the ten business days specified above, the right to a hearing shall have been waived and the instruction permit or drivers license of the minor shall remain suspended. The suspension provided for in this paragraph shall be for a period of one year or shall end upon the date of such minors eighteenth birthday

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or upon receipt of satisfactory proof that the minor is pursuing or has received a general educational development (GED) diploma, whichever comes first. (3) The State Board of Education and the commissioner of motor vehicle safety are authorized to promulgate rules and regulations to implement the provisions of this subsection. (4) The Department of Technical and Adult Education shall be responsible for compliance and noncompliance data for students pursuing a general education development (GED) diploma."

SECTION 23. This Act shall become effective on July 1, 2005.

SECTION 24. 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:

N Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden E 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
Burkhalter E 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 Y Dodson Y Dollar Y Drenner E Dukes Y Ehrhart Y England N Epps Y Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin
Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T Y Greene Y Hanner Y Harbin Y Hatfield

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

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller E 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
Parham Y Parrish Y Parsons N Porter Y Powell Y Ralston N Randall Y Ray
Reece, B

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler N Shaw Y Sheldon Y Sims, C N Sims, F N 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 N 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 N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A

N Lucas Lunsford
Y Maddox N Mangham Y Manning Y Marin Y Martin

Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

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 129, nays 38.

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

Explanation of Vote SB 35

SB 35 originally addressed some concerns about charter schools, but it has been amended to delay for another two years smaller class sizes. Smaller class size is necessary to improve public education in Georgia.
While many systems have decreased class sizes, many others have delayed doing so and under SB 35, as passed, will not be required to address the critical issue for at least two years.
Further, we have concerns about how some aspects of charter schools have been addressed in the bill, including the permissibility of restricting the geographic area from which a charter school may draw it's student body.
For these and other reasons, we have voted against SB 35.

Jeanette Jamieson of the 28th Tom Bordeaux of the 162nd Lester Jackson of the 161st Randal Mangham of the 94th Carolyn F. Hugely of the 133rd DuBose Porter of the 143rd Debbie Buckner of the 130th

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 355. By Senators Seay of the 34th and Starr of the 44th:

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A BILL to be entitled an Act to amend an Act providing a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, approved March 4, 1977 (Ga. L. 1977, p. 2856), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 4127), so as to change the amount of such county supplement; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 363. By Senator Smith of the 52nd:
A BILL to be entitled an Act to provide that future elections for the office of judge of the Probate Court of Floyd 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 resolution of the Senate:
SR 537. By Senators Henson of the 41st, Rogers of the 21st and Goggans of the 7th:
A RESOLUTION designating the first week of April each year as "Living Will Week" in Georgia; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
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.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the Senate were taken up for consideration and read the third time:
SB 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:

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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 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.
The following substitute, offered by the Committee on Rules, was read and adopted:
A BILL
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 state legislative intent with respect to use of fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates for motor vehicles, is amended by adding a new Code Section 402-86.10 to read as follows:
"40-2-86.10. (a) There shall be issued beginning in 2006 special and distinctive vehicle license plates honoring families with a member serving in the military, subject to the conditions set forth in this Code section. (b) The commissioner shall design special distinctive license plates to honor families with a member serving in the military. The license plates must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed six. No two recipients shall receive identically numbered plates. The license plate will contain the words 'Family Member Serving' in the space normally containing the county of issuance. Such design shall not provide space in which to indicate the name of the county of issuance. The graphic on the special license plate shall be placed to the left of the alphanumeric characters and shall be no larger than three inches by three inches. (c) Notwithstanding the foregoing provisions of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise and at no cost to the state, received such licenses or other permissions as may be required for the use of any logo or as may otherwise be necessary or appropriate to implement this Code section. No royalty, license fee, or

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other moneys shall be paid to any organization or its licensor for the use by the state of such logo or design on license plates authorized by this Code section. The commissioner may charge fees, take other actions, and agree to or impose terms and conditions which might normally be envisioned in licensing and cross-licensing agreements for the use of designs and similar intellectual property. Without limitation, the commissioner may agree to allow to others the exclusive or nonexclusive use of the design of the special license plate. The design of the special license plate, excepting only any part of the design owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law and no person shall reproduce or otherwise use such design, except as authorized by the commissioner. (d) Beginning in calendar year 2006, any qualified Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a manufacturing fee of $25.00 in addition to the regular motor vehicle registration fee shall be issued a license plate honoring families with a member serving in the military. Revalidation decals shall be issued for such license plates in the same manner as provided for general issue license plates. (e) An applicant may request a license plate identifying him or her as a person who has a family member serving in the military at any time during the applicants registration period. If such a license plate is to replace a current valid license plate, such license plate shall be issued with appropriate decals attached. (f) No special license plate authorized pursuant to this Code section shall be issued except upon the receipt by the department of at least 1,000 applications. The special license plate shall have an application period of two years after July 1, 2005, for payment of the manufacturing fee. After such time if the minimum number of applications is not met, the department shall not continue to accept the manufacturing fee, and all fees shall be refunded to applicants. (g) The department shall not be required to continue to manufacture the special license plate if the number of active registrations falls below 500 registrations at any time during the five-year period as provided in subsection (b) of Code Section 40-2-31. A current registrant may continue to renew such special license plate during his or her annual registration period upon payment of an additional $25.00 annual special tag fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The department may continue to issue such special license plates that it has in its inventory to assist in achieving the minimum number of registrations. If the special license plate falls below 500 active registrations at any time during the five-year period as provided in subsection (b) of Code Section 40-2-31, the department must receive

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1,000 applications accompanied by the manufacturing fee to continue to manufacture the license plate. (h) License plates honoring families with a member serving in the military shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80. (i) License plates honoring families with a member serving in the military shall be issued within 30 days of application once the requirements of this Code section have been met. (j) The funds derived from the sale of license plates honoring families with a member serving in the military, less a $1.00 processing fee, which shall be granted to county tag offices per plate sold, and less the actual manufacturing cost of the plates, shall be deposited in the general fund of the state treasury. As soon as practicable after December 31 of each year, the commissioner shall report the net amount derived from the sale of such license plates to the Office of Planning and Budget and the Department of Veterans Service. It is the intent of the General Assembly that the General Assembly appropriate an amount equal to the net proceeds from the sale of such license plates to the Department of Veterans Service for use by the National Guard Foundation in carrying out such programs and purposes as may be contractually agreed upon by the department and the foundation."

SECTION 2. This Act shall become effective on 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, 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 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 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 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 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

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

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Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G
Burkhalter E 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
Cox

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

Y Jones, J Y Jones, S
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 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
Rogers Y Royal Y 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
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.

Representatives Abdul-Salaam of the 74th, Cox of the 102nd, Knox of the 24th, 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.

The Speaker assumed the Chair.

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.

The following substitute, offered by the Committee on Rules, was read and adopted:

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A BILL
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 state legislative intent with respect to use of fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates for motor vehicles, is amended by adding a new Code Section 402-86.10 to read as follows:
"40-2-86.10. (a) There shall be issued beginning in 2006 special and distinctive vehicle license plates identifying persons supporting Georgia troops subject to the conditions set forth in this Code section. (b) The commissioner shall design special distinctive license plates to identify persons who support Georgia troops. The license plates must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed six. No two recipients shall receive identically numbered plates. The license plate will contain the words 'Support Georgia Troops' in the space normally containing the county of issuance. Such design shall not provide space in which to indicate the name of the county of issuance. The graphic on the special license plate shall be placed to the left of the alphanumeric characters and shall be no larger than three inches by three inches. (c) Notwithstanding the foregoing provisions of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise and at no cost to the state, received such licenses or other permissions as may be required for the use of any logo or as may otherwise be necessary or appropriate to implement this Code section. No royalty, license fee, or other moneys shall be paid to any organization or its licensor for the use by the state of such logo or design on license plates authorized by this Code section. The commissioner may charge fees, take other actions, and agree to or impose terms and conditions which might normally be envisioned in licensing and cross-licensing agreements for the use of designs and similar intellectual property. Without limitation, the commissioner may agree to allow to others the exclusive or nonexclusive use of the design of the special license plate. The design of the special license plate, excepting only any part of the design owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give

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notice of and protect such right, including the copyright. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law and no person shall reproduce or otherwise use such design, except as authorized by the commissioner. (d) Beginning in calendar year 2006, any qualified Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a manufacturing fee of $25.00 in addition to the regular motor vehicle registration fee shall be issued a license plate identifying him or her as a person who supports Georgia troops. Revalidation decals shall be issued for such license plates in the same manner as provided for general issue license plates. (e) An applicant may request a license plate identifying him or her as a person who supports Georgia troops at any time during the applicants registration period. If such a license plate is to replace a current valid license plate, such license plate shall be issued with appropriate decals attached. (f) No special license plate authorized pursuant to this Code section shall be issued except upon the receipt by the department of at least 1,000 applications. The special license plate shall have an application period of two years after July 1, 2005, for payment of the manufacturing fee. After such time if the minimum number of applications is not met, the department shall not continue to accept the manufacturing fee, and all fees shall be refunded to applicants. (g) The department shall not be required to continue to manufacture the special license plate if the number of active registrations falls below 500 registrations at any time during the five-year period as provided in subsection (b) of Code Section 40-2-31. A current registrant may continue to renew such special license plate during his or her annual registration period upon payment of an additional $25.00 annual special tag fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The department may continue to issue such special license plates that it has in its inventory to assist in achieving the minimum number of registrations. If the special license plate falls below 500 active registrations at any time during the five-year period as provided in subsection (b) of Code Section 40-2-31, the department must receive 1,000 applications accompanied by the manufacturing fee to continue to manufacture the license plate. (h) License plates identifying persons who support Georgia troops shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80. (i) License plates identifying persons who support Georgia troops shall be issued within 30 days of application once the requirements of this Code section have been met. (j) The funds derived from the sale of license plates identifying persons supporting Georgia troops, less a $1.00 processing fee, which shall be granted to county tag offices per plate sold, and less the actual manufacturing cost of the plates, shall be deposited in the general fund of the state treasury. As soon as practicable after December 31 of each

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year, the commissioner shall report the net amount derived from the sale of such license plates to the Office of Planning and Budget and the Department of Veterans Service. It is the intent of the General Assembly that the General Assembly appropriate an amount equal to the net proceeds from the sale of such license plates to the Department of Veterans Service for use by the National Guard Foundation in carrying out such programs and purposes as may be contractually agreed upon by the department and the foundation."

SECTION 2. This Act shall become effective on 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, 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 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 Bryant Y Buckner, D Y Buckner, G Y Burkhalter E 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 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 Y Greene
Hanner Harbin Y Hatfield Y Heard, J

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
Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas

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 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

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon E Sims, C Y Sims, F
Sinkfield E 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
Watson Y Wilkinson Y Willard

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Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper
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, by substitute, the ayes were 160, nays 0.

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

Representative Abdul-Salaam of the 74th and Cox of the 102nd 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 Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:

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.

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 Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon E 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
Buckner, D Y Buckner, G Y Burkhalter E 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 Drenner Y Dukes Y 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 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 Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen Y Keown Y Kidd Y Knight
Knox 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 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
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 161, nays 0.

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 Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

Representatives Abdul-Salaam of the 74th, Forster of the 3rd, 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.

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.

The following Committee substitute was read and adopted:

A RESOLUTION

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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.
WHEREAS, the State of Georgia is the owner of certain real property located in Baldwin, Banks, Burke, Chatham, Douglas, Fulton, and Newton counties, Georgia; and
WHEREAS, the Alltel Communications, Victor M. Corral, Georgia Power, Chatham County, the City of Savannah, and 1998 Augustus Partners, LP, desire to operate and maintain facilities, utilities and ingress and egress in, on, over, under, upon, across, or through a portion of said property; and
WHEREAS, these facilities, utilities and ingress and egress in, on, over, under, upon, across, or through the above-described state property have been requested and/or approved by the Department of Juvenile Justice, the Department of Natural Resources, the Department of Defense, the Department of Human Resources, the Department of Corrections, the Department of Technical and Adult Education, and the Geo. L. Smith II Georgia World Congress Center with respect to property under the jurisdiction of their respective departments.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I SECTION 1.
That the State of Georgia is the owner of the hereinafter described real property in Baldwin County, and the property is in the custody of the Department of Juvenile Justice, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 2. That the State of Georgia, acting by and through its State Properties Commission, may grant to Alltel Communications, or its successors and assigns, a nonexclusive easement for the operation and maintenance of a telecommunications equipment site in, on, over, under, upon, across, or through the easement area for the purposes of maintaining, repairing, replacing, inspecting and operating a telecommunications equipment site together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the City of Milledgeville, Baldwin County, Georgia, and on the grounds of the

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Bill E. Ireland Youth Development Campus and is more particularly described as follows:
"That portion and that portion only as shown in yellow on a plat of survey dated February 20, 2004, prepared by James R. McDougald and on file in the offices of the State Properties Commission"
and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 3. That the above-described premises shall be used solely for the purposes of installing, maintaining, repairing, replacing, inspecting, and operating said telecommunications equipment site.
SECTION 4. That Alltel Communications shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said telecommunications equipment site.
SECTION 5. That, after Alltel Telecommunications has put into use the telecommunications equipment site this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Alltel Communications, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the utility shall become the property of the State of Georgia or its successors and assigns.
SECTION 6. That no title shall be conveyed to Alltel Communications and, except as herein specifically granted to Alltel Communications, all rights, title, and interest in and to said easement area are reserved to the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Alltel Communications.
SECTION 7. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and

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Alltel Communications shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Alltel Communications. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal at no cost and expense to the State of Georgia.
SECTION 8. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.
SECTION 9. That the easement granted to Alltel Communications shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 10. That the consideration for such easement shall be for the fair market value, but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.
SECTION 11. That this grant of easement shall be recorded by the grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 12. That the authorization in this resolution to grant the above-described easement to Alltel Communications shall expire three years after the date that this resolution becomes effective.
SECTION 13.

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That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE II SECTION 14.
That the State of Georgia is the owner of the hereinafter described real property in Banks County, and the property is in the custody of the Department of Natural Resources, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 15. That the State of Georgia, acting by and through its State Properties Commission, may grant to Victor M. Corral, or his successors and assigns, a nonexclusive easement for the operation and maintenance of ingress and egress in, on, over, under, upon, across, or through the easement area for the purposes of maintaining, repairing, replacing, inspecting, and operating ingress and egress together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in land lot 227 of the 10th district of Banks County, Georgia, and is more particularly described as follows:
"That portion and that portion only as shown in yellow on a plat of survey dated June 29, 2000, prepared by Samuel L. Duvald and on file in the offices of the State Properties Commission" and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 16. That the above-described premises shall be used solely for the purposes of installing, maintaining, repairing, replacing, inspecting, and operating said ingress and egress.
SECTION 17. That Victor M. Corral shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said ingress and egress.
SECTION 18. That, after Victor M. Corral has put into use the ingress and egress for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Victor M. Corral, or his successors and assigns, shall have the option of removing his facilities from the easement

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area or leaving the same in place, in which event the easement shall become the property of the State of Georgia or its successors and assigns.
SECTION 19. That no title shall be conveyed to Victor M. Corral and, except as herein specifically granted to Victor M. Corral, all rights, title, and interest in and to said easement area are reserved to the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Victor M. Corral.
SECTION 20. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Victor M. Corral shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Victor M. Corral. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal at no cost expense to the State of Georgia.
SECTION 21. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for his lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in his use of the easement area.
SECTION 22. That the easement granted to Victor M. Corral shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

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SECTION 23. That the consideration for such easement shall be for the fair market value, but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.
SECTION 24. That this grant of easement shall be recorded by the grantee in the Superior Court of Banks County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 25. That the authorization in this resolution to grant the above-described easement to Victor M. Corral shall expire three years after the date that this resolution becomes effective.
SECTION 26. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE III SECTION 27.
That the State of Georgia is the owner of the hereinafter described real property in Burke County, and the property is in the custody of the Department of Defense, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 28. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of an electrical distribution line in, on, over, under, upon, across, or through the easement area for the purposes of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating an electrical distribution line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in land lots 60 and 62 in the City of Waynesboro, Burke County, Georgia, and is more particularly described as follows:
"That portion and that portion only as shown marked in yellow on a drawing prepared by Georgia Power Company, and being DWE# 303011001324 and on file in the offices of the State Properties Commission" and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.

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SECTION 29. That the above-described premises shall be used solely for the purposes of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said electrical distribution line.
SECTION 30. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical distribution line.
SECTION 31. That, after Georgia Power Company has put into use the electrical distribution line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 32. That no title shall be conveyed to Georgia Power Company, and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area are reserved to the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.
SECTION 33. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on sate owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Georgia Power Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal at no cost and expense to the State of Georgia.

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SECTION 34. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.
SECTION 35. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 36. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.
SECTION 37. That this grant of easement shall be recorded by the grantee in the Superior Court of Burke County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 38. That the authorization in this resolution to grant the above-described easement to Georgia Power Company 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 the grant of the easement area.
ARTICLE IV SECTION 40.
That the State of Georgia is the owner of the hereinafter described real property in Chatham County, and the property is in the custody of the Department of Human Resources, hereinafter referred to as the "easement area" and that, in all matters relating

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to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 41. That the State of Georgia, acting by and through its State Properties Commission, may grant to Chatham County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a drainage facility on, over, under, upon, across, or through the easement area for the purposes of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a drainage facility together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the 6th GMD of Chatham County, Georgia, and is more particularly described as follows:
"Those portions and those portions only as shown in yellow on a Department of Transportation right of way map being sheets 11, 11a and 16 of project NH-171-1(4) prepared by Jordan, Jones and Goulding, dated January 7, 2000 and on file in the offices of the State Properties Commission" and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 42. That the above-described premises shall be used solely for the purposes of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said drainage facility.
SECTION 43. That Chatham County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said drainage facility.
SECTION 44. That, after Chatham County puts into use the drainage facility for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Chatham County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 45. That no title shall be conveyed to Chatham County and, except as herein specifically granted to Chatham County, all rights, title, and interest in and to said easement area are

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reserved to the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Chatham County.
SECTION 46. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.
SECTION 47. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Chatham County shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Chatham County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal at no cost and expense to the State of Georgia.
SECTION 48. That the easement granted to Chatham County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 49. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.

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SECTION 50. That this grant of easement shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 51. That the authorization in this resolution to grant the above-described easement to Chatham County shall expire three years after the date that this resolution becomes effective.
SECTION 52. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE V SECTION 53.
That the State of Georgia is the owner of the hereinafter described real property in Chatham County, and the property is in the custody of the State Properties Commission, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 54. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Savannah, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through the easement area for the purposes of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a sanitary sewer line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the 8th GMD of Chatham County, Georgia, and is more particularly described as follows:
"That portion and that portion only as shown highlighted in yellow on a plat of survey dated April 12, 2004 and revised May 12, 2004 prepared by Steve R. Waters and all being on file in the offices of the State Properties Commission" and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 55. That the above-described premises shall be used solely for the purposes of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer line.

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SECTION 56. That the City of Savannah shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said sanitary sewer line.
SECTION 57. That, after the City of Savannah has put into use the sanitary sewer line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Savannah, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 58. That no title shall be conveyed to the City of Savannah, and, except as herein specifically granted to the City of Savannah, all rights, title, and interest in and to said easement area are reserved to the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Savannah.
SECTION 59. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.
SECTION 60. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Savannah shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the

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City of Savannah. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal at no cost and expense to the State of Georgia.
SECTION 61. That the easement granted to the City of Savannah shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 62. That the consideration for such easement shall be for $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.
SECTION 63. That this grant of easement shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 64. That the authorization in this resolution to grant the above-described easement to the City of Savannah shall expire three years after the date that this resolution becomes effective.
SECTION 65. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE VI SECTION 66.
That the State of Georgia is the owner of the hereinafter described real property in Douglas County, and the property is in the custody of the Department of Technical and Adult Education, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 67. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement

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for the construction, operation, and maintenance of guy wires in, on, over, under, upon, across, or through the easement area for the purposes of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating guy wires together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in land lot 49 of the 1st district 5th section in the City of Douglasville, Douglas County, Georgia, and is more particularly described as follows:
"That portion and that portion only as shown in yellow on a drawing prepared by Georgia Power Company and showing dimension of 45 feet by 10 feet and on file in the offices of the State Properties Commission" and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 68. That the above-described premises shall be used solely for the purposes of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said guy wires.
SECTION 69. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said guy wires.
SECTION 70. That, after Georgia Power Company has put into use the guy wires for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 71. That no title shall be conveyed to Georgia Power Company, and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area are reserved to the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.
SECTION 72. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway

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system, of a county with respect to the county road system, or of a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.
SECTION 73. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Georgia Power Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal at no cost and expense to the State of Georgia.
SECTION 74. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 75. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.
SECTION 76. That this grant of easement shall be recorded by the grantee in the Superior Court of Douglas County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 77.

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That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.
SECTION 78. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE VII SECTION 79.
That the State of Georgia is the owner of the hereinafter described real property in Fulton County, and the property is in the custody of the Geo. L. Smith II Georgia World Congress Center, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 80. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of an overhead transmission line in, on, over, under, upon, across, or through the easement area for the purposes of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating an overhead transmission line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lot 82 of the 14th district, City of Atlanta, Fulton County, Georgia, and is more particularly described as follows:
"That portion and that portion only as shown in yellow on a plat of survey entitled 'Northwest Davis Street Transmission Line Property of State of Georgia,' prepared by Georgia Power Company, dated June 22, 2004, and on file in the offices of the State Properties Commission" and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 81. That the above-described premises shall be used solely for the purposes of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said overhead transmission line.
SECTION 82. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for

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the proper construction, operation, and maintenance of said overhead transmission line.
SECTION 83. That, after Georgia Power Company has put into use the overhead transmission line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 84. That no title shall be conveyed to Georgia Power Company, and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area are reserved to the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.
SECTION 85. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system of a county with respect to the county road system, or of a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.
SECTION 86. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Georgia Power Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state

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owned land so long as the removal and relocation is paid by the party or parties requesting such removal at no cost and expense to the State of Georgia.
SECTION 87. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 88. That the consideration for such easement shall be for the fair market value and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.
SECTION 89. That this grant of easement 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 90. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.
SECTION 91. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE VIII SECTION 92.
That the State of Georgia is the owner of the hereinafter described real property in Newton County, and the property is in the custody of the Department of Technical and Adult Education, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 93. That the State of Georgia, acting by and through its State Properties Commission, may grant to 1998 Augustus Partners, L. P., or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a storm drain in, on, over,

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under, upon, across, or through the easement area for the purposes of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a storm drain together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area are located in land lot 295 of the 9th district of Newton County, Georgia, and is more particularly described as follows:
"That portion and that portion only as shown marked in yellow on a plat of survey entitled '1998 Augustus Partners, L.P.' dated December 23, 2003, and prepared by Fred Wilson Long and being on file in the offices of the State Properties Commission" and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 94. That the above-described premises shall be used solely for the purposes of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said storm drain.
SECTION 95. That 1998 Augustus Partners, L. P., shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said storm drain.
SECTION 96. That, after 1998 Augustus Partners, L. P., has put into use the storm drain for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, 1998 Augustus Partners, L. P., or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 97. That no title shall be conveyed to 1998 Augustus Partners, L. P., and, except as herein specifically granted to 1998 Augustus Partners L. P., all rights, title, and interest in and to said easement area are reserved to the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to 1998 Augustus Partners, L. P.
SECTION 98. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway

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system, of a county with respect to the county road system, or of a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.
SECTION 99. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and 1998 Augustus Partners, L. P., shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by 1998 Augustus Partners, L. P. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal at no cost and expense to the State of Georgia.
SECTION 100. That the easement granted to 1998 Augustus Partners, L. P., shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 101. That the consideration for such easement shall be for the fair market value, but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.
SECTION 102. That this grant of easement shall be recorded by the grantee in the Superior Court of Newton County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 103.

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That the authorization in this resolution to grant the above-described easement to 1998 Augustus Partners, L. P., shall expire three years after the date that this resolution becomes effective.
SECTION 104. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE IX SECTION 105.
That the State of Georgia is the owner of the hereinafter described real property in Chatham County, and the property is in the custody of the Department of Natural Resources, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 106. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Savannah, Chatham County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a riverwalk dock facility in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a riverwalk dock facility together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the 2nd GM District, City of Savannah, Chatham County, Georgia, and containing a total of 3.28 acres and is more particularly described as:
"That portion and that portion only as shown marked in yellow on a plat of survey entitled 'Jurisdictional Lands of the Savannah River and the Village at Oglethorpe Landing, LLC' dated February 23, 2005 and prepared by Boyce L. Young, Georgia Registered Land Surveyor #2282 and being on file in the offices of the State Properties Commission," and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 107. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said riverwalk dock facility.
SECTION 108.

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That the City of Savannah shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said riverwalk dock facility.
SECTION 109. That, after the City of Savannah has put into use the riverwalk dock facility for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Savannah, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
SECTION 110. That no title shall be conveyed to the City of Savannah and, except as herein specifically granted to the City of Savannah, all rights, title, and interest in and to said easement area is reserved to the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Savannah.
SECTION 111. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.
SECTION 112. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Savannah shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the City of Savannah. Upon written request, the State Properties Commission, in its sole

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discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal at no cost and expense to the State of Georgia.

SECTION 113. That the easement granted to the City of Savannah shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 114. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.

SECTION 115. That this grant of easement shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 116. That the authorization in this resolution to grant the above-described easement to the City of Savannah shall expire three years after the date that this resolution becomes effective.

SECTION 117. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of easement area.

ARTICLE X SECTION 118.

That all laws or 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:

Abdul-Salaam Y Amerson E Anderson

Crawford Y Cummings Y Davis

Y Holmes Y Holt Y Horne

Y Maxwell May McCall

Sailor Y Scheid Y Scott, A

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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 E 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 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 Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y 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 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 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 Scott, M Y Setzler Y Shaw Y Sheldon E 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 Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

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

Representatives Abdul-Salaam of the 74th 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.

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.
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, 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 provide for the transfer of powers, duties, and responsibilities of the commissioner of administrative services and the Department of Administrative Services regarding space management to the State Properties Commission; to change certain provisions relating to projects, composition, administrative assignment, powers, and duties of the Georgia Building Authority; to repeal Article 6 of Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to inventory of state buildings; to change certain provisions regarding the composition, powers, duties, authority, and administrative assignment of the State Properties Commission; to provide for the transfer to the State Properties Commission of certain assets, contracts, leases, agreements, obligations, funds, and personnel of the commissioner of administrative services and the Department of Administrative Services; to provide for a state property officer and the powers, duties, and authority of such officer; to provide for powers, duties, and authority of the State Properties Commission with respect to inventory and management of administrative space; to provide for duties and responsibilities of state entities with respect to information compilation regarding state facilities; 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 amend Code Section 50-16-43 of the Official Code of Georgia Annotated, relating to leasing of state owned lands, so as to change a cross-reference; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking Article 2 of Chapter 5, the "State Space Management Act of 1976," and inserting in its place a new Article 2 to read as follows:
"ARTICLE 2
50-5-30. This article shall be known and may be cited as the 'State Space Management Act of 1976.' Reserved.
50-5-31. As used in this article, the term:
(1) 'Administrative space' means any space, whether existing or to be constructed, that is required by a state agency for office, storage, or special purposes. In order to be required, the space must be necessary for and utilized in either (A) the performance of the duties that the state agency is obligated by law to perform or (B) the delivery of the services that the state agency is authorized or required by law to provide. Administrative space does not include the space within or on the following properties; provided, however, such space was not acquired and will not be acquired by a rental agreement or arrangement the initial term of which is for a period of five years or less:
(A) The state capitol. The space utilization of the state capitol shall be as provided by law; (B) The executive center (Governors mansion). The space utilization of the executive center (Governors mansion) shall be as provided by law; (C) Space utilized by the legislative and judicial branches of the state government. The utilization of space by those branches of the state government shall be as provided by law; (D) Space in buildings located on and used in direct support of any institution of higher education under the custody, management, control, or supervision (hereinafter for convenience in this article referred to as jurisdiction) of the Board of Regents of the University System of Georgia; (E) Space in buildings located on and used in direct support of any game preserve, wildlife refuge, or fish hatchery under the jurisdiction of the Department of Natural Resources; (F) Space in buildings located on and used in direct support of any part of the system of state parks and historic sites under the jurisdiction of the Department of Natural Resources; (G) Space in buildings used in direct support of the construction and maintenance of the state highway system, i.e., maintenance barns, equipment sheds, and district offices, under the jurisdiction of the Department of Transportation; (H) Space in buildings located on and used in direct support of any penal institution under the jurisdiction of the Department of Corrections;

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(I) Space in buildings located on and used in direct support of any state patrol post under the jurisdiction of the Department of Public Safety; (J) Space in buildings located on and used in direct support of any farmers market under the jurisdiction of the Department of Agriculture; (K) Space in buildings located on and used in direct support of any hospital, rehabilitation center, school for persons with disabilities, or other mental or physical health care institution under the jurisdiction of the Department of Human Resources; (L) Space in buildings located on and used in direct support of any forestry unit under the jurisdiction of the State Forestry Commission; (M) Space in buildings located on and used in direct support of vocational education schools, schools for the deaf, or the educational television network under the jurisdiction of the State Board of Education; (N) Space in buildings located on and used in direct support of any welcome center or rest station under the jurisdiction of the Tourist Division of the Department of Economic Development; (O) Space in buildings located on and used in direct support of armories or other military installations under the jurisdiction of the Department of Defense; or (P) Any real properties under the jurisdiction of the State Properties Commission. (2) 'Commissioner' means the commissioner of administrative services. (3) 'Department' means the Department of Administrative Services. (4) 'State agency' means any department, division, board, bureau, commission, or other agency within the state government, by whatever name designated.
50-5-32. (a) The department is given the authority and charged with the duty of managing the utilization of administrative space by all state agencies in a manner that is the most cost efficient and operationally effective and which provides decentralization of state government. Such management shall include the authority to assign and reassign administrative space to state agencies based on the needs of the agencies as determined by standards for administrative space utilization promulgated by the commissioner pursuant to Code Section 50-5-33 and shall include the obligation to advise the Office of Planning and Budget and state agencies and departments of cost-effective, decentralized alternatives. (b) The management of the utilization of administrative space by the department shall include entering into any necessary agreements to rent or lease administrative space, whether existing or to be constructed and shall include administrative space rented or leased by a state agency from the Georgia Building Authority or from any other public or private person, firm, or corporation. When it becomes necessary to rent or lease administrative space, the space shall be rented or leased by the department and assigned to the state agency or agencies requiring the space. (c) If the department reassigns all or any portion of any administrative space which is leased or rented by one state agency to another state agency, the state agency to which

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the administrative space is reassigned shall pay to the department rental charges, as determined by the department, for the utilization of the space; and the department shall, in turn, use the rental charges so paid for the purpose of paying or partially paying, as the case may be, the rent or lease payments due the lessor of the administrative space in accordance with the terms of the lease or rent contract existing at the time of the reassignment of the administrative space. Any such payments to a lessor by the department shall be on behalf of the state agency which is the lessee of the administrative space reassigned as provided herein. (d) The management of the utilization of administrative space given to the department by this article shall not be construed to impair the obligation of any contract executed before July 1, 1976, between any state agency and the Georgia Building Authority or between any state agency and any other public or private person, firm, or corporation; and the powers given to the department by this article shall not be implemented or carried out in such a manner as to impair the obligation of any such contract.
50-5-33. (a) The commissioner is authorized and directed to develop and promulgate standards governing the utilization of administrative space by all state agencies which require emphasis on cost effectiveness and decentralization. The standards shall be uniformly applied to all state agencies except as otherwise provided by subsection (b) of this Code section; but the standards shall recognize and provide for different types of administrative space required by the various state agencies and the different types of administrative space that may be required by a single state agency. (b) The department shall be authorized to reassign administrative space to the various state agencies in order to bring the utilization of administrative space into conformity with the standards promulgated under subsection (a) of this Code section. Any additional administrative space required by a state agency shall be approved by and obtained through the department. The commissioner shall be authorized to grant exceptions to the standards governing the utilization of administrative space when the reassignment of such space would involve unnecessary expenses or the disruption of services being provided by a state agency. The commissioner shall adopt and promulgate rules and regulations governing the granting of such exceptions, and the rules and regulations shall be uniformly applied by the commissioner to all state agencies requesting an exception to the standards.
50-5-34. Any state agency requiring any administrative space shall apply therefor to the department on forms prescribed by the department for such purpose; and the department shall assign the space to the agency in conformity with the standards governing the utilization of administrative space promulgated pursuant to Code Section 50-5-33 and requirement of cost effectiveness and decentralization.
50-5-35.

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For purposes of cost effectiveness and decentralization, the following factors, among other factors, shall be considered:
(1) Dual location of programs within a city should be considered in order to take advantage of possible economies of scale and as a matter of convenience to the general public; or (2) When all factors are reasonably equivalent, preferences will be given to location of state government programs and facilities in those counties which are determined by the Department of Community Affairs to be the most economically depressed, such term shall mean those 80 counties of the state designated as 'less developed' under the Job Tax Credit Program.
50-5-36. The commissioner is authorized and directed to promulgate rules and regulations governing budgetary requirements for administrative space utilized by state agencies whereby the agencies shall be accountable in the budgetary process for administrative space assigned to and utilized by them. The budgetary requirements may provide for the payment of rent to the department by state agencies or may otherwise provide procedures for the assessment of rent charges for administrative space utilized by state agencies or any combination of the foregoing.
50-5-37. In addition to the standards and rules and regulations specifically provided for by this article, the commissioner is authorized to adopt such other rules and regulations as may be required to carry out this article efficiently and effectively.
50-5-38. The commissioner shall be authorized to employ such personnel as may be necessary to carry out this article effectively.
50-5-39. This article shall be liberally construed so as to effectuate the purposes and the intent of the General Assembly."
SECTION 2. Said title is further amended by striking paragraph (4) of Code Section 50-9-2, relating to definitions with respect to the Georgia Building Authority, and inserting in its place a new paragraph (4) to read as follows:
"(4) 'Project' means and includes one or a combination of two or more of the following: buildings and facilities intended for use as offices and related uses and all structures, including electric, gas, steam, and water utilities and facilities of every kind and character deemed by the authority necessary or convenient for the efficient operation of any department, board, commission, or agency of the state. Without limiting the foregoing and without further determination of necessity or convenience,

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the word 'project' also means and includes child care and child development centers; public parks and public parking facilities adjacent to the state capitol other than the facilities within or connected to state owned or state leased buildings; a parking facility on the 'Old Incinerator' site acquired in 1983 by the State of Georgia from the City of Atlanta in Fulton County, Georgia; an executive mansion and buildings, structures, and facilities of every kind and character for use in conjunction with the mansion regardless of whether the buildings, structures, and facilities are physically connected with such mansion; and a Department of Transportation laboratory and buildings, structures, and facilities of every kind and character for use in conjunction with the laboratory, regardless of whether the buildings, structures, and facilities are physically connected with the laboratory, provided that the buildings, structures, and facilities are built and constructed on property owned by the Department of Transportation at Forest Park, Georgia."
SECTION 3. Said title is further amended by striking Code Section 50-9-3, relating to the creation of the Georgia Building Authority, and inserting in its place a new Code Section 50-9-3 to read as follows:
"50-9-3. There is created a body corporate and politic to be known as the Georgia Building Authority which shall be deemed to be an instrumentality of the state and a public corporation, and by that name, style, and title the body may contract and be contracted with, implead and be impleaded, and bring and defend actions in all courts. The authority shall consist of the Governor, the state auditor, Lieutenant Governor, Commissioner of Agriculture, and an appointee of the Governor who is not the Attorney General the same persons who comprise the State Properties Commission. Each member shall serve under the same terms and conditions as provided for in Code Section 50-16-32. The state property officer appointed by the Governor pursuant to Code Section 50-16-35 shall serve as executive director of the authority. The authority shall elect one of its members as chairman and a secretary and treasurer who need not necessarily be a member of the authority. Three members of the authority shall constitute a quorum. No vacancy on this authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. The members of the authority shall not be entitled to compensation for their services but shall be entitled to and shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The authority shall make rules and regulations for its own government. It shall have perpetual existence. Any change in name or composition of the authority shall in no way affect the vested rights of any person under this article and Article 2 of this chapter nor impair the obligations of any contracts existing under this article and Article 2 of this chapter."
SECTION 4. Said title is further amended by striking Code Section 50-9-4, relating to the assignment

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of the Georgia Building Authority for administrative purposes, and inserting in its place a new Code Section 50-9-4 to read as follows:
"50-9-4. The authority is assigned to the Department of Administrative Services State Properties Commission for administrative purposes only as prescribed in Code Section 50-4-3."
SECTION 5. Said title is further amended by striking Code Section 50-9-5, relating to the general powers of the Georgia Building Authority, and inserting in its place a new Code Section 50-9-5 to read as follows:
"50-9-5. The authority shall have the powers:
(1) To have a seal and alter the same at pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation, in accordance with any and all laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or disposal of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this chapter except from the funds provided under the authority of this chapter; and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the action or proceeding as may be just to the authority and to the owners of the property to be condemned. No property shall be acquired under this chapter upon which any lien or other encumbrance exists unless at the time such property is so acquired a sufficient sum of money is deposited in trust to pay and redeem the fair value of the lien or encumbrance; and if the authority shall deem it expedient to construct any project on lands which are a part of the real estate holdings of the state, the Governor is authorized to execute for and on behalf of the state a lease of the lands to the authority for such parcel or parcels as shall be needed for a period not to exceed 50 years. If the authority shall deem it expedient to construct any project on any other lands the title to which shall then be in the state, the Governor is authorized to convey, for and in behalf of the state, title to such lands to the authority; (4) To appoint and select officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their compensation and to serve as financial adviser and agent to other state authorities; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired; and any and all political subdivisions, departments, institutions, or agencies of the

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state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable. Without limiting the generality of the above, authority is specifically granted to any department, board, commission, agency, or appellate court of the state to enter into contracts and lease agreements for the use or concerning the use of any structure, building, or facilities or a combination of any two or more structures, buildings, or facilities of the authority for a term not exceeding 50 years; and any department, board, commission, or agency of the state may obligate itself to pay an agreed sum for the use of the property so leased and also to obligate itself as part of the lease contract to pay the cost of maintaining, repairing, and operating the property leased from the authority; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in Code Section 50-9-2, to be located on property owned by or leased by the authority, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority or from such proceeds and any grant from the United States or any agency or instrumentality thereof; (7) To accept loans or grants of money or materials or property of any kind from the United States or any agency or instrumentality thereof upon such terms and conditions as the United States or the agency or instrumentality may impose; (8) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose and to provide for the payment of the same and for the rights of the holders thereof; (9) To operate and cause to be operated railroad excursions between and in the vicinity of stated places of public interest, provided that a right of use has been obtained by the authority before private property is used in such purpose; to make contracts with all public and private individuals and entities for the purpose thereof; to purchase, rent, lease, sell, and otherwise acquire and dispose of personal property and real property for such purposes; to apply for licenses, permissions, regulatory approvals, and the like; and to do all other things necessary or convenient to carry out such power; (9.1) To operate and cause to be operated one or more child care or child development centers; to make contracts with public and private individuals and entities for the operation of such center or centers; to purchase, rent, lease, sell, or otherwise acquire and dispose of personal and real property for the operation of such center or centers; and to apply for and obtain all such licenses, permissions, regulatory approvals, and similar matters for the operation of such center or centers; (10)(9) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this state; and (11)(10) To do all things necessary or convenient to carry out the powers expressly given in this chapter."
SECTION 6.

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Said title is further amended by repealing in its entirety Article 6 of Chapter 9, relating to the inventory of state buildings which reads as follows:
"ARTICLE 6
50-9-110. As used in this article, the term:
(1) 'Authority' means the Georgia Building Authority. (2) 'State' means the State of Georgia and any of its offices, agencies, authorities, departments, commissions, boards, divisions, instrumentalities, and institutions but does not include counties, municipalities, school districts, other units of local government, hospital authorities, or housing and other local authorities. (3) 'State building' means a building owned by the state or under the custody or control of the state or insured by the program of self-insurance established under Code Sections 50-16-8 through 50-16-11. (4) 'State entity' means either of the entities listed in paragraph (2) of this subsection.
50-9-111. (a) Beginning July 1, 1999, each state entity shall compile information on all state buildings under the custody or control of such state entity necessary for the compilation of an inventory of all state owned or leased buildings; provided, however, that all improvements acquired for public works that will ultimately be disposed of are excluded from the requirements of this article. On or before October 1, 1999, and as changes occur, but by no later than such date annually, each state entity shall send such information to the authority. The authority shall compile the information in an electronic format and produce a report to the chairperson of the State Institutions and Property Committee of the Georgia House of Representatives and to the chairperson of the Finance and Public Utilities Committee of the Georgia Senate. (b) The inventory shall be accomplished by the completion of a form for each state building under the custody or control of such state entity. The form shall be designed and promulgated by the authority. (c) The inventory required by subsection (a) of this Code section shall include, as a minimum, the following:
(1) The name of the building or another description identifying the building; (2) The location of the building; (3) The name of the building manager or, in the case of a state building which is leased to a tenant who is responsible for the operation of the building, the tenant or the tenants building manager; (4) The square footage of the building; (5) Information as to whether such building is currently in use by the state entity or is being leased to a private tenant by such state entity; (6) The nature of the use of the building at the time inventory is made;

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(7) Estimation of the buildings fair market value or replacement value at the time inventory is made, and if the building is leased to a private tenant who is responsible for the operation of the building, an estimation of the fair market value of the building at the time the lease agreement was executed; (8) Information on major building components, such as electrical, mechanical, structural, roof, elevators, escalators, underground storage tanks, emergency generators, boilers, and life safety systems, and their estimated expected life; (9) Information on the age of the building and its historic significance, if any; (10) Information on the accessibility of the building and grounds; (11) Information on energy consumption and utility connections and usage; and (12) Other information required by the authority, the chairperson of the State Institutions and Property Committee of the Georgia House of Representatives, or the chairperson of the Finance and Public Utilities Committee of the Georgia Senate."
SECTION 7. Said title is further amended by adding a new paragraph immediately following paragraph (1) of Code Section 50-16-31, relating to the definitions regarding the State Properties Code, to be designated paragraph (1.1), to read as follows:
"(1.1) 'Administrative space' means any space, whether existing or to be constructed, that is required by a state entity for office, storage, or special purposes and that is required for the core mission of such state entity. In order to be required, the space must be necessary for and utilized in either:
(A) The performance of the duties that the state entity is obligated by law to perform; or (B) The delivery of the services that the state entity is authorized or required by law to provide."
SECTION 8. Said title is further amended by adding a new paragraph immediately following paragraph (3) of Code Section 50-16-31, relating to the definitions regarding the State Properties Code, to be designated paragraph (3.1), to read as follows:
"(3.1) 'Entities' or 'entity' means any and all constitutional offices, as well as all authorities, departments, divisions, boards, bureaus, commissions, agencies, instrumentalities, or institutions of the state."
SECTION 9. Said title is further amended by striking Code Section 50-16-32, relating to creation, membership, and organization of the State Properties Commission, and inserting in its place a new Code Section 50-16-32, to read as follows:
"50-16-32. (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 seven members and be composed of the Governor; the Secretary of State; the state

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accounting officer; one citizen appointed by the Governor for terms ending on April 1 in each odd-numbered year; the director of the Office of Treasury and Fiscal Services; the state auditor; three citizens one citizen appointed by the Speaker of the House of Representatives for terms ending on April 1 in each odd-numbered year; and three citizens one citizen 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 state accounting officer shall be its vice chairperson, and the Secretary of State shall be its secretary. Six Four 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 four 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. (c) Meetings shall be held on the call of the chairman chairperson, vice-chairman vice chairperson, or two commission members whenever necessary to the performance of the duties of the commission. Minutes or transcripts shall be kept of all meetings of the commission and in the minutes or transcripts there shall be kept a record of the vote of each commission member on all questions, acquisitions, transactions, and all other matters coming before the commission. The secretary shall give or cause to be given to each commission member, not less than three days prior to the meeting, written notice of the date, time, and place of each meeting of the commission. (d) The commission shall adopt a seal for its use and may adopt bylaws for its internal government and procedures. (e) Members of the commission who are also state officials shall receive only their traveling and other actual expenses incurred in the performance of their official duties as commission members. Citizen members shall receive the same expense allowance per day as that received by a member of the General Assembly for each day any such member of the commission is in attendance at a meeting or carrying out official duties of the commission inside or outside the state, plus reimbursement for actual transportation costs while traveling by public carrier or the legal mileage rate for the

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use of a personal automobile inside or outside the state while attending meetings or carrying out their official duties as members of the commission. (f) The commission shall receive all assets of and the commission shall be responsible for any contracts, leases, agreements, or other obligations of the Department of Administrative Services under the former provisions of Article 2 of Chapter 5 of this title, the 'State Space Management Act of 1976.' The commission is substituted as a party to any such contract, agreement, lease, or other obligation and the same responsibilities respecting such matters as if it had been the original party and is entitled to all prerogatives, benefits, and rights of enforcement by the commissioner of administrative services and Department of Administrative Services. Appropriations and other funds of the Department of Administrative Services encumbered, required, or held for functions transferred to the commission shall be transferred to the commission 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 Administrative Services for such transferred functions shall likewise be transferred to the commission. Upon the effective date of this Code section, all personnel positions authorized by the Department of Administrative Services in fiscal year 2006 for such functions shall be transferred to the commission, and all employees of the department whose positions are transferred by the Department of Administrative Services to the commission shall become employees of the commission in the unclassified service as defined by Code Section 45-20-6."
SECTION 10. Said title is further amended by striking Code Section 50-16-33, relating to assignment of the State Properties Commission to the Department of Administrative Services, and inserting in its place a new Code Section 50-16-33 to read as follows:
"50-16-33. The State Properties Commission is assigned to the Department of Administrative Services for administrative purposes only as prescribed in Code Section 50-4-3 Reserved."
SECTION 11. Said title is further amended the striking paragraph (17) of Code Section 50-16-34, relating to the providing or performing of acquisition related services to or for state agencies, state authorities, and other instrumentalities of the state, and inserting in its place a new paragraph (17) of Code Section 50-16-34 to read as follows:
"(17) Provide or perform acquisition related services to or for state agencies, state authorities, and other instrumentalities of the state all state entities."
SECTION 12. Said title is further amended by striking subsection (a) of Code Section 50-16-35, relating to the employment of personnel by the State Properties Commission and the authority

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and duties of the executive director, and inserting in its place a new subsection (a) to read as follows:
"(a)(1) The Governor shall appoint a state property officer who shall serve as the executive director of the commission. The state property officer shall:
(A) Advise the Governor on opportunities to achieve the goal of state-wide real property management; (B) Develop policies and procedures for state-wide real property management; (C) Maintain a state-wide real property management system that has consolidated real property, building, and lease information for state entities; (D) Develop and maintain a centralized repository of comprehensive space needs for all state entities including up-to-date space and resource utilization, anticipated needs, and recommended options; (E) With the advice and counsel of state entities, board members, and industry groups, provide state-wide policy leadership, recommending legislative, policy, and other similar changes and coordinating master planning to guide and organize capital asset management; (F) As needed, secure portfolio management expertise to accomplish the desired policy outcomes; (G) Seek the cooperation of all state entities to increase the effectiveness of the portfolio management approach; and (H) Provide assistance to all entities in achieving space and real property reporting requirements, in accordance with state law, in the acquisition and disposition of real property and leases, and in evaluating compliance and operational practices. (2) The commission is authorized to employ an executive director and such other employees, on either a full-time or part-time basis, as may be necessary to discharge the duties of the commission. The executive director shall supervise and conduct the activities of the commission under the commissions direction. Unless the commission or chairman chairperson otherwise directs, the executive director may execute and attest on behalf of the commission any instrument in furtherance of an activity authorized by the commission. Unless the commission, chairman chairperson, or secretary otherwise instructs, the executive director may report the minutes of the commission, keep and affix its seal, attest its instruments, and keep and certify its records."
SECTION 13. Said title is further amended by striking Code Section 50-16-38, relating to the acquisition by all state agencies of real property through the State Properties Commission, the procedure for handling acquisition requests, and funds for acquisitions, and inserting in its place a new Code Section 50-16-38, to read as follows:
"50-16-38. (a) Except for all acquisitions of real property by the Department of Transportation and the Board of Regents of the University System of Georgia, and except for the Department of Natural Resources acquiring by gift parcels of real property, not

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exceeding three acres each, to be used for the construction and operation thereon of boat-launching ramps, and except for acquisitions of real property by the Department of Technical and Adult Education in connection with student live work projects funded through moneys generated as a result of the sale of such projects, donations, or student supply fees, and except for acquisitions of real property by the commission resulting from transfers of custody and control of real property to the commission by executive order of the Governor or by Act or resolution of the General Assembly, and except as otherwise provided by law, and except as otherwise required by the nature of the transaction conveying real property to the state or any entity thereof:
(1) All all state agencies entities shall acquire real property through the commission; and (2) The title to all real property acquired shall be in the name of the state, except for state authorities which shall hold title in their own name. The conveyance shall have written or printed in the upper right-hand corner of the initial page thereof the name of the state entity for which acquired who is the custodian thereof. (b) The commission is authorized to establish, and amend when the commission deems it necessary, a procedure to facilitate the handling by the commission of requests for acquisition of real property. (c) The state agency entity requesting acquisition of real property shall provide all of the funds necessary to acquire the real property."
SECTION 14. Said title is further amended by striking Code Section 50-16-41, relating to rental agreements without competitive bidding authorized and limitations, and inserting in its place a new Code Section 50-16-41, to read as follows:
"50-16-41. (a) Notwithstanding any provisions and requirements of law to the contrary and particularly notwithstanding the requirements of Code Section 50-16-39, the commission is authorized to negotiate, prepare, and enter into in its own name rental agreements whereby a part of the property is rented, without public competitive bidding, to a person for a length of time not to exceed one year and for adequate monetary consideration (in no instance to be less than a rate of $250.00 per year), which shall be determined by the commission, and pursuant to such terms and conditions as the commission shall determine to be in the best interest of the state. The same property or any part thereof shall not be the subject matter of more than one such rental agreement to the same person unless the commission shall determine that there are extenuating circumstances present which would make additional one-year rental agreements beneficial to the state; provided, however, the same property or any part thereof shall not after April 24, 1975, be the subject matter of more than a total of three such one-year rental agreements to the same person. (b) The commission is given the authority and charged with the duty of managing the utilization of administrative space by all state entities, except that the Board of Regents of the University System of Georgia and the Georgia Department of Labor may manage

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their own space but only for leases that are within the State of Georgia and required for their core mission. The commission shall manage in a manner that is the most cost efficient and operationally effective and which provides decentralization of state government. Such management shall include the authority to assign and reassign administrative space to state entities based on the needs of the entities as determined by standards for administrative space utilization promulgated by the commission pursuant to subsection (g) of this Code section and shall include the obligation to advise the Office of Planning and Budget and state entities of cost-effective, decentralized alternatives. (c) The management of the utilization of administrative space by the commission shall include entering into any necessary agreements to rent or lease administrative space, whether existing or to be constructed, and shall include administrative space rented or leased by a state entity from the Georgia Building Authority or from any other public or private person, firm, or corporation. When it becomes necessary to rent or lease administrative space, the space shall be rented or leased by the commission and assigned to the state entity or entities requiring the space. (d) If the commission reassigns all or any portion of any administrative space which is leased or rented by one state entity to another state entity, the state entity to which the administrative space is reassigned shall pay to the commission rental charges, as determined by the commission, for the utilization of the space; and the commission shall, in turn, use the rental charges so paid for the purpose of paying or partially paying, as the case may be, the rent or lease payments due the lessor of the administrative space in accordance with the terms of the lease or rent contract existing at the time of the reassignment of the administrative space. Any such payments to a lessor by the commission shall be on behalf of the state entity which is the lessee of the administrative space reassigned as provided in this Code section. (e) The management of the utilization of administrative space given to the commission by this Code section shall not be construed to impair the obligation of any contract executed before July 1, 1976, between any state entity and the Georgia Building Authority or between any state entity and any other public or private person, firm, or corporation; and the powers given to the commission by this Code section shall not be implemented or carried out in such a manner as to impair the obligation of any such contract. (f) The commission is authorized and directed to develop and promulgate standards governing the utilization of administrative space by all state entities which require emphasis on cost effectiveness and decentralization. The standards shall be uniformly applied to all state entities except as otherwise provided by subsection (g) of this Code section, but the standards shall recognize and provide for different types of administrative space required by the various state entities and the different types of administrative space that may be required by a single state entity. (g) The commission shall be authorized to reassign administrative space to the various state entities in order to bring the utilization of administrative space into conformity with the standards promulgated under subsection (f) of this Code section. Any

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additional administrative space required by a state entity shall be approved by and obtained through the commission. The commission shall be authorized to grant exceptions to the standards governing the utilization of administrative space when the reassignment of such space would involve unnecessary expenses or the disruption of services being provided by a state entity. The commission shall adopt and promulgate rules and regulations governing the granting of such exceptions, and the rules and regulations shall be uniformly applied by the commission to all state entities requesting an exception to the standards. (h) For purposes of cost effectiveness and decentralization, the following factors, among other factors, shall be considered:
(1) Dual location of programs within a city should be considered in order to take advantage of possible economies of scale and as a matter of convenience to the general public; or (2) When all factors are reasonably equivalent, preferences will be given to location of state government programs and facilities in those counties which are determined by the Department of Community Affairs to be the most economically depressed, meaning those 71 tier 1 counties of the state designated as least developed under paragraph (2) of Code Section 48-7-40. (i) The commission is authorized and directed to promulgate rules and regulations governing budgetary requirements for administrative space utilized by state entities in cooperation with the Office of Planning and Budget whereby the entities shall be accountable in the budgetary process for administrative space assigned to and utilized by them. The budgetary requirements may provide for the payment of rent to the commission by state entities or may otherwise provide procedures for the assessment of rent charges for administrative space utilized by state entities or any combination of the foregoing. (j) In addition to the standards and rules and regulations specifically provided for by this Code section, the commission is authorized to adopt such other rules and regulations as may be required to carry out this Code section efficiently and effectively."
SECTION 15. Said title is further amended by striking Part 1 of Article 6 of Chapter 16, relating to inventory of real property, and inserting in its place a new Part 1 to read as follows:
"Part 1
50-16-120. As used in Code Section 50-16-121 this part, the term:
(1) 'Entities' or 'entity' means any and all constitutional offices, as well as all authorities, departments, divisions, boards, bureaus, commissions, agencies, instrumentalities, or institutions of the state.

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(1)(2) 'Real property' means any improved or unimproved real property owned by the state and under the jurisdiction of any state official, department, board, bureau, commission, or other state agency, except public road, street, and highway rights of way owned by the Department of Transportation. The words 'real property' also mean real property owned by the following public corporations: the Georgia Building Authority, the Georgia Building Authority (Hospital), the Georgia Building Authority (Markets), the Georgia Building Authority (Penal), the Georgia Education Authority (University), the Georgia Ports Authority, the Jekyll Island--State Park Authority, the Stone Mountain Memorial Association, and the Board of Regents of the University System of Georgia entity. (2) 'Department' means any state official, department, board, bureau, commission, or other state agency having real property under its jurisdiction. (3) 'Public corporation' means the public authorities listed in paragraph (1) of this Code section, the Stone Mountain Memorial Association, and the Board of Regents of the University System of Georgia. (3) 'State' means the State of Georgia and any of its offices, agencies, authorities, departments, commissions, boards, divisions, instrumentalities, and institutions but does not include counties, municipalities, school districts, other units of local government, hospital authorities, or housing and other local authorities. (4) 'State facility' means a building owned by the state or under the custody or control of the state or insured by the program of self-insurance established under Code Sections 50-16-8 through 50-16-11. (5) 'State lease' means a lease or rental agreement entered into by a state entity for a definite period of time for the use by a state entity of real property or facilities or a lease of state real property or state facilities by a state entity for use by another party.
50-16-121. (a) All departments and public corporations state entities are directed to maintain at all times a complete current inventory of real property under their jurisdiction. The inventory shall be accomplished by the completion of a form, substantially as follows, for each parcel of real property held by such departments and public corporations:
REAL PROPERTY INVENTORY
Date: _____________________ (Date form completed)
(1)StateEntityDepartment:________________________________________________ (Board, bureau, commission, department, official, or other agency)
(2) Grantor: ___________________________________________________________ (Exactly as it appears on instrument)
(3) Grantee: ___________________________________________________________ (Exactly as it appears on instrument)
(4) Date of instrument: __________________________________________________

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(5) Acreage:___________________________________________________________ (6) Records, office of the clerk, Superior Court __________ County (a) Deed Book ______ Folio ______ (b) Plat or Map Book ______ Folio ______ (7) Location of property: County __________ City __________ Street address, if applicable, and if not, brief directions to property_____________________________ (8) Type of instrument: (a) Warranty deed ( ), (b) Quitclaim deed ( ), (c) Eminent domain, deed executed ( ), (d) Trustees deed ( ), (e) Administrators or Executors deed ( ), (f) Simple deed, no warranty ( ), (g) Lease ( ), (h) Use permit ( ), (i) Resolution of General Assembly ( ), (j) Deed of gift ( ). (9) Kind of conveyance: (a) Fee simple ( ), (b) Other ( ), state terms and conditions _____________________________________________________________________ (10) If acquired by eminent domain by court order and no deed was executed: (a) Name of principal defendant _______________________, (b) Case number ______, (c) Date of final judgment ______________ (11) Location of original deed ____________________________________________ (12) Is property surplus? _________________________________________________ (13)Purchase price of property ____________________________________________ (14)Purchased with (a) State funds? ______, (b) Federal funds? ______ (Show percent state & federal) (15)Estimated present value: (a) Land ______________ (b) Improvements ______________ (16) Insured for: $__________ with ________________________ Ins. Co. (17)Present use ________________________________________________________ Name of person completing form __________________________________________ Title ______________________ Signature ______________________ (b) The inventory required by subsection (a) of this Code section shall be maintained current at all times. It shall be the duty of each department and public corporation state entity to file a duplicate of the inventory with the State Properties Commission; and the State Properties Commission shall compile and index all such inventories into a single complete inventory of all real property, but the State Properties Commission shall maintain separate files on the property belonging to the public corporations. It shall be the further duty of each department and public corporation state entity to file with the State Properties Commission a duplicate of each form or other document, as provided in subsection (c) of this Code section, completed by such department or public corporation state entity in maintaining the inventory of the department entity current; and the State Properties Commission shall utilize such forms or other documents to maintain the complete inventory of all real property current. (c) The State Properties Commission is authorized to devise such forms or other documents as may be necessary to keep the complete inventory of real property current; and it shall be the duty of each department and public corporation state entity to utilize such forms and documents as directed by the State Properties Commission. (d) The real property inventory form provided in subsection (a) of this Code section shall be completed for each parcel of real property acquired by each department and

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public corporation state entity. The form shall be completed within 30 days after the acquisition of any real property and a duplicate of same shall be forwarded to the State Properties Commission.
50-16-122. (a) As used in this Code section, the term:
(1) 'Real real property' means any real property owned by the state and under the custody of any state official, department, board, bureau, commission, or other state agency entity, except public road, street, and highway rights of way and other real property held by the Department of Transportation pursuant to Ga. L. 1919, p. 242, art. 5, Section 5, as amended by Ga. L. 1922, p. 176, Section 1; Ga. L. 1939, p. 188, Section 1; Ga. L. 1945, p. 258, Section 1; and Ga. L. 1953, Jan.-Feb. Sess., p. 421, Section 1. Also expressly excluded from the meaning of 'real property,' as used in this Code section, is all real property held by the Board of Regents of the University System of Georgia and owned by the following public corporations: the Georgia Building Authority, the Georgia Building Authority (Hospital), the Georgia Building Authority (Markets), the Georgia Building Authority (Penal), the Georgia Education Authority (University), the Georgia Ports Authority, the Jekyll Island--State Park Authority, and the Stone Mountain Memorial Association. (2) 'Department' means any state official, department, board, bureau, commission, or other state agency having custody of state owned real property. (b) All real property, the ownership of which is either acquired or disposed of by the state or any department state entity thereof after March 30, 1990, shall be subject to the following requirements: (1) Except as otherwise provided by law and except as otherwise required by the nature of the transaction conveying real property to the state or any department thereof, the title to all real property acquired shall be in the name of the state; but the conveyance shall have written or printed thereon in the upper right-hand corner of the initial page thereof the name of the department for which acquired who is the custodian thereof; (2) (1) The original of any conveyance acquiring real property shall be filed in the office of the State Properties Commission within 30 days after being recorded in the office of the clerk of the superior court of the county or counties wherein the real property is located. When the conveyance is presented to the State Properties Commission for filing, it shall be accompanied by four copies of the recorded plat of the real property conveyed. The State Properties Commission shall index and affix both the commissions stamp and the assigned real property inventory number on the recorded original of the conveyance and all copies of the recorded plat and shall retain the recorded original of the conveyance and two copies of the recorded plat as a part of the permanent real property inventory records kept by such commission; but an exact copy of the recorded original of the conveyance shall be produced by the State Properties Commission and, along with a copy of the recorded plat, forwarded by such commission to the department state entity acquiring the real property;

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(3)(2) When real property is acquired by eminent domain and is conveyed to the state by court order or judgment, following recording of the court order or judgment in the deed book records in the office of the clerk of the superior court of the county or counties wherein the real property is located, a certified copy of the recorded court order or judgment, along with four copies of the recorded plat of the real property conveyed, shall be filed in the office of the State Properties Commission. The State Properties Commission shall index and affix both the commissions stamp and the assigned real property inventory number on the certified copy of the recorded court order or judgment and all copies of the recorded plat and shall retain the certified copy and two copies of the recorded plat as a part of the permanent real property inventory records kept by such commission; but an exact copy of the certified copy of the recorded court order or judgment shall be produced by the State Properties Commission and, along with a copy of the recorded plat, forwarded by such commission to the department state entity acquiring the real property; (4)(3)(A) The original of any fully executed conveyance disposing of real property, except an Act or Resolution Act of the General Assembly, shall be filed in the office of the State Properties Commission before being delivered to the purchaser thereof for recording in the office of the clerk of the superior court of the county or counties wherein the real property is located. When the conveyance is presented to the State Properties Commission for filing, it shall be accompanied by four copies of the plat of the real property conveyed. Though it is encouraged, it is not required that the plat be either already recorded in or eligible to be recorded in the plat book records in the office of the clerk of the superior court of the county or counties wherein the real property is located. The commission shall index and affix both the commissions stamp and the assigned real property inventory number on the original of the conveyance and all copies of the plat. The State Properties Commission shall then cause the conveyance to be duplicated. The duplicate of the conveyance and two copies of the plat shall be retained by the State Properties Commission as a part of the permanent real property inventory records kept by such commission. The original of the conveyance and a copy of the plat shall be delivered to the purchaser of the real property. Upon receiving the original of the conveyance and a copy of the plat, the purchaser of the real property may then have the original of the conveyance and, if necessary and eligible for recording, the copy of the plat recorded in the office of the clerk of the superior court of the county or counties wherein the real property is located.
(B) The General Assembly may vary or authorize the variance of the requirements of subparagraph (A) of this paragraph in any enactment, including an Act or Resolution Act, authorizing or directing a disposition of real property; and (5)(4) When real property is conveyed by an Act or Resolution Act of the General Assembly, the State Properties Commission shall obtain from the office of the Secretary of State a certified copy of the Act or Resolution Act and retain the same as a part of the permanent real property inventory records kept by such commission. As a part of such retention, the State Properties Commission shall index and affix both

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the commissions stamp and the assigned real property inventory number on the certified copy of the Act or Resolution Act. (c) The documents which are required to be maintained by the State Properties Commission as a part of the permanent real property inventory records kept by such commission, as provided by paragraphs (2) through (5) of subsection (b) of this Code section, shall be used by the State Properties Commission in such manner as it shall determine best in maintaining the real property inventory.
50-16-123. A copy of all conveyances for the acquisition and disposition of real property held or owned by the Board of Regents of the University System of Georgia, the Georgia Building Authority, the Georgia Building Authority (Hospital), the Georgia Building Authority (Markets), the Georgia Building Authority (Penal), the Georgia Education Authority (University), the Georgia Ports Authority, the Jekyll Island--State Park Authority, and the Stone Mountain Memorial Association any state entity shall be filed with the State Properties Commission within 30 days after the conveyance in an acquisition has been recorded in the office of the clerk of the superior court in the county in which the land is located and within 30 days after the conveyance in a disposition has been dated, executed, and delivered. When real property is acquired by condemnation by the Board of Regents of the University System of Georgia, the Georgia Building Authority, the Georgia Building Authority (Hospital), the Georgia Building Authority (Markets), the Georgia Building Authority (Penal), the Georgia Education Authority (University), the Georgia Ports Authority, the Jekyll Island--State Park Authority, and the Stone Mountain Memorial Association any state entity, a certified copy of the court order vesting title in such board, association, or any such authority state entity shall be filed with the State Properties Commission within 30 days after the date of the court order.
50-16-124. Beginning July 1, 2005, each state entity shall compile information on all state facilities, real property, and state leases under the custody or control of such state entity necessary for the compilation of an inventory of all state owned or leased facilities and real property; provided, however, that all improvements acquired for public works that will ultimately be disposed of are excluded from the requirements of this part. On or before October 1, 2005, and as changes occur, but by no later than such date annually, each state entity shall send such information to the commission. The commission shall develop the format for the compilation and reporting of the inventory.
50-16-125 The State Properties Commission is authorized and directed to promulgate such rules and regulations as may be necessary to carry out this part, provided such rules and regulations are not in conflict with this part."

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SECTION 16. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by striking Code Section 34-8-90, relating to authority of the Commissioner of Labor to lease property, and inserting in its place a new Code Section 34-8-90 to read as follows:
"34-8-90. The Commissioner shall have sole authority and responsibility to negotiate for or to enter into any necessary agreements to lease any and all property needed for establishing and maintaining offices for administration of unemployment claims and tax activities and training and placement activities prescribed in the federal Social Security Act, other federal acts, and this chapter and for all other programs which the Commissioner has responsibility for administering under present and future federal laws or by contract. Reserved."
SECTION 16A. Code Section 50-16-43 of the Official Code of Georgia Annotated, relating to leasing of state owned lands, is amended by striking paragraph (1) of subsection (j) and inserting in its place a new paragraph (1) to read as follows:
"(1) A written request for a lease and a locational, dimensional, and directional sketch or a plat of survey of the proposed lease premises, prepared at the sole cost and expense of the person requesting the lease, in form and content acceptable to and approved by the commission, and showing and describing thereon the lease premises of the lease, must be received by the commission detailing therein the reason and all the particulars for the request and outlining the purpose and use to be made of any and all products derived from such dredging. If a sketch is submitted to and is approved and accepted by the commission, paragraph (4) (3) of subsection (b) of Code Section 50-16-122, relating to the requirement of the filing with the Secretary of State of a plat of survey with a conveyance disposing of real property, shall be relaxed; and the Secretary of State in such a transaction shall accept in lieu of the required plat of survey the sketch which was approved and accepted by the commission;"
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:

TUESDAY, MARCH 29, 2005

3417

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 Bryant Y Buckner, D Y Buckner, G Y Burkhalter E 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
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 Y Greene Y Hanner Y Harbin Y Hatfield Y Heard, J
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 Y 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 Y Orrock Y 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

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon E 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
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 Y Williams, R Y Wix Y 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.

Representative Abdul-Salaam of the 74th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

SB 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

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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.
The following substitute, offered by the Committee on Rules, was read and adopted:
A BILL
To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide that lands managed by the Department of Natural Resources shall be open to access and use for recreational hunting except as limited by the department for reasons of public safety or homeland security or as otherwise limited by law; to define a term; to change certain provisions relating to hunting deer with dogs; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by adding a new Code section to read as follows:
"27-1-3.1. (a) As used in this Code section, the term 'department managed lands' means those lands that the department owns or those lands over which the department holds management authority. (b) Subject to valid existing rights, department managed lands shall be open to access and use for recreational hunting except as limited by the department for reasons of public safety or homeland security or as otherwise limited by law. (c) The department shall exercise its authority, consistent with subsection (b) of this Code section, in a manner to support, promote, and enhance recreational hunting opportunities to the extent authorized by law. The department shall not be required to give preference to hunting over other uses of department managed lands or over land or water management priorities established by state law. (d) To the greatest practical extent, department land management decisions and actions shall not result in any net loss of land acreage available for hunting opportunities on department managed lands that exists on the effective date of this Code section."
SECTION 2. Said title is further amended by striking subsection (c) of Code Section 27-3-17, relating to hunting deer with dogs, and inserting in lieu thereof the following:
"(c) It shall be unlawful for any person to hunt deer with dogs on any tract of real property unless a permit for hunting deer with dogs has been issued by the department

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3419

for such tract to the owner or owners of such tract or the lessee of deer hunting rights for such tract. A permit for hunting deer with dogs shall not be issued to a lessee of deer hunting rights for any tract of real property that is less than 1,000 contiguous acres or to the property owner or owners for any tract of real property that is less than 250 contiguous acres. Any application for a permit for hunting deer with dogs shall be on such form as prescribed by the department; shall be accompanied by the required application fee; and shall include a written description of the tract boundaries and a map showing key features such as public roads or streams on or bordering the tract and occupied dwellings on adjacent properties. The application must be signed by all persons owning any portion of the tract of real property or an authorized agent thereof. The application fee for such permit shall be $100.00 for an annual permit or $25.00 for a two-day permit."

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

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

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

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

Sailor Y Scheid Y Scott, A Y Scott, M N Setzler Y Shaw Y Sheldon E 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 N Stanley-Turner Y Stephens Y Stephenson Y Talton N Teilhet
Thomas, A.M N Thomas, B Y Tumlin N Walker Y Warren

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

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

Y Lord Y Loudermilk
Lucas Y Lunsford Y Maddox
Mangham Y Manning N Marin N 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 N Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 129, nays 31.

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

Representatives Lucas of the 139th 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.

Representative Abdul-Salaam of the 74th 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.

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.

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

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley

Y Maxwell Y May Y McCall Y McClinton Y Meadows
Millar Y Miller

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon

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3421

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

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

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 165, nays 0.

E 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 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

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

Representative Abdul-Salaam of the 74th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

SB 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 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.

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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 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 Bryant Y Buckner, D Y Buckner, G Y Burkhalter E 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

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
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 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
Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas
Lunsford Y Maddox Y Mangham Y Manning
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 N 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 Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon E 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 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 157, nays 1.

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

Representatives Abdul-Salaam of the 74th 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.

SB 287. By Senator Heath of the 31st:

TUESDAY, MARCH 29, 2005

3423

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 trade practices, so as to repeal provisions which provide that local government permits are required for the operation of movie theaters and athletic events to be held on Sundays; 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 E Anderson Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter E 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 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 N Franklin Y Freeman Y Gardner Y Geisinger
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 Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson
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 N Keown Y Kidd Y Knight
Knox 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 N Mills Y Mitchell Y Morgan N Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q N Neal Y Oliver Y O'Neal Y Orrock Y Parham Y 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

On the passage of the Bill, the ayes were 151, nays 8.

Sailor Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon E 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 N Walker Y Warren Y Watson Y Wilkinson Y Willard Williams, A Y Williams, E N Williams, R Y Wix Y Yates Richardson, Speaker

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JOURNAL OF THE HOUSE

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

Representative Abdul-Salaam of the 74th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

SB 259. By Senator Johnson of the 1st:

A BILL to be entitled an Act to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving dangerous instrumentalities and practices, so as to repeal provisions relating to the crime of discharging a firearm on Sunday; 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
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 N Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter E Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan

Y 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
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 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
Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas
Lunsford

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell N 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 Y 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 Y Shaw Y Sheldon E 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 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

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3425

Y Cole Y Coleman, B Y Coleman, T Y Cooper Y Cox

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Rice Y Roberts Y Rogers Y Royal Y Rynders

On the passage of the Bill, the ayes were 161, nays 2.

Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

Representatives Abdul-Salaam of the 74th 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.

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.

The following Committee substitute was read and adopted:

A BILL

To amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, so as to change certain provisions relating to general provisions relative to solid waste management; to change certain provisions relating to declaration of policy and legislative intent; to change certain provisions relating to definitions; to change certain provisions relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facilities and inspection of solid waste generators; to change certain provisions relating to authorization for state grants; to change certain provisions relating to tire disposal restrictions; to change certain provisions relating to yard trimming disposal restrictions; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated,

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relating to general provisions relative to solid waste management, is amended by striking subsection (a) of Code Section 12-8-21, relating to declaration of policy and legislative intent, and inserting in lieu thereof the following:
"(a) It is declared to be the policy of the State of Georgia, in furtherance of its responsibility to protect the public health, safety, and well-being of its citizens and to protect and enhance the quality of its environment, to institute and maintain a comprehensive state-wide program for solid waste management which will and to prevent and abate litter, so as to assure that solid waste facilities, whether publicly or privately operated, do does not adversely affect the health, safety, and well-being of the public and that solid waste facilities, whether publicly or privately owned, do not degrade the quality of the environment by reason of their location, design, method of operation, or other means and which, to the extent feasible and practical, makes maximum utilization of the resources contained in solid waste."
SECTION 2. Said part is further amended by striking subsection (c) of Code Section 12-8-21, relating to declaration of policy and legislative intent, and inserting in lieu thereof the following:
"(c) It is the intent of the General Assembly that every effort be undertaken to reduce on a state-wide per capita basis the amount of municipal solid waste being received at disposal facilities during fiscal year 1992 by 25 percent by July 1, 1996; provided, however, that counties and municipalities that establish an annual measurement of municipal solid waste being received at disposal facilities prior to the end of fiscal year 1992 shall be given credit for reductions achieved based on that measurement period prior to fiscal year 1992; provided, further, that municipal solid waste received at any waste to energy facility which was in operation on January 1, 1991, is exempted from this subsection."
SECTION 3. Said part is further amended in Code Section 12-8-22, relating to definitions, by inserting a new paragraph to read as follows:
"(5.1) 'Construction or demolition waste' means waste building materials and rubble resulting from construction, remodeling, repair, or demolition operations on pavements, houses, commercial buildings, and other structures. Such waste includes but is not limited to waste containing asbestos, wood, bricks, metal, concrete, wallboard, paper, cardboard, and other nonputrescible wastes associated with construction and demolition activities which have a low potential for ground-water contamination. Inert waste landfill materials approved by the board for disposal in landfills permitted by rule and regulation are also included in this definition if disposed in a construction or demolition waste landfill."
SECTION 4. Said part is further amended by striking paragraph (12) of Code Section 12-8-22, relating to definitions, and inserting in lieu thereof the following:

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3427

"(12) 'Hazardous constituent' means any substance listed as a hazardous constituent in regulations promulgated pursuant to the federal act by the administrator of the United States Environmental Protection Agency which are in force and effect on February 1, 1992 2004, codified as Appendix VIII to 40 C.F.R. Part 261 -- Identification and Listing of Hazardous Waste."
SECTION 5. Said part is further amended in Code Section 12-8-22, relating to definitions, by inserting a new paragraph to read as follows:
"(15.1) 'Litter' has the meaning provided by Code Section 16-7-42."
SECTION 6. Said part is further amended by striking paragraph (18) of Code Section 12-8-22, relating to definitions, and inserting in lieu thereof the following:
"(18) 'Municipal solid waste' means any solid waste derived from households, including garbage, trash, and sanitary waste in septic tanks and means solid waste from single-family and multifamily residences, hotels and motels, bunkhouses, campgrounds, picnic grounds, and day use recreation areas. The term includes yard trimmings, construction or demolition waste, and commercial solid waste but does not include solid waste from mining, agricultural, or silvicultural operations or industrial processes or operations."
SECTION 7. Said part is further amended by striking paragraph (5) of subsection (e) of Code Section 12-8-24, relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facilities and inspection of solid waste generators, and inserting in lieu thereof the following:
"(5) Modifications for vertical expansions issued under this Code section may be restricted in duration, but in no case shall be effective beyond July 1, 1998, for municipal solid waste landfills not having liners and leachate collection systems, other than those landfills restricted to construction or demolition waste."
SECTION 8. Said part is further amended by striking subsection (c) of Code Section 12-8-37.1, relating to authorization for state grants, and inserting in lieu thereof the following:
"(c) The corpus of the solid waste trust fund established in Code Section 12-8-27.1 may be used to make grants and loans to cities and counties, any combination of cities and counties, authorities, state agencies, or the Georgia Recycling Market Development Council for the cleanup of solid waste disposal facilities, including those used for the disposal of scrap tires; for the development and implementation of solid waste enforcement programs for the prevention and abatement of illegal dumping of solid waste, including without limitation the prevention and abatement of litter; for the funding of grants or loans, in accordance with procedures developed by the division; for

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the implementation of innovative technologies for the recycling and reuse of solid waste, including without limitation scrap tires; and for educational and other efforts to promote waste reduction, recycling, and recycling market development."
SECTION 9. Said part is further amended by striking paragraph (1) of subsection (c) of Code Section 12-8-40.1, relating to tire disposal restrictions, and inserting in lieu thereof the following:
"(c)(1) No person shall collect or transport scrap tires for the purpose of processing or disposal, process scrap tires, or purport to be in the business of collecting or transporting collecting, transporting, or processing scrap tires unless the person has a scrap tire carrier or processor permit issued by the division. For purposes of this paragraph, the term 'process scrap tires' means any method, system, or other treatment designed to change the physical form, size, or chemical content of scrap tires for beneficial use."
SECTION 10. Said part is further amended by striking paragraph (3) of subsection (h) of Code Section 12-8-40.1, relating to tire disposal restrictions, and inserting in lieu thereof the following:
"(3) The tire fees authorized in this subsection shall cease to be collected on June 30, 2005 2008. The director shall make an annual report to the House Committee on Natural Resources and the Environment and the Senate Natural Resources and Environment Committee regarding the status of the scrap tire program activities funded by the solid waste trust fund."
SECTION 11. Said part is further amended by striking subsection (k) of Code Section 12-8-40.1, relating to tire disposal restrictions, and inserting in lieu thereof the following:
"(k) The director shall be authorized to order the cessation of operation of any scrap tire carrier or processor who is found not to be operating in compliance with this part or rules adopted pursuant to this part and the seizure of all property used in such unlawful operations; provided, however, that the scrap tire carrier or processor shall be afforded a hearing within 48 hours before an administrative law judge of the Department of Natural Resources upon such order of the director."
SECTION 12. Said part is further amended by striking subsection (l) of Code Section 12-8-40.1, relating to tire disposal restrictions, and inserting in lieu thereof the following:
"(l)(1) A performance surety bond or letter of credit shall be provided to the director by a scrap tire carrier or processor prior to issuance of a permit for collecting or processing scrap tires to ensure compliance with the provisions of this part. (2) The bond or letter of credit required in this subsection shall be:
(A) Conditioned upon compliance with this part, any rules adopted pursuant to this part, and the carriers or processors permit; and

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(B) In such amount as determined by the director necessary to ensure compliance, but in any event not to exceed $10,000.00 $25,000.00. (3) Such performance bond or letter of credit shall be payable to the director and issued by an insurance company authorized to issue such bonds in this state or from a bank or other financial institution authorized to issue irrevocable letters of credit. (4) Upon a determination by the director that a scrap tire carrier or processor has failed to meet the provisions of this part, rules promulgated pursuant to this part, or its permit, the director may, after written notice of such failure: (A) Forfeit or draw that amount of such bond or letter of credit that the director determines necessary to correct the violation; (B) Expend such amount for such purposes; and (C) Require the replacement of that amount of such bond or letter of credit forfeited or drawn upon. (5) Any moneys received by the director in accordance with paragraph (4) of this subsection shall be deposited into the solid waste trust fund established in Code Section 12-8-27.1."
SECTION 13. Said part is further amended by striking subsection (a) of Code Section 12-8-40.2, relating to yard trimming disposal restrictions, and inserting in lieu thereof the following:
"(a) Effective September 1, 1996, each Each city, county, or solid waste management authority shall impose restrictions on yard trimmings which are generated in or may ultimately be disposed of in its area of jurisdiction. These restrictions shall include but are not limited to:
(1) A requirement that yard trimmings not be placed in or mixed with municipal solid waste, except at landfills restricted to construction or demolition waste; (2) A ban on the disposal of yard trimmings at municipal solid waste disposal facilities having liners and leachate collection systems or requiring vertical expansion within its jurisdiction; (3) A requirement that yard trimmings be sorted and stored for collection in such a manner as to facilitate collection, composting, or other handling; and (4) A requirement that yard trimmings be sorted and stockpiled or chipped, composted, used as mulch, or otherwise beneficially reused or recycled to the maximum extent feasible."
SECTION 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 15. 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:

Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders N Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter E 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 Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming N Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Freeman Y Gardner Y Geisinger Y Golick Y Graves, D N Graves, T Y Greene Y Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson N Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne N Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James N 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 N Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Maxwell N May Y McCall N McClinton N 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 N 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

Sailor N Scheid Y Scott, A N Scott, M Y Setzler Y Shaw Y Sheldon E 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 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 N Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 153, nays 16.

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

Representative Abdul-Salaam of the 74th 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.

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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.

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 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 E 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 N 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
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 Y Houston Y Howard Y Hudson
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 Y 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
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

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon E 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 N Watson Y Wilkinson Y Willard
Williams, A N Williams, E Y Williams, R Y Wix

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Y Cooper Y Cox

Y Hill, C Hill, C.A

Y Marin Y Martin

Y Royal Y Rynders

On the passage of the Bill, the ayes were 162, nays 3.

Y Yates Richardson,
Speaker

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

Representative Abdul-Salaam of the 74th 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.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:

Mr. Speaker:

The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:

HB 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.

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 Speaker announced the House in recess until 1:45 o'clock this afternoon.

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AFTERNOON SESSION
The Speaker called the House to order.
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 48. By Representatives Golick of the 34th, Roberts of the 154th, O`Neal of the 146th, Chambers of the 81st and Jennings of the 82nd:
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.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 355. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act providing a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, approved March 4, 1977 (Ga. L. 1977, p. 2856), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 4127), so as to change the amount of such county supplement; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 363. By Senator Smith of the 52nd:

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A BILL to be entitled an Act to provide that future elections for the office of judge of the Probate Court of Floyd 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.
The following Resolutions of the House were read:
HR 826. By Representatives Tumlin of the 38th, Manning of the 32nd, Teilhet of the 40th, Parsons of the 42nd and Wix of the 33rd:
A RESOLUTION expressing regret at the passing of Honorable Robert Edward Flournoy, Jr.; and for other purposes.
HR 827. By Representative Sheldon of the 105th:
A RESOLUTION commending Eric Skelton on becoming an Eagle Scout; and for other purposes.
HR 828. By Representative Ray of the 136th:
A RESOLUTION recognizing and commending the Student Council of Crawford County Middle School; and for other purposes.
HR 829. By Representative Jones of the 44th:
A RESOLUTION remembering and honoring the life of Eudella N. Glenn; and for other purposes.
HR 830. By Representative Fleming of the 117th:
A RESOLUTION commending the first responders, emergency medical technicians, cardiac technicians, and paramedics of Georgia and recognizing Emergency Medical Services (EMS) Week; and for other purposes.
HR 831. By Representative Parrish of the 156th:
A RESOLUTION expressing regret at the passing of Lincie Dee Lawson; and for other purposes.
HR 832. By Representative Parsons of the 42nd:

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A RESOLUTION commending Wheeler High School and recognizing its participation in the For Inspiration and Recognition of Science and Technology Robotics Competition; and for other purposes.
HR 833. By Representative Mills of the 25th:
A RESOLUTION commending and congratulating the Johnson High School Girls Varsity Basketball team; and for other purposes.
HR 834. By Representative Parsons of the 42nd:
A RESOLUTION commending the Wheeler High School basketball team; and for other purposes.
HR 835. By Representatives Buckner of the 76th, Dodson of the 75th, Barnes of the 78th, Martin of the 47th and Fludd of the 66th:
A RESOLUTION recognizing and commending the Hydrogen Fuel Cell Corridor Program at Clayton College and State University and the creation of a Workforce Training and Technology Certification Program being developed as a partnership between the United States Air Force, Georgia Institute of Technology, and Clayton College and State University; and for other purposes.
HR 836. By Representatives Reece of the 11th, Richardson of the 19th, Burkhalter of the 50th, Smith of the 70th, Hudson of the 124th and others:
A RESOLUTION recognizing and commending Honorable Mary Jeanette Jamieson; and for other purposes.
HR 837. By Representatives Day of the 163rd, Smith of the 129th, Cox of the 102nd, Neal of the 1st, Scott of the 153rd and others:
A RESOLUTION commending Major Thomas David Nations; and for other purposes.
HR 838. By Representatives Martin of the 47th and Burkhalter of the 50th:
A RESOLUTION recognizing the founding of Alpharetta High School; and for other purposes.
HR 839. By Representatives Henson of the 87th, Drenner of the 86th, Watson of the 91st, Millar of the 79th and Mangham of the 94th:

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A RESOLUTION congratulating Georgia Perimeter College; and for other purposes.
HR 840. By Representatives Murphy of the 120th and Howard of the 121st:
A RESOLUTION honoring First Baptist Church of Stapleton, Georgia, for its 100 years of service; and for other purposes.
HR 841. By Representative Powell of the 29th:
A RESOLUTION celebrating the Red Hat Society and declaring Monday, April 25, 2005, Red Hat Day in Georgia; and for other purposes.
HR 842. By Representative Powell of the 29th:
A RESOLUTION commending Dr. David R. Hopkins; and for other purposes.
HR 843. By Representatives Benfield of the 85th and Oliver of the 83rd:
A RESOLUTION honoring Sally Wylde; and for other purposes.
HR 844. By Representatives Harbin of the 118th and Fleming of the 117th:
A RESOLUTION expressing regret at the passing of U. H. Pittman, Jr.; and for other purposes.
HR 845. By Representatives England of the 108th, Benton of the 31st, Ralston of the 7th, Millar of the 79th and Bearden of the 68th:
A RESOLUTION commending Miss Jena Sims; and for other purposes.
HR 846. By Representatives Oliver of the 83rd, Benfield of the 85th, Henson of the 87th, Drenner of the 86th and Manning of the 32nd:
A RESOLUTION recognizing and honoring Emory University's Nell Hodgson Woodruff School of Nursing on the momentous occasion of its Centennial Anniversary; and for other purposes.
HR 847. By Representatives Richardson of the 19th and Keen of the 179th:
A RESOLUTION commending the House Interns for the 2005 Regular Session; and for other purposes.

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HR 848. By Representatives Smyre of the 132nd, Hugley of the 133rd, Buckner of the 130th, Smith of the 131st and Smith of the 129th:
A RESOLUTION recognizing and commending Mrs. Charlotte Hawkins Frazier; and for other purposes.
HR 849. By Representatives Brooks of the 63rd, Dean of the 59th, Orrock of the 58th, Sinkfield of the 60th, Holmes of the 61st and others:
A RESOLUTION honoring the life of Ethel Mae Mathews and expressing regret at her passing; and for other purposes.
HR 850. By Representative Rice of the 51st:
A RESOLUTION recognizing and commending Jennifer Blakey for outstanding contributions to public education in the State of Georgia; and for other purposes.
HR 851. By Representative Parrish of the 156th:
A RESOLUTION expressing regret at the passing of Ralph Tapley; and for other purposes.
HR 852. By Representatives Jackson of the 161st, Brooks of the 63rd, Bordeaux of the 162nd, Bryant of the 160th and Day of the 163rd:
A RESOLUTION congratulating Jackson Brothers Car Care Center; and for other purposes.
HR 853. By Representatives Jackson of the 161st, Brooks of the 63rd, Bordeaux of the 162nd, Bryant of the 160th and Day of the 163rd:
A RESOLUTION congratulating Dot Owens Realty, Inc.; and for other purposes.
HR 854. By Representatives Lunsford of the 110th, Scott of the 153rd, O`Neal of the 146th, Houston of the 170th, Meadows of the 5th and others:
A RESOLUTION commending the Georgia Reader's Digest National Word Power Challenge two-time state champion Billy Dorminy and recognizing the Houston County Joint Certified Literate Community Program and its director, Robert Getter; and for other purposes.

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

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

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

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

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

On the adoption of the Resolutions, the ayes were 106, nays 0.

Sailor Y Scheid Y Scott, A
Scott, M Y Setzler Y Shaw Y Sheldon E Sims, C Y Sims, F
Sinkfield E 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 Y Thomas, B Y Tumlin
Walker Warren Watson Y Wilkinson Y Willard Williams, A Y Williams, E Williams, R Wix Yates Richardson, Speaker

The Resolutions were adopted.

Representatives Heckstall of the 62nd and Lewis of the 15th 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 Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

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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 matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Representative Brown of the 69th moved that the House insist on its position in substituting SB 140.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
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 Senate substitute was read:
A BILL

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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 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.

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(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 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

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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 45-12-86, relating to required reserve of certain specified appropriations, and inserting in its place a new Code Section 45-12-86 to read as follows:
"45-12-86. (a) Except as otherwise provided in subsection (b) of this Code section, when The Governor, during the first six months of a fiscal year period in which the current revenue estimate on which appropriations are based is expected to exceed actual revenues, the Governor is authorized to require state agencies to reserve such appropriations as specified by the Governor for budget reductions to be recommended to the General Assembly at its next regular session. (b) Such authorization to require state agencies to reserve such appropriations shall not be exercised during and shall not apply during the period commencing with the first legislative day of a regular session of the General Assembly and ending on the day of such session that the General Assembly adjourns sine die."
SECTION 5. 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 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.

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(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 for funding increased K-12 needs. (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. (h) The Revenue Shortfall Reserve shall not exceed 10 percent of the previous fiscal years net revenue for any given fiscal year."
SECTION 6. 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."

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SECTION 7. 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 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.
Representative Harbin of the 118th moved that the House disagree to the Senate substitute to HB 509.
The motion prevailed.
The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:
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

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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 Senate substitute was read:
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.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "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 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

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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 (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 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 before requiring the parties or their counsel to strike a jury. From this panel, the accused shall have the right to challenge four peremptorily, defendant and the state two shall each have the right to challenge three jurors peremptorily. The defendant and the state shall exercise their challenges as provided in Code Section 15-12-166. The remaining six jurors shall constitute the jury."
SECTION 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.

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When any person stands indicted for a felony, the court shall have impaneled 30 24 jurors from which the defense and prosecution may strike jurors; provided, however, that in any case in which the state announces its intention to seek the death penalty, the court shall have impaneled 42 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 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 six of the jurors impaneled to try him or her. The state shall be allowed one-half 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 15 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

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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 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 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."

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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. (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 but in no event later than the beginning of the trial, 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 announcement of the verdict of the jury or if the defendant has waived a jury trial at the time the verdict is published by

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the court, serve upon the prosecuting attorney all 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 announcement of the verdict of the jury or if the defendant has waived a jury trial at the time the verdict is published by the court, serve upon the prosecuting attorney all reports of any physical or mental examinations and scientific tests or experiments, including a summary of the basis for the expert opinions rendered in the reports, 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 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 five days before the trial commences, serve upon the prosecuting attorney a list of witnesses that the defendant intends to call as a witness in the presentence hearing. No later than the announcement of the verdict of the jury or if the defendant has waived a jury trial at the time the verdict is published by the court, 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 unless such statement is protected from disclosure by the privilege contained in paragraph (5), (6), (7), or (8) of Code Section 24-9-21."
SECTION 13.1. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by striking subsections (a) and (b) of Code Section 24-2-3, relating to direct evidence or cross-examination of a complaining witness or other witnesses, and inserting in lieu thereof new subsections (a) and (b) to read as follows: 24-2-3. (a) In any prosecution for a violation of Code Section 16-6-1, 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 rape, evidence relating to the past sexual behavior of the complaining witness shall not be admissible, either as direct evidence or on cross-examination of the complaining witness or other witnesses, except as provided in this Code section. For the purposes of this Code section, evidence of past sexual behavior includes, but is not limited to, evidence of the complaining witness's marital history, mode of dress, general reputation for promiscuity, nonchastity, or sexual mores contrary to the community standards. (b) In any prosecution for a violation of Code Section 16-6-1, 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

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battery rape, evidence relating to the past sexual behavior of the complaining witness may be introduced if the court, following the procedure described in subsection (c) of this Code section, finds that the past sexual behavior directly involved the participation of the accused and finds that the evidence expected to be introduced supports an inference that the accused could have reasonably believed that the complaining witness consented to the conduct complained of in the prosecution.
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 impeachment, as if the witness had testified in his or her own behalf and were being cross-examined."
SECTION 16.

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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; (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.
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 ten 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, evidence of a conviction more than ten years old, as calculated herein, is not admissible

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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. 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 (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. (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 trials which commence on or after July 1, 2005.
SECTION 18. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Golick of the 34th, Ralston of the 7th and Bordeaux of the 162nd move to amend the Senate substitute to HB 170 by inserting after the semicolon on line 19 of page 1 the following:
"to change certain provisions relating to complainants past sexual behavior not admissible in rape prosecution, exceptions, and court orders;".
By striking line 9 of page 4 and inserting in lieu thereof the following:

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"When any person stands indicted for a felony, the court shall have impaneled 30 jurors".

By striking line 31 of page 4 and inserting in lieu thereof the following:

"challenge 12 nine of the jurors impaneled to try him or her. The state shall be allowed".

Representative Golick of the 34th moved that the House agree to the Senate substitute, as amended by the House, to HB 170.

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
Barnes Y Bearden E Beasley-Teague
Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges N Brooks Y Brown N Bruce
Bryant Y Buckner, D
Buckner, G Y Burkhalter E 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
Dean Y Dickson
Dodson Dollar N Drenner Dukes Ehrhart Y England E Epps Y Fleming Floyd, H Y Floyd, J N 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 N Henson Y Hill, C Hill, C.A

N Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson
Hugley Jackson Y Jacobs James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Jones, S 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 N Lucas Lunsford Y Maddox N Mangham Y Manning Y Marin Martin

On the motion, the ayes were 121, nays 16.

Y Maxwell Y May
McCall McClinton Y Meadows Y Millar Y Miller Y Mills Mitchell Morgan Morris N 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 Randall Ray 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 Y Shaw Y Sheldon Y Sims, C Y Sims, F Sinkfield E Smith, B Y Smith, L Y Smith, P Y Smith, R 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 Y Watson Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, R Wix Yates Richardson, Speaker

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The motion prevailed.
Representative Hill of the 180th 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 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.
The following Senate substitute was read:
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

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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 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 an alleged crime which arises out of the facts and circumstances relating to the commission of such alleged crime committed in this state shall be tolled from the date of the commission of the alleged crime or the act giving rise to such action in tort until the prosecution of such crime or act has become final or otherwise terminated, provided that such time does not exceed six years."
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 form:
(A) 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) 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)(1) A victim impact statement form shall: (1) Identify identify the victim of the offense and the perpetrator;. (2) A victim impact form may itemize Itemize any economic loss suffered by the victim as a result of the offense; and may:

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(3)(A) Identify any physical injury suffered by the victim as a result of the offense along with its seriousness and permanence; (4)(B) Describe any change in the victims personal welfare or familial relationships as a result of the offense; and (5) Identify any request for psychological services initiated by the victim or the victims family as a result of the offense; and (6)(C) Contain any other information related to the impact of the offense upon the victim that the court requires or the victims family that the victim wishes to include. (c) The State Board of Pardons and Paroles Prosecuting Attorneys Council of Georgia shall establish a form document which shall include the elements set forth in forms which are designed to obtain the information specified by subsection (b) of this Code section. The Prosecuting Attorneys Council of Georgia 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 maintain a copy of his address with the State Board of Pardons and Paroles and must notify the board of any change of address It shall be the duty of the prosecuting attorney or his or her designee to make such forms available to crime victims. (d) The victim may complete the a 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) If, prior to trial, the defendant engages in discussion with the prosecuting attorney for the purpose of reaching a plea agreement or other pretrial disposition of his or her case, the prosecuting attorney shall, upon the request of the defendant, The court shall, in the manner prescribed by rule of court, provide the defendant with a copy of the victim impact statement form relating to the defendants case within a reasonable time prior to any hearing at which it is to be considered and allow the defendant to have the opportunity to rebut the victims written statements such discussions. (2) If the prosecuting attorney intends to present information from a victim impact form to the court at any hearing at which sentencing or a determination of restitution will be considered by the court, the prosecuting attorney shall furnish a copy of the victim impact form to the defendant not less than five days prior to any such hearing. The defendant shall have the right to rebut the information contained in the victim impact form. (3) The court shall consider the victim impact form that is presented to the court prior to imposing a sentence or making a determination as to the amount of restitution.

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(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, 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

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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 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.

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(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 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.

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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. (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 or a jury 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

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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.
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.

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(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. (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

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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.
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.

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(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 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

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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,' 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

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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 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.

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SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

Representative Golick of the 34th moved that the House agree to the Senate substitute to HB 172.

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
Barnes Y Bearden E Beasley-Teague
Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce
Bryant Y Buckner, D Y Buckner, G Y Burkhalter E 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

Crawford Y Cummings Y Davis Y Day
Dean Y Dickson
Dodson Dollar N Drenner Dukes Ehrhart Y England E 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 Y Hanner Y Harbin Y Hatfield Y Heard, J 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
Hugley Jackson Y Jacobs James Y Jamieson Y Jenkins Y Jennings Johnson Jones, J Jones, S 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 Y Lucas Lunsford Y Maddox Mangham Y Manning Y Marin Martin

On the motion, the ayes were 134, nays 2.

Y Maxwell Y May
McCall McClinton Y Meadows Y Millar Y Miller Y Mills 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 Y 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 Y 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
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
Wix Y Yates
Richardson, Speaker

The motion prevailed.

HB 407. By Representative Golick of the 34th:

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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.
The following Senate substitute was read:
A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to authorize the Commissioner to place administrators on probation and to provide penalties against administrators for certain violations; 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 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 the selection of members of the Insurers Solvency Board; to revise the provisions of law regarding meetings, reports, and recommendations of the board; to authorize the pool to intervene in certain legal actions; to provide for the adoption of a plan for ensuring that all insurers are pool members; to provide for the contents of such plan; to provide for certain causes of action by the pool; to provide for venue; to remove assessments as a rate factor; to provide for recoupment of assessments; to provide for disposition of surplus funds; to provide for certain powers of the pool in the case of liquidations; to provide for certain presumptions when insureds do not provide certain information; to provide for the handling of covered claims; to provide for certain rights of recovery by the pool; to make certain reports and recommendations to aid in the detection and prevention of insolvencies; to provide for certain immunity; to

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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. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking subsection (g) of Code Section 33-2-24, relating to enforcement of title and rules, regulations, and orders, and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) In addition to all other penalties provided for under this title, the Commissioner shall have the authority to place any insurer, agent, broker, counselor, solicitor, administrator, or adjuster on probation for a period of time not to exceed one year for each and every act in violation of this title or of the rules and regulations or orders of the Commissioner and may subject such insurer, agent, broker, counselor, solicitor, administrator, or adjuster to a monetary penalty of up to $1,000.00 for each and every act in violation of this title or of the rules, regulations, or orders of the Commissioner, unless the insurer, agent, broker, counselor, solicitor, administrator, or adjuster knew or reasonably should have known he was in violation of this title or of the rules and regulations or orders of the Commissioner, in which case the monetary penalty provided for in this subsection may be increased to an amount up to $5,000.00 for each and every act in violation."
SECTION 2. Said title is further amended by striking subparagraph (b)(8)(C) of Code Section 33-64, relating to unfair methods of competition and unfair or deceptive acts or practices, and inserting in lieu thereof a new subparagraph (b)(8)(C) to read as follows:
"(C) Nothing in subparagraphs (A) and (B) of this paragraph shall be construed as including within the definition of discrimination or rebates any of the following practices:
(i) In the case of any contract of life insurance or life annuity, paying bonuses to policyholders or otherwise abating their premiums in whole or in part out of surplus accumulated from nonparticipating insurance, provided that any bonuses or abatement of premiums shall be fair and equitable to policyholders and for the best interest of the company and its policyholders; (ii) In the case of life or accident and sickness insurance policies issued on the industrial debit or weekly premium plan, making allowance in an amount which fairly represents the saving in collection expense to policyholders who have continuously for a specified period made premium payments directly to an office of the insurer; (iii) Making a readjustment of the rate of premium for a policy based on the loss or expense experienced at the end of the first or any subsequent policy year of

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insurance thereunder, which adjustment may be made retroactive only for the policy year; (iv) Issuing life or accident and sickness insurance policies covering bona fide employees of the insurer at a rate less than the rate charged other persons in the same class; (v) Issuing life or accident and sickness policies on a salary-saving, payroll deduction, preauthorized, postdated, automatic check, or draft plan at a reduced rate commensurate with the savings made by the use of such plan; (vi) Paying commissions or other compensation to duly licensed agents or brokers or allowing or returning dividends, savings, or unabsorbed premium deposits to participating policyholders, members, or subscribers; (vii) Paying by an insurance agent of part or all of the commissions on public insurance to a nonprofit association of insurance agents which is affiliated with a recognized state or national insurance agents association, which commissions are to be used in whole or in part for one or more civic enterprises; or (viii) Paying for food or refreshments by an insurer or an agent, broker, or employee of an insurer for 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;".
SECTION 3. Said title is further amended by adding a new subsection (e) to Code Section 33-9-36, relating to unauthorized premiums and unauthorized inducements, to read as follows:
"(e) Nothing in this Code section shall be construed as prohibiting the payment for food or refreshments by an insurer or an agent, broker, or employee of an insurer for 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."
SECTION 4. Said title is further amended by striking Code Section 33-23-17, relating to registration of nonresident representatives to represent life insurers in military installations in foreign countries, and inserting in lieu thereof a new Code Section 33-23-17 to read as follows:
"33-23-17. An individual who is not a resident of this state may be registered to represent an authorized life insurer domiciled in this state, provided such individual only represents the insurer exclusively at a United States military installation located in a foreign country. The Commissioner may, upon request of the insurer on application forms prescribed by the department and upon payment of an annual registration fee of $25.00, issue a certificate of registration to the individual. An official of the insurer shall certify to the Commissioner that the applicant has the necessary training to hold himself or herself out as a foreign life or accident and sickness insurance representative; and the official of the insurer shall further certify on behalf of his or her insurer that it is willing

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to be bound by the acts of such applicant within the scope of his or her employment and that such applicant has not had his or her privileges to solicit on or enter any United States military installation revoked, suspended, or restricted in any manner. Such certificate shall expire as of December 31 succeeding the date of its issuance unless it is terminated at an earlier time in accordance with this chapter and Chapter 2 of this title."
SECTION 5. Said title is further amended by striking paragraphs (1), (14), (20), and (21) of Code Section 33-23-21, relating to grounds for refusal, suspension, or revocation of license, and inserting in lieu thereof new paragraphs (1), (14), (20), (21), (22), and (23) to read as follows:
"(1) Has violated any provision of this title, or of any other law or regulation of this state relating to insurance, or the law or regulation of any jurisdiction, including those of a military installation, relating to the transaction of insurance;" "(14) Has failed to comply to provide documentation or records, or refused to appear:
(A) In compliance with Code Section 33-2-12 or 33-2-13; or has refused to appear or to produce records in (B) In response to a written demand by the Commissioner sent by registered or certified mail or statutory overnight delivery to the last known address of the licensee as shown in the records of the Commissioner; or (C) In support of an application for license or renewal of license upon request by the department or as otherwise required by the application or renewal;" "(20) Is not in compliance with an order for child support as defined by Code Section 19-6-28.1 or 19-11-9.3; for violations of this paragraph only, any hearing and appeal procedures conducted pursuant to such Code sections shall be the only such procedures required to suspend, deny, or revoke any license under this title; or (21) Is a borrower in default who is not in satisfactory repayment status as defined by Code Section 20-3-295; for violations of this paragraph only, any hearing and appeal procedures conducted pursuant to Code Section 20-3-295 shall be the only such procedures required to suspend, deny, or revoke any license under this title; (22) In relation to the licensees ability to transact the business of insurance, has had a license, permit, authorization, registration, or privilege refused, revoked, suspended, limited, or restricted by any federal, state, county, municipality, territory, military, or other legal authority authorized to issue licenses, permits, authorizations, registrations, or privileges to conduct business within its respective jurisdiction; otherwise has failed to comply with the legal requirements related to the license, permit, authorization, registration, or privilege; or has had other disciplinary action taken against him or her by any such lawful authority; or (23) Has failed to report to the department within 60 days of the action taken, any refusal, revocation, suspension, limitation, or restriction of any license, permit, authorization, registration, or privilege of any lawful authority referenced in subsections (18) or (22) of this Code section."

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SECTION 6. Said title is further amended by adding a new Code Section 33-23-46 to read as follows:
"33-23-46. (a) For purposes of this Code section, the term:
(1) 'Affiliate' means a person that controls, is controlled by, or is under common control with the producer. (2) 'Compensation from an insurer or other third party' means payments, commissions, fees, awards, overrides, bonuses, contingent commissions, loans, stock options, gifts, prizes, or any other form of valuable consideration, whether or not payable pursuant to a written agreement, but shall not mean de minimis gifts of less than $45.00 in value. (3) 'Compensation from the customer' shall not include:
(A) Any fee or similar expense provided in subparagraph (C) of paragraph (6) of Code Section 33-6-5; (B) Any amount or fee paid by or to the producer that does not exceed an amount established by the Commissioner; or (C) A premium or fee billed by the producer solely on behalf of an insurer. (4) 'Documented acknowledgment' means the customers written consent obtained prior to the customers initial purchase of insurance. In the case of a purchase over the telephone or by electronic means for which written consent cannot reasonably be obtained, consent documented by the producer shall be acceptable. (b)(1) Where any insurance producer licensed as counselor, as defined by this chapter, or any affiliate of such producer receives any compensation from or charges any other fee to the customer, neither that producer nor the affiliate shall accept or receive any compensation from an insurer or other third party for placement of insurance for that customer unless the producer has, prior to the customers purchase of insurance: (A) Obtained the customers documented acknowledgment that such compensation will be received by the producer or affiliate; and (B) Disclosed the amount of compensation from the insurer or other third party for that placement. If the amount of compensation is not known at the time of disclosure, the producer shall disclose in readable language the method for calculating such compensation and, if possible, a reasonable estimate of the amount. (2) Notwithstanding paragraph (1) of this subsection, an insurance producer who is not licensed as a counselor, as defined in this chapter, may not accept or receive any compensation from the customer for placement of insurance. (c) A person shall not be considered a 'customer' for purposes of this Code section if the person is merely: (1) A participant or beneficiary of an employee benefit plan; or (2) Covered by a group or blanket insurance policy or group annuity contract sold, solicited, or negotiated by the insurance producer or affiliate. (d) This Code section shall not apply to:

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(1) A person licensed as an insurance producer who acts only as an intermediary between an insurer and the producer, such as a managing general agent, a sales manager, or wholesale broker; (2) A reinsurance intermediary; (3) The renewal or any other continuation of the policy; or (4) A producer whose sole compensation for the placement is derived from commissions, salaries, and other remuneration from the insurer. (e) The Commissioner may promulgate rules and regulations as necessary to implement the provisions of this chapter."
SECTION 7. Said title is further amended by striking Code Section 33-23-100, relating to definition of administrator, and inserting in lieu thereof a new Code Section 33-23-100 to read as follows:
"33-23-100. (a) As used in this article, the term: 'administrator'
(1) 'Administrator' means any person who business entity that, directly or indirectly, collects charges, fees, or premiums from,; or who adjusts or settles claims on, including investigating or examining claims or receiving, disbursing, handling, or otherwise being responsible for claim funds; and provides underwriting or precertification and preauthorization of hospitalizations or medical treatments for residents of this state for or on behalf of any insurer, including business entities that act on behalf of multiple employer self-insurance health plans, and self-insured municipalities or other political subdivisions. in connection with life or accident and sickness insurance coverage or annuities; self-insured plans providing health, dental, or short-term disability benefits; and Licensure is also required for administrators who act on behalf of self-insured plans providing workers compensation benefits pursuant to Chapter 9 of Title 34 other than any of the following entities. For purposes of this article, each activity undertaken by the administrator on behalf of an insurer or the client of the administrator is considered a transaction and is subject to the provisions of this title. (2) 'Business entity' means a corporation, association, partnership, sole proprietorship, limited liability company, limited liability partnership, or other legal entity. (b) Notwithstanding the provisions of subsection (a) of this Code section, the following are exempt from licensure as long as such entities are acting directly through their officers and employees: (1) An employer on behalf of its employees or the employees of one or more subsidiary or affiliated corporations of such employer; (2) A union on behalf of its members; (3) An insurance company licensed in this state or its affiliate unless the affiliate administrator is placing business with a nonaffiliate insurer not licensed in this state;

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(4) An insurer which is not authorized to transact insurance in this state if such insurer is administering a policy lawfully issued by it in and pursuant to the laws of a state in which it is authorized to transact insurance; (5) A life or accident and sickness insurance agent or broker licensed in this state whose activities are limited exclusively to the sale of insurance; (6) A creditor on behalf of its debtors with respect to insurance covering a debt between the creditor and its debtors; (7) A trust established in conformity with 29 U.S.C. Section 186 and its trustees, agents, and employees acting thereunder; (8) A trust exempt from taxation under Section 501(a) of the Internal Revenue Code and its trustees and employees acting thereunder or a custodian and its agents and employees acting pursuant to a custodian account which meets the requirements of Section 401(f) of the Internal Revenue Code; (9) A bank, credit union, or other financial institution which is subject to supervision or examination by federal or state banking authorities; (10) A credit card issuing company which advances for and collects premiums or charges from its credit card holders who have authorized it to do so, provided such company does not adjust or settle claims; or (11) A person who adjusts or settles claims in the normal course of his or her practice or employment as an attorney and who does not collect charges or premiums in connection with life or accident and sickness insurance coverage or annuities; (12) A business entity that acts solely as an administrator of one or more bona fide employee benefit plans established by an employer or an employee organization, or both, for whom the insurance laws of this state are preempted pursuant to the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq.; or (13) An association that administers workers compensation claims solely on behalf of its members. (c) A business entity claiming an exemption shall submit an exemption notice on a form provided by the Commissioner. This form must be signed by an officer of the company and submitted to the department by December 31 of the year prior to the year for which an exemption is to be claimed. Such exemption notice shall be updated in writing within 30 days if the basis for such exemption changes. (d) Obtaining a license as an administrator does not exempt the applicant from other licensing requirements under this title."
SECTION 8. Said title is further amended by striking Code Section 33-23-101, relating to licensing of administrators, and inserting in lieu thereof a new Code Section 33-23-101 to read as follows:
"33-23-101. (a) No person business entity shall act as or hold himself itself out to be an administrator in this state, other than an adjuster licensed in this state for the kinds of

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business for which he it is acting as an administrator, unless such person business entity holds a license as an administrator issued by the Commissioner. The license shall be renewable for such term renewed on an annual basis and in such manner as the Commissioner may prescribe by rule or regulation. Failure to hold such license shall subject the administrator to the fines and other appropriate penalties as provided in Chapter 2 of this title. (b) An application for an administrators license or an application for renewal of such license shall be accompanied by a filing fee to be prescribed by rule or regulation of the Commissioner. (c) A license may be refused or a license duly issued may be suspended or revoked or the renewal of such license refused by the Commissioner if, after notice and hearing as provided in subsection (d) of this Code section, he the Commissioner finds that the applicant for or holder of the license:
(1) Has violated any provision of this title or of any other law of this state relating to insurance as defined in this chapter or relating to another type of insurance; (2) Has intentionally misrepresented or concealed any material fact in the application for the license; (3) Has obtained or attempted to obtain the license by misrepresentation, concealment, or other fraud; (4) Has misappropriated, converted to his or her own use, or illegally withheld money belonging to an insurer or an insured or beneficiary; (5) Has committed fraudulent or dishonest practices; (6) Has materially misrepresented the terms and conditions of insurance policies or contracts; (7) Has failed to comply with or has violated any proper order, rule, or regulation issued by the Commissioner; (8) Is not in good faith carrying on business as an administrator; or (9) Has failed to obtain for initial licensure or retain for annual renewal an adequate net worth as prescribed by order, rule, or regulation of the Commissioner; or (10) Has shown lack of trustworthiness or lack of competence to act as an administrator. (d) Before any administrators license shall be suspended or revoked or the renewal of the license refused as prescribed under this Code section, the Commissioner shall give notice of his intention to do so, by registered or certified mail or statutory overnight delivery to the applicant for or holder of the license; and the Commissioner shall set a date not less than 20 days from the date of mailing the notice when the applicant or licensee may appear to be heard and produce evidence. In the conduct of the hearing, the Commissioner or any deputy commissioner specially designated by him for that purpose shall have power to administer oaths, to require the appearance of and examine any person under oath, and to require the production of books, records, or papers relevant to the inquiry upon his own initiative or upon request of the applicant or licensee. Upon the conclusion of the hearing, findings shall be reduced to writing and, upon approval by the Commissioner, shall be filed in his office and notice of the

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findings sent by registered or certified mail or statutory overnight delivery to the applicant or licensee If the Commissioner moves to suspend, revoke, or nonrenew a license for an administrator, the Commissioner shall provide notice of that action to the administrator and the administrator may invoke the right to an administrative hearing in accordance with Chapter 2 of this title. (e) No licensee whose license has been revoked as prescribed under this Code section shall be entitled to file another application for a license within two five years from the effective date of the revocation or, if judicial review of such revocation is sought, within two five years from the date of final court order or decree affirming the revocation. The application when filed may be refused by the Commissioner unless the applicant shows good cause why the revocation of his its license shall not be deemed a bar to the issuance of a new license. (f) Any applicant whose application for an administrators license has been rejected for any reason enumerated in paragraphs (1) through (9) of subsection (a) of this Code section, upon request therefor in writing within ten days after notice of such rejection, shall be entitled to a hearing as provided for by this Code section; and the procedure set forth by this Code section shall apply to the same. (g)(f) Appeal from any order or decision of the Commissioner made pursuant to this article shall be taken as provided in Chapter 2 of this title.
(g)(1) The Commissioner shall have the authority to issue a probationary license to any applicant under this chapter. (2) A probationary license may be issued for a period of not less than three months and not longer than 12 months and shall be subject to immediate revocation for cause at any time without a hearing. (3) The Commissioner, at his or her discretion, shall prescribe the terms of probation, may extend the probationary period, or refuse to grant a license at the end of any probationary period. (h) The Commissioner may impose, by rule or regulation, additional reasonable qualifications necessary to obtain a license as an administrator. (i) An administrators license may not be sold or transferred to a nonaffiliated or otherwise unrelated party. An administrator may not contract or subcontract any of its negotiated services to any unlicensed business entity unless a special authorization is approved by the Commissioner prior to entering into a contracted or subcontracted arrangement. (j) The Commissioner may, at his or her discretion, assess a penalty or a fine against any business entity acting as an administrator without a license for each transaction in violation of this chapter. (k) A licensed administrator is not permitted to market or administer any insurance product not approved in Georgia or that is issued by a nonadmitted insurer or unauthorized multiple employer self-insured health plan."
SECTION 9. Said title is further amended by striking Code Section 33-23-102, relating to fidelity bond

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and surety of applicant, and inserting in lieu thereof a new Code Section 33-23-102 to read as follows:
"33-23-102. (a) Every applicant for an administrators license shall file with the application and shall thereafter maintain in force while so licensed a fidelity bond in favor of the Commissioner executed by a corporate surety insurer authorized to transact insurance in this state. The terms and type of the bond, including, but not limited to, total aggregate liability on the bond shall be established by the rule or regulation of the Commissioner. (b) The bond shall remain in force until the surety is released from liability by the Commissioner or until the bond is canceled by the surety. Without prejudice to any liability accrued prior to cancellation, the surety may cancel the bond upon 30 days advance notice, in writing, filed with the Commissioner. (c) Every applicant for an administrators license shall obtain and shall thereafter maintain in force errors and omissions coverage or other appropriate liability insurance, written by an insurer authorized to transact insurance in this state, in an amount of at least $100,000.00. (d) The coverage required in subsection (c) of this Code section shall remain in force for a term of at least one year and shall contain language that includes that the insurer may cancel the insurance upon 60 days advance notice filed with the Commissioner. Other terms and conditions relating to the errors and omissions policy may be imposed on the applicant as the Commissioner deems appropriate by rule or regulation. (e) In the event a licensed administrator fails to renew, surrenders, or otherwise terminates its license, it must retain both the bond and the errors and omissions coverage for a period of not less than one year after the licensee has failed to renew, surrendered, or the license has been terminated."
SECTION 10. Said title is further amended by striking Code Section 33-23-103, relating to examination of administrators by Commissioner, and inserting in lieu thereof a new Code Section 3323-103 to read as follows:
"33-23-103. Administrators shall be subject to examination market conduct and financial examinations by the Commissioner in the same manner as insurance agents and adjusters in accordance with Chapter 2 of this title. Any cost involved with the examinations shall be borne by the administrator."
SECTION 11. Said title is further amended by striking Code Section 33-36-2, relating to creation of Georgia Insurers Insolvency Pool, and inserting in lieu thereof a new Code Section 3336-2 to read as follows:
"33-36-2.

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The purpose of this chapter is to provide a remedy for covered claims under property and casualty insurance policies when the insurer has become insolvent and is unable to perform its contractual obligations. To this end There is created a Georgia Insurers Insolvency Pool which shall consist of three accounts: (1) workers compensation account; (2) automobile account; and (3) all other covered insurance account. The pool shall be responsible for the investigation, adjustment, compromise, settlement, and payment of covered claims; for the investigation, handling, and denial of noncovered claims; and for the management and investment of funds administered by the pool. The members of the pool shall be responsible for the payment of assessments levied pursuant to subsection (b) of Code Section 33-36-7; for adherence to the rules of the plan approved pursuant to Code Section 33-36-6; and for other obligations imposed by this chapter. The pool shall come under the immediate supervision of the Commissioner and shall be subject to the applicable provisions of the insurance laws of this state."
SECTION 12. Said title is further amended by striking Code Section 33-36-3, relating to definitions, and inserting in lieu thereof a new Code Section 33-36-3 to read as follows:
"33-36-3. As used in this chapter, the term:
(1) 'Affiliate' or 'affiliates' means any enterprise related directly or indirectly to the insurance activities of the insurer a person who, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with another person. (2) 'Affiliate of the insolvent insurer' means a person who, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with an insolvent insurer on December 31 of the year next proceeding the date the insurer becomes an insolvent insurer. (3) 'Control' means the direct or indirect possession of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise unless the power is the result of an official position with or corporate office held by the person. Control shall be presumed to exist if any person, directly or indirectly, owns, controls, holds with the power to vote, or holds proxies representing 10 percent or more of the voting securities of any other person. This presumption may be rebutted by a showing that control does not exist in fact and any person disputing his or her status as an affiliate of an insurer authorized to do business in Georgia or an insolvent insurer may file a disclaimer in accordance with subsection (i) of Code Section 33-13-4.
(2)(4)(A) 'Covered claims claim' means a an unpaid claim which: (i) Arises out of a property or casualty insurance policy issued by an insurer which becomes an insolvent insurer which was authorized to do an insurance

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business in this state either at the time the policy was issued or when the insured event occurred; and (ii) Is within any of the classes of claims under subparagraph (B) of this paragraph. (B) A claim shall not be paid unless it arises out of an insurable event under a property or casualty insurance policy and it is: (i) An unearned premium claim of a policyholder who at the time of the insolvency was a resident of this state; (ii) An unearned premium claim of a policyholder under a policy affording coverage for property permanently situated in this state; (iii) The claim of a policyholder or insured who at the time of the insured event was a resident of this state; (iv) The claim of a person having an insurable interest in or related to property which was permanently situated in this state; or (v) A claim under a liability or workers compensation insurance policy when either the insured or third-party claimant was a resident of this state at the time of the insured event. (C) A covered claim shall not include any claim in an amount of less than $25.00 $50.00; provided, however, that any claim of $25.00 $50.00 or more shall be paid in full. (D) A covered claim shall not include that portion of any first-party claim which is in excess of the applicable limits provided in the policy or $100,000.00 $300,000.00, whichever is less. (E) A covered claim shall not include that portion of any third-party claim, other than a workers compensation claim, which is in excess of the applicable limits provided in the policy or $100,000.00 $300,000.00, whichever is less. (F) A covered claim shall not include any obligation to insurers, reinsurers, insurance pools, underwriting associations, or any person which has a net worth greater than $3 million at the time of the insured event health maintenance organizations, hospital plan corporations, or professional health service corporations as subrogation recoveries, reinsurance recoveries, contribution, indemnification, or otherwise. No such claim for any amount due any reinsurer, insurer, insurance pool, underwriting association, health maintenance organization, hospital plan corporation, or professional health service corporation may be asserted against a person insured under a policy issued by an insolvent insurer other than to the extent such claim exceeds the pool obligation limitations set forth in this Code section. (G) A covered claim shall not include any first party claim by an insured whose net worth exceeds $10 million on December 31 of the year next preceding the date the insurer becomes an insolvent insurer; provided, however, that an insureds net worth on such date shall be deemed to include the aggregate net worth of the insured and all of its subsidiaries and affiliates as calculated on a consolidated basis; or any third party claim relating to a policy of an insured whose net worth exceeds $25 million on December 31 of the year next preceding the date the insurer becomes an

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insolvent insurer; provided, however, that an insureds net worth on such date shall be deemed to include the aggregate net worth of the insured and all of its subsidiaries and affiliates as calculated on a consolidated basis; and further provided that this exclusion shall not apply to third party claims against the insured where the insured has applied for or consented to the appointment of a receiver, trustee, or liquidator for all or a substantial part of its assets, filed a voluntary petition in bankruptcy, filed a petition or an answer seeking a reorganization or arrangement with creditors or to take advantage of any insolvency law or, if an order, judgment, or decree is entered by a court of competent jurisdiction, on the application of a creditor, adjudicating the insured bankrupt or insolvent or approving a petition seeking reorganization of the insured or of all or substantial part of its assets. (H) A covered claim shall not include any first party claims by an insured which is an affiliate of the insolvent insurer. (G)(I) A covered claim shall not include any claim or judgment for punitive damages and attorneys fees associated therewith against any insolvent insurer, its insured, or the insurers insolvency pool. (H)(J) A covered claim shall not include any workers compensation benefits payable under subsection (e) or (f) of Code Section 34-9-221 or paragraph (2), (3), or (4) of subsection (b) of Code Section 34-9-108 after the effective date of the court order of rehabilitation or liquidation. (I)(K) A covered claim shall include a claim for unearned premium only if such claim derives from the payment of a stated premium and shall not include those which derive from an unstated premium such as calculated from audit, dividend, deposit, or retrospect plans. A covered claim shall not include a claim for unearned premium resulting from a policy which was not in force on the date of the final order of liquidation. Further, a covered claim shall not include:
(i) That portion of a claim for unearned premium which is in excess of $20,000.00; or (ii) A claim for unearned premium resulting from a policy which was not in force on the date of the final order of liquidation. (L) A covered claim shall not include any fee or other amount relating to goods or services sought by or on behalf of any attorney or other provider of goods or services retained by the insolvent insurer or an insured prior to the date it was determined to be insolvent. (M) A covered claim shall not include any fee or other amount sought by or on behalf of an attorney or other provider of goods or services retained by any insured or claimant in connection with the assertion or prosecution of any claim, covered or otherwise, against the pool. However, in such a case, the pool shall not offset amounts from any recovery paid to a claimant in such an action which the claimant has agreed are to be paid to the attorney in a contingency fee arrangement. (N) A covered claim shall not include any claims for interest. (3)(5) 'Insolvent insurer' means an insurer which was licensed to issue property or casualty insurance policies in this state at any time subsequent to July 1, 1970, and

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against whom a final order of liquidation with a finding of insolvency has been entered by a court of competent jurisdiction in the insurers state of domicile or of this state and which order of liquidation has not been stayed or been the subject of a writ of supersedeas or other comparable order. (4)(6) 'Insolvency pool' or 'pool' means the Georgia Insurers Insolvency Pool established pursuant to Code Section 33-36-2. (7) 'Insured' means any named insured, any additional insured, any vendor, lessor, or any other party identified as an insured under the policy as long as insurable interests remain relevant. (5)(8) 'Insurer' or 'company' means any corporation or organization that has held or currently holds a license to engage in the writing of property or casualty insurance policies in this state since July 1, 1970, including the exchanging of reciprocal or interinsurance contracts among individuals, partnerships, and corporations, except farmer assessment mutual insurers, county assessment mutual insurers, and municipal assessment mutual insurers. (6)(9) 'Net direct written premiums' means direct gross premiums written on property or casualty insurance policies, less return premiums on the policies and dividends paid or credited to policyholders on such direct business. Premiums written by any authorized insurer on policies issued to self-insurers, whether or not designated as reinsurance contracts, shall be deemed net direct written premiums. (10) 'Person' means any individual or legal entity, including governmental entities. (7)(11) 'Property and casualty insurance policies' or 'policy' means any contract, including endorsements to such contract and without regard to the nature or form of the contract or endorsement, which provides coverages as enumerated in Code Sections 33-7-3 and 33-7-6, except:
(A) Life insurance and annuities (being that class of insurance referred to in Code Section 33-7-4); (B) Accident, health, and disability insurance except where written as part of an automobile insurance contract (being that class of insurance referred to in Code Section 33-7-2); (C) Title insurance (being that class of insurance referred to in Code Section 33-78); (D) Credit life insurance (being that class of insurance referred to in paragraph (2) of Code Section 33-31-1); (E) Credit insurance, vendors single interest insurance, or collateral protection insurance, or any similar insurance protecting the interests of a creditor arising out of a creditor-debtor transaction (being that class of insurance referred to in Code Section 33-7-3.1); (F) Mortgage guaranty, financial guaranty, or other forms of insurance offering protection against investment risks; (G) Fidelity or surety bonds or any other bonding obligations; (H) Insurance of warranties or service contracts including insurance that provides for the repair, replacement, or service of goods or property, or indemnification for

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repair, replacement, or service, for the operational or structural failure of the goods or property due to a defect in materials, workmanship, or normal wear and tear, or provides reimbursement for the liability incurred by the issuer of agreements or service contracts that provide such benefits; (I) Ocean marine insurance; or (J) Any transaction or combination of transactions between a person, including affiliates of such person, and an insurer, including affiliates of such insurer, which involves the transfer of investment or credit risk unaccompanied by the transfer of insurance risk; or (K) Any insurance provided by or guaranteed by government."
SECTION 13. Said title is further amended by striking Code Section 33-36-4, relating to the Insurers Solvency Board, and inserting in lieu thereof a new Code Section 33-36-4 to read as follows:
"33-36-4. (a) There shall be a board of trustees of the Georgia Insurers Insolvency Pool which shall be known as the Insurers Solvency Board and which shall consist of seven members. At all times, the board shall contain at least one member from a domestic insurer. The members of the board shall not be considered employees of the department. The remaining members of the board shall be appointed as follows:
(1) The Commissioner shall compile a list of the three stock insurers most likely to incur the largest assessment, per insurer, for each of the accounts prescribed in Code Section 33-36-7; and he shall also compile a list of the three nonstock insurers most likely to incur the largest assessment, per insurer, for each of the accounts prescribed in Code Section 33-36-7. The Commissioner shall solicit from these 18 insurers the names of 18 individuals as nominees for members to the board. Persons who are nominated for the board shall reside in this state. The Commissioner shall certify the nominations in writing, separately for stock and nonstock insurers and separately for each account; (2) From the nominations so certified for each account, the Commissioner shall appoint one stock member and one nonstock member to the board of directors until six directors are appointed. Then the Commissioner shall appoint the chairman of the board, who shall also be its chief executive officer; and (3) In approving selections or in appointing members to the board, the Commissioner shall consider, among other things, whether all member insurers are fairly represented The members of the board shall be selected by the Commissioner. Each board member so selected shall represent a company licensed to do business in Georgia. Any member may be removed from office by the Commissioner when, in his or her judgment, the public interest may so require. Each member appointed shall serve for a term of three years and until his or her successor has been appointed and qualified and, in case of a vacancy for any reason in the office of any such member, the Commissioner shall appoint a member to fill the unexpired term of such vacant office.

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(b) Any member may be removed from office by the Commissioner when, in his judgment, the public interest may so require In approving selections to the board, the Commissioner shall consider among other things whether all member insurers are fairly represented. (c) Each member appointed shall serve for a term of three years and until his successor has been appointed and qualified and, in case of a vacancy for any reason in the office of any such member, the Commissioner shall appoint a member to fill the unexpired term of the vacant office from the nominations provided for in paragraph (1) of subsection (a) of this Code section. (d) The actual expenses of the members of the board incurred in attending meetings shall be paid out of the assets of the insolvency pool, but members of the board shall not otherwise be compensated by the association pool for their services. The board shall hold its regular meetings at such time and places as shall be fixed by the board. The board shall meet at any time on call of the Commissioner or the chairman of the board. The chairman of the board shall call a meeting, upon not less than two days notice, upon the written request of any two members of the board. The board may by resolution provide for a shorter notice of a meeting by telegraph, telephone, or otherwise. The board shall keep a record of all its proceedings and shall appoint a secretary and such other officers as it deems necessary, who need not be members of the board. For the purpose of considering questions before it, the board shall have access to all the books, records, reports, and papers in the department, including all confidential communications; and the members of the board shall treat such communications as confidential. (e) The board shall have power, by affirmative vote of four of its members, to recommend that the Commissioner examine, without previous advance notice, the assets, conditions, and affairs of any insurer when the board believes that the insurers further transaction of business may be hazardous to its policyholders, to its creditors, or to the public. The expenses of such examination shall be borne by the insolvency pool. The examination may extend to general agencies, management entities, or affiliates of insurance companies with respect to matters affecting such companies. The report of examination shall be treated as confidential until a hearing shall have been held or waived pursuant to Code Section 33-2-14. A refusal by an insurance company, a general agent, a management entity, or an affiliate of an insurance company to submit its books, papers, accounts, records, or affairs to examination shall be reported to the Commissioner and shall constitute grounds for suspension, rehabilitation, liquidation, or conservation of the insurer within the purview of the applicable laws of this state for the license revocation of the agent, as the case may be. (f) The board may also so examine the affairs of an insurer after formal adjudication of insolvency to assist in the conservation of assets; and, if it does so, the board shall furnish its report to the Commissioner and the insolvency pool. (g) The board shall have power by an affirmative vote of four of its members to make recommendations to the Commissioner upon any matter germane to the solvency,

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liquidation, rehabilitation, or conservation of companies or persons engaged in the business of writing property or casualty insurance policies in this state. (h) Reports and recommendations under this Code section shall not be considered public documents. There shall be no liability on the part of, and no cause of action shall arise against, member insurers, the pool or their agents or employees, the Governor, or the Commissioner or his authorized representatives for any statements made by them in any reports or recommendations made under this Code section."
SECTION 14. Said title is further amended by striking Code Section 33-36-6, relating to plan to govern members, rules, assignment of claims or judgments against insolvent insurers, and claimants of assets of insolvent insurers, and inserting in lieu thereof a new Code Section 33-36-6 to read as follows:
"33-36-6. (a) The Georgia Insurers Insolvency Pool is a nonprofit legal entity with the right to bring and defend actions and such right to bring and defend actions includes the power and right to intervene as a party before any court in this state that has jurisdiction over an insolvent insurer as defined in this chapter. The pool shall adopt, and the Commissioner shall approve, a reasonable plan which is not inconsistent with this chapter and which is fair to insurers and equitable to their policyholders, pursuant to which all admitted insurers shall become members of the pool. All members of the pool shall adhere to the rules of the plan. The plan may be amended by an affirmative vote of a majority of the Insurers Solvency Board. (b) If, for any reason, the pool fails to adopt a suitable plan within six months following July 1, 1970, or if at any time after July 1, 1970, the pool fails to adopt necessary amendments to the plan, the Commissioner shall adopt and promulgate, after a hearing, such reasonable rules as are necessary to effectuate this chapter. The rules shall continue in force until modified by the Commissioner or superseded by a plan of operation adopted by the pool and approved by the Commissioner. (c) The plan as provided for in subsection (a) of this Code section shall:
(1) Establish the procedures whereby all the powers and duties of the pool under this chapter will be performed; (2) Establish procedures for handling assets of the pool; (3) Mandate that procedures be established for the disposition of liquidating dividends or other moneys received from the estate of the insolvent insurer; (4) Mandate that procedures be established to designate the amount and method of reimbursing members of the board of trustees under Code Section 33-36-4; (5) Establish procedures by which claims may be filed with the pool and establish acceptable forms of proof of covered claims. Notice of claims to the receiver or liquidator of the insolvent insurer shall be deemed notice to the pool or its agent and a list of claims shall be periodically submitted to the pool or insolvency fund or its equivalent in another state by the receiver or liquidator; (6) Establish regular places and times for meetings of the board of trustees;

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(7) Mandate that procedures be established for records to be kept of all financial transactions of the pool, its agents, and the board of trustees; (8) Establish the procedures whereby selections for the board of trustees will be submitted to the Commissioner; and (9) Contain additional provisions necessary or proper for the execution of the powers and duties of the pool. (d) In accordance with the plan, the pool may designate insurers to act on behalf of the pool to carry out the purposes of this chapter, but a member may decline such designation. The Commissioner may disapprove such designation. The plan may provide a procedure under which pending claims or judgments against the insolvent insurer or its insureds are assigned to the member companies designated to act for the pool. The assignee-insurer is authorized to appear and defend a claim in a court of competent jurisdiction or otherwise and to investigate, adjust, compromise, and settle a covered claim or to investigate, handle, and deny a noncovered claim, and to do so on behalf of and in the name of the pool. If an assignee-insurer pays the covered claim, it shall be reimbursed by the pool or be entitled to set off said payment against future assessments. The unreimbursed claim of such an insurer against the pool shall be an admitted asset of the insurer. Insureds entitled to protection of this chapter shall cooperate with the pool and the assignee-insurer. (d)(e) The pool as a legal entity and any of its individual members shall have no cause of action against the insured of the insolvent insurer for any sums it has paid out except such causes of action as the insolvent insurer would have had if such sums had been paid by the insolvent insurer and except as otherwise provided in this chapter. The pool shall be subrogated to the rights of any insured or claimant, to the extent of a covered claim, to participate in the distribution of assets of the insolvent insurer to the extent that the pool has made payment. Any claimant or insured entitled to the benefits of this chapter shall be deemed to have assigned to the pool, to the extent of any payment received, his or her rights against the estate of the insolvent insurer. The pool shall receive the benefit of any reinsurance contracts or treaties entered into by the insolvent insurer which cover any of the liabilities insured by the insolvent insurer with respect to covered claims. After determination of insolvency of any insurer, the pool shall be a party in interest in all proceedings involving policies insured or assumed by the pool with the same rights to receive notice and defend, appeal, and review as the insolvent insurer would have had if solvent. All moneys recovered under this Code section or any other Code section shall be added to the assessments collected under Code Section 33-36-7. (f) Except for actions by member insurers aggrieved by final actions or decisions of the pool pursuant to Code Section 33-36-18, all actions relating to or arising out of this chapter against the pool must be brought in the courts in this state. Such courts shall have exclusive jurisdiction over all actions relating to or arising out of this chapter against the pool. (g) Exclusive venue in any action by or against the pool is in the Superior Court of DeKalb County. The pool may, at the option of the pool, waive such venue as to

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specific actions."
SECTION 15. Said title is further amended by striking subsection (b) of Code Section 33-36-7, relating to levy of assessments against insurers, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) To the extent necessary to secure the funds for the respective accounts of the pool for the payment of covered claims and also to pay the reasonable costs to administer the pool, the Commissioner, upon certification of the pool, shall levy assessments in the proportion that each insurers net direct written premiums in this state in the classes protected by the account bear to the total of the net direct written premiums received in this state by all such insurers for the preceding calendar year for the kinds of insurance included within such account. Assessments shall be remitted to and administered by the pool in the manner specified by the approved plan. Each insurer so assessed shall have at least 30 days written notice as to the date the assessment is due and payable. Every assessment shall be made as a uniform percentage applicable to the net direct written premiums of each insurer in the kinds of insurance included within the account in which the assessment is made. The assessments levied against any insurer shall not exceed in any one year more than 2 percent of that insurers net direct written premiums in this state for the kinds of insurance included within such account during the calendar year next preceding the date of such assessments. If sufficient funds from the assessments, together with funds previously raised, are not available in any one year in the respective account to make all the payments or reimbursements then owing to insurers designated to act for the pool, the funds available shall be prorated and the unpaid portion shall be paid as soon thereafter as funds become available. Assessments shall be included as an appropriate factor in the making of rates."
SECTION 16. Said title is further amended by inserting a new Code Section 33-36-7.1 to read as follows:
"33-36-7.1. (a) The plan adopted pursuant to Code Section 33-36-6 shall contain provisions whereby each member insurer is required to recoup over the year following the year of the assessment a sum calculated to recoup the assessments paid by the member insurer under this chapter by way of a surcharge on premiums charged for insurance policies to which this article applies. Amounts recouped shall not be considered premiums for any other purpose, including the computation of gross premium tax or agents commission. (b) The amount of any surcharge shall be separately stated on either a billing or policy declaration sent to an insured. Member insurers who collect surcharges in excess of assessments paid pursuant to Code Section 33-36-7 for an insolvent insurer shall remit the excess to the pool as an additional assessment within 30 days after the pool has determined the amount of the excess recoupment and given notice to the member of

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that amount. The excess shall be applied to reduce future assessment charges in the appropriate category. (c) The plan of operation may permit a member insurer to omit collection of the surcharge from its insureds when the expense of collecting the surcharge would exceed the amount of the surcharge. However, nothing in this Code section shall relieve the member insurer of its obligation to recoup the amount of surcharge otherwise collectible."
SECTION 17. Said title is further amended by striking Code Section 33-36-9, relating to coverage afforded by insolvent insurers to become obligation of pool, and inserting in lieu thereof a new Code Section 33-36-9 to read as follows:
"33-36-9. In the event an insurer is determined to be insolvent ordered to be liquidated, the coverage afforded by property and casualty insurance policies issued by such insurer shall, with respect to covered claims, become the obligation of the pool for a period of 30 days from the date of such determination or until policy expiration date if less than said 30 days or until the policy has been replaced by the insurer within said 30 days. The pool shall be deemed to be the insurer for such period with respect and to the extent of the claims with only to the extent of its obligation on the covered claims and to such extent, subject to the limitations provided in this chapter, shall have all the rights, duties, and obligations of the insolvent insurer; and the as if the insurer had not become insolvent, including, but not limited to, the right to pursue and retain salvage and subrogation recoverable on paid covered claim obligations. The pool shall not be deemed the insolvent insurer for any purpose relating to the issue of whether the pool is amenable to the personal jurisdiction of the courts of any state. The pool is authorized to investigate, adjust, compromise, and settle covered claims or to investigate, handle, and deny noncovered claims. The pool shall have the authority, upon approval of the Commissioner, to borrow funds necessary to effect the purposes of this chapter. The pool shall have the authority to establish procedures for requesting financial information from insureds on a confidential basis for purposes of applying Code sections concerning their net worth, subject to such information being shared with any other association similar to the pool and the liquidator for the insolvent company on the same confidential basis. If the insured refuses to provide the requested financial information and an auditors certification of the same where requested and available, the pool may deem the net worth of the insured, in the instance of a first party claim, to be in excess of $10 million at the relevant time or, in the event of a third party claim, to be in excess of $25 million at the relevant time. In any lawsuit contesting the applicability of subparagraph (G) of paragraph (4) of Code Section 33-36-3 or subsection (d) of Code Section 33-36-14 where the insured has declined to provide financial information under the procedure provided pursuant to this Code section, the insured shall bear the burden of proof concerning its net worth at the relevant time. If the insured fails to prove that its net worth at the relevant time was less than the

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applicable amount, the court shall award the pool its full costs, expenses, and reasonable attorneys fees in contesting the claim."
SECTION 18. Said title is further amended by striking Code Section 33-36-11, relating to procedure for proof and allowance of covered claims, and inserting in lieu thereof a new Code Section 33-36-11 to read as follows:
"33-36-11. (a) Except for (1) voluntary settlements or compromises between a claimant and an assignee-insurer on behalf of the pool or (2) a final judgment, other than a default judgment, against the insured or insurer in a court of competent jurisdiction rendered prior to the determination of insolvency of the insurer, the proof and allowance of a covered claim shall be governed by Code Sections 33-37-54 and 33-37-55; provided, however, in no case shall a covered claim include any claim filed with the pool, ancillary receiver, or liquidator after the final date set by a court for the filing of claims against the liquidator or ancillary receiver of an insolvent insurer Notwithstanding any other provisions of this chapter, a covered claim shall not include a claim filed with the pool after the earlier of (i) 18 months after the date of the order of liquidation, or (ii) the final date set by the court for the filing of claims against the liquidator or receiver of an insolvent insurer and shall not include any claim filed with the pool or a liquidator for protection afforded under the insureds policy for incurred-but-not-reported losses. (b) The pool may not be found in default. No default judgments may be entered against the pool, the insolvent insurer, or the insured of the insolvent insurer after the instigation of an insolvency proceeding prior to a finding of insolvency an order of liquidation, nor during the pendency of insolvency proceedings, nor during a 120 day stay following a finding of insolvency an order of liquidation. (c) In no instance may a finding of default or the entry of a default judgment against an insurer be applicable or enforceable against the pool or the insured of the insolvent insurer."
SECTION 19. Said title is further amended by striking Code Section 33-36-13, relating to allowance of claims by receivers, liquidators, or statutory successors, and inserting in lieu thereof a new Code Section 33-36-13 to read as follows:
"33-36-13. With respect to insolvent insurers incorporated in this state, the receiver, liquidator, or statutory successor shall allow as a proper claim on the assets of the insolvent insurer amounts paid under this chapter by or on behalf of the pool or paid by an insolvency fund or its equivalent in another state on or with respect to covered claims, notwithstanding provisions to the contrary in any statute of this state relating to the rights and duties of such receiver, liquidator, or statutory successor. As a condition of an insurer doing business in this state, all property and casualty insurance policies issued or renewed shall be deemed to provide that the insurer appoints the pool as its

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agent with respect to investigation, adjustment, compromise, and settlement of covered claims and to reimburse the pool for any payment made under the terms of this chapter, and that such appointment and obligation shall be binding on any receiver, liquidator, or statutory successor appointed to liquidate or wind up its affairs."
SECTION 20. Said title is further amended by striking Code Section 33-36-14, relating to exhaustion of rights by claimants against insolvent insurers prior to recovery, and inserting in lieu thereof a new Code Section 33-36-14 to read as follows:
"33-36-14. (a) Any person, including any individual, partnership, association, or corporation, having a claim against a policy or an insured under a policy issued by an insolvent insurer, which claim is a covered claim and is also a claim within the coverage of any policy issued by a solvent insurer, shall be required to exhaust first his rights under such policy issued by the solvent insurer. The policy of the solvent insurer shall be treated as primary coverage and the policy of the insolvent insurer shall be treated as secondary coverage and his or her rights to recover such claim under this chapter shall be reduced by any amounts received from the solvent insurers. (b) Any amount paid a claimant in excess of the amount authorized by this chapter may be recovered by an action brought by or on behalf of the pool. (c) To the extent that the pools obligation is reduced by the application of this Code section, the liability of the person insured by the insolvent insurers policy for the claim shall be reduced in the same amount. (d) The pool shall have the right to recover from the following persons all amounts paid by the pool on behalf of such person, whether for indemnity or defense or otherwise:
(1) Any insured whose net worth on December 31 of the year immediately preceding the date the insurer becomes an insolvent insurer exceeds $25 million; provided that an insureds net worth on such date shall be deemed to include the aggregate net worth of the insured and all of its subsidiaries and affiliates as calculated on a consolidated basis; and (2) Any person who is an affiliate of the insolvent insurer."
SECTION 21. Said title is further amended by adding a new Code Section 33-36-14.1 to read as follows:
"33-36-14.1. (a) To aid in the detection and prevention of insurer insolvencies:
(1) The board of trustees may, upon majority vote, make recommendations to the Commissioner for the detection and prevention of insurer insolvencies; (2) The board of trustees may, upon majority vote, make recommendations to the Commissioner on matters generally related to improving or enhancing regulation for solvency; and

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(3) The board of trustees may, at the conclusion of any domestic insurer insolvency in which the pool was obligated to pay covered claims, prepare a report on the history and causes of such insolvency based on the information available to the pool and submit such report to the Commissioner. (b) Reports and recommendations made pursuant to this Code section shall not be considered public documents."

SECTION 22. Said title is further amended by striking Code Section 33-36-15, relating to examination of pool, and inserting in lieu thereof a new Code Section 33-36-15 to read as follows:
"33-36-15. The pool shall be deemed a company or insurer within the scope of Code Section 33-211 relating to examinations. Notwithstanding the provisions of Code Section 33-2-11 or this Code section, whether such examinations shall be conducted and the frequency of any such examinations shall be at the sole discretion of the Commissioner."

SECTION 23. Said title is further amended by adding a new Code Section 33-36-16.1 to read as follows:
"33-36-16.1. There shall be no liability on the part of, and no cause of action of any nature shall arise against any member insurer, the pool or its agents or employees, the board of trustees, or any person serving as a representative of any member of the board of trustees for any action taken or any failure to act by them in the performance of their powers and duties under this chapter."

SECTION 24. The provisions of Sections 11 through 23 shall apply to insolvencies which occur on or after the effective date of this Act.

SECTION 25. All laws and parts of laws in conflict with this Act are repealed.

Representative Golick of the 34th moved that the House agree to the Senate substitute to HB 407.

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

Y Abdul-Salaam Y Amerson Y Anderson Y Ashe Y Barnard
Barnes

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson

Y Holmes Y Holt Y Horne Y Houston
Howard Y Hudson

Y Maxwell Y May
McCall Y McClinton Y Meadows Y Millar

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw

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Y Bearden E Beasley-Teague
Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce
Bryant Y Buckner, D Y Buckner, G Y Burkhalter E 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 Dodson Dollar
Y Drenner Y Dukes
Ehrhart Y England E Epps Y Fleming
Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin
Freeman Y Gardner Y Geisinger Y 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 Y Hill, C.A

Hugley Y Jackson Y Jacobs
James Y Jamieson Y Jenkins Y Jennings
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 Loudermilk Y Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

On the motion, the ayes were 141, nays 0.

Y Miller Y Mills
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 Y Parrish 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 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
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
Williams, A Y Williams, E Y Williams, R
Wix Y Yates
Richardson, Speaker

The motion prevailed.

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 and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 676 Do Pass, by Substitute SB 150 Do Pass, by Substitute

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

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The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitutes as amended by the Senate to the following bills of the Senate:
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.
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.
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:
SB 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

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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.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Williams of the 19th, Goggans of the 7th, and Unterman of the 45th.
The Senate has disagreed to the House substitutes to the following bills of the Senate:
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 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 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

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indigent defense services; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has disagreed to the House substitute to the following resolution of the Senate:
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 insists on its substitute to the following bill of the House:
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 Senate has disagreed to the House amendment to the Senate amendment to the following bill of the House:
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.

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Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 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:
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.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, so as to provide a short title; to provide definitions; to prohibit certain conduct with regard to computers and computer software; to provide for penalties for violations; to provide exceptions; to provide for certain civil remedies for violations; to provide for preemption; 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 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, is amended by adding a new Article 9 to read as follows:
"ARTICLE 9
16-9-150. This article shall be known and may be cited as the 'Georgia Computer Security Act of 2005.'
16-9-151. As used in this chapter, the term:

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(1) 'Advertisement' means a communication, the primary purpose of which is the commercial promotion of a commercial product or service, including content on an Internet website operated for a commercial purpose. (2) 'Authorized user,' with respect to a computer, means a person who owns or is authorized by the owner or lessee to use the computer. (3) 'Cause to be copied' means to distribute or transfer computer software or any component thereof. Such term shall not include providing:
(A) Transmission, routing, provision of intermediate temporary storage, or caching of software; (B) A storage medium, such as a compact disk, website, or computer server, through which the software was distributed by a third party; or (C) An information location tool, such as a directory, index, reference, pointer, or hypertext link, through which the user of the computer located the software. (4) 'Computer software' means a sequence of instructions written in any programming language that is executed on a computer. Such term shall not include a text or data file, a web page, or a data component of a web page that is not executable independently of the web page. (5) 'Computer virus' means a computer program or other set of instructions that is designed to degrade the performance of or disable a computer or computer network and is designed to have the ability to replicate itself on other computers or computer networks without the authorization of the owners of those computers or computer networks. (6) 'Consumer' means an individual who resides in this state and who uses the computer in question primarily for personal, family, or household purposes. (7) 'Damage' means any significant impairment to the integrity or availability of data, software, a system, or information. (8) 'Execute,' when used with respect to computer software, means the performance of the functions or the carrying out of the instructions of the computer software. (9) 'Intentionally deceptive' means any of the following: (A) By means of an intentionally and materially false or fraudulent statement; (B) By means of a statement or description that intentionally omits or misrepresents material information in order to deceive the consumer; or (C) By means of an intentional and material failure to provide any notice to an authorized user regarding the download or installation of software in order to deceive the consumer. (10) 'Internet' means the global information system that is logically linked together by a globally unique address space based on the Internet Protocol or its subsequent extensions; that is able to support communications using the Transmission Control Protocol/Internet Protocol suite, its subsequent extensions, or other Internet Protocol compatible protocols; and that provides, uses, or makes accessible, either publicly or privately, high level services layered on the communications and related infrastructure described in this paragraph.

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(11) 'Person' means any individual, partnership, corporation, limited liability company, or other organization, or any combination thereof. (12) 'Personally identifiable information' means any of the following:
(A) A first name or first initial in combination with a last name; (B) Credit or debit card numbers or other financial account numbers; (C) A password or personal identification number required to access an identified financial account; (D) A social security number; or (E) Any of the following information in a form that personally identifies an authorized user:
(i) Account balances; (ii) Overdraft history; (iii) Payment history; (iv) A history of websites visited; (v) A home address; (vi) A work address; or (vii) A record of a purchase or purchases.
16-9-152. (a) It shall be illegal for a person or entity that is not an authorized user, as defined in Code Section 16-9-151, of a computer in this state to knowingly, willfully, or with conscious indifference or disregard cause computer software to be copied onto such computer and use the software to do any of the following:
(1) Modify, through intentionally deceptive means, any of the following settings related to the computers access to, or use of, the Internet:
(A) The page that appears when an authorized user launches an Internet browser or similar software program used to access and navigate the Internet; (B) The default provider or web proxy the authorized user uses to access or search the Internet; or (C) The authorized users list of bookmarks used to access web pages; (2) Collect, through intentionally deceptive means, personally identifiable information that meets any of the following criteria: (A) It is collected through the use of a keystroke-logging function that records all keystrokes made by an authorized user who uses the computer and transfers that information from the computer to another person; (B) It includes all or substantially all of the websites visited by an authorized user, other than websites of the provider of the software, if the computer software was installed in a manner designed to conceal from all authorized users of the computer the fact that the software is being installed; or (C) It is a data element described in subparagraph (B), (C), or (D) of paragraph (12) of Code Section 16-9-151, or in division (i) or (ii) of subparagraph (E) of paragraph (12) of Code Section 16-9-151, that is extracted from the consumers or business

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entitys computer hard drive for a purpose wholly unrelated to any of the purposes of the software or service described to an authorized user; (3) Prevent, without the authorization of an authorized user, through intentionally deceptive means, an authorized users reasonable efforts to block the installation of, or to disable, software, by causing software that the authorized user has properly removed or disabled to automatically reinstall or reactivate on the computer without the authorization of an authorized user; (4) Intentionally misrepresent that software will be uninstalled or disabled by an authorized users action, with knowledge that the software will not be so uninstalled or disabled; or (5) Through intentionally deceptive means, remove, disable, or render inoperative security, antispyware, or antivirus software installed on the computer. (b) Nothing in this Code section shall apply to any monitoring of, or interaction with, a users Internet or other network connection or service, or a protected computer, by a telecommunications carrier, cable operator, computer hardware or software provider, or provider of information service or interactive computer service for network or computer security purposes, diagnostics, technical support, repair, network management, network maintenance, authorized updates of software or system firmware, authorized remote system management, or detection or prevention of the unauthorized use of or fraudulent or other illegal activities in connection with a network, service, or computer software, including scanning for and removing software proscribed under this article.
16-9-153. (a) It shall be illegal for a person or entity that is not an authorized user, as defined in Code Section 16-9-151, of a computer in this state to knowingly, willfully, or with conscious indifference or disregard cause computer software to be copied onto such computer and use the software to do any of the following:
(1) Take control of the consumers or business entitys computer by doing any of the following:
(A) Transmitting or relaying commercial electronic mail or a computer virus from the consumers or business entitys computer, where the transmission or relaying is initiated by a person other than the authorized user and without the authorization of an authorized user; (B) Accessing or using the consumers or business entitys modem or Internet service for the purpose of causing damage to the consumers or business entitys computer or of causing an authorized user or a third party affected by such conduct to incur financial charges for a service that is not authorized by an authorized user; (C) Using the consumers or business entitys computer as part of an activity performed by a group of computers for the purpose of causing damage to another computer, including, but not limited to, launching a denial of service attack; or (D) Opening multiple, sequential, stand-alone advertisements in the consumers or business entitys Internet browser without the authorization of an authorized user and with knowledge that a reasonable computer user cannot close the

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advertisements without turning off the computer or closing the consumers or business entitys Internet browser; (2) Modify any of the following settings related to the computers access to, or use of, the Internet: (A) An authorized users security or other settings that protect information about the authorized user for the purpose of stealing personal information of an authorized user; or (B) The security settings of the computer for the purpose of causing damage to one or more computers; or (3) Prevent, without the authorization of an authorized user, an authorized users reasonable efforts to block the installation of, or to disable, software, by doing any of the following: (A) Presenting the authorized user with an option to decline installation of software with knowledge that, when the option is selected by the authorized user, the installation nevertheless proceeds; or (B) Falsely representing that software has been disabled. (b) Nothing in this Code section shall apply to any monitoring of, or interaction with, a users Internet or other network connection or service, or a protected computer, by a telecommunications carrier, cable operator, computer hardware or software provider, or provider of information service or interactive computer service for network or computer security purposes, diagnostics, technical support, repair, network management, network maintenance, authorized updates of software or system firmware, authorized remote system management, or detection or prevention of the unauthorized use of or fraudulent or other illegal activities in connection with a network, service, or computer software, including scanning for and removing software proscribed under this article.
16-9-154. (a) It shall be illegal for a person or entity that is not an authorized user, as defined in Code Section 16-9-151, of a computer in this state to do any of the following with regard to such computer:
(1) Induce an authorized user to install a software component onto the computer by intentionally misrepresenting that installing software is necessary for security or privacy reasons or in order to open, view, or play a particular type of content; or (2) Deceptively causing the copying and execution on the computer of a computer software component with the intent of causing an authorized user to use the component in a way that violates any other provision of this Code section. (b) Nothing in this Code section shall apply to any monitoring of, or interaction with, a users Internet or other network connection or service, or a protected computer, by a telecommunications carrier, cable operator, computer hardware or software provider, or provider of information service or interactive computer service for network or computer security purposes, diagnostics, technical support, repair, network management, network maintenance, authorized updates of software or system firmware, authorized remote system management, or detection or prevention of the unauthorized use of or fraudulent

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or other illegal activities in connection with a network, service, or computer software, including scanning for and removing software proscribed under this article.
16-9-155. (a) Any person who violates the provisions of paragraph (2) of Code Section 16-9-152, subparagraph (A), (B), or (C) of paragraph (1) of subsection (a) of Code Section 16-9153, or paragraph (2) of subsection (a) of Code Section 16-9-153 shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or a fine of not more than $3 million, or both. (b) The Attorney General may bring a civil action against any person violating this article to enforce the penalties for the violation and may recover any or all of the following:
(1) A civil penalty of up to $100.00 per violation of this article, or up to $100,000.00 for a pattern or practice of such violations; (2) Costs and reasonable attorneys fees; and (3) An order to enjoin the violation. (c) In the case of a violation of subparagraph (B) of paragraph (1) of subsection (a) of Code Section 16-9-153 that causes a telecommunications carrier to incur costs for the origination, transport, or termination of a call triggered using the modem of a customer of such telecommunications carrier as a result of such violation, the telecommunications carrier may bring a civil action against the violator to recover any or all of the following: (1) The charges such carrier is obligated to pay to another carrier or to an information service provider as a result of the violation, including, but not limited to, charges for the origination, transport or termination of the call; (2) Costs of handling customer inquiries or complaints with respect to amounts billed for such calls; (3) Costs and reasonable attorneys fees; and (4) An order to enjoin the violation. (d) An Internet service provider or software company that expends resources in good faith assisting consumers or business entities harmed by a violation of this chapter, or a trademark owner whose mark is used to deceive consumers or business entities in violation of this chapter, may enforce the violation and may recover any or all of the following:
(1)(A) Statutory damages of not more than $100.00 per violation of this article, or up to $1 million for a pattern or practice of such violations; (2) Costs and reasonable attorneys fees; and (3) An order to enjoin the violation.
16-9-156. (a) For the purposes of this Code section, the term 'employer' includes a business entitys officers, directors, parent corporation, subsidiaries, affiliates, and other corporate entities under common ownership or control within a business enterprise. No

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employer may be held criminally or civilly liable under this article as a result of any actions taken:
(1) With respect to computer equipment used by its employees, contractors, subcontractors, agents, leased employees, or other staff which the employer owns, leases, or otherwise makes available or allows to be connected to the employers network or other computer facilities; or (2) By employees, contractors, subcontractors, agents, leased employees, or other staff who misuse an employers computer equipment for an illegal purpose without the employers knowledge, consent, or approval. (b) No person shall be held criminally or civilly liable under this article when its protected computers have been used by unauthorized users to violate this article or other laws without such persons knowledge, consent, or approval. (c) A manufacturer or retailer of computer equipment shall not be liable under this Code section, criminally or civilly, to the extent that the manufacturer or retailer is providing third-party branded software that is installed on the computer equipment that the manufacturer or retailer is manufacturing or selling.

16-9-157. The General Assembly finds that this article is a matter of state-wide concern. This article supersedes and preempts all rules, regulations, codes, ordinances, and other laws adopted by any county, municipality, consolidated government, or other local governmental agency regarding spyware and notices to consumers from computer software providers regarding information collection."

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
Barnard Y Barnes Y Bearden E Beasley-Teague

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson Y Dodson
Dollar

Y Holmes Y Holt Y Horne Y Houston
Howard Y Hudson
Hugley Y Jackson

Y Maxwell Y May
McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills

Y Sailor Scheid
Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C

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Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce
Bryant Y Buckner, D Y Buckner, G Y Burkhalter E 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 Drenner Y Dukes
Ehrhart Y England E Epps Y Fleming
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 Y Heard, J Y Heard, K Y Heckstall Y Hembree Y 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
Lunsford E Maddox Y Mangham Y Manning Y Marin Y Martin

Mitchell Morgan Morris Y 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 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 Sims, F Sinkfield
E 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 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
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.

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.

The following Committee substitute was read and adopted:

A BILL

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 legislative findings; to provide

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definitions; to require information brokers to give notice to consumers of certain security breaches; to provide for rights of action by certain persons in the event of a security breach; to provide for a civil fine; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding a new Article 34 to read as follows:
"ARTICLE 34
10-1-910. The General Assembly finds and declares as follows:
(1) The privacy and financial security of individuals is increasingly at risk due to the ever more widespread collection of personal information by both the private and public sectors; (2) Credit card transactions, magazine subscriptions, telephone numbers, real estate records, automobile registrations, consumer surveys, warranty registrations, credit reports, and Internet websites are all sources of personal information and form the source material for identity thieves; (3) Identity theft is one of the fastest growing crimes committed in this state. Criminals who steal personal information such as social security numbers use the information to open credit card accounts, write bad checks, buy cars, and commit other financial crimes with other peoples identities; (4) Identity theft is costly to the marketplace and to consumers; and (5) Victims of identity theft must act quickly to minimize the damage; therefore, expeditious notification of possible misuse of a persons personal information is imperative.
10-1-911. As used in this article, the term:
(1) 'Breach of the security of the system' means unauthorized acquisition of an individuals file or computerized data that compromises the security, confidentiality, or integrity of personal information of such individual maintained by an information broker. Good faith acquisition of personal information by an employee or agent of an information broker for the purposes of such information broker is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure. (2) 'File,' when used in connection with information on any individual, means all of the information on that individual recorded and retained by an information broker regardless of how the information is stored.

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(3) 'Information broker' means any person or entity who, for monetary fees or dues, engages in whole or in part in the practice of collecting, assembling, evaluating, compiling, reporting, transmitting, transferring, or communicating information concerning individuals for the purposes of furnishing personal information to third parties, but does not include any governmental agency whose records are maintained primarily for traffic safety, law enforcement, or licensing purposes. (4) 'Notice' means:
(A) Written notice; (B) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 of the United States Code; or (C) Substitute notice, if the information broker demonstrates that the cost of providing notice would exceed $250,000.00, that the affected class of individuals to be notified exceeds 500,000, or that the information broker does not have sufficient contact information to provide written or electronic notice to such individuals. Substitute notice shall consist of all of the following:
(i) E-mail notice, if the information broker has an e-mail address for the individuals to be notified; (ii) Conspicuous posting of the notice on the information brokers website page, if the information broker maintains one; and (iii) Notification to major state-wide media. Notwithstanding any provision of this paragraph to the contrary, an information broker that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this article shall be deemed to be in compliance with the notification requirements of this article if it notifies the individuals who are the subjects of the notice in accordance with its policies in the event of a breach of the security of the system. (5) 'Person' means any individual, partnership, corporation, limited liability company, trust, estate, cooperative, association, or other entity. The term 'person' as used in this article shall not be construed to require duplicative reporting by any individual, corporation, trust, estate, cooperative, association, or other entity involved in the same transaction. (6) 'Personal information' means an individuals first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted: (A) Social security number; (B) Drivers license number of an individual or number of an individuals identification card issued pursuant to Article 5 of Chapter 5 of Title 40; (C) Account number, credit card number, or debit card number, in combination with any required security code, access code, or password that would permit access to an individuals financial account; or

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(D) Other information collected, assembled, evaluated, compiled, reported, transmitted, transferred, or communicated concerning such individual. The term 'personal information' does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.

10-1-912. (a) Any information broker that owns or licenses files or computerized data that includes personal information of individuals shall give notice of any breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of this state whose unencrypted personal information or file was, or is reasonably believed to have been, acquired by an unauthorized person. The notice shall be made within ten days following such discovery or notification. (b) Any information broker that maintains computerized data that includes personal information of individuals that the information broker does not own shall notify the owner or licensee of the information of any breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. (c) The notification required by this Code section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this Code section shall be made after the law enforcement agency determines that it will not compromise the investigation. (d) The duty of an information broker to disclose a breach of the security of the system under this Code section shall apply to all such breaches occurring on and after the effective date of this article and any breaches that occurred within six months immediately prior to the effective date of this article."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, 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 Crawford Y Cummings
Davis Y Day

Y Holmes Y Holt Y Horne Y Houston

Y Maxwell Y May
McCall Y McClinton

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

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Y Barnard Y Barnes Y Bearden E Beasley-Teague
Benfield Y Benton Y Black Y Bordeaux
Borders Y Bridges Y Brooks Y Brown Y Bruce
Bryant Y Buckner, D Y Buckner, G Y Burkhalter E 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 Y Dodson
Dollar Y 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 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

Howard Y Hudson
Hugley Y Jackson 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
Lord Y Loudermilk Y Lucas
Lunsford E Maddox Y Mangham Y Manning Y Marin Y Martin

Y Meadows Y Millar Y Miller Y Mills
Mitchell Morgan Y Morris 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 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
Sinkfield E 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 151, nays 0.

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

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.

The following Committee substitute was read and adopted:

A BILL

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3509

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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 31-22-1 of the Official Code of Georgia Annotated, relating to definitions relative to clinical laboratories, is amended by striking paragraph (7) and inserting in lieu thereof the following:
"(7) 'Technician' means any person other than the clinical laboratory director, supervisor, technologist, or trainee who functions under the supervision of a clinical laboratory director, supervisor, or technologist and performs only those clinical laboratory procedures which require limited skill and responsibility and a minimal exercise of independent judgment. The degree of supervision by the clinical laboratory director, supervisor, or technologist of a technician in order for such technician to perform moderate or lower complexity testing procedures shall be determined by the director, supervisor, or technologist based on:
(A) The complexity of the procedure to be performed; (B) The training and capability of the technician; and (C) The demonstrated competence of the technician in the procedure being performed. A technician performing high complexity testing procedures shall perform such procedures only under the direct supervision of a clinical laboratory director, supervisor, or technologist."

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 Y Anderson Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague
Benfield

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson Y Dodson Y Dollar Y Drenner

Y Holmes Y Holt Y Horne Y Houston
Howard Y Hudson
Hugley Y Jackson N Jacobs

Y Maxwell Y May
McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills
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 N Bruce
Bryant Y Buckner, D Y Buckner, G Y Burkhalter E 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 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 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 James Y Jamieson Y Jenkins Y Jennings Y Johnson
Jones, J Y Jones, S
Jordan 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 Lunsford E Maddox Y Mangham N Manning Y Marin Martin

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

Sinkfield E 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 149, nays 3.

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

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.

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.

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

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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.
The following Committee substitute was read:
A BILL
To amend Chapter 4B of Title 43 of the Official Code of Georgia Annotated, 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 provide for the commissions authority relative to licensure of organizations that govern and authorize matches, contests, and exhibitions of martial arts and wrestling, licensure of promoters of martial arts matches, contests, and exhibitions, and permitting of such matches, contests, and exhibitions; to provide for fees and exceptions; to provide for requirements for such matches, contests, and exhibitions; to prohibit licensure in certain circumstances; to provide for exceptions; to prohibit certain practices and employment of any person or entity convicted of a felony or crime of moral turpitude; to prohibit employment of such a person or entity by certain organizations; to provide for penalties; to provide for fines and for suspension, revocation, and denial of licenses and permits; to provide for exemptions; 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 4B of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Athletic and Entertainment Commission, is amended by striking Code Section 43-4B-1, relating to definitions relative to the commission, and inserting in lieu thereof the following:
"43-4B-1. As used in this chapter, the term:
(1) 'Amateur,' when applied to a person engaged in boxing, wrestling, or a martial art, means a person who receives no compensation and engages in a match, contest, or exhibition of boxing, wrestling, or a martial art that which is governed or authorized by:
(A) U.S.A. Boxing; (B) The Georgia High School Athletic Association;

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(C) The National Collegiate Athletic Association; (D) Amateur Athletic Union; (E) Golden Gloves; or (F) Team Georgia Amateur Wrestling; (G) USA Wrestling; (H) National High School Coaches Association; (I) North American Sport Karate Association; (J) International Sport Kick Boxing/Karate Association; (K) World Kick Boxing Association; (L) United States Kick Boxing Association; (M) International Sport Combat Federation; (N) Professional Karate Commission; (O) International Kick Boxing Federation; or (P) The local affiliate of any organization listed in this paragraph. (2) 'Boxing match' means a contest between two individuals in which contestants score points in rounds of two or three minutes by striking with padded fists the head and upper torso of the opponent or by knocking the opponent down and rendering the opponent unconscious or incapable of continuing the contest by such blows, which contest is held in a square ring supervised by a referee and scored by three judges. (3) 'Boxing registry' means a registry created or designated pursuant to subsection (j) of Code Section 43-4B-4. (3.1) 'Charitable organization' means an entity described by: (A) Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section 501(c)(3)); or (B) Section 170(c), Internal Revenue Code of 1986 (26 U.S.C. Section 170(c)). (4) 'Commission' means the Georgia Athletic and Entertainment Commission. (5) 'Exhibition' means a contest where the participants engage in the use of boxing, wrestling, or martial arts skills and techniques and where the objective is to display such skills and techniques without striving to win. (6) 'Face value' means the dollar value of a ticket or order, which value shall reflect the dollar amount that the customer is required to pay or, for complimentary tickets, would have been required to pay to purchase a ticket with equivalent seating priority in order to view the match, contest, exhibition, or entertainment event. A complimentary ticket shall not have a face value of $0.00. A complimentary ticket shall not have a face value of less than that of the least expensive ticket available for sale to the general public. Face value shall include any charges or fees, such as dinner, gratuity, parking, surcharges, or any other charges or fees which are charged to and must be paid by the customer in order to view the match, contest, exhibition, or entertainment event. It shall exclude any portion paid by the customer for federal, state, or local taxes. (7) 'Gross proceeds' means the total revenue received solely from the sale of tickets used or intended to be used by the audience physically attending any event required to be licensed under this chapter.

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(8) 'Gross receipts' means: (A) The gross price charged for the sale or lease of broadcasting, television, pay per view, closed circuit, or motion picture rights without any deductions for commissions, brokerage fees, distribution fees, production fees, advertising, or other expenses or charges; and (B) The face value of all tickets sold and complimentary tickets redeemed. issued, provided, or given; and (C) The face value of any seats issued, provided, or given in exchange for advertising, sponsorships, or anything of value to the promotion of an event.
(9) 'Local tax' means any occupation tax or other tax owed to a county or municipality in order to hold a professional match, contest, or exhibition of boxing or to carry on a business as a ticket broker within such county or municipality. (9.1) 'Kickboxing' means unarmed combat involving the use of striking techniques delivered with the upper and lower body and in which the competitors remain standing while striking. (10) 'Manager' means a person who under contract, agreement, or other arrangement with a boxer, undertakes to control or administer, directly or indirectly, a matter related to boxing on behalf of a boxer. Such term includes, but is not limited to, a person who functions as a booking agent, adviser, or consultant. (10.1) 'Martial art' means any form of unarmed combative sport or unarmed combative entertainment that allows contact striking, except boxing or wrestling. (10.2) 'Mixed martial arts' means unarmed combat involving the use of a combination of techniques from different disciplines of the martial arts, including but not limited to grappling, submission holds, and strikes with the upper and lower body. (11) 'Matchmaker' means a person who is employed by or associated with a promoter in the capacity of booking and arranging professional matches, contests, or exhibitions of boxing between opponents or who proposes professional matches, contests, or exhibitions of boxing and selects and arranges for the participants in such events and for whose activities in this regard the promoter is legally responsible. (11.1) 'Original purchaser for personal use' means a person who buys one or more tickets with the intention of using the ticket or tickets solely for the use of the purchaser or the purchasers invitees, employees, and agents. An original purchaser who resells more than six tickets to the same athletic contest or entertainment event and who resells tickets to an athletic contest or entertainment event for more than 105 percent of their face value shall be rebuttably presumed to be engaging in the business of a ticket broker in any criminal prosecution or civil action, order, or penalty by the commission. (11.2) 'Patron boxing,' 'patron wrestling,' or 'patron martial arts' means boxing, wrestling, or martial arts that is not:
(A) Governed or authorized by any organization listed in paragraph (1) of this Code section; (B) Governed or authorized by an organization licensed by the commission in accordance with this chapter;

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(C) Governed or authorized by an organization exempted from licensure by the commission in accordance with this chapter; and (D) Licensed by the commission in accordance with Article 2 of this chapter. (11.2)(11.3) 'Pay per view' means a telecast for which a fee is required in addition to any other fee paid by the viewer for any other services of the telecaster. (12) 'Person' means any individual, partnership, firm, association, corporation, or combination of individuals of whatever form or character. (13) 'Physician' means a doctor of medicine or other medical professional legally authorized by any state to practice medicine. (14) 'Professional' means a person who is participating or has participated in a match, contest, or exhibition of boxing which is not governed or authorized by one or more of the organizations listed in paragraph (1) of this Code section and: (A) Has received or competed for or is receiving or competing for any cash as a salary, purse, or prize for participating in any match, contest, or exhibition of boxing; (B) Is participating or has participated in any match, contest, or exhibition of boxing to which admission is granted upon payment of any ticket for admission or other evidence of the right of entry; (C) Is participating or has participated in any match, contest, or exhibition of boxing which is or was filmed, broadcast, or transmitted for viewing; or (D) Is participating or has participated in any match, contest, or exhibition of boxing which provides a commercial advantage by attracting persons to a particular place or promoting a commercial product or enterprise. (15) 'Professional match, contest, or exhibition of boxing' means a boxing match, contest, or exhibition which is not governed or authorized by one or more of the organizations listed in paragraph (1) of this Code section and: (A) Rewards a boxer participating participant with cash as a salary, purse, or prize for such participation; (B) Requires for admission payment of a ticket for admission or other evidence of the right of entry; (C) Is filmed, broadcast, or transmitted for viewing; or (D) Provides a commercial advantage by attracting persons to a particular place or promoting a commercial product or enterprise. (16) 'Promoter' means the person primarily responsible for organizing, promoting, and producing a professional match, contest, or exhibition of boxing and who is legally responsible for the lawful conduct of such professional match, contest, or exhibition of boxing. (16.1) 'Promotion of unarmed combat' means the organization, promotion, production, publicizing, or arranging of, or provision of a venue for, a competition of unarmed combat by a person who receives some compensation or commercial benefit from such competition. (17) 'Purse' or 'ring earnings' means the financial guarantee or any other remuneration, or part thereof, for which professional boxers or wrestlers are

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participating in a match, contest, or exhibition and includes the boxers or wrestlers share of any payment received for radio broadcasting, television, or motion picture rights. (17.1) 'Shidokan' means unarmed combat involving three separate, segregated rounds of which karate rules and techniques are exclusively used in one round, kickboxing rules and techniques are exclusively used in one round, and grappling rules and techniques are exclusively used in one round. (18) 'State' means any of the 50 states, Puerto Rico, the District of Columbia, and any territory or possession of the United States. (19) 'Ticket broker' means:
(A) Any person who is involved in the business of reselling tickets of admission to athletic contests, concerts, theater performances, amusements, exhibitions, or other entertainment events held in this state to which the general public is admitted and who charges a premium in excess of the price of the ticket; or (B) Any person who has a permanent office or place of business in this state who is involved in the business of reselling tickets of admission to athletic contests, concerts, theater performances, amusements, exhibitions, or other entertainment events held inside or outside this state to which the general public is admitted and who charges a premium in excess of the price of the ticket. The term ticket broker shall not include the owner, operator, lessee, or tenant of the property in which an athletic contest or entertainment event is being held or the sponsor of such a contest or event or the authorized ticket agent of such persons. (20)(A) 'Unarmed combat' means any form of competition between human beings or one or more human beings and one or more animals in which:
(i) One or more blows are struck which may reasonably be expected to inflict injury on a human being; and (ii) There is some compensation or commercial benefit arising from such competition, whether in the form of cash or noncash payment to the competitors or the person arranging the competition; the sale of the right to film, broadcast, transmit, or view the competition; or the use of the competition to attract persons to a particular location for some commercial advantage or to promote a commercial product or commercial enterprise. Such term also means any amateur kickboxing match in which the competitors are not wearing protective gear. (B) Unarmed combat shall include but shall not be limited to: tough man fights, bad man fights, nude boxing, and nude wrestling, patron boxing, patron martial arts, and patron wrestling. (C) Unarmed combat shall not include: (i) Professional boxing licensed in accordance with this chapter; (ii) Professional wrestling governed or authorized by an organization licensed or exempted from licensure in accordance with this chapter; (iii) Amateur boxing governed or authorized by an organization listed in paragraph (1) of this Code section;

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(iv) Amateur wrestling governed or authorized by an organization listed in paragraph (1) of this Code section; (v) Any competition displaying the skills of a single form of an Oriental system of unarmed self-defense combative sports or unarmed combative entertainment, including, but not limited to, kick boxing, karate, or full-contact karate, which that is held pursuant to the rules of that form and governed or authorized by a nationally recognized organization an organization licensed by the commission in accordance with Article 4 of this chapter; (vi) Shidokan when the competition is governed by the United States Shidokan of the World Karate Association or authorized by an organization licensed by the commission in accordance with Article 4 of this chapter; or (vii) Mixed martial arts fighting when the competition is sanctioned, approved, or endorsed by the International Sport Combat Federation (ISCF). governed or authorized by an organization licensed by the commission in accordance with Article 4 of this chapter; or (viii) Other martial arts competitions, when governed or authorized by an organization licensed by the commission in accordance with Article 4 of this chapter. (21) 'Wrestling' means: (A) A staged a staged performance of fighting and gymnastic skills and techniques by two or more human beings who are not required to use their best efforts in order to win and for which the winner may have been selected before the performance commences; or (B) A performance of fighting and gymnastic skills and techniques by two or more human beings."
SECTION 2. Said chapter is further amended by striking Code Section 43-4B-2, relating to the application of the chapter, and inserting in lieu thereof the following:
"43-4B-2. The provisions of this chapter shall not be construed to apply to any match, contest, or exhibition of boxing:
(1) In which the contestants are all amateurs; and (2) Which is governed or authorized by:
(A) U.S.A. Boxing; (B) The Georgia High School Athletic Association; (C) The National Collegiate Athletic Association; (D) Amateur Athletic Union; (E) Golden Gloves; or (F) Team Georgia Amateur Wrestling; (G) USA Wrestling; (H) National High School Coaches Association; (I) North American Sport Karate Association;

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(J) International Sport Kick Boxing/Karate Association; (K) World Kick Boxing Association; (L) United States Kick Boxing Association; (M) International Sport Combat Federation; (N) Professional Karate Commission; (O) International Kick Boxing Federation; or (P) The local affiliate of any organization listed in this paragraph.
SECTION 3. Said chapter is further amended in Code Section 43-4B-3, relating to the membership of the Georgia Athletic and Entertainment Commission, the commissions medical advisory panel, and reimbursement of members, by striking subsection (b) and inserting in lieu thereof the following:
"(b) The commission shall be composed of five members appointed by the Governor. All appointments shall be for terms of four years. Each member of the commission shall be appointed for a term of four years and until his or her successor is appointed. Vacancies shall be filled for the unexpired terms under the same procedures and requirements as appointments for full terms."
SECTION 4. Said chapter is further amended by striking Code Section 43-4B-8, relating to prohibited activities for commission members, and inserting in lieu thereof the following:
"43-4B-8. No member or employee of the commission and no person who administers or enforces the provisions of this chapter or rules promulgated in accordance with this chapter may belong to, contract with, or receive any compensation from any person or organization who authorizes, arranges, or promotes professional matches, contests, or exhibitions of boxing, martial arts, or wrestling or who otherwise has a financial interest in any activity or licensee regulated by this commission. The term 'compensation' does not include funds held in escrow for payment to another person in connection with a professional match, contest, or exhibition of boxing, martial arts, or wrestling."
SECTION 5. Said chapter is further amended by striking Code Section 43-4B-20, relating to required reports from promoters, and inserting in lieu thereof the following:
"43-4B-20. (a) A promoter holding a match, contest, or exhibition of boxing shall, within 72 hours three business days after the match, file with the commission a written report which includes the number of tickets sold, the amount of gross receipts, the amount of gross proceeds, and any other facts the commission may require. For the purposes of this chapter, total gross receipts include:

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(1) The gross price charged for the sale or lease of pay per view telecasting and motion picture rights without any deductions for commissions, brokerage fees, distribution fees, advertising, or other expenses or charges; (2) The face value of all tickets sold and complimentary tickets issued, provided, or given; and (3) The face value of any seat or seating issued, provided, or given in exchange for advertising, sponsorships, or anything of value to the promotion of an event. Within ten days following the match, contest, or exhibition of boxing, the promoter shall remit to the commission a tax payment in the amount of 5 percent of the gross proceeds exclusive of any federal taxes. (b) Where the rights to telecast by pay per view a match or matches held in this state under the supervision of the commission are in whole owned by, sold to, acquired by, or held by any person who intends to or subsequently sells or, in some other manner, extends such rights in part to another, such person is deemed to be a promoter and must be licensed as such in this state. Such person shall, A promoter who sells, transfers, or extends to another the rights to telecast by pay per view for viewing in this state, whether the telecast originates inside or outside this state, a match, contest, or exhibition of boxing that would be subject to regulation by the commission in accordance with this chapter if the match, contest, or exhibition were held in this state, shall, within 72 hours three business days after the sale, transfer, or extension of such rights in whole or in part, file with the commission a written report that includes the gross price charged for the rights to telecast by pay per view, the number of tickets sold, the amount of gross receipts, and any other facts the commission may require. (c) Any written report required to be filed with the commission under this Code section shall be postmarked within 72 hours three business days after the conclusion of the match or telecast, if the telecast is later than the match, and an additional five days shall be allowed for mailing. (d) The written report shall be accompanied by Each promoter subject to subsection (b) of this Code Section shall remit to the commission within ten days following a match, contest, or exhibition a tax payment in the amount of 5 percent of the total gross receipts, as defined in subparagraph (A) of paragraph (8) of Code Section 43-4B-1, exclusive of any federal taxes, except that the tax payment derived from the gross price charged for the sale or lease of pay per view telecasting and motion picture rights shall not exceed $40,000.00 for any single event. (e)(1) Any promoter who willfully makes a false and fraudulent report under this Code section is guilty of perjury and, upon conviction, is subject to punishment as provided by law. Such penalty shall be in addition to any other penalties imposed by this chapter. (2) Any promoter who willfully fails, neglects, or refuses to make a report or to pay the taxes as prescribed or who refuses to allow the commission to examine the books, papers, and records of any promotion is guilty of a misdemeanor. (f) The commission shall remit all tax payments to the general treasury of the state."

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SECTION 6. Said chapter is further amended in Code Section 43-4B-21, relating to penalties for violations relative to boxing and fighting, by inserting a new subsection to be designated subsection (d) to read as follows:
"(d) Promotion of unarmed combat, as defined in Code Section 43-4B-1, is a misdemeanor for the first offense; a high and aggravated misdemeanor for the second offense; and a felony for the third and subsequent offenses, punishable upon conviction by a fine not to exceed $10,000.00 or imprisonment not to exceed two years, or both such fine and imprisonment."
SECTION 7. Said chapter is further amended by striking Code Section 43-4B-26, relating to requirements for ticket brokers, and inserting in its place the following:
"43-4B-26. In order to engage in the practice or business of a ticket broker a person shall be required to:
(1) Maintain a permanent office or place of business in this state, excluding a post office box, for the purpose of engaging in the business of a ticket broker; (1)(2) Apply to the commission for a ticket brokers license on a form designated by the commission, pay an annual license fee of $500.00, and renew the license annually; (2)(3) Pay any local tax required by a local government; and (3)(4) Register for sales and use tax purposes pursuant to Article 1 of Chapter 8 of Title 48."
SECTION 8. Said chapter is further amended by striking Code Section 43-4B-28, relating to ticket sales, disclosure requirements, resale restrictions, and refunds, and inserting in its place the following:
"43-4B-28. (a) The ticket broker shall be required to:
(1) Disclose Post at its established place of business the terms of the purchasers right to cancel the purchase of a ticket from a ticket broker; (2) Disclose to the purchaser the refund policy of the ticket broker should an athletic contest or entertainment event be canceled; and (3) Disclose to the purchaser in writing the difference between the face value of the ticket and the amount which the ticket broker is charging for such ticket; and (4) Sell tickets only at its permanent office, place of business, or through the Internet; provided, however, that delivery of one or more tickets after the transaction is completed to a place other than the ticket brokers office or place of business shall not violate this paragraph. (b)(1) A ticket broker shall be prohibited from employing any agent or employee for the purpose of making future purchases of tickets from the owner, operator, lessee, or

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tenant of the property on which an athletic contest or entertainment event is to be held. (2) Each ticket broker, including any affiliated group of ticket brokers, shall be prohibited from acquiring and reselling in excess of 1 percent of the total tickets allocated for any contest or event. (3) Unless otherwise provided in a written agreement between a ticket broker and the purchaser, a ticket broker shall be required to refund any payment received for the purchase of a ticket under this article if the purchaser returns the ticket and requests a cancellation of the sale thereof within 36 hours from the time of purchase of the ticket and if such return is made more than 72 hours preceding the athletic contest or entertainment event. (4) A ticket broker shall be required to refund any payment received for the purchase of a ticket under this article if the athletic contest or entertainment event is canceled and not rescheduled. (5) If a ticket broker guarantees in writing delivery of a ticket or tickets to an athletic contest or entertainment event as provided under this article to a purchaser and fails to complete such delivery, the ticket broker shall be required to provide within 15 days a full refund of any amount paid by the purchaser and, in addition, shall pay the purchaser a refund fee of three times the amount paid by the purchaser for each such ticket. (c)(1) For all venues which seat or admit less than 15,000 persons, a A ticket broker and its employees, agents, and assigns are criminally prohibited from reselling or offering for resale any ticket within 1,500 feet from the venue where an event or contest is to be held or is being held. (2) For all venues which seat or admit 15,000 or more persons, a ticket broker and its employees, agents, and assigns are criminally prohibited from reselling or offering for resale any ticket within 2,700 feet from the venue where an event or contest is to be held or is being held. (d) Any ticket broker offering to resell tickets to an athletic contest or entertainment event through any printed, broadcast, or Internet advertising shall include in such advertising the license number of such ticket broker offering such tickets for resale."
SECTION 9. Said chapter is further amended by striking subsection (a) of Code Section 43-4B-29, relating to resale of tickets by an original purchaser for personal use, and inserting in lieu thereof the following:
"(a) No provision of this article or any other provision of law shall criminally prohibit any person who is the original purchaser for personal use of one or more tickets to an athletic contest or entertainment event covered under this article from reselling or offering for resale any of such tickets for any price, provided that such person does not sell or offer to sell such tickets within 1,500 feet of a ticket office 2,700 feet of a venue which seats or admits 15,000 or more persons for such a contest or event or a public entrance to such a contest or event. No provision of this article or any other provision of

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law shall criminally prohibit the purchaser for personal use of one or more tickets to an athletic contest or entertainment event from reselling or offering for resale any of such tickets in any zone or zones within the restricted areas, as provided in this subsection or subsection (b) of Code Section 43-4B-30, where such activity is authorized by the sponsor of the contest or event and the owner or operator of the venue where such contest or event is being held or to be held."
SECTION 10. Said chapter is further amended by inserting a new Code section to be designated Code Section 43-4B-29.1 to read as follows:
"43-4B.29.1. (a) Notwithstanding subsection (c) of Code Section 43-4B-28, and subsection (b) of Code Section 43-4B-30, no provision of this article or any other provision of law shall provide a criminal penalty for or prohibit the resale or offering for resale of a ticket or tickets to an athletic contest or entertainment event covered under this article by a ticket broker or a ticket brokers employees, agents, and assigns in a zone or zones within the area where such resale or offering for resale is prohibited by such subsections, if such activity is authorized by the organizer of the contest or event and the owner or operator of the venue where such contest or event is being held or to be held. (b) Notwithstanding subsection (a) of Code Section 43-4B-29 and subsection (b) of Code Section 43-4B-30, no provision of this article or any other provision of law shall provide a criminal penalty for or prohibit the resale or offering for resale of a ticket or tickets purchased by any person who is the original purchaser for personal use of such ticket or tickets to an athletic contest or entertainment event covered under this article in a zone or zones within the area where such resale or offering for resale is prohibited by such subsections, if such activity is authorized by the organizer of the contest or event and the owner or operator of the venue where such contest or event is being held or to be held."
SECTION 11. Said chapter is further amended by striking Code Section 43-4B-30, relating to county and municipal ordinances, and inserting in its place the following:
"43-4B-30. (a) With regard to any single athletic contest or entertainment event which occurs no more often than once annually and with regard to any series of athletic contests which occur no more often than once annually and which occur within a time period not exceeding ten days, the municipal corporation in which such contest, event, or series of contests is to be held, or if the contest, event, or series of contests is to be held in an unincorporated area, the county of such unincorporated area, is authorized to enact by ordinance regulations governing ticket brokers for such contest, event, or series of contests which are more restrictive than the provisions of this article. (b) The municipal corporation in which an athletic contest or entertainment event is to be held, or if the contest or entertainment event is to be held in an unincorporated area,

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the county of such unincorporated area, is authorized to enact an ordinance prohibiting the resale or offering for resale of one or more tickets by a ticket broker or by a person who is the original purchaser for personal use of one or more tickets within 2,700 feet of a venue which seats or admits 15,000 or more persons.
(c)(1) Municipal corporations and counties in this state are authorized to enact an ordinance requiring an individual reselling tickets or offering tickets for resale in such municipal corporations or in the unincorporated area of such counties to obtain a permit from the municipal corporation or county for such activity if the individual:
(A) Engages in reselling tickets or offering tickets for resale in or on the streets, sidewalks, or other places owned or operated by such municipal corporation or county and open to the public regardless of whether such individual maintains a permanent office or place of business for reselling tickets or offering tickets for resale in this state; or (B) Does not maintain a permanent office or place of business in this state. (2) A municipality or county may charge a fee for such permit not to exceed $150.00. (3) In order to obtain a permit, individuals first must provide proof of licensing under Code Section 43-4B-26 to the municipality or county issuing such permits. (4) The provisions of this Code section shall not apply to an original purchaser for personal use. (5) The provisions of this Code section shall not apply to the delivery of one or more tickets after a sales transaction is completed at a ticket brokers permanent office or place of business in this state."
SECTION 12. Said chapter is further amended by inserting a new article to be designated Article 4, to read as follows:
"ARTICLE 4
43-4B-50. (a) The commission shall have the sole authority to license organizations that govern and authorize matches, contests, and exhibitions of martial arts and wrestling and to exempt organizations from licensure in accordance with this article. The commission shall have the sole authority to permit and regulate matches, contests, and exhibitions of martial arts and wrestling. The commission shall have the sole authority to license promoters of matches, contests, and exhibitions of martial arts. The commission shall have the duty to safeguard the public health, to protect competitors, and to provide for competitive matches by requiring licensed organizations to abide by rules promulgated by the commission for basic minimum medical and safety requirements based on the nature of the activity and the anticipated level of physical conditioning and training of competitors. The commission shall have the authority to inquire as to a licensed organizations plans or arrangements for compliance with such rules. The commission shall have the authority to require annual fees for licensure and a fee for each such

TUESDAY, MARCH 29, 2005

3523

match, contest, or exhibition or for each show and to penalize licensed organizations, licensed promoters, and the holders of match permits that violate the provisions of this article or rules of the commission promulgated in accordance with this article. (b) If requested by a licensed organization, the commission shall have the authority to provide direct oversight services, including but not limited to on-site inspectors, to a licensed organization for a fee negotiated between the commission and the licensed organization.
43-4B-51. (a) Except as otherwise provided in subsection (c) of this Code section, the annual fee for licensure of organizations subject to this article is $1,000.00. (b) As used in this subsection, the term 'show' includes all matches, contests, or exhibits held at the same venue on the same date and included in the same admission fee if an admission fee is charged. Except as otherwise provided in subsection (c) of this Code section, the maximum permit fee for each show authorized or governed by an organization licensed in accordance with this article is $250.00. The maximum permit fee for each match, contest, or exhibition that is not a component of a show and is authorized by an organization licensed in accordance with this article is $250.00, except as otherwise provided in subsection (c) of this Code section. Such fee shall be paid to the commission on or before the date of the match, contest, or exhibition. The commission may provide by rule for a refund of a portion of the fee if the match, contest, or exhibition is not held. (c) For organizations authorizing or governing matches, contests, or exhibitions of wrestling as defined in subparagraph (A) of paragraph (21) of Code Section 43-4B-1, the annual fee for licensure is $100.00. There shall be no permit fee for matches, contests, or exhibitions of wrestling as defined in such subparagraph. Organizations subject to this subsection shall make reports to the commission in accordance with rules and regulations promulgated by the commission. (d) The annual fee for a promoters license for promoters of martial arts matches, contests, or exhibitions shall be $500.00.
43-4B-52. (a) A licensed organization shall provide written notice to the commission of a match, contest, or exhibition authorized and governed by the organization no later than 15 days before the date of the match, contest, or exhibition. The licensed organization governing the match, contest, or exhibition shall provide information required by the commission relating to the contestants, venue, rules for the competition, and anticipated level of physical conditioning and training of the contestants. (b) A licensed organization shall, after a match, contest, or exhibition authorized and governed by the organization, file with the commission an affidavit that includes the number of tickets sold, the amount of gross receipts, the amount of sales tax to be paid to the Department of Revenue, and any other facts the commission may require. Such

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affidavit shall be postmarked within three business days after the conclusion of the match, contest, or exhibition.
43-4B-53. (a) Notwithstanding any other provision of this chapter or any other law to the contrary, no person or entity shall directly or indirectly engage in the practice of being a promoter of kick boxing, muay thai, Thai boxing, full-contact karate, mixed martial arts, shidokan, or martial arts matches, contests, exhibitions of any type, or be employed or otherwise serve as a manager, matchmaker, or organizer for any person or entity engaged in the practice of being a promoter of kick boxing, muay thai, Thai boxing, full-contact karate, mixed martial arts, or martial arts matches, contests, or exhibitions of any type, who has been convicted of, has pleaded guilty to, has entered a plea of nolo contendere to, or has been found guilty of a felony or crime of moral turpitude under the laws of this state or any offense that, had it occurred within this state, would constitute a felony or crime of moral turpitude under the laws of this state for a period of ten years from the date of such conviction or plea. For purposes of this Code section, a conviction shall include but not be limited to disposition under Article 3 of Chapter 8 of Title 42. (b) Notwithstanding any other provision of this chapter or any other law to the contrary, no person or entity shall be retained, employed, or otherwise serve as a sanctioning, governing, licensing, authorizing, or ranking body or organization or act as an employee or representative thereof for any kick boxing, muay thai, full-contact karate, mixed martial arts, shidokan, or martial arts matches, contests, or exhibitions of any type promoted, managed, or organized in violation of subsection (a) of this Code section. (c) Notwithstanding any other provision of this chapter or any other law to the contrary, no sanctioning, governing, licensing, authorizing, or ranking body or organization for any kick boxing, muay thai, Thai boxing, full-contact karate, mixed martial arts, shidokan, or martial arts matches, contests, or exhibitions of any type shall employ, designate, or otherwise assign or utilize any person as a representative or official who has pleaded guilty to, has entered a plea of nolo contendere to, or has been found guilty of a felony or crime of moral turpitude under the laws of this state or any offense that, had it occurred within this state, would constitute a felony or crime of moral turpitude under the laws of this state for a period of ten years from the date of such conviction or plea. For purposes of this Code section, a conviction shall include but not be limited to disposition under Article 3 of Chapter 8 of Title 42. (d) The first violation of this Code section by any individual or entity shall constitute a misdemeanor of a high and aggravated nature. Any second and subsequent conviction under this Code section shall constitute a felony and shall be punished by imprisonment for not less than one nor more than five years.
43-4B-54. (a) The commission is authorized to suspend, revoke, or deny a license or renewal of a

TUESDAY, MARCH 29, 2005

3525

license of an organization or a promoter for violation of this article or rules of the commission promulgated in accordance with this article. The commission is authorized to fine a licensed organization or promoter for violation of this article or rules of the commission promulgated in accordance with this article. (b) The commission is authorized to suspend, revoke, or deny issuance of a permit for a show, match, contest, or exhibition issued in accordance with this article in the interest of the safety or health of the competitors or public, or for violation of this article or rules of the commission promulgated in accordance with this article.
43-4B-55. (a) Subject to the restriction set forth in Code Section 43-4B-53, the commission is authorized to exempt organizations from the requirements of licensure and permitting when the commission, in its discretion, deems the matches, contests, and exhibitions authorized or governed by the organization present little or no danger to the health and safety of the competitors and the public. (b) In determining whether to exempt an organization from licensure and permitting requirements, the commission shall consider the following factors:
(1) Whether the organization requesting exemption has allowed any person who has ever pleaded guilty to, has entered a plea of nolo contendere to, or has been found guilty of a felony or crime of moral turpitude under the laws of this state or any offense that, had it occurred within this state, would constitute a felony or crime of moral turpitude under the laws of this state, within ten years of such conviction or plea, to act as a promoter for any match, contest, or exhibition that it has sanctioned, governed, licensed, or authorized or whether it has authorized, retained, employed, or otherwise allowed such a person to act or serve as its employee or representative in connection with any match that it has sanctioned, governed, licensed, or authorized. For purposes of this Code section, a conviction shall include but not be limited to adjudication under Article 3 of Chapter 8 of Title 42. Should the commission determine that a sanctioning organization has allowed, retained, employed, or otherwise authorized such a person to act in any of the aforementioned capacities, the organization shall not be exempted from the requirements of licensure. (2) Whether the matches, contests, and exhibitions are conducted in the course of teaching wrestling or a martial art and are closely supervised by well-trained teachers; (3) Whether an admission fee is charged for viewing the matches, contests, or exhibitions; (4) Whether the matches, contests, or exhibitions offer a commercial advantage to the organization; (5) Whether the matches, contests, or exhibitions are conducted in a manner to minimize the danger of injury; (6) Whether the commissions information about previous matches, contests, or exhibitions conducted by the organization indicates that the matches, contests, or exhibitions are likely to result in injury; and

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(7) Other factors deemed by the commission as indicia of danger to health or safety and set out in rules promulgated by the commission."

SECTION 13. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Graves of the 137th moves to amend the Committee substitute to SB 224 by inserting at the beginning of line 18 of page 7 the following:

"(a)"

By inserting between lines 1 and 2 of page 8 the following:

"(b) The provisions of this chapter shall not apply to any matches, contests, or exhibitions of professional wrestling or to a promoter or organization that promotes, organizes, or governs such matches, contests, or exhibitions where such promoter or organization is a corporation that, at the time of such matches, contests, or exhibitions:
(1) Is registered under the federal Securities Exchange Act of 1934; and (2) Has total assets of not less than $25,000,000.00."

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 Y Barnes Y Bearden E Beasley-Teague
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
Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England E Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson
Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y 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
Mitchell Y Morgan Y Morris
Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal

Y Sailor Y Scheid Y Scott, A Y Scott, M
Setzler Y 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
Smyre

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3527

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

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 Y Heard, K Y 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 Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Oliver Y O'Neal Y Orrock N 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
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, by substitute, as amended, the ayes were 154, nays 2.

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

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.

The following amendment was read:

Representatives Stephens of the 164th, Forster of the 3rd and Wilkinson of the 52nd move to amend SB 98 by adding at the end of line 4 of page 1 the following:

"exceptions; to provide for".

By striking the quotation marks at the end of line 26 and inserting between lines 26 and 27 of page 2 the following:

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"(4) The authorization for local board of education member benefits and related expenditures provided by this subsection shall not apply to a local board of education for a period of 12 months following the starting date of a student school year for elementary or secondary schools as adopted by such local board of education if such starting date occurs prior to the conclusion of the latest sales tax exemption period scheduled for the calendar year in which such student school year begins under paragraph (75) of Code Section 48-8-3, if any.'".

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

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

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

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

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

On the adoption of the amendment, the ayes were 29, nays 127.

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

The amendment was lost.

TUESDAY, MARCH 29, 2005

3529

The following amendment was read and withdrawn:

Representatives Stephens of the 164th, Forster of the 3rd and Wilkinson of the 52nd move to amend SB 98 by adding at the end of line 4 of page 1 the following:

"exceptions; to provide for".

By striking the quotation marks at the end of line 26 and inserting between lines 26 and 27 of page 2 the following:

"(4) The authorization for local board of education member benefits and related expenditures provided by this subsection shall not apply to a local board of education for a period of 12 months following the starting date of a student school year for elementary or secondary schools as adopted by such local board of education if such starting date occurs prior to the conclusion of the latest sales tax exemption period scheduled for the calendar year in which such student school year begins under paragraph (75) of Code Section 48-8-3, if any. For purposes of this paragraph, the term 'starting date of a student school year' means the first day of the school year on which classroom teachers are required to report for any duty.'".

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 N Amerson Y 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 Y Brown Y Bruce Y Bryant Y Buckner, D N Buckner, G Y Burkhalter E Burmeister N Burns

Y Crawford Y Cummings Y Davis N Day
Dean Y Dickson
Dodson N Dollar Y Drenner Y Dukes
Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N 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 N Jacobs Y James Y Jamieson Y Jenkins N 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 N May Y McCall
McClinton Y Meadows Y Millar Y Miller N Mills
Mitchell Y Morgan Y Morris
Mosby E Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock Y Parham N Parrish N Parsons

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

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

Y Graves, D N Graves, T Y 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

Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox Y Mangham N 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

On the passage of the Bill, the ayes were 142, nays 21.

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

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

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.

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 E Beasley-Teague

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson
Dodson Y Dollar

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson

Y Maxwell Y May Y McCall Y McClinton Y Meadows N Millar Y Miller Y Mills

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon
Sims, C

TUESDAY, MARCH 29, 2005

3531

Benfield Y Benton Y Black
Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D N Buckner, G
Burkhalter E 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 Y Cox

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
Gardner Y Geisinger
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 Y Hill, C Y Hill, C.A

Y Jacobs Y James Y Jamieson Y Jenkins N 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 N Lucas Y Lunsford Y Maddox Y Mangham Y Manning N Marin Y Martin

Mitchell Y Morgan Y Morris
Mosby E Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal N Orrock Y Parham
Parrish Y Parsons
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

On the passage of the Bill, the ayes were 144, nays 14.

Y Sims, F N Sinkfield E Smith, B Y Smith, L N Smith, P Y Smith, R E Smith, T Y Smith, V
Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton N Teilhet Y Thomas, A.M N 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

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

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.

The following Committee substitute was read and adopted:

A BILL

To amend Chapter 33 of Title 31 of the Official Code of Georgia Annotated, relating to

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health records, so as to provide that any provider may create, maintain, transmit, receive, and store records in an electronic format; to provide conditions; to provide for legal rights and responsibilities; to provide for tangible copies of records; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 33 of Title 31 of the Official Code of Georgia Annotated, relating to health records, is amended by inserting at the end thereof the following:
"31-33-8. (a) Notwithstanding any other provision of the law to the contrary, any provider may, in its sole discretion, create, maintain, transmit, receive, and store records in an electronic format within the meaning of Code Section 10-12-3 and may, in its sole discretion, temporarily or permanently convert records into an electronic format. (b) A provider shall not be required to maintain separate tangible copies of electronically stored records. (c) The other provisions of this chapter shall apply to electronic records to the same extent as those provisions apply to tangible records. This Code section is subject to all applicable federal laws governing the security and confidentiality of a patients personal health information. (d) A tangible copy of a record reproduced from an electronically stored record shall be considered an original for purposes of providing copies to patients or other authorized parties and for introduction of the records into evidence in administrative or court proceedings. (e) Except as provided otherwise under federal law, upon receiving a request for a copy of a record from a patient or an authorized person under Code Section 31-33-3, a provider shall provide copies of the record in either tangible or electronically stored form."

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 Y Anderson Y Ashe Y Barnard

Y Crawford Y Cummings Y Davis N Day Y Dean

Y Holmes Y Holt Y Horne Y Houston Y Howard

Y Maxwell E May Y McCall
McClinton Y Meadows

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

TUESDAY, MARCH 29, 2005

3533

Y Barnes Y Bearden E Beasley-Teague
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 E 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

Y Dickson Y 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
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 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 Y Lunsford Y Maddox Y Mangham Y Manning Y Marin
Martin

Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris
Mosby E 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 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

Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield E Smith, B Y Smith, L Y Smith, P Y Smith, R E Smith, T Y Smith, V
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 Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 155, nays 1.

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.

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.

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

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

Y Abdul-Salaam Y Amerson Y 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 Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter E 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 Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y 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 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
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
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 E May Y McCall Y McClinton Y Meadows
Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris
Mosby E Mosley Y Mumford
Murphy, J Y Murphy, Q Y Neal Y Oliver Y O'Neal Y Orrock
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

On the passage of the Bill, the ayes were 161, nays 0.

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield E 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 Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E
Williams, R Y Wix Y Yates
Richardson, Speaker

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

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,

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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.
The following Committee substitute was read and adopted:
A BILL
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 certain superior court judges may authorize such use; 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 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, is amended by striking the Code section and inserting in lieu thereof a new Code Section 16-11-64.1 to read as follows:
"16-11-64.1. Any district attorney having jurisdiction over the prosecution of the crime under investigation or the Attorney General is authorized to make application for an order or an extension of an order authorizing or approving the installation and use of a pen register or a trap and trace device to a judge of the superior court of the same judicial circuit as the District Attorney, or, in the case of the Attorney General, in any judicial circuit; for the circuit wherein the pen register or trap and trace device is to be installed and used, and the superior and said court for that circuit is authorized to enter an order authorizing the use of a pen register or a trap and trace device, to the extent the same is consistent with and permitted by the laws of the United States."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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The 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 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 Y Burkhalter E 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 Y 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 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 Y Jamieson Y Jenkins Y Jennings
Johnson 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 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
Mosby E Mosley Y Mumford
Murphy, J Y Murphy, Q Y Neal
Oliver Y O'Neal
Orrock 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 Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield E Smith, B Y Smith, L Y Smith, P Y Smith, R E 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 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 Ralston of the 7th moved that the following Bill of the Senate be withdrawn from the Rules Calendar and recommitted to the Committee on Rules:

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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.

The motion prevailed.

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 876 SB 219 SB 246 SB 247 SB 295

Do Pass, by Substitute Do Pass Do Pass Do Pass Do Pass, by Substitute

SB 337 SB 338 SB 339 SB 345

Do Pass Do Pass Do Pass, by Substitute Do Pass

Respectfully submitted, /s/ Smith of the 168th
Chairman

The following Bills of the Senate, having been postponed from the previous legislative day, were taken up for consideration and read the third time:

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

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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.
The following Committee substitute was read:
A BILL
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the general contracting powers of the Department of Transportation, is amended by striking Code Section 32-2-78, relating to the definitions governing public-private initiatives, and inserting in its place the following:
"32-2-78. As used in this chapter, the term:
(1) 'Department' means the Georgia Department of Transportation. (2) 'Evaluation Committee' means the one or more committees established for the purpose of evaluating and making a recommendation with respect to unsolicited proposals, solicited proposals, competing proposals, or comparable proposals as set forth in this chapter. The Evaluation Committee shall consist of a designee of the Governor, a designee with a background in finance to be named by the Governor, the commissioner of the Department of Transportation, the director of the State Road and Tollway Authority, and the director of the Georgia Regional Transportation Authority. The Evaluation Committee shall employ such experts as needed in the

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performance of its duties and charge the expenses incurred by it to such funds made available to the department for such purposes. (3) 'Letter of intent to negotiate' means the written statement of mutual intent by the department and the proposer for a public-private initiative to develop and implement a course of negotiation, within a substantive framework, which if successfully completed could lead to a binding contractual agreement to accomplish a proposed transportation system project. (2)(4) 'Private contribution' means resources supplied by a private entity to accomplish all or any part of the work on a transportation system project, including funds, financing, income, revenue, cost sharing, technology, staff, materials, equipment, expertise, data, or engineering, construction, or maintenance services, or other items of value. To the extent that this definition may conflict with any federal law or regulation, for any project utilizing federal funds, the federal definition shall supersede this subsection paragraph. (3)(5) 'Public-private initiative' means a nontraditional arrangement between the department and one or more private or public entities that provides for:
(A) Acceptance of a private contribution to a transportation system project or service in exchange for a public benefit concerning that project or service; (B) Sharing of resources and the means of providing transportation system projects or services; or (C) Cooperation in researching, developing, and implementing transportation system projects or services. (6) 'Solicited proposal' means a written proposal for a public-private initiative that is submitted by a private entity for the purpose of entering into an agreement with the department concerning a transportation system project in response to a formal solicitation or notification issued by the department. A solicited proposal may be made as a competing proposal or comparable proposal to an unsolicited proposal. (4)(7) 'Transportation system' means the state transportation infrastructure and related systems, including highways, roadways and associated rights of way, bridges, tunnels, overpasses, ferries, airports, port facilities, vehicle parking facilities, park-and-ride lots, transit systems, transportation management systems, intelligent vehicle highway systems, or similar facilities used for the transportation of persons or goods, together with any other property, buildings, structures, parking areas, appurtenances, and facilities needed to operate such system, including any major transportation facility as defined by paragraph (3) of subsection (a) of Code Section 32-2-3, and any other facility for other transportation purposes as defined by paragraph (18) of Code Section 32-1-3. (5)(8) 'Unsolicited proposal' means a written proposal for a public-private initiative that is submitted by a private entity for the purpose of entering into an agreement with the department concerning a transportation system project but that is not in response to a formal solicitation or request issued by the department."
SECTION 2.

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Said article is further amended by striking Code Section 32-2-79, relating to requirements for unsolicited proposals for public-private initiatives, and inserting in its place the following:
"32-2-79. (a) The department may solicit upon prior notice to the Governor, receive, consider, evaluate, and accept an unsolicited or solicited proposal for a public-private initiative only if the proposal complies with all of the requirements of this Code section. (b) The department may consider an unsolicited proposal only if the proposal:
(1) Is unique and innovative in comparison with and is not substantially similar to other transportation system projects already in the state transportation improvement program within the department or, if it is similar to a project in the state transportation improvement program, that such project has not been fully funded by the department or any other entity as of the date the proposal is submitted. Unique or innovative features which may be considered by the department in evaluating such a proposal may include but not be limited to unique or innovative financing, construction, design, or other components as compared with other projects or as otherwise defined by department rules or regulations; (2) Is independently originated and developed by the proposer; and (3) Includes or is accompanied by:
(A) Such detail and information as the department may require by rule or regulation to assist in its evaluation of the proposal and to determine if the proposal benefits the public. Such information shall include a list of any proprietary information included in the proposal which the proposer considers protected trade secrets or other information exempted from disclosure under Code Section 50-18-70, et seq., except that the information shall also include an executive summary which at a minimum shall summarize the proposed transportation facility or facilities, identify their proposed location, and provide any other additional information that may be required by the rules and regulations of the department. Such executive summary shall be subject to immediate disclosure to other interested competing proposers and the public; (B) An and an itemized, auditable listing of the costs associated with the development of the proposal; and (B)(C) Such fees as may be required by the rules and regulations of the department for submission of such proposals. (c) Paragraph (1) of subsection (b) of this Code section shall not be deemed to prohibit the department from encouraging the submission of unsolicited or solicited proposals that are well-developed and consistent with the departments general policy priorities by providing written or oral information to any person regarding the policy priorities or the requirements and procedures for submitting an unsolicited or solicited proposal. (d) If the unsolicited proposal does not comply with the requirements of subsection (b) of this Code section, the department shall return the proposal without further action. In taking such action, the department shall not disclose either the originality of the research or any proprietary information associated with the proposal to any other person

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3541

or entity. If the unsolicited proposal complies with all the requirements of subsection (b) of this Code section, the department may further evaluate the proposal pursuant to this Code section. (e) Within 30 days of receipt of an unsolicited proposal that meets the requirements of subsection (b) of this Code section, the department shall provide public notice of the proposed project. This notice shall:
(1) Be published in a newspaper of general circulation which is a legal organ and upon such electronic website providing for general public access as the department may develop for such purpose or in the same manner as publications providing notice as described in Code Section 32-2-65; (2) Be provided to any person or entity that expresses in writing to the department an interest in the subject matter of the proposal and to any member of the General Assembly whose House or Senate district would be affected by such proposal; (3) Outline the general nature and scope of the unsolicited proposal, including the location of the transportation system project and the work to be performed on the project; and (4) Specify the address to which any comparable proposal must be submitted. (f) Any person or entity who elects to submit a competing proposal for the proposed qualifying project to the department shall submit a written letter of intent to do so by no later than 30 45 days after the departments initial publication of the notice accompanied by any fee that the department shall prescribe by guideline, rule, or regulation. Any letter of intent received by the department after the expiration of the 30 45 day period or without any fee required by the department shall not be valid, and any competing proposal submitted thereafter by a person or entity who has not submitted a timely letter of intent shall not be considered by the department and shall be returned to the person or entity who did not submit a letter of intent by the deadline. For those persons or entities who elect to submit a competing proposal and submit a timely letter of intent with the department, any such competing proposal shall be submitted to the department by no later than 90 135 days after the departments initial publication of the notice required by this Code section. Only those competing, compliant proposals submitted by such deadline shall be considered by the department. (g) Upon receipt of a proposal properly submitted in response to the notice described in subsection (e) of this Code section which fully meets the requirements of subsection (b) of this Code section, the department shall: (1) Determine, in its discretion, if any submitted proposal is comparable in nature and scope to the unsolicited original proposal and whether it warrants further evaluation; (2) Evaluate the original proposal and any comparable proposal and make a recommendation to the Evaluation Committee on whether to move forward with a letter of intent to negotiate; and (3) Conduct good faith discussions and, if necessary, negotiation negotiations concerning each comparable qualified proposal. (h) The department shall base its evaluation of the unsolicited original proposal or comparable proposals on the following factors:

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(1) Unique and innovative methods, approaches, or concepts demonstrated by the proposal; (2) Scientific, technical, or socioeconomic merits of the proposal; (3) Potential contribution of the proposal to the departments mission; (4) Capabilities, related experience, facilities, or techniques of the proposer as described in the proposal or unique combinations of these qualities that are integral factors for achieving the proposal objectives; (5) Qualifications, capabilities, and experience of the proposed principal investigator, team leader, or key personnel who are critical in achieving the proposal objectives; and (6) Any other factors appropriate to a particular proposal. (i) Once the department has concluded its evaluation of the unsolicited proposal and any comparable proposals or a solicited proposal where applicable, the department shall transmit its findings and research to the Evaluation Committee for further review. Once the Evaluation Committee has concluded its review and makes its recommendation to the department, the department may execute a commitment agreement letter of intent to negotiate with the entity submitting the most desirable proposal as determined by the departments evaluation process. At least two weeks prior to approval of any project, the department shall present to the Governor and the House and Senate transportation committees a report with respect to the proposed commitment agreement letter of intent to negotiate. Such commitment agreement letter of intent to negotiate shall indicate the departments commitment willingness to undertake a public-private initiative to execute the proposal if, after public comment: (1) The department determines that the project is financially feasible and in the public interest; and (2) The department and the proposer can arrive at agreeable terms and conditions, including price of the project. (j) The department may execute a commitment agreement letter of intent to negotiate relating to an unsolicited proposal or conforming comparable proposal or a solicited proposal only if: (1) The proposal receives a favorable evaluation by the department and the Evaluation Committee; (2) The department makes a written determination based on facts and circumstances that the proposal is an acceptable basis for an agreement to obtain services from the entity making the proposal; and (3) The specific commitment agreement letter of intent to negotiate is specifically approved by affirmative vote of the State Transportation Board. (k) Once the commitment agreement letter of intent to negotiate is signed by the parties, prior to final contracting for any public-private initiative from the unsolicited or conforming comparable proposal or a solicited proposal, the department: (1) Should provide public notice that the department will receive public comment with respect to such proposal. The notice shall:

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(A) Be published in a newspaper of general circulation and which is a legal organ, and upon such electronic website providing for general public access as the department may develop for such specific purpose, or in the same manner as publications providing notice as described in Code Section 32-2-65, or both, allowing at least 14 days and no more than 45 days for public comment to be submitted for consideration; (B) Be provided to any person or entity that expresses in writing to the department an interest in the subject matter of the proposal; (C) Outline the general nature and scope of the proposal, including the location of the transportation system project and the work to be performed on the project; and (D) Specify the address to which any public comment or requests for an executive summary must be submitted; and (2) In its discretion, may provide additional opportunity for public comment at a public meeting or meetings. In such event, notice of such meetings shall be provided in the same manner as described in paragraph (1) of this subsection. (l) In taking the actions required by subsections (e) and (k) of this Code section, the department shall not disclose either the originality of the research or any proprietary information associated with the proposal as listed by the proposer required by paragraph (3) of subsection (b) of this Code section. (m) Except as provided under subparagraph (b)(3)(A) of this Code section, the The provisions of Code Section Sections 50-14-1 and 50-18-70 to the contrary notwithstanding, no proposal shall become a 'public record' nor be subject to disclosure as such until such time as a commitment agreement has been signed and notice of solicitation of public comment has been published as required in subsection (k) of this Code section the unsolicited proposal, any comparable proposals, or any solicited proposals have been received and any competitive interviews specified in the solicitation process have been completed. At all times thereafter, the department shall not disclose trade secret or proprietary information, or both, specifically designated by the proposer as required by paragraph (3) of subsection (b) of this Code section which meets the definition of a trade secret under Code Section 50-18-70, et seq. Subject to the foregoing, all proposals submitted to the department shall become the property of the department and are subject to the Georgia Open Records Act. Proposers should familiarize themselves with the provisions of the Act to ensure that all documents identified as confidential will not be subject to disclosure under the Open Records Act; provided, however, that the department in consultation with the Department of Law shall make the final determination of whether or not the requested materials are exempt from disclosure. In the event that the department elects to disclose the requested material, it shall attempt to provide the proposer advance notice of its intent to disclose. (n) The power of eminent domain shall not be delegated to any private entity under any public-private initiative commenced or proposed pursuant to this chapter. (o) The department or the departments designee has the authority to make the determination and take the actions required by this Code section.

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(p) If the department rejects or declines to accept an unsolicited proposal, but, within a period of two years following the submission of such proposal the department contracts for a substantially similar project, the department shall reimburse the proposer of the unsolicited proposal for the auditable costs associated with the preparation and development of the proposal upon a request for reimbursement to the department. This provision shall not apply if the department accepts a conforming comparable proposal through the procedures outlined in subsections (f) and (g) of this Code section."
SECTION 3. Said article is further amended by striking Code Section 32-2-80, relating to authority to contract with proposer for public-private initiative, and inserting in its place the following:
"32-2-80. (a) If the department follows the evaluation criteria set forth in Code Section 32-2-79 and if an unsolicited or solicited proposal contains all the information required by that Code section and the proposal is accepted by the department as demonstrated by the execution of a commitment agreement letter of intent to negotiate, upon completion of the public comment period, the department shall have the authority to contract with the proposer for a public-private initiative based upon the proposal without subjecting such contract to public bid as required by Code Section 32-2-64, 32-10-68, or 50-5-72. Such contracts shall be in compliance with all other applicable federal and state laws, including, but not limited to, Code Sections 13-10-40, 13-10-60, and 32-2-70, and each specific contract shall be specifically approved by affirmative vote of the State Transportation Board and concurrence by the Governor. (b) Any agreement entered into pursuant to this article may authorize funding to include tolls, fares, or other user fees and tax increments for use of the transportation facility that is the subject of the proposal. The department may take any action to obtain federal, state, or local assistance for a qualifying project that serves the public purpose of this chapter and may enter into any contracts required to receive such assistance. Any funds received from the state or federal government or any agency or instrumentality thereof shall be subject to appropriation as provided by the Constitution and laws of this state. The department may determine that it serves the public purpose of this chapter for all or any portion of the costs of a qualifying project to be paid, directly or indirectly, from the proceeds of a grant or loan made by the federal, state, or local government or any instrumentality thereof, including, but not limited to, the State Road and Tollway Authority and the Georgia Highway Authority. The department may agree to make grants or loans to the operator from time to time from amounts received from the federal, state, or local government or any agency or instrumentality, including, but not limited to, the State Road and Tollway Authority and the Georgia Highway Authority. (c) The department, in its sole discretion, may reject any unsolicited or solicited proposal at any time until a contract is signed with the entity submitting the proposal. In the event that a an unsolicited proposal is rejected but the department subsequently

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proceeds with all or part of such proposal within a period of two years, the entity submitting the proposal shall be entitled to reimbursement of the costs of developing the unsolicited proposal as indicated in subsection (p) of Code Section 32-2-79; provided, however, that the department shall not be responsible for reimbursement of the costs of developing a solicited proposal."
SECTION 4. 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, is amended by striking paragraph (10) of Code Section 32-10-1, relating to the definitions governing the Georgia Highway Authority, and inserting in its place the following:
"(10) 'Project' means: (A) A continuous length or stretch of state road, including bridges thereon, as to which the authority has undertaken or agreed to undertake any action permitted by the terms of this article or as to which any such action has been completed by the authority; (B) A continuous length or stretch of county road, including bridges thereon, as to which the authority has undertaken or agreed to undertake any action permitted by the terms of this article or as to which any such action has been completed by the authority; (C) A continuous length or stretch of urban road, including bridges thereon, as to which the authority has undertaken or agreed to undertake any action permitted by the terms of this article or as to which any such action has been completed by the authority; and (D) One or more bridges, as defined in paragraph (5) of this Code section, together with the approaches thereto, as defined in paragraph (1) of this Code section; and (E) A project undertaken pursuant to a public-private initiative as authorized pursuant to Code Section 32-2-78."
SECTION 5. Said part is further amended by striking paragraphs (10) and (11) of Code Section 32-104, relating to powers of the Georgia Highway Authority generally, and inserting in their place the following:
"(10) To do and perform all things necessary or convenient to carry out the powers conferred upon the authority by this article; and (11) To prescribe rules and regulations as approved by the department for the operation of each project constructed under this article, including rules and regulations to ensure maximum use of each such project; and (12) To incorporate one or more nonprofit corporations as subsidiary corporations of the authority for the purpose of carrying out any of the powers of the authority and to accomplish any of the purposes of the authority. Any such subsidiary corporation shall be a nonprofit corporation, a body corporate and politic, and an instrumentality and public corporation of the state and shall exercise essential governmental

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functions. Any subsidiary corporations created pursuant to this power shall be created pursuant to Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' and shall be filed with the Secretary of State, who shall be authorized to accept such filings. The commissioner and two individuals appointed by the members of the authority shall constitute the members of and shall serve as directors of any subsidiary corporation, and such appointment shall not constitute a conflict of interest, provided that the provisions of subsection (a) of Code Section 45-10-23 or any other law shall not prevent full-time employees of the authority or the Department of Transportation from serving as members of the governing board of such subsidiary corporation. Upon dissolution of any subsidiary corporation of the authority, any assets shall revert to the authority or to any successor to the authority or, failing such succession, to the state, provided that any toll collection or other tollway operations remain under the authority of the State Road and Tollway Authority. The authority shall not be liable for the debts, obligations, or bonds of any subsidiary corporation or for the actions or omissions to act of any subsidiary corporation unless the authority in writing expressly so consents."
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 amendment was read:
Representative Smith of the 13th et al. move to amend the Senate substitute to SB 270 by striking "To" on line 1 on page 1 and inserting the following in lieu thereof:
"To amend Article 2 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the State Transportation Board, so as to provide a procedure for removing a member from the board; to"
By renumbering Sections 1 through 7 as Sections 2 through 8, respectively.
By adding a new Section 1 to read as follows:
"SECTION 1. Article 2 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the State Transportation Board, is amended by striking subsection (b) of Code Section 32-2-20, relating to the composition of the State Transportation Board, and inserting in its place the following:

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'(b) Each member shall be elected to serve for a term of five years and until his or her successor is duly elected and certified. The member of the board from each congressional district shall be elected by a majority vote of the members of the House of Representatives and Senate whose respective districts are embraced or partly embraced within such congressional district, meeting in caucus at the regular session of the General Assembly immediately preceding the expiration of the term of office of each such board member. Said caucus shall be called at the state capitol by the Speaker of the House of Representatives and the President of the Senate within the first ten days of the convening of the General Assembly in regular session by mailing to the members of the General Assembly who are affected written notice at least four days before the caucus, which notice shall state the time, place, and purpose of said caucus. Within 15 days after each such election, the Speaker of the House and the President of the Senate shall jointly transmit a certificate of such election to the Secretary of State who, upon receipt thereof, shall immediately issue his or her commission thereon, with the great seal of the state affixed thereto. A member of the board may be a subject of a recall vote if a petition for removal is signed by 20 percent of the members of the General Assembly whose respective districts are embraced or partly embraced within the congressional district of the member. The removal from office shall be voted upon at a specially called meeting of the caucus, such meeting to be called by the Speaker of the House of Representatives and the President of the Senate. By a vote of a majority of the members, the legislative caucus may remove the board member and fill the vacancy in the manner provided for in subsection (c) of this Code section. At a minimum of ten days prior to the meeting of the caucus, the board member who is the subject of the recall election shall be provided in writing a recall notice that shall include the reasons for the recall. The board member shall also be informed in the recall notice that an opportunity will be given to be heard in person or by counsel and to present witnesses to the legislative caucus prior to the recall vote.'"

The following amendment was read:

Representative Holmes of the 61st et al. move to amend the Smith amendment to SB 270 by striking "20" on line 29 on page 1 and inserting in lieu thereof "50".

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 E Beasley-Teague Y Benfield

N Crawford N Cummings N Davis N Day Y Dean N Dickson
Dodson Y Dollar Y Drenner

Y Holmes Holt
N Horne N Houston
Howard N Hudson Y Hugley
Jackson N Jacobs

N Maxwell N May N McCall Y McClinton N Meadows Y Millar Y Miller N Mills Y Mitchell

Y Sailor N Scheid N Scott, A N Scott, M N Setzler N Shaw N Sheldon N Sims, C Y Sims, F

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N Benton N Black Y Bordeaux N Borders N Bridges Y Brooks N Brown Y Bruce Y Bryant Y Buckner, D
Buckner, G N Burkhalter E Burmeister N Burns N Butler N Byrd N Carter N Casas Y Chambers N Channell N Cheokas N Coan N Cole N Coleman, B
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
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 James N Jamieson N Jenkins N 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 Lindsey N Lord N Loudermilk Y Lucas N Lunsford
Maddox Y Mangham Y Manning Y Marin N Martin

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

On the adoption of the amendment, the ayes were 54, nays 111.

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

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.

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

N Abdul-Salaam N Amerson N Anderson N Ashe Y Barnard Y Barnes N Bearden E Beasley-Teague N Benfield Y Benton N Black N Bordeaux Y Borders Y Bridges

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

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

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

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

TUESDAY, MARCH 29, 2005

3549

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

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

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
Maddox N Mangham N Manning N Marin Y Martin

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

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

On the adoption of the Smith amendment, the ayes were 77, nays 86.

The amendment was lost.

The following amendment was read and withdrawn:

Representative Heard of the 104th et al. move to amend the Committee substitute to SB 270 by deleting the quotation mark at the end of line 34 on page 7 and inserting in lieu thereof the following:

"(q) No provision of this chapter shall be construed to allow the department to institute a toll on any highway existing at the time of enactment of this law, except by a referendum approved by the electors of the affected county or counties.'"

The following amendment was read:

Representative Heard of the 104th et al. move to amend the Committee substitute to SB 270 by deleting the quotation mark at the end of line 34 on page 7 and inserting in lieu thereof the following:

"(q) No provision of this chapter shall be construed to allow the department to institute a toll on any highway existing at the time of enactment of this law. However, any improvements to an existing highway may be tolled.'"

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

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

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

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

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

On the adoption of the amendment, the ayes were 19, nays 148.

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

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:

TUESDAY, MARCH 29, 2005

3551

Y Abdul-Salaam Y Amerson Y 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 Bryant Y Buckner, D Y Buckner, G Y Burkhalter E 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
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 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
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
Mosby Y Mosley
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 Y Shaw Y Sheldon Y Sims, C Y Sims, F Y 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 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 170, nays 0.

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

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

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authorize the Commissioner of Insurance to adopt certain rules and regulations; 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 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new Chapter 59 to read as follows:
"CHAPTER 59
33-59-1. This chapter shall be known and may be cited as the 'Small Business Employee Choice of Benefits Health Insurance Plan Act.'
33-59-2. The General Assembly recognizes the need for employers and individuals in this state to have the opportunity to choose among group and individual health insurance plans that are more affordable and flexible than standard market policies of accident and sickness insurance and the need to increase the availability of health insurance coverage by authorizing the transaction of this type of plan or policy by accident and sickness insurers licensed to transact business in this state. This chapter shall require insurers which provide major medical coverage to offer policies that contain all state mandated health benefits as well as policies that do not contain any state mandated health benefits; provided, however, that, on and after July 1, 2005, it is explicitly intended that employees in group plans or individuals may choose pursuant to this chapter among new health insurance plans offered by insurers that may include or exclude state mandated health benefits.

TUESDAY, MARCH 29, 2005

3553

33-59-3. As used in this chapter, the term:
(1) 'Group' means any employer group of 15 employees or less. (2) 'Health benefits plan' means the Small Business Employee Choice of Benefits Health Insurance Plan. (3) 'Insurer' means any insurer or nonprofit organization authorized to sell accident and sickness policies, subscriber contracts, certificates, or agreements of any form under Chapters 15, 18, 19, 20, 21, 29, and 30 of this title.
(4)(A) 'State mandated health benefits' means coverages for health care services or benefits, required by state law or state regulations, requiring the reimbursement or utilization related to specific health illnesses, injuries, or conditions of the covered person or inclusion of a specific category of licensed health care practitioner to be provided to the covered person in an individual, blanket, or group policy or contract for a health related condition of a covered person including, but not limited to, those contained in Code Sections 31-17-4.1, 33-24-24, 33-24-27, 33-24-27.1, 33-24-27.2, 33-24-28.3, 33-24-28.4, 33-24-56, 33-24-59.9, 33-29-6, 33-29-20, 33-30-4.3, 33-307, 33-30-14, and 33-53-2. (B) 'State mandated health benefits' does not mean standard provisions or rights required to be present in an individual, blanket, or group policy or contract for accident and sickness insurance pursuant to state law or regulations unrelated to specific health illnesses, injuries, or conditions of the insured, including, but not limited to, those related to continuation of coverage in Code Section 33-24-21.1, Code Section 33-24-21.2, paragraph (4) of Code Section 33-30-4, and paragraph (8) of subsection (b) of Code Section 33-30-6; entitlement to conversion privileges in Code Section 33-24-21.1; termination of coverage in Code Sections 33-24-21 and 33-24-28; coverage of newly born or adopted children in Code Section 33-24-22; surveillance tests for ovarian cancer in Code Section 33-24-56.2; colorectal cancer screening and testing in Code Section 33-24-56.3; coverage for hospital stays after delivery in Code Section 33-24-58.2; direct access to obstetricians and gynecologists in Code Section 33-24-59; treatment of dependent children with cancer in Code Section 33-24-59.1; coverage for equipment and self-management training for individuals with diabetes in Code Section 33-24-59.2; coverage for prescribed female contraceptive drugs or devices in Code Section 33-24-59.6, provided that nothing contained in this paragraph shall be construed to require any insurance company to provide coverage for abortion; coverage for prescription inhalers in Code Section 33-24-59.8; coverage for autism in Code Section 33-2459.10; coverage for mastectomy and lymph node dissection in Code Section 33-2472; coverage for mammograms, pap smears, and screening for prostate cancer in Code Sections 33-29-3.2 and 33-30-4.2; and coverage for child wellness exams in Code Sections 33-29-3.4 and 33-30-4.5.
33-59-4. Notwithstanding any other provision of law and on and after July 1, 2005:

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(1) Any insurer authorized to transact business in this state offering group accident and sickness policies or contracts shall be required to offer, through a licensed agent or agency, individual members of the group a choice between a group health benefit plan that contains all state mandated health benefits and one or more group health benefit plans that provide hospitalization health benefits and do not provide state mandated health benefits; and (2) Any insurer authorized to transact business in this state offering individual accident and sickness policies or contracts shall be required to offer, through a licensed agent or agency, individuals a choice between an individual health benefit plan that contains all state mandated health benefits and one or more individual health benefit plans that provide hospitalization health benefits and do not provide state mandated health benefits.
33-59-5. In each sale of accident and sickness policies or contracts in which the proposed group or individual policyholder has chosen a health benefits plan which does not provide state mandated health benefits, the insurer shall:
(1) Provide to each proposed individual group member or individual policyholder a written notice at the beginning of the written application for the health benefits plan the following language in boldface type:
'You have the option to choose this Small Business Employee Choice of Benefits Health Insurance Plan which does not provide state mandated health benefits normally required in accident and sickness insurance policies in Georgia. This health benefits plan may provide a more affordable health insurance policy for you, although, at the same time, it may provide you with fewer health benefits than those normally included as state mandated health benefits in policies in Georgia. If you choose this option, please consult with your insurance agent to discover which state mandated health benefits are excluded in this policy.'; (2) Provide a form to be signed by each proposed individual group member or individual policyholder acknowledging that the health benefits plan being purchased by the individual group member or individual policyholder does not provide the state mandated health benefits listed on the form; and (3) Maintain the signed acknowledgment forms to provide information as may be needed by the Commissioner of Insurance.
33-59-6. The Commissioner of Insurance may promulgate rules and regulations as necessary to implement the provisions of this chapter and specify the information to be contained on the forms supplied by insurers of these policies and contracts to individual group members and policyholders."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

TUESDAY, MARCH 29, 2005

3555

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representatives Cooper of the 41st, Lunsford of the 110th, and Stephens of the 164th was read:
A BILL
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 may offer certain employees and consumers a choice between a health benefit plan containing all state mandated health benefits and an alternative health benefit plan that does not contain all state mandated health benefits; to allow for employees and individuals to choose the plan best suited to such employees and individuals needs and budget including supplemental policies; to provide exceptions; to provide for certain notices; 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 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new Chapter 59 to read as follows:
"CHAPTER 59
33-59-1. This chapter shall be known and may be cited as the 'Small Business Employee Choice of Benefits Health Insurance Plan Act.'
33-59-2. The General Assembly recognizes the need for employers and individuals in this state to have the opportunity to choose among group and individual health insurance plans that are more affordable and flexible than standard market policies of accident and sickness insurance and the need to increase the availability of health insurance coverage by authorizing the transaction of this type of plan or policy by accident and sickness insurers licensed to transact business in this state. This chapter shall require insurers which provide major medical coverage to offer policies that contain all state mandated health benefits as well as policies that do not contain any state mandated health benefits; provided, however, that, on and after July 1, 2005, it is explicitly intended that employees in group plans or individuals may choose pursuant to this chapter among new health insurance plans offered by insurers that may include or exclude state mandated health benefits.

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33-59-3. As used in this chapter, the term:
(1) 'Alternative health benefit plan' means a group or individual health benefit plan that contains:
(A) Major medical benefits; (B) Standard provisions or rights required to be present in an individual, blanket, or group policy or contract for accident and sickness insurance pursuant to state law or regulations unrelated to specific health illnesses, injuries, or conditions of the insured, including, but not limited to, those related to continuation of coverage in Code Section 33-24-21.1, Code Section 33-24-21.2, paragraph (4) of Code Section 33-30-4, and paragraph (8) of subsection (b) of Code Section 33-30-6; entitlement to conversion privileges in Code Section 33-24-21.1; termination of coverage in Code Sections 33-24-21 and 33-24-28; and coverage of newly born or adopted children in Code Section 33-24-22; and (C) Coverage for complications of pregnancy in Code Section 33-24-24; surveillance tests for ovarian cancer in Code Section 33-24-56.2; colorectal cancer screening and testing in Code Section 33-24-56.3; coverage for hospital stays after delivery in Code Section 33-24-58.2; direct access to obstetricians and gynecologists in Code Section 33-24-59; treatment of dependent children with cancer in Code Section 33-24-59.1; coverage for equipment and self-management training for individuals with diabetes in Code Section 33-24-59.2; coverage for prescribed female contraceptive drugs or devices in Code Section 33-24-59.6, provided that nothing contained in this paragraph shall be construed to require any insurance company to provide coverage for abortion; coverage for prescription inhalers in Code Section 33-24-59.8; coverage for autism in Code Section 33-2459.10; coverage for mastectomy and lymph node dissection in Code Section 33-2472; coverage for mammograms, pap smears, and screening for prostate cancer in Code Sections 33-29-3.2 and 33-30-4.2; provisions concerning mail-order pharmaceuticals in Code Section 33-30-4.3; and coverage for child wellness exams in Code Sections 33-29-3.4 and 33-30-4.5. An alternative health benefit plan shall not contain, except as provided in this paragraph, coverages for health care services or benefits, required by state law or state regulations, requiring the reimbursement or utilization related to specific health illnesses, injuries, or conditions of the covered person or inclusion of a specific category of licensed health care practitioner to be provided to the covered person in an individual, blanket, or group policy or contract for a health related condition of a covered person including, but not limited to, those contained in Code Sections 31-174.1, 33-24-27, 33-24-27.1, 33-24-27.2, 33-24-28.3, 33-24-28.4, 33-24-56, 33-24-59.9, 33-29-6, 33-29-20, 33-30-7, 33-30-14, and 33-53-2. (2) 'Group' means any employer group of 50 employees or less. (3) 'Insurer' means any insurer or nonprofit organization authorized to sell accident and sickness policies, subscriber contracts, certificates, or agreements of any form under Chapters 15, 18, 19, 20, 21, 29, and 30 of this title.

TUESDAY, MARCH 29, 2005

3557

33-59-4. (a) Notwithstanding any other provision of law and on and after July 1, 2005:
(1) Any insurer authorized to transact business in this state offering group accident and sickness policies or contracts shall be required to offer, through a licensed agent or agency, a group health benefit plan that contains all state mandated health benefits and may offer a group alternative health benefit plan as defined in this chapter; and (2) Any insurer authorized to transact business in this state offering individual accident and sickness policies or contracts shall be required to offer, through a licensed agent or agency, an individual health benefit plan that contains all state mandated health benefits and may offer an individual alternative health benefit plan as defined in this chapter. (b) On and after July 1, 2005, an employer who chooses to offer group health benefit plans to its employees shall offer to each eligible employee a group health benefit plan that contains all state mandated health benefits and may offer to each eligible employee a group alternative health benefit plan as defined in this chapter. (c) The provisions of Chapter 21 of this title shall not be deemed to prohibit licensees thereunder from selling the policies provided for in this Code section. (d) The purchase of an accident and sickness policy or contract under this Code section shall not preclude the purchaser from purchasing additional limited benefit insurance policies or contracts.
33-59-5. (a) In each sale of an alternative health benefit plan, the insurer shall provide to each proposed individual group member or individual policyholder a notice and an acknowledgment at the beginning of the application for the alternative health benefit plan containing the following language in boldface type:
'You have the option to choose this Small Business Employee Choice of Benefits Health Insurance Plan which does not provide all of the state mandated health benefits normally required in accident and sickness insurance policies in Georgia. This health benefits plan may provide a more affordable health insurance policy for you, although, at the same time, it may provide you with fewer health benefits than those normally included as state mandated health benefits in policies in Georgia. If you choose this option, please consult with your insurance agent to discover which state mandated health benefits are excluded in this policy.' (b) An acknowledgment separate from the notice and application provided for in subsection (a) of this Code section shall be provided to and completed by each individual policyholder or individual group member. Such acknowledgment shall contain a comparison of the benefits contained in each of the health benefit plan options being offered to the individual policyholder or individual group member. The Commissioner shall promulgate such rules and regulations as he or she deems necessary to implement this subsection including rules and regulations concerning the form and contents of such acknowledgment. In the case of group health benefit plans

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being offered by an employer, a copy of the acknowledgment for each individual group member shall be maintained by the employer.

33-59-6. The Commissioner of Insurance may promulgate rules and regulations as necessary to implement the provisions of this chapter and specify the information to be contained on the forms supplied by insurers of these policies and contracts to individual group members and policyholders."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Henson of the 87th, Cooper of the 41st and Burkhalter of the 50th move to amend the Cooper Floor substitute to SB 174 by inserting after "33-24-24;" on line 21 of page 2 the following:

"coverage for general anesthesia and related hospital and outpatient facility charges for dental care for persons who are developmentally disabled, seven or younger, neurologically impaired, or suffering severe face or head trauma in Code Section 3324-28.4;".

By striking "33-24-28.4," on line 8 of page 3.

The following amendment was read:

Representative Orrock of the 58th et al. move to amend the Cooper Floor substitute to SB 174 by striking "31-17-4.1," on line 7 of page 3.

By inserting after "coverage" on line 21 of page 2 the following:

"of testing for chlamydia in Code Section 31-17-4.1; coverage".

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

Y Abdul-Salaam N Amerson E Anderson

Crawford Y Cummings N Davis

Y Holmes Y Holt N Horne

N Maxwell N May Y McCall

Y Sailor Y Scheid Y Scott, A

TUESDAY, MARCH 29, 2005

3559

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

N Day Y Dean Y Dickson
Dodson Y Dollar Y Drenner Y Dukes N Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd
Forster N Franklin Y Freeman Y Gardner Y Geisinger Y Golick
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 Y Hill, C.A

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

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

On the adoption of the amendment, the ayes were 134, nays 27.

N Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield E Smith, B
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 N Walker Y Warren Y Watson Y Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

The amendment was adopted.

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 Cole of the 125th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following amendment was read and adopted:

Representative Cooper of the 41st et al. move to amend the Cooper Floor substitute to SB 174 by striking "to provide an effective date;" on lines 8 and 9 on page 1.

By striking lines 3 and 4 on page 2 and inserting in lieu thereof the following:

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"well as policies that contain the limited selection of state mandated health benefits set forth in Code Section 33-59-3; provided, however, that, on and after July 1, 2005, employees in group plans or".
By striking line 6 on page 2 and inserting in lieu thereof the following:
"by insurers that either include all state mandated health benefits or include the limited state mandated health benefits set forth in Code Section 33-59-3."
By striking lines 1 through 9 on page 3.
By striking lines 27 through 29 on page 4.
The following amendment was read:
Representative Heard of the 104th et al. move to amend the Cooper Floor substitute to SB 174 by striking the quotation mark at the end of line 25 of page 4.
By inserting after "policyholders." on line 25 of page 4 the following:
"The Commissioner of Insurance shall gather information during the effective period of this chapter which demonstrates the impact of the chapter. Specifically, the Commissioner shall:
(1) Collect information identifying the number of employers and the number of employees for each such employer that select policies which provide no health insurance mandates, specifying whether at the time of electing to provide coverage with no mandates, those employers that provided health insurance coverage to their employees and those that did not provide health insurance to their employees in the preceding calendar year; (2) Collect information to identify for each employer that purchases the health insurance coverage with no mandates the number of employees who purchase a plan providing for mandates under the group plan; (3) Identify any change in the number of employees in Georgia and their dependents who receive health insurance coverage attributable to the availability of health insurance plans that include no insurance mandates; (4) For each employer group policy under this chapter, collect information demonstrating the cost of the group policy offered including mandated coverage and the cost of the policy offered without mandated coverage; and (5) Determine the impact on employee health and health costs of being denied health insurance coverage that includes mandated benefits.'"
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

TUESDAY, MARCH 29, 2005

3561

Y Abdul-Salaam N Amerson E Anderson Y Ashe Y Barnard N Barnes N Bearden E Beasley-Teague Y Benfield N 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 E Burmeister N Burns N Butler N Byrd N Carter N Casas Y Chambers
Channell N 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
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 Y Golick
Graves, D N Graves, T N Greene N Hanner N Harbin N Hatfield N Heard, J Y Heard, K Y Heckstall Y 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 N Jamieson N 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 N Lord N Loudermilk Y Lucas N Lunsford N Maddox Y Mangham Y 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
Mosby N Mosley N Mumford N Murphy, J Y Murphy, Q 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 N Reece, B N Reece, S N Reese Y Rice N Roberts Y Rogers N Royal N Rynders

On the adoption of the amendment, the ayes were 64, nays 105.

N Sailor N Scheid N Scott, A N Scott, M N Setzler Y Shaw N Sheldon N Sims, C Y Sims, F Y Sinkfield E Smith, B N Smith, L Y Smith, P N Smith, R Y 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 Y Wix N Yates
Richardson, Speaker

The amendment was lost.

The following amendment was read and ruled non germane:

Representative Buckner of the 130th et al. move to amend the Cooper Floor substitute to SB 174 by inserting after "notices;" on line 8 of page 1 the following:

"to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to provide for prescriptive authority of advanced practice registered nurses;".

By inserting between lines 25 and 26 of page 4 the following:

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"SECTION 2. Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, is amended by inserting a new Code section, to be designated Code Section 43-34-48, to read as follows:
'43-34-48. (a) Notwithstanding any provisions of law to the contrary, an advanced practice registered nurse who is a party to a nurse protocol agreement with a physician as set out in Code Section 43-34-26.1 may, in addition to the authority set out in Code Section 43-34-26.1, be further authorized in a nurse protocol agreement to:
(1) Execute a verbal, written, or electronic order for a drug, device, medical treatment, or diagnostic study. Such an order shall include, without limitation, the name, address, and telephone number of the advanced practice registered nurse and the physician who are parties to the nurse protocol agreement, the patients name and address, the drug or device ordered, directions with regard to the taking and dosage of the drug or use of the device, and the number of refills; (2) Order controlled substances subject to an exclusionary formulary of such drugs established by the Composite State Board of Medical Examiners and order dangerous drugs, devices, medical treatments, and diagnostic studies; and (3) Request, receive, and sign for professional samples and may distribute professional samples to patients. In addition to the requirements of this Code section, all professional samples shall be maintained as required by applicable state and federal law and regulations. As used in this subsection, the term "professional samples" means complimentary doses of a drug or medical devices provided by the manufacturer for use in patient care. (b) An advanced practice registered nurse who is a party to a nurse protocol agreement pursuant to this Code section shall be deemed to be a "practitioner" as this term is defined in Code Section 16-13-21(23)(A) and shall be authorized to register with the federal Drug Enforcement Administration and appropriate state authorities. (c) Nothing in this Code Section shall be construed to create a presumption of liability, either civil or criminal, on the part of a pharmacist duly licensed under Chapter 4 of Title 26 who, in good faith, fills a prescription drug order of an advanced practice registered nurse pursuant to a nurse protocol agreement.'".
By redesignating Sections 2 and 3 as Sections 3 and 4, respectively.
The Floor substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

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Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges Y Brooks Y Brown
Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter E 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
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 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 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 N Hugley N Jackson Y Jacobs N James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S Y Jordan Y Keen N 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
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 N 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 Y Sheldon Y Sims, C Y Sims, F Y Sinkfield E 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 N 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, as amended, the ayes were 162, nays 10.

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

Representative Smith of the 168th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

HB 48. By Representatives Golick of the 34th, Roberts of the 154th, O`Neal of the 146th, Chambers of the 81st and Jennings of the 82nd:

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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 Senate 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 change certain provisions relating to the Ethics Commission; 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 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

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contingency agreements; to provide for restrictions for lobbyists relating to presence on the floor of the House of Representatives and Senate; to correct cross-references; to change certain provisions relating to complaints or information regarding fraud, waste, and abuse in state programs and operations; to change certain provisions relating to the code of ethics for members of boards, commissions, and authorities; to change provisions relating to a board, commission, or authoritys authority to enact rules and regulations; to create the Legislative Ethics Committee; to provide for powers and duties of the committee; to provide for initiation of complaints; 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.
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 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.

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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 this state, or a county, or a municipal election in this state. (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. (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 Code section, 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

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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 this state, or a county, a or municipal election in this state. The term specifically shall not include the value of personal services performed by persons who serve without compensation from any 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 this state, or a county, or a municipal election in this state. The term specifically shall not include the value of personal services performed by persons who serve without compensation from any source and on a voluntary basis. The term 'expenditure' shall also include the payment of a qualifying fee for and in behalf of a candidate. (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

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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, reasonable 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 any other expenditure that is deemed appropriate for the purposes of Code Section 21-5-33. (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. 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;

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(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 subsection (b) of Code Section 21-5-4, relating to the Ethics Commission, and inserting in lieu thereof the following:
"(b) There is created the State Ethics Commission, with such duties and powers as are set forth in this chapter. The commission shall be a successor to the State Campaign and Financial Disclosure Commission in all matters pending before the State Campaign and Financial Disclosure Commission on March 1, 1987, and may continue to investigate, prosecute, and act upon all such matters. The commission shall be governed by five members appointed as follows: three members, not more than two of whom shall be from the same political party, shall be appointed by the Governor, two for terms of three years and one for a term of two years; one member shall be appointed by the Lieutenant Governor Senate Committee on Assignments for a term of four years; and one member shall be appointed by the Speaker of the House of Representatives for a term of four years. The initial members shall take office on March 2, 1987. Upon the expiration of a members term of office, a new member, appointed in the same manner as the member whose term of office expired as provided in this subsection, shall become a member of the commission and shall serve for a term of four years and until such members successor is duly appointed and qualified. If a vacancy occurs in the membership of the commission, a new member shall be appointed to the unexpired term of office by the state official who appointed the vacating member. Members of the commission shall not serve for more than one complete term of office; provided, however, that the members of the State Campaign and Financial Disclosure Commission serving on March 1, 1987, shall be eligible for appointment as initial members of the State Ethics Commission."
SECTION 4. 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."

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SECTION 5. 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, of Code Sections 45-10-3 and 45-10-4, and of Part 1 of Article 2 of Chapter 10 of Title 45, except as said part applies to persons employed by or elected to the legislative branch of state government; (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, by Code Sections 45-10-3 and 45-10-4, and by Part 1 of Article 2 of Chapter 10 of Title 45, except as said part applies to persons employed by or elected to the legislative branch of state government; (5) To issue subpoenas to compel any person to appear, give sworn testimony, or produce documentary or other evidence; (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 powers granted to it. (b) The commission shall have the following duties: (1) To prescribe forms to be used in complying with this chapter and, insofar as practical, produce forms which may allow a filer to use a single form in complying with multiple Code sections, including but not limited to the filings required by Code Sections 21-5-50 and 45-10-26; (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';

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(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 21-5-7.1, 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 21-5-7.1, 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 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, of Code Sections 45-10-3 and 45-10-4, and of Part 1 of Article 2 of Chapter 10 of Title 45, except as said part applies to persons employed by

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or elected to the legislative branch of state government, 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 after January 9, 2006, publicly available for review and shall post these and all future opinions on the commissions website and to the extent possible, the commission shall make all advisory opinions that were issued prior to January 9, 2006, publically available for review and shall post these 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 Code Sections 45-10-3 and 45-10-4 and Part 1 of Article 2 of Chapter 10 of Title 45, except as said part applies to persons employed by or elected to the legislative branch of state government, 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 or with Code Sections 45-10-3 and 45-10-4 and with Part 1 of Article 2 of Chapter 10 of Title 45, except as said part applies to persons employed by or elected to the legislative branch of state government; provided, however, that a civil penalty not to exceed $5,000.00 may be imposed for a second occurrence of a violation of the same provision and a civil penalty not to exceed $10,000.00 may be imposed for each third or subsequent occurrence of a violation of the same provision. (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 of Code Sections 45-10-3 and 45-10-4 and Part 1 of Article 2 of Chapter 10 of Title 45, except as said part applies to persons employed by or elected to the legislative

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branch of state government, 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, of Code Sections 45-10-3 and 45-10-4 and of Part 1 of Article 2 of Chapter 10 of Title 45, except as said part applies to persons employed by or elected to the legislative branch of state government, or of 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 after January 9, 2006, publicly available for review and shall post these and all future orders on the commissions website and to the extent possible, the commission shall make all advisory orders that were issued prior to January 9, 2006, publically available for review and shall post these 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 individuals employed, and the funds disbursed and to make such further report on the matters within its jurisdiction as may appear desirable.; (18) To carry out the procedures, duties, and obligations relative to the commission set forth in this chapter, in Code Sections 45-10-3 and 45-10-4, and in Part 1 of Article 2 of Chapter 10 of Title 45, except as said part applies to persons employed by or elected to the legislative branch of state government;

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(19) On a quarterly basis, to prepare, update, and publish a report and post such report on its website, listing the name of each filer who has not filed the campaign contribution disclosure report required by Code Sections 21-5-34 and 21-5-34.1, the financial disclosure statement required by Code Section 21-5-50, or the disclosure report required by Code Section 21-5-73 within 30 days of the date such report was due to be filed; (20) To publish overall lobbyist spending by category. Such categories shall be established by rule of the commission and may, without limitation, include gifts, meals, entertainment, office supplies, lodging, equipment, advertising, travel, and postage; (21) To promulgate rules and regulations with respect to electronic filings; and (22) To provide and conduct semiannual training on the mechanics of electronic filing and registration. (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. The State Ethics Commission shall have the same powers and duties with respect to Code Sections 45-10-3 and 45-10-4 and Part 1 of Article 2 of Chapter 10 of Title 45, except as said part applies to persons employed by or elected to the legislative branch of state government, as the commission has with respect to this chapter. (d) The Attorney General shall have the same powers and duties with respect to Code Sections 45-10-3 and 45-10-4 and Part 1 of Article 2 of Chapter 10 of Title 45 as the Attorney General has with respect to this chapter. Without limiting the generality of the foregoing, it is specifically provided that the Attorney General may bring civil actions for the enforcement of Code Sections 45-10-3 and 45-10-4 and Part 1 of Article 2 of Chapter 10 of Title 45 in the same general manner as provided in this chapter."
SECTION 6. 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 produce 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 two business days of the commissions receipt of such complaint and prior to any other public dissemination of such complaint. Nothing in

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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 7. 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, accounting errors, 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

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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. For the purposes of the penalties imposed by this paragraph, the same error or inaccurate entry shall be considered a single technical violation if the error or inaccurate entry appears multiple times on that report or causes further errors or inaccurate entries in that report or in any future reports or further technical violations in that report or in any future reports; (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 Code section and any complaint relative to said filing shall be dismissed."
SECTION 8. 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 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 9. 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 involving any person elected to serve for a term of two years, and any action alleging a violation of this chapter shall be commenced within five years after the date of filing of the first report containing the alleged violation involving any person elected to serve for a term of four years. For purposes of this Code section, an action shall be deemed to have commenced against a person only when either:

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(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 notice that it has found probable cause to initiate an investigation on it own cognizance."
SECTION 10. 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 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.

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(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. 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 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 11. 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

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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 12. 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 electronically file with the 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 electronically file such candidates reports with the Secretary of State commission and a copy thereof of such report 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 electronically 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 this state, or a county, or a municipal election in this state shall electronically 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

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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 for which the contribution has been accepted, 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 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, 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 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;

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(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. (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

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(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 two business days 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 two business days. Except as provided for electronic filing, the 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 two business days of a contribution must shall also be reported by facsimile, electronic transmission, or otherwise within those 48 hours two business days 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 two business days 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 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 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 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:

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(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 two business days any contributions or expenditure of more than $1,000.00. The independent committee shall file a final report prior to December 31 of the 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; (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.

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(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 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

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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) The sending of the campaign contribution disclosure report may be proven by evidence from the filers archived computer mailbox files or any other proof demonstrating when the filer sent the campaign contribution disclosure report. (o) 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 13. 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 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

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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) At least 20 days prior to filing the initialWhen campaign contribution disclosure reports report, the filer shall submit to the commission a notarized statement requesting a personal identification number, and thereafter when campaign 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 pursuant to this Code section or Code Section 21-5-34, the filer shall use a confidential personal identification number to provide for secure electronic filing and shall submit the campaign disclosure reports pursuant to a verification statement that reads as follows: 'I hereby swear or affirm that I have examined this report which is a complete, true, and accurate representation of my campaign contribution disclosure report.'. (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, no paper copy of the report shall be filed. (g) The commission is authorized to promulgate rules and regulations to implement this Code section."
SECTION 14. 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 or solicit a contribution or a pledge of a contribution to the member, the

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members campaign committee, or public officer elected state wide, or campaign committee of such public officer during a legislative session. (b) Subsection (a) of this Code section shall not apply to:
(1) The receipt of a contribution which is returned with reasonable promptness to the donor or the 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 15. Said chapter is further amended by striking 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 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.

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(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 16. 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. (c) 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)(d) 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, 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 except as provided in subsection (h) of this Code section.

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(d)(e) 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)(f) 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)(g) 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. (h) Any candidate who incurs personal loans on or after January 9, 2006, in connection with the candidates campaign for election shall not repay, directly or indirectly, such loans from any contributions made to such candidate or any authorized committee of such candidate after the date of the election for which the loan was made to the extent that such loans exceed $250,000.00. (g)(i) 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)(j) 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)(k) 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 17. 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; provided, however, that in order to allocate contributions to a past election, the candidate shall have outstanding campaign debt from the previous election."
SECTION 18. 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.

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(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 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

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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 (B) Has a net fair market value of more than $20,000.00 10,000.00; (4)(A) 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 $10,000.00. 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, and whether the fair market value is between (i) $10,000.00 and $100,000.00; (ii) $100,000.01 and $200,000.00; or (iii) more than $200,000.00; (B) Each tract of real property in which the candidate for public offices spouse or public officers spouse has a direct ownership interest as of December 31 of the covered year when that interest has a fair market value in excess of $10,000.00. The disclosure shall contain the county and state, general description of the property, and whether the fair market value is between (i) $10,000.00 and $100,000.00; (ii) $100,000.01 to $200,000.00; (iii) or more than $200,000.00; (5) The filers occupation, employer, and the principal activity and address of such employer; (6) The filers spouses name, occupation, employer, and the principal activity and address of such employer; (7) The names of the filers dependent children; (8) The name of any business or subsidiary thereof or investment, exclusive of the individual stocks and bonds in mutual funds, in which the filer, jointly or severally, owns a direct ownership interest which interest: (A) Is more than 5 percent of the total interests in such business or investment, exclusive of the individual stocks and bonds in mutual funds; or (B) Has a net fair market value of more than $10,000.00; (9) If the filer has actual knowledge of such ownership interest, the name of any business or subsidiary thereof or investment, exclusive of the individual stocks and bonds in mutual funds, 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 investment, exclusive of the individual stocks and bonds in mutual funds; or (B) Has a net fair market value of more than $10,000.00 or in which the filers spouse or any dependent child serves as an officer, director, equitable partner, or trustee; (5)(10) 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,

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commission, or authority making the payments, and the general nature of the consideration rendered for the source of the payments; and (6)(11) 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 (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:

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(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. (e) At least 20 days prior to filing the initial financial disclosure statement, the filer shall submit to the commission a notarized statement requesting a personal identification number, and thereafter when financial disclosure statements required by paragraph (1) of subsection (a) of this Code section are 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 use a confidential personal identification number to provide for secure electronic filing and shall submit the financial disclosure statements pursuant to a verification statement that reads as follows: 'I hereby swear or affirm that I have examined this financial disclosure statement which is a complete, true, and accurate representation of my financial disclosure statement.' (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 19. 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.

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(a) The sending of the lobbyist disclosure report may be proven by evidence from the filers archived computer mailbox files or any other proof demonstrating when the filer sent the lobbyist disclosure report. (b) It shall be the duty of the commission or any other officer or body which receives for filing any 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 20. 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: (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 to public employees and to 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

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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 electronically delivered to the commission or 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) 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

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(F) Any natural person who as an employee of the executive branch or judicial branch of local government engages in any activity covered under subparagraph (D) of this paragraph.; (G) Any natural person who, for compensation, either individually or as an employee of another person is hired specifically to undertake influencing a public officer or state agency in the selection of a vendor to supply any goods or services to any state agency but does not include any employee 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; or (H) Any natural person who, for compensation, either individually or as an employee of another person, is hired specifically to undertake to promote or oppose the passage of any rule or regulation of any 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, person employed by or elected to the legislative branch of state government, 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 21. 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 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. At least 20 days prior to filing the initial lobbyist registration with the commission, the applicant shall submit to the commission a notarized statement requesting a personal identification number, and thereafter when a registration is updated or lobbyist disclosure reports are filed, the filer shall use a confidential personal identification number to provide for secure electronic filing. The lobbyist applicant shall submit the registration or the lobbyist disclosure

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report pursuant to a verification statement that reads as follows for the application: 'I hereby swear or affirm that I have examined this application which is a complete, true, and accurate representation of my lobbyist application' and for the lobbyist disclosure report the verification shall state: 'I hereby swear or affirm that I have examined this report which is a complete, true, and accurate representation of my lobbyist disclosure report.' (b) Each lobbyist applicant shall electronically file an application for registration with the commission. The application shall be electronically verified by the applicant and shall contain:
(1) The applicants name, address, and telephone number, and a color photograph; (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) or (H) 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 applicant 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), (6), and (7) 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

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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. (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 10.00
(C) Each lobbyist identification card issued pursuant to this Code section 5.00
(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

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(7) Any 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 the General Assembly; and other services of like character intended to reach the reason of the legislators."
SECTION 22. 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), (G), or (H) 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 electronically 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 and a summary of all spending classified by category. Such categories shall be established by rule of the

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commission and may, without limitation, include gifts, meals, entertainment, office supplies, lodging, equipment, advertising, travel, and postage; (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 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 (E) If applicable, the rule or regulation number or description of the rule or regulation pending before the state agency in support of or opposition to which the expenditure was made; (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. The amount, date, and name of any candidate or public officer to whom the lobbyist made a campaign contribution; (3) 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; and (4) For those who are lobbyists within the meaning of subparagraph (H) of paragraph (5) of Code Section 21-5-70, the name of the individual or entity for which the lobbyist undertook to influence the rule or regulation of a state agency. (f) The sending of the lobbyist disclosure report may be proven by evidence from the filers archived computer mailbox files or any other proof demonstrating when the filer sent the lobbyist disclosure report. (g) 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 23. 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

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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 9, 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 and shall not apply to 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 who were elected or appointed prior to January 9, 2006.
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 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 of 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 24. 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 25. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by striking Code Section 45-1-4, relating to complaints or information regarding fraud, waste, and abuse in state programs and operations, and inserting in lieu thereof the following:
"45-1-4. (a) As used in this Code section, the term:

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(1) 'Government agency' means any agency of federal, state, or local government charged with the enforcement of laws, rules, or regulations. (2) 'Law, rule, or regulation' includes any federal, state, or local statute or ordinance or any rule or regulation adopted according to any federal, state, or local statute or ordinance. (1)(3) 'Public employee' means any person who is employed by the executive, judicial, or legislative branch of the state or by any other department, board, bureau, commission, authority, or other agency of the state except the office of the Governor, the judicial branch, or the legislative branch. (2)(4) 'Public employer' means the executive, judicial, or legislative branch of the state and or any other department, board, bureau, commission, authority, or other agency of the state which employs or appoints a public employee or public employees except the office of the Governor, the judicial branch, or the legislative branch. (5) 'Retaliate' or 'retaliation' refers to the discharge, suspension, or demotion by a public employer of a public employee or any other adverse employment action taken by a public employer against a public employee in the terms or conditions of employment for disclosing a violation of or noncompliance with a law, rule, or regulation to either a supervisor or state agency. (6) 'Supervisor' means any individual:
(A) To whom a public employer has given authority to direct and control the work performance of the affected public employee; (B) To whom a public employer has given authority to take corrective action regarding a violation of or noncompliance with a law, rule, or regulation of which the public employee complains; or (C) Who has been designated by a public employer to receive complaints regarding a violation of or noncompliance with a law, rule, or regulation. (b) A public employer may receive and investigate complaints or information from any public employee concerning the possible existence of any activity constituting fraud, waste, and abuse in or relating to any state programs and operations under the jurisdiction of such public employer. (c) Notwithstanding any other law to the contrary, such public employer shall not after receipt of a complaint or information from a public employee disclose the identity of the public employee without the written consent of such public employee, unless the public employer determines such disclosure is necessary and unavoidable during the course of the investigation. In such event, the public employee shall be notified in writing at least seven days prior to such disclosure. (d) No action against any public employee shall be taken or threatened by any public employer who has authority to take, direct others to take, recommend, or approve any personnel action as a reprisal for making a complaint or disclosing information to the public employer unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.

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(d)(1) No public employer shall make, adopt, or enforce any policy or practice preventing a public employee from disclosing a violation of or noncompliance with a law, rule, or regulation to either a supervisor or a government agency. (2) No public employer shall retaliate against a public employee for disclosing a violation of or noncompliance with a law, rule, or regulation to either a supervisor or a government agency, unless the disclosure was made with knowledge that the disclosure was false or with reckless disregard for its truth or falsity. (3) No public employer shall retaliate against a public employee for objecting to, or refusing to participate in, any activity, policy, or practice of the public employer that the public employee has reasonable cause to believe is in violation of or noncompliance with a law, rule, or regulation. (4) Paragraphs (1), (2), and (3) of this subsection shall not apply to policies or practices which implement, or to actions by public employers against public employees who violate, privilege or confidentiality obligations recognized by constitutional, statutory, or common law. (e) Any action taken in violation of subsection (d) of this Code section shall give the public employee a right to have such action set aside in a proceeding instituted in the superior court. (e)(1) A public employee who has been the object of retaliation in violation of this Code section may institute a civil action in superior court for relief as set forth in paragraph (2) of this subsection within one year after discovering the retaliation or within three years after the retaliation, whichever is earlier. (2) In any action brought pursuant to this subsection, the court may order any or all of the following relief:
(A) An injunction restraining continued violation of this Code section; (B) Reinstatement of the employee to the same position held before the retaliation or to an equivalent position; (C) Reinstatement of full fringe benefits and seniority rights; (D) Compensation for lost wages, benefits, and other remuneration; and (E) Any other compensatory damages allowable at law. (f) A court may award reasonable attorneys fees, court costs, and expenses to a prevailing public employee."
SECTION 26. Said title is further amended by striking Code Section 45-10-3, relating to code of ethics for members of boards, commissions, and authorities, and inserting in lieu thereof the following:
"45-10-3. Notwithstanding any provisions of law to the contrary, each member of all boards, commissions, and authorities created by general statute public official and employee, as those terms are defined in Code Section 45-10-20 except as said part applies to persons employed by or elected to the legislative branch of state government, shall:

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(1) Uphold the Constitution, laws, and regulations of the United States, the State of Georgia, and all governments therein and never be a party to their evasion; (2) Never discriminate by the dispensing of special favors or privileges to anyone, whether or not for remuneration; (3) Not engage in any business with the government, either directly or indirectly, which is inconsistent with the conscientious performance of his or her governmental duties; (4) Never use any information coming to him or her confidentially in the performance of governmental duties as a means for making private profit; (5) Expose corruption wherever discovered; (6) Never solicit, accept, or agree to accept gifts, loans, gratuities, discounts, favors, hospitality, or services from any person, association, or corporation under circumstances from which it could reasonably be inferred that a major purpose of the donor is to influence the performance of the members official duties; (7) Never accept any economic opportunity under circumstances where he or she knows or should know that there is a substantial possibility that the opportunity is being afforded him or her with intent to influence his or her conduct in the performance of his or her official duties; (8) Never engage in other conduct which is unbecoming to a member or which constitutes a breach of public trust; and (9) Never take any official action with regard to any matter under circumstances in which he or she knows or should know that he or she has a direct or indirect monetary interest in the subject matter of such matter or in the outcome of such official action."
SECTION 27. Said title is further amended by striking Code Section 45-10-4, relating to violating code of ethics for members of boards, commissions, and authorities, and inserting in lieu thereof the following:
"45-10-4. (a)(1) Upon formal charges being filed with the Governor State Ethics Commission relative to a violation of Code Section 45-10-3, Part 1 of Article 2 of this chapter, except as said part applies to persons employed by or elected to the legislative branch of state government, or both, on the part of a member of any such board, commission, or authority public official or employee, the Governor or his State Ethics Commission or its designated agent shall conduct a hearing for the purpose of receiving evidence relative to the merits of such charges. The member so charged shall be given at least 30 days notice prior to such hearing. If such charges are found to be true, the Governor shall forthwith remove such member from office and the vacancy shall be filled as provided by law. Such hearing shall be held in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and judicial review of any such decision shall be in accordance with such chapter preliminary investigation of the merits of a written complaint by any person who believes that a violation of Code Section 45-10-3, Part 1 of Article 2 of this chapter, except as said part applies to

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persons employed by or elected to the legislative branch of state government, or both, has occurred, such complaint to be verified under oath to the best information, knowledge, and belief by the complainant. 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 complaint charging violations of Code Section 45-10-3, Part 1 of Article 2 of this chapter, except as said part applies to persons employed by or elected to the legislative branch of state government, or both, 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 Code Section 45-10-3, Part 1 of Article 2 of this chapter, except as said part applies to persons employed by or elected to the legislative branch of state government, or both. (2) In any preliminary investigation referenced in paragraph (1) of this subsection, 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.' (b)(1) The State Ethics Commission shall have the same powers and duties with respect to this Code section, Code Section 45-10-3, and Part 1 of Article 2 of this chapter, except as said part applies to persons employed by or elected to the legislative branch of state government, as the commission has with respect to Chapter 5 of Title 21. (2) The Attorney General shall have the same powers and duties with respect to this Code section, Code Section 45-10-3, and Part 1 of Article 2 of this chapter as the Attorney General has with respect to Chapter 5 of Title 21. Without limiting the generality of the foregoing, it is specifically provided that the Attorney General may bring civil actions for the enforcement of this Code section, Code Section 45-10-3, and Part 1 of Article 2 of this chapter in the same general manner as provided in Chapter 5 of Title 21."
SECTION 28. Said title is further amended by striking Code Section 45-10-5, relating to authority to enact rules and regulations, and inserting in lieu thereof the following:
"45-10-5. No member of any board, commission, or authority created by general statute shall enact any rules or regulations or publicize such as being general laws and such rules

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and regulations shall in no way have the effect of law. The provisions of Code Sections 45-10-3 and 45-10-4 or Part 1 of Article 2 of this chapter are in addition to or cumulative of any other criminal penalties imposed by law. Notwithstanding any other provision of law to the contrary, an administrative or civil enforcement action brought pursuant to Code Sections 45-10-3 and 45-10-4 or Part 1 of Article 2 of this chapter shall not bar the prosecution of any violation of any criminal law of this state."
SECTION 29. Said title is further 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 30. Said title is further amended by adding another new part to the end of Article 2 of Chapter 10, relating to conflicts of interest, to read as follows:
"Part 6
45-10-90. As used in this part, the term:
(1) 'Committee' means the Legislative Ethics Committee created under Code Section 45-10-91. (2) 'Member of the legislative branch of state government' means any person elected to the General Assembly and any person who, pursuant to a written or oral contract, is employed by the legislative branch of state government. (3) 'Speaker' means the Speaker of the House of Representatives.
45-10-91. (a) There is created the Legislative Ethics Committee, with such duties and powers as

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are set forth in this part. The committee shall be a part of the legislative branch of state government. The committee shall be governed by eight members appointed as follows:
(1) Four members of the Senate, appointed by the President Pro Tempore of the Senate, two of whom shall be from a list of four nominees from the Majority Leader of the Senate and two of whom shall be from a list of four nominees from the Minority Leader of the Senate; and (2) Four members of the House of Representatives, appointed by the Speaker, two of whom shall be from a list of four nominees from the Majority Leader of the House of Representatives and two of whom shall be from a list of four nominees from the Minority Leader of the House of Representatives. One citizen member shall be appointed by the Majority Leader of the Senate; one citizen member shall be appointed by the Minority Leader of the Senate; one citizen member shall be appointed by the Majority Leader of the House of Representatives; and one citizen member shall be appointed by the Minority Leader of the House of Representatives. Such citizen members shall be Georgia citizens who are not employed by any branch of state government and who are not employed as lobbyists; shall not be serving as an officer of any political party, whether such office is elective or appointive and whether such office exists on a local, state, or national level; and shall not be officers in any political party. The citizen members shall be nonvoting members of the committee except as provided in subsection (e) of this Code section. (b) Each legislative member of the committee shall serve for a term of two years concurrent with the term of his or her office. The citizen members of the committee shall serve for terms of three years. If a vacancy occurs in the membership of the committee, a new member shall be appointed by the state official to the unexpired term of office. The new member shall be selected in the same manner as provided in subsection (a) of this Code section. (c) The President Pro Tempore of the Senate and Speaker shall each select a cochairperson. The President Pro Tempore of the Senates selection for cochairperson shall preside in odd-numbered years and the Speakers selection for cochairperson shall preside in even-numbered years. (d) The members shall not be compensated for their services but they shall be reimbursed in an amount equal to the per diem received by the General Assembly for each day or portion thereof spent in serving as members of the committee. They shall be paid their necessary traveling expenses while engaged in the business of the committee. (e) Five members of the committee constitute a quorum for the transaction of business. The vote of at least a majority of the members present at any meeting at which a quorum is present is necessary for any action to be taken by the committee. If a decision of the committee results in a tie vote, the cochairpersons shall jointly select one of the citizen members of the committee to cast the tie-breaking vote. No vacancy in the membership of the committee impairs the right of a quorum to exercise all rights and perform all duties of the committee.

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(f) If a complaint is filed alleging a violation by one of the members of the committee, the committee member shall recuse himself or herself and a temporary replacement member of the committee shall be appointed by the state official who appointed the recused member. The replacement member shall be selected in the same manner as provided for in subsection (a) of this Code section. (g) Meetings of the members of the committee shall be held at the call of the cochairpersons.
45-10-92. The funds necessary to carry out this part shall come from the funds appropriated to and available to the General Assembly and from any other available funds.
45-10-93. (a) The committee is vested with the following powers:
(1) To meet at such times and places as it may deem necessary; (2) 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 part; (3) To employ an executive director and such additional staff as the committee deems necessary to carry out the powers delegated to the committee by this part; (4) To issue subpoenas to compel any person to appear, give sworn testimony, or produce documentary or other evidence; (5) 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 part; (6) To adopt such rules and regulations as are necessary to carry out the purposes of this part; and (7) To do any and all things necessary or convenient to enable it to perform wholly and adequately its duties and to exercise the powers granted to it. (b) The committee shall have the following duties: (1) To adopt and publish a Code of Ethics for members of the legislative branch of state government; (2) To advise and assist the General Assembly in establishing rules and regulations relating to conflicts between the private interests of a member of the legislative branch of state government and the duties as such; (3) To receive and investigate all complaints alleging a violation of the Code of Ethics for members of the legislative branch of state government and Part 1 of this article as it relates to the legislative branch of state government; (4) To prescribe forms to be used in complying with this part; (5) To adopt a retention standard for records of the committee; (6) To prepare and publish an annual report for the General Assembly summarizing the activities of the committee and recommending legislation that in its judgment will promote the purposes of this part;

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(7) To make investigations upon receipt of the written complaint of any person with respect to an alleged violation of any provision of this part, the Code of Ethics for members of the legislative branch of state government, or Part 1 of this article as it relates to the legislative branch of state government, provided that nothing in this Code section shall be construed to limit or encumber the right of the committee to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this part;
(8)(A) To conduct a preliminary investigation of the merits of a written complaint by any person who believes that a violation of this part, the Code of Ethics for members of the legislative branch of state government, or Part 1 of this article as it relates to the legislative branch of state government has occurred. 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 committee 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 committee may file a complaint charging violations of this part, the Code of Ethics for members of the legislative branch of state government, or Part 1 of this article as it relates to the legislative branch of state government. Nothing in this Code section shall be construed to limit or encumber the right of the committee to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this part; (B) In any such preliminary investigation referenced in subparagraph (A) of this paragraph, until such time as the committee 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; (9) To report suspected violations of law to the appropriate law enforcement authority; (10) With respect to matters involving the legislative branch of state government, to investigate upon a written complaint any illegal use of state employees in a political campaign by any candidate; (11) To issue, upon written request, written advisory opinions, based on a real or hypothetical set of circumstances; (12) With respect to punishment for violations by employees of the legislative branch of state government other than members of the General Assembly, the committee may order the violator to cease and desist from committing further violations and may issue employment related sanctions against such employee, including but not limited to reprimand, suspension, demotion, and termination; with respect to members of the General Assembly, the committee may make recommendations to the respective house of the type of punishment to be imposed; and (13) 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.

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(c) The committee shall designate the place where members of the public may file papers or correspond with the committee and receive any form or instruction from the committee. The committee shall preserve all complaints, statements, and other documentation received or generated by the committee.
45-10-94. The committee shall not initiate any investigation or inquiry into any matter under its jurisdiction based upon the complaint of any person unless that person shall produce 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 committee within five business days of the committees receipt of such complaint. Nothing contained in this Code section, however, shall be construed to limit or encumber the right of the committee to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this part."
SECTION 31. 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 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 32. The provisions of this Act shall not apply to any violation occurring prior to January 9, 2006.
SECTION 33. This Act shall become effective on January 9, 2006, except the provisions of Section 30 of this Act shall become effective upon this Acts approval by the Governor or upon its becoming law without such approval for purposes of making the initial appointments to the Legislative Ethics Committee and for purposes of such committees procedures as necessary for implementing Part 6 of Article 2 of Title 45.
SECTION 34.

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All laws and parts of laws in conflict with this Act are repealed.
Representative Golick of the 34th moved that the House agree to the Senate substitute to HB 48.
The motion was lost.
The House has disagreed.
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 following Senate substitute was read:
A BILL
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 design-build contracts entered into by the department; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportations power to contract, is amended by striking subsections (b), (d), and (f) of Code Section 32-2-81, relating to criteria for design-build contracts, and inserting in their respective places the following:
"(b) The department may use the design-build procedure for buildings, bridges and approaches, rail corridors, and limited or controlled access projects or projects that may be constructed within existing rights of way where the scope of work can be clearly defined or when a significant savings in project delivery time can be attained and when the estimated bid cost does not exceed $10 million." "(d) The department shall adopt by rule procedures for administering design-build contracts. Such procedures shall include, but not be limited to:
(1) Prequalification requirements; (2) Public advertisement procedures; (3) Scope of service requirements;

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(4) Letters of interest requirements; (5) Request for proposals. Requests for proposal shall include the applicable percentage to be applied to each evaluation criterion and the relative weight to be assigned to each; (6) Criteria for evaluating technical information and project costs; (7) Criteria for selection and award process, provided that the rules shall specify that the criteria for selection shall consist of the following minimum two components:
(A) A statement of qualifications from which the department will determine a list of qualified firms for the project; and (B) From the list of qualified firms as provided in subparagraph (A) of this paragraph, a price proposal from each firm from which the department shall select the lowest, most responsive qualified bidder; provided, however, that a proposal will only be considered nonresponsive if it does not contain all the information and level of detail requested in the request for proposal. A proposal shall not be deemed to be nonresponsive solely on the basis of minor irregularities in the proposal that do not directly affect the ability to fairly evaluate the merits of the proposal. Notwithstanding the requirements of Code Section 36-91-21, under no circumstances shall the department use a 'best and final offer' standard in awarding a contract; and. The department may provide for a stipulated fee to be awarded to the short list of qualified proposers who provide a responsive, successful proposal. In consideration for paying the stipulated fee, the department may use any ideas or information contained in the proposals in connection with the contract awarded for the project, or in connection with a subsequent procurement, without obligation to pay any additional compensation to the unsuccessful proposers; (8) Identification of those projects that the department believes are candidates for design-build contracting, with the understanding that in general this type of contract should have minimal right of way or utility issues which are unresolved; provided, however, the failure of the department to identify such projects does not prevent the department from using design-build contracting in extraordinary circumstances including emergency work, unscheduled projects, or where loss of funding might occur; and (8)(9) Criteria for resolution of contract issues. The department may adopt a method for resolving issues and disputes through negotiations at the project level by the program manager up to and including a dispute review board procedure with final review by the commissioner or his or her designee. Regardless of the status or disposition of the issue or dispute, the design-builder and the department shall continue to perform their contractual responsibilities. The department shall have the authority to suspend or provide for the suspension of Section 108 of the departments standard specifications pending final resolution of such contract issues and disputes. This paragraph does not prevent an aggrieved party from seeking judicial review." "(f) In contracting for design-build projects, the department shall be limited to contracting for no more than $100 million per fiscal year 15 percent of the total amount of construction projects awarded in the previous fiscal year."

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SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Smith of the 129th moved that the House agree to the Senate substitute to HB 530.

On the motion, 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 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 Buckner, G Y Burkhalter E 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

Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson
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 Freeman Y Gardner Y Geisinger Golick Y 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 Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson 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
Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

On the motion, the ayes were 156, nays 0.

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
Orrock Y Parham Y 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

Y Sailor Scheid
Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y 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 Y Stephenson Y Talton Y Teilhet Y 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 Wix Y Yates Richardson, Speaker

The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

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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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 487

The Committee of Conference on HB 487 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 487 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ John Bulloch Senator, 11th District

/s/ Jay Roberts Representative, 154th District

/s/ Tommie Williams Senator, 19th District

/s/ Larry O'Neal Representative, 146th District

/s/ Ralph T. Hudgens Senator, 47th District

/s/ Gene Maddox Representative, 172nd District

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 clarify the sales and use tax exemption for a qualified child-caring institution, child-placing agency, or maternity home; to change the exemption regarding electricity sales for irrigation of certain crops; 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 paragraph (41) of said Code section

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and inserting in its place a new paragraph (41) to read as follows: "(41)(A) Sales of tangible personal property and services to or by a child-caring institution as defined in paragraph (1) of Code Section 49-5-3, as amended; a childplacing agency as defined in paragraph (2) of Code Section 49-5-3, as amended; or a maternity home as defined in paragraph (14) of Code Section 49-5-3, as amended, when such institution, agency, or home is engaged primarily in providing child services and is a nonprofit, tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code and obtains an exemption determination letter from the commissioner; and (B) Sales by an institution, agency, or home as described in subparagraph (A) of this paragraph when: (i) The sale results from a specific charitable fund-raising activity; (ii) The number of days upon which the fund-raising activity occurs does not exceed 30 in any calendar year; (iii) No part of the gross sales or net profits from the sales inures to the benefit of any private person; and (iv) The gross sales or net profits from the sales are used purely for charitable purposes in providing child services;".

SECTION 2. Said Code section is further amended by striking paragraph (64) and inserting in its place a new paragraph (64) to read as follows:
"(64) 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 3. This Act shall become effective on July 1, 2005.

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

Representative Roberts of the 154th moved that the House adopt the report of the Committee of Conference on HB 487.

On the motion, 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 Y Beasley-Teague Y Benfield

Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson
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
McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
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 E Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas E Coan Y Cole Y Coleman, B Y Coleman, T
Cooper Y Cox

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
Heard, J Y Heard, K Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A

James Y 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 Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

On the motion, the ayes were 159, nays 1.

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

Y 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 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
Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:

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 Senate substitute was read:

A BILL

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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 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 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 return the unprocessed application to the applicant informing him or her of the requirements of this Code section."

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.

Representative Williams of the 4th moved that the House agree to the Senate substitute to HB 364.

On the motion, 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 Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson
Dodson Y Dollar Y Drenner Y Dukes
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
James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S

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 Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield E 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 E Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas E Coan Y Cole Y Coleman, B Y Coleman, T Y 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 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 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
Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

On the motion, the ayes were 162, nays 0.

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 Smyre Y Stanley-Turner
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
Williams, E Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

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 Senate substitute was read:

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

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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
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.

TUESDAY, MARCH 29, 2005

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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. Said sum shall be paid in the form of an annuity over a 20 year period of time with an initial lump sum payment of $100,000.00.

Representative Benfield of the 85th moved that the House agree to the Senate substitute to HR 108.

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

N Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard
Barnes N Bearden N Beasley-Teague Y Benfield N 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 E Burmeister Y Burns Y Butler N Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas E Coan Y Cole Y Coleman, B Y Coleman, T
Cooper N Cox

Y Crawford Y Cummings
Davis Y Day Y Dean Y Dickson
Dodson Y Dollar Y Drenner Y Dukes
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 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 Y Hill, C.A

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

On the motion, the ayes were 130, nays 23.

N Maxwell N May Y McCall Y McClinton Y Meadows Y Millar Y Miller
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 Y Parham Y Parrish Y Parsons Y Porter Y Powell
Ralston Y Randall Y Ray Y Reece, B N Reece, S Y Reese Y Rice Y Roberts N Rogers Y Royal Y Rynders

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

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The motion prevailed.
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.
EXPLANATION OF VOTE
I have voted "NO" on HR 108 Agree/disagree because the Senate has not honored the House structured rule.
It is the tradition of the Legislature for each house to respect the rules of the other.
Respectfully submitted,
/s/ David Casas David Casas of the 103rd
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.
The following Senate substitute was read:
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;

TUESDAY, MARCH 29, 2005

3623

authorizing the conveyance of certain state owned real property located in Taliaferro County, Georgia; authorizing the conveyance of certain state owned property interest 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; authorizing the conveyance of certain state owned property in Chatham County, Georgia; authorizing the conveyance of certain state owned property in DeKalb County, Georgia; authorizing the conveyance of certain state owned property in Habersham County, Georgia; authorizing the conveyance of certain state owned property in Putnam County, Georgia; authorizing the conveyance of certain state owned property in Seminole 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; (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;

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(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; (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

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3625

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 or of effectuating the exchange of the above-described property for certain property owned by Fulton County adjoining the above mentioned National Guard Armory site in order to expand its facilities and 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
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

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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
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

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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: (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

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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 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;

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(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 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;

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(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; (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;

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(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; and
WHEREAS: (1) The State of Georgia claims ownership of a certain parcel of real property located in Chatham County, Georgia; (2) Said real property is all that tract or parcel of land containing 5.278 acres lying and being a portion of Hutchinson Island in Chatham County, Georgia, and is more particularly described as Parcel 1A on a plat of survey prepared by Dale E. Yawn, Georgia Registered Land Surveyor #2510, dated January 2, 2002, 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 formerly marshlands of the Back River on the northern side of Hutchinson Island and in the custody of the Department of Natural Resources; (4) The above-described property was filled by the Corps of Engineers in a previous construction project creating uplands of the above-described 5.278 acres; (5) Chatham County owns 11.942 acres adjoining the above-described 5.278 acre parcel and is desirous of acquiring the State of Georgias interest in the abovedescribed property in order to develop the site in conjunction with the Countys property for public recreational or greenspace purposes; and
WHEREAS: (1) The State of Georgia claims ownership of a certain parcel of real property located in DeKalb County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 29 of the 16th District of DeKalb County, Georgia, being Lot 5 Block BB, Hidden Hills, Unit 9-A, as per plat recorded in Plat Book 71, Page 158, DeKalb County records, 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 real property was inadvertently conveyed to "State of Georgia DOAS Risk Management Services Division" by warranty deed dated September 14, 2004, recorded at Deed Book 16766, Page 353, DeKalb County records, in conjunction with the resolution of a workers compensation claim (Claim No. 258-33-4975) by David Lee Smith, Jr., employee before the State Board of Workers Compensation; (4) In order to implement the terms and conditions of that certain November 22, 2004, Partial Stipulation and Agreement on Housing between David Lee Smith, Jr., employee and the Department of Administrative Services, Servicing Agent for Cobb County Department of Family and Child Services, approved and made the order of the

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Board of Workers Compensation on December 6, 2004, it is required that said real property be conveyed to David Lee Smith, Jr.; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Habersham County, Georgia; (2) Said real property is all that tract or parcel of land containing approximately 1 acre lying and being in Land Lot 83 of the 11th District of Habersham County, Georgia and being more particularly described on a plat of survey prepared by Kenyon L. Miller, Georgia Registered Land Surveyor #2595, dated February 16, 2005, 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 North Georgia Technical College in the City of Clarksville; (4) The campus of North Georgia Technical College was conveyed to the State of Georgia in 1943 by the Habersham County Board of Education for a consideration of $1.00; (5) The City of Clarksville, Habersham County is desirous of acquiring the abovedescribed 1 acre parcel in order to construct an elevated water storage tank to serve both the City of Clarksville and the campus of North Georgia Technical College; (6) The Department of Technical and Adult Education has no objection to the conveyance of the above-described property to the City of Clarksville; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Putnam County, Georgia; (2) Said real property is all that tract or parcel of land containing approximately 12.13 acres lying and being in the City of Eatonton, Putnam County, Georgia and being more particularly described on a plat of survey prepared by G. F. Ellis, Georgia Registered Land Surveyor #931, dated December 28, 1955 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 site of Putnam State Prison and under the custody of the Department of Corrections; (4) The above-described property was conveyed to the State of Georgia in 1956 by Putnam County for a consideration of $60,000.00; (5) The Department of Corrections has ceased activities at the above-described prison site and has declared the property surplus; (6) Putnam County is desirous of acquiring the property; (7) The Department of Corrections has no objection to the above-described property being conveyed to Putnam County; and

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WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Seminole County, Georgia; (2) Said real property is all that tract or parcel of land containing approximately 4.67 acres lying and being in Land Lot 75 of the 14th District of Seminole County, Georgia and being more particularly described as that real property described in that certain deed dated December 15, 1949 and recorded as Secretary of State Deed Record Number 1170 less a parcel containing 2 acres and being described as Tract One and less a parcel containing 2.969 acres being described as Tract Two both tracts being more particularly described on a plat of survey prepared by Earl Thursby, Land Surveyor, dated February 9, 1974, 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 under the custody of the Department of Agriculture and is operated as a State Farmers Market; (4) The above-described property was conveyed to the State of Georgia by the Board of Commissioners of Roads and Revenues of Seminole County, Georgia on December 15, 1949 for a consideration of $1.00; (5) The Department of Agriculture is consolidating its Farmers Market activities and has declared the above-described property surplus to the needs of the department; (6) Seminole County is desirous of acquiring the above-described property for public purpose; (7) The Department of Agriculture has no objection to the conveyance of the abovedescribed property to Seminole County.
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

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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. 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.

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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.
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.

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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 or the above-described 0.51 of one acre parcel of property may be exchanged for a certain parcel of property containing approximately 0.772 of one acre owned by Fulton County adjoining the National Guard Armory located at Charlie Brown Airport in Fulton County, Georgia, 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.
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

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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.
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.

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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.
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.

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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. 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.

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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.
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.

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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.
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.

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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.
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.

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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.
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.

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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.
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:

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3645

(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.
ARTICLE XVII SECTION 95.
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 96. That the above-described real property may be conveyed by the State of Georgia, acting by and through the State Properties Commission to Chatham County for a consideration of $1.00, so long as the property is used for public purpose; provided, however, that if Chatham County should determine the need to convey all or a portion of the abovedescribed property to a public entity or to a private person, corporation or private entity, prior to such conveyance, the grantee and terms and conditions of said conveyance must first be approved by the State Properties Commission and all proceeds generated from the conveyance, less direct expenses incurred as a result of the conveyance, shall be remitted to the State Properties Commission and deposited in the treasury 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 97.

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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 98. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 99. 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 100. That custody of the above-described property shall remain in the Department of Natural Resources until the property is conveyed.
ARTICLE XVIII SECTION 101.
That the State of Georgia is the owner of the above-described DeKalb 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 102. That the above-described real property may be conveyed by the State of Georgia, acting by and through the State Properties Commission to David Lee Smith, Jr. 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 interests of the State of Georgia.
SECTION 103. 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 104. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 105. That the deed of conveyance shall be recorded by the grantee in the Superior Court of DeKalb County and a recorded copy shall be forwarded to the State Properties Commission.

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3647

ARTICLE XIX SECTION 106.
That the State of Georgia is the owner of the above-described Habersham 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 107. That the above-described real property may be conveyed by the State of Georgia, acting by and through the State Properties Commission to the City of Clarksville, Habersham 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 108. 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 109. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 110. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Habersham County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 111. That custody of the above-described property shall remain in the custody of the Department of Technical and Adult Education until the property is conveyed.
ARTICLE XX SECTION 112.
That the State of Georgia is the owner of the above-described Putnam 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 113. That the above-described real property may be conveyed by the State of Georgia, acting by and through the State Properties Commission to Putnam County, Georgia for a consideration of 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

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provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 114. 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 115. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 116. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Putnam County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 117. That custody of the above-described property shall remain in the custody of the Department of Corrections until the property is conveyed.
ARTICLE XXI SECTION 118.
That the State of Georgia is the owner of the above-described Seminole 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 119. That the above-described real property may be conveyed by the State of Georgia, acting by and through the State Properties Commission to Seminole 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 120. 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 121. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 122.

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3649

That the deed of conveyance shall be recorded by the grantee in the Superior Court of Seminole County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 123. That custody of the above-described property shall remain in the custody of the Department of Agriculture until the property is conveyed.

ARTICLE XXII SECTION 124.

That all laws and parts of laws in conflict with this resolution are repealed.

Representative Barnard of the 166th moved that the House agree to the Senate substitute to HR 166.

On the motion, 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 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 E Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas E Coan Y Cole

Y Crawford Y Cummings
Davis Y Day Y Dean Y Dickson
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 Holmes Y Holt Y Horne Y Houston
Howard Y Hudson Y Hugley
Jackson 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
Lucas E Lunsford Y Maddox

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 Y Parham Y Parrish Y Parsons Y Porter Y Powell
Ralston Randall Y Ray Y Reece, B Y Reece, S Y Reese Rice

Y Sailor Y Scheid Y Scott, A Y Scott, M
Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield E Smith, B Y Smith, L Y Smith, P Y Smith, R
Smith, T 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 Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E

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Y Coleman, B Coleman, T Cooper
Y Cox

Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Mangham Y Manning Y Marin Y Martin

On the motion, the ayes were 153, nays 0.

Y Roberts Y Rogers Y Royal Y Rynders

Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

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.

The following Senate amendment was read:

The Senate moves to amend HB 50 by striking lines 1 and 2 of page 2 and inserting in lieu thereof the following:

"(5) 'NCPA' means the 'National Child Protection Act of 1993,' 42 U.S.C. Sections 3759, 5101 note, 5119, 5119(a) to 5119(c)."

By striking line 19 of page 2 and inserting in lieu thereof the following: "(9) 'VCA' means the 'Volunteers for Children Act,' 42 U.S.C. Sections 5101 note, 5119(a) and 5119(b)."

Representative Teilhet of the 40th moved that the House agree to the Senate amendment to HB 50.

On the motion, 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

Y Crawford Y Cummings
Davis Y Day Y Dean Y Dickson
Dodson

Y Holmes Y Holt Y Horne Y Houston
Howard Y Hudson Y Hugley

Y Maxwell Y May Y McCall Y McClinton Y Meadows
Millar Y Miller

Y Sailor Y Scheid Y Scott, A Y Scott, M
Setzler Y Shaw Y Sheldon

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3651

Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Bruce
Bryant Y Buckner, D Y Buckner, G Y Burkhalter E Burmeister
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 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 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

Jackson 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 E Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

On the motion, the ayes were 159, nays 0.

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

Y Sims, C Y Sims, F Y Sinkfield E Smith, B Y Smith, L Y 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
Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix
Yates Richardson, Speaker

The motion prevailed.

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.

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The following Senate substitute was read:
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. 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:

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3653

"(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. (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, except for alcoholic beverages, to a qualifying 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

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JOURNAL OF THE HOUSE

passengers and crew in the aircraft, whether in flight or on the ground; and 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."

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.

Representative Burkhalter of the 50th moved that the House agree to the Senate substitute to HB 341.

On the motion, 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 N 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 N Buckner, G Y Burkhalter E 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
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 Harbin Y Hatfield

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 Maxwell Y May
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
Ralston Y Randall Y Ray
Reece, B

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

TUESDAY, MARCH 29, 2005

3655

Y Cheokas Y Coan Y Cole
Coleman, B Y Coleman, T Y Cooper Y Cox

Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Lucas Lunsford
Y Maddox Y Mangham Y Manning Y Marin Y Martin

On the motion, the ayes were 161, nays 2.

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
Yates Richardson, Speaker

The motion prevailed.

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 Senate substitute was read:

A BILL

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 certain personal information concerning donors or potential donors to such institutions or foundations shall not be subject to disclosure; to provide definitions; 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 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required, is amended by striking the word "or" at the end of paragraph (16) of subsection (a), by striking the period at the end of paragraph (17) of subsection (a) and inserting in lieu thereof "; or", and by adding a new paragraph (18) to read as follows:

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"(18) 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; provided, however, that the name of any donor and the amount of donation made by such donor shall be subject to disclosure if such donor or any entity in which such donor has a substantial interest transacts business with the public postsecondary educational institution to which the donation is made within three years of the date of such donation. As used in this paragraph, the term 'transact business' means to sell or lease any personal property, real property, or services on behalf of oneself or on behalf of any third party as an agent, broker, dealer, or representative in an amount in excess of $10,000.00 in the aggregate in a calendar year and the term 'substantial interest' means the direct or indirect ownership of more than 25 percent of the assets or stock of an entity."

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.

Representative Hembree of the 67th moved that the House agree to the Senate substitute to HB 340.

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

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

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

N Holmes Y Holt Y Horne N Houston N Howard Y Hudson
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 N Keown N Kidd Y Knight Y Knox

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

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

TUESDAY, MARCH 29, 2005

3657

Y Burns N Butler Y Byrd Y Carter Y Casas N Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T
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
Heckstall Y Hembree N Henson N Hill, C Y Hill, C.A

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

On the motion, the ayes were 90, nays 76.

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

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

The chair voted "aye".

On the motion, the ayes were 91, nays 76.

The motion prevailed.

Representative Porter of the 143rd moved that the House reconsider its action in agreeing to the Senate substitute to HB 340.

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

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

N Crawford Y Cummings N Davis N Day Y Dean N Dickson
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 Y Franklin
Freeman Y Gardner N Geisinger N Golick

N Holmes N Holt N Horne N Houston Y Howard N Hudson
Hugley Y Jackson Y Jacobs Y James Y Jamieson N 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 Maxwell N May N McCall Y McClinton N Meadows N Millar N Miller N Mills Y Mitchell Y Morgan N Morris Y Mosby Y Mosley
Mumford N Murphy, J N Murphy, Q N Neal Y Oliver N O'Neal Y Orrock
Parham N Parrish Y Parsons

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

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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

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

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

On the motion, the ayes were 70, nays 98.

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

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

The motion was lost.

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 Senate amendments were read:

Senate Amendment #1

The Senate moves to amend HB 577 by adding the following after "records." on line 23 on page 1:

"Notwithstanding the provisions of this paragraph, fingerprint images electronically stored on existing drivers licenses will be destroyed upon application for a renewal of the drivers license."
Senate Amendment #2
The Senate moves to amend HB 577 by deleting "2007" and inserting "2006" on line 4 on page 4.

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Senate Amendment #3

The Senate moves to amend HB 577 by inserting "to prescribe the type of documentation sufficient to obtain a temporary drivers license or permit or special identification card;" after "cards;" on line 4 on page 1.

By renumbering Sections 2, 3, 4, 5, and 6 as Sections 3, 4, 5, 6, and 7, respectively.

By adding a new Section 2 to read as follows:

"SECTION 2. Said chapter is further amended by inserting immediately following Code Section 40-521 a new Code section to read as follows:
'40-5-21.1. (a) Notwithstanding any other provision of this title, an applicant who presents in person valid documentary evidence of:
(1) Admission to the United States in a valid, unexpired nonimmigrant status; (2) A pending or approved application for asylum in the United States; (3) Admission into the United States in refugee status; (4) An approved application for temporary protected status in the United States; (5) Approved deferred action status; or (6) Other federal documentation verified by the United States Department of Homeland Security to be valid documentary evidence of lawful presence in the United States under federal immigration law may be issued a temporary license, permit, or special identification card. Such temporary license, permit, or special identification card shall be valid only during the period of time of the applicants authorized stay in the United States. (b) A drivers license or identification card issued by any state or territory which, on or after July 1, 2006, authorized such drivers license or identification card to be issued to persons not lawfully present in the United States may not be accepted as evidence of legal presence in the United States.'"

Representative Loudermilk of the 14th moved that the House agree to the Senate amendments to HB 577.

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

Abdul-Salaam Y Amerson E Anderson N Ashe Y Barnard Y Barnes Y Bearden N Beasley-Teague

Y Crawford N Cummings Y Davis Y Day Y Dean Y Dickson
Dodson N Dollar

N Holmes Y Holt Y Horne Y Houston N Howard
Hudson N Hugley N Jackson

Y Maxwell Y May Y McCall N McClinton Y Meadows Y Millar N Miller Y Mills

Y Sailor Y Scheid N Scott, A Y Scott, M Y Setzler N Shaw Y Sheldon N Sims, C

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Benfield N Benton N Black N Bordeaux Y Borders N Bridges Y Brooks Y Brown
Bruce N Bryant N Buckner, D N Buckner, G Y Burkhalter E Burmeister N 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

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

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

On the motion, the ayes were 96, nays 69.

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
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 Y Rogers Y Royal Y Rynders

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

The motion prevailed.

Representative Howard of the 121st stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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 Senate substitute was read:

A BILL

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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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. 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, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Each county and municipal corporation of the State of Georgia is authorized to participate in federal programs which provide federal grants and federal loans for such purposes including but not limited to housing, transportation, and water and wastewater treatment and distribution purposes. Supplementary to any existing authority granted by law, counties and municipal corporations shall be authorized to exercise the following powers:
(1) To expend revenues, but shall not impose any new form of taxation; and (2) To contract:
(A) With the United States, its departments and agencies; (B) With the State of Georgia, its departments, agencies, and authorities; (C) With regional development centers, political subdivisions of the state, and public authorities of such subdivisions; and (D) With private nonprofit entities organized for the purpose of providing services to persons of low and moderate income when such entities are exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986 when the exercise of such powers is necessary to comply with the conditions established by federal law and federal regulations for eligibility for participation in such federal programs."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Mitchell of the 88th moved that the House agree to the Senate substitute to HB 186.

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

Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard

Y Crawford Y Cummings
Davis Y Day Y Dean

Y Holmes Holt
Y Horne Y Houston Y Howard

Y Maxwell Y May Y McCall Y McClinton Y Meadows

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

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Y Barnes Y Bearden Y 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 E 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 Dickson 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
Harbin Y Hatfield Y Heard, J Y Heard, K
Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson
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
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

On the motion, the ayes were 158, nays 0.

Millar 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 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 Shaw Y Sheldon Y Sims, C Y Sims, F Y 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 Y Stephenson Y Talton
Teilhet Y Thomas, A.M Y Thomas, B
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

The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

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 cross-

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reference; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Representative Murphy of the 120th moved that the House insist on its position in disagreeing to the Senate amendments to HB 366 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 Knox of the 24th, Murphy of the 23rd and Hill of the 21st.
The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate substitutes thereto:
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 Senate substitute was read:
A BILL
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 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

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relating to supervision of assistants and technicians; to provide for effective dates; 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. 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, is amended in Code Section 43-34-193, relating to construction of the article, by striking paragraphs (11) and (12) and inserting in their respective places the following:
"(11) The measuring, molding, or fitting of knee braces by any person; or (12) Employees or authorized representatives of an orthotic manufacturer from engaging in one or more of the following: evaluating, adjusting, measuring, designing, fabricating, assembling, fitting, servicing, training, repairing, replacing, or delivering an orthotic device under the order, direction, or prescription of a physician or health

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3665

provider operating within his or her licensed scope of practice and meeting the criteria of the Part II Policy and Procedures for Orthotics and Prosthetics Services pursuant to Title XIX of the federal Social Security Act, as amended; or (13) A board certified pedorthist from manufacturing, fabricating, dispensing, or any combination thereof custom foot orthotics or foot or ankle gauntlets."

SECTION 3. Said article, 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, is further amended in Code Section 43-34-197, relating to supervision of assistants and technicians, by striking subsection (b) and inserting in its place the following:
"(b) No person shall work as a technician unless the work is performed under the supervision direction of a person licensed under this article, which shall not require direct supervision."

SECTION 4. (a)(1) For purposes of promulgating rules and regulations, Sections 2 and 3 of this Act shall become effective on July 1 of the fiscal year in which this Act becomes effective as provided by paragraph (3) of this subsection.
(2) For all other purposes, Sections 2 and 3 of this Act shall become effective July 1 of the fiscal year following the year in which this Act becomes effective as provided by paragraph (3) of this subsection. (3) Sections 2 and 3 of this Act shall become effective only upon the specific appropriation of funds for purposes of said sections of this Act, including without limitation those positions necessary for implementation, as expressed in an appropriations Act enacted by the General Assembly. (b) All sections of this Act other than Sections 2 and 3 shall become effective July 1, 2005.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Reece of the 27th moved that the House agree to the Senate substitute to HB 608.

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

Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard

Y Crawford Y Cummings Y Davis Y Day Y Dean

Y Holmes Y Holt Y Horne Y Houston
Howard

Y Maxwell Y May Y McCall Y McClinton Y Meadows

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

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JOURNAL OF THE HOUSE

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 E 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 Dickson Dodson
Y Dollar E Drenner
Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Forster Y Franklin Y Freeman Y Gardner Y Geisinger Golick Y Graves, D Y Graves, T 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 Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson
Jones, J Y Jones, S
Jordan Y Keen Y Keown
Kidd 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 Marin Y Martin

On the motion, the ayes were 146, nays 0.

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

Y Shaw Y Sheldon
Sims, C Y Sims, F Y 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 Y Stephenson Y Talton
Teilhet Y Thomas, A.M
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

The motion prevailed.

Representative Reece of the 11th 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 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.

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The following Senate substitute was read:
A BILL
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking subsections (b) and (d) of Code Section 31-6-21.1, relating to procedures for rule making by Department of Community Health, and inserting in lieu thereof new subsections (b) and (d) to read as follows:
"(b) The department shall transmit three copies of the notice provided for in paragraph (1) of subsection (a) of Code Section 50-13-4 to the legislative counsel. The copies shall be transmitted at least 30 days prior to that departments intended action. Within five days after receipt of the copies, if possible, the legislative counsel shall furnish the presiding officer of each house with a copy of the notice and mail a copy of the notice to each member of the Health and Human Services Committee of the Senate and each member of the Health and Ecology Human Services Committee of the House of Representatives. Each such rule and any part thereof shall be subject to the making of an objection by either such committee. Any rule or part thereof to which no objection is made by both such committees may become adopted by the department at the end of such 30 day period. The department may not adopt any such rule or part thereof which has been changed since having been submitted to those committees unless:
(1) That change is to correct only typographical errors; (2) That change is approved in writing by both committees and that approval expressly exempts that change from being subject to the public notice and hearing requirements of subsection (a) of Code Section 50-13-4; (3) That change is approved in writing by both committees and is again subject to the public notice and hearing requirements of subsection (a) of Code Section 50-13-4; or (4) That change is again subject to the public notice and hearing requirements of subsection (a) of Code Section 50-13-4 and the change is submitted and again subject to committee objection as provided in this subsection. Nothing in this subsection shall prohibit the department from adopting any rule or part thereof without adopting all of the rules submitted to the committees if the rule or part so adopted has not been changed since having been submitted to the committees and objection thereto was not made by both committees."

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"(d) Any rule or part thereof which is objected to by only one committee under subsection (b) of this Code section and which is adopted by the department may be considered by the branch of the General Assembly whose committee objected to its adoption by the introduction of a resolution for the purpose of overriding the rule at any time within the first 30 days of the next regular session of the General Assembly. It shall be the duty of the department in adopting a proposed rule over such objection so to notify the chairmen of the Health and Human Services Committee of the Senate and the Health and Ecology Human Services Committee of the House within ten days after the adoption of the rule. In the event the resolution is adopted by such branch of the General Assembly, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch of the General Assembly to have such branch, within five days after the receipt of the resolution, consider the resolution for the purpose of overriding the rule. In the event the resolution is adopted by two-thirds of the votes of each branch of the General Assembly, the rule shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by a majority but by less than two-thirds of the votes of either branch, the resolution shall be submitted to the Governor for his approval or veto. In the event of his veto, the rule shall remain in effect. In the event of his approval, the rule shall be void on the day after the date of his approval."
SECTION 2. Said title is further amended by striking Code Section 31-6-46, relating to annual reports by department, and inserting in lieu thereof a new Code Section 31-6-46 to read as follows:
"31-6-46. The department shall prepare and submit an annual report to the Health and Human Services Committee of the Senate and the Health and Ecology Human Services Committee of the House of Representatives about its operations and decisions for the preceding 12 month period, not later than 30 days prior to each convening of the General Assembly in regular session. Either committee may request any additional reports or information, including decisions, from the department at any time, including a period in which the General Assembly is not in regular session."
SECTION 3. Said title is further amended by striking Code Section 31-43-4, relating to members of the Commission on Mens Health, and inserting in lieu thereof a new Code Section 31-43-4 to read as follows:
"31-43-4. The commission shall consist of 11 members: seven members appointed by the Governor; two members of the Senate appointed by the President of the Senate Committee on Assignments, one of whom shall be the chairperson of the Senate Health and Human Services Committee or his or her designee; and two members of the House

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3669

of Representatives appointed by the Speaker of the House, one of whom shall be the chairperson of the House Committee on Health and Ecology Human Services or his or her designee. The Governor may also appoint an honorary chairperson to serve as a member of the commission."
SECTION 4. Code Section 44-5-150 of the Official Code of Georgia Annotated, relating to the duties of the Advisory Board on Anatomical Gift Procurement, is amended by striking paragraph (7) and inserting in lieu thereof a new paragraph (7) to read as follows:
"(7) Report biennially to the Governor, the Health and Ecology Human Services Committee of the House of Representatives, and the Health and Human Services Committee of the Senate regarding the progress and actions of the advisory board."
SECTION 5. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by striking Code Section 49-4-149.1, relating to submission by department of plan for family supplementation of Medicaid payments upon federal removal of restrictions, and inserting in lieu thereof a new Code Section 49-4-149.1 to read as follows:
"49-4-149.1. If the federal government removes restrictions upon family supplementation of Medicaid payments or approves a waiver allowing this supplementation, the Department of Community Health shall submit to the Health and Human Services Committee of the Senate and the Health and Ecology Human Services Committee of the House of Representatives a plan for this supplementation, which submission shall be made within 30 days after the earlier of the date the restrictions are removed or the date the waiver is approved."
SECTION 6. Said title is further amended by striking Code Section 49-5-224, relating to commissioner of human resources to submit annual report, and inserting in lieu thereof a new Code Section 49-5-224 to read as follows:
"49-5-224. The commissioner of human resources shall submit an annual report to the House and Senate Appropriations Committees, the House and Senate Education Committees, the House Health and Ecology Human Services Committee, the Senate Committee on Youth, Aging, Health and Human Ecology Services, the Governor, and the Children and Youth Coordinating Council. The report shall contain a copy of the updated State Plan for the Coordinated System of Care. The report shall also contain the following information on severely and emotionally disturbed children and adolescents receiving services directly or indirectly through the Department of Human Resources, the Department of Education, or any other state agency:
(1) The number and ages of children in out-of-state residential facilities;

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(2) The number and ages of children in in-state residential facilities; (3) The number and ages of children in nonresidential treatment; (4) Annual public funds expended for out-of-state placements, the sources of such funds, and the average cost per child of such out-of-state placement; (5) Annual public funds expended for in-state residential placements, the sources of such funds, and their average cost per child of such in-state residential placement; (6) Annual public funds expended for nonresidential treatment, the sources of such funds, and the average cost per child of such nonresidential treatment; (7) The average length of stay in out-of-state and in-state placements; and (8) The number and ages of children placed in out-of-home treatment compared to the total number of children in each county of the state."
SECTION 7. Said title is further amended by striking Code Section 49-5-227, relating to Children and Youth Coordinating Council to comment on plan for Coordinated System of Care and provide recommendations, and inserting in lieu thereof a new Code Section 49-5-227 to read as follows:
"49-5-227. The Children and Youth Coordinating Council shall:
(1) Annually review and comment on the State Plan for the Coordinated System of Care, and submit its comments to the House and Senate Appropriations Committees, the House and Senate Education Committees, the House Health and Ecology Human Services Committee, the Senate Committee on Youth, Aging, Health and Human Ecology Services, the Governor, the Department of Human Resources, and the Department of Education; and (2) Annually identify and recommend fiscal, policy, and program initiatives and revisions in the state coordinated system of care to the House and Senate Appropriations Committees, the House and Senate Education Committees, the House Health and Ecology Human Services Committee, the Senate Committee on Youth, Aging, Health and Human Ecology Services, the Governor, the Department of Human Resources, and the Department of Education."
SECTION 8. Said title is further amended by striking subsection (g) of Code Section 49-6-62, relating to establishment of community care unit, and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) The department shall submit on January 1 of each year, beginning in 1984, a progress report on the implementation of the plan required by subsection (e) of this Code section to the Speaker of the House of Representatives, the President of the Senate Committee on Assignments, the chairman of the House Health and Ecology Human Services Committee, and the chairman of the Senate Youth, Aging, Health and Human Ecology Services Committee."

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3671

SECTION 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

Representative Forster of the 3rd moved that the House agree to the Senate substitute to HB 309.

On the motion, 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 Y 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 E 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 Y Davis Y Day Y Dean Y Dickson
Dodson Dollar E 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 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
Jones, J Y Jones, S
Jordan Y Keen Y Keown Y Kidd
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

On the motion, the ayes were 153, nays 0.

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills
Mitchell Morgan Morris Y Mosby 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 Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Y Roberts Rogers Royal 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 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 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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The motion prevailed.
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 following Senate substitute was read:
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 by naming him "Georgia's Appalachian Poet/Novelist"; and for other purposes.
WHEREAS, Byron Herbert Reece produced an enduring body of poetry and fiction from the sounds and spirits of his North Georgia homeland; and
WHEREAS, his five volumes of verse draw deeply from the lyrical wellsprings of nature and the Bible, twin legacies of an upbringing in the agricultural uplands of Union County near Blairsville; and
WHEREAS, his two novels are remarkable regional portraits, one a mountain family drama of overland journey to Old Testament rhythms and the other a morality play of a small town lynching; and
WHEREAS, Reece was a bright and solitary schoolboy who graduated from Blairsville High School and grew up in such rural isolation that he never saw a car until he was over eight years old; and
WHEREAS, he attended Young Harris College and taught school intermittently between 1935 and 1942 producing poem after poem while caring for his ill parents and managing the family farm; and
WHEREAS, he won the American Poet magazine's annual poetry award in 1943 and by 1952 had received a Pulitzer Prize nomination for his poetry, had been profiled in Newsweek magazine, and had been tendered a poet-in-residence position at UCLA; and
WHEREAS, he received the Georgia Writers Association literary achievement award five times and served as the poet-in-residence at both Young Harris College and Emory University; and

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WHEREAS, a play inspired by his writings, "The Reach of Song," was declared the official drama of the State of Georgia in 1990; and

WHEREAS, despite enduring hardships, this remarkable man created a literary oeuvre which has reflected great honor on his beloved mountain community and the State of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body recognize the tremendous literary contributions to this state made by Byron Herbert Reece.

BE IT FURTHER RESOLVED that the portion of U.S. Highway 129 lying between the historic courthouse of Union County in Blairsville, Georgia, southward to the Union County line located at Neel's Gap on Blood Mountain shall be dedicated the "Byron Herbert Reece Memorial Highway," and the Department of Transportation is authorized and directed to place and maintain appropriate signs so dedicating the highway.

BE IT FURTHER RESOLVED that Byron Herbert Reece is hereby named "Georgia's Appalachian Poet/Novelist."

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the family of Byron Herbert Reece, the Byron Herbert Reece Society, and the Department of Transportation.

Representative Jenkins of the 8th moved that the House agree to the Senate substitute to HR 295.

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

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

Y Crawford Y Cummings
Davis Y Day Y Dean Y Dickson
Dodson Y Dollar E 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 Y Jackson Y Jacobs
James Y Jamieson Y Jenkins Y Jennings Y Johnson
Jones, J Y Jones, S
Jordan

Y Maxwell Y 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

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y 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 Y Buckner, G
Burkhalter E 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 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 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 Manning Y Marin Martin

On the motion, the ayes were 157, nays 0.

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 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

The motion prevailed.

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 following Senate substitute was read:

A RESOLUTION

Honoring the life of Charles Bradley Mullis and dedicating the Charles Bradley Mullis Memorial Bridge; dedicating the intersection of State Highway 515 and State Highway 53 as "Disabled American Veterans Intersection"; dedicating the Frank G. Harris Memorial Highway; honoring the memory of Reverend H. F. (Parson) Joyner and dedicating the North Bridge at East 2nd Avenue in Rome, Georgia, as the Parson H. F. Joyner Memorial Bridge; 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; dedicating a portion of US Highway 341 within the corporate limits of the City of McRae as Martin Luther King, Jr., Blvd.; dedicating a portion of US Highway 441 within the corporate limits of the City of McRae in honor of Mayor Johnny Bradfield; commending Roger Caudell and dedicating the "Roger Caudell Highway"; remembering the life of George Edward Bentley and honoring his memory by dedicating that portion of the GA 120 Loop in Marietta, Georgia, from the end of the Martin Luther

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King, Jr., designation to that portion crossing Black Jack Mountain Stables as the George Bentley Memorial Highway; commending James D. (Jim) McGee; dedicating the James D. (Jim) McGee Memorial Highway; and for other purposes.
PART I WHEREAS, Charles Bradley Mullis was born December 18, 1963, in Homerville, Georgia, and was the beloved son of June and Jimmy Mullis; and
WHEREAS, after several short stays in other places, in 1966 his family moved back to his childhood hometown of Axson, Georgia; and
WHEREAS, Brad attended Pearson Elementary School, Atkinson County Junior High, and Atkinson County High School, and while in high school he played football, basketball, and track; and
WHEREAS, he was awarded the Academic Athlete award and the Coachs Award while in high school; and
WHEREAS, he furthered his education at the United States Air Force Academy Prep School, and Valdosta State, before graduating from Georgia Tech with a degree in management with accounting concentration; and
WHEREAS, Brad went on to become a certified public accountant; and
WHEREAS, in his professional career he started as a senior auditor at Ernst & Young and ended up as a controller for Thompson, Ventulett, Stainback and Associates; and
WHEREAS, he was a member of the DeKalb County Georgia Tech Club, the American Institute of Certified Public Accountants, the Georgia Society of Certified Public Accountants, and the Dunwoody United Methodist Church; and
WHEREAS, in his time off, Brad enjoyed fishing; he could spend hours enjoying the beauty of nature and would not be angry if he did not catch any fish because he enjoyed the experience; and
WHEREAS, he was a kind, loving man with many friends and he touched many lives, and his ability to get along with anyone while encouraging them to do their best were the benchmarks of his success.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on US 82/SR 520 between Axson, Georgia, and the Atkinson County line is dedicated as the Charles Bradley Mullis Memorial Bridge.

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BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating said bridge.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the parents of Charles Bradley Mullis and the Department of Transportation.
PART II WHEREAS, all Americans enjoy the benefits of living in a free country; and
WHEREAS, this freedom does not come without a price; and
WHEREAS, many men and women in the history of our nation have risen to the call and performed their duty to defend this country and our freedoms in times of conflict; and
WHEREAS, many of these gallant men and women have paid a high personal price in the defense of liberty with the loss of their sight, hearing, and mobility and with other disabilities; and
WHEREAS, proper recognition of the service and sacrifice of these brave men and women is most appropriate.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body honor disabled American veterans, both living and deceased, and dedicate the intersection of State Highway 515 and State Highway 53 in Pickens County as "Disabled American Veterans Intersection."
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating the intersection.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Pickens Chapter #47 of the Disabled American Veterans and the Department of Transportation.
PART III WHEREAS, the substantial contributions of Mr. Frank G. Harris to the community and to the state significantly improved the quality of life for his fellow citizens; and
WHEREAS, he was born in Gilmer County, Georgia, on September 17, 1911, and married Julia Frances Morrow in 1933; and
WHEREAS, a deeply religious person, he was a member of the Faith United Methodist Church for over 65 years, serving as the Chairman of the Building Committee during the

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3677

construction of the former church building and parsonage, as a certified lay speaker in the North Georgia Conference, and for four years on the Evangelism Board of the North Georgia Conference; and
WHEREAS, he received an honorary doctorate degree in Human Letters from Asbury College in 1990, served on the Board of Trustees of Asbury College for 16 years, and established the Frank G. and Frances M. Harris Scholarship for Georgia students; and
WHEREAS, he was actively involved with the Indian Springs Holiness Camp, serving on the Board of Trustees for 42 years and as President for 24 years, during which time he supervised the building of five new buildings; and
WHEREAS, he demonstrated his commitment to education by serving for 11 years on the Cartersville School Board, serving as Chairman of the Board for ten years, during which time he integrated all schools peacefully; and
WHEREAS, in 1961, his family was voted Family of the Year for Cartersville and Bartow County and, in 1972, he received the Distinguished Service Award by the United States Committee for the United Nations; and
WHEREAS, he was the loving father of Fredric Alan, Joe Frank, and Glenda Chloe; and
WHEREAS, this fine gentleman and his exemplary public service will be remembered with honor throughout the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of State Route 42 in Butts County from its intersection with State Route 87 to the entrance of Indian Springs State Park is dedicated as the Frank G. Harris Memorial Highway in remembrance of the public service of this distinguished Georgia citizen.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating the highway.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the Department of Transportation and to the family of the late Mr. Frank G. Harris.
PART IV WHEREAS, after coming to Georgia from his native Virginia in 1904, Parson Joyner was employed for two years by the Seaboard Railroad, and then for seven years he edited a weekly newspaper in Rockmart; and

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WHEREAS, in 1913, he answered the call to the ministry and went to the Louisville Seminary for three years; and
WHEREAS, Parson Joyner came to Rome, Georgia, in 1916 and accepted a position at the Maple Street Baptist Church, which proved to be his first and last pastorate; and
WHEREAS, after seeing what was then the slums of Rome, he was inspired to a calling which he could not overlook; he set out to prove that the best way to fight juvenile delinquency was to give a child a ball instead of a rock; and
WHEREAS, in 1920, he opened a community house which later became the home of Parson and Mrs. Joyner; and
WHEREAS, in November, 1920, the gymnasium was completed as part of the Maple Street Community Center; and
WHEREAS, for many years, the Maple Street gym was used by every basketball team from Atlanta to Chattanooga and was the headquarters for every major basketball tournament in the area; professional basketball teams from throughout the country presented exhibitions at the Maple Street gym; and
WHEREAS, in 1932, Parson Joyner resigned from the Maple Street Baptist Church in order to devote his energies full time to the Maple Street Community Center; and
WHEREAS, in 1932, the Maple Street Community Center became the first affiliate member of the Boys Club of America in Georgia; and
WHEREAS, Parson Joyner continues to live in the hearts and minds of adult men and women of old East Rome who spent their childhood at the Maple Street Community Center; and
WHEREAS, he had a tremendously positive influence upon the lives of countless young boys and girls in the Rome area, many of whom might have gone astray without his Christian ministering.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body join in honoring the memory of a great Georgian, Reverend H. F. (Parson) Joyner, for his many contributions to the City of Rome and the State of Georgia.
BE IT FURTHER RESOLVED that the North Bridge at East 2nd Avenue in Rome, Georgia, is dedicated as the Parson H. F. Joyner Memorial Bridge; and the Department of

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Transportation is authorized and directed to place and maintain appropriate signs so designating the bridge.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the family of the late Reverend H. F. (Parson) Joyner and to the Department of Transportation.
PART V WHEREAS, Chip Riddle was born in New London, Connecticut, on January 23, 1960, the son of Bradford L. Riddle, Sr., and Maureen Bradley Riddle; and
WHEREAS, he graduated from West Rome High School and attended Floyd College, Jacksonville State University, and The Harvard Business School and graduated from The Economic Development Academy; and
WHEREAS, Chip served on the Business Technology Association National Board of Directors and was a member and past president of the Georgia Office Machine Dealers; he served on the Board of Directors for the Georgia Home Furnishings Association from 1996 until 1999; he was a member of the Floyd-Gordon County Development Authority, where he oversaw the Joint Industrial Park location in Floyd County; and he served two terms as chairman of the Greater Rome Convention and Visitors Bureau; and
WHEREAS, he worked to bring the 1996 Olympic Flag Ceremony to Rome; he was the recipient of the Dickie Starnes Memorial Award and served as president of the Rome Jaycees; he also received the communitys Distinguished Service Award; and
WHEREAS, Chip served as chairman of the Rome Zoning Board of Appeals; was president of the Seven Hills Rotary Club, past president and past Heart Fund chairman for the Floyd County Heart Association, and past chairman of the Heart of the Community Board of Governors; was a member of the YMCA Board of Trustees, the Rome Sailing Club, and the Rome First United Methodist Church; and was a basketball coach for youth teams; and
WHEREAS, his best friend was his co-employee and his mentor, his father, Brad Riddle; and
WHEREAS, he leaves behind his loving wife, Kandis Drummond Riddle, a son, Bradford Lee Riddle III, and a daughter, Rebecca Brennen Riddle; parents, Maureen and Bradford L. Riddle, Sr.; a sister, Suzanne Riddle Knight; paternal grandmother, Vivian H. Riddle; and two sisters-in-law, Kim Drummond Evans and Kristi Drummond Duckworth; and

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WHEREAS, Chip loved working, tinkering with tools, teaching and coaching basketball, Jimmy Buffet, and, most of all, sailing; and
WHEREAS, he was a true leader, a terrific father, husband, son, partner, and a great friend.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body join in honoring the memory of a great Georgian, Bradford Lee "Chip" Riddle, Jr., for his many contributions to the City of Rome and the State of Georgia.
BE IT FURTHER RESOLVED that the South Bridge at East 2nd Avenue in Rome, Georgia, is dedicated as the Chip Riddle Memorial Bridge; and the Department of Transportation is authorized and directed to place and maintain appropriate signs so designating the bridge.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the family of the late Bradford Lee "Chip" Riddle, Jr., and the Department of Transportation.
PART VI WHEREAS, the late Dr. Martin Luther King, Jr., was a distinguished Georgian whose efforts to obtain a peaceful and just society earned a Nobel Prize; and
WHEREAS, the mayor and council of the City of McRae have requested by unanimous vote that the General Assembly honor the late Dr. King by dedicating a portion of US Highway 341 within the corporate limits of that city in his name; and
WHEREAS, it is only fitting and proper that the life and memory of the late Dr. Martin Luther King be so honored as requested.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of South Railroad Street which is also US Highway 341 within the corporate limits of the City of McRae is dedicated as Martin Luther King, Jr., Blvd., and the Department of Transportation is authorized and directed to erect and maintain signs so identifying the highway.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation and the mayor and council of the City of McRae.
PART VII

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WHEREAS, the late Johnny Bradfield served with dedication and ability as a member of the city council of the City of McRae from 1970 until October, 1985, and as mayor from 1986 through 1995; and
WHEREAS, he is remembered fondly by the citizens of McRae when they see the beautiful Bradford pear trees which he planted in the median of South Third Avenue; and
WHEREAS, the mayor and council of the City of McRae have requested that the General Assembly honor the late Mayor Johnny Bradfield by dedicating a portion of US Highway 441 within the corporate limits of that city in his name; and
WHEREAS, it is only fitting and proper that the life and memory of the late Honorable Johnny Bradfield be so honored as requested.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of South Third Avenue within the corporate limits of the City of McRae which is also US Highway 441 and which goes to Telfair County High School is dedicated as the Mayor Johnny Bradfield Highway, and the Department of Transportation is authorized and directed to erect and maintain signs so identifying the highway.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation, the mayor and council of the City of McRae, and the family of Honorable Johnny Bradfield.
PART VIII WHEREAS, Roger C. Caudell, a native of Banks County, entered the Army Air Force during World War II and served as a flight engineer on the B-29 Bomber and was a member of the fourth crew selected to deliver an atomic bomb upon Japan prior to its surrender; and
WHEREAS, he returned from serving our country to Stephens County and opened on West Currahee Street, now Georgia Highway 365, a grocery, hardware, and farm supply business which he and his family operated for more than 40 years; and
WHEREAS, during the same time he operated a poultry farm and resided beside the same highway; and
WHEREAS, during hard times, he extended credit on a handshake to many families for purchase of groceries, farm supplies, and gasoline and through his community activities became widely known and respected as a generous man who loved his customers and neighbors who lived beside the same road; and

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WHEREAS, he served as a deacon of the First Baptist Church of Toccoa for more than 50 years and provided leadership which contributed substantially to the growth and expansion of his church; and
WHEREAS, he served as a trustee of the Stephens County Board of Education and served 15 years as a board member of the Stephens County Department of Family and Children Services; and
WHEREAS, he was instrumental in expanding the poultry industry in Stephens County and for a time was the largest poultry grower in the county; and
WHEREAS, after the sale of his hardware, grocery, and farm supply business, he joined his son in the construction of residential, commercial, and industrial properties, primarily in Stephens County, and thereby added significantly to the tax base of his county; and
WHEREAS, he is highly respected and recognized as one of the foremost leaders in Northeast Georgia and continues, at age 81, to make significant contributions to his community; and
WHEREAS, it is altogether fitting and proper that the road on which he lived and which served as a connector to his neighbors and friends who experienced his lifelong influence as a generous and guiding leader of his community be dedicated in his honor as a tribute to the legacy of this man who loves his country, his community, and his church and who has set an example through his integrity and leadership for those many friends, neighbors, and recipients of his friendship and assistance.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body commends Roger Caudell for his service to his country, his state, and his community.
BE IT FURTHER RESOLVED that the portion of Georgia State Highway 365 extending east from the Jamieson Intersection to Lake Hartwell at the South Carolina boundary be dedicated as the "Roger Caudell Highway" and the Department of Transportation is authorized and directed to erect and maintain appropriate signs so dedicating the highway.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to Roger Caudell and the Department of Transportation.
PART IX WHEREAS, born in 1928, Mr. George Edward Bentley was a native of Marietta, Georgia; and

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WHEREAS, as a youth, Mr. Bentley was named Cobbs Future Farmer of the Year, and he went on to become a successful and highly respected dairy farmer; and
WHEREAS, his love for the 300 acres of land on which he grew up and with which he refused to part was well known, and his story was featured as part of Home & Garden TVs "Homestead Holdouts" after he turned down a developers $7.7 million offer for 52 acres; and
WHEREAS, he was also deeply dedicated to his community and served on the Cobb County Civil Service Board, the Hospital Authority of Cobb County, and the North Central Georgia Law Enforcement Academy Board; and
WHEREAS, he was not a man who garnered the spotlight, but as a man vitally interested in politics and the well-being of his community and his state, he was actively involved behind the scenes of government as a friend and trusted adviser to many public officials; and
WHEREAS, Mr. Bentley will be remembered as one of Georgias most distinguished and esteemed citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body join together to express their deepest regret at the passing of Mr. George Edward Bentley and extend their most sincere condolences to his family and the Cobb County community.
BE IT FURTHER RESOLVED that the portion of the GA 120 Loop in Marietta, Georgia, from the end of the Martin Luther King, Jr., designation to that portion crossing Black Jack Mountain Stables is dedicated as the George Bentley Memorial Highway, and the Department of Transportation is authorized and directed to place and maintain appropriate signs so designating the highway.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to Mrs. June White Bentley and the Department of Transportation.
PART X WHEREAS, James D. (Jim) McGee was born in New Smyrna Beach, Florida, on August 23, 1930; and
WHEREAS, he served his country with honor as an aviator in the United States Navy from 1951-1955; and

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WHEREAS, he earned his bachelors and masters degrees in civil engineering from the Georgia Institute of Technology; and
WHEREAS, he began his distinguished career in civil engineering with the Georgia Department of Transportation while still a student at the Georgia Institute of Technology; and
WHEREAS, during his 34 year career with the department, his service as a Senior Materials Test Engineer, State Highway Maintenance Engineer, Director of Administration in the Office of State Aid, and Director of Planning and Programming earned him the respect of his colleagues and furthered the departments mission of building safe and sustainable transportation infrastructure; and
WHEREAS, he became Deputy Commissioner of the Department in 1987, where he assisted the Commissioner with the overall management of a $1 billion transportation program for the State of Georgia; and
WHEREAS, as Deputy Commissioner he served as the departments legislative liaison, working closely with the Georgia House of Representatives and Georgia Senate in fashioning legislation on transportation issues beneficial to the citizens of the State of Georgia; and
WHEREAS, upon his retirement in 1989, James D. (Jim) McGee began a second career in consulting engineering as vice president and manager of the Transportation Group for Jordan, Jones & Goulding in Atlanta; and
WHEREAS, he co-founded McGee Partners, Inc., in 2002 serving as chairman of the board and chief executive officer; and
WHEREAS, throughout his engineering career, as both a public servant and private businessman, James D. (Jim) McGee had a keen sense of integrity and a commitment to quality and client satisfaction; and
WHEREAS, he was a devoted husband to his wife of 49 years, Eve; a loving father to daughter Kelley and sons James Michael (Mickey) and Davis Alan; and a proud grandfather of 11 grandchildren and one great-grandson; and
WHEREAS, in recognition and tribute to the exemplary public service of James D. (Jim) McGee, it is most fitting that the State of Georgia perpetuate his name in an appropriate fashion.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of U.S. Interstate Highway 85 from Flat Shoals Road to State

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Route 74 is dedicated as the James D. (Jim) McGee Memorial Highway.

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers designating the James D. (Jim) McGee Memorial Highway.

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the family of James D. (Jim) McGee and to the Commissioner of Transportation.

BE IT FURTHER RESOLVED that the portion of Georgia State Highway 155, AKA Flatshoals Parkway extending east from its intersection with I-285 to its intersection with Snapfinger Road, be dedicated as "Earl Paulk Parkway" and the Department of Transportation is authorized and directed to erect and maintain appropriate signs so dedicating the highway.

Representative Graves of the 12th moved that the House agree to the Senate substitute to HR 269.

On the motion, 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 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 Buckner, G Y Burkhalter E Burmeister Y Burns Y Butler Y Byrd Y Carter
Casas Y Chambers Y Channell

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson
Dodson Y Dollar E 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 Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson 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 Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills
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 Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Randall Y Ray Y Reece, B

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y 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 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
Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin
Martin

On the motion, the ayes were 156, nays 0.

Y Reece, S Y Reese
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

The motion prevailed.

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.

The following Senate 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; 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 other

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laws relating to motor vehicles, including but not limited to 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 transferred functions, both in connection with and in addition to the 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:
(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; (2)(1) Administration of the laws and regulations relating to drivers licenses, as provided for in Chapter 5 of Title 40 this title; (3)(2) Administration of the laws and regulations relating to proof of financial responsibility, as provided for in Chapter 9 of Title 40 this title; (3) Administration of laws relating to ignition interlock devices for use by driving under the influence offenders;

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(4) Administration of laws relating to driver training schools, driver improvement clinics, DUI Alcohol or Drug Use Risk Reduction Programs, and commercial driving schools; (5) Administration of laws relating to motorcycle safety programs; (6) Administration of laws and regulations relating to issuance of limousine chauffeur permits; and (7) 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; (6)(3) Administration and enforcement anywhere in the state of laws and regulations relating to certification of 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 and administration of laws and regulations relating to carrier registration and registration and titling of vehicles is transferred to the Department of Revenue; (4) Administration of laws relating to motor vehicle franchise practices is transferred to the Department of Revenue; (5) Administration of laws relating to handicapped parking permits is transferred to the Department of Revenue; (6) 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; (7) Administration of laws relating to hazardous materials carriers is transferred to the Department of Public Safety; (7)(8) 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;

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(8)(9) 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) 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) 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) 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) 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 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

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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 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

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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. (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.

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(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, 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. (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

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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 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.

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(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 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

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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 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.

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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
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 state revenue commissioner and includes any county tax commissioner when so authorized by the state revenue 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

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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 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.

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(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:
(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.

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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
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.

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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.
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

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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 Revenue 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."
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 state revenue commissioner of motor vehicle safety. (2) 'Department' means the Department of Motor Vehicle Safety Revenue.
10-1-666. As an alternative to and in addition to any civil or criminal enforcement of this article, the state revenue commissioner of motor vehicle safety by and through the Department of Motor Vehicle Safety Revenue is authorized to enforce the provisions of this article and any order issued pursuant to the enforcement of this article.

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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 Revenue 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."
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

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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; (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

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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 (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

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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 Revenue 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 Revenue, 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 report sent by the seizing agency to the Department of Motor Vehicle Safety Revenue, 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 Revenue 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 Revenue 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 Revenue shall issue a certificate of title or a salvage certificate of title, as determined by the state revenue commissioner of motor vehicle safety, for such motor vehicle upon receipt of the statutory fee, a properly executed application for a certificate of title or

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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 state revenue commissioner of motor vehicle safety, any such 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

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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. (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

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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 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

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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 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.

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(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 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 Revenue. 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

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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. (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."

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(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. 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;

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(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. (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:

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"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:
"(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.

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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 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;

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(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. (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

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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 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 Revenue; 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 Revenue. (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

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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 (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 Revenue 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 state revenue commissioner of motor vehicle safety for issuance

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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 Revenue may append its 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 Revenue, the owner of the vehicle or the holder of any security interest or lien shown in the records of the department Department of Revenue 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 Revenue 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, 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 Revenue 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 Revenue 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

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Vehicle Safety Revenue shall send a letter to the owner of such motor vehicle notifying the owner of the suspension of the motor vehicle registration issued to the motor vehicle involved in 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 Revenue, the state revenue commissioner of motor vehicle safety 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 Revenue shall suspend the motor vehicle registration for a period of 60 days and thereafter until the owner submits proof of compliance with this subsection and pays the $150.00 restoration fee to the Department of Motor Vehicle Safety Revenue. (2) Unless otherwise provided for in this Code section, notice of the effective date of the suspension of a motor vehicle registration occurs when the owner has actual knowledge or legal notice thereof, whichever first occurs. For the purposes of making any determination relating to the restoration of a suspended motor vehicle registration, no period of suspension shall be deemed to have begun until ten days after the mailing 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 Revenue maintained under Chapter 3 of Title 40 shall, 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 state revenue commissioner of motor vehicle safety 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 Revenue 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

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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, 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 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."

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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 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

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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 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 state revenue commissioner, 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 Revenue 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 Revenue."

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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.'
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 Revenue; (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;

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(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; (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:

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(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 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 state revenue commissioner. (3) 'Department' means the Department of Motor Vehicle Safety Revenue."
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.

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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." "(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.

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(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 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 state revenue commissioner of motor vehicle safety 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

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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 state revenue commissioner of motor vehicle safety. 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 state revenue commissioner of motor vehicle safety."
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:
"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 or his or her designated agent may 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

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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 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 state revenue commissioner of motor vehicle safety.

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(2.1) 'Department' means the Department of Motor Vehicle Safety Revenue."
SECTION 15-2. 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.
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 Revenue 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

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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 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."

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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 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

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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 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 licenses ..........................................................................................................

15.00 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

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(8) For renewal of Classes A, B, C, and M commercial drivers licenses...
(8.1) For renewal of five-year Classes A, B, C, and M noncommercial drivers licenses.............................................................................................
(8.2) For renewal of ten-year Classes A, B, C, and M noncommercial drivers licenses.............................................................................................
(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..............................................................................................

15.00 20.00 20.00 35.00
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 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

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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 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

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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 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.

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(b) The commissioner may 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, if they so agree, as agents of the department for this purpose and may authorize the issuance of drivers licenses by county tag agents. No county tag agent shall be required to issue or renew drivers licenses unless such county tag agent agrees in writing to perform such functions. No county tag agent shall be required to issue or renew drivers licenses for residents of any county other than the residents of the county for which he or she serves as tax commissioner."
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:
"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

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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. 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 may determine the locations at which applications shall be accepted for applications due to change of name or address. Without limiting the generality of the foregoing, it is specifically provided that the commissioner may designate county tag agents, if they so agree, as agents of the department for this purpose."
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

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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:
(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

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(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:
(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 or $200 when such reinstatement is processed by mail unless such conviction was a recidivist conviction in which case the restoration fee shall be $510.00 or $500.00 when 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

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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 or $200 when such reinstatement is processed by mail unless such conviction was a recidivist conviction in which case the restoration fee shall be $510.00 or $500.00 when processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving program approved by the department or a DUI Alcohol or Drug Use Risk Reduction Program 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

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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 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

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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 a restoration fee of $210 or $200 when such reinstatement is processed by mail unless such conviction was a recidivist conviction in which case the restoration fee shall be $510.00 or $500.00 when processed by mail. 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

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Program approved by the Department of Human Resources and pays a restoration fee of $210 or $200 when such reinstatement is processed by mail unless such conviction was a recidivist conviction in which case the restoration fee shall be $510.00 or $500.00 when processed by mail. 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 Driver Services a restoration fee of $210 or $200 when such reinstatement is processed by mail unless such conviction was a recidivist conviction in which case the restoration fee shall be $510.00 or $500.00 when 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

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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 Driver Services a restoration fee of $210 or $200 when such reinstatement is processed by mail unless such conviction was a recidivist conviction in which case the restoration fee shall be $510.00 or $500.00 when 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 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

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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. (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

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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 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

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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 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

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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, driver services 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 driver services 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 or the commissioner of human resources, as appropriate, driver services 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

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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 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

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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 of Motor Vehicle Safety Revenue 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:

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"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:
"(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 Revenue."
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

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subsection to read as follows: "(a) The Department of Motor Vehicle Safety Revenue shall issue parking permits for persons with disabilities at every place where it issues drivers licenses and may delegate to county tag agents responsibility for issuance of such permits to residents of the county served by the tag agent. 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 Revenue 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 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.

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(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:
"(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."

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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. 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.

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(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" "(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.

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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. 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.

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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 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

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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; 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

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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.'
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.

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(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 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

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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 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

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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 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

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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 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

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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: (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."

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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 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

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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.
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.

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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 Revenue."
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:
"(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 state revenue commissioner, to the Department of Motor Vehicle Safety Revenue with a research fee of $2.00 as fixed by rule or regulation payable to the Department of Motor Vehicle Safety Revenue, stating the manufacturers vehicle identification number, the license

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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 Revenue. 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 Revenue. 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 Revenue, but in like manner, if such office processes motor vehicle records of the Department of Motor Vehicle Safety Revenue. " "(h) The Department of Motor Vehicle Safety Revenue 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 Revenue. (i) Any person storing a vehicle under the provisions of this Code section shall notify the Department of Motor Vehicle Safety Revenue 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 Revenue, the department may require such other information or confirmation as it determines is necessary or appropriate to determine the identity of the vehicle."
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

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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 Revenue 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 Revenue 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 the records of the Department of Motor Vehicle Safety Revenue. 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

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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 Revenue, 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 Revenue. The Department of Motor Vehicle Safety Revenue 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:
"(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

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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 Revenue. 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 Revenue if such person or persons fail to respond within ten days of receipt of such notice. The state revenue commissioner of motor vehicle safety 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 Revenue, 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 Revenue 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 Revenue required in this subsection for a period of three years after its disposition. Such person shall also notify the Department of Motor Vehicle Safety

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Revenue of the disposition of such vehicle in such manner as may be prescribed by the state revenue commissioner of motor vehicle safety. The Department of Motor Vehicle Safety Revenue 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 Revenue 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 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

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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 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."

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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 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.

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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:
"(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.

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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. 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

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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 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

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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:
(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."

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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. 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.

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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 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

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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 Revenue 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 state revenue commissioner of motor vehicle safety, 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 state revenue commissioner of motor vehicle safety or a designated agent, the administrator of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975,' or a designated agent, the representative of the automobile auction industry, and the pawnbroker. All powers and duties relating to used car dealers which are not specifically reserved to the board shall be assigned to the used car division. The used car division shall elect one of its members to serve as chairperson of the division for a period of one year. (3) The members of the used parts division shall be the third member from the public at large, the state revenue commissioner of motor vehicle safety 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.

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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 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 state revenue commissioner of motor vehicle safety, 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."
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 state revenue commissioner of motor vehicle safety 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

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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 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,

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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 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

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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 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

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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 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 state revenue commissioner of motor vehicle safety, register and identify any of its vehicles, and become subject to the state revenue commissioners liability insurance and vehicle safety rules;" "(11) 'Permit' means a registration permit issued by the commissioner of motor vehicle safety state revenue commissioner 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 state revenue commissioner of motor vehicle safety 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

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the transportation of passengers or property, or any combination thereof, determined by the Department of Motor Vehicle Safety state revenue commissioner."
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 46-712.1 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

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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 state revenue commissioner 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 state revenue commissioner shall determine and fix the amounts of such indemnity insurance and shall prescribe the provisions and limitations thereof. The insurer shall file such certificate. The failure to file any form required by the state revenue commissioner shall not diminish the rights of any person to pursue an action directly against a motor common or motor contract carriers insurer. (b) The state revenue commissioner 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

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vehicle on or over any public highway of this state, it shall first secure a registration permit from the state revenue commissioner by making application therefor on forms supplied by the state revenue 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 state revenue commissioner on a form provided by the state revenue 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 state revenue commissioner 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 state revenue commissioner may by rule or regulation prescribe, and shall pay to the state revenue 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 state revenue commissioner of a fee of $8.00 for each vehicle so registered. Upon such registration, the state revenue commissioner shall issue an emergency, temporary, or trip-lease vehicle registration permit. (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 state revenue commissioner by making application therefor on forms supplied by the state revenue commissioner and paying the required a $50.00 filing fee. The

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application shall be in writing and under oath and shall include such information as the state revenue commissioner 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 state revenue commissioner. (b) The state revenue commissioner 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 state revenue commissioner 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 state revenue commissioner 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 state revenue 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. (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 state revenue commissioner 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 state revenue commissioner by making application therefor on forms supplied by the state revenue 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 state revenue commissioner on forms supplied by the state revenue commissioner and payment of a $5.00 filing fee;

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(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 state revenue commissioner 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 state revenue commissioner may by rule or regulation prescribe, and shall pay to the state revenue 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 state revenue commissioner 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 state revenue commissioner of a fee of $8.00 for each vehicle so registered; and upon such payment, the state revenue commissioner shall issue an emergency, temporary, or trip-lease vehicle registration permit. (d) Where a carrier has not previously qualified with the state revenue commissioner 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 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 trip-lease vehicle registration permit, provided that the carrier has otherwise qualified its operations with the state revenue 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 state revenue commissioner when such carrier is engaged solely in interstate commerce

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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 state revenue commissioner. Upon failure of any nonresident motor carrier to file such designation with the state revenue commissioner or to maintain such an agent in this state at the address given, such nonresident carrier shall be conclusively deemed to have designated the Secretary of State and his or her successors in office as such agent; and service of process upon or acceptance or acknowledgment of such service by the Secretary of State shall have the same legal force and validity as if duly served upon such nonresident carrier personally, provided that notice of such service and a copy of the process are immediately sent by registered or certified mail or statutory overnight delivery 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 state revenue commissioner, may be brought 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

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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 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; (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 the safe operation of motor vehicles and drivers and the safe transportation of 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

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driver and motor carrier safety and transportation of hazardous materials. Except as may be hereafter authorized by law, the maximum amount of any such monetary penalty shall not exceed the maximum penalty authorized by law or rule or regulation for the same violation immediately prior to July 1, 2005."
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 Revenue 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 Revenue, 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:
"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

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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. (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

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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 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:

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(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 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

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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.
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

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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.
(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

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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, such local tax official shall be required to obtain special training and instruction from the Department of Motor Vehicle Safety 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, the Georgia Association of Tax Officials, or other similarly qualified organization of affiliated tax officials, or certain

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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, 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 state revenue commissioner 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 are state revenue commissioner is 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. 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 are is 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.

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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 state revenue commissioner of motor vehicle safety 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 Revenue, except vehicles that are defined as 'low-speed vehicles' in paragraph (25.1) of Code Section 40-1-1."
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.

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(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;".
PART XXX Amendments to Title 50.
State government. SECTION 30-1.
Title 50 of the Official Code of Georgia Annotated, relating to state government, 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."
SECTION 30-2. Said Title 50 is further amended in Code Section 50-18-72, relating to government records for which public disclosure is not required, by striking paragraph (4.1) of subsection (a) and inserting in its place a new paragraph to read as follows:

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"(4.1) Individual Georgia Uniform Motor Vehicle Accident Reports, except upon the submission of a written statement of need by the requesting party, such statement to be provided to the custodian of records and to set forth the need for the report pursuant to this Code section; provided, however, that any person or entity whose name or identifying information is contained in a Georgia Uniform Motor Vehicle Accident Report shall be entitled, either personally or through a lawyer or other representative, to receive a copy of such report; and provided, further, that Georgia Uniform Motor Vehicle Accident Reports shall not be available in bulk for inspection or copying by any person absent a written statement showing the need for each such report pursuant to the requirements of this Code section. For the purposes of this subsection, the term 'need' means that the natural person or legal entity who is requesting in person or by representative to inspect or copy the Georgia Uniform Motor Vehicle Accident Report:
(A) Has a personal, professional, or business connection with a party to the accident; (B) Owns or leases an interest in property allegedly or actually damaged in the accident; (C) Was allegedly or actually injured by the accident; (D) Was a witness to the accident; (E) Is the actual or alleged insurer of a party to the accident or of property actually or allegedly damaged by the accident; (F) Is a prosecutor or a publicly employed law enforcement officer; (G) Is alleged to be liable to another party as a result of the accident; (H) Is an attorney stating that he or she needs the requested reports as part of a criminal case, or an investigation of a potential claim involving contentions that a roadway, railroad crossing, or intersection is unsafe; (I) Is gathering information as a representative of a news media organization; or (J) Is conducting research in the public interest for such purposes as accident prevention, prevention of injuries or damages in accidents, determination of fault in an accident or accidents, or other similar purposes; provided, however, this subparagraph will apply only to accident reports on accidents that occurred more than 30 days prior to the request and which shall have the name, street address, telephone number, and drivers license number redacted; or (K) Is a governmental official, entity, or agency, or an authorized agent thereof, requesting reports for the purpose of carrying out governmental functions or legitimate governmental duties;"
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,

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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 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 paragraph (2) of subsection (b) of Code Section 40-16-3 shall become effective upon the approval of

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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.
The following amendment was read:
Representatives Powell of the 29th and Bearden of the 68th move to amend the Senate substitute to HB 501 by striking all matter beginning with line 3 of page 1 through the end of the document and inserting in lieu thereof the following:
"revise and modernize drivers licensure practices; to change provisions relating to fees for issuance of drivers record information and the manner of issuance of such information; to change provisions relating to the period of time for which licenses shall be issued and the fees for licenses; to change provisions relating to the types of examinations required for issuance of a license under certain circumstances; to provide for the Department of Motor Vehicle Safety to contract with driver training schools for certain examination and license issuance functions; to provide for the locations at which the department may perform certain functions; to provide for electronic signatures of license applications under certain circumstances; to require courts having jurisdiction over traffic offenses to transmit conviction information to the department electronically; to eliminate reexamination for reinstatement of suspended young drivers licenses under certain circumstances; to provide for the method of determination of the age of young drivers for certain license suspension purposes; to change provisions relating to the period of time for which identification cards shall be issued and the fees for identification cards; to provide for transfer to the Department of Motor Vehicle Safety of certain functions relating to DUI Alcohol or Drug Use Risk Reduction Programs; to provide for other related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 3-3-23.1 of the Official Code of Georgia Annotated, 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 Motor Vehicle Safety 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

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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 within ten days after conviction or sentencing.'
SECTION 2. Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to prohibited unfair or deceptive practices in consumer transactions, is amended 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 Motor Vehicle Safety 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 Motor Vehicle Safety shall retain primary jurisdiction over such complaints;'.
SECTION 3. 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), (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 Motor Vehicle Safety which are used to screen for the extent of an individuals alcohol or drug use and its impact on driving.' '(9) "DUI Alcohol or Drug Use Risk Reduction Program" means a program certified by the Department of Human Resources Motor Vehicle Safety 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 approved and certified by the Department of Human Resources Motor Vehicle Safety for the DUI Alcohol or Drug Use Risk Reduction Programs under subsection (e) of Code Section 40-5-83.'
SECTION 4. 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:

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'(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 5. 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 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 6. 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.

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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 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 7. 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 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 licenses ..........................................................................................................

15.00 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

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(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 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.

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(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 registry accessible to organ tissue and eye banks authorized to function as such in this state and shall not be further disseminated.'
SECTION 8. 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.

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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 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 9. 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

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3815

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 may 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, if they so agree, as agents of the department for this purpose and may authorize the issuance of drivers licenses by county tag agents. No county tag agent shall be required to issue or renew drivers licenses unless such county tag agent agrees in writing to perform such functions. No county tag agent shall be required to issue or renew drivers licenses for residents of any county other than the residents of the county for which he or she serves as tax commissioner.'
SECTION 10. 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 11. 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:
'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

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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 applying for renewal of a drivers license to take and pass successfully such test of his or her eyesight as the department shall prescribe or provide a certification from a licensed optometrist of the results of the optometrists examination of the applicants eyesight, 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 12. 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. 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 may determine the locations at which applications shall be accepted for applications due to change of name or address. Without limiting the generality of the foregoing, it is specifically provided that the commissioner may designate county tag agents, if they so agree, as agents of the department for this purpose.'

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SECTION 13. 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 14. 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:
(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.

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(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 15. 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 16. 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:
(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 unless such conviction was a recidivist conviction in which case the restoration fee shall be $510.00 or $500.00 when such reinstatement is processed by mail, provided

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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 such reinstatement is processed by mail unless such conviction was a recidivist conviction in which case the restoration fee shall be $510.00 or $500.00 when processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving program approved by the department or a DUI Alcohol or Drug Use Risk Reduction Program 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

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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 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.

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(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. 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 a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail unless such conviction was a recidivist conviction in which case the restoration fee shall be $510.00 or $500.00 when processed by mail. 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.

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(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 such reinstatement is processed by mail unless such conviction was a recidivist conviction in which case the restoration fee shall be $510.00 or $500.00 when processed by mail. 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 18. 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 a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail unless such conviction was a recidivist conviction in which case the restoration fee shall be $510.00 or $500.00 when such reinstatement is processed by mail. For purposes of

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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 a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail unless such conviction was a recidivist conviction in which case the restoration fee shall be $510.00 or $500.00 when 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 19. 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, 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

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safety and DUI Alcohol or Drug Use Risk Reduction Programs established by the 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 20. 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 21. 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. The provision of assessments to the Department of Human Resources shall be according to an interagency agreement between the Department of Motor Vehicle Safety 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 22. 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 Motor Vehicle Safety. 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 23. 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 24. 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 to exempt said classes.'
SECTION 25. 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 26. 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.'
SECTION 27. Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to rules of the road, is 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 Motor Vehicle Safety. 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 Motor Vehicle Safety. 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 Motor Vehicle Safety. The sponsor of any such program shall provide written notice of such approval to the person upon enrollment in the program; and'
SECTION 28. 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 Motor Vehicle Safety.'
SECTION 29. 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 Motor Vehicle Safety.'
SECTION 30. 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 Risk Reduction Program approved by the Department of Human Resources Motor Vehicle Safety. An operators privilege suspended pursuant to Code Section 52-7-

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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 Motor Vehicle Safety; (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 Motor Vehicle Safety. 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 Motor Vehicle Safety; 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 Motor Vehicle Safety.'

SECTION 31. All laws and parts of laws in conflict with this Act are repealed."
Representative Powell of the 29th moved that the House agree to the Senate substitute, as amended by the House, to HB 501.

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

Abdul-Salaam N Amerson E Anderson Y Ashe N Barnard Y Barnes Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bordeaux Y Borders N Bridges Y Brooks N Brown

N Crawford Y Cummings N Davis N Day Y Dean N Dickson
Dodson Y Dollar E 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 Y Howard N Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson N Jenkins N Jennings Y Johnson N Jones, J Y Jones, S

N Maxwell N May Y McCall Y McClinton N Meadows N Millar N Miller N Mills
Mitchell Y Morgan Y Morris Y Mosby N Mosley N Mumford N Murphy, J Y Murphy, Q

Y Sailor N Scheid N Scott, A N Scott, M N Setzler Y Shaw N Sheldon N Sims, C Y Sims, F Y Sinkfield E Smith, B N Smith, L Y Smith, P N Smith, R N Smith, T N Smith, V

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Bruce Y Bryant Y Buckner, D Y Buckner, G N Burkhalter E 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

Y Fludd N Forster N Franklin N Freeman Y Gardner N Geisinger N Golick N Graves, D N Graves, T
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 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 Y Lucas N Lunsford N Maddox Y Mangham N Manning Y Marin N Martin

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

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 Y Wix N Yates
Richardson, Speaker

On the motion, the ayes were 72, nays 95.

The motion was lost.

Representative Scott of the 153rd moved that the House agree to the Senate substitute to HB 501.

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

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

Y Crawford N Cummings Y Davis Y Day N Dean Y Dickson
Dodson N Dollar E 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

N Holmes Y Holt Y Horne Y Houston N Howard Y 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 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 N Oliver Y O'Neal N Orrock
Parham N Parrish

N Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler N Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield E 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

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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 Golick Y Graves, D Y Graves, T Y 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

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

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 96, nays 73.

The motion prevailed.

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 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 following Senate substitute was read:

A BILL

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 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 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 provide for requirements and

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limitations with respect thereto; 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 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, is amended by striking in its entirety subparagraph (D) of paragraph (1) of subsection (a) and inserting in lieu thereof the following:
"(D) Except as provided in paragraphs (2.1), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), and (5.2), and (5.3) of this subsection, no tax levied pursuant to this Code section shall be levied or collected at a rate exceeding 3 percent of the charge to the public for the furnishings."
SECTION 2. Said Code section is further amended by striking in its entirety paragraph (2) of subsection (a) and inserting in lieu thereof the following:
"(2) A county or municipality levying a tax as provided in paragraph (1) of this subsection shall in each fiscal year beginning on or after July 1, 1987, expend for the purpose of promoting tourism, conventions, and trade shows a percentage of the total taxes collected under this Code section which is not less than the percentage of such tax collections expended for such purposes during the immediately preceding fiscal year. In addition, if during such immediately preceding fiscal year any portion of such tax receipts was expended for such purposes through a grant to or a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organization, then in each fiscal year beginning on or after July 1, 1987, at least the same percentage shall be expended through a contract or contracts with one or more such entities for the purpose of promoting tourism, conventions, and trade shows. The expenditure requirements of this paragraph shall cease to apply to a county or municipality which levies a tax at a rate in excess of 3 percent, as authorized under paragraphs (2.1), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), and (5.2), and (5.3) of this subsection; and in such case the expenditure requirements of such paragraph of this subsection pursuant to which such tax is levied shall apply instead."
SECTION 3. Said Code section is further amended by striking paragraph (4) of subsection (a) and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 6 percent. A county or municipality

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levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 43 1/3 percent of the total taxes collected at the rate of 6 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded prior to July 1, 1990, in whole or in part by a grant of state funds or is funded on or after July 1, 1990, in whole or substantially by an appropriation of state funds; (E) supporting a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of this title, as amended, and such facility was substantially completed and in operation prior to December 31, 1993; or (F) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purposes (C) and (D) may be so expended in any otherwise lawful manner. In addition to the amounts required to be expended above, a county or municipality levying a tax pursuant to this paragraph (4) shall further expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 1 percent of the total taxes collected at the rate of 6 percent for the purpose of supporting a museum of aviation and aviation hall of fame or an amount equal to at least 16 2/3 percent of the total taxes collected at the rate of 6 percent for the purpose of construction or expansion of either: (A) a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (B) a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if such support is provided to a governmental entity with which the county or municipality levying the tax had in effect on January 1, 1987, a contractual agreement concerning governmental support of a convention and trade show facility; (C) a facility owned or operated for convention and trade show purposes, visitor welcome center purposes, or any other similar or related purposes by a convention and visitors bureau authority created by local Act of the General Assembly for a municipality; (D) a facility owned or operated for convention and trade show purposes or any other similar or related

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purposes by a coliseum and exhibit hall authority created by local Act of the General Assembly for a county and one or more municipalities therein; (E) a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of this title, as amended, and such facility was substantially completed and in operation prior to December 31, 1993; (F) a system of bicycle or pedestrian trails or walkways or both connecting a historic district within the levying county or municipality and surrounding areas (and with respect to this purpose (F) construction and expansion shall include acquisition and development), if not later than December 1, 1993, the county or municipality has adopted ordinances, resolutions, or contracts which: (i) designate such historic district; (ii) obligate the county or municipality to provide funds to promote tourism to a historic district owners and business association which qualifies as a private sector nonprofit organization under subparagraph (a)(8)(A) of this Code section and Section 501(c)(6) of the Internal Revenue Code; (iii) provide a 'comprehensive plan' as provided for in Chapters 70 and 71 of Title 36; (iv) provide a transportation plan as a component of such comprehensive plan; and (v) provide a recreation plan which is designed to identify recreation needs through the year 2000 and which includes provisions for such system of trails or walkways or both; provided that the authority to expend funds for such system of trails or walkways or both shall expire when all capital costs of the initial acquisition, construction, and development of such system as identified in the relevant plan have been paid and in no event later than July 1, 2002. Amounts so expended to meet such 16 2/3 percent expenditure requirement shall not be subject to the foregoing provisions of this paragraph requiring expenditure through a contract or contracts with certain entities; or (G) a system of bicycle or pedestrian greenways, trails, walkways, or any combination thereof connecting a downtown historic or business district within the levying county or municipality and surrounding areas (and with respect to this purpose (G) construction and expansion shall include acquisition and development), if not later than December 1, 2000, the county or municipality has adopted ordinances, resolutions, or contracts which: (i) designate such historic or downtown business district; (ii) obligate the county or municipality to provide funds to promote tourism to a downtown business district owners and business association or chamber of commerce which qualify as private sector nonprofit organizations under subparagraph (a)(8)(A) of this Code section and Section 501(c)(6) of the Internal Revenue Code; (iii) provide a 'comprehensive plan' as provided for in Chapters 70 and 71 of Title 36; (iv) provide a transportation plan as a component of such comprehensive plan; and (v) provide a recreation plan as a component of such comprehensive plan which includes provisions for such system of trails or walkways or both; provided that the authority to expend funds for such system of trails or walkways or both shall expire when all capital costs of the initial acquisition, construction, and development of such system as identified in the relevant plan have been paid and in no event later than July 1,

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2005 2025. Amounts so expended to meet such 16 2/3 percent expenditure requirement shall not be subject to the foregoing provisions of this paragraph requiring expenditure through a contract or contracts with certain entities."
SECTION 4. Said Code section is further amended by inserting following paragraph (5.2) of subsection (b) a new paragraph to read as follows:
"(5.3)(A) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) and municipalities within such a county in which a convention and visitors bureau authority has been created by local Act of the General Assembly and which was in existence on July 1, 2005, may levy a tax under this Code section at a rate of 5 percent. (B) The provisions of paragraph (2) of subsection (a) of this Code section relating to expenditures shall apply to this paragraph; provided, however, that a county or municipality levying a tax pursuant to this paragraph shall be authorized, but not required, to expend funds through a convention and visitor's bureau authority created by local Act of the General Assembly."
SECTION 4A. Said article is further amended by striking paragraph (6) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in its place a new paragraph (6) to read as follows:
"(6) At no time shall a county or municipality levy a tax under more than one paragraph of this subsection. Following the termination of a tax under paragraph (2.1), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2), or (5.3) of this subsection, any county or municipality which has levied a tax pursuant to paragraph (2.1), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2), or (5.3) of this subsection shall be authorized to levy a tax in the manner and at the rate authorized by either paragraph (1), paragraph (3), or paragraph (4) of this subsection but shall not thereafter be authorized to again levy a tax under paragraph (2.1), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2), or (5.3) of this subsection."
SECTION 4B. Said article is further amended by striking paragraphs (9) and (10) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in their places new paragraphs (9) and (10) to read as follows:
"(9)(A) A county or municipality imposing a tax under paragraph (1), (2), (2.1), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2), or (5.3) of this subsection shall prior to the imposition of the tax (if the tax is imposed on or after July 1, 1990) and prior to each fiscal year

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thereafter in which the tax is imposed adopt a budget plan specifying how the expenditure requirements of this Code section will be met. Prior to the adoption of such budget plan, the county or municipality shall obtain from the authorized entity with which it proposes to contract to meet the expenditure requirements of this Code section a budget for expenditures to be made by such organization; and such budget shall be made a part of the county or municipal budget plan. (B) The determination as to whether a county or municipality has complied with the expenditure requirements of paragraph (2), (2.1), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2), or (5.3) of this subsection shall be made for each fiscal year beginning on or after July 1, 1987, as of the end of each fiscal year, shall be prominently reflected in the audit required under Code Section 36-81-7, and shall be determined by: (i) calculating the amount of funds expended or contractually committed for expenditure as provided in paragraph (2), (2.1), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2), or (5.3) of this subsection, whichever is applicable, during the fiscal year; and (ii) expressing such amount as a percentage of tax receipts under this Code section during such fiscal year. A county or municipality contractually expending funds to meet the expenditure requirements of paragraph (2), (2.1), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2), or (5.3) of this subsection shall require the contracting party to provide audit verification that the contracting party makes use of such funds in conformity with the requirements of this subsection. (10) Nothing in this article shall be construed to limit the power of a county or municipality to expend more than the required amounts, or all, of the total taxes collected under this Code section for the purposes described in paragraph (2), (2.1), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2), or (5.3) of this subsection."
SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Representative Geisinger of the 48th moved that the House disagree to the Senate substitute to HB 374.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

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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.
Representative Harbin of the 118th moved that the House insist on its position in disagreeing to the Senate substitute to HB 509 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 Harbin of the 118th, Golick of the 34th and Graves of the 12th.
The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:
SB 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,

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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.
Representative Brown of the 69th moved that the House adhere to its position in insisting on its substitute to SB 140 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 Brown of the 69th, Ehrhart of the 36th and Stephens of the 164th.
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 876. By Representative Davis of the 109th:
A BILL to be entitled an Act to create the Henry County Governmental Services Authority; to provide for a short title; to provide for the appointment of members of the authority; to confer powers upon the authority including the power to acquire, lease, construct, install, maintain, and equip certain public service facilities within the limits of Henry County, Georgia; to authorize the issuance of revenue bonds of the authority from the revenues, tolls, fees, charges and earnings, of the authority, contract payments to the authority and from other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, earnings, and contract payments of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To create the Henry County Governmental Services Authority; to provide for a short title; to provide for the appointment of members of the authority; to confer powers upon the authority including the power to acquire, lease, construct, install, maintain, and equip certain road, street, and bridge projects within the limits of Henry County, Georgia; to

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authorize the issuance of revenue bonds of the authority from the revenues, tolls, fees, charges and earnings, of the authority, contract payments to the authority and from other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, earnings, and contract payments of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; to make the revenue bonds of the authority exempt from taxation; to make the property of the authority exempt from taxation; to fix and provide the venue and jurisdiction of actions relating to the provisions of this Act; to provide for the validation of bonds; to provide for other related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Short title.
This Act shall be known and may be cited as the "Henry County Governmental Services Authority Act."
SECTION 2. Henry County Governmental Services Authority.
(a) There is hereby created a public body corporate and politic to be known as the "Henry County Governmental Services Authority," which shall be deemed to be a political subdivision of the State of Georgia and a public corporation, and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall not be a state institution nor a department or agency of the State of Georgia and is exempt from the provisions of Article 2 of Chapter 17 of Title 50 of the O.C.G.A., the "Georgia State Financing and Investment Commission Act." The authority is granted the same exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the authority as provided under the provisions of this Act. The authority shall make its own rules and regulations and shall have perpetual existence. (b) The authority shall consist of six members who shall be the then sitting members of the Board of Commissioners of Henry County. (c) The members of the authority will not be compensated for their services. (d) The members of the authority shall elect one of their number as chairperson and another as vice chairperson. The members of the authority shall also elect a secretary and an assistant secretary, who need not be a member of the authority, and may also elect a treasurer, who need not be a member of the authority. The secretary may also serve as treasurer. If the secretary or treasurer are not members of the authority, such officers shall

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have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. (e) Four members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority.
SECTION 3. Definitions.
As used in this Act, the term: (1) "Authority" means the Henry County Governmental Services Authority created by this Act. (2) "Costs of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, easements, franchises, permits, approvals, licenses, certificates, and water rights acquired; the cost of all machinery, fuel, supplies, and equipment; financing charges; interest prior to and during construction and for 18 months after completion of construction; working capital, insurance premiums, the fees and expenses of engineers, architects, planners, contractors, marketing agents, fiscal agents, trustees, attorneys, financial advisors, consultants, underwriters, investment bankers, plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incident to the financing authorized in this Act; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project. There may also be included as part of such cost of project the creation of a debt service reserve, a renewal and replacement reserve and such other reserves as may be reasonable required by the authority with respect to the financing and operation of its projects and as may be authorized by any bond resolution or trust agreement. (3) "Project" means only roads, streets, and bridges necessary or convenient for efficient surface transportation in Henry County, Georgia, and any other political subdivision of the State of Georgia located within Henry County, Georgia. (4) "Revenue Bond Law" means the Revenue Bond Law of the State of Georgia, codified at O.C.G.A. Section 36-82-62 et seq., as amended, or any other similar law hereinafter enacted. (5) "Revenue bonds" means revenue bonds authorized to be issued pursuant to this Act. (6) "Self-liquidating" means any project from which the revenues and earnings to be derived by the authority therefrom, including but not limited to any contractual payments with governmental or private entities, and all properties used, leased, and sold in connection therewith, together with any grants, will be sufficient to pay the costs of operating, maintaining, and repairing the project and to pay the principal and interest on the revenue bonds or other obligations which may be issued for the purpose of paying the costs of the project.

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(7) "State" means the State of Georgia.
SECTION 4. Powers.
The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, condemnation, or otherwise and to hold, operate, maintain, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, or rights or easements therein, or franchises necessary or convenient for its corporate purposes; to use the same so long as its corporate existence shall continue; to lease or make contracts with respect to the use of the same; or to dispose of the same in any manner it deems to the best advantage of the authority. The authority shall be under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act. In any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned. No property shall be acquired under the provisions of this Act upon which any lien or encumbrance exists, unless, at the time such property is so acquired, a sufficient sum of money is to be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To appoint, select, and employ officers, agents, and employees of every kind, including, but not limited to, engineering, architectural, interior design and construction experts, fiscal agents, underwriters, investment bankers, attorneys, developers, and consultants, and to fix their respective compensations; provided, however, that the authority shall not employ the services of or authorize compensation for any attorney or law firm who or which is also employed or retained by Henry County or any other political subdivision located in Henry County; (5) To execute contracts, leases, agreements, and instruments necessary or convenient in connection with the acquisition, construction, development, addition, extension, improvement, equipping, operation, financing, or maintenance of a project; and any and all persons, firms, corporations, the state, agencies of the state, Henry County, Georgia, and any other political subdivision or municipality of the state located in Henry County, Georgia, are hereby authorized to enter into contracts, leases, agreements, or instruments with the authority upon such terms and for such purposes as they deem advisable and as they are authorized to enter into by law; (6) To acquire, construct, add to, extend, improve, equip, operate, maintain, lease, sell, grant, exchange, and dispose of projects; (7) To pay the costs of the project with the proceeds of revenue bonds or other obligations issued by the authority or from any grant or contribution from the United

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States or any agency or instrumentality thereof or from this state or any agency or instrumentality or other political subdivision thereof or from any other source whatsoever; (8) To accept loans or grants of money or materials or property of any kind from the United States or any agency or instrumentality thereof, upon such terms and conditions as the United States or such agency or instrumentality may require; (9) To accept loans or grants of money or materials or property of any kind from this state or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as this state or such agency or instrumentality or political subdivision may require; (10) To borrow money for any of its corporate purposes, to issue revenue bonds and bond anticipation notes, and to provide for the payment of the same and for the rights of the holders thereof; (11) To exercise any power usually possessed by private corporations performing similar functions, including the power to incur short-term debt and to approve, execute, and deliver appropriate evidence of any such indebtedness; (12) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the laws of the state or the Constitution; and (13) To do all things necessary or convenient to carry out the powers expressly given in this Act.
SECTION 5. Revenue bonds.
(a) The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, shall have power and is authorized to provide by resolution for the issuance of revenue bonds and bond anticipation notes of the authority for the purpose of paying all or any part of the costs of the project. The principal of and interest on such revenue bonds shall be payable solely from the special fund hereby provided for such payment. The revenue bonds of each issue shall be dated, shall bear interest at such rate or rates per annum payable at such time or times, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of such revenue bonds. All revenue bonds issued under this Act are declared to be issued for an essential public and governmental purpose and said bonds and the income thereof shall be exempt from all taxation with the state. (b) Where a project is the subject of a contract with a local government and the county funds all or part of its obligations under the contract through a special purpose local option sales tax, any revenue bonds issued for the purpose of funding such project shall mature no later than the date on which the special purpose local options sales tax will

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terminate. In any other case the term of revenue bonds issued by the authority shall not exceed one year.
SECTION 6. Same; form; denomination; registration; place of payment.
The authority shall determine the form of the revenue bonds and shall fix the denomination or denominations of the revenue bonds. The revenue bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for registration and exchangeability privileges. The authority shall fix the place or places of payment of principal and interest thereon.
SECTION 7. Same; signatures; seal.
All such revenue bonds shall bear the manual or facsimile signature of the chairperson or vice chairperson of the authority and the attesting manual or facsimile signature of the secretary, assistant secretary, or secretary-treasurer of the authority, and the official seal of the authority shall be impressed or imprinted thereon. Any coupons attached thereto shall bear the manual or facsimile signatures of the chairperson or vice chairperson and the secretary, assistant secretary, or secretary-treasurer of the authority. Any revenue bonds or coupons attached thereto may bear the manual or facsimile signatures of such persons as at the actual time of the execution of such revenue bonds or coupons shall be duly authorized or hold the proper office, although at the date of issuance of such revenue bonds such person may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any revenue bond or any coupon shall cease to be such officer before the delivery of such revenue bond, such signature shall nevertheless be valid and sufficient for all purposes in the same manner as if that person had remained in office until such delivery.
SECTION 8. Same; negotiability; exemption from taxation.
All revenue bonds shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of this state. All revenue bonds and their transfer and the income therefrom shall be exempt from all taxation within this state.
SECTION 9. Same; sale; price; proceeds.
The authority may sell revenue bonds in such manner and for such price as it may determine to be in the best interest of the authority. The proceeds derived from the sale of

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revenue bonds shall be used solely for the purpose and purposes provided in the resolutions and proceedings authorizing the issuance of such revenue bonds.
SECTION 10. Same; interim receipts and certificates
or temporary bonds.
Prior to the preparation of any definitive revenue bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, bond anticipation notes or temporary revenue bonds, with or without coupons, exchangeable for definitive revenue bonds upon the issuance of the latter.
SECTION 11. Same; replacement of lost or mutilated bonds.
The authority may provide for the replacement of any revenue bonds or coupons which shall become mutilated or be destroyed or lost.
SECTION 12. Same; conditions precedent to issuance.
The authority shall adopt a resolution authorizing the issuance of the revenue bonds. In the resolution, the authority shall determine that the project financed with the proceeds of the revenue bonds is self-liquidating. Revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members.
SECTION 13. Same; investment of bond proceeds and other moneys.
The authority shall invest the proceeds of any its bonds, notes, or other obligations and any other moneys of the authority in the following investments and no others:
(1) Bonds or obligations of the state or other counties, municipal corporations, and political subdivisions of the state; (2) Bonds or other obligations of the United States or of subsidiary corporations of the United States government which are fully or partially guaranteed by such government;

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(3) Obligations of agencies of the United States government issued by the Federal Land Bank, the Federal Home Loan Bank, the Federal Intermediate Credit Bank, and the Central Bank for Cooperatives; (4) Bonds or other obligations issued by any public housing agency or municipal corporation in the United States, which such bonds or obligations are fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States government, or project notes issued by any public housing agency, urban renewal agency, or municipal corporation in the United States which are fully secured as to payment of both principal and interest by a requisition, loan, or payment agreement with the United States government; (5) Certificates of deposit of national or state banks located within the state which have deposits insured by the Federal Deposit Insurance Corporation and certificates of deposit of federal savings and loan associations and state building and loan or savings and loan associations located within the state which have deposits insured by the Savings Association Insurance Fund of the Federal Deposit Insurance Corporation or the Georgia Credit Union Deposit Insurance Corporation, including the certificates of deposit of any bank, savings and loan association, or building and loan association acting as depository, custodian, or paying agent for any such bond proceeds, provided the portion of the certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation, the Savings Association Insurance Fund of the Federal Deposit Insurance Corporation, or the Georgia Credit Union Deposit Insurance Corporation, if any, must be secured by deposit, with the Federal Reserve Bank of Atlanta, Georgia, or with any national or state bank or federal savings and loan association or state building and loan or savings and loan association located within the state, of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess: direct and general obligations of the state or of any county or municipal corporation in the state, obligations of the United States or subsidiary corporations described in paragraph (3) of this section, obligations of the agencies of the United States government described in paragraph (4) of this section, or bonds, obligations, or project notes of public housing agencies, urban renewal agencies, or municipalities described in paragraph (5) of this section; (6) Repurchase agreements with banks, savings and loan associations, and trust companies which are fully secured by obligations of the type specified in paragraph (1), (2), (3), or (4) of this section and which are rated "A2" or higher by Moodys Investors Service, Inc.; and (7) Securities of or other interests in any no-load, open-end management type investment company or investment trust registered under the Investment Company Act of 1940, as from time to time amended, or any common trust fund maintained by any bank or trust company which holds such proceeds as paying agent or by an affiliate thereof so long as:

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(A) The portfolio of such investment company or investment trust or common trust fund is limited to the obligations described in paragraph (3) of this section and repurchase agreements fully collateralized by any such obligations; (B) Such investment company or investment trust or common trust fund takes delivery of such collateral either directly or through an authorized custodian; (C) Such investment company or investment trust or common trust fund is managed so as to maintain its shares at a constant net asset value; and (D) Securities of or other interests in such investment company or investment trust or common trust fund are purchased and redeemed only through the use of national or state banks having corporate trust powers and located within the state.
SECTION 14. Credit not pledged.
Revenue bonds of the authority shall not be deemed to constitute a debt of Henry County, Georgia, nor a pledge of the faith and credit of said county, or any other political subdivision within Henry County, but such revenue bonds shall be payable solely from the fund hereinafter provided for. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said county to levy or to pledge any form of taxation whatsoever for payment of such revenue bonds or to make any appropriation for their payment, and all such revenue bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Notwithstanding the foregoing provisions, this Act shall not affect the ability of the authority and said county to enter into an intergovernmental contract pursuant to which said county agrees to pay amounts sufficient to pay operating charges and other costs of the authority or any project including, without limitation, the principal of and interest on revenue bonds in consideration for services or facilities of the authority.
SECTION 15. Trust indenture as security.
In the discretion of the authority, any issuance of revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without this state. Either the resolution providing for the issuance of the revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition and construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all moneys.
SECTION 16. To whom proceeds of bonds shall be paid.

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In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the revenue bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes thereof, subject to such regulations as this Act and such resolution or trust indenture may provide.
SECTION 17. Sinking fund.
The moneys received pursuant to an intergovernmental contract and the revenues, fees, tolls, fines, charges, and earnings derived from any particular project or projects, regardless of whether or not such revenues, fees, tolls, fines, charges, and earnings were produced by a particular project for which revenue bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the revenue bonds or the trust indenture may provide. Such funds so pledged from whatever source received shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which sinking fund shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as the same shall fall due; (2) The principal or purchase price of such revenue bonds as the same shall fall due; (3) Any premium upon such revenue bonds as the same shall fall due; (4) The purchase of such revenue bonds in the open market; and (5) The necessary charges of the paying agent for paying principal and interest. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another.
SECTION 18. Remedies of bondholders.
Any holder of revenue bonds or any of the coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights given in this Act, may be restricted by resolution passed before the issuance of the revenue bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of this state, including specifically but without limitation, the Revenue Bond Law, or granted under this Act or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of

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revenues, fees, tolls, fines, and other charges for the use of the facilities and services furnished.
SECTION 19. Validation.
Revenue bonds and the security therefor shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law. The petition for validation shall also make party defendant to such action the state and any institution, department, or other agency of this state, and any county, municipality, school district, or other political subdivision or authority of this state which has contracted with the authority for services or facilities relating to the project for which revenue bonds are to be issued and sought to be validated. Such defendant shall be required to show cause, if any exists, why such contract or contracts shall not be adjudicated as a part of the basis for the security for the payment of any such revenue bonds. The revenue bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such revenue bonds and the security for the payment thereof and interest thereon and against the authority and all other defendants.
SECTION 20. Venue and jurisdiction.
Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Henry County, Georgia, and any action pertaining to validation of any revenue bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.
SECTION 21. Interest of bondholders protected.
While any of the revenue bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such revenue bonds, and no other entity, department, agency, or authority shall be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such revenue bonds nor shall the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such revenue bonds, and upon the issuance of such revenue bonds under the provisions of this Act, shall constitute a contract with the holders of such revenue bonds.
SECTION 22. Moneys received considered trust funds.

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All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
SECTION 23. Purpose of the authority.
Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of providing roads, streets, and bridges benefiting the residents of Henry County, Georgia.
SECTION 24. Rates, charges, and revenues; use.
The authority is hereby authorized to prescribe and fix rates and to revise same from time to time and to collect revenues, tolls, fees, and charges for the services, facilities, and commodities furnished, and in anticipation of the collection of the revenues, to issue revenue bonds or other types of obligations as provided in this Act to finance, in whole or in part, the costs of the project, and to pledge to the punctual payment of said revenue bonds or other obligations all or any part of the revenues.
SECTION 25. Rules, regulations, service policies, and procedures
for operation of projects.
It shall be the duty of the authority to prescribe rules, regulations, service policies, and procedures for the operation of any project or projects constructed or acquired under the provisions of this Act. The authority may adopt bylaws.
SECTION 26. Tort immunity.
To the extent permitted by law, the authority shall have the same immunity and exemption from liability for torts and negligence as Henry County, Georgia; and the officers, agents, and employees of the authority when in the performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of Henry County, Georgia, when in the performance of their public duties or work of the county.
SECTION 27. Effect on other governments.

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This Act shall not and does not in any way take from Henry County, Georgia, or any county or municipality the authority to own, operate, and maintain public facilities or to issue revenue bonds as provided by the Revenue Bond Law.
SECTION 28. Liberal construction of Act. This Act is for the welfare of the state, the various political subdivisions of the state, and its inhabitants and shall be liberally construed to effect the purposes hereof.
SECTION 29. General repealer.
All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
SB 219. By Senators Thompson of the 5th, Unterman of the 45th, Weber of the 40th, Henson of the 41st, Butler of the 55th and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Norcross, Georgia, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3729), so as to change the corporate limits of the City of Norcross; to 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 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 337. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to amend an Act to amend, consolidate, and supersede the several Acts incorporating the City of Colbert, approved February 14, 1950 (Ga. L. 1950, p. 2417), as amended, so as to extensively revise the city charter; 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 oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; 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 338. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, so as to provide that the solicitor-general of said court may employ such assistant solicitors-general, deputy solicitors-general, or other attorneys, investigators, paraprofessionals, clerical assistants, and other employees or independent contractors as may be authorized by the Board of Commissioners of Clayton County; to provide for compensation; to provide for qualifications; 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 339. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4327), so as to provide for an increase in the compensation of the clerk of the state court; to provide for 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 Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4327), so as to provide for an increase in the compensation of the clerk of the state court; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, is amended by striking Section 3 and inserting in lieu thereof the following:
"SECTION 3. Judges salaries.
Each judge of the State Court of Clayton County shall receive a salary equal to 90 percent of the state salary provided by general law for judges of the superior courts, plus 1 1/2 percent of such base salary and any supplement received pursuant to state law or county ordinance multiplied by the number of complete years of service as judge served by such person since January 1, 2005. Such longevity increase shall be calculated and payable in equal monthly installments by the board of commissioners out of the general funds of Clayton County. The governing authority of Clayton County shall be authorized to supplement such salary."
SECTION 2.

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Said Act is further amended by striking in its entirety Section 6 and inserting in lieu thereof the following:
"SECTION 6. Salary of the solicitor-general.
The solicitor-general of the State Court of Clayton County shall receive a salary equal to 70 percent of the salary provided by this Act for the judges of the State Court of Clayton County, not including any county supplements, plus 1 1/2 percent of such base salary and any supplement received pursuant to state law or county ordinance multiplied by the number of complete years of service as solicitor-general served by such person since January 1, 2005. Such longevity increase shall be calculated and payable in equal monthly installments by the board of commissioners out of the general funds of Clayton County. In addition, the solicitor-general shall receive a county supplement to such salary in the amount of $13,500.00 per annum paid on an equal monthly basis. Such amount shall be inclusive of any county supplement the solicitorgeneral was receiving on April 1, 2005, and may be increased by the county governing authority."
SECTION 3. Said Act is further amended by striking subsection (b) of Section 8 and inserting in its place the following:
"(b)(1) The clerk of the state court shall be compensated in the amount of $65,783.00 or in an amount not less than 95 percent of the base amount of the minimum salary of a clerk of the superior court of a county with the population of Clayton County as provided in subsection (a) of Code Section 15-6-88 of the O.C.G.A.without regard to cost-of-living or longevity increases, whichever is greater. The base salary of the clerk shall be increased at the same time and by the same percentage as the minimum salary provided by general law for the sheriff of Clayton County is increased by operation of paragraph (2) of subsection (a) of Code Section 15-16-20 of the O.C.G.A. The board of commissioners is authorized to supplement such compensation in such amount as shall be fixed by the board of commissioners. (2) The clerk of the state court shall be entitled to Clayton County retirement, insurance, annual leave, sick leave, and all other benefits afforded to Clayton County employees under the Clayton County Civil Service System Act, approved April 2, 1963 (Ga. L. 1963, p. 2747), as now or hereafter amended, except as to compensation, employment, and discharge."
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.

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The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
SB 345. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4338), so as to change the provisions relating to the salary of the tax commissioner; 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.
By unanimous consent, the following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
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 following Senate substitute was read:
A BILL
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. 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), is amended by striking Section 2 and inserting in lieu thereof a new Section 2 to read as follows:

"SECTION 2. (a) Effective January 1, 2006, each member of the Board of Education of Gwinnett County shall receive a salary equal in amount to the salary received by members of the General Assembly. (b) On and after January 1, 2006, the Gwinnett County Board of Education is authorized to fix the salary and compensation of the members of the Gwinnett County Board of Education subject to the following conditions:
(1) Any increase in salary or compensation for members of the Gwinnett County Board of Education shall not be effective until the first day of January of the year following the next general election held after the date on which the action to increase the compensation was taken; (2) The Gwinnett County Board of Education shall take no action to increase the salary or compensation of the members of the board 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 meeting at which the action is taken; and (3) Such action shall not be taken during the period of time beginning with the date that candidates for election as members of the Gwinnett County Board of Education may first qualify as such candidates and ending with the first day of January following the date of qualification. This subsection shall not affect the power of the General Assembly at any time to increase or decrease any or all of such compensation or to withdraw the authority otherwise granted under this subsection."

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.

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

On the passage of the Bills, and on the agreement to the Senate substitute, 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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E Anderson Y 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
Bruce Y Bryant Y Buckner, D
Buckner, G Y Burkhalter E 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
Cooper Y Cox

Y Davis Y Day
Dean Y Dickson
Dodson Dollar E 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 Y Henson Y Hill, C Y Hill, C.A

Y Horne Houston
Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs
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
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 E Martin

Y McCall Y McClinton Y Meadows Y Millar Y Miller Y Mills
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 Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall Y Ray Reece, B Reece, S Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders

Y Scott, A Scott, M
Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y 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 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 Bills, and on the agreement to the Senate substitute, the ayes were 152, nays 0.

The Bills, having received the requisite constitutional majority, were passed, and the House agreed to the Senate substitute.

The Speaker announced the House in recess until 8:45 o'clock this evening.

The Speaker called the House to order.

The following Resolutions of the House and Senate were read:

HR 856. By Representatives Day of the 163rd, Ralston of the 7th, Keen of the 179th, Harbin of the 118th, Jamieson of the 28th and others:

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A RESOLUTION designating the first week of April each year as "Living Will Week" in Georgia; and for other purposes.
HR 857. By Representative Parrish of the 156th:
A RESOLUTION recognizing and commending the culinary excellence of Chef Paul Andrew Albrecht and his many contributions to the City of Atlanta; and for other purposes.
HR 858. By Representative Warren of the 122nd:
A RESOLUTION commending the Richmond County Sheriff's Office; and for other purposes.
HR 859. By Representatives Reece of the 11th and Coleman of the 97th:
A RESOLUTION commending the Trion High School Debate Team; and for other purposes.
HR 860. By Representatives Reece of the 11th, Smith of the 13th and Coleman of the 97th:
A RESOLUTION commending Edward Hood Bonnyman; and for other purposes.
HR 861. By Representatives Reece of the 11th and Coleman of the 97th:
A RESOLUTION commending Benjamin Swords; and for other purposes.
HR 862. By Representatives Reece of the 11th and Coleman of the 97th:
A RESOLUTION commending the Trion High School Literary Team; and for other purposes.
HR 863. By Representatives Reece of the 11th and Coleman of the 97th:
A RESOLUTION commending Steve Hayes; and for other purposes.
HR 864. By Representatives Reece of the 11th and Coleman of the 97th:
A RESOLUTION commending Allen Hayes; and for other purposes.
HR 865. By Representatives Reece of the 11th and Coleman of the 97th:

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A RESOLUTION recognizing and commending Linda Green for outstanding contributions to public education in the State of Georgia; and for other purposes.
HR 866. By Representatives Reece of the 11th, Smith of the 13th and Coleman of the 97th:
A RESOLUTION recognizing and commending Jeff Hargett for outstanding contributions to public education in the State of Georgia; and for other purposes.
HR 867. By Representative Reece of the 11th:
A RESOLUTION commending Ms. Leigh Ellen Patterson; and for other purposes.
HR 868. By Representatives Reece of the 11th, Smith of the 13th and Coleman of the 97th:
A RESOLUTION commending Wesley Styles; and for other purposes.
HR 869. By Representatives Reece of the 11th, Smith of the 13th and Coleman of the 97th:
A RESOLUTION commending Christopher Poe; and for other purposes.
HR 870. By Representative Reece of the 11th:
A RESOLUTION commending Mr. Jim Parker for his 16 years of outstanding service as sole County Commissioner for Chattooga County; and for other purposes.
HR 871. By Representatives Reece of the 11th, Smith of the 13th and Coleman of the 97th:
A RESOLUTION commending Craig Schmidt; and for other purposes.
HR 872. By Representatives Henson of the 87th, Drenner of the 86th, Watson of the 91st, Millar of the 79th and Mangham of the 94th:
A RESOLUTION commending John Pruitt; and for other purposes.
HR 873. By Representative Burns of the 157th:

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A RESOLUTION honoring Mrs. Diane Freeman; and for other purposes.
HR 874. By Representative Drenner of the 86th: A RESOLUTION commending Audrey D. Collier; and for other purposes.
HR 875. By Representatives Jackson of the 161st, Brooks of the 63rd, Bordeaux of the 162nd, Bryant of the 160th and Day of the 163rd:
A RESOLUTION congratulating Roy L. Jackson; and for other purposes.
HR 876. By Representatives Murphy of the 120th and Howard of the 121st:
A RESOLUTION honoring the Ancient Egyptian Arabic Order Noblres Mystic Shrine of North and South America and Its Jurisdictions, Inc., Prince Hall Affiliated, and the Daughters of Isis; and for other purposes.
HR 877. By Representatives Jackson of the 161st, Brooks of the 63rd, Bordeaux of the 162nd, Bryant of the 160th and Day of the 163rd:
A RESOLUTION congratulating Lester Anthony; and for other purposes.
HR 878. By Representatives Jackson of the 161st, Brooks of the 63rd, Bordeaux of the 162nd, Bryant of the 160th and Day of the 163rd:
A RESOLUTION congratulating Josey Sheppard; and for other purposes.
HR 879. By Representatives Chambers of the 81st and Geisinger of the 48th:
A RESOLUTION commending Sister Christine Truong My Hanh; and for other purposes.
HR 880. By Representative Drenner of the 86th:
A RESOLUTION commending Betty L. Efird; and for other purposes.
HR 881. By Representative Burns of the 157th:
A RESOLUTION honoring Miss Christie Kemp; and for other purposes.
HR 882. By Representative Drenner of the 86th:
A RESOLUTION commending Michael C. Mullins for his outstanding military service; and for other purposes.

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HR 883. By Representative Orrock of the 58th:
A RESOLUTION remembering and honoring the life of Mr. Irving Flint "Bud" Foote; and for other purposes.
HR 884. By Representative Hatfield of the 177th:
A RESOLUTION commending Michael Chris Yonz; and for other purposes.
HR 885. By Representative Hatfield of the 177th:
A RESOLUTION recognizing and commending Judge Clarence Blount; and for other purposes.
HR 886. By Representative Hatfield of the 177th:
A RESOLUTION commending William J. Fuliad; and for other purposes.
HR 887. By Representative Hatfield of the 177th:
A RESOLUTION remembering and honoring the life of Mr. John B. "Jack" Capps; and for other purposes.
HR 888. By Representative Hatfield of the 177th:
A RESOLUTION honoring the life of Betty Jean Jacobs Walker and offering condolences on her passing; and for other purposes.
HR 889. By Representative Hatfield of the 177th:
A RESOLUTION commending Cindy Coppage; and for other purposes.
HR 890. By Representative Hatfield of the 177th:
A RESOLUTION expressing regret at the passing of Jean and Holmes Ledford; and for other purposes.
HR 891. By Representative Hatfield of the 177th:
A RESOLUTION commending James Patrick Brooks; and for other purposes.
HR 892. By Representative Ralston of the 7th:

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A RESOLUTION honoring Elden Moates and Wanda Moates upon the occasion of their retirement; and for other purposes.
HR 893. By Representatives Drenner of the 86th and Henson of the 87th:
A RESOLUTION commending Hien Dai Nguyen; and for other purposes.
HR 894. By Representative Smith of the 168th:
A RESOLUTION commending Shafter and Essie Mae Varnedore on the occasion of their seventy-second wedding anniversary; and for other purposes.
HR 895. By Representatives Cole of the 125th and Ray of the 136th:
A RESOLUTION commending Reverend Hosie Waters; and for other purposes.
HR 896. By Representative Smith of the 168th:
A RESOLUTION recognizing and commending Ms. Marjorie Roberts for excellence and dedication in the areas of nursing, health freedom, and public health education; and for other purposes.
HR 897. By Representatives Drenner of the 86th and Henson of the 87th:
A RESOLUTION commending Wayne Foster; and for other purposes.
HR 898. By Representatives Drenner of the 86th and Henson of the 87th:
A RESOLUTION commending Pat Davis-Morris; and for other purposes.
HR 899. By Representatives Drenner of the 86th and Henson of the 87th:
A RESOLUTION commending Rosemarie Nelson; and for other purposes.
HR 900. By Representatives Drenner of the 86th and Henson of the 87th:
A RESOLUTION commending Joyce Wade; and for other purposes.
HR 901. By Representatives Drenner of the 86th and Henson of the 87th:
A RESOLUTION commending Emanuel Ransom; and for other purposes.

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SR 537. By Senators Henson of the 41st, Rogers of the 21st and Goggans of the 7th:

A RESOLUTION designating the first week of April each year as "Living Will Week" in Georgia; 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 E Anderson Y Ashe Y Barnard
Barnes Y Bearden E Beasley-Teague Y Benfield Y Benton
Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown
Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter E Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell
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
Dodson Y Dollar E Drenner
Dukes Ehrhart Y England Y Epps Y Fleming Y Floyd, H Y Floyd, J Fludd Forster 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 Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston
Howard Y Hudson Y Hugley
Jackson Y Jacobs
James Y Jamieson Y Jenkins Y Jennings Y Johnson
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 Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Maxwell Y May Y McCall
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
Oliver O'Neal Orrock Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Randall Ray Y Reece, B Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

On the adoption of the Resolutions, the ayes were 130, nays 0.

Sailor Y Scheid Y Scott, A Y Scott, M
Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield E Smith, B Y Smith, L Y Smith, P
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 Williams, A Williams, E Y Williams, R Y Yates Wix Richardson, Speaker

The Resolutions were adopted.

Representative Smith of the 131st 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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The following Bills of the House were taken up for the purpose of considering the reports of the Committees of Conference thereon:

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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 188

The Committee of Conference on HB 188 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 188 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Preston W. Smith Senator, 52nd District

/s/ Sue Burmeister Representative, 119th District

/s/ Chip Rogers Senator, 21st District

/s/ David Ralston Representative, 7th District

/s/ Tom Knox Representative, 24th District

A BILL

To amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to require that the 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 resides after release from confinement; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, is amended by adding a new Article 9 to read as follows:

"ARTICLE 9

16-5-110. (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 and address of the convicted person, and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such 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 subsection (a) of this Code section shall be assessed $25.00 for the cost of publication of such notice, and such assessment shall be imposed at the time of 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, provided that such publication was made in good faith."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Ralston of the 7th moved that the House adopt the report of the Committee of Conference on HB 188.

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

Y Abdul-Salaam Y Amerson E Anderson
Ashe

Y Crawford Y Cummings Y Davis Y Day

Y Holmes Y Holt Y Horne Y Houston

Maxwell Y May Y McCall
McClinton

Sailor Y Scheid Y Scott, A Y Scott, M

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3867

Y Barnard Barnes
Y Bearden E 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 E Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell
Cheokas Y Coan Y Cole Y Coleman, B
Coleman, T Cooper Y Cox

Dean Y Dickson
Dodson Y Dollar E 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 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

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
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

On the motion, the ayes were 140, nays 0.

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
Oliver O'Neal 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 Rynders

Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield E 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 Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker

The motion prevailed.

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 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

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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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 291

The Committee of Conference on HB 291 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 291 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Ralph Hudgens Senator, 47th District

/s/ Carl Rogers Representative, 26th District

/s/ Don Balfour Senator, 9th District

/s/ Tom Knox Representative, 24th District

/s/ Chip Rogers Senator, 21st District

/s/ John Meadows Representative, 5th District

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

TUESDAY, MARCH 29, 2005

3869

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:
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.

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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; (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

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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: (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

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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 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 the delivery of health care by recognizing the application of and payment for covered medical care provided by means of telemedicine, provided that such services are provided by a physician or by another health care practitioner or professional acting within the scope of practice of such health care practitioner or professional and in accordance with the provisions of Code Section 43-34-31.1. (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 Code Section 43-34-31.1 and 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."
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

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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 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

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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; (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 GROUPS. 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;

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(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; (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

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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. (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

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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 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.

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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, 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.

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(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 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

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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 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

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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 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

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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, 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

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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; (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:

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(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 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:

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(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.

Representative Rogers of the 26th moved that the House adopt the report of the Committee of Conference on HB 291.

On the motion, 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 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 E 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 Y Dean Y Dickson
Dodson Y Dollar E 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 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
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
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

On the motion, the ayes were 147, nays 0.

Maxwell Y May Y McCall Y 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
Oliver Y O'Neal
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 Rynders

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield E 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 Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker

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The motion prevailed.
The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:
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 Senate substitute was read:
A BILL
To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions regarding ad valorem taxation; to change certain provisions regarding homeowner tax relief grants; to change certain provisions regarding the issuance of tax executions; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking Code Section 36-89-1, relating to definitions regarding homeowner tax relief grants, and inserting in its place a new Code Section 36-89-1 to read as follows:
"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

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(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."
SECTION 2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new subsection at the end of Code Section 48-3-3, relating to executions by tax collectors and tax commissioners, to be designated subsection (c) to read as follows:
"(c) No execution shall be issued against any person who is not the record owner of the property on the day that the taxes become delinquent, if and when, that person has provided satisfactory proof to the tax collector or tax commissioner that the property has been transferred by recorded deed and the liability for the payment of ad valorem taxes has been assigned to the vested transferee by written agreement or contract. In such cases, the execution shall be issued against the person who is the record owner of

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the property on the date that taxes became delinquent. If an execution has already been issued, such execution shall be affirmatively cleared and vacated of record by the tax collector or tax commissioner upon receiving satisfactory proof as provided in this subsection."

SECTION 3. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) 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, 2005.

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

Representative O`Neal of the 146th moved that the House agree to the Senate substitute to HB 116.

On the motion, 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 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 E Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell

Y Crawford Y Cummings
Davis N Day Y Dean Y Dickson
Dodson Y Dollar E 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 Y Hanner
Harbin Y Hatfield

Y Holmes Y Holt
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
Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk

Maxwell Y May Y McCall Y 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
Oliver Y O'Neal
Orrock Parham Y Parrish Y Parsons Y Porter Y Powell Y Ralston Randall Y Ray Y Reece, B

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield E 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 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
Coleman, T Y Cooper Y Cox

Y Heard, J Y Heard, K
Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Lucas Lunsford
Y Maddox Y Mangham Y Manning Y Marin Y Martin

On the motion, the ayes were 144, nays 1.

Y Reece, S Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders

Willard Williams, A Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker

The motion prevailed.

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 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 Senate substitute was read:

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

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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 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

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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 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

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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 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.

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(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. 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

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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 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.

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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 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

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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. 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

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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 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

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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. 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

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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 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.

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(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."
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

TUESDAY, MARCH 29, 2005

3901

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:
(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

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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. (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

TUESDAY, MARCH 29, 2005

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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 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

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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 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

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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 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, 10, 12, 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. (h) Sections 9 and 14 of this Act shall become effective upon 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, 2004.

SECTION 28. All laws and parts of laws in conflict with this Act are repealed.

Representative O`Neal of the 146th moved that the House agree to the Senate substitute to HB 488.

On the motion, 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 Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown
Bruce

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

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 Maxwell Y May Y McCall Y 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

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

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Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter E 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 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 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

On the motion, the ayes were 154, nays 0.

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

The motion prevailed.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:

Mr. Speaker:

The Senate has disagreed to the House substitute to the following bill of the Senate:

SB 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.

The Senate insists on its substitutes to the following bills of the House:

HB 48. By Representatives Golick of the 34th, Roberts of the 154th, O`Neal of the 146th, Chambers of the 81st and Jennings of the 82nd:

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

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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.
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 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 Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
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 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 Kemp of the 46th.

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The Senate adheres to its disagreement to the House amendment to the Senate amendment and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the House:
HB 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 cross-reference; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Rogers of the 21st, Stephens of the 27th, and Pearson of the 51st.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
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.
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 374. By Representatives Geisinger of the 48th, Jones of the 46th, Martin of the 47th and Willard of the 49th:

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3909

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 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.
Representative Geisinger of the 48th moved that the House insist on its position in disagreeing to the Senate substitute to HB 374 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 Geisinger of the 48th, O`Neal of the 146th and Scott of the 2nd.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:
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.

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The Senate has disagreed to the House substitute to the following bill of the Senate:
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.
The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:
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.
Representative Ralston of the 7th moved that the House insist on its position in substituting SB 230.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
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 report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 85
The Committee of Conference on HB 85 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 85 be adopted.

TUESDAY, MARCH 29, 2005

3911

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Jack Hill Senator, 4th District

/s/ Ben Harbin Representative, 118th District

/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 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.

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:

Total Funds Non State Funds Federal Funds Not Specifically Identified Agency Funds Other Non-State Funds Temporary Assistance for Needy Families Block Grant Social Services Block Grant Child Care and Development Block Grant Foster Care Title IV-E Maternal and Child Health Services Block Grant Medical Assistance Program Preventive Health and Health Services Block Grant

$29,614,547,150 $12,199,297,331
$2,285,936,317 $1,722,123,934
$104,280,096 $314,722,471 $55,368,733 $74,026,303 $66,740,935
$17,348,033 $4,312,860,208
$4,203,960

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Block Grants for Community Mental Health Services

$12,840,422

Block Grants for Prevention and Treatment of Substance Abuse

$50,960,435

Federal Highway Administration Highway Planning and Construction $1,100,000,000

Federal Transit Adminsitration Capital Investment Grants

$12,858,431

Research Funds

$1,483,785,256

Indigent Care Trust Fund - Public Hospital Authorities

$148,828,880

State Children's Insurance Program

$182,173,412

Community Services Block Grant

$17,185,183

Low-Income Home Energy Assistance

$18,929,972

TANF - Block Grant Unobligated Balance

$160,821,854

TANF - Block Grant Transfer to Social Services Block Grant

$23,602,496

TANF - Block Grant Transfer to to Child Care Development Fund

$29,700,000

State Funds

$17,415,249,819

Lottery Funds

$811,629,758

Tobacco Funds

$156,626,752

Motor Fuel Funds

$790,000,000

Other State Funds

$32,034,000

State General Funds

$15,624,959,309

Intra-State Government Transfers

$2,523,532,890

Health Insurance Payments

$1,977,178,195

Other Intra-State Government Transfers

$54,306,019

Retirement Payments

$36,195,366

Self Insurance Trust Fund Payments

$132,900,000

Optional Medicaid Services Payments

$322,953,310

Section 1: Georgia Senate Total Funds Non State Funds State Funds State General Funds Intra-State Government Transfers

$9,715,183 $0
$9,715,183 $9,715,183
$0

LIEUTENANT GOVERNOR'S OFFICE Total Funds State Funds State General Funds

$813,497 $813,497 $813,497

SECRETARY OF THE SENATE'S OFFICE Total Funds State Funds State General Funds

$1,212,412 $1,212,412 $1,212,412

SENATE

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3913

Total Funds State Funds
State General Funds

$6,689,602 $6,689,602 $6,689,602

SENATE BUDGET AND EVALUATION OFFICE

The purpose is to provide budget development and evaluation expertise to the State

Senate.

Total Funds

$999,672

State Funds

$999,672

State General Funds

$999,672

Section 2: Georgia House of Representatives Total Funds Non State Funds State Funds State General Funds Intra-State Government Transfers

$17,216,615 $0
$17,216,615 $17,216,615
$0

HOUSE OF REPRESENTATIVES Total Funds State Funds State General Funds

$17,216,615 $17,216,615 $17,216,615

Section 3: Georgia General Assembly Joint Offices Total Funds Non State Funds State Funds State General Funds Intra-State Government Transfers

$10,154,263 $0
$10,154,263 $10,154,263
$0

ANCILLARY ACTIVITIES

The purpose is to provide services for the legislative branch of government.

Total Funds

$4,933,862

State Funds

$4,933,862

State General Funds

$4,933,862

LEGISLATIVE FISCAL OFFICE

The purpose is to act as the bookkeeper-comptroller for the legislative branch of

government and maintain an account of legislative expenditures and commitments.

Total Funds

$2,209,558

State Funds

$2,209,558

State General Funds

$2,209,558

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OFFICE OF LEGISLATIVE COUNSEL

The purpose is to provide bill-drafting services, advice and counsel for members of the

General Assembly.

Total Funds

$3,010,843

State Funds

$3,010,843

State General Funds

$3,010,843

Section 4: Audits and Accounts, Department of Total Funds Non State Funds State Funds State General Funds Intra-State Government Transfers

$30,095,144 $0
$30,095,144 $30,095,144
$0

DEPARTMENTAL ADMINISTRATION

The purpose is to provide administrative support to all Department programs.

Total Funds

$1,596,639

State Funds

$1,596,639

State General Funds

$1,596,639

FINANCIAL AUDITS

The purpose is to conduct financial and compliance audits of state entities, local boards

of education, and healthcare providers that participate in the State's Medicaid program;

and review financial statements of local governments and non-profit organizations.

Total Funds

$22,831,899

State Funds

$22,831,899

State General Funds

$22,831,899

INFORMATION SYSTEMS AUDITS

The purpose is to provide independent information systems audits, reviews, and

vulnerability assessments and to provide information systems audit guidance and

support to other operations within the Department.

Total Funds

$1,076,951

State Funds

$1,076,951

State General Funds

$1,076,951

LEGISLATIVE SERVICES

The purpose is to provide information on retirement system services, promulgation of

statewide policies and procedures and provide fiscal note services.

Total Funds

$110,575

State Funds

$110,575

State General Funds

$110,575

TUESDAY, MARCH 29, 2005

3915

PERFORMANCE AUDITS

The purpose is to audit state programs to determine their efficiency, effectiveness,

economy of operations, and compliance with laws and rules.

Total Funds

$2,426,566

State Funds

$2,426,566

State General Funds

$2,426,566

STATEWIDE EQUALIZED ADJUSTED PROPERTY TAX DIGEST

The purpose is to establish an equalized adjusted property tax digest for each county

and for the State as a whole for use in allocating State funds for public school systems.

Total Funds

$2,052,514

State Funds

$2,052,514

State General Funds

$2,052,514

Section 5: Appeals, Court of Total Funds Non State Funds Agency Funds State Funds State General Funds Intra-State Government Transfers

$12,627,586 $90,000 $90,000
$12,537,586 $12,537,586
$0

COURT OF APPEALS

The purpose of this court is to review and exercise appellate and certiorari jurisdiction in

all cases not reserved to the Supreme Court or conferred on other courts by law.

Total Funds

$12,627,586

Non-State Funds

$90,000

Agency Funds

$90,000

State Funds

$12,537,586

State General Funds

$12,537,586

Section 6: Judicial Council Total Funds Non State Funds State Funds State General Funds Intra-State Government Transfers

$13,176,292 $0
$13,176,292 $13,176,292
$0

GEORGIA OFFICE OF DISPUTE RESOLUTION

The purpose is to oversee the development of court-connected alternative dispute

resolution programs in Georgia.

Total Funds

$362,494

State Funds

$362,494

State General Funds

$362,494

3916

JOURNAL OF THE HOUSE

INSTITUTE OF CONTINUING JUDICIAL EDUCATION

The purpose is to provide basic training and continuing education to elected officials,

court support personnel and volunteer agents of the State's judicial branch.

Total Funds

$1,126,382

State Funds

$1,126,382

State General Funds

$1,126,382

JUDICIAL COUNCIL

The purpose 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

$10,629,370

State Funds

$10,629,370

State General Funds

$10,629,370

JUDICIAL QUALIFICATIONS COMMISSION

The purpose is to discipline, remove, and cause involuntary retirement of judges.

Total Funds

$258,046

State Funds

$258,046

State General Funds

$258,046

RESOURCE CENTER

The purpose of this program is to provide representation to all death penalty sentenced

inmates in habeas proceedings.

Total Funds

$800,000

State Funds

$800,000

State General Funds

$800,000

Section 7: Juvenile Courts Total Funds Non State Funds State Funds State General Funds Intra-State Government Transfers

$6,233,940 $0
$6,233,940 $6,233,940
$0

COUNCIL OF JUVENILE COURT JUDGES

The Council of Juvenile Court Judges represents all the juvenile judges in Georgia.

Jurisdiction in cases involving children includes delinquencies, status offenses, and

deprivation.

Total Funds

$1,519,101

State Funds

$1,519,101

State General Funds

$1,519,101

TUESDAY, MARCH 29, 2005

3917

GRANTS TO COUNTIES FOR JUVENILE COURT JUDGES

This program mandates payment of state funds to circuits to pay for juvenile court

judges salaries.

Total Funds

$4,714,839

State Funds

$4,714,839

State General Funds

$4,714,839

Section 8: Prosecuting Attorneys Total Funds Non State Funds Agency Funds State Funds State General Funds Intra-State Government Transfers

$51,157,751 $1,767,046 $1,767,046 $49,390,705 $49,390,705 $0

DISTRICT ATTORNEYS

The District Attorney represents the State of Georgia in the trial and appeal of felony

criminal cases in the Superior Court for the judicial circuit and delinquency cases in the

juvenile courts.

Total Funds

$45,692,494

Non-State Funds

$1,767,046

Agency Funds

$1,767,046

State Funds

$43,925,448

State General Funds

$43,925,448

PROSECUTING ATTORNEY'S COUNCIL

This program is charged with the responsibility of assisting Georgia's District Attorneys

and State Court Solicitors.

Total Funds

$5,465,257

State Funds

$5,465,257

State General Funds

$5,465,257

Section 9: Public Defender Standards Council, Georgia Total Funds Non State Funds Agency Funds State Funds State General Funds Intra-State Government Transfers

$44,051,892 $1,972,832 $1,972,832 $42,079,060 $42,079,060 $0

PUBLIC DEFENDER STANDARDS COUNCIL The Standards Council provides administrative, fiscal, appellate, and technology support to public defender offices including all training. The Standards Council also represents

3918

JOURNAL OF THE HOUSE

persons charged with the death penalty after January 1, 2005, and provides training,

assistance and direct representation in NGRI (Not Guilty by Reason of Insanity) cases.

Total Funds

$11,167,007

Non-State Funds

$559,797

Agency Funds

$559,797

State Funds

$10,607,210

State General Funds

$10,607,210

PUBLIC DEFENDERS

The purpose 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

$32,884,885

Non-State Funds

$1,413,035

Agency Funds

$1,413,035

State Funds

$31,471,850

State General Funds

$31,471,850

Section 10: Superior Courts Total Funds Non State Funds State Funds State General Funds Intra-State Government Transfers

$52,371,465 $0
$52,371,465 $52,371,465
$0

COUNCIL OF SUPERIOR COURT CLERKS

To assist superior court clerks throughout the state in the execution of their duties, and

to promote and assist in their training of the superior court clerks.

Total Funds

$144,925

State Funds

$144,925

State General Funds

$144,925

COUNCIL OF SUPERIOR COURT JUDGES

The purpose of the Council of Superior Court Judges is to further the improvement of

the superior court and the administration of justice through leadership, training, policy

development and budgetary and fiscal administration.

Total Funds

$882,809

State Funds

$882,809

State General Funds

$882,809

JUDICIAL ADMINISTRATIVE DISTRICTS The purpose is to provide regional administrative support to the judges of the superior court. This support includes managing budgets, policy, procedure, and providing a

TUESDAY, MARCH 29, 2005

3919

liaison between local and state courts. Total Funds State Funds State General Funds

$2,253,718 $2,253,718 $2,253,718

STATEWIDE FELONY AND JUVENILE DRUG COURTS

The purpose of this program is to reduce recidivism among nonviolent substance

abusing adult and juvenile offenders through intensive, judicially-supervised case

management. Funds for this program are used to support Superior Court Judges' drug

courts and other drug courts, through cooperation with the Judicial Council.

Total Funds

$1,000,000

State Funds

$1,000,000

State General Funds

$1,000,000

SUPERIOR COURT JUDGES

The purpose is to be Georgia's general jurisdiction trial court and exercise exclusive,

constitutional authority over felony cases, divorce, equity and cases regarding title to

land.

Total Funds

$48,090,013

State Funds

$48,090,013

State General Funds

$48,090,013

Section 11: Supreme Court Total Funds Non State Funds State Funds State General Funds Intra-State Government Transfers

$7,647,980 $0
$7,647,980 $7,647,980
$0

SUPREME COURT OF GEORGIA

The purpose is to be a court of review and exercise exclusive appellate jurisdiction in all

cases involving the 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 all cases of

election contest.

Total Funds

$7,647,980

State Funds

$7,647,980

State General Funds

$7,647,980

Section 12: Accounting Office, State Total Funds Non State Funds State Funds

$10,579,683 $0
$1,723,889

3920

JOURNAL OF THE HOUSE

State General Funds Intra-State Government Transfers Other Intra-State Government Payments

$1,723,889 $8,855,794 $8,855,794

STATE ACCOUNTING OFFICE

The purpose is to support statewide People Soft financials and human capital

management, to provide the comprehensive annual financial report of Georgia, and to

create accounting procedures and policies for state agencies.

Total Funds

$10,579,683

State Funds

$1,723,889

State General Funds

$1,723,889

Intra-State Government Transfers

$8,855,794

Other Intra-State Government Payments

$8,855,794

Section 13: Administrative Services, Department of Total Funds Non State Funds Agency Funds Other Non-State Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments Self Insurance Trust Fund Payments

$181,453,236 $16,056,799 $12,877,427 $3,179,372 $28,132,494 $28,132,494 $137,263,943 $4,363,943 $132,900,000

BULK PAPER SALES

The purpose is to reduce cost through aggregation of demand for paper in bulk

quantities.

Total Funds

$2,353,715

Non-State Funds

$2,353,715

Agency Funds

$2,353,715

DEPARTMENTAL ADMINISTRATION

The purpose is to provide administrative support to all department programs.

Total Funds

$5,544,369

Non-State Funds

$2,030,008

Agency Funds

$2,030,008

State Funds

$3,514,361

State General Funds

$3,514,361

FISCAL SERVICES The purpose is to provide administrative functions, services, and equipment necessary for the fulfillment of the responsibilities of the superior courts, to provide pass-thru to

TUESDAY, MARCH 29, 2005

3921

appropriate authorities, and to act as administrative managers of attached agencies.

Total Funds

$307,228

Non-State Funds

$307,228

Agency Funds

$307,228

FLEET MANAGEMENT

The purpose is to reduce cost through centralized, appropriate, and cost-effective

management of the state's motor vehicle fleet.

Total Funds

$2,409,075

Non-State Funds

$2,409,075

Agency Funds

$1,719,934

Other Non-State Funds

$689,141

MAIL AND COURIER

The purpose is to reduce cost through aggregation of demand for Capitol Hill and metro

area mail and package delivery services.

Total Funds

$1,281,259

Non-State Funds

$1,281,259

Agency Funds

$1,164,259

Other Non-State Funds

$117,000

RISK MANAGEMENT

The purpose is cost minimization and fair treatment of citizens through effective claims

management.

Total Funds

$137,263,943

Intra-State Government Transfers

$137,263,943

Other Intra-State Government Payments

$4,363,943

Self Insurance Trust Fund Payments

$132,900,000

SERVICE CONTRACT MANAGEMENT

The purpose is to provide customer cost avoidance for service contracts through

aggregation of demand, competitive procurement, and contract management.

Total Funds

$140,330

Non-State Funds

$140,330

Agency Funds

$140,330

SPACE MANAGEMENT

The purpose is to help state government meet its current need for office space and plan

for future needs as business goals and operations change.

Total Funds

$371,491

State Funds

$371,491

State General Funds

$371,491

3922

JOURNAL OF THE HOUSE

STATE PURCHASING

The purpose is to reduce cost and provide fair and equitable access through open,

structured competitive procurement.

Total Funds

$18,791,672

Non-State Funds

$2,167,831

Agency Funds

$147,831

Other Non-State Funds

$2,020,000

State Funds

$16,623,841

State General Funds

$16,623,841

SURPLUS PROPERTY

The purpose is to reduce cost through maximization of the useful life of state-owned

equipment.

Total Funds

$1,885,035

Non-State Funds

$1,885,035

Agency Funds

$1,885,035

U.S. POST OFFICE

The purpose is to provide convenient and cost-effective postal services to agencies and

individuals.

Total Funds

$160,593

Non-State Funds

$151,000

Agency Funds

$151,000

State Funds

$9,593

State General Funds

$9,593

PAYMENTS TO GEORGIA BUILDING AUTHORITY

The purpose is to purchase, erect, and maintain buildings and other facilities to house

agents and officials of the state government.

Total Funds

$2,331,288

State Funds

$2,331,288

State General Funds

$2,331,288

PAYMENTS TO GOLF HALL OF FAME AUTHORITY

The purpose is to construct and maintain a facility and related attractions to house the

Georgia Golf Hall of Fame to honor those who by achievement or service have made

outstanding and lasting contributions to the sport of golf in this state or elsewhere.

Total Funds

$58,685

State Funds

$58,685

State General Funds

$58,685

PAYMENTS TO GEORGIA TECHNOLOGY AUTHORITY The purpose is to provide for procurement of technology resources, enterprise

TUESDAY, MARCH 29, 2005

3923

management, and portfolio management 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

$750,000

Non-State Funds

$353,231

Other Non-State Funds

$353,231

State Funds

$396,769

State General Funds

$396,769

ADMINISTRATIVE HEARINGS, OFFICE OF STATE

The purpose is to provide an impartial, independent forum for resolving disputes

between the public and state agencies.

Total Funds

$4,318,825

Non-State Funds

$601,308

Agency Funds

$601,308

State Funds

$3,717,517

State General Funds

$3,717,517

PROPERTIES COMMISSION, STATE

The purpose 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

$558,553

State Funds

$558,553

State General Funds

$558,553

TREASURY AND FISCAL SERVICES, OFFICE OF

The purpose 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

$2,731,348

Non-State Funds

$2,376,779

Agency Funds

$2,376,779

State Funds

$354,569

State General Funds

$354,569

PAYMENTS TO AVIATION HALL OF FAME

The purpose is to promote and encourage the growth and public support of aviation

within the state by honoring those, living or dead, who by extraordinary achievement or

service have made outstanding and lasting contributions to aviation in Georgia.

Total Funds

$50,000

State Funds

$50,000

State General Funds

$50,000

HEALTH PLANNING REVIEW BOARD

3924

JOURNAL OF THE HOUSE

The purpose is to review decisions made by hearing officers. Total Funds State Funds State General Funds

$60,473 $60,473 $60,473

HAZARDOUS MATERIALS, AGENCY FOR THE REMOVAL OF

The purpose is to establish and administer a program for the abatement and removal of

asbestos and other hazardous materials from premises of the state.

Total Funds

$85,354

State Funds

$85,354

State General Funds

$85,354

Section 14: Agriculture, Department of

Total Funds

$49,605,178

Non State Funds

$8,734,010

Federal Funds Not Specifically Identified

$7,027,377

Agency Funds

$1,657,042

Other Non-State Funds

$49,591

State Funds

$40,871,168

State General Funds

$40,871,168

Intra-State Government Transfers

$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.

ATHENS AND TIFTON VETERINARY LABORATORIES

The purpose is to ensure the safety of our food supply and the health of animals

(production, equine and companion) within the State of Georgia.

Total Funds

$3,271,132

State Funds

$3,271,132

State General Funds

$3,271,132

CONSUMER PROTECTION

The purpose is to prevent, control and eradicate certain infectious and communicable

diseases of livestock.

Total Funds

$28,301,945

Non-State Funds

$7,561,782

Agency Funds

$591,257

Federal Funds Not Specifically Identified

$6,970,525

State Funds

$20,740,163

State General Funds

$20,740,163

DEPARTMENTAL ADMINISTRATION

TUESDAY, MARCH 29, 2005

3925

The purpose is to provide administrative support for all programs of the department.

Total Funds

$6,266,053

Non-State Funds

$299,047

Agency Funds

$211,680

Other Non-State Funds

$49,591

Federal Funds Not Specifically Identified

$37,776

State Funds

$5,967,006

State General Funds

$5,967,006

MARKETING AND PROMOTION

The purpose is to expand sales of Georgia's commodities from growers by promoting

them domestically and internationally.

Total Funds

$8,731,062

Non-State Funds

$873,181

Agency Funds

$854,105

Federal Funds Not Specifically Identified

$19,076

State Funds

$7,857,881

State General Funds

$7,857,881

POULTRY VETERINARY DIAGNOSTIC LABS

The purpose is to provide diagnostic and monitoring services to Georgia poultry

growers.

Total Funds

$3,034,986

State Funds

$3,034,986

State General Funds

$3,034,986

Section 15: Banking and Finance, Department of Total Funds Non State Funds State Funds State General Funds Intra-State Government Transfers

$10,976,353 $0
$10,976,353 $10,976,353
$0

CHARTERING, LICENSING AND APPLICATIONS/NON-MORTGAGE

ENTITIES

The purpose 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

$495,504

State Funds

$495,504

State General Funds

$495,504

CONSUMER PROTECTION AND ASSISTANCE

3926

JOURNAL OF THE HOUSE

The purpose is to assist consumers with problems encountered when dealing with

department-regulated entities.

Total Funds

$515,920

State Funds

$515,920

State General Funds

$515,920

DEPARTMENTAL ADMINISTRATION

The purpose is to provide administrative support to all department programs.

Total Funds

$1,645,199

State Funds

$1,645,199

State General Funds

$1,645,199

FINANCIAL INSTITUTION SUPERVISION

The purpose 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

$6,581,431

State Funds

$6,581,431

State General Funds

$6,581,431

MORTGAGE SUPERVISION

The purpose is to protect consumers from unfair, deceptive or fraudulent residential

mortgage lending practices and enforce applicable laws and regulations.

Total Funds

$1,738,299

State Funds

$1,738,299

State General Funds

$1,738,299

Section 16: Community Affairs, Department of

Total Funds

$186,619,085

Non State Funds

$104,659,767

Federal Funds Not Specifically Identified

$93,566,048

Agency Funds

$10,831,688

Other Non-State Funds

$262,031

State Funds

$81,959,318

Tobacco Funds

$47,123,333

State General Funds

$34,835,985

Intra-State Government Transfers

$0

If a local assistance grant 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 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

TUESDAY, MARCH 29, 2005

3927

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.

BUILDING CONSTRUCTION

The purpose is to establish minimum building construction standards for all new

structures including mass-produced factory built (modular) buildings built in the state.

Total Funds

$451,125

Non-State Funds

$171,722

Agency Funds

$171,722

State Funds

$279,403

State General Funds

$279,403

COORDINATED PLANNING

The purpose is to give communities the information, assistance, tools and funding

needed to successfully implement planning and quality growth solutions to enhance and

fulfill the requirements of Coordinated Comprehensive Planning according to the

Georgia Planning Act of 1989.

Total Funds

$3,834,160

State Funds

$3,834,160

State General Funds

$3,834,160

DEPARTMENTAL ADMINISTRATION

The purpose is to provide administrative support for all programs of the department.

Total Funds

$4,742,899

Non-State Funds

$2,760,804

Agency Funds

$2,476,773

Other Non-State Funds

$262,031

Federal Funds Not Specifically Identified

$22,000

State Funds

$1,982,095

State General Funds

$1,982,095

ENVIRONMENTAL EDUCATION AND ASSISTANCE

The purpose is to provide technical assistance, resource tools, and public education

outreach resources.

Total Funds

$973,896

State Funds

$973,896

State General Funds

$973,896

FEDERAL COMMUNITY AND ECONOMIC DEVELOPMENT The purpose is to administer incentive programs and education programs as well as provide technical assistance in the area of economic development to local governments,

3928

JOURNAL OF THE HOUSE

development authorities, and private for-profit entities. Total Funds Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds

$38,616,134 $36,985,354 $36,985,354
$1,630,780 $1,630,780

HOMEOWNERSHIP PROGRAMS

The purpose is to expand the supply of standard affordable housing through

rehabilitation, construction and provide homeownership opportunities for low and

moderate income individuals.

Total Funds

$4,014,155

Non-State Funds

$4,014,155

Agency Funds

$4,014,155

LOCAL ASSISTANCE GRANTS

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.

Total Funds

$3,881,066

State Funds

$3,881,066

State General Funds

$3,881,066

To provide funding to the City of Milledgville for the Silver Haired

$5,000

Legislature

To provide funding to the City of Columbus for the Civil War Naval Museum $30,000

Economic Development To provide funding for emergency generator for the water system in Crawford County To provide funding to Pike County to join city and county systems at HWY 341 waterline for economic development business park To provide funding to City of Lula for sewage treatment systems upgrade To provide funding to the City of Gainesville to renovate city storm drain To provide park and renovation funding in the City of St. Simons To provide funding for services for master development plan in Fannin County To provide funding to the City of Chickamauga for expansion to the public library To provide funding to the City of Harlem for Phase II of the sewer and waste pond repair To provide funding for site work development in Columbia County Industrial Park

$25,000
$300,000
$125,000 $100,000 $155,500
$50,000
$100,000
$138,000
$140,566

TUESDAY, MARCH 29, 2005

3929

To provide funding to Columbia County library for technology

$300,000

improvements

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 $350,000

Duluth

To provide funding for services for the Gwinnett County Neighborhood

$35,000

Leadership Institute

To provide funding for engineering study plan for the Old Coweta County $35,000

Courthouse

To provide funds for a match to Hall County for the Phase II Economic

$100,000

Development project

To provide funding for services in White County for the Appalachian

$50,000

Community Enterprises non-profit small business incubator

To provide funding for partial roof replacement for Historic Oconee County $15,000

Arts Foundation

To provide funding for services in Warner Robbins for the Museum of

$35,000

Aviation

To provide funding for park renovations at Lake Tobosofkee in Bibb

$50,000

County

To provide funding for Hancock County for warehouse expansion at Saint $150,000

Gobain

To provide funding to Dodge County for the Heart of Georgia Airport

$7,500

Authority

To provide funding for services for the City of Newnan for Economic

$20,000

Development

To provide funding to the City of Savannah for Battlefield Park youth

$30,000

facility construction

Education Development To provide funding for the Washington County school system to compensate for one-time loss of motor vehicle advalorem tax revenue due to a shift in collections policy. To provide funding for improvements to the Loganville High School facility in Gwinnett County To provide funding for services to Forest Hills Elementary Community Coalition in Dekalb County To provide funding for restoration of the Old School Auditorium for Lanier County To provide funding for services to the City of Atlanta for Intergenerational Resource Center To provide funds for a match to the City of Byromville for Vienna Elementary after school program

$125,000
$50,000 $15,000 $50,000 $25,000
$2,000

3930

JOURNAL OF THE HOUSE

To provide funding for the Oglethorpe County Agriculture Education Center

$50,000

Human Services To provide funding to Northeast Cobb County to expand senior center facility To provide funding to refurbish Live Oak Child Emergency Shelter in Carroll County To provide funds to Hall County for Health Access indigent care initiative To provide funding to the City of Tennille for renovations to the Police Department To provide funding for firehouse expansion in the City of Avery To provide funding for the City of Damascus for firehouse renovations To provide funding for services for Our House in Polk County To provide funding for the Boys and Girls Club in Polk County To provide funding for services to Warner Robbins for the Senior Citizen Center To provide funding to Houston County for assisting Drug Action Council To provide funding to Emanuel County Volunteer Fire Department for equipment To provide funding to Candler County Volunteer Fire Department for equipment To provide funding to Johnson County Volunteer Fire Department for equipment To provide funding to Upson County for construction and start-up costs for Harbor House To provide funding for Mitchell County Fire Department To provide funding to the City of Savannah for the Association of the Blind To provide funding to the City of Savannah for the Cardiovascular Center To provide funding to the Augusta Burn Center for indigent care

$272,000
$50,000
$50,000 $35,000
$20,000 $25,000 $25,000 $25,000 $15,000
$15,000 $11,000
$10,000
$10,000
$100,000
$24,500 $15,000 $15,000 $250,000

PAYMENTS TO GEORGIA MEDICAL CENTER AUTHORITY The purpose is to provide funds to the Georgia Medical Center Authority.
Total Funds State Funds
State General Funds

$250,000 $250,000 $250,000

PAYMENTS TO THE STATE HOUSING TRUST FUND

The purpose is to provide temporary shelter, permanent housing, and essential services

to homeless individuals and households, and provide affordable housing to persons with

special needs.

Total Funds

$4,205,351

Non-State Funds

$1,172,459

TUESDAY, MARCH 29, 2005

3931

Agency Funds State Funds
State General Funds

$1,172,459 $3,032,892 $3,032,892

REGIONAL SERVICES

The purpose is to assist in the marketing, development, and implementation of housing,

community and economic development projects and services and to award grants from

the Local Development Fund.

Total Funds

$3,071,517

State Funds

$3,071,517

State General Funds

$3,071,517

RENTAL HOUSING PROGRAMS

The purpose is to provide affordable rental housing to very low, low, and moderate-

income households by allocating federal and state housing tax credits on a competitive

basis and by providing subsidized housing through the Housing Choice Program.

Total Funds

$62,831,215

Non-State Funds

$59,543,386

Agency Funds

$2,996,579

Federal Funds Not Specifically Identified

$56,546,807

State Funds

$3,287,829

State General Funds

$3,287,829

RESEARCH AND SURVEYS

The purpose is to conduct surveys and collect financial/management data from local

governments and authorities as directed by statute.

Total Funds

$665,422

State Funds

$665,422

State General Funds

$665,422

STATE COMMUNITY DEVELOPMENT PROGRAMS

The purpose is to assist Georgia cities, small towns and neighborhoods in the

development of their core commercial areas and champion new development

opportunities for rural Georgia.

Total Funds

$1,690,051

State Funds

$1,690,051

State General Funds

$1,690,051

STATE ECONOMIC DEVELOPMENT PROGRAM

The purpose is to facilitate and stimulate economic activity, private investment, and job

creation by various means including making loans and grants.

Total Funds

$3,716,081

Non-State Funds

$11,887

3932

JOURNAL OF THE HOUSE

Federal Funds Not Specifically Identified State Funds
State General Funds

$11,887 $3,704,194 $3,704,194

PAYMENTS TO GEORGIA ENVIRONMENTAL FACILITIES AUTHORITY

The purpose is to provide funds for the Georgia Rural Water Association and the

Infrastructure Grant Program.

Total Funds

$700,000

State Funds

$700,000

State General Funds

$700,000

PAYMENTS TO GEORGIA MUSIC HALL OF FAME AUTHORITY The purpose is to preserve Georgia's rich musical heritage.
Total Funds State Funds
State General Funds

$767,039 $767,039 $767,039

PAYMENTS TO GEORGIA SPORTS HALL OF FAME AUTHORITY

The purpose is to preserve and interpret the history of sports in Georgia.

Total Funds

$725,060

State Funds

$725,060

State General Funds

$725,060

PAYMENTS TO GEORGIA REGIONAL TRANSPORTATION AUTHORITY

The purpose is to improve Georgia's mobility, air quality, and land use practices.

Total Funds

$4,360,581

State Funds

$4,360,581

State General Funds

$4,360,581

PAYMENTS TO ONEGEORGIA AUTHORITY The purpose is to provide funds for the OneGeorgia Authority.
Total Funds State Funds
Tobacco Funds

$47,123,333 $47,123,333 $47,123,333

Section 17: Community Health, Department of Total Funds Non State Funds Federal Funds Not Specifically Identified Agency Funds Medical Assistance Program State Children's Insurance Program Indigent Care Trust Fund - Public Hospital Authorities

$9,350,909,388 $4,790,832,249
$0 $146,969,749 $4,312,860,208 $182,173,412 $148,828,880

TUESDAY, MARCH 29, 2005

3933

State Funds Tobacco Funds State General Funds Intra-State Government Transfers Health Insurance Payments Optional Medicaid Service Payments

$2,259,945,634 $58,087,386
$2,201,858,248 $2,300,131,505 $1,977,178,195
$322,953,310

This paragraph applies to and only to the appropriations for the "MEDICAID: LOWINCOME MEDICAID" and MEDICAID: AGED, BLIND, AND DISABLED" programs of the Department of Community Health. The appropriation of a particular fund source for each program is the amount stated plus up to an additional amount of 2 percent (2%) of the amount stated. However, if the additional authority is used, the appropriation of the same fund source for the other program to that agency is reduced in the same amount, such that the stated total in program appropriations from that fund source for the two programs is not exceeded. However, the additional amount must be from a fund source which is lawfully available for the program to which it is added.

DEPARTMENTAL ADMINISTRATION AND PROGRAM SUPPORT

The purpose is to provide administrative support to all departmental programs.

Total Funds

$267,224,318

Non-State Funds

$186,467,368

Medical Assistance Program

$178,630,997

State Children's Insurance Program

$7,836,371

State Funds

$62,221,212

State General Funds

$62,221,212

Intra-State Government Transfers

$18,535,738

Health Insurance Payments

$17,295,727

Optional Medicaid Services Payments

$1,240,011

HEALTH CARE ACCESS AND IMPROVEMENT

The purpose is to improve the health, wellness and access to healthcare for Georgians.

Total Funds

$6,400,244

Non-State Funds

$513,693

Medical Assistance Program

$513,693

State Funds

$5,786,551

State General Funds

$5,786,551

Intra-State Government Transfers

$100,000

Optional Medicaid Services Payments

$100,000

INDIGENT CARE TRUST FUND The purpose is to expand Medicaid eligibility and services; support rural and other healthcare providers, primarily hospitals, that serve the medically indigent; and fund primary health care programs for medically indigent Georgians.

3934

JOURNAL OF THE HOUSE

Total Funds Non-State Funds
Medical Assistance Program Indigent Care Trust Fund - Public Hospital Authorities

$368,267,504 $368,267,504 $219,438,624 $148,828,880

MEDICAID: AGED, BLIND, AND DISABLED

The purpose is to provide health care access primarily to elderly and disabled

individuals.

Total Funds

$3,586,371,934

Non-State Funds

$2,418,957,466

Agency Funds

$91,726,671

Medical Assistance Program

$2,327,230,795

State Funds

$1,167,414,468

Tobacco Funds

$2,143,025

State General Funds

$1,165,271,443

MEDICAID: LOW-INCOME MEDICAID

The purpose is to provide healthcare access primarily to low-income individuals.

Total Funds

$2,631,014,671

Non-State Funds

$1,494,321,821

Agency Funds

$55,243,078

Medical Assistance Program

$1,439,078,743

State Funds

$815,079,551

Tobacco Funds

$50,973,656

State General Funds

$764,105,895

Intra-State Government Transfers

$321,613,299

Optional Medicaid Services Payments

$321,613,299

NURSING HOME PROVIDER FEES

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

$248,196,640

Non-State Funds

$147,967,356

Medical Assistance Program

$147,967,356

State Funds

$100,229,284

State General Funds

$100,229,284

PEACHCARE

The purpose is to offer comprehensive health care to uninsured children living in

Georgia.

Total Funds

$241,496,714

TUESDAY, MARCH 29, 2005

3935

Non-State Funds State Children's Insurance Program
State Funds Tobacco Funds State General Funds

$174,337,041 $174,337,041 $67,159,673
$4,970,705 $62,188,968

STATE HEALTH BENEFIT PLAN

The purpose is to provide to state employees 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' and state employees' health benefit plan for

SFY 2006 shall not exceed 14.30%.

Total Funds

$1,959,882,468

Intra-State Government Transfers

$1,959,882,468

Health Insurance Payments

$1,959,882,468

COMPOSITE BOARD OF MEDICAL EXAMINERS

The purpose of this program is to ensure quality health care by licensing qualified

applicants as physicians, physician's assistants, physician residents in training, per

fusionists, respiratory care professionals, acupuncturists and auricular (ear)

detoxification specialists.

Total Funds

$2,135,705

State Funds

$2,135,705

State General Funds

$2,135,705

PHYSICIAN WORKFORCE, GEORGIA BOARD OF: BOARD

ADMINISTRATION

The purpose is to provide support services to the programs of the Georgia Board of

Physician Workforce.

Total Funds

$533,241

State Funds

$533,241

State General Funds

$533,241

PHYSICIAN WORKFORCE, GEORGIA BOARD OF: GRADUATE

MEDICAL EDUCATION

The purpose is to ensure an adequate supply of primary care and other needed

physician specialists through cost effective public/private partnerships with Georgia's

private medical schools.

Total Funds

$6,501,965

State Funds

$6,501,965

State General Funds

$6,501,965

PHYSICIAN WORKFORCE, GEORGIA BOARD OF: MERCER SCHOOL OF MEDICINE GRANT

3936

JOURNAL OF THE HOUSE

The purpose is to recruit and train students as physicians committed to the primary

healthcare needs of underserved Georgians.

Total Funds

$17,960,862

State Funds

$17,960,862

State General Funds

$17,960,862

PHYSICIAN WORKFORCE, GEORGIA BOARD OF: MOREHOUSE

SCHOOL OF MEDICINE GRANT

The purpose is to recruit and train students as physicians committed to the primary

healthcare needs of underserved Georgians.

Total Funds

$10,141,628

State Funds

$10,141,628

State General Funds

$10,141,628

PHYSICIAN WORKFORCE, GEORGIA BOARD OF: UNDERGRADUATE

MEDICAL EDUCATION

The purpose is to identify the physician workforce needs of Georgia communities and to

meet those needs through the support and development of medical education programs.

Total Funds

$3,428,706

State Funds

$3,428,706

State General Funds

$3,428,706

MEDICAL EDUCATION BOARD, STATE

The purpose is to provide an adequate supply of physicians in rural areas of the state;

and to provide a program of aid to promising medical students.

Total Funds

$1,352,788

State Funds

$1,352,788

State General Funds

$1,352,788

Section 18: Corrections, Department of Total Funds Non State Funds Federal Funds Not Specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments

$958,801,358 $30,873,293 $9,616,943 $21,256,350 $927,228,065 $927,228,065 $700,000 $700,000

BAINBRIDGE PROBATION SUBSTANCE ABUSE TREATMENT CENTER

The purpose is to provide a sanctioning option for probationers who require more

security and supervision than provided by regular community supervision.

Total Funds

$3,254,462

TUESDAY, MARCH 29, 2005

3937

Non-State Funds Agency Funds Federal Funds Not Specifically Identified
State Funds State General Funds

$27,789 $7,046 $20,743 $3,226,673 $3,226,673

COMPENSATION PER GENERAL ASSEMBLY RESOLUTIONS The purpose is to fund HR108 of the 2005 session.
Total Funds State Funds
State General Funds

$512,377 $512,377 $512,377

COUNTY JAIL SUBSIDY

The purpose is to reimburse counties for the costs of incarcerating state prisoners in

their local facilities.

Total Funds

$12,154,999

Non-State Funds

$2,501,508

Federal Funds Not Specifically Identified

$2,501,508

State Funds

$9,653,491

State General Funds

$9,653,491

DEPARTMENTAL ADMINISTRATION

The purpose is to protect and serve the citizens of Georgia by providing an effective and

efficient department that administers a balanced correctional system.

Total Funds

$54,848,017

Non-State Funds

$1,836,000

Federal Funds Not Specifically Identified

$1,836,000

State Funds

$53,012,017

State General Funds

$53,012,017

DETENTION CENTERS

The purpose is to provide a sanctioning option for probationers who require more

security or supervision than provided by regular community supervision or a diversion

center.

Total Funds

$47,166,724

Non-State Funds

$3,716,165

Agency Funds

$1,136,399

Federal Funds Not Specifically Identified

$2,579,766

State Funds

$43,450,559

State General Funds

$43,450,559

FOOD AND FARM OPERATIONS The purpose is to raise crops and livestock, and produce dairy items used in preparing

3938

JOURNAL OF THE HOUSE

meals for offenders. Total Funds Non-State Funds Agency Funds Federal Funds Not Specifically Identified State Funds State General Funds

$12,624,465 $216,725 $194,725 $22,000
$12,407,740 $12,407,740

HEALTH

The purpose 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

$160,007,352

Non-State Funds

$8,464,209

Agency Funds

$8,464,209

State Funds

$151,543,143

State General Funds

$151,543,143

OFFENDER MANAGEMENT

The purpose is to provide cost effective correctional services that ensures public safety.

Total Funds

$44,118,606

State Funds

$44,118,606

State General Funds

$44,118,606

PAROLE REVOCATION CENTERS The purpose is to provide a sanction for parole violations.
Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified State Funds State General Funds

$3,894,956 $59,648 $49,138 $10,510
$3,835,308 $3,835,308

PRIVATE PRISONS

The purpose is to provide cost effective correctional services that ensure public safety.

Total Funds

$72,518,200

State Funds

$72,518,200

State General Funds

$72,518,200

PROBATION DIVERSION CENTERS

The purpose is to provide a residential sentencing option that allows offenders to

continue to work in the community while receiving close supervision from corrections

officials.

Total Funds

$16,172,848

Non-State Funds

$3,388,692

TUESDAY, MARCH 29, 2005

3939

Agency Funds Federal Funds Not Specifically Identified State Funds State General Funds

$3,188,692 $200,000
$12,784,156 $12,784,156

PROBATION SUPERVISION The purpose is to supervise probationers.
Total Funds State Funds
State General Funds

$68,632,697 $68,632,697 $68,632,697

STATE PRISONS

The purpose is to house violent or repeat criminals, or nonviolent inmates who have

exhausted all other forms of punishment.

Total Funds

$442,582,200

Non-State Funds

$10,662,557

Agency Funds

$8,216,141

Federal Funds Not Specifically Identified

$2,446,416

State Funds

$431,219,643

State General Funds

$431,219,643

Intra-State Government Transfers

$700,000

Other Intra-State Government Payments

$700,000

TRANSITIONAL CENTERS

The purpose 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

$20,313,455

State Funds

$20,313,455

State General Funds

$20,313,455

Section 19: Defense, Department of Total Funds Non State Funds Federal Funds Not Specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers

$46,131,314 $37,771,909 $35,265,153
$2,506,756 $8,359,405 $8,359,405
$0

CIVIL SUPPORT The purpose is to provide an all volunteer force to augment Georgia's organized militia in the event of a federal force mobilization.

3940

JOURNAL OF THE HOUSE

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds

$9,024,617 $5,670,709 $5,670,709 $3,353,908 $3,353,908

DEPARTMENTAL ADMINISTRATION

The purpose is to provide administration to the organized militia in the State of Georgia.

Total Funds

$2,516,146

Non-State Funds

$240,924

Agency Funds

$138,791

Federal Funds Not Specifically Identified

$102,133

State Funds

$2,275,222

State General Funds

$2,275,222

FACILITIES MANAGEMENT

The purpose is to provide and maintain administrative, flight and training facilities for

the Georgia Air National Guard that enhance readiness and are aesthetically pleasing

within the community.

Total Funds

$34,114,775

Non-State Funds

$31,860,276

Agency Funds

$2,367,965

Federal Funds Not Specifically Identified

$29,492,311

State Funds

$2,254,499

State General Funds

$2,254,499

MILITARY READINESS

The purpose 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

$475,776

State Funds

$475,776

State General Funds

$475,776

Section 20: Early Care and Learning, Department of Total Funds Non State Funds Federal Funds Not Specifically Identified Agency Funds State Funds Lottery Funds State General Funds Intra-State Government Transfers

$383,868,470 $88,886,345 $88,865,436 $20,909 $294,111,979 $290,081,308 $4,030,671 $870,146

TUESDAY, MARCH 29, 2005

3941

Other Intra-State Government Payments

$870,146

CHILD CARE SERVICES

The purpose 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

$4,700,578

Non-State Funds

$669,907

Federal Funds Not Specifically Identified

$669,907

State Funds

$4,030,671

State General Funds

$4,030,671

NUTRITION

The purpose 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

PRE-KINDERGARTEN PROGRAM

The purpose is to provide funding for providers who operate the Pre-K program.

Total Funds

$290,296,911

Non-State Funds

$215,603

Agency Funds

$20,909

Federal Funds Not Specifically Identified

$194,694

State Funds

$290,081,308

Lottery Funds

$290,081,308

QUALITY INITIATIVES

The purpose is to explore new ideas and help implement innovative strategies that focus

on improving the quality of early education, child care, and nutrition for Georgia's

children and families.

Total Funds

$870,146

Intra-State Government Transfers

$870,146

Other Intra-State Government Payments

$870,146

Section 21: Economic Development, Department of Total Funds Non State Funds Agency Funds State Funds State General Funds Intra-State Government Transfers

$29,671,123 $20,244 $20,244
$29,650,879 $29,650,879
$0

3942

JOURNAL OF THE HOUSE

BUSINESS RECRUITMENT AND EXPANSION

The purpose is to provide assistance to local communities and to the state to recruit,

retain, and expand businesses in Georgia.

Total Funds

$6,783,664

State Funds

$6,783,664

State General Funds

$6,783,664

DEPARTMENTAL ADMINISTRATION

The purpose is to influence, affect, and enhance economic development in Georgia and

provide information to people and companies to promote the state.

Total Funds

$6,213,661

State Funds

$6,213,661

State General Funds

$6,213,661

FILM, MUSIC, AND VIDEO

The purpose 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

$1,012,337

State Funds

$1,012,337

State General Funds

$1,012,337

INTERNATIONAL RELATIONS AND TRADE

The purpose is to provide international trade opportunities through exports to provide

executive leadership for international relations and promote Georgia products and

companies to other nations.

Total Funds

$2,056,980

State Funds

$2,056,980

State General Funds

$2,056,980

OFFICE OF SCIENCE AND TECHNOLOGY BUSINESS DEVELOPMENT

The purpose is to lead in the recruitment, growth, and marketing of the life sciences and

technology industries in Georgia.

Total Funds

$1,563,914

State Funds

$1,563,914

State General Funds

$1,563,914

SMALL AND MINORITY BUSINESS DEVELOPMENT

The purpose is to provide guidance and support to agencies in maximizing access to

state business opportunities for small and minority businesses.

Total Funds

$944,398

Non-State Funds

$20,244

Agency Funds

$20,244

TUESDAY, MARCH 29, 2005

3943

State Funds State General Funds

$924,154 $924,154

TOURISM

The purpose is to provide information to visitors about tourism opportunities throughout

the state and encourage tourism expenditures.

Total Funds

$11,096,169

State Funds

$11,096,169

State General Funds

$11,096,169

Section 22: Education, Department of

Total Funds

$7,593,338,019

Non State Funds

$1,153,659,899

Federal Funds Not Specifically Identified

$1,111,268,592

Other Non-State Funds

$42,391,307

State Funds

$6,439,678,120

State General Funds

$6,439,678,120

Intra-State Government Transfers

$0

The formula calculation for Quality Basic Education funding assumes a base unit cost of

$2,425.97. In addition, all local school system allotments for Quality Basic Education

shall be made in accordance with funds appropriated by this Act.

ACADEMIC COACH

The purpose of this program is 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.

Total Funds

$3,899,132

State Funds

$3,899,132

State General Funds

$3,899,132

AGRICULTURAL EDUCATION

The purpose 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

$7,999,999

Non-State Funds

$576,577

Other Non-State Funds

$450,000

Federal Funds Not Specifically Identified

$126,577

State Funds

$7,423,422

State General Funds

$7,423,422

CENTRAL OFFICE The purpose is to act as a service oriented agency supporting local school districts.

3944

JOURNAL OF THE HOUSE

Total Funds Non-State Funds
Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds

$78,258,130 $43,333,449
$6,899,025 $36,434,424 $34,924,681 $34,924,681

CHARTER SCHOOLS

Georgia's Charter School program seeks to support and encourage development and

approval of charter public schools as one part of Georgia's overall school improvement

strategy.

Total Funds

$7,499,904

Non-State Funds

$6,729,711

Federal Funds Not Specifically Identified

$6,729,711

State Funds

$770,193

State General Funds

$770,193

COMMUNITIES IN SCHOOLS

Communities in Schools operates alternative education programs throughout the state,

bringing community resources into schools to help students stay in school and prepare

for life.

Total Funds

$1,320,623

State Funds

$1,320,623

State General Funds

$1,320,623

CURRICULUM DEVELOPMENT

The purpose is to provide a world-class curriculum that will drive both instruction and

assessment for Georgia's teachers and students.

Total Funds

$1,774,833

State Funds

$1,774,833

State General Funds

$1,774,833

FEDERAL PROGRAMS

Federal programs coordinates federally funded programs and allocates federal funds to

school systems.

Total Funds

$817,561,039

Non-State Funds

$817,561,039

Federal Funds Not Specifically Identified

$817,561,039

FOREIGN LANGUAGE

The foreign language program provides funds to elementary schools for foreign

language instruction.

Total Funds

$1,590,857

TUESDAY, MARCH 29, 2005

3945

State Funds State General Funds

$1,590,857 $1,590,857

GEORGIA LEARNING RESOURCES SYSTEM

The purpose of this program is to provide training and resources to educators and

parents of students with disabilities through a network of 17 centers around the state.

Total Funds

$5,117,573

Non-State Funds

$5,117,573

Federal Funds Not Specifically Identified

$5,117,573

GEORGIA VIRTUAL SCHOOL

The purpose of this program is to provide students enrollment in state funded courses

via the Internet or in any other manner not involving on-site interaction with a teacher.

Total Funds

$1,385,000

State Funds

$1,385,000

State General Funds

$1,385,000

GEORGIA YOUTH SCIENCE AND TECHNOLOGY

The purpose of this program is to increase interest and enthusiasm in science and the

technologies, particularly among elementary and middle school teachers and students.

Total Funds

$689,203

State Funds

$689,203

State General Funds

$689,203

GOVERNOR'S HONORS PROGRAM

The purpose of this program is to provide intellectually gifted and artistically talented

high school students challenging and enriching educational opportunities not usually

available during the regular school year.

Total Funds

$1,416,743

State Funds

$1,416,743

State General Funds

$1,416,743

INFORMATION TECHNOLOGY SERVICES

The purpose is primarily responsible for the collection and reporting of accurate data

through the development and maintenance of web-enabled applications.

Total Funds

$7,496,550

State Funds

$7,496,550

State General Funds

$7,496,550

NATIONAL BOARD CERTIFICATION National Board Certification is jointly administered between the Department of Education and the Professional Standards Commission. The Department of Education component provides the ten percent salary increase for national board certified teachers

3946

JOURNAL OF THE HOUSE

(based on the state salary) to local systems. Total Funds State Funds State General Funds

$11,038,035 $11,038,035 $11,038,035

NATIONAL SCIENCE CENTER AND FOUNDATION

The purpose of this program is to ignite and promote students' interest in Mathematics

and Sciences, to develop new ways to use technology in teaching, and to deploy those

methods in our schools.

Total Funds

$1,416,750

State Funds

$1,416,750

State General Funds

$1,416,750

NON QUALITY BASIC EDUCATION FORMULA GRANTS

The purpose of this program is to assure that sufficient funds are provided in order for

the State's public school students to receive an effective education.

Total Funds

$7,688,674

State Funds

$7,688,674

State General Funds

$7,688,674

NUTRITION

The purpose 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

$224,393,314

Non-State Funds

$188,375,722

Federal Funds Not Specifically Identified

$188,375,722

State Funds

$36,017,592

State General Funds

$36,017,592

PRESCHOOL HANDICAPPED

The purpose of this program is to provide early intervention so students with disabilities

will enter schools with the skills to succeed.

Total Funds

$24,008,490

State Funds

$24,008,490

State General Funds

$24,008,490

PRINCIPAL SUPPLEMENTS

The purpose of the program is to provide supplements to principals, the amount being

determined by multiplying the amount per weighted full-time equivalent count by the

weighted full-time equivalent count for each school.

Total Funds

$5,361,125

State Funds

$5,361,125

TUESDAY, MARCH 29, 2005

3947

State General Funds

$5,361,125

QUALITY BASIC EDUCATION EQUALIZATION

This program provides money to local school systems after assessing an equity

breakdown of the Local Five Mill Share Program in order to narrow the gap (per pupil)

between school systems.

Total Funds

$371,657,510

State Funds

$371,657,510

State General Funds

$371,657,510

QUALITY BASIC EDUCATION LOCAL FIVE MILL SHARE

The state will pay 80% of QBE Formula funded costs and local school systems are

required to pay 20%. The Local Five Mill Share is a required local effort and is based

on five mills of tax on the equalized adjusted property tax digest.

Total Funds

($1,335,476,389)

State Funds

($1,335,476,389)

State General Funds

($1,335,476,389)

QUALITY BASIC EDUCATION PROGRAM

The purpose 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

$6,677,381,942

State Funds

$6,677,381,942

State General Funds

$6,677,381,942

REGIONAL EDUCATION SERVICE AGENCIES

The purpose 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

$11,473,253

State Funds

$11,473,253

State General Funds

$11,473,253

SCHOOL IMPROVEMENT

The purpose is to design and implement a coherent and sustained statewide system of

support and process for improvement, providing local education agencies and schools in

Georgia with tools and resources as well as intensive support for schools not making

Adequate Yearly Progress.

Total Funds

$11,736,228

Non-State Funds

$100,000

Other Non-State Funds

$100,000

State Funds

$11,636,228

3948

JOURNAL OF THE HOUSE

State General Funds

$11,636,228

SCHOOL NURSES

The purpose of this program is to provide appropriate health procedures to allow

students to remain in school and increase opportunities for academic success.

Total Funds

$30,000,000

Non-State Funds

$30,000,000

Other Non-State Funds

$30,000,000

SEVERELY EMOTIONALLY DISTURBED

The purpose is to provide statewide services to parents and educators of students with

disabilities.

Total Funds

$72,408,795

Non-State Funds

$7,724,112

Federal Funds Not Specifically Identified

$7,724,112

State Funds

$64,684,683

State General Funds

$64,684,683

STATE INTERAGENCY TRANSFERS

The purpose is to provide health insurance to retired teachers and non certified

personnel and to pass through funding via a contract.

Total Funds

$270,480,390

Non-State Funds

$18,888,697

Federal Funds Not Specifically Identified

$18,888,697

State Funds

$251,591,693

State General Funds

$251,591,693

STATE READING AND MATH

The purpose of this program is to improve academic proficiency in reading and math by

funding research-based programs in grades K-3 and after-school programs in grades 4-

8.

Total Funds

$26,652,770

State Funds

$26,652,770

State General Funds

$26,652,770

STATE SCHOOLS

The purpose of the State Schools is to prepare sensory-impaired and multi-disabled

students to become productive citizens by providing a learning environment addressing

their academic, vocational, and social development.

Total Funds

$19,808,038

Non-State Funds

$932,715

Other Non-State Funds

$932,715

State Funds

$18,875,323

TUESDAY, MARCH 29, 2005

3949

State General Funds

$18,875,323

TECHNOLOGY/CAREER EDUCATION

The purpose is to equip students with academic, technical and leadership skills.

Total Funds

$39,872,754

Non-State Funds

$24,616,113

Other Non-State Funds

$4,009,567

Federal Funds Not Specifically Identified

$20,606,546

State Funds

$15,256,641

State General Funds

$15,256,641

TESTING

The purpose is to adopt a student assessment program consisting of instruments,

procedures, and policies necessary to implement the program.

Total Funds

$27,414,020

Non-State Funds

$9,704,191

Federal Funds Not Specifically Identified

$9,704,191

State Funds

$17,709,829

State General Funds

$17,709,829

TRANSPORTATION

This purpose of this program is to assist local school systems in their efforts to provide

safe and efficient transportation for students to and from school and school related

activities. Assistance is provided in the areas of driver training, funding, equipment

specifications and purchases.

Total Funds

$158,353,875

State Funds

$158,353,875

State General Funds

$158,353,875

TUITION FOR MULTI-HANDICAPPED

The purpose of this program is to provide funds to assist school systems that have

multi-handicapped students. These funds are intended to assist systems in meeting the

high cost of private residential placements and to provide a continuum of placements

for such students as mandated by federal regulations.

Total Funds

$1,658,859

State Funds

$1,658,859

State General Funds

$1,658,859

Section 23: Employees' Retirement System of Georgia Total Funds Non State Funds Other Non-State Funds State Funds

$22,198,378 $228,749 $228,749
$5,112,647

3950

JOURNAL OF THE HOUSE

State General Funds Intra-State Government Transfers Retirement Payments

$5,112,647 $16,856,982 $16,856,982

It is the intent of the General Assembly that the employer contribution rate for the Employees' Retirement System shall not exceed 10.41% for New Plan Employees and 5.66% for Old Plan Employees for State Fiscal Year 2005.

It is the intent of the General Assembly that the employer contribution for Public School Employees' Retirement System shall not exceed $23.35 per member for State Fiscal Year 2005.

GEORGIA MILITARY PENSION FUND

The purpose is to provide retirement allowances and other benefits for members of the

Georgia National Guard.

Total Funds

$890,651

State Funds

$890,651

State General Funds

$890,651

SYSTEM ADMINISTRATION

The purpose is to collect employee and employer contributions, invest the accumulated

funds, and disburse retirement benefits to members and beneficiaries.

Total Funds

$17,085,731

Non-State Funds

$228,749

Other Non-State Funds

$228,749

Intra-State Government Transfers

$16,856,982

Retirement Payments

$16,856,982

PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM

The purpose 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

$4,221,996

State Funds

$4,221,996

State General Funds

$4,221,996

Section 24: Forestry Commission, State Total Funds Non State Funds Federal Funds Not Specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers

$38,202,402 $6,270,129 $822,000 $5,448,129 $31,932,273 $31,932,273 $0

TUESDAY, MARCH 29, 2005

3951

COMMISSION ADMINISTRATION

The purpose 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

$3,971,637

Non-State Funds

$173,027

Agency Funds

$173,027

State Funds

$3,798,610

State General Funds

$3,798,610

FOREST MANAGEMENT

The purpose is to survey 20% of permanently established forest survey plots annually to

gather forest health and inventory data.

Total Funds

$3,804,212

Non-State Funds

$1,179,500

Agency Funds

$627,500

Federal Funds Not Specifically Identified

$552,000

State Funds

$2,624,712

State General Funds

$2,624,712

FOREST PROTECTION The purpose is to protect the public and forest resources.
Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified State Funds State General Funds

$28,451,721 $2,876,611 $2,676,611 $200,000
$25,575,110 $25,575,110

TREE IMPROVEMENT

The purpose is to provide quality, forest tree planting stock to Georgia landowners at

reasonable prices without reliance on legislative appropriations.

Total Funds

$119,123

State Funds

$119,123

State General Funds

$119,123

TREE SEEDLING NURSERY

The purpose is to provide quality, forest tree planting stock to Georgia landowners at

reasonable prices without reliance on legislative appropriations.

Total Funds

$1,855,709

Non-State Funds

$2,040,991

Agency Funds

$1,970,991

Federal Funds Not Specifically Identified

$70,000

3952

JOURNAL OF THE HOUSE

State Funds State General Funds

($185,282) ($185,282)

Section 25: Governor, Office of the

Total Funds

$56,493,796

Non State Funds

$6,493,772

Federal Funds Not Specifically Identified

$5,542,383

Agency Funds

$890,545

Other Non-State Funds

$60,844

State Funds

$50,000,024

Tobacco Funds

$10,482,554

State General Funds

$39,517,470

Intra-State Government Transfers

$0

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 the Consumer Affairs for all the

purposes for which such moneys may be appropriated pursuant to Article 28.

The Mansion allowance shall be $40,000.

CHILD ADVOCATE, OFFICE OF THE

The purpose is to provide independent oversight of persons, organizations, and agencies

responsible for the protection and well-being of children.

Total Funds

$716,356

State Funds

$716,356

State General Funds

$716,356

GOVERNOR'S EMERGENCY FUND

The purpose is to provide emergency funds to draw on when disasters create

extraordinary demands on government.

Total Funds

$3,469,576

State Funds

$3,469,576

State General Funds

$3,469,576

GOVERNOR'S OFFICE

The purpose is to provide numerous duties including, but not limited to: granting

commissions, appointments and vacancies, maintaining order, and temporary transfer of

institutions between departments or agencies.

Total Funds

$5,056,367

State Funds

$5,056,367

State General Funds

$5,056,367

OFFICE OF HOMELAND SECURITY

TUESDAY, MARCH 29, 2005

3953

Per Executive Order, the purpose is to lead and direct the preparation, employment and

management of state resources to safeguard Georgia and its citizens against threats or

acts of terrorism and natural disasters.

Total Funds

$592,905

State Funds

$592,905

State General Funds

$592,905

OFFICE OF THE STATE INSPECTOR GENERAL

Per Executive Order, the purpose is to foster and promote accountability and integrity in

state government by investigating and preventing fraud, waste and abuse.

Total Funds

$791,432

State Funds

$791,432

State General Funds

$791,432

EMERGENCY MANAGEMENT AGENCY, GEORGIA

The purpose is to provide a comprehensive and aggressive emergency preparedness,

response, and recovery program for the citizens of Georgia in order to save lives,

protect property, and reduce the effects of disasters.

Total Funds

$6,424,580

Non-State Funds

$4,435,412

Agency Funds

$307,856

Federal Funds Not Specifically Identified

$4,127,556

State Funds

$1,989,168

State General Funds

$1,989,168

STUDENT ACHIEVEMENT, OFFICE OF

The purpose is to improve student achievement and school completion in Georgia.

Total Funds

$1,401,864

Non-State Funds

$266,000

Federal Funds Not Specifically Identified

$266,000

State Funds

$1,135,864

State General Funds

$1,135,864

EQUAL OPPORTUNITY, GEORGIA COMMISSION ON

The purpose is to enforce the Georgia Fair Employment Practices Act of 1978, as

amended, and the Fair Housing Act which makes it unlawful for discrimination against

any individual.

Total Funds

$1,082,924

Non-State Funds

$387,217

Federal Funds Not Specifically Identified

$387,217

State Funds

$695,707

State General Funds

$695,707

3954

JOURNAL OF THE HOUSE

CONSUMER AFFAIRS, GOVERNOR'S OFFICE OF

The Office of Consumer Affairs protects consumers and legitimate business enterprises

from unfair and deceptive business practices through the enforcement of the Fair

Business Practices Act and other related consumer protection statutes.

Total Funds

$3,855,041

Non-State Funds

$567,689

Agency Funds

$567,689

State Funds

$3,287,352

State General Funds

$3,287,352

ARTS, GEORGIA COUNCIL FOR THE

The purpose is to provide general operation support and project support grants for art

organizations.

Total Funds

$4,626,070

Non-State Funds

$725,524

Agency Funds

$15,000

Other Non-State Funds

$60,844

Federal Funds Not Specifically Identified

$649,680

State Funds

$3,900,546

State General Funds

$3,900,546

PROFESSIONAL STANDARDS COMMISSION, GEORGIA

The purpose is to direct the preparation, certification, professional discipline and

recruitment of educators in Georgia.

Total Funds

$6,691,770

Non-State Funds

$111,930

Federal Funds Not Specifically Identified

$111,930

State Funds

$6,579,840

State General Funds

$6,579,840

PAYMENTS TO THE GEORGIA CANCER COALITION

The purpose is to provide funds to the Cancer Coalition for ongoing research and

preventative measures.

Total Funds

$10,482,554

State Funds

$10,482,554

Tobacco Funds

$10,482,554

PLANNING AND BUDGET - ATTACHED AGENCY ADMINISTRATION

The purpose is to provide administration services to various agencies.

Total Funds

$4,961,364

State Funds

$4,961,364

State General Funds

$4,961,364

TUESDAY, MARCH 29, 2005

3955

PLANNING AND BUDGET - BUDGET MANAGEMENT AND FISCAL

POLICY

The purpose is to supply budgeting, policy management and revenue forecasting for the

Office of the Governor.

Total Funds

$2,331,824

State Funds

$2,331,824

State General Funds

$2,331,824

PLANNING AND BUDGET - OFFICE ADMINISTRATION

The purpose is to provide the governor with policymaking assistance in determining

strategic and tactical plans for state agencies.

Total Funds

$1,521,238

State Funds

$1,521,238

State General Funds

$1,521,238

PLANNING AND BUDGET - PLANNING AND EVALUATION

The purpose is to provide capital budget planning and review and to provide strategic

and business planning services to the Office of the Governor.

Total Funds

$899,456

State Funds

$899,456

State General Funds

$899,456

PLANNING AND BUDGET - RESEARCH AND MANAGEMENT

The purpose is to provide policy and program research for the Office of the Governor

and to manage state Clearinghouse function and provide the Office of Planning and

Budget database and technical support.

Total Funds

$1,588,475

State Funds

$1,588,475

State General Funds

$1,588,475

Section 26: Human Resources, Department of Total Funds Non State Funds Federal Funds Not Specifically Identified Agency Funds Other Non-State Funds Temporary Assistance for Needy Families Block Grant Social Services Block Grant Child Care and Development Block Grant Foster Care Title IV-E Maternal/Child Health Services Block Grant Preventive Health/Health Services Block Block Grants for Community Mental Health Services

$2,799,962,234 $1,427,684,282
$523,424,950 $178,072,627 $20,557,762 $314,722,471 $55,368,733 $74,026,303 $66,740,935
$17,348,033 $4,203,960
$12,840,422

3956

JOURNAL OF THE HOUSE

Block Grants for Prevention/Treatment of Substance Abuse

$50,960,435

Community Services Block Grant

$17,185,183

Low-Income Home Energy Assistance

$18,929,972

TANF - Block Grant Unobligated Balance

$20,000,000

TANF - Block Grant Transfers to Social Services Block Grant $23,602,496

TANF - Block Grant Transfers to Child Care Development Fund $29,700,000

State Funds

$1,372,277,952

Tobacco Funds

$35,033,479

Other State Funds

$3,000,000

State General Funds

$1,334,244,473

Intra-State Government Transfers

$0

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.

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

TUESDAY, MARCH 29, 2005

3957

subsidized employment.

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.

ADOLESCENT HEALTH AND YOUTH DEVELOPMENT

The purpose is to prevent teenage pregnancy and out-of-wedlock births and promote

male responsibility.

Total Funds

$12,758,046

Non-State Funds

$9,807,473

Federal Funds Not Specifically Identified

$25,631

Temporary Assistance for Needy Families Block Grant

$8,738,374

Maternal and Child Health Services Block Grant

$1,043,468

State Funds

$2,950,573

State General Funds

$2,950,573

ADOPTION SERVICES AND SUPPLEMENTS

The purpose is to support and facilitate the permanent placement of children in safe and

stable homes by providing financial assistance and supportive services.

Total Funds

$53,938,698

Non-State Funds

$26,119,516

Agency Funds

$561,732

Temporary Assistance for Needy Families Block Grant

$4,300,000

Foster Care Title IV-E

$21,257,784

State Funds

$27,819,182

State General Funds

$27,819,182

ADULT PROTECTIVE SERVICES

The purpose 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

$14,599,295

Non-State Funds

$6,432,602

Federal Funds Not Specifically Identified

$4,178,063

Social Services Block Grant

$2,254,539

State Funds

$8,166,693

State General Funds

$8,166,693

CANCER SCREENING AND PREVENTION

The purpose is to reduce the morbidity and mortality from breast or cervical cancer.

Total Funds

$6,261,931

State Funds

$6,261,931

Tobacco Funds

$2,725,113

3958

JOURNAL OF THE HOUSE

State General Funds

$3,536,818

CHILD CARE AND PARENT SERVICES

The purpose is to permit low income families to be self-reliant while protecting the

safety and well-being of their children by ensuring access to child care.

Total Funds

$208,761,492

Non-State Funds

$147,139,203

Agency Funds

$832,728

Federal Funds Not Specifically Identified

$32,580,082

Temporary Assistance for Needy Families Block Grant

$10,000,000

Social Services Block Grant

$90

Child Care and Development Block Grant

$74,026,303

Temporary Assistance for Needy Families Block Grant

$29,700,000

Transfers to Child Care Development Fund

State Funds

$61,622,289

State General Funds

$61,622,289

CHILD FATALITY REVIEW PANEL

The purpose 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

$332,125

State Funds

$332,125

State General Funds

$332,125

CHILD PROTECTIVE SERVICES

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

$230,225,811

Non-State Funds

$170,200,928

Agency Funds

$13,490,604

Federal Funds Not Specifically Identified

$67,475,534

Temporary Assistance for Needy Families Block Grant

$50,669,658

Social Services Block Grant

$5,018,743

Foster Care Title IV-E

$13,431,881

Temporary Assistance for Needy Families Block Grant

$20,114,508

Transfers to Social Services Block Grant

State Funds

$60,024,883

Tobacco Funds

$2,069,048

State General Funds

$57,955,835

CHILD SUPPORT ESTABLISHMENT COLLECTION AND ENFORCEMENT

The purpose is to enforce parental responsibility by paying financial support.

Total Funds

$67,816,843

TUESDAY, MARCH 29, 2005

3959

Non-State Funds Agency Funds Federal Funds Not Specifically Identified Social Services Block Grant
State Funds State General Funds

$52,308,171 $9,060,828 $43,127,343 $120,000
$15,508,672 $15,508,672

CHILDREN WITH SPECIAL NEEDS

The purpose is to promote the optimal functioning of infants and toddlers with

developmental delays or disabilities.

Total Funds

$31,323,524

Non-State Funds

$10,079,911

Federal Funds Not Specifically Identified

$2,733,706

Maternal and Child Health Services Block Grant

$7,292,025

Preventive Health and Health Services Block Grant

$54,180

State Funds

$21,243,613

State General Funds

$21,243,613

CHRONIC DISEASE REDUCTION - HEALTH PROMOTION

The purpose is to provide education and health promotion related to chronic diseases.

Total Funds

$1,694,590

State Funds

$1,694,590

Tobacco Funds

$1,340,644

State General Funds

$353,946

CHRONIC DISEASE TREATMENT AND CONTROL

The purpose is to reduce the morbidity and mortality of cancer among low-income

uninsured or underinsured Georgians.

Total Funds

$9,323,489

Non-State Funds

$1,210,877

Preventive Health and Health Services Block Grant

$1,210,877

State Funds

$8,112,612

Tobacco Funds

$3,547,455

State General Funds

$4,565,157

COMMUNITY CARE SERVICES PROGRAM

The purpose is to provide Georgians who need nursing home level of care the option of

remaining in their own communities.

Total Funds

$60,353,006

Non-State Funds

$9,894,353

Federal Funds Not Specifically Identified

$9,894,353

State Funds

$50,458,653

Tobacco Funds

$4,191,806

3960

JOURNAL OF THE HOUSE

State General Funds

$46,266,847

COMMUNITY SERVICES - ADULT

The purpose is to support adults with serious mental illness, developmental disabilities

and addictive diseases in gaining the skills to live independently in the community while

avoiding the need for hospitalization.

Total Funds

$425,319,704

Non-State Funds

$111,804,851

Federal Funds Not Specifically Identified

$17,873,979

Temporary Assistance for Needy Families Block Grant

$26,016,392

Social Services Block Grant

$30,636,459

Community Mental Health Services Block Grant

$7,474,598

Prevention and Treatment of Substance Abuse Block Grant

$26,315,435

Temporary Assistance for Needy Families Block Grant

$3,487,988

Transfers to Social Services Block Grant

State Funds

$313,514,853

Tobacco Funds

$10,255,138

State General Funds

$303,259,715

COMMUNITY SERVICES - CHILD AND ADOLESCENT

The purpose is to help children and adolescents with serious emotional disturbances,

developmental disabilities and addictive diseases participate in everyday life in the

community with family and friends to the fullest extent possible by assisting them in

gaining, keeping and improving community living skills.

Total Funds

$100,487,731

Non-State Funds

$22,950,333

Federal Funds Not Specifically Identified

$3,131,597

Community Mental Health Services Block Grant

$5,365,824

Prevention and Treatment of Substance Abuse Block Grant

$14,452,912

State Funds

$77,537,398

State General Funds

$77,537,398

CONTRACTED CLIENT TRANSPORTATION SERVICES

The purpose is to provide essential transportation services in a safe, efficient and

responsive manner.

Total Funds

$29,070,806

Non-State Funds

$24,898,482

Federal Funds Not Specifically Identified

$6,744,243

Temporary Assistance for Needy Families Block Grant

$8,467,213

Social Services Block Grant

$9,687,026

State Funds

$4,172,324

State General Funds

$4,172,324

TUESDAY, MARCH 29, 2005

3961

DEPARTMENTAL ADMINISTRATION

The purpose is to provide administration and support for the Divisions and Operating

Office.

Total Funds

$168,449,048

Non-State Funds

$84,078,553

Agency Funds

$5,872,044

Federal Funds Not Specifically Identified

$67,960,097

Temporary Assistance for Needy Families Block Grant

$9,603,339

Social Services Block Grant

$265,446

Preventive Health and Health Services Block Grant

$31,070

Low-Income Home Energy Assistance

$346,557

State Funds

$84,370,495

Tobacco Funds

$331,340

State General Funds

$84,039,155

ELDER ABUSE AND FRAUD PREVENTION

The purpose 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

EMERGENCY PREPAREDNESS/BIOTERRORISM

The purpose is to prevent, detect, investigate, and respond to bioterrorism, terrorism, and

other public health emergencies.

Total Funds

$2,566,602

State Funds

$2,566,602

State General Funds

$2,566,602

ENERGY ASSISTANCE

The purpose is to assist low-income households in meeting their immediate home

energy needs.

Total Funds

$19,367,500

Non-State Funds

$18,623,684

Agency Funds

$40,269

Low-Income Home Energy Assistance

$18,583,415

State Funds

$743,816

State General Funds

$743,816

EPIDEMIOLOGY The purpose is to monitor, investigate, and describe the burden of disease, injury, and

3962

JOURNAL OF THE HOUSE

other events of public health concern in Georgia. Total Funds Non-State Funds Federal Funds Not Specifically Identified Preventive Health and Health Services Block Grant State Funds Tobacco Funds State General Funds

$5,077,992 $372,341 $175,591 $196,750
$4,705,651 $115,637
$4,590,014

FAMILY CONNECTION

The purpose is to provide a statewide network of county collaboratives that work to

improve conditions for children and families.

Total Funds

$10,605,281

Non-State Funds

$1,475,000

Federal Funds Not Specifically Identified

$275,000

Temporary Assistance for Needy Families Block Grant

$1,200,000

State Funds

$9,130,281

State General Funds

$9,130,281

FAMILY VIOLENCE SERVICES

The purpose is to provide safe shelter and related services for victims of family violence

and their dependents.

Total Funds

$8,548,380

Non-State Funds

$3,849,430

Agency Funds

$3,617

Federal Funds Not Specifically Identified

$122

Temporary Assistance for Needy Families Block Grant

$3,565,244

Foster Care Title IV-E

$280,447

State Funds

$4,698,950

State General Funds

$4,698,950

FOOD STAMP PROGRAM

The purpose is to promote the nutritional well being of Georgia's low-income families

and children.

Total Funds

$53,044,951

Non-State Funds

$29,693,542

Agency Funds

$2,125,153

Federal Funds Not Specifically Identified

$25,663,448

Foster Care Title IV-E

$1,904,941

State Funds

$23,351,409

State General Funds

$23,351,409

HEALTH PROMOTION AND DISEASE PREVENTION (WELLNESS)

TUESDAY, MARCH 29, 2005

3963

The purpose is to improve or maintain the functional ability and health status of elderly

Georgians.

Total Funds

$480,015

Non-State Funds

$480,015

Federal Funds Not Specifically Identified

$480,015

HIGH RISK PREGNANT WOMEN AND INFANTS

The purpose is to ensure that low income pregnant women receive comprehensive,

quality, prenatal services as early as possible in their pregnancy.

Total Funds

$5,130,049

Non-State Funds

$130,000

Maternal and Child Health Services Block Grant

$130,000

State Funds

$5,000,049

State General Funds

$5,000,049

HIV/AIDS

The purpose is to provide treatment that addresses the unmet needs of Georgians with

HIV disease.

Total Funds

$24,881,339

Non-State Funds

$6,879,211

Federal Funds Not Specifically Identified

$6,795,345

Maternal and Child Health Services Block Grant

$83,866

State Funds

$18,002,128

Tobacco Funds

$1,226,667

State General Funds

$16,775,461

HOME AND COMMUNITY BASED SERVICES

The purpose is to support and assist older Georgians so that they may live in their homes

and communities.

Total Funds

$52,203,589

Non-State Funds

$29,077,234

Federal Funds Not Specifically Identified

$25,290,804

Social Services Block Grant

$3,786,430

State Funds

$23,126,355

Tobacco Funds

$3,808,586

State General Funds

$19,317,769

IMMUNIZATION

The purpose is to provide immunization, consultation, training, assessment, vaccines

and technical assistance.

Total Funds

$17,792,800

Non-State Funds

$8,769,874

Federal Funds Not Specifically Identified

$1,303,416

3964

JOURNAL OF THE HOUSE

Maternal and Child Health Services Block Grant Preventive Health and Health Services Block Grant State Funds State General Funds

$6,762,746 $703,712
$9,022,926 $9,022,926

INDEPENDENT AND TRANSITIONAL LIVING SERVICES

The purpose is to provide a systematic approach for transitioning eligible youth in foster

care.

Total Funds

$4,444,938

Non-State Funds

$3,835,703

Agency Funds

$160,495

Federal Funds Not Specifically Identified

$1,593,827

Foster Care Title IV-E

$2,081,381

State Funds

$609,235

State General Funds

$609,235

INFANT AND CHILD HEALTH SERVICES

The purpose is to provide leadership and resources to communities to improve the health

and well being of infants and children and their families.

Total Funds

$22,447,459

Non-State Funds

$7,378,280

Agency Funds

$70,688

Federal Funds Not Specifically Identified

$5,567,508

Maternal and Child Health Services Block Grant

$1,370,688

Preventive Health and Health Services Block Grant

$369,396

State Funds

$15,069,179

Tobacco Funds

$2,000,000

State General Funds

$13,069,179

INJURY PREVENTION

The purpose 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

$389,398

Non-State Funds

$112,005

Preventive Health and Health Services Block Grant

$112,005

State Funds

$277,393

State General Funds

$277,393

LABORATORY SERVICES The purpose 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.

TUESDAY, MARCH 29, 2005

3965

Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified State Funds State General Funds

$10,876,056 $696,104 $150,000 $546,104
$10,179,952 $10,179,952

MEDICAID ELIGIBILITY DETERMINATION

The purpose is to promote access to health care for low income families, children, and

pregnant women.

Total Funds

$49,861,214

Non-State Funds

$24,377,800

Agency Funds

$1,709,341

Federal Funds Not Specifically Identified

$22,668,459

State Funds

$25,483,414

State General Funds

$25,483,414

OUT OF HOME CARE

The purpose is to provide safe and appropriate temporary substitute homes for children.

Total Funds

$299,250,194

Non-State Funds

$151,128,716

Agency Funds

$32,925,589

Federal Funds Not Specifically Identified

$38,054,686

Temporary Assistance for Needy Families Block Grant

$52,892,799

Social Services Block Grant

$3,600,000

Foster Care Title IV-E

$23,655,642

State Funds

$148,121,478

State General Funds

$148,121,478

OUTDOOR THERAPEUTIC PROGRAM

The purpose is to serve children and youth with behavioral and/or emotional problems in

therapeutic wilderness settings to promote positive changes in behavior that results in

improved functioning in daily life and strengthens family or substitute family

involvement and returns the child or adolescent to the community.

Total Funds

$4,234,869

Non-State Funds

$940,692

Agency Funds

$937,587

Federal Funds Not Specifically Identified

$3,105

State Funds

$3,294,177

State General Funds

$3,294,177

POST ADOPTION SERVICES The purpose is for clarification of adoption policies, procedures, and provide support

3966

JOURNAL OF THE HOUSE

services to adopting families. Total Funds Non-State Funds Foster Care Title IV-E State Funds State General Funds

$2,821,150 $940,404 $940,404
$1,880,746 $1,880,746

PRE-ADOPTION SERVICES

The purpose is to provide services that ensure the safe and appropriate placement of

adoptable children.

Total Funds

$5,391,629

Non-State Funds

$1,872,356

Foster Care Title IV-E

$1,872,356

State Funds

$3,519,273

State General Funds

$3,519,273

REFUGEE HEALTH PROGRAM

The purpose is to provide interpretation, outreach, information, and referrals for

refugees who need health care.

Total Funds

$3,775,026

Non-State Funds

$118,690

Federal Funds Not Specifically Identified

$118,690

State Funds

$3,656,336

State General Funds

$3,656,336

REFUGEE RESETTLEMENT

The purpose is to help refugees establish a new life that is founded on the dignity of

economic self-support.

Total Funds

$3,690,665

Non-State Funds

$3,184,005

Agency Funds

$80,538

Federal Funds Not Specifically Identified

$3,103,467

State Funds

$506,660

State General Funds

$506,660

REGULATORY COMPLIANCE

The purpose 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

$31,127,738

Non-State Funds

$8,740,615

Agency Funds

$515,075

Federal Funds Not Specifically Identified

$6,546,561

TUESDAY, MARCH 29, 2005

3967

Maternal and Child Health Services Block Grant Preventive Health and Health Services Block Grant State Funds State General Funds

$194,703 $1,484,276 $22,387,123 $22,387,123

SEXUALLY TRANSMITTED DISEASES TREATMENT AND CONTROL

The purpose is to prevent and reduce the spread of sexually transmitted diseases

through education, case reporting, health screening, partner notification, and treatment.

Total Funds

$6,777,489

Non-State Funds

$2,297,423

Federal Funds Not Specifically Identified

$2,297,423

State Funds

$4,480,066

State General Funds

$4,480,066

STATE HOSPITAL FACILITIES

The purpose is to provide services that enhance functioning of consumers, including

special therapies (speech, occupational therapy, physical therapy, activity therapy),

pharmacy, volunteer services, dental, x-ray, medical records, housekeeping, laundry,

lab, security, meal preparation, supplies, maintenance, and the fire safety.

Total Funds

$72,986,460

Non-State Funds

$8,656,220

Agency Funds

$2,888,413

Other Non-State Funds

$47,283

Federal Funds Not Specifically Identified

$5,720,524

State Funds

$64,330,240

State General Funds

$64,330,240

STATE HOSPITAL FACILITIES - DIRECT CARE AND SUPPORT

The purpose is to provide facility support services and direct patient support therapies.

Total Funds

$148,005,850

Non-State Funds

$53,557,052

Agency Funds

$49,057,399

Federal Funds Not Specifically Identified

$4,499,653

State Funds

$94,448,798

State General Funds

$94,448,798

STATE HOSPITAL FACILITIES - OTHER CARE

The purpose is to provide inpatient psychiatric evaluation and treatment with an

emphasis on stabilization and planning.

Total Funds

$93,785,550

Non-State Funds

$53,929,599

Agency Funds

$53,257,253

Other Non-State Funds

$510,479

3968

JOURNAL OF THE HOUSE

Federal Funds Not Specifically Identified State Funds
State General Funds

$161,867 $39,855,951 $39,855,951

STATE HOSPITAL FACILITIES - SPECIALTY CARE

The purpose is to provide education and health promotion related to intentional and

unintentional injuries.

Total Funds

$3,057,285

Non-State Funds

$1,561,791

Agency Funds

$1,547,240

Federal Funds Not Specifically Identified

$14,551

State Funds

$1,495,494

State General Funds

$1,495,494

SUBSTANCE ABUSE PREVENTION

The purpose is to promote the health and well-being of children, youth, families and

communities through preventing the use and/or abuse of alcohol, tobacco and drugs.

Total Funds

$12,182,090

Non-State Funds

$11,512,485

Federal Funds Not Specifically Identified

$320,397

Temporary Assistance for Needy Families Block Grant

$1,000,000

Prevention and Treatment of Substance Abuse Block Grant

$10,192,088

State Funds

$669,605

State General Funds

$669,605

SUPPORT FOR NEEDY FAMILIES - ADMINISTRATION AND FAMILY

ASSISTANCE

The purpose is to supply block grants for temporary assistance for needy families.

Total Funds

$70,896,751

Non-State Funds

$54,126,845

Agency Funds

$2,786,034

Federal Funds Not Specifically Identified

$20,548,436

Temporary Assistance for Needy Families Block Grant

$12,291,093

Foster Care Title IV-E

$1,316,099

Community Services Block Grant

$17,185,183

State Funds

$16,769,906

State General Funds

$16,769,906

SUPPORT FOR NEEDY FAMILIES - BASIC ASSISTANCE

The purpose is to supply block grants for temporary assistance for needy families.

Total Funds

$129,188,339

Non-State Funds

$114,788,339

Other Non-State Funds

$20,000,000

TUESDAY, MARCH 29, 2005

3969

Temporary Assistance for Needy Families Block Grant Temporary Assistance for Needy Families Block Grant Unobligated Balance State Funds State General Funds

$74,788,339 $20,000,000
$14,400,000 $14,400,000

SUPPORT FOR NEEDY FAMILIES - WORK ASSISTANCE

The purpose is to supply block grants for temporary assistance for needy families.

Total Funds

$65,331,497

Non-State Funds

$39,331,497

Temporary Assistance for Needy Families Block Grant

$39,331,497

State Funds

$26,000,000

State General Funds

$26,000,000

TOBACCO USE PREVENTION

The purpose 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

$2,211,034

State Funds

$2,211,034

Tobacco Funds

$2,149,875

State General Funds

$61,159

TUBERCULOSIS TREATMENT AND CONTROL

The purpose of the Georgia Tuberculosis Program is to control transmission, prevent

illness and ensure treatment of disease due to tuberculosis.

Total Funds

$9,017,338

Non-State Funds

$1,613,061

Federal Funds Not Specifically Identified

$1,613,061

State Funds

$7,404,277

State General Funds

$7,404,277

VITAL RECORDS

The purpose of this program is to register, code, enter, and archive all vital records and

associated documents (birth, death, fetal death, induced termination of pregnancy,

marriage).

Total Funds

$2,352,294

Non-State Funds

$288,204

Federal Funds Not Specifically Identified

$288,204

State Funds

$2,064,090

State General Funds

$2,064,090

WOMEN, INFANTS AND CHILDREN

3970

JOURNAL OF THE HOUSE

The purpose is an adjunct to prenatal and postpartum care during critical periods of

growth.

Total Funds

$84,978,869

Non-State Funds

$84,978,869

Federal Funds Not Specifically Identified

$84,978,869

WOMEN'S HEALTH SERVICES

The purpose is to reduce unintended pregnancies and improve the health of women, the

partners, and infants.

Total Funds

$28,008,811

Non-State Funds

$19,098,161

Federal Funds Not Specifically Identified

$6,727,407

Temporary Assistance for Needy Families Block Grant

$11,858,523

Maternal and Child Health Services Block Grant

$470,537

Preventive Health and Health Services Block Grant

$41,694

State Funds

$8,910,650

State General Funds

$8,910,650

CHILDREN'S TRUST FUND COMMISSION

The purpose is to support the establishment of community-based educational and

service programs designed to reduce the occurrence of child abuse and neglect.

Total Funds

$6,930,886

State Funds

$6,930,886

Tobacco Funds

$1,272,170

State General Funds

$5,658,716

DEVELOPMENTAL DISABILITIES, GOVERNOR'S COUNCIL ON

The purpose is to promote quality services and support for people with developmental

disabilities and their families.

Total Funds

$2,277,634

Non-State Funds

$2,248,393

Federal Funds Not Specifically Identified

$2,248,393

State Funds

$29,241

State General Funds

$29,241

BRAIN AND SPINAL INJURY TRUST FUND

The purpose is to provide disbursements from the Trust Fund to offset the costs of care

and rehabilitative services to citizens of the state who have survived brain or spinal cord

injuries.

Total Funds

$3,000,000

State Funds

$3,000,000

Other State Funds

$3,000,000

TUESDAY, MARCH 29, 2005

3971

COUNCIL ON AGING

The purpose is to assist older individuals, at-risk adults, persons with disabilities, their

families and caregivers in achieving safe, healthy, independent and self-reliant lives.

Total Funds

$148,951

State Funds

$148,951

State General Funds

$148,951

Section 27: Insurance, Department of Total Funds Non State Funds Federal Funds Not Specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers

$17,850,908 $1,036,500 $954,555 $81,945 $16,814,408 $16,814,408 $0

DEPARTMENTAL ADMINISTRATION

The purpose is to be responsible for protecting the rights of Georgia citizens in

insurance and industrial loan transactions and maintain a fire safe environment.

Total Funds

$2,203,831

State Funds

$2,203,831

State General Funds

$2,203,831

ENFORCEMENT

The purpose 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

$767,482

State Funds

$767,482

State General Funds

$767,482

FIRE SAFETY

The purpose is to create a fire safe environment in the state that protects the public

from fire and limits the loss of life and property.

Total Funds

$5,991,673

Non-State Funds

$1,036,500

Agency Funds

$81,945

Federal Funds Not Specifically Identified

$954,555

State Funds

$4,955,173

State General Funds

$4,955,173

INDUSTRIAL LOAN The purpose is to protect consumers by licensing, regulating and examining finance

3972

JOURNAL OF THE HOUSE

companies that provide consumer loans of $3,000 or less. Total Funds State Funds State General Funds

$688,827 $688,827 $688,827

INSURANCE REGULATION

The purpose is to ensure that licensed insurance entities maintain solvency, comply with

state law and adopt rules, regulations, and standards.

Total Funds

$5,396,059

State Funds

$5,396,059

State General Funds

$5,396,059

SPECIAL FRAUD

The purpose is to identify and take appropriate action to deter insurance fraud.

Total Funds

$2,803,036

State Funds

$2,803,036

State General Funds

$2,803,036

Section 28: Investigation, Georgia Bureau of Total Funds Non State Funds Federal Funds Not Specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers

$96,965,076 $34,554,925 $29,883,487
$4,671,438 $62,410,151 $62,410,151
$0

BUREAU ADMINISTRATION

The purpose is to provide the highest quality investigative, scientific, information

services, and resources for the purpose of maintaining law and order and protecting life

and property.

Total Funds

$9,870,707

Non-State Funds

$6,812

Federal Funds Not Specifically Identified

$6,812

State Funds

$9,863,895

State General Funds

$9,863,895

CENTRALIZED SCIENTIFIC SERVICES

The purpose is to provide analysis of illicit and licit drugs, unknown substances, and fire

debris evidence.

Total Funds

$12,460,701

State Funds

$12,460,701

State General Funds

$12,460,701

TUESDAY, MARCH 29, 2005

3973

CRIMINAL JUSTICE INFORMATION SERVICES

The purpose is to provide fingerprint identification and processing of criminal history

source documents to create and update criminal history records.

Total Funds

$8,722,470

State Funds

$8,722,470

State General Funds

$8,722,470

GEORGIA INFORMATION SHARING AND ANALYSIS CENTER

The purpose 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

$775,258

State Funds

$775,258

State General Funds

$775,258

REGIONAL FORENSIC SERVICES

The purpose is to provide pathology services to determine cause and manner of death.

Total Funds

$7,040,106

State Funds

$7,040,106

State General Funds

$7,040,106

REGIONAL INVESTIGATIVE SERVICES

The purpose is to identify, collect, preserve, and process evidence located during crime

scene examinations.

Total Funds

$19,789,518

State Funds

$19,789,518

State General Funds

$19,789,518

SPECIAL OPERATIONS UNIT

Personnel respond on a statewide basis in order to render safe explosive devices of all

types. Members of the unit also assist in the identification, arrest and prosecution of

individuals.

Total Funds

$673,951

State Funds

$673,951

State General Funds

$673,951

STATE HEALTHCARE FRAUD UNIT

The purpose is to identify, arrest and prosecute providers of health care services who

defraud the Medicaid Program.

Total Funds

$1,092,276

State Funds

$1,092,276

State General Funds

$1,092,276

3974

JOURNAL OF THE HOUSE

TASK FORCES

The purpose is to provide the GBI supervisory support to 12 federally funded multi-

jurisdictional drug task forces.

Total Funds

$1,173,347

State Funds

$1,173,347

State General Funds

$1,173,347

CRIMINAL JUSTICE COORDINATING COUNCIL

The purpose is to improve and coordinate criminal justice efforts throughout Georgia,

help create safe and secure communities, and to award grants from the Local Law

Enforcement and Firefighter Fund.

Total Funds

$35,366,742

Non-State Funds

$34,548,113

Agency Funds

$4,671,438

Federal Funds Not Specifically Identified

$29,876,675

State Funds

$818,629

State General Funds

$818,629

Section 29: Juvenile Justice, Department of Total Funds Non State Funds Federal Funds Not Specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments

$305,705,494 $20,941,027 $2,570,056 $18,370,971 $284,564,467 $284,564,467 $200,000 $200,000

COMMUNITY SUPERVISION

The purpose is to protect the public, hold youth accountable for their actions, and assist

youth in becoming law-abiding citizens.

Total Funds

$41,050,899

Non-State Funds

$4,347,003

Agency Funds

$4,347,003

State Funds

$36,703,896

State General Funds

$36,703,896

DEPARTMENTAL ADMINISTRATION

The purpose is to protect and serve the citizens of Georgia by holding youthful offenders

accountable for their actions through the delivery of effective services in appropriate

settings.

Total Funds

$25,769,483

Non-State Funds

$198,219

TUESDAY, MARCH 29, 2005

3975

Agency Funds State Funds
State General Funds

$198,219 $25,571,264 $25,571,264

NON-SECURE COMMITMENT

The purpose is to protect the public, hold youth accountable for their actions and assist

youth in becoming law-abiding citizens by providing non-hardware secure community-

based residential placement or services for committed youth.

Total Funds

$49,296,263

Non-State Funds

$10,002,619

Agency Funds

$10,002,619

State Funds

$39,293,644

State General Funds

$39,293,644

NON-SECURE DETENTION

The purpose is to protect the public and hold youth accountable for their actions by

providing temporary, non-secure, community-based placements and/or services for

lower-risk youth.

Total Funds

$7,954,669

State Funds

$7,954,669

State General Funds

$7,954,669

SECURE COMMITMENT (YDCS)

The purpose is to protect the public, hold youth accountable for their actions, and assist

juvenile offenders in becoming law-abiding citizens.

Total Funds

$88,945,239

Non-State Funds

$3,151,226

Agency Funds

$2,319,170

Federal Funds Not Specifically Identified

$832,056

State Funds

$85,594,013

State General Funds

$85,594,013

Intra-State Government Transfers

$200,000

Other Intra-State Government Payments

$200,000

SECURE DETENTION (RYDCS)

The purpose is to protect the public and hold youth accountable for their actions by

providing temporary, secure, safe care, and supervision of high-risk youth.

Total Funds

$89,629,283

Non-State Funds

$1,503,960

Agency Funds

$1,503,960

State Funds

$88,125,323

State General Funds

$88,125,323

3976

JOURNAL OF THE HOUSE

CHILDREN AND YOUTH COORDINATING COUNCIL

The purpose is to assist local communities in preventing and reducing juvenile

delinquency.

Total Funds

$3,059,658

Non-State Funds

$1,738,000

Federal Funds Not Specifically Identified

$1,738,000

State Funds

$1,321,658

State General Funds

$1,321,658

Section 30: Labor, Department of Total Funds Non State Funds Federal Funds Not Specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers

$354,639,446 $303,628,813 $260,744,594 $42,884,219
$51,010,633 $51,010,633
$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.

BUSINESS ENTERPRISE PROGRAM

The purpose is to assist people who are blind in becoming successful contributors to the

state's economy.

Total Funds

$1,649,973

Non-State Funds

$1,310,253

Federal Funds Not Specifically Identified

$1,310,253

State Funds

$339,720

State General Funds

$339,720

TUESDAY, MARCH 29, 2005

3977

DEPARTMENT OF LABOR ADMINISTRATION

The purpose is to work with public and private partners in building a world-class

workforce system that contributes to Georgia's economic prosperity.

Total Funds

$14,440,631

Non-State Funds

$10,859,309

Federal Funds Not Specifically Identified

$10,859,309

State Funds

$3,581,322

State General Funds

$3,581,322

DISABILITY ADJUDICATION SECTION

The purpose is to efficiently process applications for federal disability programs so that

eligible Georgia citizens can obtain support.

Total Funds

$55,598,820

Non-State Funds

$55,598,820

Federal Funds Not Specifically Identified

$55,598,820

DIVISION OF REHABILITATION ADMINISTRATION

The purpose is to help people with disabilities to become fully productive members of

society by achieving independence and meaningful employment.

Total Funds

$4,030,904

Non-State Funds

$1,481,868

Federal Funds Not Specifically Identified

$1,481,868

State Funds

$2,549,036

State General Funds

$2,549,036

GEORGIA INDUSTRIES FOR THE BLIND

The purpose is to employ people who are blind in manufacturing and packaging

facilities in Bainbridge and Griffin.

Total Funds

$11,791,723

Non-State Funds

$11,099,375

Agency Funds

$11,099,375

State Funds

$692,348

State General Funds

$692,348

LABOR MARKET INFORMATION

The purpose is to collect, analyze, and publish a wide array of information about the

state's labor market.

Total Funds

$2,921,144

Non-State Funds

$2,249,873

Federal Funds Not Specifically Identified

$2,249,873

State Funds

$671,271

State General Funds

$671,271

3978

JOURNAL OF THE HOUSE

ROOSEVELT WARM SPRINGS INSTITUTE

The purpose is to empower individuals with disabilities to achieve personal

independence.

Total Funds

$30,311,411

Non-State Funds

$24,169,628

Agency Funds

$18,077,411

Federal Funds Not Specifically Identified

$6,092,217

State Funds

$6,141,783

State General Funds

$6,141,783

SAFETY INSPECTIONS

The purpose 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

$2,832,554

Non-State Funds

$168,552

Federal Funds Not Specifically Identified

$168,552

State Funds

$2,664,002

State General Funds

$2,664,002

UNEMPLOYMENT INSURANCE

The purpose is to enhance Georgia's economic strength by collecting unemployment

insurance taxes from Georgia's employers and distributing unemployment benefits to

eligible claimants.

Total Funds

$46,666,872

Non-State Funds

$36,610,816

Federal Funds Not Specifically Identified

$36,610,816

State Funds

$10,056,056

State General Funds

$10,056,056

VOCATIONAL REHABILITATION PROGRAM

The purpose is to assist people with disabilities so that they may go to work.

Total Funds

$86,044,134

Non-State Funds

$69,464,924

Agency Funds

$3,306,216

Federal Funds Not Specifically Identified

$66,158,708

State Funds

$16,579,210

State General Funds

$16,579,210

WORKFORCE DEVELOPMENT

The purpose is to assist employers and job seekers with job matching services and to

promote economic growth and development.

Total Funds

$98,258,108

Non-State Funds

$90,615,395

TUESDAY, MARCH 29, 2005

3979

Agency Funds Federal Funds Not Specifically Identified State Funds State General Funds

$10,401,217 $80,214,178
$7,642,713 $7,642,713

COMMISSION ON WOMEN

The purpose is to advance health, education, economic, social and legal status of women

in Georgia.

Total Funds

$93,172

State Funds

$93,172

State General Funds

$93,172

Section 31: Law, Department of Total Funds Non State Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments

$35,461,015 $0
$13,659,592 $13,659,592 $21,801,423 $21,801,423

LAW, DEPARTMENT OF

The purpose 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.

Total Funds

$35,461,015

State Funds

$13,659,592

State General Funds

$13,659,592

Intra-State Government Transfers

$21,801,423

Other Intra-State Government Payments

$21,801,423

Section 32: State Merit System of Personnel Administration

Total Funds

$13,631,633

Non State Funds

$0

State Funds

$0

Intra-State Government Transfers

$13,631,633

Other Intra-State Government Payments

$13,631,633

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.

RECRUITMENT AND STAFFING SERVICES

The purpose is to provide a central point of contact for the general public.

Total Funds

$1,317,922

3980

JOURNAL OF THE HOUSE

Intra-State Government Transfers Other Intra-State Government Payments

$1,317,922 $1,317,922

SYSTEM ADMINISTRATION

The purpose is to provide administrative and technical support to the agency.

Total Funds

$4,081,054

Intra-State Government Transfers

$4,081,054

Other Intra-State Government Payments

$4,081,054

TOTAL COMPENSATION AND REWARDS

The purpose is to ensure fair and consistent employee compensation practices across

state agencies.

Total Funds

$5,031,196

Intra-State Government Transfers

$5,031,196

Other Intra-State Government Payments

$5,031,196

WORKFORCE DEVELOPMENT AND ALIGNMENT

The purpose is to provide continuous opportunities for state employees to grow and

develop professionally resulting in increased productivity for state agencies and entities.

Total Funds

$3,201,461

Intra-State Government Transfers

$3,201,461

Other Intra-State Government Payments

$3,201,461

Section 33: Motor Vehicle Safety, Department of Total Funds Non State Funds Federal Funds Not Specifically Identified Agency Funds Other Non-State Funds State Funds State General Funds Intra-State Government Transfers

$88,872,507 $10,611,577
$2,561,998 $7,196,898
$852,681 $78,260,930 $78,260,930
$0

COMMERCIAL VEHICLE AND HOV ENFORCEMENT

The purpose is to enforce high occupancy vehicle lane regulations and commercial

vehicles.

Total Funds

$13,688,255

Non-State Funds

$9,758,896

Agency Funds

$7,196,898

Federal Funds Not Specifically Identified

$2,561,998

State Funds

$3,929,359

State General Funds

$3,929,359

TUESDAY, MARCH 29, 2005

3981

DEPARTMENTAL ADMINISTRATION

The purpose is for administration of license issuance, motor vehicle registration, and

commercial truck compliance.

Total Funds

$4,948,415

State Funds

$4,948,415

State General Funds

$4,948,415

LICENSE ISSUANCE

The purpose is for the issuance of Georgia drivers license renewals through alternative

methods.

Total Funds

$42,559,311

Non-State Funds

$200,000

Other Non-State Funds

$200,000

State Funds

$42,359,311

State General Funds

$42,359,311

MOTORCYCLE SAFETY The purpose is to maintain and improve motorcycle safety.
Total Funds State Funds
State General Funds

$100,000 $100,000 $100,000

SALVAGE INSPECTION The purpose is for the inspection of rebuilt salvage vehicles.
Total Funds State Funds
State General Funds

$1,559,749 $1,559,749 $1,559,749

TAG AND TITLE REGISTRATION The purpose is to establish motor vehicle ownership.
Total Funds Non-State Funds
Other Non-State Funds State Funds
State General Funds

$26,016,777 $652,681 $652,681
$25,364,096 $25,364,096

Section 34: Natural Resources, Department of Total Funds Non State Funds Federal Funds Not Specifically Identified Agency Funds State Funds State General Funds

$194,199,329 $95,661,246 $72,827,264 $22,833,982 $98,464,233 $98,464,233

3982

JOURNAL OF THE HOUSE

Intra-State Government Transfers Other Intra-State Government Payments

$73,850 $73,850

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.

The above appropriations reflect receipts from Lake Lanier Island Development Authority in an amount of $1,331,931 for year 16 of 20 years; last payment being made June 15th, 2010, Jekyll Island State Park Authority - $260,844 for year 17 of 20 years; last payment being made June 15th, 2009, Jekyll Island Convention Center and Golf Course - $585,638 for year 12 of 20 years; last payment being made June 15th, 2014 and North Georgia Mountains Authority - $1,434,982 for year 12 of 20 years; last payment being made June 15th, 2014.

COASTAL RESOURCES

The purpose is to balance economic development in Georgia's coastal zone with the

preservation of natural, environmental, historic, archaeological, and recreational

resources for the benefit of Georgia's present and future generations.

Total Funds

$2,493,982

Non-State Funds

$170,862

Federal Funds Not Specifically Identified

$170,862

State Funds

$2,323,120

State General Funds

$2,323,120

DEPARTMENTAL ADMINISTRATION

The purpose of the program is to provide administrative support for all programs of the

department.

Total Funds

$8,719,847

Non-State Funds

$53,814

Federal Funds Not Specifically Identified

$53,814

State Funds

$8,666,033

State General Funds

$8,666,033

ENVIRONMENTAL PROTECTION

The purpose is to help provide Georgia's citizens with clean air, clean water, healthy

lives and productive land by assuring compliance with environmental laws and by

assisting others to do their part for a better environment.

Total Funds

$86,317,486

Non-State Funds

$60,109,698

TUESDAY, MARCH 29, 2005

3983

Agency Funds Federal Funds Not Specifically Identified State Funds State General Funds

$309,758 $59,799,940 $26,207,788 $26,207,788

HAZARDOUS WASTE TRUST FUND Investigate and clean up abandoned hazardous sites.
Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds

$7,673,850 $73,850 $73,850
$7,600,000 $7,600,000

HISTORIC PRESERVATION

The purpose is to identify, protect and preserve Georgia's historical sites for the

enjoyment of present and future generations.

Total Funds

$2,449,060

Non-State Funds

$544,351

Federal Funds Not Specifically Identified

$544,351

State Funds

$1,904,709

State General Funds

$1,904,709

LAND CONSERVATION

The purpose is to provide a framework within which developed and rapidly developing

counties, and their municipalities, can preserve community green space.

Total Funds

$415,605

State Funds

$415,605

State General Funds

$415,605

PARKS, RECREATION AND HISTORIC SITES

The purpose is to increase the public awareness of the opportunities at the state parks

and historic sites throughout Georgia.

Total Funds

$38,995,511

Non-State Funds

$21,506,940

Agency Funds

$18,635,848

Federal Funds Not Specifically Identified

$2,871,092

State Funds

$17,488,571

State General Funds

$17,488,571

POLLUTION PREVENTION ASSISTANCE The purpose is to reduce pollution by providing non-regulatory assistance.
Total Funds Non-State Funds

$677,763 $603,913

3984

JOURNAL OF THE HOUSE

Agency Funds Intra-State Government Transfers
Other Intra-State Government Payments

$603,913 $73,850 $73,850

SOLID WASTE TRUST FUND

Provides a funding source to administer the Scrap Tire Management Program, enables

emergency, preventative and corrective actions at solid waste disposal facilities, and

promotes statewide recycling and waste reduction programs.

Total Funds

$1,500,000

State Funds

$1,500,000

State General Funds

$1,500,000

WILDLIFE RESOURCES

The purpose is to regulate hunting, fishing, and the operation of watercraft in Georgia,

protect non-game and endangered wildlife, and maintain public education and law

enforcement programs.

Total Funds

$41,629,517

Non-State Funds

$12,265,605

Agency Funds

$2,952,250

Federal Funds Not Specifically Identified

$9,313,355

State Funds

$29,363,912

State General Funds

$29,363,912

PAYMENTS TO GEORGIA AGRICULTURAL EXPOSITION AUTHORITY

The purpose is to showcase the state's agriculture and agribusiness, promote the

agricultural achievement of Georgia's young people, provide a center for diverse

activities, and stage and promote a statewide fair.

Total Funds

$1,601,868

State Funds

$1,601,868

State General Funds

$1,601,868

PAYMENTS TO GEORGIA AGRIRAMA DEVELOPMENT AUTHORITY

The purpose 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

$820,514

State Funds

$820,514

State General Funds

$820,514

CIVIL WAR COMMISSION The purpose is to coordinate planning, preservation, and promotion of structures, buildings, sites, and battlefields associated with the Civil War and to acquire or provide funds for the acquisition of Civil War battlefields, cemeteries and other historic properties associated with the Civil War.

TUESDAY, MARCH 29, 2005

3985

Total Funds State Funds
State General Funds

$50,000 $50,000 $50,000

GEORGIA STATE GAMES COMMISSION The purpose is to improve the physical fitness of Georgians.
Total Funds Non-State Funds
Agency Funds State Funds
State General Funds

$382,362 $332,213 $332,213 $50,149 $50,149

PAYMENTS TO LAKE ALLATOONA PRESERVATION AUTHORITY

Total Funds

$100,000

State Funds

$100,000

State General Funds

$100,000

PAYMENTS TO SOUTHWEST GEORGIA RAILROAD EXCURSION

AUTHORITY

The purpose is to construct, finance, operate, and develop a rail passenger excursion

project utilizing any state owned railway in Crisp and Sumter counties and any nearby

county which may be included within the service area.

Total Funds

$371,964

State Funds

$371,964

State General Funds

$371,964

Section 35: Pardons and Paroles, State Board of Total Funds Non State Funds Federal Funds Not Specifically Identified Other Non-State Funds State Funds State General Funds Intra-State Government Transfers

$47,727,215 $100,000 $0 $100,000
$47,627,215 $47,627,215
$0

BOARD ADMINISTRATION The purpose is to provide administrative support for the agency.
Total Funds Non-State Funds
Other Non-State Funds State Funds
State General Funds

$4,426,255 $100,000 $100,000
$4,326,255 $4,326,255

3986

JOURNAL OF THE HOUSE

CLEMENCY DECISIONS

The purpose is to investigate offenders when they enter the corrections system and

make determinations about offender eligibility for parole.

Total Funds

$9,769,111

State Funds

$9,769,111

State General Funds

$9,769,111

PAROLE SUPERVISION

The purpose is for transitioning offenders from prison back into the community as

productive, law abiding citizens.

Total Funds

$33,015,382

State Funds

$33,015,382

State General Funds

$33,015,382

VICTIM SERVICES

The purpose of this program is to provide notification to victims of changes in offender

status or placement, to conduct outreach and information gathering from victim during

clemency proceedings and generally to act as a liaison to victims for the state

corrections system.

Total Funds

$516,467

State Funds

$516,467

State General Funds

$516,467

Section 36: Public Safety, Department of Total Funds Non State Funds Federal Funds Not Specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments

$99,740,989 $4,801,010 $3,166,937 $1,634,073 $91,788,544 $91,788,544 $3,151,435 $3,151,435

AVIATION

The purpose is to provide air support to the Georgia State Patrol and other state, federal,

and local agencies improving public safety for the citizens of Georgia.

Total Funds

$2,307,130

State Funds

$2,307,130

State General Funds

$2,307,130

CAPITOL POLICE SERVICES The purpose is to protect life and property, prevent and detect criminal acts, and enforce traffic regulations throughout the Capitol.

TUESDAY, MARCH 29, 2005

3987

Total Funds Intra-State Government Transfers
Other Intra-State Government Payments

$3,151,435 $3,151,435 $3,151,435

DEPARTMENTAL ADMINISTRATION

The purpose is to work cooperatively with all levels of government to provide a safe

environment for residents and visitors to our state.

Total Funds

$10,997,239

State Funds

$10,997,239

State General Funds

$10,997,239

EXECUTIVE SECURITY SERVICES

The purpose 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

$1,050,978

State Funds

$1,050,978

State General Funds

$1,050,978

FIELD OFFICES AND SERVICES

The purpose of 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

$59,086,195

State Funds

$59,086,195

State General Funds

$59,086,195

SPECIALIZED COLLISION RECONSTRUCTION TEAM

The purpose is to provide a means by which fatal crashes can be investigated

thoroughly by specially trained investigators and properly document evidence in

collisions to be used for successful court prosecution.

Total Funds

$2,150,997

State Funds

$2,150,997

State General Funds

$2,150,997

TROOP J SPECIALTY UNITS

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.

Total Funds

$2,264,535

State Funds

$2,264,535

State General Funds

$2,264,535

3988

JOURNAL OF THE HOUSE

HIGHWAY SAFETY, OFFICE OF

The purpose is to educate the public on highway safety issues and facilitate the

implementation of programs to reduce crashes, injuries and fatalities on Georgia

roadways.

Total Funds

$3,652,813

Non-State Funds

$3,166,937

Federal Funds Not Specifically Identified

$3,166,937

State Funds

$485,876

State General Funds

$485,876

PEACE OFFICER STANDARDS AND TRAINING COUNCIL, GEORGIA

The purpose is to provide the citizens of Georgia with qualified, professionally trained,

ethical and competent peace officers and criminal justice professionals.

Total Funds

$1,905,971

State Funds

$1,905,971

State General Funds

$1,905,971

FIREFIGHTER STANDARDS AND TRAINING COUNCIL, GEORGIA

The purpose is to provide minimum certification standards for all firefighters and public

safety professionals.

Total Funds

$551,565

State Funds

$551,565

State General Funds

$551,565

FIRE ACADEMY, GEORGIA The purpose is to provide professional training for firefighters.
Total Funds Non-State Funds
Agency Funds State Funds
State General Funds

$1,146,453 $152,680 $152,680 $993,773 $993,773

POLICE ACADEMY, GEORGIA

The purpose 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

$1,241,834

Non-State Funds

$121,094

Agency Funds

$121,094

State Funds

$1,120,740

State General Funds

$1,120,740

PUBLIC SAFETY TRAINING CENTER, GEORGIA The department is charged with the development, delivery and facilitation of training

TUESDAY, MARCH 29, 2005

3989

that results in professional and competent public safety services for the people of

Georgia.

Total Funds

$10,233,844

Non-State Funds

$1,360,299

Agency Funds

$1,360,299

State Funds

$8,873,545

State General Funds

$8,873,545

Section 37: Public Service Commission Total Funds Non State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers

$8,516,774 $273,311 $273,311
$8,243,463 $8,243,463
$0

COMMISSION ADMINISTRATION

The purpose is to assist the Commissioners and staff in achieving the agency's goals.

Total Funds

$1,401,396

State Funds

$1,401,396

State General Funds

$1,401,396

FACILITY PROTECTION

The purpose of this is to provide for the protection of the buried utility facility

infrastructure within the State of Georgia.

Total Funds

$938,475

Non-State Funds

$273,311

Federal Funds Not Specifically Identified

$273,311

State Funds

$665,164

State General Funds

$665,164

UTILITIES REGULATION

The purpose is to regulate intrastate telecommunications, natural gas, and electric

utilities.

Total Funds

$6,176,903

State Funds

$6,176,903

State General Funds

$6,176,903

Section 38: Regents, University System of Georgia Total Funds Non State Funds Agency Funds Other Non-State Funds

$4,466,365,855 $2,664,050,711 $1,166,241,151
$14,024,304

3990

JOURNAL OF THE HOUSE

Research Funds State Funds Tobacco Funds State General Funds Intra-State Government Transfers

$1,483,785,256 $1,802,315,144
$5,750,000 $1,796,565,144
$0

ADVANCED TECHNOLOGY DEVELOPMENT CENTER/ECONOMIC

DEVELOPMENT INSTITUTE

The purpose of this is to provide strategic business advice and connect its member

companies to the people and resources they need to succeed.

Total Funds

$22,346,381

Non-State Funds

$13,493,757

Agency Funds

$13,493,757

State Funds

$8,852,624

State General Funds

$8,852,624

AGRICULTURAL EXPERIMENT STATION

The purpose is to improve production, processing, new product development, food

safety, storage and marketing to increase profitability and global competitiveness.

Total Funds

$70,923,128

Non-State Funds

$32,441,262

Agency Funds

$10,441,262

Research Funds

$22,000,000

State Funds

$38,481,866

State General Funds

$38,481,866

ATHENS AND TIFTON VETERINARY LABORATORIES

The purpose is to ensure the safety of our food supply and the health of animals

(production, equine and companion) within the State of Georgia.

Total Funds

$4,695,512

Non-State Funds

$4,653,970

Research Funds

$4,653,970

State Funds

$41,542

State General Funds

$41,542

CENTER FOR ASSISTIVE TECHNOLOGY AND ENVIRONMENTAL

The purpose is to provide research and development activities to target the increase

function and independence of persons with disabilities.

Total Funds

$7,685,074

Non-State Funds

$7,358,994

Other Non-State Funds

$7,358,994

State Funds

$326,080

State General Funds

$326,080

TUESDAY, MARCH 29, 2005

3991

COOPERATIVE EXTENSION SERVICE

The purpose is to enhance the quality of life for Georgia's citizens through service,

learning and the adaptation of research based information.

Total Funds

$54,873,885

Non-State Funds

$23,094,137

Agency Funds

$10,094,137

Research Funds

$13,000,000

State Funds

$31,779,748

State General Funds

$31,779,748

FORESTRY COOPERATIVE EXTENSION

The purpose of this program is to provide conservation and sustainable management of

forests and other natural resources and to put into practice forestry and natural

resources knowledge.

Total Funds

$632,486

State Funds

$632,486

State General Funds

$632,486

FORESTRY RESEARCH

The purpose of this program is to provide to sustain competitiveness of Georgia's forest

products industry and private land owners through research and meet environmental

goals of sustainable forestry initiative.

Total Funds

$3,011,535

State Funds

$3,011,535

State General Funds

$3,011,535

GEORGIA RADIATION THERAPY CENTER The purpose is to provide patient care and education.
Total Funds Non-State Funds
Other Non-State Funds

$3,625,810 $3,625,810 $3,625,810

GEORGIA TECH RESEARCH INSTITUTE

The purpose is to aid in the promotion of scientific, engineering, and industrial research

for the advancement of science, technology and education in Georgia.

Total Funds

$129,760,053

Non-State Funds

$122,917,958

Agency Funds

$53,807,216

Research Funds

$69,110,742

State Funds

$6,842,095

State General Funds

$6,842,095

MARINE INSTITUTE

3992

JOURNAL OF THE HOUSE

The purpose is to understand the processes that affect the condition of the salt marsh

and coastline.

Total Funds

$1,690,798

Non-State Funds

$767,633

Agency Funds

$67,633

Research Funds

$700,000

State Funds

$923,165

State General Funds

$923,165

MARINE RESOURCES EXTENSION CENTER

The purpose is to transfer technology, provide training, and conduct applied research.

Total Funds

$2,611,550

Non-State Funds

$1,184,800

Agency Funds

$584,800

Research Funds

$600,000

State Funds

$1,426,750

State General Funds

$1,426,750

MEDICAL COLLEGE OF GEORGIA HOSPITAL AND CLINICS The purpose is to care, teach, and refer clients.
Total Funds Non-State Funds
Agency Funds State Funds
State General Funds

$31,703,580 $193,500 $193,500
$31,510,080 $31,510,080

OFFICE OF MINORITY BUSINESS ENTERPRISE

The purpose of this program is to provide assistance in the mitigation of factors that

place minority businesses in a disadvantaged position.

Total Funds

$860,499

State Funds

$860,499

State General Funds

$860,499

PUBLIC LIBRARIES

The purpose is to provide library services for Georgians and to award grants from the

Public Library Fund.

Total Funds

$38,257,751

Non-State Funds

$2,509,208

Agency Funds

$2,509,208

State Funds

$35,748,543

State General Funds

$35,748,543

PUBLIC SERVICE / SPECIAL FUNDING INITIATIVES

TUESDAY, MARCH 29, 2005

3993

The purpose is to provide leadership, service, and education. Total Funds State Funds Tobacco Funds State General Funds

$29,821,275 $29,821,275 $5,000,000 $24,821,275

REGENTS CENTRAL OFFICE

The purpose is to provide administrative support to all colleges and universities in the

university system.

Total Funds

$7,264,505

State Funds

$7,264,505

State General Funds

$7,264,505

RESEARCH CONSORTIUM

The purpose is to conduct research to further industry in the State of Georgia.

Total Funds

$21,287,489

State Funds

$21,287,489

Tobacco Funds

$750,000

State General Funds

$20,537,489

SKIDAWAY INSTITUTE OF OCEANOGRAPHY

The purpose is to provide a center of excellence in marine and ocean science research,

which expands the body of knowledge on marine environments.

Total Funds

$7,190,477

Non-State Funds

$5,633,000

Agency Funds

$1,520,000

Research Funds

$4,113,000

State Funds

$1,557,477

State General Funds

$1,557,477

STUDENT EDUCATION ENRICHMENT PROGRAM

The purpose of this program is to provide underrepresented Georgia residents the

opportunity to acquire educational experiences.

Total Funds

$304,035

State Funds

$304,035

State General Funds

$304,035

TEACHING

The purpose 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

$3,983,814,634

Non-State Funds

$2,425,252,391

Agency Funds

$1,052,605,347

3994

JOURNAL OF THE HOUSE

Other Non-State Funds Research Funds State Funds State General Funds

$3,039,500 $1,369,607,544 $1,558,562,243 $1,558,562,243

VETERINARY MEDICINE EXPERIMENT STATION

The purpose is to coordinate and conduct research on animal disease problems of

present and potential concern to Georgia's livestock and poultry industries.

Total Funds

$3,148,784

State Funds

$3,148,784

State General Funds

$3,148,784

VETERINARY MEDICINE TEACHING HOSPITAL

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

$7,178,173

Non-State Funds

$6,700,000

Agency Funds

$6,700,000

State Funds

$478,173

State General Funds

$478,173

PAYMENTS TO GEORGIA MILITARY COLLEGE

The purpose is to provide quality basic education funding for the grades 6-12 middle

school/high school.

Total Funds

$2,500,092

State Funds

$2,500,092

State General Funds

$2,500,092

PUBLIC TELECOMMUNICATIONS COMMISSION, GEORGIA

The purpose is to create, produce and distribute high quality programs and services that

educate, inform and entertain our audiences and enrich the quality of their lives.

Total Funds

$31,178,349

Non-State Funds

$14,224,291

Agency Funds

$14,224,291

State Funds

$16,954,058

State General Funds

$16,954,058

Section 39: Revenue, Department of Total Funds Non State Funds Agency Funds Other Non-State Funds

$520,925,914 $6,352,667 $5,925,898 $426,769

TUESDAY, MARCH 29, 2005

3995

State Funds Tobacco Funds State General Funds Intra-State Government Transfers

$514,573,247 $150,000
$514,423,247 $0

CUSTOMER SERVICE

The purpose is to assure that all state revenue collection activities proceed in a manner

consistent with promoting voluntary compliance and the Taxpayer Bill of Rights.

Total Funds

$11,749,607

Non-State Funds

$2,110,135

Agency Funds

$2,110,135

State Funds

$9,639,472

State General Funds

$9,639,472

DEPARTMENTAL ADMINISTRATION

The purpose is to administer and enforce the tax laws of the State of Georgia and

provide general support services to the operating programs of the Department of

Revenue.

Total Funds

$3,858,865

State Funds

$3,858,865

State General Funds

$3,858,865

GRANTS AND DISTRIBUTION

The purpose is to administer, collect, and distribute all local sales taxes in Georgia and

to provide state retirement benefits to local tax officials and their staffs.

Total Funds

$8,825,027

State Funds

$8,825,027

State General Funds

$8,825,027

HOMEOWNER TAX RELIEF GRANTS

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.

Total Funds

$432,290,501

State Funds

$432,290,501

State General Funds

$432,290,501

INDUSTRY REGULATION

The purpose is to provide regulation of the distribution, sale, and consumption of

alcoholic beverages, tobacco products and to ensure all coin operated amusement

machines are properly licensed and decaled.

Total Funds

$4,516,392

State Funds

$4,516,392

3996

JOURNAL OF THE HOUSE

Tobacco Funds State General Funds

$150,000 $4,366,392

REVENUE PROCESSING The purpose is to ensure that all tax payments are received, credited, and deposited according to sound business practices and the law, and to ensure that all tax returns are reviewed and recorded to accurately update taxpayer information.

Total Funds Non-State Funds
Other Non-State Funds State Funds
State General Funds

$29,140,099 $426,769 $426,769
$28,713,330 $28,713,330

STATE BOARD OF EQUALIZATION

The purpose 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

State Funds

$5,000

State General Funds

$5,000

TAX COMPLIANCE

The purpose is to ensure that all taxpayers pay the correct amount of taxes owed under

the law.

Total Funds

$30,540,423

Non-State Funds

$3,815,763

Agency Funds

$3,815,763

State Funds

$26,724,660

State General Funds

$26,724,660

Section 40: Secretary of State Total Funds Non State Funds Agency Funds Other Non-State Funds State Funds State General Funds Intra-State Government Transfers

$35,531,729 $1,493,584 $1,064,350 $429,234 $34,038,145 $34,038,145 $0

ARCHIVES AND RECORDS The purpose is to assist State Agencies in adequately documenting their activities,

TUESDAY, MARCH 29, 2005

3997

administering their records management programs, scheduling their records and

transferring their non-current records to the State Records Center.

Total Funds

$6,360,254

Non-State Funds

$504,234

Agency Funds

$75,000

Other Non-State Funds

$429,234

State Funds

$5,856,020

State General Funds

$5,856,020

CAPITOL EDUCATION CENTER

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

$151,672

State Funds

$151,672

State General Funds

$151,672

CORPORATIONS

The Corporations Division accepts and reviews filings made pursuant to the above

enumerated statutes. The division issues certifications of records on file and provides

general information to the public on approximately 590,000 filed entities.

Total Funds

$2,052,284

Non-State Funds

$739,350

Agency Funds

$739,350

State Funds

$1,312,934

State General Funds

$1,312,934

ELECTIONS

The purpose is to administer all duties imposed upon the Secretary of State by the above

cited Georgia federal laws by providing all required filing and public information

services, performing all certification and commissioning duties required by law and

assisting candidates, local governments, and citizens in interpreting and complying with

all election, voter registration and financial disclosure laws.

Total Funds

$5,671,597

Non-State Funds

$20,000

Agency Funds

$20,000

State Funds

$5,651,597

State General Funds

$5,651,597

OFFICE ADMINISTRATION

The purpose of the Administration Division is to provide administrative support to the

Office of Secretary of State and its attached agencies.

Total Funds

$4,672,318

3998

JOURNAL OF THE HOUSE

Non-State Funds Agency Funds
State Funds State General Funds

$30,000 $30,000 $4,642,318 $4,642,318

PROFESSIONAL LICENSING BOARDS

The purpose is to protect the public health and welfare by supporting all operations of

Boards which license professions.

Total Funds

$9,468,609

Non-State Funds

$150,000

Agency Funds

$150,000

State Funds

$9,318,609

State General Funds

$9,318,609

SECURITIES

The purpose is to provide for registration, compliance and enforcement of the above

provisions of the Georgia Codes, and to provide information to the public regarding

subjects of such codes.

Total Funds

$2,011,222

Non-State Funds

$50,000

Agency Funds

$50,000

State Funds

$1,961,222

State General Funds

$1,961,222

DRUGS AND NARCOTICS AGENCY, GEORGIA

The purpose 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

$1,288,769

State Funds

$1,288,769

State General Funds

$1,288,769

COMMISSION ON THE HOLOCAUST, GEORGIA

The purpose 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

$245,915

State Funds

$245,915

State General Funds

$245,915

REAL ESTATE COMMISSION The purpose is to administer the license law that regulates brokers, salespersons, and community association managers.

TUESDAY, MARCH 29, 2005

3999

Total Funds State Funds
State General Funds

$2,891,088 $2,891,088 $2,891,088

STATE ETHICS COMMISSION

The purpose 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

$718,001

State Funds

$718,001

State General Funds

$718,001

Section 41: Soil and Water Conservation Commission Total Funds Non State Funds Federal Funds Not Specifically Identified Agency Funds Other Non-State Funds State Funds State General Funds Intra-State Government Transfers

$6,048,313 $2,342,117
$476,405 $1,865,537
$175 $3,706,196 $3,706,196
$0

COMMISSION ADMINISTRATION

The purpose is to protect, conserve, and improve the soil and water resources of the

State of Georgia.

Total Funds

$583,273

Non-State Funds

$175

Other Non-State Funds

$175

State Funds

$583,098

State General Funds

$583,098

CONSERVATION OF AGRICULTURAL WATER SUPPLIES

The purpose is to conserve the use of Georgia's ground and surface water by

agricultural water users.

Total Funds

$1,928,869

Non-State Funds

$1,701,537

Agency Funds

$1,701,537

State Funds

$227,332

State General Funds

$227,332

CONSERVATION OF SOIL AND WATER RESOURCES The purpose is to conserve Georgia's rich natural resources through voluntary implementation of conservation best management practices on agricultural lands.

4000

JOURNAL OF THE HOUSE

Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified State Funds State General Funds

$1,666,099 $573,405 $164,000 $409,405
$1,092,694 $1,092,694

U.S.D.A. FLOOD CONTROL WATERSHED STRUCTURES

The purpose is to provide flood retarding, water quality, recreation, and water supply

benefits to Georgia citizens.

Total Funds

$19,655

State Funds

$19,655

State General Funds

$19,655

WATER RESOURCES AND LAND USE PLANNING

The purpose is to improve the understanding of water use and to develop plans that

improve water management and efficiency.

Total Funds

$1,850,417

Non-State Funds

$67,000

Federal Funds Not Specifically Identified

$67,000

State Funds

$1,783,417

State General Funds

$1,783,417

Section 42: Student Finance Commission and Authority, Georgia

Total Funds

$560,009,290

Non State Funds

$520,653

Federal Funds Not Specifically Identified

$520,653

State Funds

$559,488,637

Lottery Funds

$521,548,450

State General Funds

$37,940,187

Intra-State Government Transfers

$0

ACCEL

The purpose is to allow students to pursue post-secondary study at approved public and

private post-secondary institutions, while receiving dual high school and college credit

for courses successfully completed.

Total Funds

$6,000,000

State Funds

$6,000,000

Lottery Funds

$6,000,000

ENGINEER SCHOLARSHIP The purpose is to provide forgivable loans to Georgia residents who are engineering students at Mercer University (Macon campus) and retain those students as engineers

TUESDAY, MARCH 29, 2005

4001

in the State. Total Funds State Funds Lottery Funds

$760,000 $760,000 $760,000

GEORGIA MILITARY COLLEGE SCHOLARSHIP

The purpose is to provide outstanding students with a full scholarship to attend Georgia

Military College, thereby strengthening Georgia's National Guard with their

membership.

Total Funds

$770,477

State Funds

$770,477

Lottery Funds

$770,477

GOVERNOR'S SCHOLARSHIP PROGRAM

The purpose is to recognize graduating Georgia High School seniors who are a

valedictorian or STAR student of their class by providing a scholarship to attend an

eligible post-secondary institution in Georgia.

Total Funds

$2,329,200

State Funds

$2,329,200

State General Funds

$2,329,200

GUARANTEED EDUCATIONAL LOANS

The purpose is to provide service cancelable loans to students enrolled in critical fields

of study, which include nursing, physical therapy and pharmacy.

Total Funds

$3,799,883

State Funds

$3,799,883

State General Funds

$3,799,883

HOPE ADMINISTRATION

The purpose is to provide scholarships that reward students with financial assistance in

degree, diploma, and certificate programs at eligible Georgia public and private colleges

and universities, and public technical colleges.

Total Funds

$5,111,697

State Funds

$5,111,697

Lottery Funds

$5,111,697

HOPE GED

The purpose is to award a $500 voucher once to each student receiving a general

educational development diploma awarded by the Georgia Department of Technical and

Adult Education.

Total Funds

$2,840,694

State Funds

$2,840,694

Lottery Funds

$2,840,694

4002

JOURNAL OF THE HOUSE

HOPE GRANT

The purpose is to provide grants to students seeking a diploma or certificate at a public

post-secondary institution.

Total Funds

$122,784,173

State Funds

$122,784,173

Lottery Funds

$122,784,173

HOPE SCHOLARSHIPS - PRIVATE SCHOOLS

The purpose is to provide merit scholarships to students seeking an associate or

baccalaureate degree at an eligible private post-secondary institution.

Total Funds

$45,751,850

State Funds

$45,751,850

Lottery Funds

$45,751,850

HOPE SCHOLARSHIPS - PUBLIC SCHOOLS

The purpose is to provide merit scholarships to students seeking an associate or

baccalaureate degree at an eligible public post-secondary institution.

Total Funds

$326,011,143

State Funds

$326,011,143

Lottery Funds

$326,011,143

LAW ENFORCEMENT DEPENDENTS GRANT

The purpose is to provide educational grant assistance to the children of Georgia law

enforcement officers, firefighters, and prison guards who were permanently disabled or

killed in the line of duty, to attend an eligible private or public post secondary institution

in Georgia.

Total Funds

$50,911

State Funds

$50,911

State General Funds

$50,911

LEVERAGING EDUCATIONAL ASSISTANCE PARTNERSHIP PROGRAM

The purpose is to provide educational grant assistance to residents of Georgia who

demonstrate substantial financial need to attend eligible post-secondary institutions in

Georgia.

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

NORTH GEORGIA MILITARY SCHOLARSHIP GRANTS The purpose is to provide outstanding students with a full scholarship to attend North Georgia College and State University, thereby strengthening Georgia's Army National

TUESDAY, MARCH 29, 2005

4003

Guard with their membership. Total Funds State Funds State General Funds

$683,951 $683,951 $683,951

NORTH GEORGIA ROTC GRANTS

The purpose is to provide Georgia residents with non-repayable financial assistance to

attend North Georgia College and State University and to participate in the Reserve

Officers Training Corps program.

Total Funds

$432,479

State Funds

$432,479

State General Funds

$432,479

PROMISE II SCHOLARSHIP

The purpose is to assist paraprofessionals and instructional aides who worked in

Georgia public schools throughout the 1999-2000 school year, by providing funds to

assist with their educational expenses in the form of a service-obligation scholarship.

Total Funds

$74,590

State Funds

$74,590

Lottery Funds

$74,590

PROMISE SCHOLARSHIP

The purpose is to provide forgivable loans to students in their junior and senior year who

aspire to be teachers in Georgia public schools.

Total Funds

$5,855,278

State Funds

$5,855,278

Lottery Funds

$5,855,278

PUBLIC MEMORIAL SAFETY GRANT

The purpose is to provide educational grant assistance to the children of Georgia law

enforcement officers, fire fighters, EMTs, correctional officers, and prison guards who

were permanently disabled or killed in the line of duty, to attend a public post-secondary

institution in the State of Georgia.

Total Funds

$255,850

State Funds

$255,850

Lottery Funds

$255,850

TEACHER SCHOLARSHIP

The purpose is to provide forgivable loans to teachers seeking advanced education

degrees in critical shortage fields of study.

Total Funds

$5,332,698

State Funds

$5,332,698

Lottery Funds

$5,332,698

4004

JOURNAL OF THE HOUSE

TUITION EQUALIZATION GRANTS

The purpose is to promote the private segment of higher education in Georgia by

providing non-repayable grant aid to Georgia residents who attend eligible private post-

secondary institutions.

Total Funds

$29,031,802

State Funds

$29,031,802

State General Funds

$29,031,802

NONPUBLIC POSTSECONDARY EDUCATION COMMISSION

The purpose is to authorize private post-secondary schools in Georgia; provide

transcripts for students who attended schools that closed; resolve complaints.

Total Funds

$645,204

State Funds

$645,204

State General Funds

$645,204

Section 43: Teachers' Retirement System Total Funds Non State Funds State Funds State General Funds Intra-State Government Transfers Retirement Payments

$21,318,384 $0
$1,980,000 $1,980,000 $19,338,384 $19,338,384

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.

FLOOR/COLA, LOCAL SYSTEM FUND

The purpose is to provide retirees from local retirement systems a minimum allowance

upon retirement and a post-retirement benefit adjustment whenever such adjustment is

granted to teachers who retired under the Teacher's Retirement System.

Total Funds

$1,980,000

State Funds

$1,980,000

State General Funds

$1,980,000

SYSTEM ADMINISTRATION

The purpose is to provide all services to active members, including: service purchases,

refunds, retirement counseling, and new retirement processing.

Total Funds

$19,338,384

Intra-State Government Transfers

$19,338,384

Retirement Payments

$19,338,384

Section 44: Technical Education, Department of Total Funds

$396,324,918

TUESDAY, MARCH 29, 2005

4005

Non State Funds Federal Funds Not Specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers

$75,747,117 $19,814,459 $55,932,658 $320,577,801 $320,577,801
$0

ADULT LITERACY

The purpose 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

$19,996,669

Non-State Funds

$8,143,219

Agency Funds

$1,121,886

Federal Funds Not Specifically Identified

$7,021,333

State Funds

$11,853,450

State General Funds

$11,853,450

DEPARTMENTAL ADMINISTRATION

The purpose is to contribute to the economic, educational, and community development

of Georgia by providing quality technical education, adult literacy education, continuing

education, and customized business and industry workforce training to the citizens of

Georgia.

Total Funds

$4,728,848

State Funds

$4,728,848

State General Funds

$4,728,848

QUICK START AND CUSTOMIZED SERVICES

The purpose is to provide a number of programs and services designed to assist

businesses and industries with their training needs.

Total Funds

$11,889,779

State Funds

$11,889,779

State General Funds

$11,889,779

TECHNICAL EDUCATION

The purpose 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

$359,709,622

Non-State Funds

$67,603,898

Agency Funds

$54,810,772

4006

JOURNAL OF THE HOUSE

Federal Funds Not Specifically Identified State Funds
State General Funds

$12,793,126 $292,105,724 $292,105,724

Section 45: Transportation, Department of Total Funds Non State Funds Federal Funds Not Specifically Identified Agency Funds Other Non-State Funds Fed Highway Admin - Highway Planning Construction Fed Transit Admin - Capital Investment Grants State Funds Motor Fuel Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments

$1,768,233,578 $1,149,375,178
$6,000,000 $8,799,470 $21,717,277 $1,100,000,000 $12,858,431 $618,200,605 $604,380,000 $13,820,605
$657,795 $657,795

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.) Programs 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 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

TUESDAY, MARCH 29, 2005

4007

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.

AIR TRANSPORTATION

The purpose is to provide transportation to state officials and companies considering a

move to Georgia and conducting aerial photography flights.

Total Funds

$2,012,623

State Funds

$1,354,828

State General Funds

$1,354,828

Intra-State Government Transfers

$657,795

Other Intra-State Government Payments

$657,795

AIRPORT AID

The purpose is to support statewide economic development by providing the

infrastructure for a safe, efficient, and adequate air transportation system and to award

grants from the Airport Fund.

Total Funds

$11,459,409

Non-State Funds

$6,000,000

Federal Funds Not Specifically Identified

$6,000,000

State Funds

$5,459,409

State General Funds

$5,459,409

DATA COLLECTION, COMPLIANCE AND REPORTING

The purpose is to provide quality transportation data products in the appropriate format

within an acceptable timeframe that meets the needs of the state's business partners.

Total Funds

$5,581,135

Non-State Funds

$4,013,605

Agency Funds

$62,257

Other Non-State Funds

$52,844

Federal Highway Administration Highway Planning and

$3,898,504

Construction

State Funds

$1,567,530

State Motor Fuel

$1,567,530

DEPARTMENTAL ADMINISTRATION

The purpose is to plan, construct, maintain, and improve the state's roads and bridges;

provide planning and financial support for other modes of transportation such as mass

transit and airports; provide airport and air safety planning; and provide air travel to

state departments.

Total Funds

$52,901,044

4008

JOURNAL OF THE HOUSE

Non-State Funds Agency Funds Other Non-State Funds Federal Highway Administration Highway Planning and
Construction State Funds
State Motor Fuel State General Funds

$11,521,996 $816,960
$1,393,081 $9,311,955
$41,379,048 $41,279,048
$100,000

LOCAL ROAD ASSISTANCE

The purpose is for contracts with local governments to assist in the construction and

reconstruction of their road, bridge, and street systems.

Total Funds

$159,922,919

Non-State Funds

$71,157,997

Agency Funds

$677,243

Other Non-State Funds

$3,001,277

Federal Highway Administration Highway Planning and

$67,479,477

Construction

State Funds

$88,764,922

State Motor Fuel

$88,764,922

PORTS AND WATERWAYS

The purpose is to maintain the navigability of the Atlantic Intracoastal Waterway and

Georgia's deep water ports to promote international trade.

Total Funds

$1,119,230

State Funds

$1,119,230

State General Funds

$1,119,230

RAIL

The purpose is to oversee the construction, financing, operation, and development of rail

passenger, freight service, and other public transportation projects within and without

the state of Georgia.

Total Funds

$657,658

State Funds

$657,658

State General Funds

$657,658

STATE HIGHWAY SYSTEM CONSTRUCTION AND IMPROVEMENT

The purpose is to ensure a safe and efficient transportation system.

Total Funds

$1,080,409,721

Non-State Funds

$856,780,997

Agency Funds

$165,000

Other Non-State Funds

$10,404,488

Federal Highway Administration Highway Planning and

$846,211,509

Construction

TUESDAY, MARCH 29, 2005

4009

State Funds State Motor Fuel

$223,628,724 $223,628,724

STATE HIGHWAY SYSTEM MAINTENANCE The purpose is to coordinate all statewide maintenance activities.
Total Funds Non-State Funds
Agency Funds Other Non-State Funds Federal Highway Administration Highway Planning and Construction State Funds State Motor Fuel

$335,754,789 $157,794,621
$3,049,770 $6,286,801 $148,458,050
$177,960,168 $177,960,168

STATE HIGHWAY SYSTEM OPERATIONS

The purpose is to ensure a safe and efficient transportation system statewide by traffic

engineering and traffic management.

Total Funds

$46,424,679

Non-State Funds

$29,245,531

Agency Funds

$4,026,240

Other Non-State Funds

$578,786

Federal Highway Administration Highway Planning and

$24,640,505

Construction

State Funds

$17,179,148

State Motor Fuel

$17,179,148

TRANSIT

The purpose 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

$17,989,911

Non-State Funds

$12,860,431

Agency Funds

$2,000

Federal Transit Administration Capital Investment Grants

$12,858,431

State Funds

$5,129,480

State General Funds

$5,129,480

PAYMENTS TO THE STATE ROAD AND TOLLWAY AUTHORITY

The purpose is to provide funds through State Road and Tollway Authority for Bond

Trustees for debt service payments on Guaranteed Revenue Bonds.

Total Funds

$54,000,460

State Funds

$54,000,460

State Motor Fuel

$54,000,460

4010

JOURNAL OF THE HOUSE

Section 46: Veterans Service, Department of Total Funds Non State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers

$32,084,071 $10,743,716 $10,743,716 $21,340,355 $21,340,355
$0

DEPARTMENTAL ADMINISTRATION

The purpose is to coordinate, manage and supervise all aspects of department

operations to include financial, public information, personnel, accounting, purchasing,

supply, mail, records management, and information technology.

Total Funds

$755,909

Non-State Funds

$79,875

Federal Funds Not Specifically Identified

$79,875

State Funds

$676,034

State General Funds

$676,034

GEORGIA VETERANS MEMORIAL CEMETERY

The purpose is to provide for the internment of eligible Georgia Veterans who served

faithfully and honorably in the military service of our country.

Total Funds

$297,683

State Funds

$297,683

State General Funds

$297,683

GEORGIA WAR VETERANS NURSING HOME - AUGUSTA

The purpose is to provide skilled nursing care to aged and infirmed Georgia Veterans;

and to also serve as a teaching facility for the Medical College of Georgia.

Total Funds

$7,541,980

Non-State Funds

$3,104,750

Federal Funds Not Specifically Identified

$3,104,750

State Funds

$4,437,230

State General Funds

$4,437,230

GEORGIA WAR VETERANS NURSING HOME - MILLEDGEVILLE

The purpose is to provide both skilled nursing and domiciliary care to aged and infirmed

Georgia war veterans.

Total Funds

$17,617,375

Non-State Funds

$7,225,135

Federal Funds Not Specifically Identified

$7,225,135

State Funds

$10,392,240

State General Funds

$10,392,240

TUESDAY, MARCH 29, 2005

4011

VETERANS BENEFITS

The purpose is to serve Georgia's veterans, their dependents and survivors in all matters

pertaining to veterans benefits by informing the veterans and their families about

veterans benefits, and directly assisting and advising them in securing the benefits to

which they are entitled.

Total Funds

$5,871,124

Non-State Funds

$333,956

Federal Funds Not Specifically Identified

$333,956

State Funds

$5,537,168

State General Funds

$5,537,168

Section 47: Workers' Compensation, State Board of Total Funds Non State Funds Agency Funds State Funds State General Funds Intra-State Government Transfers

$15,937,280 $240,000 $240,000
$15,697,280 $15,697,280
$0

ADMINISTER THE WORKERS' COMPENSATION LAWS

The purpose is to provide exclusive remedy for resolution of disputes in the Georgia

Workers' Compensation law.

Total Funds

$9,366,793

State Funds

$9,366,793

State General Funds

$9,366,793

BOARD ADMINISTRATION

The purpose is to provide superior access to the Georgia Workers' Compensation

program for injured workers and employers in a manner that is sensitive, responsive,

and effective.

Total Funds

$6,570,487

Non-State Funds

$240,000

Agency Funds

$240,000

State Funds

$6,330,487

State General Funds

$6,330,487

Section 48: General Obligation Debt Sinking Fund Total Funds Non State Funds State Funds Motor Fuel Funds State General Funds Intra-State Government Transfers

$937,910,340 $0
$937,910,340 $185,620,000 $752,290,340
$0

4012

JOURNAL OF THE HOUSE

GENERAL OBLIGATION DEBT SINKING FUND - ISSUED Total Funds State Funds State Motor Fuel State General Funds

$749,590,893 $749,590,893 $155,000,000 $594,590,893

GENERAL OBLIGATION DEBT SINKING FUND - NEW Total Funds State Funds State Motor Fuel State General Funds

$83,712,589 $83,712,589 $30,620,000 $53,092,589

Bond #1: From the appropriation designated "State General Funds (New)", $4,252,920 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 $50,630,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

Bond #2: From the appropriation designated "State General Funds (New)", $420,000 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 $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

Bond #3: From the appropriation designated "State General Funds (New)", $85,050 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 $1,012,500 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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4013

Bond #4: From the appropriation designated "State General Funds (New)", $226,464 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 $2,696,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #5: From the appropriation designated "State General Funds (New)", $172,116 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 $2,049,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #6: From the appropriation designated "State General Funds (New)", $106,344 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 $1,266,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #7: From the appropriation designated "State General Funds (New)", $348,075 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 $1,575,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

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Bond #8: From the appropriation designated "State General Funds (New)", $176,800 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 $800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Bond #9: From the appropriation designated "State General Funds (New)", $335,920 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 $1,520,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Bond #10: From the appropriation designated "State General Funds (New)", $546,000 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 $6,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #11: From the appropriation designated "State General Funds (New)", $420,000 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 $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #12:

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4015

From the appropriation designated "State General Funds (New)", $192,360 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 $2,290,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #13: From the appropriation designated "State General Funds (New)", $411,600 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 $4,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #14: From the appropriation designated "State General Funds (New)", $411,600 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 $4,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #15: From the appropriation designated "State General Funds (New)", $336,000 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 $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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Bond #16: From the appropriation designated "State General Funds (New)", $420,000 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 $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #17: From the appropriation designated "State General Funds (New)", $420,000 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 $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #18: From the appropriation designated "State General Funds (New)", $67,200 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 $800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #19: From the appropriation designated "State General Funds (New)", $420,000 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 $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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4017

Bond #20: From the appropriation designated "State General Funds (New)", $416,640 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 $4,960,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #21: From the appropriation designated "State General Funds (New)", $243,600 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 $2,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #22: From the appropriation designated "State General Funds (New)", $86,940 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 Henry County McDonough Public Library for that library, through the issuance of not more than $1,035,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #23: From the appropriation designated "State General Funds (New)", $68,040 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 Auburn Public Library for that library, through the issuance of not more than $810,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #24: From the appropriation designated "State General Funds (New)", $148,260 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

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Tifton-Tift County Public Library for that library, through the issuance of not more than $1,765,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #25: From the appropriation designated "State General Funds (New)", $168,000 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 Gilmer 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.
Bond #26: From the appropriation designated "State General Funds (New)", $84,000 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 Hall County Public Library for that library, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #27: From the appropriation designated "State General Funds (New)", $106,680 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 Tyrone Public Library for that library, through the issuance of not more than $1,270,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #28: From the appropriation designated "State General Funds (New)", $1,657,500 is specifically appropriated for the purpose of financing projects and facilities for the Technical and Adult Education, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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.
Bond #29: From the appropriation designated "State General Funds (New)", $53,340 is specifically appropriated for the purpose of financing projects and facilities for the Technical and Adult Education, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land,

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4019

waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $635,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #30: From the appropriation designated "State General Funds (New)", $100,800 is specifically appropriated for the purpose of financing projects and facilities for the Technical and Adult Education, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #31: From the appropriation designated "State General Funds (New)", $44,200 is specifically appropriated for the purpose of financing projects and facilities for the Technical and Adult Education, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Bond #32: From the appropriation designated "State General Funds (New)", $537,600 is specifically appropriated for the purpose of financing projects and facilities for the Technical and Adult Education, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #33: From the appropriation designated "State General Funds (New)", $15,960 is specifically appropriated for the purpose of financing projects and facilities for the Technical and Adult Education, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land,

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waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $190,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #34: From the appropriation designated "State General Funds (New)", $2,013,060 is specifically appropriated for the purpose of financing projects and facilities for the Technical and Adult Education, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $23,965,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #35: From the appropriation designated "State General Funds (New)", $120,960 is specifically appropriated for the purpose of financing projects and facilities for the Technical and Adult Education, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,440,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #36: From the appropriation designated "State General Funds (New)", $255,780 is specifically appropriated for the purpose of financing projects and facilities for the Natural Resources, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,045,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #37: From the appropriation designated "State General Funds (New)", $640,900 is specifically appropriated for the purpose of financing projects and facilities for the State Forestry Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways,

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4021

buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Bond #38: From the appropriation designated "State General Funds (New)", $84,000 is specifically appropriated for the purpose of financing projects and facilities for the State Forestry Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #39: From the appropriation designated "State General Funds (New)", $2,226,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $26,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #40: From the appropriation designated "State General Funds (New)", $588,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #41: From the appropriation designated "State General Funds (New)", $1,228,500 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 $14,625,000 in principal amount of General Obligation Debt, the instruments of which shall have

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JOURNAL OF THE HOUSE

maturities not in excess of two hundred and forty months.
Bond #42: From the appropriation designated "State General Funds (New)", $489,515 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 $2,215,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Bond #43: From the appropriation designated "State General Funds (New)", $552,500 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 $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Bond #44: From the appropriation designated "State General Funds (New)", $446,880 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 $5,320,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #45: From the appropriation designated "State General Funds (New)", $7,039,200 is specifically appropriated for the purpose of financing projects and facilities for the Transportation, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $83,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #46:

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4023

From the appropriation designated "State General Funds (New)", $543,480 is specifically appropriated for the purpose of financing projects and facilities for the Transportation, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,470,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #47: From the appropriation designated "State Motor Fuel Funds (New)", $26,100,000 is specifically appropriated for the purpose of financing projects and facilities for the Transportation, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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.
Bond #48: From the appropriation designated "State Motor Fuel Funds (New)", $4,520,000 is specifically appropriated for the purpose of financing projects and facilities for the Transportation, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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.
Bond #49: From the appropriation designated "State General Funds (New)", $627,640 is specifically appropriated for the purpose of financing projects and facilities for the Juvenile Justice, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,840,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Bond #50: From the appropriation designated "State General Funds (New)", $30,940 is specifically appropriated for the purpose of financing projects and facilities for the Veterans Services, Department of by means of the acquisition, construction,

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JOURNAL OF THE HOUSE

development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $140,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Bond #51: From the appropriation designated "State General Funds (New)", $15,470 is specifically appropriated for the purpose of financing projects and facilities for the Veterans Services, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $70,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Bond #52: From the appropriation designated "State General Funds (New)", $25,415 is specifically appropriated for the purpose of financing projects and facilities for the Veterans Services, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $115,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Bond #53: From the appropriation designated "State General Funds (New)", $8,840 is specifically appropriated for the purpose of financing projects and facilities for the Veterans Services, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $40,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Bond #54: From the appropriation designated "State General Funds (New)", $22,100 is specifically appropriated for the purpose of financing projects and facilities for the Veterans Services, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than

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4025

$100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Bond #55: From the appropriation designated "State General Funds (New)", $17,680 is specifically appropriated for the purpose of financing projects and facilities for the Veterans Services, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $80,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Bond #56: From the appropriation designated "State General Funds (New)", $26,520 is specifically appropriated for the purpose of financing projects and facilities for the Veterans Services, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $120,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Bond #57: From the appropriation designated "State General Funds (New)", $19,890 is specifically appropriated for the purpose of financing projects and facilities for the Veterans Services, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $90,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Bond #58: From the appropriation designated "State General Funds (New)", $230,945 is specifically appropriated for the purpose of financing projects and facilities for the Corrections, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,045,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

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Bond #59: From the appropriation designated "State General Funds (New)", $168,000 is specifically appropriated for the purpose of financing projects and facilities for the Corrections, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #60: From the appropriation designated "State General Funds (New)", $1,722,420 is specifically appropriated for the purpose of financing projects and facilities for the Corrections, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $20,505,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #61: From the appropriation designated "State General Funds (New)", $382,200 is specifically appropriated for the purpose of financing projects and facilities for the Corrections, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,550,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #62: From the appropriation designated "State General Funds (New)", $314,580 is specifically appropriated for the purpose of financing projects and facilities for the Corrections, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,745,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #63: From the appropriation designated "State General Funds (New)", $151,620 is specifically appropriated for the purpose of financing projects and facilities for the

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4027

Defense, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,805,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #64: From the appropriation designated "State General Funds (New)", $196,690 is specifically appropriated for the purpose of financing projects and facilities for the Public Safety, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $890,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Bond #65: From the appropriation designated "State General Funds (New)", $75,140 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $340,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Bond #66: From the appropriation designated "State General Funds (New)", $294,000 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$3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #67: From the appropriation designated "State General Funds (New)", $322,660 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,460,000 in principal amount of General Obligation Debt, the instruments of which shall have

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maturities not in excess of sixty months.
Bond #68: From the appropriation designated "State General Funds (New)", $663,000 is specifically appropriated for the purpose of financing projects and facilities for the Revenue, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Bond #69: From the appropriation designated "State General Funds (New)", $2,169,115 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$9,815,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Bond #70: From the appropriation designated "State General Funds (New)", $520,800 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$6,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #71: From the appropriation designated "State General Funds (New)", $18,060 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$215,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #72: From the appropriation designated "State General Funds (New)", $3,214,260 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$38,265,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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4029

Bond #73: From the appropriation designated "State General Funds (New)", $5,310,060 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$63,215,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #74: From the appropriation designated "State General Funds (New)", $627,480 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$7,470,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #75: From the appropriation designated "State General Funds (New)", $728,280 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$8,670,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #76: From the appropriation designated "State General Funds (New)", $4,368,000 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$52,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #77: From the appropriation designated "State General Funds (New)", $168,000 is specifically appropriated for the purpose of financing projects and facilities for the Agriculture, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Bond #78:

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From the appropriation designated "State General Funds (New)", $924,000 is specifically appropriated for the purpose of financing projects and facilities for the Economic Development, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $11,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

GENERAL OBLIGATION DEBT SINKING FUND - NEW: AUTHORIZED

UNDER PREVIOUS APPROPRIATIONS ACTS

Total Funds

$104,606,858

State Funds

$104,606,858

State General Funds

$104,606,858

1. The following paragraph of Section 61 of the Amended General Appropriations Act for state fiscal year 2001-2002 (Ga. L. 2002, p. 11) is hereby repealed in its entirety:

From the appropriation designated "State General Funds (New)," $155,940 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 $690,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

2. The following paragraph of Section 65 of the Amended General Appropriations Act for state fiscal year 2002-2003 (Ga. L. 2003, p. 29), which reads as follows:

"From the appropriation designated "State General Funds (New)," $60,900 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months."

is hereby amended to read as follows:

"From the appropriation designated "State General Funds (New)," $24,304 is specifically appropriated for the purpose of financing projects and facilities for the Board

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4031

of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months."
3. The following paragraph of the General Appropriations Act for state fiscal year 2004-2005 (Section 63 of Ga. L. 2004, p. 994, 1046, 1053 as carried forward in Section 63 of House Bill 84 of the 2005 Regular Session), which reads as follows:
"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."
is hereby amended to read as follows:
"From the appropriation designated "State General Funds (New)," $1,237,314 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 $14,222,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months."
4. The following paragraph of the General Appropriations Act for state fiscal year 2004-2005 (Section 63 of Ga. L. 2004, p. 994, 1046, 1054 as carried forward in Section 63 of House Bill 84 of the 2005 Regular Session), which reads as follows:
"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 of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $20,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months."

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is hereby amended to read as follows:
"From the appropriation designated "State General Funds (New)," $1,305,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months."
5. The following paragraph of the General Appropriations Act for state fiscal year 2004-2005 (Section 63 of Ga. L. 2004, p. 994, 1046, 1053 as carried forward in Section 63 of House Bill 84 of the 2005 Regular Session), which reads as follows:
"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."
is hereby amended to read as follows:
"From the appropriation designated "State General Funds (New)," $667,290 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 $7,670,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months."
Section 49. From the appropriation designated "State General Funds (New): Authorized Under Previous Appropriations Acts," $4,510,000 is specifically appropriated for the Georgia State Financing and Investment Commission to acquire, construct, develop, extend, enlarge, or improve land, waters, property, highways, buildings, structures, equipment, or facilities of the state, its agencies, departments, institutions, and of those state authorities which were created and activated prior to November 8, 1960, through the issuance of not more than $50,000,000 in principal amount of General Obligation Debt,

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4033

the instruments of which shall have maturities not in excess of two hundred and forty months.
Section 50. The following paragraph of the General Appropriations Act for state fiscal year 20042005 (Section 63 of Ga. L. 2004, pp. 994, 1046, 1050-1051, as carried forward in Section 63 of House Bill 84 of the 2005 Regular Session) is hereby repealed in its entirety:
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.
Section 51. The following paragraph of the Amended General Appropriations Act for state fiscal year 2004-2005 (House Bill 84 of the 2005 Regular Session) is hereby repealed in its entirety:
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.
Section 52. 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,

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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 53. 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 54. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 55. 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 56. The provisions in this paragraph may be known collectively as "flex". When an agency receives appropriations of a particular fund source for more than one program, object or class, the appropriation of the particular fund source for each program, object or class of the agency is the amount stated, and the program, object or class shall also be authorized the lesser of an additional $250,000 or two percent (2%) of the stated amount. However, if the additional authority is used, the appropriation of the same fund source for one or more of the other appropriations to that agency is reduced in the same amount, such that the stated total in appropriations from that fund source within the Section is not exceeded. However, the additional amount must be from a fund source which is lawfully available for the purpose to which it is added. This paragraph does not:
(1) apply to the appropriations for the "MEDICAID: LOW-INCOME MEDICAID" and "MEDICAID: AGED, BLIND, AND DISABLED" programs of the Department

TUESDAY, MARCH 29, 2005

4035

of Community Health; (2) permit an agency to include within its flex the appropriations for an agency attached to it for administrative purposes; (3) apply to appropriations for local assistance grants in which recipient, purpose and amount are specified under O.C.G.A. 50-8-8(a) or O.C.G.A. 28-5-121(1).
Section 57. 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 officers and employees of the Judicial, Legislative and Executive branches, excluding those provided for separately in the numbered items below, with the amount of the appropriation for this purpose calculated according to an effective date of January 1, 2006. 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 the cost-of-living adjustment authorized by O.C.G.A. 45-7-4(b), in the amount of 2% for each state officer whose salary is set by Code Sections 45-74(a), except members of the General Assembly. The amount of the appropriation for this purpose is calculated according to an effective date of January 1, 2006.
3.) To provide for the cost-of-living adjustment authorized by O.C.G.A. 45-7-4(b), in the amount 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, subject to further provisions of O.C.G.A. 45-7-4(b).
4.) To provide for a 2% increase in the state base salary on the local teacher salary schedule for 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 for 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.) 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.

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7.) 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.

8.) 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 58. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 59. 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 85.

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

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

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

N Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley N Jackson N Jacobs Y James N Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J
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 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 Y Murphy, Q Y Neal N Oliver Y O'Neal N Orrock
Parham Y Parrish Y Parsons Y Porter N Powell Y Ralston N Randall

Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F N Sinkfield E 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 Y Tumlin Y Walker Y Warren N Watson

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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 N Heard, K
Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

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

On the motion, the ayes were 133, nays 35.

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

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

The motion prevailed.

Representative Geisinger of the 48th 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 Marin of the 96th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Jones of the 44th 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.

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 48. By Representatives Golick of the 34th, Roberts of the 154th, O`Neal of the 146th, Chambers of the 81st and Jennings of the 82nd:

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.

Representative Wilkinson of the 52nd moved that the House insist on its position in

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disagreeing to the Senate substitute to HB 48 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 Wilkinson of the 52nd, Fleming of the 117th and Golick of the 34th.
By unanimous consent, all remaining Bills on the Calendar were postponed until the next legislative day.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
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.
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.
HB 296. By Representative Willard of the 49th:

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4039

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.
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
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 Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
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

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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.
Representative Keen of the 179th moved that the House do now adjourn until 10:00 A.M., Thursday, March 31, 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 31, 2005.

THURSDAY, MARCH 31, 2005

4041

Representative Hall, Atlanta, Georgia

Thursday, March 31, 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 E Beasley-Teague Benton Black Bridges Brooks Brown Bruce Bryant Buckner, D Buckner, G Burkhalter Burmeister Burns Byrd Carter Chambers Cheokas Coan Cole Coleman, B Cooper

Cox Cummings Dickson Drenner Dukes Ehrhart England Fleming Floyd, J Fludd Forster Franklin Freeman Gardner Geisinger Graves, D Graves, T Greene Harbin Hatfield Heard, J Hembree E Henson Hill, C Hill, C.A Holmes

Holt Horne Houston Howard Hugley E Jackson Jacobs James Jamieson Jenkins Jennings Jones, J Jones, S Keen Keown Kidd Knox Lakly Lane, B Lewis Lindsey Lord Loudermilk Lunsford Maddox

Manning Martin Maxwell May Meadows Miller E Mills Morris Mosby Mumford Murphy, J Murphy, Q Neal Oliver O'Neal Parrish Parsons Porter Ralston Randall Reece, B Reece, S Reese Rice Roberts

Rogers Royal Rynders E Scheid Scott, A Scott, M Sheldon Sims, F E Smith, B Smith, P Smith, R Smith, T E Smith, V Stanley-Turner 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 Barnes of the 78th, Benfield of the 85th, Bordeaux of the 162nd, Borders of the 175th, Casas of the 103rd, Channell of the 116th, Coleman of the 144th, Crawford of the 127th, Day of the 163rd, Dean of the 59th, Dodson of the 75th, Dollar of the 45th, Floyd of the 99th, Golick of the 34th, Hanner of the 148th, Hudson of the 124th, Jordan of the 77th, Knight of the 126th, Lane of the 167th, Lucas of the 139th, Mangham of the 94th, Marin of the 96th, McCall of the 30th, McClinton of the 84th, Millar of the 79th, Mitchell of the 88th, Morgan of the 39th, Mosley of the 178th, Orrock of the 58th, Powell of the 29th, Sailor of the 93rd, Setzler of the 35th, Shaw of the 176th, Sims of the 169th, Sinkfield of the 60th, Smith of the 70th, Smyre of the 132nd, Stephenson of the 92nd, Thomas of the 55th, Walker of the 107th, Willard of the 49th, Wix of the 33rd, and Yates of the 73rd.

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They wish to be recorded as present.
The following communication was received:
House of Representatives Legislative Office Building
Atlanta, Georgia 30334
March 30, 2005
The Honorable Robbie Rivers Clerk, House of Representatives 307 State Capitol Atlanta, Georgia 30334
Dear Mr. Clerk:
On January 17, 2005, I underwent major life-threatening surgery and spent eight days in the hospital. Several weeks followed with recovery at home away from the Legislature. During this time, many key votes were taken at the Georgia General Assembly in which I was excused due to my surgery.
Mr. Clerk as custodian of the House Journals, I would like to document in our House Journal the stated reason for my absences.
I want to thank you and your staff for being so helpful in my effort to serve the people of my district during my illness. I ask that this letter serve as a letter of explanation, and that it become part of the House Journal as an explanation of my excused absences.
Sincerely,
/s/ Gerald Greene Gerald E. Greene State Representative, District 149
GG:lmj
cc: Representative Glenn Richardson, Speaker Representative John Heard, Chairman, Information and Audits Members, Information and Audits Committee
Prayer was offered by the Reverend Carlton Ring, Cornerstone Church of God, Waycross, Georgia.

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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 898. By Representatives Hembree of the 67th, Millar of the 79th, Fludd of the 66th and Kidd of the 115th:
A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to enact "The Access to Postsecondary Education Instructional Material Act"; to provide for definitions; to provide for requests to publishers for electronic versions of instructional material; to provide for duties of publishers; to provide for counseling, agreement, and reasonable precautions to avoid violating copyright laws; to provide for construction; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HB 899. By Representative Ehrhart of the 36th:

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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 provide for additional pharmaceutical agents which may be used by a doctor of optometry for treatment purposes; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 900. By Representative Harbin of the 118th:
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 for legislative intent; to provide for the administration of funds by the Department of Education for adapted sports and physical education programs; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 901. By Representative Stephens of the 164th:
A BILL to be entitled an Act to provide for a surcharge on fines in the State Court of Bryan County and the Magistrate Court of Bryan County; to provide for use of such sums for the purpose of local juvenile diversion programs; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 902. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend an Act creating the State Court of Bryan County (formerly the City Court of Pembroke), approved January 10, 1938 (Ga. L. 1937-38 Ex. Sess., p. 714), as amended, so as to authorize the court to impose an additional surcharge for each criminal fine imposed; to specify the uses to which said surcharge 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 903. By Representative Benfield of the 85th:
A BILL to be entitled an Act to amend Article 6 of Chapter 3 of Title 8 of the

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Official Code of Georgia Annotated, relating to documentation by home inspectors, so as to provide for new definitions; to change a provision relating to documentation by home inspectors; to provide for more restrictive requirements for home inspectors by political subdivisions; to provide for the duty of care of home inspectors; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 904. By Representative Carter of the 159th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Rincon 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.
HB 905. By Representative Carter of the 159th:
A BILL to be entitled an Act to provide for a homestead exemption from Effingham 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.
HB 906. By Representative Carter of the 159th:
A BILL to be entitled an Act to provide for a homestead exemption from Effingham 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

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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 907. By Representative Reece of the 27th:
A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to enact the "Wholesale Licensure and Prescription Medication Integrity Act"; to provide for a short title; to provide for definitions; to provide for license requirements and procedures for wholesale distributors of prescription drugs; to provide for restrictions on transactions involving prescription drugs; to provide for pedigrees for prescription drugs; to provide for enforcement; to provide for prohibited acts; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 908. By Representatives Rogers of the 26th and Knox of the 24th:
A BILL to be entitled an Act to provide a short title; to provide for legislative findings; to amend Code Section 33-24-10.1 of the Official Code of Georgia Annotated, relating to standard or uniform claim form, so as to provide a definition; to authorize the Commissioner of Insurance to establish by rule or regulation a standard or uniform explanation of benefits form relating to certain health insurance policies and contracts; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 909. By Representatives Brown of the 69th and Shaw of the 176th:
A BILL to be entitled an Act to amend Article 6 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the Indigent Care Trust Fund, so as to provide for reimbursement for ambulance services for Medicaid recipients as an authorized expenditure from the Indigent Care Trust Fund; 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 provide for definitions; to provide for certain payments for ambulance services for recipients of medical assistance; to provide for the increase of license fees in the event of insufficient funding for ambulance services

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reimbursement; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 910. By Representatives Rogers of the 26th and Graves of the 137th:
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 change certain definitions; to delete certain duties of the Secretary of State with regard to cemeteries and funeral services; to amend provisions relating to the sale of preneed burial services; to delete certain fees; to make numerous other changes to the laws relating to cemeteries and funeral services; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 911. By Representatives Mills of the 25th, Williams of the 4th, Maxwell of the 17th, Amerson of the 9th, Franklin of the 43rd and others:
A BILL to be entitled an Act to enact the "Georgia Taxpayer and Citizen Protection Act"; to provide a short title; to state legislative findings; to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require proof of citizenship to register to vote; to amend Title 49 of the O.C.G.A., relating to social services, so as to provide that in order to receive certain public assistance benefits an applicant must provide proof that the applicant is a United States citizen or, if not a United States citizen, is lawfully present in the United States under federal law; to provide for temporary benefits to be paid in cases where the applicant cannot provide proof at the time of application; to provide for administrative procedure and civil remedies; to require certain state agencies to cooperate with local governments and the United States Department of Homeland Security to develop a system for verifying lawful presence in the United States; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 912. By Representative Fleming of the 117th:
A BILL to be entitled an Act to amend Code Section 9-11-34 of the Official Code of Georgia Annotated, relating to production of documents and things and entry upon land for inspection and other purposes, so as to change certain provisions relating to applicability to nonparties; to provide that silence may

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act as a waiver under certain circumstances; to change certain provisions relating to confidentiality; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Committee on Civil Justice Reform.
HB 913. By Representatives Rogers of the 26th, Keen of the 179th, Smith of the 129th, Harbin of the 118th, Burkhalter of the 50th 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 the provisions relating to requirement of just compensation as a limitation on exercise of power of eminent domain; to provide that interference with a property owners exclusive rights includes interference with access rights incident to the property which may include but are not limited to any median or other interference creating increased circuity of travel or a change in traffic patterns; to provide that certain rights are considered exclusive to the owner of the property and that the measure of consequential damages shall be any diminution in market value of the property or business affected by reason of such interference; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 914. By Representative Smith of the 168th:
A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Division of Archives and History, so as to make legislative findings; to recognize the religious heritage of America; to direct the Secretary of State to prepare documents relative to that heritage; to authorize counties to post documents relative to that heritage for education; to direct the Attorney General to defend counties who display documents relative to the religious heritage of America; to set forth the text relative to the religious heritage of America; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 915. By Representative Crawford of the 127th:
A BILL to be entitled an Act to amend Code Section 47-2-262 of the Official Code of Georgia Annotated, relating to membership in the Employees Retirement System of Georgia by assistant district attorneys and employees

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of the Prosecuting Attorneys Council, notice of election to become a member, and contributions, so as to provide that any person who was employed as an assistant district attorney on June 30, 1979, and who rejected membership in this retirement system at such time may, under certain conditions, be a member of such retirement system; to provide that such person shall be entitled to certain membership service; to provide that such person may obtain creditable service; to provide for application and payment; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 916. By Representatives Crawford of the 127th and Ralston of the 7th:
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.
HB 917. By Representative Burkhalter of the 50th:
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 use of speed detection devices for traffic enforcement purposes, so as to change provisions relating to prohibited use of speed detection devices by county and municipal law enforcement officers in certain places and certain circumstances; to provide that such officers may use such devices under certain circumstances to provide evidence of certain speeding violations in residential areas; 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 918. By Representative Brown of the 69th:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers licenses, so as to create a youthful driver tracking service that allows parents and guardians to monitor the driving performance

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of their children who are 18 years of age or younger; 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 919. By Representatives Brown of the 69th and Gardner of the 57th:
A BILL to be entitled an Act to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for the comprehensive regulation of overtime obligations of nurses; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for employment circumstances prohibiting mandatory overtime; to provide for employment circumstances permitting mandatory overtime; to provide for certain requirements and prohibitions with respect to employers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 920. By Representatives Smith of the 70th and Horne of the 71st:
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, and 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 local boards of education to provide health insurance benefits to members leaving office on or after a specified date if such members have served on the board for at least 12 years; to provide that such former members shall pay the entire cost of the health insurance coverage; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 921. By Representatives Ralston of the 7th and Oliver of the 83rd:
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 certain pediatric cancer related programs for the medically indigent; to dedicate revenue derived from the sale of such special license plates to the Indigent Care Trust Fund as authorized by Article

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III, Section IX, Paragraph VI(i) of the Constitution; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 922. By Representative Reece of the 11th:
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 members of local boards of education, so as to provide for the extension of health care benefits to local board members who served for at least ten years; 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 923. By Representative Cox of the 102nd:
A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the O.C.G.A., relating to controlled substances, Chapter 4 of Title 26 of the O.C.G.A., relating to pharmacists, Article 8 of Chapter 7 of Title 31 of the O.C.G.A., relating to health service provider psychologists, and Chapter 39 of Title 43 of the O.C.G.A., relating to psychologists, so as to authorize certain psychologists to prescribe drugs in certain circumstances; to provide that psychologists certified to prescribe drugs are exempt from criminal law as are other medical professionals licensed to prescribe; to exempt from liability pharmacists and nurses acting in good faith upon the orders of a psychologist certified to prescribe; to provide for prescriptions by psychologists certified to prescribe who are health service provider psychologists; to provide that the practice of psychology includes administering, ordering, and prescribing drugs in certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 924. By Representative Jones of the 46th:
A BILL to be entitled an Act to incorporate the City of Milton in Fulton County, Georgia; to provide a charter for the City of Milton; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to

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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 boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for severability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 925. By Representative Ralston of the 7th:
A BILL to be entitled an Act to amend Title 51 of the O.C.G.A., relating to torts, so as to create provisions relating to asbestos claims and successor corporations; to provide for legislative findings; to provide definitions; to provide that limitations of liabilities apply to a corporation that is a successor and became a successor corporation before January 1, 1972; to provide for exceptions to the limitations; to provide for other exceptions; to provide for methods by which to establish fair market value of total gross assets; to provide for the fair market value of total gross assets at the time of a merger or consolidation to increase annually; to provide for adjustments; to provide a methodology by which the fair market value of the assets is increased; to require that the courts liberally construe the chapter; 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 926. By Representative Jones of the 46th:
A BILL to be entitled an Act to amend Code Section 32-2-2 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Transportation, so as to require the department to construct multiuse paths for pedestrian and bicycle traffic along certain portions of the state highway system; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 927. By Representatives Ralston of the 7th, Forster of the 3rd, Franklin of the 43rd, Day of the 163rd and Mitchell of the 88th:
A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to nomination

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and qualification of candidates, so as to provide a short title; to provide for legislative intent; to change the provisions relating to nomination of candidates by petition; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 928. By Representative Jones of the 46th:
A BILL to be entitled an Act to amend Code Section 32-2-2 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Transportation, so as to require the department to construct multiuse paths for pedestrian and bicycle traffic along certain portions of the state highway system; to repeal conflicting laws; and for other purposes
Referred to the Committee on Transportation.
HB 929. By Representatives Lane of the 158th, Crawford of the 127th, Smith of the 70th, McCall of the 30th, Roberts of the 154th and others:
A BILL to be entitled an Act to amend Code Section 12-6-5 of the Official Code of Georgia Annotated, relating to powers and duties of the State Forestry Commission generally and volunteer services, so as to provide for additional powers of the commission; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 930. By Representative Tumlin of the 38th:
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 certain volunteer firefighters; 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 931. By Representative Willard of the 49th:
A BILL to be entitled an Act to amend Title 48 of the Official Code of

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Georgia Annotated, relating to revenue, so as to change the penalty for failure to pay ad valorem taxes; to provide for definitions; to provide for the transfer of tax executions; to provide for certain notices to taxpayers; to provide for the payment of such executions; to provide for certain procedures relative to such tax executions; to provide for the collection of such executions; to provide for certain charges; to prohibit the purchase of tax executions by certain persons; to provide for the manner of paying tax executions held by absentee transferees; 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 932. By Representative Bordeaux of the 162nd:
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 change certain definitions relating to habitual violators; to change certain provisions relating to dates after which offenses occurred; to change certain provisions relating to the time period during which violations of Code Section 40-6-391 must occur to be declared a habitual violator; 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 933. By Representatives Bordeaux of the 162nd and Loudermilk of the 14th:
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 change the penalties for a third violation of the crime of driving under the influence within ten years; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 934. By Representatives Mangham of the 94th, Watson of the 91st, Stephenson of the 92nd, Mosby of the 90th, McClinton of the 84th 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 create the office of sheriff-elect in each county; to provide for qualifications, salary, and duties of the sheriff-elect; to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to law enforcement officers, firefighters, prison guards, and publicly employed emergency medical technicians, so as

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to provide that sheriffs-elect be eligible for certain indemnification programs in the event of death or injury; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 935. By Representatives Burmeister of the 119th, Ehrhart of the 36th, Hembree of the 67th, Henson of the 87th, Buckner of the 130th and others:
A BILL to be entitled an Act to amend Code Section 16-13-21 of the Official Code of Georgia Annotated, relating to definitions relative to regulation of controlled substances, so as to revise the definition of "practitioner"; to amend Article 1 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to the "Georgia Registered Professional Nurse Practice Act," so as to provide for an advanced practice registered nurse to execute drug orders and to provide professional samples; to amend Code Section 4334-26.1 of the Official Code of Georgia Annotated, relating to delegation of authority to a nurse or physicians assistant, so as to provide for prescriptive authority of advanced practice registered nurses; to delete a provision relating to a Drug Enforcement Administration license; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 936. By Representatives Lunsford of the 110th, Millar of the 79th, Watson of the 91st, Mangham of the 94th, Stephenson of the 92nd and others:
A BILL to be entitled an Act to amend Code Section 47-3-121, relating to optional retirement allowances under the Teachers Retirement System of Georgia, election of such options, and revocation of election, so as to provide that a member who upon retirement elects survivors benefits for a spouse and another may, in the event of divorce, revoke such election as to the spouse; to provide that the beneficiaries other than the spouse shall continue to be entitled to a survivors benefit; to provide for a recalculation of the members 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 937. By Representatives Mangham of the 94th, Watson of the 91st, Stephenson of the 92nd, Mosby of the 90th and McClinton of the 84th:
A BILL to be entitled an Act to amend Code Section 47-16-40 of the Official

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Code of Georgia Annotated, relating to application for membership in the Sheriffs Retirement Fund of Georgia and claim for prior service, so as to provide that a newly elected sheriff shall be eligible for membership upon the certification of the election by the Secretary of State; 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 938. By Representative Graves of the 137th:
A BILL to be entitled an Act to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, acupuncture, physician assistants, and others, so as to provide for the licensing of surgical assistants; to provide for definitions; to provide for powers and responsibilities of the Composite State Board of Medical Examiners; to provide for licensing standards and requirements; to provide for the issuance of licenses and exceptions to licensure requirements; to provide for licenses and their duration, renewal, and filing; to provide for licensing of provisional licensed surgical assistants and standards and requirements relating thereto; to provide for sanctions; to provide for an advisory committee; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 939. By Representatives Buckner of the 76th, Reece of the 11th, Hudson of the 124th, Porter of the 143rd, Manning of the 32nd and others:
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 "My Country Tis of Thee" and "America the Beautiful" as Georgias official state songs of patriotic heritage; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Rules.
HR 821. By Representatives Jamieson of the 28th, Oliver of the 83rd, Kidd of the 115th, Rogers of the 26th, Harbin of the 118th and others:
A RESOLUTION honoring the life and lifetime achievements of the late Governor Samuel Ernest Vandiver, Jr., by recommending that an appropriate building on the University of Georgia campus to be named in his memory; and for other purposes.

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Referred to the Committee on State Institutions & Property.
HR 822. By Representative Scheid of the 22nd:
A RESOLUTION urging the Governor and the Department of Banking and Finance to oversee the operations of mortgage brokers in Georgia; and for other purposes.
Referred to the Committee on Banks & Banking.
HR 823. By Representatives Buckner of the 76th, Dodson of the 75th, Martin of the 47th and Fludd of the 66th:
A RESOLUTION urging the establishment of a Hydrogen Fuel Cell Corridor Program at Clayton College and State University and urging the creation of a Workforce Training and Technology Certification Program; and for other purposes.
Referred to the Committee on Science and Technology.
HR 824. By Representatives Smith of the 13th, Cummings of the 16th, Reece of the 11th and Loudermilk of the 14th:
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.
HR 825. By Representative Jones of the 44th:
A RESOLUTION honoring the memory of Reverend Joseph Jones, Sr., and dedicating the Joseph Jones, Sr., Bridge; and for other purposes.
Referred to the Committee on Transportation.
HR 855. By Representative Hembree of the 67th:
A RESOLUTION proposing an amendment to the Constitution so as to provide for the partisan election of all state court judges, superior court judges, Judges of the Court of Appeals, and Justices of the Supreme Court of Georgia; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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Referred to the Committee on Governmental Affairs.
HR 902. By Representatives Jackson of the 161st and Mangham of the 94th:
A RESOLUTION urging the Congress of the United States to pass a constitutional amendment to the Constitution of the United States to allow for voluntary school prayer and the protection of public religious speech; and for other purposes.
Referred to the Committee on Judiciary.
HR 903. By Representative Stanley-Turner of the 53rd:
A RESOLUTION proposing an amendment to the Constitution so as to require the General Assembly to provide by general law for a program to provide low-interest mortgage loans for teachers; first responder employees; federal, state, or local government employees; and members of the National Guard; to provide for the submission of this amendment for ratification or rejection; and for other purposes
Referred to the Committee on Banks and Banking.
HR 910. By Representatives Epps of the 128th, Porter of the 143rd, Smyre of the 132nd and Hugley of the 133rd:
A RESOLUTION creating the House Study Committee on the State Mileage Reimbursement Rate; and for other purposes.
Referred to the Committee on Rules.
HR 949. By Representatives Benfield of the 85th, Oliver of the 83rd, Day of the 163rd and Willard of the 49th:
A RESOLUTION creating the Joint Legislative and Congressional Redistricting Study Committee; and for other purposes.
Referred to the Committee on Legislative & Congressional Reapportionment.
HR 950. By Representatives Mangham of the 94th, Brooks of the 63rd, Stephenson of the 92nd, Murphy of the 120th, Watson of the 91st and others:
A RESOLUTION urging the United States Congress to create a constitutional amendment study commission to examine whether the

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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.

Referred to the Committee on Interstate Cooperation.

HR 951. By Representatives Buckner of the 76th, Gardner of the 57th, Hembree of the 67th, Ashe of the 56th and Porter of the 143rd:

A RESOLUTION creating the House Higher Education Seamless Transition Study Committee; 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 887 HB 888 HB 889 HB 890 HB 891 HB 892 HB 893 HB 894 HB 895 HB 896 HB 897

HR 723 HR 724 HR 730 HR 765 HR 772 HR 773 HR 774 HR 820 SB 355 SB 363

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

HOUSE PROVISIONAL RULES CALENDAR THURSDAY, MARCH 31, 2005

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 39th Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

Structured Rule

HR 512

House Community Living Services Study Committee; create

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HR 632 HR 633

House Wildlife Management Study Committee; create Oversight Committee for Planning to Provide Home and Community Based Services; create

DEBATE CALENDAR

Open Rule SB 110
SB 226 SB 254 SB 258

Georgia Massage Therapy Practice Act; create Georgia Board of Massage Therapy Joshua's Law; create Georgia Driver's Education Commission State Budgeting; comprehensive revision; Senate/House Budget Office Military Members on Duty; licenses; jury duty; exemptions/terminations

Modified Open Rule None

Modified Structured Rule None

Structured Rule

SB 13

Gift Card Integrity; unfair/deceptive practices in consumer transactions

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 House:
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

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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.
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.
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.
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.
HB 355. By Representative Cummings of the 16th:

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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.
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.
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.
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.
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

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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.
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.
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.
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.
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

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retirement systems are in compliance with the federal Internal Revenue Code and regulations promulgated thereunder; to repeal conflicting laws; and for other purposes.
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.
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.
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.
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.

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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.
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.
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.
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.
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:
A BILL to be entitled an Act to amend an Act providing for the compensation

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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.
HB 789. By Representatives Henson of the 87th, Watson of the 91st, Mangham of the 94th, Oliver of the 83rd, Sinkfield of the 60th 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.
HB 810. By Representative Greene of the 149th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the board of education of Seminole County, approved March 14, 1983 (Ga. L. 1983, p. 3994), as amended, so as to change certain provisions relating to compensation of members of the board; to repeal conflicting laws; and for other purposes.
HB 838. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to amend an Act creating the Banks County Family Connection Commission, approved April 13, 2001 (Ga. L. 2001, p. 4134), so as to change the membership of the commission; to change certain provisions requiring an oath of office; to repeal conflicting laws; and for other purposes.
HB 839. By Representatives Fleming of the 117th, Harbin of the 118th and Burmeister of the 119th:
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

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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 effective dates; to repeal conflicting laws; and for other purposes.
HB 840. By Representatives Setzler of the 35th, Tumlin of the 38th, Teilhet of the 40th, Cooper of the 41st, 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 30, 2003 (Ga. L. 2003, p. 4373), so as to change the provisions relating to the corporate limits of said city; to repeal conflicting laws; and for other purposes.
HB 857. By Representative Cole of the 125th:
A BILL to be entitled an Act to repeal an Act entitled "Jasper County Economic Development Authority Act" approved April 4, 1991 (Ga.L. 1991, p. 4524); to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 858. By Representatives Scott of the 2nd and Neal of the 1st:
A BILL to be entitled an Act to amend an Act to create a board of elections and registration for Walker County and provide for its powers and duties, approved April 4, 1997 (Ga. L. 1997, p. 3657), so as to revise the manner of appointing members of the board; to revise the manner of filling vacancies; to revise the qualifications of members of the board; to provide for related matters; to provide for the 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 861. By Representative Ralston of the 7th:
A BILL to be entitled an Act to amend an Act providing for a Board of Commissioners of Fannin County, approved August 10, 1920 (Ga. L. 1920, p. 519), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 3939), so as to change the provision relating to the compensation of the members of the board; 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:

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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 Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
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.
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, 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.
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 31-11-1, 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,

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firefighters, or emergency medical technicians; Code Section 36-60-19, relating to dispatch centers, required training for communications officers, exceptions, and penalty for noncompliance; to repeal conflicting laws; and for other purposes.
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 Senate adheres to its substitutes and has appointed a Committee of Conference on the following bills of the House:
HB 48. By Representatives Golick of the 34th, Roberts of the 154th, O`Neal of the 146th, Chambers of the 81st and Jennings of the 82nd:
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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Wiles of the 37th, Balfour of the 9th, and Unterman of the 45th.

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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 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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Cagle of the 49th, Balfour of the 9th, and Schaefer of the 50th.
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:
SB 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.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Hamrick of the 30th, Mullis of the 53rd, and Grant of the 25th.
The Senate has adopted the report of the Committee of Conference on the following bill of the House:
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 members were recognized during the period of Morning Orders and addressed the House:

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Porter of the 143rd, Oliver of the 83rd, Teilhet of the 40th, Orrock of the 58th, Dean of the 59th, Keown of the 173rd, Ehrhart of the 36th, Brown of the 69th, Abdul-Salaam of the 74th, Randall of the 138th, Reece of the 11th, and Stanley-Turner of the 53rd.
The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:
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.
The following Senate 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 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 revise the forms of identification that are acceptable in order to register and to vote in this state; 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 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

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to three days after the runoff; 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 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 change the forms of identification that are acceptable for voter registration, for absentee voting, and for voting at the polls; to require the county registrars to ensure that certain information is contained on the lists of electors used at polling places; to provide for the confidentiality of certain information; 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 amend Code Section 40-5-103 of the Official Code of Georgia Annotated, relating to fee for identification cards, so as to provide that fees for identification cards for persons who are indigent and need an identification card in order to vote shall be waived under certain circumstances; 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.

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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." "(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."

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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 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:

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(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; (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.

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(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 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

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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 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

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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, (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

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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 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

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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 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. Unless the candidate provides proof that his or her surname as it appears on the candidate's registration card is incorrect in which event the correct name shall be listed. After such name is submitted to the Secretary of State or the election superintendent, the form of such

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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." "(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,

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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 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

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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 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

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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."
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."

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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 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,

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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 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;

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(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; (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

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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 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 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 subsection (c) of 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) 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

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(3) 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, 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 (g) of Code Section 21-2-224, relating to official list of electors, and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) The official list of electors and the official list of inactive electors prepared and distributed to the poll officers of each precinct shall include only the electors name, address, ZIP Code, date of birth, voter identification number, a designation of whether the elector registered for the first time in this state by mail and is required to comply with Code Sections 21-2-220 and 21-2-417, congressional district, state Senate district, state House district, county commission district, if any, county or independent board of education district, if any, and municipal governing authority district designations, if any, and such other voting districts, if any. The official list of electors and the official list of inactive electors prepared and distributed to the poll officers of each precinct may also include codes designating that an elector has voted by absentee ballot, has been challenged, or has been sent mail by the registrars which has been returned marked undeliverable. No person whose name does not appear on the official list of electors shall vote or be allowed to vote at any election, except as otherwise provided in this article. The county registrars shall ensure that the information required to notify poll officers that an elector registered to vote for the first time in this state by mail and must comply with subsection (c) of Code Section 21-2-220 and subsection (c) of Code Section 21-2-417 is placed on each list of electors to be used at a polling place."
SECTION 26. Said chapter is further amended by striking subsection (b) of Code Section 21-2-225, relating to confidentiality of original registration applications, and inserting in lieu thereof a new subsection (b) to read as follows:

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"(b) All data collected and maintained on electors whose names appear on the list of electors maintained by the Secretary of State pursuant to this article shall be available for public inspection with the exception of bank statements submitted pursuant to subsection (b) (c) of Code Section 21-2-220 and subsection (c) of Code Section 21-2417 and the social security numbers of the electors and the locations at which the electors applied to register to vote which shall remain confidential and be used only for voter registration purposes; provided, however, that social security numbers of electors may be made available to other state agencies if the agency is authorized to maintain information by social security number and the information is used only to identify the elector on the receiving agencys data base and is not disseminated further and remains confidential."
SECTION 27. 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 28. 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 29. 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:

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"(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 30. 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 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

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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 31. 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 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.

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(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 32. 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 33. 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 34. 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."
SECTION 35.

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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)';
(2) There shall be no name or designation of any political organization nor any words, designation, or emblems descriptive of a candidates political affiliation

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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 36. 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 37. 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 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

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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 38. 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 39. 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 __________?' (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.

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(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 40. 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 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.

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(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 41. 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 42. 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 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

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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; (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.

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(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 43. 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 44. 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 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."

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SECTION 45. 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 46. 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 47. 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 48. 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

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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 49. 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. (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,

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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 50. 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 51. 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. (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,

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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 State Election Board 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 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

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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 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.

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(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 State Election Board 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 52. Said chapter is further amended by adding a new Code Section 21-2-381.2 to read as follows:
"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:

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(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 53. 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 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

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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

____________________ Month and Day of Electors Birth

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________________________ 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 54. 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 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

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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) An elector who registered to vote by mail, but did not comply with subsection (c) of Code Section 21-2-220, and who votes for the first time in this state by absentee ballot shall include with his or her application for an absentee ballot or in the outer oath envelope of his or her absentee ballot either one of the forms of identification listed in subsection (a) of Code Section 21-2-417 or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of such elector. If such elector does not provide any of the forms of identification listed in this subparagraph with his or her application for an absentee ballot or with the absentee ballot, such absentee ballot shall be deemed to be a provisional ballot and such ballot shall only be counted if the registrars are able to verify current and valid identification of the elector as provided in this subparagraph within the time period for verifying provisional ballots pursuant to Code Section 21-2-419. (E) 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. (F) 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

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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. (G) 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 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 55. 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."

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SECTION 56. 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 57. 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

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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 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.

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(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. (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."

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SECTION 58. 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. (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 59. Said chapter is further amended by striking Code Section 21-2-417, relating to form of proper identification at polls, and inserting in lieu thereof a new Code Section 21-2-417 to read as follows:
"21-2-417. (a) Each Except as provided in subsection (c) of this Code section, 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 driver's license which was properly issued by the appropriate state agency; (2) A valid identification card 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, provided that such identification card contains a photograph of the elector; (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;

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(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) 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; (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)(5) A valid United States military identification card;, provided that such identification card contains a photograph of the elector; or (10)(6) A certified copy of the electors birth certificate; A valid tribal identification card containing a photograph of the elector. (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 Except as provided in subsection (c) of this Code section, 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 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 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. (c) An elector who registered to vote by mail, but did not comply with subsection (c) of Code Section 21-2-220, and who votes for the first time in this state shall present to the poll workers either one of the forms of identification listed in subsection (a) of this

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Code section or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of such elector. If such elector does not have any of the forms of identification listed in this subsection, such elector may vote a provisional ballot pursuant to Code Section 21-2418 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 identification of the elector as provided in this subsection within the time period for verifying provisional ballots pursuant to Code Section 21-2419. 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 60. 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

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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 61. 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

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voting rights poster shall be given to any elector at his or her request so long as there are any on hand."
SECTION 62. 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, 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

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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 63. 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 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,

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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 twenty-eighth 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 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

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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 64. 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." "(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 65. 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

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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 66. Code Section 40-5-103 of the O.C.G.A., relating to fee for identification cards, is amended by adding a new subsection (d) to read as follows:
"(d) The department shall not be authorized to collect a fee for an identification card from any person:
(1) Who swears under oath that he or she is indigent and cannot pay the fee for an identification card, that he or she desires an identification card in order to vote in a primary or election in Georgia, and that he or she does not have any other form of identification that is acceptable under Code Section 21-2-417 for identification at the polls in order to vote; and (2) Who produces evidence that he or she is registered to vote in Georgia. This subsection shall not apply to a person who has been issued a drivers license in this state."
SECTION 67. 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 68. Except for Section 13, this Act shall become effective on July 1, 2005. Section 13 shall become effective on January 1, 2006.
SECTION 69. All laws and parts of laws in conflict with this Act are repealed.
Representative Burmeister of the 119th moved that the House disagree to the Senate substitute to HB 244.
The motion prevailed.

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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 Senate substitute was read:
A BILL
To amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to courts, so as to establish a drug court division and create an alternative system for storing copies of records for courts; 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 the destruction of the original copies of such documents; to provide for the payment of costs and expenses; to provide for exceptions; to provide for the alternative nature of the authority granted by this method of records management; to authorize the establishment of drug 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.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking Code Section 15-1-10, relating to removal of court records and storage thereof, and inserting in its place the following:
"15-1-10. (a) No records or papers of any court shall be removed out of the county, except in cases of invasion whereby the same may be endangered, or by order of the court, or as otherwise provided in this Code section. (b) Notwithstanding any other provision of this Code section, such records may be stored in accordance with the provisions of subsection (b) of Code Section 15-6-86 or subsection (c) of this Code section. (c) With the prior written consent of the governing authority of the county or municipality and the prior written consent of the chief judge, judge of the probate court, or chief magistrate of the affected court, the clerk of each superior court, state court, probate court, magistrate court, juvenile court, or municipal court in this state is authorized, but not required, to create and maintain digital copies of records, pleadings, orders, writs, process, and other documents submitted to or issued by the court in criminal, quasi-criminal, juvenile, or civil proceedings or in any proceedings involving the enforcement of ordinances of local governments. All digital copies created pursuant to this subsection shall be accurate copies of the original documents and shall be stored and indexed in such manner as to be readily retrievable in the office of the clerk during normal business hours. It shall be the duty of the clerk to provide and maintain software and computers, readers, printers, and other necessary equipment in sufficient numbers to permit the retrieval, duplication, and printing of such digitally stored documents in a timely fashion when copies are requested. A copy of such digitally stored document retrieved by the clerk shall be admissible in all courts in the same manner as the original document. If a backup copy is created pursuant to the process prescribed by subsections (b), (c), and (d) of Code Section 15-6-62, the clerk is authorized to destroy the original document. This subsection shall not apply to documents or records which have been ordered sealed by the court nor to documents which are placed in evidence in a proceeding. The costs of creating and storing digital copies of documents and providing the necessary software and equipment to retrieve and reproduce such documents shall be paid from funds available for the operation of the court. The provisions of this subsection shall constitute an additional and alternative method of records management and shall not supersede or repeal Code Section 15-6-62, 15-662.1, 15-6-86, or 15-6-87."
SECTION 2. Said chapter is further amended by adding a new Code section to the end of the chapter to read as follows:
"15-1-15.

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(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, addiction, dependency, sale, possession, delivery, distribution, purchase, or manufacture of a controlled substance, noncontrolled substance, dangerous drug, other drug, or is ancillary to such conduct and the defendant meets the eligibility criteria for the drug court division, 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 establish a planning group to develop a work plan. The planning group shall include the judges, prosecuting attorneys, public defenders, probation officers, and persons having expertise in the field of substance abuse. The work plan shall address the operational, coordination, resource, information management, and evaluation needs of the drug court division. The work plan shall include eligibility criteria for the drug court division. The drug court division shall combine judicial supervision, treatment of drug court division participants, and drug testing. (4) The Judicial Council of Georgia and The Council of Superior Court Judges of Georgia shall adopt standards for the drug court divisions. The Judicial Council of Georgia standards and The Council of Superior Court Judges of Georgia standards shall be consistent with each other. Each drug court division shall adopt standards that are consistent with the standards of the Judicial Council of Georgia and the standards of The Council of Superior Court Judges. The standards are to serve as a flexible framework for developing effective drug court divisions and to provide a structure for conducting research and evaluation for program accountability. The standards are not intended to be a certification or regulatory checklist. (5) 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. (6) 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.

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(7) The clerk of the court instituting the drug court division or such clerks designee shall serve as the clerk of the drug court division. (8) The court instituting the drug court division may request 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. (9) The court instituting the drug court division may enter into agreements with other courts and agencies for the assignment of personnel from other courts and agencies to the drug court division. (10) Expenses for salaries, equipment, services, and supplies incurred in implementing this Code section may be paid from state funds, funds of the county or political subdivision implementing such drug court division, federal grant funds, and funds from private donations. (b)(1) Each drug court division shall establish criteria which define the successful completion of the drug court division program. (2) If the drug court division participant successfully completes the drug court division program prior to the entry of judgment, the case against the drug court division participant may be dismissed by the prosecuting attorney. (3) If the drug court division participant successfully completes the drug court division program as part of a sentence imposed by the court, the sentence of the drug court division participant may be reduced or modified. (4) 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) Nothing contained in this Code section shall be construed to permit a judge to impose, modify, or reduce a sentence below the minimum sentence required by law. (e) 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.

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(f) 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. (g) 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 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Knox of the 24th moved that the House disagree to the Senate substitute to HB 254.
The motion prevailed.
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 Senate substitute was read:
A BILL
To amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide for an enhanced penalty; 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. Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by inserting at the end thereof the following:
"16-6-25. If any person is convicted of an offense found in this chapter committed upon a person having a mental abnormality, as such term is defined in paragraph (5) of

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subsection (a) of Code Section 42-1-12, the minimum and maximum periods of incarceration stated for such offense shall be increased by ten years, respectively. This Code section shall apply to any offense committed on or after July 1, 2005."
SECTION 1A. 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

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Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of:
(i) Kidnapping of a minor, except by a parent; (ii) False imprisonment of a minor, except by a parent; (iii) Criminal sexual conduct toward a minor; (iv) Solicitation of a minor to engage in sexual conduct; (v) Use of a minor in a sexual performance; (vi) Solicitation of a minor to practice prostitution; or (vii) Any conviction resulting from an underlying sexual offense against a victim who is a minor. (B) 'Criminal offense against a victim who is a minor' with respect to convictions occurring after June 30, 2001, means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of: (i) Kidnapping of a minor, except by a parent; (ii) False imprisonment of a minor, except by a parent; (iii) Criminal sexual conduct toward a minor; (iv) Solicitation of a minor to engage in sexual conduct; (v) Use of a minor in a sexual performance; (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

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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 and any person that the offender believed at the time of the offense was under the age of 18 years if such person was the victim of an offense. (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. (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

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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 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.

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(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 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;

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(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 (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

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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 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

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(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 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

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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 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.

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(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 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

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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:
(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.

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(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 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.
Representative Barnard of the 166th moved that the House disagree to the Senate substitute to HB 106.
The motion prevailed.
The following Bills and Resolution of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitutes thereto:
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

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related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Representative Ralston of the 7th moved that the House adhere to its position in insisting on its substitute to SB 230 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 Ralston of the 7th, Keen of the 179th and Mumford of the 95th.

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.

Representative O`Neal of the 146th moved that the House insist on its position in substituting SB 227.

The motion prevailed.

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.

Representative Hill of the 21st moved that the House insist on its position in substituting SR 88.

The motion prevailed.

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The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:
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 following Senate substitute was read:
A BILL
To amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to provide for additional authority for the board to expunge or delete certain violations from the disciplinary record of any licensee; to provide for additional authority for the board to refuse to grant a license, revoke a license, or discipline a licensee; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, is amended by striking Code Section 43-9-6.1, relating to the scope of the authority of the Georgia Board of Chiropractic Examiners, and inserting in its place the following:
"43-9-6.1. The board is authorized to:
(1) Adopt, amend, and repeal such rules and regulations not inconsistent with this chapter necessary for the proper administration and enforcement of said chapter; (2) Examine, issue, renew, and reinstate the licenses of duly qualified applicants for licensure to practice chiropractic in this state; (3) Deny, suspend, revoke, or otherwise sanction licenses to practice chiropractic in this state; (4) Initiate investigations for the purpose of discovering violations of this chapter; (5) Conduct hearings upon charges calling for the discipline of a licensee or on violations of this chapter; and (6) Issue to chiropractors, licensed under this chapter, certificates under the seal of the board evidencing such licensure and signed, either by hand or facsimile signature, by the president of the board and the division director; and

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(7) Expunge or delete from the disciplinary record of any licensee advertising violations not defined in the rules of the board as immoral and unprofessional conduct or relating to reasonable care and skill in the treatment of a patient."
SECTION 2. Said chapter is further amended by striking subsection (a) of Code Section 43-9-12, relating to grounds for refusal or revocation of license, and inserting in its place the following:
"(a) The board shall have the authority to refuse to grant a license to an applicant therefor or to revoke the license of a person licensed by that board or to discipline a person licensed by that board, upon a finding by a majority of the entire board that the licensee or applicant has:
(1) Failed to demonstrate the qualifications or standards for a license contained in this chapter or the rules or regulations promulgated under this chapter; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he meets all the requirements for the issuance of a license, and, if the board is not satisfied as to the applicants qualifications, it may deny a license without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he so desires; (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of chiropractic 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; (3) Been convicted of any felony or of any crime involving 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 and paragraph (4) of this subsection, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought; (4) Been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, where:
(A) A plea of nolo contendere was entered to the charge; (B) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (C) An adjudication or sentence was otherwise withheld or not entered on the charge. The plea of nolo contendere or 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;

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(5) Had his license to practice chiropractic revoked, suspended, or annulled by any lawful licensing authority other than the board; or had other disciplinary action taken against him by any such lawful licensing authority other than the board; or was denied a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings, or was refused the renewal of a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings; (6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the licensee or applicant to practice chiropractic, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of chiropractic but shows that the licensee or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness; unprofessional conduct shall also include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing practice of chiropractic; (7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any licensee whose license has been suspended or revoked by the board to practice chiropractic or to practice outside the scope of any disciplinary limitation placed upon the licensee by the board; (8) Violated a statute, law, or any rule or regulation of this state, any other state, the board, the United States, or any other lawful authority without regard to whether the violation is criminally punishable, which statute, law, or rule or regulation relates to or in part regulates the practice of chiropractic when the licensee or applicant knows or should know that such action is violative of such statute, law, or rule; or violated a lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or license reinstatement; (9) Been adjudged mentally incompetent by a court of competent jurisdiction inside or outside this state; any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect; or (10) Displayed an inability to practice chiropractic with reasonable skill and safety to the public or has become unable to practice chiropractic with reasonable skill and safety to the public by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material.; or (11) Become unable to practice chiropractic with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition:
(A) In enforcing this paragraph, the board may, upon reasonable grounds, require a licensee or applicant to submit to a mental or physical examination by licensed health care providers designated by the board. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-9-21. Every person who shall accept the privilege of practicing

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chiropractic in this state or who shall file an application for a license to practice chiropractic in this state shall be deemed to have given his or her consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board, upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure was due to circumstances beyond his or her control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee or applicant who is prohibited from practicing chiropractic under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate to the board that he or she can resume or begin the practice of chiropractic with reasonable skill and safety to patients; (B) For the purposes of this paragraph, the board may, upon reasonable grounds, obtain any and all records relating to the mental or physical condition of a licensee or applicant, including psychiatric records; and such records shall be admissible in any hearing before the board, notwithstanding any privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-9-21. Every person who shall accept the privilege of practicing chiropractic in this state or who shall file an application to practice chiropractic in this state shall be deemed to have given his or her consent to the boards obtaining any such records and to have waived all objections to the admissibility of such records in any hearing before the board, upon the grounds that the same constitutes a privileged communication; and (C) If any licensee or applicant could, in the absence of this paragraph, invoke a privilege to prevent the disclosure of the results of the examination provided for in subparagraph (A) of this paragraph or the records relating to the mental or physical condition of such licensee or applicant obtained pursuant to subparagraph (B) of this paragraph, all such information shall be received by the board in camera and shall not be disclosed to the public, nor shall any part of the record containing such information be used against any licensee or applicant in any other type of proceeding."

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Wilkinson of the 52nd moved that the House agree to the Senate substitute to HB 266.

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

Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard

Y Crawford Y Cummings Y Davis Y Day Y Dean

Y Holmes Y Holt Y Horne
Houston Y Howard

Maxwell Y May Y McCall
McClinton Y Meadows

Y Sailor E Scheid Y Scott, A Y Scott, M Y Setzler

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

Y Dickson Dodson Dollar
Y Drenner Y Dukes
Ehrhart Y England
Epps Y Fleming
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
Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A

Hudson Y Hugley E 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
Lane, R Y Lewis
Lindsey Lord Y Loudermilk Lucas Lunsford Y Maddox Mangham Manning Marin Y Martin

On the motion, the ayes were 137, nays 0.

Millar Y Miller E 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
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 Shaw Y Sheldon
Sims, C Y Sims, F
Sinkfield E Smith, B Y Smith, L Y Smith, P Y Smith, R
Smith, T E 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

The motion prevailed.

Representatives Abdul-Salaam of the 74th and Marin of the 96th 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 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.
The following Senate substitute was read:
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 certain employers may employ a person who was retired under the Teachers Retirement System of Georgia on December 31, 2003, in a full-time capacity in certain positions 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 certain covered positions and such persons retirement benefits shall not be affected; to repeal conflicting laws; and for other purposes.
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' means a member beneficiary of this retirement system who was retired on a service retirement on December 31, 2003. (b)(1) A local public school system may employ a retired teacher as a full-time classroom teacher, principal, superintendent, counselor, or librarian, or improvement specialist and such person shall be subject to the provisions of subsection (c) of this

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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) A regional educational service agency as defined in Code Section 20-2-270 may employ a retired teacher as a full-time improvement specialist and such person shall be subject to the provisions of subsection (c) of this Code section. (2)(3) 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 beneficiary. (3)(4) A public school system 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 service as a classroom teacher, principal, superintendent, counselor, or librarian, or improvement specialist, 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."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Coleman of the 97th moved that the House agree to the Senate substitute to HB 495.

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

Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard

Y Crawford Y Cummings Y Davis Y Day Y Dean

Y Holmes Y Holt Y Horne Y Houston Y Howard

Maxwell Y May Y McCall
McClinton Y Meadows

Y Sailor E Scheid Y Scott, A Y Scott, M Y Setzler

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4149

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

Y Dickson Dodson Dollar
Y Drenner Y Dukes
Ehrhart Y England
Epps Y Fleming
Floyd, H Y Floyd, J Y Fludd
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
Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A

Hudson Y Hugley E 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
Lane, R Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas
Lunsford Y Maddox Y Mangham
Manning Marin Y Martin

On the motion, the ayes were 140, nays 0.

Millar Y Miller E Mills Y Mitchell Y Morgan
Morris Y Mosby Y Mosley Y Mumford Y Murphy, J
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 Shaw Y Sheldon
Sims, C Y Sims, F
Sinkfield E Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T E Smith, V
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 Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker

The motion prevailed.

Representatives Abdul-Salaam of the 74th and Marin of the 96th 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 Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto:

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

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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.

The following Senate amendment was read:

The Senate moves to amend the House substitute to SB 206 by striking lines 1 through 6 of page 1 and inserting in lieu thereof the following:

"To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain provisions relating to legislative declarations relative to hunting, fishing, and the taking of wildlife, ownership and custody of wildlife, promotion and right to hunt, trap, or fish, local regulation, and general offenses; to change certain provisions relating to hunting deer with dogs; to repeal conflicting laws; and for other purposes.".

By striking Section 1 and inserting in lieu thereof the following:

"SECTION 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended in subsection (c) of Code Section 27-1-3, relating to legislative declarations relative to hunting, fishing, and the taking of wildlife, ownership and custody of wildlife, promotion and right to hunt, trap, or fish, local regulation, and general offenses, by designating the existing provisions of said subsection as paragraph (2) thereof and adding a new paragraph (1) to read as follows:

'(1) To the greatest practical extent, department land management decisions and actions shall not result in any net loss of land acreage available for hunting opportunities on department managed state owned lands that exists on the effective date of this paragraph.'".

Representative Lane of the 158th moved that the House agree to the Senate amendment to the House substitute to SB 206.

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

Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard
Barnes Y Bearden E Beasley-Teague

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson
Dodson Dollar

Y Holmes Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley E Jackson

Maxwell Y May Y McCall
McClinton Y Meadows
Millar Y Miller E Mills

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon
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
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
Coleman, B Y Coleman, T
Cooper Y Cox

Y Drenner Y Dukes
Ehrhart Y England
Epps Y Fleming
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
Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A

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

On the motion the ayes were 135, nays 2.

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 Parham Y Parrish 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 Rynders

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

The motion prevailed.

Representative Setzler of the 35th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representatives Abdul-Salaam of the 74th and Marin of the 96th 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 Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

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,

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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, 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 Senate substitute was read:
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 for proof of intent to avoid payment under certain circumstances; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 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. The trier of fact may infer that the accused intended to avoid payment due for the rental or lease of any personal property in any prosecution pursuant to Code Sections 16-8-2, relating to theft by taking, 16-8-3, relating to theft by deception, 16-8-4, relating to theft by conversion, or 16-8-5, relating to theft of services, if a person knowingly:
(1) Used false identification; (2) Provided false information on a written contract; (3) Made, drew, uttered, executed, or delivered an instrument for the payment of money on any bank or other depository in exchange for present consideration, knowing that it would not be honored by the drawee; (4) Abandoned any property at a location that is not the location agreed upon for return and that would not be reasonably known to the owner; (5) Returned any property to a location that would not reasonably be known to the owner without notifying the owner; or (6) Returned any property at a time beyond posted business hours of the owner. No person shall be convicted under Code Sections 16-8-2, relating to theft by taking, 16-8-3, relating to theft by deception, 16-8-4, relating to theft by conversion, or 16-8-5, relating to theft of services, where there was an agreement to delay payment for such property or services or the accused makes payment in full within two business days after returning the property or obtaining the services."

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SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Lane of the 158th moved that the House agree to the Senate substitute to HB 236.

On the motion, 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 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
Coleman, B Y Coleman, T
Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day
Dean Y Dickson
Dodson Dollar Y Drenner Y Dukes Ehrhart Y England 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 Y Hanner 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
Hudson Y Hugley E Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings
Johnson Y Jones, J
Jones, S Y Jordan Y Keen
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 Marin Y Martin

On the motion, the ayes were 135, nays 0.

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

Y Sailor Y Scheid Y Scott, A Y Scott, M
Setzler Y Shaw Y Sheldon
Sims, C Y Sims, F
Sinkfield E Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T E Smith, V
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
Willard Williams, A Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker

The motion prevailed.

Representative Marin of the 96th 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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The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

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.

Representative Rice of the 51st moved that the House recede from its position in substituting SB 93.

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

N Abdul-Salaam Y Amerson E Anderson N Ashe Y Barnard
Barnes Y Bearden E 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 N Byrd Y Carter Y Casas Y Chambers Y Channell N Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T

Y Crawford N Cummings Y Davis Y Day
Dean Y Dickson
Dodson Dollar Drenner N Dukes Ehrhart Y England Epps Y Fleming N 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 N Greene N Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K Heckstall Y Hembree N Henson

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

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

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

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Y Cooper Y Cox

Y Hill, C Y Hill, C.A

N Marin Y Martin

On the motion, the ayes were 96, nays 57.

Y Royal Y Rynders

Y Yates Richardson,
Speaker

The motion was prevailed.

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 Morgan of the 39th 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.

The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto:

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.

The following Senate amendment was read:

The Senate moves to amend the House Committee substitute to SB 168 by deleting "To" on line 1 on page 1 and inserting in its place the following: "To amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, by designating an annual Bill Elliott Day in Georgia; to".

By inserting a new Section .1 to read as follows:

"SECTION .1.

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Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, is amended by inserting a new Code Section 1-4-15, immediately following Code Section 1-4-14, relating to Home Education Week, to read as follows:
'1-4-15. (a) The General Assembly finds that a Georgia familys proud tradition of racing began in Dawsonville, Georgia, under the tutelage and guiding hand of George Elliott. Georges young son Bill began to demonstrate at an early age a natural skill and competitive racing instinct at Dixie Speedway in Woodstock, and in 1976, at the tender age of 20, Bill Elliott entered his first Winston Cup race and launched a career that would span decades. Awesome Bill from Dawsonville, a modest, unassuming, and unpretentious man, has become a household name in NASCAR racing and has been selected Most Popular Driver an unprecedented 16 times, Georgia Professional Athlete of the Year twice, National Motorsports Driver of the Year 14 times, and in 1998, was inducted into the Georgia Sports Hall of Fame. It is virtually impossible to list all of the honors and awards Million Dollar Bill has garnered over his incandescent career, but perhaps his most acclaimed accomplishment is his support, love, and respect from racing fans. He has given unstintingly of his time, talents, energy, and financial resources to numerous charities including the Special Olympics, the M.D. Anderson Cancer Center, and the Make-A-Wish Foundation and it is abundantly fitting and proper that this extraordinary Georgian be recognized in a special and lasting manner. (b) The members of the General Assembly commend Bill Elliott for his over 30 years of outstanding contributions to the sport of racing and designate October 8 of each year as Bill Elliott Day in Georgia.'"

By deleting "1,000 250" and inserting "1,000"on line 13 on page 2.

By deleting "150" and inserting "500" on line 21 on page 2.

By deleting "150" and inserting "500" on line 26 on page 2.

By deleting "250" and inserting "1,000" on line 28 on page 2.

Representative Rice of the 51st moved that the House agree to the Senate amendment to the House substitute to SB 168.

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

Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard
Barnes Y Bearden E Beasley-Teague

Y Crawford Y Cummings
Davis Y Day Y Dean Y Dickson
Dodson Y Dollar

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson

Y Maxwell Y May Y McCall
McClinton Y Meadows Y Millar Y Miller E 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
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 Y Coleman, T Y Cooper Y Cox

Y Drenner Y Dukes
Ehrhart Y England
Epps Y Fleming Y Floyd, H Y 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
Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Jacobs Y James
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 Y Mangham Y Manning Y Marin Y Martin

On the motion the ayes were 149, nays 3.

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

The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

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 report of the Committee of Conference was read:

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COMMITTEE OF CONFERENCE REPORT ON HB 366

The Committee of Conference on HB 366 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 366 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Chip Rogers Senator, 21st District

/s/ Jack Murphy Representative, 23rd District

/s/ Bill Stephens Senator, 27th District

/s/ Tom Knox Representative, 24th District

/s/ Chip Pearson Senator, 51st District

/s/ Calvin Hill Representative, 21st District

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 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

THURSDAY, MARCH 31, 2005

4159

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 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

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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 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.

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4161

(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.

Representative Murphy of the 23rd moved that the House adopt the report of the Committee of Conference on HB 366.

On the motion, 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 Y Benfield Y Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown
Bruce

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

Y Holmes Y Holt Y Horne
Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y 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
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield E Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T E Smith, V Y Smyre

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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 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 Keen Y Keown Y Kidd Y Knight Y Knox
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

On the motion, the ayes were 157, nays 0.

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
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

The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

SB 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.

Representative Butler of the 18th moved that the House recede from its position in substituting SB 51.

On the motion, 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 Y Benfield

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner

Y Holmes Y Holt Y Horne
Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar Y Miller E Mills Y Mitchell

Y Sailor Scheid
Y Scott, A Y Scott, M Y Setzler
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
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
Cole Y Coleman, B Y Coleman, T Y Cooper
Cox

Y Dukes Ehrhart
Y England 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
Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y 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 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 Y Orrock
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 Sinkfield E 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
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 motion, the ayes were 156, nays 1.

The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

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 Senate substitute was read:

A BILL

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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. This Code section shall also not apply to any autopsy or limited dissection as defined by Code Section 45-16-21 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."
SECTION 2. This Act shall become effective on July 1, 2005, and shall apply to all offenses committed on or after such date.

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Oliver of the 83rd moved that the House agree to the Senate substitute to HB 10.

On the motion, 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 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 Crawford Y Cummings 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 Y Henson Y Hill, C Y Hill, C.A

Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jennings Y Johnson
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
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

On the motion, the ayes were 161, nays 0.

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
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 Y Setzler
Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield E Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T E 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

The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

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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.
Representative Willard of the 49th moved that the House insist on its position in substituting SB 203.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
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 Senate substitute was read:
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

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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 provide for exemptions with respect to certain taxation; to provide for legislative findings and determinations; 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 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.

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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 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."

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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, 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

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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 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.

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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. (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

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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 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.

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(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 12 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; and (4) Two members who are representatives of the telecommunications industry, 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:
(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

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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 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;

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(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 Section 46-5-124 by furnishing a resolution of intent regarding an emergency telephone number '911' 9-1-1 system.
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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 465-134, 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

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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 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,

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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 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

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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. (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

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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 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

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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; provided, however, that such amount may be increased to 45 upon implementation of step two of the state plan governing 9-1-1 enhanced communications as provided in subsection (g) of this Code section. 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. (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; (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;

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(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. (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

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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 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.
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 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

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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. (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.

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(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 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.

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(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. (g) It is found, determined, and declared that the creation of the authority 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 purpose and that the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this Code section. This state covenants that the authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision, or upon its activities in the operation or maintenance of the buildings erected or acquired by it, or upon any fees, rentals, or other charges for the use of such buildings, or upon other income received by the authority. The exemption provided in this Code section shall include an exemption from state and local sales and use tax on property purchased by the authority for use exclusively by the authority.
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

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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 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.

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(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 must be the residential street address or the primary business street address of the customer. At such time as the state certifies a master street address data base covering all or a portion of the state, addresses within the area so covered shall be identified by FIPS code. If the state has not designated such a data base, a home service provider desiring to be held harmless from any tax, charge, or fee liability under the provisions of 4 U.S.C. Section 120 shall employ an enhanced ZIP code to assign each street address to a specific taxing jurisdiction for each level of taxing jurisdiction and exercise due diligence at each level of taxing jurisdiction to ensure that each such street address is assigned to the correct taxing jurisdiction. If an enhanced ZIP code overlaps boundaries of taxing jurisdictions of the same level, the home service provider shall designate one specific jurisdiction within such enhanced ZIP code for use in taxing the activity for such enhanced ZIP code for each level of taxing jurisdiction. (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 to the address provided as required by 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,

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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 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.

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(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, 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. The home service provider shall indicate in such report whether it is employing an enhanced ZIP Code to assign each street address to a specific taxing jurisdiction so as to qualify for the safe harbor provisions of 4 U.S.C. Section 120. 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

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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; provided, however, that such information shall initially be made available not later than July 1, 2006; 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. All laws and parts of laws in conflict with this Act are repealed.

Representative Lunsford of the 110th moved that the House agree to the Senate substitute to HB 470.

On the motion, 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 Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson Y Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England
Epps

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

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

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

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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 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
Heard, K Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Johnson 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
Loudermilk Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

On the motion, the ayes were 159, nays 0.

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
Rice Y Roberts
Rogers Y Royal Y Rynders

Y Smith, R Y Smith, T E 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

The motion prevailed.

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

HR 904. By Representative Smith of the 168th:
A RESOLUTION supporting and commending the public display of the Ten Commandments; and for other purposes.
HR 905. By Representatives Drenner of the 86th and Benfield of the 85th:

A RESOLUTION commending Linda C. Ellis; and for other purposes.
HR 906. By Representatives Benfield of the 85th, Drenner of the 86th, Orrock of the 58th and Gardner of the 57th:
A RESOLUTION recommending and commending Kerry Pacer for her role in establishing PRIDE, or Peers Rising in Diverse Education, and promoting diversity and tolerance at White County High School; and for other purposes.

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HR 907. By Representatives Orrock of the 58th, Gardner of the 57th, Drenner of the 86th and Benfield of the 85th:
A RESOLUTION commending Berl Boykin; and for other purposes.
HR 908. By Representatives Teilhet of the 40th and Johnson of the 37th:
A RESOLUTION commending Fair Oaks community in Cobb County and encouraging Dobbins Air Force Base to protect this community's oak trees to the greatest extent possible; and for other purposes.
HR 948. By Representatives Buckner of the 76th, Reece of the 11th, Smith of the 168th, Dukes of the 150th, Greene of the 149th and others:
A RESOLUTION commending Georgia's Superior Court Clerks and the Georgia Superior Court Clerks' Cooperative Authority and inviting their selected delegates to appear before the House of Representatives; and for other purposes.
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 Bill and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 677 Do Pass SB 295 Do Pass, by Substitute
Respectfully submitted, /s/ Smith of the 168th
Chairman
The following Bills of the Senate, having been postponed from the previous legislative day, were taken up for consideration and read the third time:
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

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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.

Representative Burkhalter of the 50th moved that further consideration of SB 145 be postponed until later in the legislative day.

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

Y Abdul-Salaam Y Amerson E Anderson Y Ashe Y Barnard
Barnes N Bearden E Beasley-Teague Y Benfield
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
Burmeister Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell
Cheokas Y Coan
Cole Y Coleman, B Y Coleman, T
Cooper Y Cox

Y Crawford Y Cummings Y Davis Y Day N Dean N Dickson Y Dodson N Dollar Y Drenner
Dukes Y Ehrhart Y England Y Epps
Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster Y Franklin N Freeman Y Gardner Y Geisinger
Golick N 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 N Hudson Y Hugley E Jackson Y Jacobs Y James Y Jamieson Y Jenkins
Jennings Y Johnson Y Jones, J Y Jones, S
Jordan Y Keen
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

On the motion, the ayes were 137, nays 9.

Y Maxwell Y May Y McCall
McClinton Y Meadows Y Millar Y Miller E Mills Y Mitchell Y Morgan
Morris Y Mosby
Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver
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
Rogers Y Royal Y Rynders

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

The motion prevailed.

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4195

Representative Channell of the 116th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

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.

The following amendment was read:

Representatives Holt of the 112th and Burkhalter of the 50th move to amend SB 106 by striking "offense." and inserting in its place "offense.'" on line 25 of page 1.

By striking in their entirety lines 1 and 2 of page 2.

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

N Abdul-Salaam N Amerson E Anderson N Ashe Y Barnard
Barnes N Bearden E 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 Y Buckner, G Y Burkhalter Y Burmeister Y Burns Y Butler Y Byrd Y Carter

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

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

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

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

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

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

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

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

On the adoption of the amendment, the ayes were 80, nays 70.

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

The amendment was adopted.

Representative Morris of the 155th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon..

The report of the Committee, which was favorable to the 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 Ashe Y Barnard
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 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 Y Golick Y Graves, D Y Graves, T
Greene Y Hanner

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

N 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
O'Neal Y Orrock
Parham Y Parrish
Parsons Y Porter Y Powell Y Ralston Y Randall

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

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4197

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

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 Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

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

On the passage of the Bill, the ayes were 153, nays 2.

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

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

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 "aye" thereon.

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 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.

The following amendment was read and withdrawn:

Representative Walker of the 107th moves to amend HR 512 by striking lines 28 and 29 on page 3 and inserting in lieu thereof the following:

"shall only be received by the members of the House of Representatives for not more than five days. In".

The following substitute, offered by the Committee on Rules, was read and adopted:

A RESOLUTION

Creating the House Community Living Services Study Committee; and for other purposes.

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WHEREAS, it is the policy of this state to promote policies that place individuals in the appropriate level of care based on their individual needs; and
WHEREAS, it is the policy of this state to promote policies in favor of deinstitutionalization; and
WHEREAS, the policy of this state to protect the health, safety, and welfare of Georgias persons and property would be best served by a uniform approach to the delivery of all community living services that fairly balances the needs of individuals with the needs of the community; and
WHEREAS, community living services are provided in personal care homes, adult community living arrangements, and child care institutions; and
WHEREAS, the Department of Human Resources contains four divisions (Public Health, Family and Children Services, Aging Services, and Mental Health, Developmental Disabilities, and Addictive Diseases) and three offices (Office of Regulatory Services, Office of Adoptions, and Office of Child Support Enforcement); and
WHEREAS, community living services are primarily delivered through the Office of Aging, and the Division of Mental Health, Developmental Disabilities, and Addictive Diseases; and
WHEREAS, the Office of Regulatory Services responsibilities include inspecting, monitoring, licensing, registering, and certifying a variety of health and child care facilities; and
WHEREAS, there has emerged a trend in these facilities throughout the state, specifically DeKalb in the southern and eastern portions of the county; and
WHEREAS, personal care homes are defined as a health care facility within the Georgia Code; and
WHEREAS, community living arrangements and child care institutions are not defined as health care facilities within the Georgia Code; and
WHEREAS, the delivery of all community living arrangements would be best served by a plan that includes best practices in delivering such services in the community; and
WHEREAS, the current Code and Regulations relating to all community living services have been amended numerous times resulting in some provisions of the Code being confused and inconsistent; and

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WHEREAS, the Department of Human Resources, the Department of Community Health, child advocates, senior advocates, mental health advocates, community advocates, county governments, and state policymakers recognize that our state would be best served by a comprehensive, research based, best practices model that would govern the delivery of community living services.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Community Living Services Study Committee to be composed of the following members:
(1) Three members of the House of Representatives to be appointed by the Speaker of the House, one of whom shall be designated as the cochairperson; (2) A representative from the Association of County Commissioners; (3) A representative from the Georgia Municipal Association; (4) The commissioner of the Department of Human Resources or his or her designee; (5) The commissioner of the Department of Community Health or his or her designee; (6) A representative from the Office of Regulatory Services or his or her designee; (7) A representative from the Georgia Council on Aging; (8) A representative from the Association of Personal Care Homes; (9) A representative from a neighborhood association; (10) A representative from a mental health advocacy group; (11) A representative from a developmental disabilities advocacy group; (12) A representative from an area agency on aging; and (13) Three members appointed by the Governor. The Governor shall also appoint two other persons who shall serve in an advisory capacity to the committee. Any vacancy on the committee shall be filled by appointment by the original appointing authority.
BE IT FURTHER RESOLVED that the committee shall study the conditions, needs, issues, and problems of community living services in Georgia. In conducting such study, the committee shall study community living arrangements in Georgia and other states and shall elicit views from experts in the field. The committee shall examine recent court decisions affecting the delivery of community living services and shall determine what revisions to the Code, if any, are necessary and desirable. The committee shall review the range of services or sanctions that are needed to best serve the needs of the community, families, and children. The committee may appoint subcommittees composed of members of this committee as well as public officials and citizens who have expertise or particular interest in the various areas of community living services. The committee shall meet for the purpose of organizing and electing such officers as it deems advisable, determining a quorum, adopting procedures for operations, and attending to such other matters as it deems appropriate within 45 days of this resolution becoming law. The date, time, and place of the first meeting shall be determined by the Governor. The Office of Legislative Counsel shall provide staff to the committee. The committee

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may enter into agreements with other state agencies for such additional staff or support as the committee may determine to be necessary. The committee shall recommend to the Governor and the General Assembly any action or legislation which the committee deems necessary or appropriate and shall oversee the implementation of such recommendations. The legislative members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. All funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the House of Representatives. The expenses and allowances authorized by this resolution shall not be received by the members of the House of Representatives for more than three days unless additional days are authorized as provided by the rules of the House of Representatives. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2005. This resolution shall be repealed on December 31, 2005, and the committee and all subcommittees of the committee shall stand abolished on December 31, 2005.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute.
HR 632. By Representatives Roberts of the 154th and Scott of the 153rd:
A RESOLUTION creating the House Wildlife Management Study Committee; and for other purposes.
The following substitute, offered by the Committee on Rules, was read and adopted:
A RESOLUTION
Creating the House Wildlife Management Study Committee; and for other purposes.
WHEREAS, a number of issues and concerns related to state wildlife management practices have been raised during the 2005 regular session of the General Assembly, including but not limited to the issue of hunting over or near feed or bait used to entice game; and
WHEREAS, many of these state wildlife management issues and concerns warrant further study during the interim between the 2005 and 2006 regular sessions of the General Assembly.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Wildlife Management Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker of the

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House of Representatives. The Speaker shall designate a member of the committee as chairperson of the committee. The chairperson shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution; provided, however, that the committee shall conduct at least one public hearing in the northern area of the state (consisting of the Blue Ridge, Ridge and Valley, and Appalachian Plateau physiographic provinces combined), at least one public hearing in the middle area of the state (Piedmont physiographic province), and at least one public hearing in the southern area of the state (Coastal Plain physiographic province). The members of the committee shall receive the allowances provided for in Code Section 281-8 of the Official Code of Georgia Annotated. The allowances authorized by this resolution shall not be received by any member of the committee for more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 2005. The committee shall stand abolished on December 1, 2005.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute.
HR 633. By Representatives Manning of the 32nd, Talton of the 145th, Graves of the 137th, Parsons of the 42nd and Ashe of the 56th:
A RESOLUTION urging and requesting the Department of Human Resources, the Department of Community Health, the Department of Education, the Department of Labor, and the Department of Juvenile Justice to take certain actions with respect to certain services for people with certain disabilities; creating the Oversight Committee for Planning to Provide Home and Community Based Services; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
By unanimous consent, the following roll call was made applicable to the previously read Resolutions.

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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 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
Cheokas Y Coan Y Cole Y Coleman, B Y Coleman, T
Cooper Y Cox

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

On the adoption of the Resolutions, the ayes were 148, nays 1.

Sailor Y Scheid Y Scott, A E Scott, M Y Setzler Y 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 E 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
Williams, A Y Williams, E Y Williams, R
Wix Yates Richardson, Speaker

The Resolutions, having received the requisite constitutional majority, were adopted.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

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

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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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 36

The Committee of Conference on HB 36 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 36 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ John Wiles Senator, 37th District

/s/ Jan Jones Representative, 46th District

/s/ David Shafer Senator, 48th District

/s/ Wendell Willard Representative, 49th District

/s/ Joe Wilkinson Representative, 52nd District

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 applicable to new incorporations; to provide that new municipal corporations shall have a minimum amount of time to arrange for service delivery; to

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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 for intergovernmental relations; to provide for delayed application of certain laws; to authorize appointment of interim representatives; 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 effect with respect to certain county special districts and provide certain protections for the residents of such districts; to provide for the manner of expenditure of certain county special district taxes, fees, and assessments under certain circumstances; 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 certain newly incorporated municipalities and other local governments in the county; to provide for other related matters; to provide for severability; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 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 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.

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(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 created 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. When a new municipal corporation is created 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

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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 created by local Act, the local Act may provide for a transition period not to exceed 24 months for the orderly transition of governmental functions 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, on and after the first day the initial governing authority takes office, the governing authority may from time to time adopt appropriate measures to initiate collection within the territory of the new city during the transition period of all taxes, fees, assessments, fines and forfeitures, and other moneys. Where a particular tax, fee, assessment, fine, forfeiture, or other amount collected by the city during the transition period 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 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:

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(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 created 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 in the appropriation unless the chartering Act fails to secure passage or otherwise fails to become effective.
36-31-11.

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When a municipal corporation is created 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) The General Assembly finds that:
(1) The purpose of a special services district is to provide special services to a given geographic area and to finance the provision of those services from taxes, fees, and assessments levied in the geographic area which benefits from the services; (2) The creation of a municipal corporation within a county which has a special services district for the unincorporated area of the county may result in the special services district being divided into noncontiguous areas or in existing noncontiguous areas of such district being even more remote from each other; and (3) The purpose of a special services district is defeated if it becomes divided into noncontiguous areas which are remote from each other and one or more of such noncontiguous areas is subsidizing the provision of services in other such noncontiguous areas. (b) When a municipal corporation is created 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 following the creation of said municipal corporation the special district is divided into two or more noncontiguous areas, any special district taxes, fees, and assessments collected in such a noncontiguous area shall be spent to provide services in that noncontiguous area. (c) When a municipal corporation is created 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 each noncontiguous area of the special district; (2) The total amount of expenditures by the county for:
(A) The provision of services within each noncontiguous area of the special district, including only those services which are provided by the county only in the special district; and (B) The construction and maintenance of facilities for the provision of services referred to in subparagraph (A) of this paragraph; and (3) The amount by which expenditures stated in paragraph (2) of this subsection exceed or are less than the amount stated in paragraph (1) of this subsection. (d) The party performing the audit required by subsection (c) of this Code section shall prepare as promptly as is practicable a brief informational summary of the audit

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findings required by that subsection. The informational summary shall also include a statement of 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 each noncontiguous area of the special district if such area received an allocation equal on a per capita basis to the average per capita allocation to the cities in the county. 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. (e) For purposes of determining applicability of this Code section, a county shall be considered to have a special district for the provision of local government services when a county has created a special district for such purposes pursuant to Article IX, Section II, Paragraph VI of the Constitution or has created a similar district for the provision of services under any other provision of any past or present Constitution or law."
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 inserting a new subsection (f) at the end of Code Section 48-8-89.1, relating to distribution of the tax upon creation of a new municipal corporation in certain counties, to read as follows:
"(f)(1) This subsection shall apply only when: (A) 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 (B) 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.
(2) Notwithstanding any other provision of this Code section, if there exists within any special district in which the tax authorized by this article is imposed a qualified municipality described in paragraph (1) of this subsection 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 subsection.

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(3) Within 60 days after the effective date of the notice referred to in paragraph (2) of this subsection, 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 as a percentage of the total proceeds of the tax what portion of the proceeds shall be received by the county in which the special district is located and by the new qualified municipality. (4) Except as otherwise provided in this paragraph, a distribution certificate required by this subsection must be executed by the governing authorities of the county within which the special district is located and each new qualified municipality located wholly or partially within the special district. If a new certificate is not filed within 60 days as required by paragraph (3) of this subsection, 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 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. (5) The commissioner shall begin to distribute the proceeds as specified in the certificate applicable to the county and the new qualified municipality or, if such a certificate is not filed, as specified in paragraph (4) of this subsection on the first day of the first month which begins more than 60 days after the effective date of the notice referred to in paragraph (2) of this subsection. The commissioner shall continue to distribute the proceeds of the tax according to the 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 paragraph (4) of this subsection until a subsequent certificate is filed and becomes effective as provided in Code Section 488-89."
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

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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 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and 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.

Representative Willard of the 49th moved that the House adopt the report of the Committee of Conference on HB 36.

On the motion, 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
Bridges N Brooks Y Brown N Bruce Y Bryant Y Buckner, D Y Buckner, G Y Burkhalter Y Burmeister
Burns Y Butler Y Byrd Y Carter
Casas Y Chambers Y Channell
Cheokas Y Coan Y Cole
Coleman, B Y Coleman, T

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

N Holmes Y Holt Y Horne Y Houston
Howard Y Hudson N Hugley N Jackson Y Jacobs N James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J Y Jones, S
Jordan Y Keen
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 Maxwell Y May Y McCall N McClinton Y Meadows
Millar Y Miller E Mills N Mitchell N Morgan Y Morris N Mosby Y Mosley Y Mumford Y Murphy, J N Murphy, Q Y Neal Y Oliver
O'Neal N Orrock
Parham Y Parrish
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

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

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Y Cooper Y Cox

Y Hill, C Y Hill, C.A

Y Marin Y Martin

On the motion, the ayes were 119, nays 31.

Y Royal Y Rynders

Yates Richardson, Speaker

The motion prevailed.

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.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:

Mr. Speaker:

The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:

SB 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.

The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Wiles of the 37th, Meyer von Bremen of the 12th, and Weber of the 40th.

The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:

SB 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

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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.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Cagle of the 49th, Goggans of the 7th, and Rogers of the 21st.
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following resolution of the Senate:
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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Fort of the 39th, Grant of the 25th, and Tate of the 38th.
The Senate insists on its substitutes to the following bills of the House:
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.
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

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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.
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 Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
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.
Representative Burmeister of the 119th moved that the House insist on its position in disagreeing to the Senate substitute to HB 244 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.

THURSDAY, MARCH 31, 2005

4215

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

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

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

N Holmes Y Holt Y Horne Y Houston
Howard Y Hudson Y Hugley N Jackson Y Jacobs Y James Y Jamieson N Jenkins Y Jennings Y Johnson Y Jones, J N Jones, S
Jordan Y Keen
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 Maxwell Y May Y McCall N McClinton Y Meadows
Millar Y Miller Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mosley
Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver
O'Neal N Orrock
Parham Y Parrish
Parsons Y Porter Y Powell
Ralston Y Randall Y Ray N Reece, B Y Reece, S
Reese Y Rice Y Roberts Y Rogers
Royal Y Rynders

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

On the motion, the ayes were 111, nays 33.

The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:

Representatives Burmeister of the 119th, Keen of the 179th and Burkhalter of the 50th.

Representative Thomas of the 55th stated that she had been called from the floor of

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the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.
The Speaker announced the House in recess until 1:30 o'clock this afternoon.

THURSDAY, MARCH 31, 2005

4217

AFTERNOON SESSION
The Speaker called the House to order.
The following Resolutions of the House were read:
HR 911. By Representatives Willard of the 49th, Lindsey of the 54th, Oliver of the 83rd, Ralston of the 7th, Coan of the 101st and others:
A RESOLUTION commending and expressing appreciation to Ms. Jill Travis; and for other purposes.
HR 912. By Representatives Willard of the 49th, Lindsey of the 54th, Oliver of the 83rd, Crawford of the 127th, Ralston of the 7th and others:
A RESOLUTION recognizing and commending Ms. Desiree Stadnick; and for other purposes.
HR 913. By Representatives Miller of the 106th, Ralston of the 7th, Sheldon of the 105th, Mumford of the 95th, Casas of the 103rd and others:
A RESOLUTION recognizing and commending David Pollack and David Greene; and for other purposes.
HR 914. By Representatives Miller of the 106th, Coan of the 101st, Casas of the 103rd, Sheldon of the 105th, Mumford of the 95th and others:
A RESOLUTION recognizing and commending the extraordinarily successful career of Coach Thomas "T" McFerrin on the occasion of his retirement; and for other purposes.
HR 915. By Representative Williams of the 165th:
A RESOLUTION remembering and honoring the life of Mrs. Blanche Polite Lambert; and for other purposes.
HR 916. By Representative Hatfield of the 177th:
A RESOLUTION expressing regret at the passing of James E. Blackburn, Sr.; and for other purposes.
HR 917. By Representative Hatfield of the 177th:

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A RESOLUTION commending Charles C. McGee; and for other purposes.
HR 918. By Representatives Jackson of the 161st, Brooks of the 63rd, Bordeaux of the 162nd, Bryant of the 160th and Day of the 163rd:
A RESOLUTION commending Rob Wheeler; and for other purposes.
HR 919. By Representative Jenkins of the 8th:
A RESOLUTION remembering and honoring the life of Mr. Watson Benjamin Dyer; and for other purposes.
HR 920. By Representatives Wix of the 33rd, Teilhet of the 40th, Gardner of the 57th, Ray of the 136th and Warren of the 122nd:
A RESOLUTION commending Shirley Ross; and for other purposes.
HR 921. By Representatives Smith of the 70th and Horne of the 71st:
A RESOLUTION celebrating the 100th birthday of Mrs. Beatrice Elliott; and for other purposes.
HR 922. By Representative Mitchell of the 88th:
A RESOLUTION honoring Mrs. Myrtle Fitch Head on the occasion of her 80th birthday; and for other purposes.
HR 923. By Representative Hatfield of the 177th:
A RESOLUTION commending Ethan H. Barnhill; and for other purposes.
HR 924. By Representative Hatfield of the 177th:
A RESOLUTION commending Jeremiah Giles Trull; and for other purposes.
HR 925. By Representative Hatfield of the 177th:
A RESOLUTION commending Andrew Raymond Haynes; and for other purposes.
HR 926. By Representative Hatfield of the 177th:
A RESOLUTION commending Kenneth Eric Bryan Hayes; and for other purposes.

THURSDAY, MARCH 31, 2005

4219

HR 927. By Representative Hatfield of the 177th:
A RESOLUTION commending George F. Barnhill; and for other purposes.
HR 928. By Representative Smith of the 168th:
A RESOLUTION commending Joe Sears; and for other purposes.
HR 929. By Representatives Smith of the 168th, Keen of the 179th, Mosley of the 178th, Lane of the 167th, Williams of the 165th and others:
A RESOLUTION expressing admiration for the courage of the Davis family and commending the services provided by Speech, Hearing, and Rehabilitation Enterprises of Coastal Georgia, Inc.; and for other purposes.
HR 930. By Representative Hatfield of the 177th:
A RESOLUTION commending Casey Benjamin Claborn; and for other purposes.
HR 931. By Representative Hatfield of the 177th:
A RESOLUTION commending Addie Gibson; and for other purposes.
HR 932. By Representative Hatfield of the 177th:
A RESOLUTION honoring Dr. Olan Jones; and for other purposes.
HR 933. By Representative Hatfield of the 177th:
A RESOLUTION commending Candice Walker; and for other purposes.
HR 934. By Representative Hatfield of the 177th:
A RESOLUTION expressing regret at the passing of Alice Jean Hancock; and for other purposes.
HR 935. By Representatives Coleman of the 144th, Ralston of the 7th, Ray of the 136th, Houston of the 170th, Parrish of the 156th and others:
A RESOLUTION commending Joanna Troutman; and for other purposes.
HR 936. By Representative Hatfield of the 177th:

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A RESOLUTION commending Robert C. Coleman; and for other purposes.
HR 937. By Representative Ashe of the 56th:
A RESOLUTION recognizing and commending Paula White-Bradley for outstanding contributions to public education in the State of Georgia; and for other purposes.
HR 938. By Representative Hatfield of the 177th:
A RESOLUTION commending John Thomas Stewart; and for other purposes.
HR 939. By Representative Hatfield of the 177th:
A RESOLUTION commending Jeffrey K. Robinson; and for other purposes.
HR 940. By Representative Hatfield of the 177th:
A RESOLUTION commending Rick Harwood; and for other purposes.
HR 941. By Representative Hatfield of the 177th:
A RESOLUTION commending Caleb Worley; and for other purposes.
HR 942. By Representatives Sims of the 151st, Dukes of the 150th and Rynders of the 152nd:
A RESOLUTION commending Deion Branch; and for other purposes.
HR 943. By Representatives Brooks of the 63rd and Watson of the 91st:
A RESOLUTION honoring Franklin McCain, Joseph McNeil, Jibreel Khazan, and the late David Richmond, the "Greensboro Four"; and for other purposes.
HR 944. By Representative Hatfield of the 177th:
A RESOLUTION commending Jeremy B. James; and for other purposes.
HR 945. By Representative Hatfield of the 177th:
A RESOLUTION commending Stephanie Zechmann; and for other purposes.

THURSDAY, MARCH 31, 2005

4221

HR 946. By Representative Hatfield of the 177th:

A RESOLUTION expressing regret at the passing of Revenal E. Winge; and for other purposes.

HR 947. By Representative Smith of the 168th:

A RESOLUTION recognizing and commending Marjorie Roberts for excellence and dedication in the areas of nursing, health freedom, and public health education; and for other purposes.

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

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

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

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

Y Maxwell Y May
McCall McClinton Y Meadows Millar Y Miller Mills Mitchell Morgan Y Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Murphy, Q Neal Oliver Y O'Neal Orrock Parham Y Parrish Y Parsons Porter Y 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 E Scott, M
Setzler Y Shaw
Sheldon Y Sims, C Y Sims, F
Sinkfield E Smith, B
Smith, L Y Smith, P Y Smith, R Y Smith, T E Smith, V
Smyre Y Stanley-Turner
Stephens Stephenson Talton Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker Warren Y Watson Y Wilkinson Y Willard Williams, A Williams, E Y Williams, R Wix Y Yates Richardson, Speaker

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On the adoption of the Resolutions, the ayes were 102, nays 0.
The Resolutions were adopted.
Representative Neal of the 1st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
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 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.
Representative Knox of the 24th moved that the House insist on its position in disagreeing to the Senate substitute to HB 254 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 Knox of the 24th, Ehrhart of the 36th and Willard of the 49th.
The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:
SB 203. By Senator Wiles of the 37th:

THURSDAY, MARCH 31, 2005

4223

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.
Representative Willard of the 49th moved that the House adhere to its position in insisting on its substitute to SB 203 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 Willard of the 49th, Ehrhart of the 36th and Franklin of the 43rd.
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 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.
Representative Barnard of the 166th moved that the House insist on its position in disagreeing to the Senate substitute to HB 106 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 Barnard of the 166th, Cole of the 125th and Cox of the 102nd.
The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:
SB 227. By Senator Cagle of the 49th:

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JOURNAL OF THE HOUSE

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.
Representative O`Neal of the 146th moved that the House adhere to its position in insisting on its substitute to SB 227 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 O`Neal of the 146th, Rice of the 51st and Cummings of the 16th.
By unanimous consent, the following Bill and Resolution of the House and Senate were taken up for consideration and read the third time:
HR 677. By Representatives Knight of the 126th, Lunsford of the 110th, Davis of the 109th and Yates of the 73rd:
A RESOLUTION requesting the continuation of a study with respect to the potential location of a regional airport in Butts County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 295. By Senator Williams of the 19th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Jeff Davis County, approved March 25, 1958 (Ga. L. 1958, p. 3288), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act

THURSDAY, MARCH 31, 2005

4225

for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend an Act creating the Board of Commissioners of Jeff Davis County, approved March 25, 1958 (Ga. L. 1958, p. 3288), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Board of Commissioners of Jeff Davis County, approved March 25, 1958 (Ga. L. 1958, p. 3288), as amended, is amended by striking subsection (a) of Section 1A of said Act and inserting in lieu thereof the following:
"(a)(1) The Board of Commissioners of Jeff Davis County as it exists immediately prior to January 1, 2006, is continued in existence but on and after January 1, 2006, shall be constituted as provided in this Act. The Board of Commissioners of Jeff Davis County so continued and constituted, sometimes referred to in this Act as the 'board,' shall continue to have the powers, duties, rights, obligations, and liabilities of that board as existed immediately prior to January 1, 2006, and shall be subject to all constitutional and statutory provisions relating to boards of county commissioners. (2) Those members of the Board of Commissioners of Jeff Davis County who are serving as such immediately prior to January 1, 2006, 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 January 1, 2006, the Board of Commissioners of Jeff Davis County shall consist of five members all of whom shall be elected from commissioner districts described in paragraph (3) of this subsection. Commissioner Districts 1, 2, 3, 4, and 5 as they exist immediately prior to January 1, 2006, shall continue to be designated as Commissioner Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this Act, and on and after January 1, 2006, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this Act. (3) For purposes of electing members of the board of commissioners, Jeff Davis County is divided into five commissioner districts. One member of the board shall be

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elected from each such district by majority vote of the qualified voters residing within such commissioner district. The five commissioner districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: jeffdccsbw3 Plan Type: Local User: staff Administrator: Jeff Davis. (4) 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 Jeff Davis County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Jeff Davis County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any commissioner district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia."
SECTION 2. Said Act is further amended by striking Section 2A, relating to commissioner districts, in its entirety.
SECTION 3. The governing authority of Jeff Davis County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 60 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 4. This section and Section 3 of this Act and those provisions of this Act necessary for the election of members of the Board of Commissioners of Jeff Davis County in 2006 shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective January 1, 2006.

THURSDAY, MARCH 31, 2005
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
District 001 Jeff Davis County
Tract: 9601 BG: 3 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3042 3043 3044 3045 3047 3048 3049 3050 3051 3052 3053 BG: 4 4003 4004 4005 4006 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 BG: 5 5003 Tract: 9602 BG: 1 1000 1001 1002 1003 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 1999 BG: 2 BG: 3 3016 3017 3018 3019 3020 3021 3022 3023 3024 BG: 4 4000 4001 4002 4018 4019 4020 4021 4022
District 002 Jeff Davis County
Tract: 9601 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3035 3036 3037 3038 3039 3040 3041 3046 3054 3055
District 003 Jeff Davis County
Tract: 9601 BG: 4 4000 4001 4002 4007 4008 4009 4010 4011 4012 4013 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037

4227

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4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 BG: 5 5000 5001 5002 5010 5011 5012 5019 5020 5044 5045 5046 5047 5048 5049 5050 5051 5052 5999 BG: 6 Tract: 9603 BG: 2 2000 2028 2029 2030 2031 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2104 2105 2999
District 004 Jeff Davis County
Tract: 9601 BG: 5 5004 5005 5006 5007 5008 5009 5013 5014 5015 5016 5017 5018 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5053 Tract: 9602 BG: 4 4030 4031 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 BG: 5 5023 5026 5027 5028 5029 5044 5045 5046 5047 5048 5049 5050 5051 5052 5057 5058 Tract: 9603 BG: 1 1000 1001 1022 1023 1024 1025 1026 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1055 1056 1057 1058 1059 1060 1061 1062 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 2032 2033 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103
District 005 Jeff Davis County
Tract: 9602 BG: 1

THURSDAY, MARCH 31, 2005

4229

1004 1046 1047 1048 1049 1050 1998 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 BG: 4 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4023 4024 4025 4026 4027 4028 4029 4032 4033 4034 4035 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 5024 5025 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5053 5054 5055 5056 5998 5999 Tract: 9603 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1027 1028 1050 1051 1052 1053 1054 1998 1999
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
By unanimous consent, the following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto:
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.
The following Senate amendment was read:
The Senate moves to amend the House Committee substitute to SB 137 by striking the year "2010" on line 27 of page 3 and inserting in lieu thereof the year "2012".

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

On the passage of the Bills, and on the agreement to the Senate amendment to the House substitute, the roll call was ordered and the vote was as follows:

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

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

Holmes Y Holt Y Horne Y Houston
Howard Y Hudson Y Hugley
Jackson Y Jacobs
James Y Jamieson Y Jenkins Y Jennings Y Johnson
Jones, J Jones, S Jordan Y Keen Y Keown Y Kidd Y Knight Knox 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 Y McClinton Y Meadows Y Millar Y Miller Y Mills
Mitchell Morgan Y Morris Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver O'Neal Y Orrock Parham Y 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 Rynders

Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon
Sims, C Y Sims, F
Sinkfield E Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T E 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 Williams, A Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker

On the passage of the Bills, and on the agreement to the Senate amendment to the House substitute, the ayes were 130, nays 0.

The Bills, having received the requisite constitutional majority, were passed, and the Senate amendment to the House substitute was agreed to.

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

THURSDAY, MARCH 31, 2005

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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 matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 140

The Committee of Conference on SB 140 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 140 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Williams Senator, 19th District

/s/ Brown Representative, 69th District

/s/ Goggans Senator, 7th District

/s/ Ehrhart Representative, 36th District

/s/ Unterman Senator, 45th District

/s/ Stephens Representative, 164th District

A BILL

To amend Chapter 20A of Title 33 of the Official Code of Georgia Annotated, relating to

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managed health care plans, so as to create the Joint Committee to Study Prescription Costs in State Funded Health Care Plans; to provide for its membership, operation, and duties; to provide for automatic repeal; to amend Article 2 of Chapter 20A of Title 33 of the Official Code of Georgia Annotated, 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 Official Code of Georgia Annotated, 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 Official Code of Georgia Annotated, relating to PeachCare for Kids, so as to provide for a definition; to change certain provisions relating to the creation of PeachCare, availability, eligibility, payment of premiums, and enrollment; 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 20A of Title 33 of the Official Code of Georgia Annotated, relating to managed health care plans, is amended by adding a new article to the end of such chapter to read as follows:
"ARTICLE 4
33-20A-70. (a) There is created as a joint committee of the General Assembly the Joint Committee to Study Prescription Costs in State Funded Health Care Plans. The committee shall be composed of three members of the House of Representatives to be appointed by the Speaker of the House of Representatives and three members of the Senate to be appointed by the President Pro Tempore of the Senate. The members of the committee shall be appointed no later than May 1, 2005. The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall each designate one of the members appointed to serve as cochairpersons of the committee. The committee shall meet at the call of the cochairpersons. (b) 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 Code section. (c) The committee shall study and review prior authorization, formularies, and any other related issues with respect to coverage of prescription drugs under any state funded health care plans, including, but not limited to, plans and health care services offered, established, and provided pursuant to Article 1 of Chapter 18 of Title 45,

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Article 7 of Chapter 4 of Title 49, and Article 13 of Chapter 5 of Title 49. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2005. (d) The Department of Community Health shall cooperate with the committee and its authorized personnel in order that the committee may efficiently and effectively carry out its duties. The Department of Community Health shall submit to the committee such reports and data as the committee shall reasonably require of said department in order that the committee may adequately inform itself. (e) The members of the committee shall receive the same expenses and allowances for their services on the committee as are authorized by law for members of interim legislative study committees. The expenses and allowances authorized by this subsection shall not be received by any member of the committee for more than five days unless additional days are authorized by the Speaker of the House of Representatives and the President Pro Tempore of the Senate. The funds necessary for the purposes of the committee shall come from the funds appropriated to and available to the legislative branch of government. (f) The committee shall stand abolished and this Code section shall be automatically repealed on December 31, 2005."
SECTION 2. Article 2 of Chapter 20A of Title 33 of the Official Code of Georgia Annotated, relating to the patients right to independent review, is amended by striking such article in its entirety and inserting in lieu thereof a new Article 2 to read as follows:
"ARTICLE 2
33-20A-30. This article shall be known and may be cited as the 'Patients Right to Independent Review Act.'
33-20A-31. As used in this article:
(1) 'Department' means the Department of Community Health established under Chapter 5A of Title 31. (2) 'Eligible enrollee' means a person who:
(A) Is an enrollee or an eligible dependent of an enrollee of a managed care plan or was an enrollee or an eligible dependent of an enrollee of such plan at the time of the request for treatment; and (B) Seeks a treatment which reasonably appears to be a covered service or benefit under the enrollees evidence of coverage; provided, however, that this subparagraph shall not apply if the notice from a managed care plan of the outcome of the grievance procedure was that a treatment is experimental.; and

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(C) Is not a Medicaid care management member. (2)(3) 'Grievance procedure' means the grievance procedure established pursuant to Code Section 33-20A-5. (3)(4) 'Independent review organization' means any organization certified as such by the planning agency department under Code Section 33-20A-39. (5) 'Medicaid care management member' means a recipient of medical assistance, as that term is defined in paragraph (7) of Code Section 49-4-141, and shall also include a child receiving health care benefits pursuant to Article 13 of Chapter 5 of Title 49. (4)(6) 'Medical and scientific evidence' means:
(A) Peer reviewed scientific studies published in or accepted for publication by medical journals that meet nationally recognized requirements for scientific manuscripts and that submit most of their published articles for review by experts who are not part of the editorial staff; (B) Peer reviewed literature, biomedical compendia, and other medical literature that meet the criteria of the National Institutes of Healths National Library of Medicine for indexing in Index Medicus, Excerpta Medicus (EMBASE), Medline, and MEDLARS data base or Health Services Technology Assessment Research (HSTAR); (C) Medical journals recognized by the United States secretary of health and human services, under Section 1861(t)(2) of the Social Security Act; (D) The following standard reference compendia: the American Hospital Formulary Service-Drug Information, the American Medical Association Drug Evaluation, the American Dental Association Accepted Dental Therapeutics, and the United States Pharmacopoeia-Drug Information; or (E) Findings, studies, or research conducted by or under the auspices of federal government agencies and nationally recognized federal research institutes including the Federal Agency for Health Care Policy and Research, National Institutes of Health, National Cancer Institute, National Academy of Sciences, the Centers for Medicare and Medicaid Services, and any national board recognized by the National Institutes of Health for the purpose of evaluating the medical value of health services. (5)(7) 'Medical necessity,' 'medically necessary care,' or 'medically necessary and appropriate' means care based upon generally accepted medical practices in light of conditions at the time of treatment which is: (A) Appropriate and consistent with the diagnosis and the omission of which could adversely affect or fail to improve the eligible enrollees condition; (B) Compatible with the standards of acceptable medical practice in the United States; (C) Provided in a safe and appropriate setting given the nature of the diagnosis and the severity of the symptoms; (D) Not provided solely for the convenience of the eligible enrollee or the convenience of the health care provider or hospital; and

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(E) Not primarily custodial care, unless custodial care is a covered service or benefit under the eligible enrollees evidence of coverage. (6) 'Planning agency' means the Health Planning Agency established under Chapter 6 of Title 31 or its successor agency. (7)(8) 'Treatment' means a medical service, diagnosis, procedure, therapy, drug, or device. (8)(9) Any term defined in Code Section 33-20A-3 shall have the meaning provided for that term in Code Section 33-20A-3 except that 'enrollee' shall include the enrollees eligible dependents.
33-20A-32. An eligible enrollee shall be entitled to appeal to an independent review organization when:
(1) The eligible enrollee has received notice of an adverse outcome pursuant to a grievance procedure or the managed care entity has not complied with the requirements of Code Section 33-20A-5 with regard to such procedure; or (2) A managed care entity determines that a proposed treatment is excluded as experimental under the managed care plan, and all of the following criteria are met:
(A) The eligible enrollee has a terminal condition that, according to the treating physician, has a substantial probability of causing death within two years from the date of the request for independent review or the eligible enrollees ability to regain or maintain maximum function, as determined by the treating physician, would be impaired by withholding the experimental treatment; (B) After exhaustion of standard treatment as provided by the evidence of coverage or a finding that such treatment would be of substantially lesser or of no benefit, the eligible enrollees treating physician certifies that the eligible enrollee has a condition for which standard treatment would not be medically indicated for the eligible enrollee or for which there is no standard treatment available under the evidence of coverage of the eligible enrollee more beneficial than the treatment proposed; (C) The eligible enrollees treating physician has recommended and certified in writing treatment which is likely to be more beneficial to the eligible enrollee than any available standard treatment; (D) The eligible enrollee has requested a treatment as to which the eligible enrollees treating physician, who is a licensed, board certified or board eligible physician qualified to practice in the area of medicine appropriate to treat the eligible enrollees condition, has certified in writing that scientifically valid studies using accepted protocols, such as control group or double-blind testing, published in peer reviewed literature, demonstrate that the proposed treatment is likely to be more beneficial for the eligible enrollee than available standard treatment; and (E) A specific treatment recommended would otherwise be included within the eligible enrollees certificate of coverage, except for the determination by the managed care entity that such treatment is experimental for a particular condition.

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33-20A-33. Except where required pursuant to Code Section 51-1-49, a proposed treatment must require the expenditure of a minimum of $500.00 to qualify for independent review.
33-20A-34. (a) The parent or guardian of a minor who is an eligible enrollee may act on behalf of the minor in requesting independent review. The legal guardian or representative of an incapacitated eligible enrollee shall be authorized to act on behalf of the eligible enrollee in requesting independent review. Except as provided in Code Section 51-1-49, independent review may not be requested by persons other than the eligible enrollee or a person acting on behalf of the eligible enrollee as provided in this Code section. (b) A managed care entity shall be required to pay the full cost of applying for and obtaining the independent review. (c) The eligible enrollee and the managed care entity shall cooperate with the independent review organization to provide the information and documentation, including executing necessary releases for medical records, which are necessary for the independent review organization to make a determination of the claim.
33-20A-35. (a) In the event that the outcome of the grievance procedure under Code Section 3320A-5 is adverse to the eligible enrollee, the managed care entity shall include with the written notice of the outcome of the grievance procedure a statement specifying that any request for independent review must be made to the planning agency department on forms developed by the planning agency department, and such forms shall be included with the notification. Such statement shall be in simple, clear language in boldface type which is larger and bolder than any other typeface which is in the notice and in at least 14 point typeface. (b) An eligible enrollee must submit the written request for independent review to the planning agency department. Instructions on how to request independent review shall be given to all eligible enrollees with the written notice required under this Code section together with instructions in simple, clear language as to what information, documentation, and procedure are required for independent review. (c) Upon receipt of a completed form requesting independent review as required by subsection (a) of this Code section, the planning agency department shall notify the eligible enrollee of receipt and assign the request to an independent review organization on a rotating basis according to the date the request is received. (d) Upon assigning a request for independent review to an independent review organization, the planning agency department shall provide written notification of the name and address of the assigned organization to both the requesting eligible enrollee and the managed care entity. (e) No managed care entity may be certified by the Commissioner under Article 1 of this chapter unless the entity agrees to pay the costs of independent review to the

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independent review organization assigned by the planning agency department to conduct each review involving such entitys eligible enrollees.
33-20A-36. (a) Within three business days of receipt of notice from the planning agency department of assignment of the application for determination to an independent review organization, the managed care entity shall submit to that organization the following:
(1) Any information submitted to the managed care entity by the eligible enrollee in support of the eligible enrollees grievance procedure filing; (2) A copy of the contract provisions or evidence of coverage of the managed care plan; and (3) Any other relevant documents or information used by the managed care entity in determining the outcome of the eligible enrollees grievance. Upon request, the managed care entity shall provide a copy of all documents required by this subsection, except for any proprietary or privileged information, to the eligible enrollee. The eligible enrollee may provide the independent review organization with any additional information the eligible enrollee deems relevant. (b) The independent review organization shall request any additional information required for the review from the managed care entity and the eligible enrollee within five business days of receipt of the documentation required under this Code section. Any additional information requested by the independent review organization shall be submitted within five business days of receipt of the request, or an explanation of why the additional information is not being submitted shall be provided. (c) Additional information obtained from the eligible enrollee shall be transmitted to the managed care entity, which may determine that such additional information justifies a reconsideration of the outcome of the grievance procedure. A decision by the managed care entity to cover fully the treatment in question upon reconsideration using such additional information shall terminate independent review. (d) The expert reviewer of the independent review organization shall make a determination within 15 business days after expiration of all time limits set forth in this Code section, but such time limits may be extended or shortened by mutual agreement between the eligible enrollee and the managed care entity. The determination shall be in writing and state the basis of the reviewers decision. A copy of the decision shall be delivered to the managed care entity, the eligible enrollee, and the planning agency department by at least first-class mail. (e) The independent review organizations decision shall be based upon a review of the information and documentation submitted to it. (f) Information required or authorized to be provided pursuant to this Code section may be provided by facsimile transmission or other electronic transmission.
33-20A-37. (a) A decision of the independent review organization in favor of the eligible enrollee shall be final and binding on the managed care entity and the appropriate relief shall be

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provided without delay. A managed care entity bound by such decision of an independent review organization shall not be liable pursuant to Code Section 51-1-48 for abiding by such decision. Nothing in this Code section shall relieve the managed care entity from liability for damages proximately caused by its determination of the proposed treatment prior to such decision. (b) A determination by the independent review organization in favor of a managed care entity shall create a rebuttable presumption in any subsequent action that the managed care entitys prior determination was appropriate and shall constitute a medical record for purposes of Code Section 24-7-8. (c) In the event that, in the judgment of the treating health care provider, the health condition of the enrollee is such that following the provisions of Code Section 33-20A36 would jeopardize the life or health of the eligible enrollee or the eligible enrollees ability to regain maximum function, as determined by the treating health care provider, an expedited review shall be available. The expedited review process shall encompass all elements enumerated in Code Sections 33-20A-36 and 33-20A-40; provided, however, that a decision by the expert reviewer shall be rendered within 72 hours after the expert reviewers receipt of all available requested documents.
33-20A-38. Neither an independent review organization nor its employees, agents, or contractors shall be liable for damages arising from determinations made pursuant to this article, unless an act or omission thereof is made in bad faith or through gross negligence, constitutes fraud or willful misconduct, or demonstrates malice, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to the consequences.
33-20A-39. (a) The planning agency department shall certify independent review organizations that meet the requirements of this Code section and any regulations promulgated by the planning agency department consistent with this article. The planning agency department shall deem certified any independent review organization meeting standards developed for this purpose by an independent national accrediting organization. To qualify for certification, an independent review organization must show the following:
(1) Expert reviewers assigned by the independent review organization must be physicians or other appropriate providers who meet the following minimum requirements:
(A) Are expert in the treatment of the medical condition at issue and are knowledgeable about the recommended treatment through actual clinical experience; (B) Hold a nonrestricted license issued by a state of the United States and, for physicians, a current certification by a recognized American medical specialty board in the area or areas appropriate to the subject of review; and

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(C) Have no history of disciplinary action or sanctions, including, but not limited to, loss of staff privileges or participation restriction, taken or pending by any hospital, government, or regulatory body; (2) The independent review organization shall not be a subsidiary of, nor in any way owned or controlled by, a health plan, a trade association of health plans, a managed care entity, or a professional association of health care providers; and (3) The independent review organization shall submit to the planning agency department the following information upon initial application for certification, and thereafter within 30 days of any change to any of the following information: (A) The names of all owners of more than 5 percent of any stock or options, if a publicly held organization; (B) The names of all holders of bonds or notes in excess of $100,000.00, if any; (C) The names of all corporations and organizations that the independent review organization controls or is affiliated with, and the nature and extent of any ownership or control, including the affiliated organizations type of business; and (D) The names of all directors, officers, and executives of the independent review organization, as well as a statement regarding any relationships the directors, officers, and executives may have with any health care service plan, disability insurer, managed care entity or organization, provider group, or board or committee. (b) Neither the independent review organization nor any expert reviewer of the independent review organization may have any material professional, familial, or financial conflict of interest with any of the following: (1) A managed care plan or entity being reviewed; (2) Any officer, director, or management employee of a managed care plan which is being reviewed; (3) The physician, the physicians medical group, health care provider, or the independent practice association proposing a treatment under review; (4) The institution at which a proposed treatment would be provided; (5) The eligible enrollee or the eligible enrollees representative; or (6) The development or manufacture of the treatment proposed for the eligible enrollee whose treatment is under review. (c) As used in subsection (b) of this Code section, the term 'conflict of interest' shall not be interpreted to include a contract under which an academic medical center or other similar medical research center provides health care services to eligible enrollees of a managed care plan, except as subject to the requirement of paragraph (4) of subsection (b) of this Code section; affiliations which are limited to staff privileges at a health care facility; or an expert reviewers participation as a contracting plan provider where the expert is affiliated with an academic medical center or other similar medical research center that is acting as an independent review organization under this article. An agreement to provide independent review for an eligible enrollee or managed care entity is not a conflict of interest under subsection (b) of this Code section. (d) The independent review organization shall have a quality assurance mechanism in place that ensures the timeliness and quality of the reviews, the qualifications and

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independence of the experts, and the confidentiality of medical records and review materials. (e) The planning agency department shall provide upon the request of any interested person a copy of all nonproprietary information filed with it pursuant to this article. The planning agency department shall provide at least quarterly a current list of certified independent review organizations to all managed care entities and to any interested persons.
33-20A-40. (a) For the purposes of this article, in making a determination as to whether a treatment is medically necessary and appropriate, the expert reviewer shall use the definition provided in paragraph (5)(7) of Code Section 33-20A-31. (b) For the purposes of this article, in making a determination as to whether a treatment is experimental, the expert reviewer shall determine:
(1) Whether such treatment has been approved by the federal Food and Drug Administration; or (2) Whether medical and scientific evidence demonstrates that the expected benefits of the proposed treatment would be greater than the benefits of any available standard treatment and that the adverse risks of the proposed treatment will not be substantially increased over those of standard treatments. For either determination, the expert reviewer shall apply prudent professional practices and shall assure that at least two documents of medical and scientific evidence support the decision. 33-20A-41. The planning agency department shall provide necessary rules and regulations for the implementation and operation of this article.
33-20A-42. Medicaid care management members shall, after first exhausting the grievance procedure of the managed care plan providing health care benefits pursuant to Article 7 of Chapter 4 of Title 49 or Article 13 of Chapter 5 of Title 49, be afforded the fair hearing rights provided pursuant to Code Section 49-4-153 or the state plan provided for in Article 13 of Chapter 5 of Title 49."
SECTION 3. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to
medical assistance generally, is amended by striking Code Section 49-4-156, which is reserved, and inserting in lieu thereof a new Code Section 49-4-156 to read as follows:
"49-4-156. Reserved. The provisions of Code Section 33-21-16 shall not apply to health maintenance organizations with respect to contracts entered into with the department for the furnishing of health care services to persons pursuant to this article."

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SECTION 4. Article 13 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to PeachCare for Kids, is amended by striking Code Section 49-5-272, relating to definitions, and inserting in lieu thereof the following:
"49-5-272. As used in this article, the term:
(1) 'Board' means the Board of Community Health. (2) 'Department' means the Department of Community Health. (2)(3) 'Federal law' means Title XXI of the federal Social Security Act. (3)(4) 'Medicaid' means medical assistance provided under Article 7 of Chapter 4 of this title, the 'Georgia Medical Assistance Act of 1977.' (4)(5) 'PeachCare' or 'program' means the PeachCare for Kids Program created by Code Section 49-5-273."
SECTION 5. Said article is further amended by striking subsections (g) through (o) of Code Section 49-5-273, relating to the creation of PeachCare, availability, eligibility, payment of premiums, and enrollment, and inserting in lieu thereof the following:
"(g) The department shall provide for outreach for the purpose of enrolling children in the program. Applications shall be accepted by mail or in person. All necessary and appropriate steps shall be taken to achieve administrative cost efficiency, reduce administrative barriers to application for and receipt of services under the program, verify eligibility for the program and enforce eligibility standards, and ensure that enrollment in the program does not substitute for coverage under a group health insurance plan. (h) Any health care provider who is enrolled in the Medicaid program shall be deemed to be enrolled in the program. (i) The department shall file a Title XXI plan to carry out the program with the United States Department of Health and Human Services Centers for Medicare and Medicaid Services by June 1, 1998. The department shall have the authority and flexibility to make such decisions as are necessary to secure approval of that plan consistent with this article. The department shall provide a copy of the plan to the General Assembly. The department shall operate this program consistent with federal law. (j) The department shall publish an annual report, copies of which shall be provided to the Governor and the General Assembly, setting forth the number of participants in the program, the health services provided, the amount of money paid to providers, and other pertinent information with respect to the administration of the program. (k) All state agencies shall cooperate with the department and its designated agents by providing requested information to assist in the administration of the program. (l) The department, through the Department of Administrative Services or any other appropriate entity, may contract for any or all of the following: the collection of premiums, processing of applications, verification of eligibility, outreach, data services, and evaluation, if such contracting achieves administrative or service cost efficiency.

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The department, and other state agencies as appropriate, shall provide necessary information to any entity which has contracted with the department for services related to the administration of the program upon request. For purposes of compliance with Code Section 34-8-125, a request by any entity which has contracted with the department for services related to the administration of the program shall be deemed to be a request by a responsible official of the department and considered to be a request by the department. (m) Nothing in this article shall be interpreted in a manner so as to preclude the department from contracting with licensed health maintenance organizations (HMO) or provider sponsored health care corporations (PSHCC) for coverage of program services and eligible children in a metropolitan statistical area; provided, however, that such contracts shall require payment of premiums and copayments in a manner consistent with this article. The department may not require enrollment in a health maintenance organization (HMO) or provider sponsored health care corporation (PSHCC) as a condition of receiving coverage under the program. (n) There shall be created a separate budget unit 'C' and a separate appropriation in the department for the purpose of carrying out the provisions of this article. (o) The Department of Education and local boards of education shall cooperate with and provide assistance to the department and its designated agents for the purposes of identifying and enrolling eligible children in the program."

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.

Representative Brown of the 69th moved that the House adopt the report of the Committee of Conference on SB 140.

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

N Abdul-Salaam E Amerson E Anderson N Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague N Benfield Y Benton Y Black N Bordeaux N Borders

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

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

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

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

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Y Bridges N Brooks Y Brown N Bruce N Bryant N Buckner, D Y Buckner, G Y Burkhalter Y Burmeister
Burns Butler Y Byrd Y Carter Casas Y Chambers Y Channell Cheokas Y Coan Y Cole Coleman, B Y 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 E Golick Y Graves, D Y Graves, T Y Greene Y Hanner
Harbin Y Hatfield Y Heard, J Y Heard, K N Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A

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

On the motion, the ayes were 104, nays 46.

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

Y Smith, R Y Smith, T E 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
Williams, A N Williams, E Y Williams, R
Wix Y Yates
Richardson, Speaker

The motion prevailed.

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.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:

Mr. Speaker:

The Senate has adopted the report of the Committee of Conference on the following bill of the House:

HB 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

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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 Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
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.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Staton of the 18th, Wiles of the 37th, and Carter of the 13th.
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 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 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

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matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL
To amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to update the priorities of distributions of fines; 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 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 that a Class D license holder, during the second six-month period following issuance of such license, 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 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 for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
WHEREAS, Joshua Brown, the son of Alan and LuGina Brown, was killed in a tragic automobile accident on July 9, 2003; and
WHEREAS, the death of this young man has underscored the need for a greater effort to train Georgia young people in how to drive; and
WHEREAS, the state should assist in getting more young people into these driver education and training programs.
NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1 Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, is amended by inserting a new paragraph (.1) in Code Section 15-6-95, relating to

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priorities of distributions of fines and forfeitures, to read as follows: "(.1) The amount provided for in subsection (a) of Code Section 15-21-179;"
SECTION 2. Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines, is amended by adding a new Article 10 to read as follows:
"ARTICLE 10
15-21-170. This article shall be known and may be cited as 'Joshuas Law.'
15-21-171. As used in this article, the term 'commission' means the Georgia Drivers Education Commission created in Code Section 15-21-172.
15-21-172. There is established the Georgia Drivers Education Commission, which is assigned to the Department of Motor Vehicle Safety for administrative purposes only, as prescribed in Code Section 50-4-3.
15-21-173. (a) The Georgia Drivers Education Commission shall consist of nine members who shall serve for terms of four years, except that with respect to the first members appointed, three members shall be appointed for a term of three years, three for a term of two years, and three for a term of one year. The State Board of Education shall appoint one member of the commission and the Department of Motor Vehicle Safety shall appoint two members of the commission. The director of the Governors Office of Highway Safety shall appoint one member of the commission. The remaining four members of the commission shall be appointed by the Governor, two of whom shall be public school drivers education providers and the other two shall be private drivers education providers. The Governor shall also establish initial terms of office for all nine members of the commission within the limitations of this subsection. (b) In the event of death, resignation, disqualification, or removal for any reason of any member of the commission, the vacancy shall be filled in the same manner as the original appointment and the successor shall serve for the unexpired term. (c) Membership on the commission does not constitute a public office, and no member shall be disqualified from holding public office by reason of his or her membership. (d) The Governor shall designate a chairperson of the commission from among the members, which chairperson shall serve in that position at the pleasure of the Governor. The commission may elect such other officers and committees as it considers appropriate.

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(e) The commission, with the approval of the Governor, may employ such professional, technical, or clerical personnel as deemed necessary to carry out the purposes of this article.
15-21-174. Members of the commission shall serve without compensation but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the commission is in attendance at a meeting of such commission, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive. Such expense and travel allowance shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance.
15-21-175. (a) The commission shall do all of the following:
(1) Meet at such times and places as it shall determine necessary or convenient to perform its duties. The commission shall also meet on the call of the chairperson or the Governor; (2) Maintain minutes of its meetings; (3) Adopt rules and regulations for the transaction of its business; (4) Accept applications for disbursements of available moneys; (5) Maintain records of all expenditures of the commission, funds received as gifts and donations, and disbursements made; and (6) Conform to the standards and requirements prescribed by the state auditor pursuant to Chapter 6 of Title 50. (b) The commission shall utilize existing state resources and staff of participating departments whenever practicable.
15-21-176. The commission may recommend to the Governor and the General Assembly changes in state programs, statutes, policies, budgets, and standards relating to the provision of driver education and training in this state, with the objective of maximizing participation in drivers education and training and accident reduction.
15-21-177. The commission may accept federal funds granted by Congress or executive order for the purposes of this article as well as gifts and donations from individuals, private organizations, or foundations. The acceptance and use of federal funds do not commit state funds and do not place an obligation upon the General Assembly to continue the purposes for which the federal funds are made available.
15-21-178.

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The commission may authorize the disbursement of available funds from moneys appropriated to the commission by the General Assembly for purposes of providing driver education and training to a person, entity, or program eligible pursuant to criteria to be set by the commission. Nothing in this Code section shall be construed to limit the authority of the Department of Motor Vehicle Safety under Chapter 13 of Title 43, 'The Driver Training School and Commercial Driver Training School License Act.'
15-21-179. (a) In every case in which any court in this state shall impose a fine or bond payment, which shall be construed to include costs, for any violation of the traffic laws of this state or for violations of ordinances of political subdivisions which have adopted by reference the traffic laws of this state, there shall be imposed as an additional penalty a sum equal to 5 percent of the original fine. (b) Such sums shall be in addition to any amount required to be paid into any pension, annuity, or retirement fund under Title 47 or any other law and in addition to any other amounts provided for in this article. (c) This Code section shall be repealed in its entirety on June 30, 2008, unless extended by an Act of the General Assembly.
15-21-180. (a) The sums provided for in Code Section 15-21-179 shall be assessed and collected by the clerk or other court officer charged with the duty of collecting moneys from fines and shall be paid over by the last day of the following month to the Georgia Superior Court Clerks Cooperative Authority for remittance to the Office of Treasury and Fiscal Services to be deposited into the general fund of the state treasury. (b) Any person whose duty it is to collect and remit the sums provided for in this article who refuses to so remit shall be guilty of a misdemeanor.
15-21-181. As soon as practicable after the end of each fiscal year, the Office of Treasury and Fiscal Services shall report the amount of funds received pursuant to Code Section 1521-179 to the Office of Planning and Budget and the commission. It is the intent of the General Assembly that, subject to appropriation, an amount equal to such proceeds received from such fines in any fiscal year shall be made available during the following fiscal year to the commission for the purposes set forth in Code Section 15-21-178."
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 Code Section 40-5-22, relating to persons not to be licensed and minimum ages for licenses, and inserting in lieu thereof a new Code Section 40-5-22 to read as follows:
"40-5-22.

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(a) The Except as otherwise provided in this Code section, the department shall not issue any Class C drivers license to any person who is under 18 years of age or Class M drivers license to any person who is under the age of 16 17 years, except that the department may, under subsection (a) of Code Section 40-5-24, issue a Class P instruction permit permitting the operation of a noncommercial Class C vehicle to any person who is at least 15 years of age, and may, under subsection (b) of Code Section 40-5-24, issue a Class D drivers license permitting the operation of a noncommercial Class C vehicle to any person who is at least 16 17 years of age. On and after January 1, 1985, the department shall not issue any drivers license to any person under 18 years of age unless such person presents a certificate or other evidence acceptable to the department which indicates satisfactory completion of an alcohol and drug course as prescribed in subsection (b) of Code Section 20-2-142; provided, however, that a person under 18 years of age who becomes a resident of this state and who has in his or her immediate possession a valid license issued to him or her in another state or country shall not be required to take or complete the alcohol and drug course. The department shall not issue a drivers license or a Class P instruction permit for the operation of a Class A or B vehicle or any commercial drivers license to any person who is under the age of 18 years.
(a.1)(1) The department shall not issue an instruction permit or drivers license to a person who is younger than 18 years of age unless at the time such minor submits an application for an instruction permit or drivers license the applicant presents acceptable proof that he or she has received a high school diploma, a general educational development (GED) diploma, a special diploma, or a certificate of high school completion, or has terminated his or her secondary education and is enrolled in a postsecondary school or the records of the department indicate that said applicant:
(A) Is enrolled in and not under suspension from a public or private school and has satisfied relevant attendance requirements as set forth in paragraph (2) of this subsection for a period of one academic year prior to application for an instruction permit or drivers license; or (B) Is enrolled in a home education program that satisfies the requirements of all state laws governing such courses. The department shall notify such minor of his or her ineligibility for an instruction permit or drivers license at the time of such application. (2) The department shall forthwith notify by certified mail or statutory overnight delivery, return receipt requested, any minor issued an instruction permit or drivers license in accordance with this subsection other than a minor who has terminated his or her secondary education and is enrolled in a postsecondary school that such minors instruction permit or drivers license is suspended subject to review as provided for in this subsection if the department receives notice pursuant to Code Section 20-2-701 that indicates that such minor: (A) Has dropped out of school without graduating and has remained out of school for ten consecutive school days;

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(B) Has more than ten school days of unexcused absences in any semester or combination of two consecutive quarters; or (C) Has been suspended from school for:
(i) Threatening, striking, or causing bodily harm to a teacher or other school personnel; (ii) Possession or sale of drugs or alcohol on school property; (iii) Possession or use of a weapon on school property. For purposes of this subparagraph, the term 'weapon' shall be defined in accordance with Code Section 16-11-127.1 but shall not include any part of an archeological or cultural exhibit brought to school in connection with a school project; (iv) Any sexual offense prohibited under Chapter 6 of Title 16; or (v) Causing substantial physical or visible bodily harm to or seriously disfiguring another person, including another student. Notice given by certified mail or statutory overnight delivery with return receipt requested mailed to the persons last known address shall be prima-facie evidence that such person received the required notice. Such notice shall include instructions to the minor to return immediately the instruction permit or drivers license to the department and information summarizing the minors right to request an exemption from the provisions of this subsection. The minor so notified may request in writing a hearing within ten business days from the date of receipt of notice. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' After such hearing, the department shall sustain its order of suspension or rescind such order. The department shall be authorized to grant an exemption from the provisions of this subsection to a minor, upon such minors petition, if there is clear and convincing evidence that the enforcement of the provisions of this subsection upon such minor would create an undue hardship upon the minor or the minors family or if there is clear and convincing evidence that the enforcement of the provisions of this subsection would act as a detriment to the health or welfare of the minor. Appeal from such hearing shall be in accordance with said chapter. If no hearing is requested within the ten business days specified above, the right to a hearing shall have been waived and the instruction permit or drivers license of the minor shall remain suspended. The suspension provided for in this paragraph shall be for a period of one year or shall end upon the date of such minors eighteenth birthday, whichever comes first. (3) The State Board of Education and the commissioner of motor vehicle safety are authorized to promulgate rules and regulations to implement the provisions of this subsection. (a.2)(1) On and after January 1, 2002, the department shall not issue any initial Class D drivers license or, in the case of a person who has never been issued a Class D drivers license by the department or the equivalent thereof by any other jurisdiction, any initial Class C drivers license unless such person:

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(A) Has Is at least 16 years of age and has completed an approved driver education course in a licensed private or public driver training school and in addition a cumulative total of at least 20 40 hours of other supervised driving experience including at least six hours at night, all of which is verified in writing signed before a person authorized to administer oaths by a parent or guardian of the applicant or by the applicant if such person is at least 18 years of age; or (B) Has Is at least 17 years of age and has completed a cumulative total of at least 40 hours of supervised driving experience including at least six hours at night, and the same is verified in writing signed before a person authorized to administer oaths by a parent or guardian of the applicant or by the applicant if such person is at least 18 years of age; provided, however, that a person 17 years of age or older who becomes a resident of this state, who meets all of the qualifications for issuance of a Class C license with the exception of the completion of an approved drivers training course and at least 40 hours of supervised driving experience as required by this subsection, and who has in his or her immediate possession a valid license equivalent to a Class C license issued to him or her in another state or country shall be entitled to receive a Class C license. (2) The commissioner shall by rule or regulation establish standards for approval of any driver education course for purposes of subparagraph (A) of paragraph (1) of this subsection, provided that such course shall be designed to educate young drivers about safe driving practices and the traffic laws of this state and to train young drivers in the safe operation of motor vehicles. (3) For purposes of supervised driving experience under paragraph (1) of this subsection, supervision shall be provided by a person at least 21 years of age who is licensed as a driver for a commercial or noncommercial Class C vehicle, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver. (b) Notwithstanding the provisions of subsection (a) of this Code section, any person 14 years of age who has a parent or guardian who is medically incapable of being licensed to operate a motor vehicle due to visual impairment may apply for and, subject to the approval of the commissioner, may be issued a restricted noncommercial Class P instruction permit for the operation of a noncommercial Class C vehicle. Any person permitted pursuant to this subsection shall be accompanied by such visually impaired parent or guardian whenever operating a motor vehicle. (c) The department shall not issue any drivers license to nor renew the drivers license of any person: (1) Whose license has been suspended during such suspension, or whose license has been revoked, except as otherwise provided in this chapter; (2) Whose license is currently under suspension or revocation in any other jurisdiction upon grounds which would authorize the suspension or revocation of a license under this chapter; (3) Who is a habitual user of alcohol or any drug to a degree rendering him incapable of safely driving a motor vehicle;

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(4) Who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law; (5) Who is required by this chapter to take an examination, unless such person shall have successfully passed such examination; (6) Who the commissioner has good cause to believe would not, by reason of physical or mental disability, be able to operate a motor vehicle with safety upon the highway; or (7) Whose license issued by any other jurisdiction is suspended or revoked by such other jurisdiction during the period such license is suspended or revoked by such other jurisdiction."
SECTION 4. Said article is further amended by striking Code Section 40-5-24, relating to instruction permits and graduated licensing, and inserting in lieu thereof a new Code Section 40-5-24 to read as follows:
"40-5-24. (a)(1) Any resident of this state who is at least 15 years of age may apply to the department for an instruction permit to operate a noncommercial Class C vehicle. The department shall, after the applicant has successfully passed all parts of the examination referred to in Code Section 40-5-27 other than the driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having such permit in his or her immediate possession, to drive a Class C vehicle upon the public highways for a period of two years when accompanied by a person at least 21 years of age who is licensed as a driver for a commercial or noncommercial Class C vehicle, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver. (2) A person who has been issued an instruction permit under this subsection and has never been issued a Class D drivers license under subsection (b) of this Code section will become eligible for a Class D drivers license under subsection (b) of this Code section only if such person is at least 16 17 years of age, has a valid instruction permit which is not under suspension, and, for a period of not less than 12 consecutive months prior to making application for a Class D drivers license, has not been convicted of a violation of Code Section 40-6-391, hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, reckless driving, or convicted of any offense for which four or more points are assessable under subsection (c) of Code Section 40-5-57; provided, however, that a person who is at least 16 years of age and meets all of the other qualifications of this paragraph except for age who has completed an approved driver education training course as provided in subsection (a.2) of Code Section 40-5-22 will be eligible for a Class D drivers license.

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(3) This subsection does not apply to instruction permits for the operation of motorcycles. (b)(1) Any resident of this state who is at least 16 17 years of age and who, for a period of at least 12 months, had a valid instruction permit issued under subsection (a) of this Code section may apply to the department for a Class D drivers license to operate a noncommercial Class C vehicle if such resident has otherwise complied with all prerequisites for the issuance of such Class D drivers license as provided in subsection (a) of this Code section, provided that a resident at least 16 17 years of age who has at any age surrendered to the department a valid instruction permit or drivers license issued by another state or the District of Columbia or who has submitted to the department proof, to the satisfaction of the department, of a valid instruction permit or drivers license issued by another state or the District of Columbia may apply his or her driving record under such previously issued permit or drivers license toward meeting the eligibility requirements for a Class D drivers license the same as if such previously issued permit or drivers license were an instruction permit issued under subsection (a) of this Code section; provided, however, that a person who is at least 16 years of age and meets all of the other qualifications of this paragraph except for age who has completed an approved driver education training course as provided in subsection (a.2) of Code Section 40-5-22 may apply for a Class D drivers license. (2) The department shall, after all applicable requirements have been met, issue to the applicant a Class D drivers license which shall entitle the applicant, while having such license in his or her immediate possession, to drive a Class C vehicle upon the public highways of this state under the following conditions:
(A) Any Class D license holder shall not drive a Class C motor vehicle on the public roads, streets, or highways of this state between the hours of 12:00 Midnight and 6:00 A.M. eastern standard time or eastern daylight time, whichever is applicable; and
(B)(i) Any Class D license holder shall not drive a Class C motor vehicle upon the public roads, streets, or highways of this state when more than three other passengers in the vehicle who are not members of the drivers immediate family are less than 21 years of age. (ii) During the six-month period immediately following issuance of such license, any Class D license holder shall not drive a Class C motor vehicle upon the public roads, streets, or highways of this state when any other passenger in the vehicle is not a member of the drivers immediate family;. (iii) Notwithstanding the provisions of division (i) of this subparagraph, during the second six-month period immediately following issuance of such license, any Class D license holder shall not drive a Class C motor vehicle upon the public roads, streets, or highways of this state when more than one other passenger in the vehicle who is not a member of the drivers immediate family is less than 21 years of age; provided, however, that a Class D license holder shall not be charged with a violation of this paragraph alone but may be charged with violating this paragraph in addition

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to any other traffic offense. (3) A person who has been issued a Class D drivers license under this subsection and has never been issued a Class C drivers license under this chapter will become eligible for a Class C drivers license under this chapter only if such person has a valid Class D drivers license which is not under suspension and, for a period of not less than 12 consecutive months prior to making application for a Class C drivers license, has not been convicted of a violation of Code Section 40-6-391, hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, reckless driving, or convicted of any offense for which four or more points are assessable under subsection (c) of Code Section 40-5-57 and is at least 18 years of age. (c) Any resident of this state who is at least 16 17 years of age may apply to the department for a noncommercial Class M motorcycle instruction permit. The department shall, after the applicant has successfully passed all parts of the examination other than the driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having such permit in his or her immediate possession, to drive a motorcycle or a motor driven cycle upon the public highways for a period of six months; provided, however, that a person who is at least 16 years of age and meets all of the other qualifications of this subsection except for age who has completed an approved driver education training course as provided in subsection (a.2) of Code Section 40-5-22 may apply for a Class M motorcycle instruction permit. A motorcycle instruction permit shall not be valid when carrying passengers, on a limited access highway, or at night. (d) Any resident of this state who is at least 18 years of age may apply to the department for an instruction permit to operate noncommercial vehicles in Classes A and B. Such permits may be issued only to persons with valid commercial or noncommercial Class C licenses or persons who have passed all required tests for a commercial or noncommercial Class C license. The department shall, after the applicant has successfully passed all parts of the appropriate examination other than the skill and driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having the permit in his or her immediate possession, to operate a vehicle of the appropriate noncommercial class upon the public highways for a period of 12 months when accompanied by a licensed driver, qualified in the vehicle being operated, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver as an instructor. Prior to being issued a drivers license for Classes A and B, the applicant shall pass a knowledge and skill test for driving a Class A or B vehicle as provided by the commissioner. (e) The department shall issue a temporary drivers permit to an applicant for a drivers license permitting him or her to operate a specified type or class of motor vehicle while the department is completing its investigation and determination of all facts relative to such applicants eligibility to receive a drivers license. Such permit must be in his or her immediate possession while operating a motor vehicle, and it shall be invalid when

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the applicants license has been issued or for good cause has been refused. Such permit shall be valid for no more than 45 days. When a license has been refused, the permit shall be returned to the department within ten days of receipt of written notice of refusal."
SECTION 5. Said article is further amended in Code Section 40-5-26, relating to applications of minors for drivers licenses and distinctive licenses for persons under age 21, by striking subsection (a) and inserting in lieu thereof the following:
"(a)(1) The application of any person under the age of 18 years for an instruction permit or drivers license shall be:
(1)(A) Signed and verified by the father, mother, or guardian of the applicant before a person authorized to administer oaths or, in the event there is no parent or guardian, by another responsible adult; or (2)(B) Signed and verified by a licensed driver training instructor before a person authorized to administer oaths when such instructor is acting as an agent for such purposes on behalf of the father, mother, or guardian of the applicant and such agency is evidenced by permission of such parent or guardian which has been granted in writing and signed and verified by such parent or guardian before a person authorized to administer oaths and on such form as shall be prescribed by rule or regulation of the department. (2)(A) A person who signed and verified a minors successful application for an instruction permit or drivers license may subsequently during such minority request revocation of the minors instruction permit or drivers license by written notice to the department on such form as specified thereby, signed and verified before a person authorized to administer oaths. If the request for revocation is submitted by a licensed driver training instructor acting as an agent on behalf of the father, mother, or guardian of the applicant, such agency must be evidenced by permission for the revocation of such parent or guardian which has been granted in writing and signed and verified by such parent or guardian before a person authorized to administer oaths. Upon receipt of such request and payment of a fee in an amount equivalent to that which was required for issuance of the instruction permit or drivers license, and after a mandatory three business day waiting period, during which the request for revocation may be withdrawn but the fee shall not be returned, the department shall revoke the minors instruction permit or drivers license. (B) A minor whose instruction permit or drivers license has been revoked under this paragraph shall not be eligible for issuance of another instruction permit or drivers license until he or she reaches 18 years of age, unless consent for issuance of an instruction permit or drivers license has been granted as provided by subparagraphs (A) and (B) of paragraph (1) of this subsection upon application of the minor made not sooner than three months after the effective date of revocation. (C) The provisions of Code Section 40-5-62 shall not apply to a person whose instruction permit or drivers license has been revoked under this paragraph.

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(D) A revocation of a minors instruction permit or drivers license under this paragraph shall not be deemed a revocation for purposes of any increase in insurance rates or cancellation of any policy of motor vehicle insurance for which the minor is not the sole named insured, but such a policy may be amended so as to remove such minor from the list of named insureds under such policy."

SECTION 6. The provisions of this Act shall not apply to or otherwise affect any valid license or instructional permit which has been issued to any person by this state and which is in effect on the effective date of this Act. On and after the effective date of this Act, no new license or instructional permit shall be issued except in compliance with the provisions of this Act.

SECTION 7. Section 2 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all traffic offenses committed on and after such date. The remaining sections of this Act shall become effective on January 1, 2007, subject to available funds.

SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Lucas of the 139th moves to amend the Committee substitute to SB 226 as follows:

By deleting 15-21-179 on page 4 and deleting 15-21-180 on page 5 and deleting 15-21181 on page 5.

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

Y Abdul-Salaam E Amerson E Anderson N Ashe Y Barnard Y Barnes N Bearden E Beasley-Teague
Benfield N Benton Y Black Y Bordeaux Y Borders

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

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

N Maxwell N May Y McCall
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 Y Shaw N Sheldon N Sims, C Y Sims, F Y Sinkfield E Smith, B N Smith, L N Smith, P

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

N Fleming N Floyd, H Y Floyd, J Y Fludd N Forster Y Franklin N Freeman Y Gardner N Geisinger E 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 N Henson N Hill, C N Hill, C.A

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

Y Mumford N Murphy, J Y Murphy, Q N Neal N Oliver N O'Neal Y Orrock
Parham Y 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

On the adoption of the amendment, the ayes were 62, nays 97.

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

The amendment was lost.

The Committee substitute was adopted.

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

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

Y Abdul-Salaam E Amerson E Anderson Y Ashe N Barnard Y Barnes Y Bearden E Beasley-Teague Y Benfield Y Benton N Black Y Bordeaux N Borders Y Bridges N Brooks

Y Crawford Y Cummings Y Davis
Day Y Dean Y Dickson
Dodson Y Dollar Y Drenner N Dukes
Ehrhart Y England Y Epps Y Fleming Y Floyd, H

Y Holmes Y Holt Y Horne N Houston
Howard Y Hudson Y Hugley N Jackson Y Jacobs
James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jones, J

Y Maxwell Y May N 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 Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F N Sinkfield E Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T

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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 N Coleman, T Y Cooper Y Cox

Y Floyd, J Y Fludd Y Forster N Franklin Y Freeman Y Gardner Y Geisinger E Golick Y Graves, D Y Graves, T N Greene N 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 Jones, S Y Jordan Y Keen Y Keown N Kidd Y Knight Y Knox
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
Martin

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

E 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 N Williams, E Y Williams, R N Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 136, nays 25.

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

Representative Rynders of the 152nd stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following Resolution of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

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.

Representative Hill of the 21st moved that the House adhere to its position in insisting on its substitute to SR 88 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

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following members:
Representatives Hill of the 21st, Keown of the 173rd and Holt of the 112th.
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 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.
The following Rules Committee substitute was read:
A BILL
To amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture; Title 8 of the Official Code of Georgia Annotated, relating to buildings; Title 15 of the Official Code of Georgia Annotated, relating to courts; Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure; Title 20 of the Official Code of Georgia Annotated, relating to education; Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics; Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly; Title 35 of the Official Code of Georgia Annotated, relating to law enforcement; Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles; Title 43 of the Official Code of Georgia Annotated, relating to professions; Title 45 of the Official Code of Georgia Annotated, relating to public officers; Title 49 of the Official Code of Georgia Annotated, relating to social services; and 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 budgeting; to revise and change duties and responsibilities of budget units; to provide for the transfer of the duties and responsibilities of the Legislative Budget Office and legislative budget offices; to provide for the powers, duties, and responsibilities of the Senate Budget Office and the House Budget Office; to revise and change terminology regarding budget unit object class; to revise and change certain provisions regarding

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powers of the Lieutenant Governor; to repeal provisions regarding the Budgetary Responsibility and Oversight Committee; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1.
Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by striking Code Section 2-18-4, relating to the attachment of the Georgia Tobacco Community Development Board for administrative purposes to the Office of Planning and Budget, and inserting in its place a new Code Section 2-18-4 to read as follows:
"2-18-4. The board is attached to the Office of Planning and Budget for administrative purposes. Without limitation, the office shall provide such staff and other services as the board may need for its functions. Without detracting from the status of the board as a budget unit, the The Office of Planning and Budget may expend its funds for purposes of the board as if such funds were appropriated directly to the board."
SECTION 2. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking Code Section 20-1A-1, relating to creation of the Department of Early Care and Learning, and inserting in its place a new Code Section 20-1A-1 to read as follows:
"20-1A-1. The Department of Early Care and Learning is created as a department of the executive branch of state government and shall have the duties, responsibilities, functions, powers, and authority set forth in this chapter and otherwise provided by law. The Department of Early Care and Learning is the successor to the Office of School Readiness and shall have the duties, responsibilities, functions, powers, authority, employees, office equipment, furniture, and other assets formerly held by the Office of School Readiness. The Department of Early Care and Learning shall be a separate budget unit."
SECTION 3. Said title is further amended by striking subsection (a) of Code Section 20-3-82, relating to the Georgia Eminent Scholars Trust Fund, and inserting in its place a new subsection (a) to read as follows:
"(a) There is created the Georgia Eminent Scholars Endowment Trust Fund. The board of regents shall serve as trustees of such fund. The fund shall be a budget unit for the purpose of appropriations of state funds as provided for in Part 1 of Article 4 of Chapter 12 of Title 45."

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SECTION 4. Said title is further amended by striking subsection (b) of Code Section 20-3-231, relating to the purpose of the Georgia Student Finance Commission, and inserting in its place a new subsection (b) to read as follows:
"(b) Purpose of commission. The purpose of the commission shall be to help improve the higher educational opportunities of citizens and persons in this state by serving as an agency and budget unit within the executive branch of state government for the purpose of carrying out and effectuating the powers, duties, and functions set forth in this part."
SECTION 5. Said title is further amended by striking subsection (a) of Code Section 20-3-233, relating to the creation of the Georgia Student Finance Commission, and inserting in its place a new subsection (a) to read as follows:
"(a) There is created within the executive branch of state government a commission to be known as the Georgia Student Finance Commission. The commission shall be an agency of the state and a budget unit thereof."
SECTION 6. Said title is further amended by striking subsection (a) of Code Section 20-3-250.5, relating to administration of the Nonpublic Postsecondary Education Commission, and inserting in its place a new subsection (a) to read as follows:
"(a) The commission shall be assigned to the Georgia Student Finance Commission for administrative purposes only. The commission shall be a budget unit of the executive branch of the state government."
SECTION 7. Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended by striking subsection (a) of Code Section 26-4-29, relating to the Georgia Drugs and Narcotics Agency, and inserting in its place a new subsection (a) to read as follows:
"(a) The agency created in 1908 as the Office of the Chief Drug Inspector and known as the Georgia Drugs and Narcotics Agency since 1976 is continued in existence as the Georgia Drugs and Narcotics Agency. This agency shall be a budget unit as defined under Code Section 45-12-7; provided, however, that the The agency shall be assigned for administrative purposes only, as defined in Code Section 50-4-3, to the office of the Secretary of State. The Georgia Drugs and Narcotics Agency is authorized by this Code section to enforce the drug laws of this state. The board shall appoint a director who shall be charged with supervision and control of such agency. The agency shall employ the number of personnel deemed necessary to properly protect the health, safety, and welfare of the citizens of this state. Such personnel shall be pharmacists registered in this state when employed as either special agents or the deputy director."

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SECTION 8. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement, is amended by striking Code Section 35-6A-9, relating to the Criminal Justice Coordinating Council, and inserting in its place a new Code Section 35-6A-9 to read as follows:
"35-6A-9. The council shall prepare a budget request in the same manner as any such request would be prepared by a budget unit under Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' and a separate appropriation shall be provided for the council in the general appropriations Act. The council is authorized to accept and use gifts, grants, and donations for the purpose of carrying out this chapter. The council is also authorized to accept and use property, both real and personal, and services, for the purpose of carrying out this chapter. Any funds, property, or services received as gifts, grants, or donations shall be kept separate and apart from any funds received by the Office of Planning and Budget; and such funds, property, or services so received by gifts, grants, or donations shall be the property and funds of the council and, as such, shall not lapse at the end of each fiscal year but shall remain under the control and subject to the direction of the council to carry out this chapter."
SECTION 9. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by striking subsection (a) of Code Section 40-16-7, relating to the budget of the Department of Motor Vehicle Safety, and inserting in its place a new subsection (a) to read as follows:
"(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 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."
SECTION 10. Title 43 of the Official Code of Georgia Annotated, relating to professions, is amended by repealing it its entirety subsection (l) of Code Section 43-1-2, relating to the director of the professional licensing boards division of the office of the Secretary of State, which reads as follows:
"(l) Funding for the office of the division director and the various professional licensing boards served by such office shall be contained in a common budget unit as defined in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act.'"

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SECTION 11. Said title is further amended by striking subsection (g) of Code Section 43-40-2, relating to the Georgia Real Estate Commission, and inserting in its place a new subsection (g) to read as follows:
"(g) 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 office of the Secretary of State."
SECTION 12. Title 45 of the Official Code of Georgia Annotated, relating to public officers, is amended by striking Code Section 45-5-7, relating to hearing of complaints against budget unit employees, and inserting in its place a new Code Section 45-5-7 to read as follows:
"45-5-7. Upon information being received that any individual employed by the state government is guilty or is alleged to be guilty of irregularities, misconduct, malpractice, malfeasance, misfeasance, incompetence, incapability, or inefficiency in the conduct of his or her official duties, the head of the budget unit, department, or agency employing said person shall be notified of such charges; and if the head of the budget unit, department, or agency takes the position that the charges are unfounded and fails or refuses to discharge the individual against whom the complaint is lodged, it shall be the duty of the Governor to hear the complaint and if, in his or her opinion, the facts sustain the truth of the accusation, the individual shall stand discharged from state service. Nothing in this Code section shall affect the tenure of office of the elected officials of this state, nor the tenure of office of appointed officials of this state who have been confirmed by the Senate as required by law, nor the tenure of office of those employees who are subject to merit system laws and rules and regulations."
SECTION 13. Said title is further amended by striking subsection (a) of Code Section 45-12-72, relating to the Office of Planning and Budget, and inserting in its place a new subsection (a) to read as follows:
"(a) There is established in the office of the Governor the Office of Planning and Budget as a separate budget unit for the purpose of promoting economy and efficiency in the fiscal management of the state government. The Governor shall be ex officio director of the budget."
SECTION 14. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by striking subsection (b) of Code Section 49-5-135, relating to the Children and Youth Coordinating Council, and inserting in its place a new subsection (b) to read as follows:

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"(b) The council shall prepare a budget request in the same manner as any such request would be prepared by a budget unit in accordance with Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' and a separate appropriation shall be provided for the council in the General Appropriations Act. The council is authorized to accept and use gifts, grants, and donations for the purpose of carrying out this article. The council is also authorized to accept and use property, both real and personal, and services for the purpose of carrying out this article. Any funds, property, or services received as gifts, grants, or donations shall be kept separate and apart from any funds received by the Office of Planning and Budget; and such funds, property, or services so received by gifts, grants, or donations shall be the property and funds of the council and, as such, shall not lapse at the end of each fiscal year but shall remain under the control of and subject to the direction of the council to carry out this article."
SECTION 15. Said title is further amended by striking subsection (n) of Code Section 49-5-273, relating to creation of PeachCare, and inserting in its place a new subsection (n) to read as follows:
"(n) There shall be created a separate budget unit 'C' and a separate appropriation in the department for the purpose of carrying out the provisions of this article."
SECTION 16. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking paragraph (1) of subsection (g) of Code Section 50-17-22, relating to the State Financing and Investment Commission, and inserting in its place a new paragraph (1) to read as follows:
"(1) The commission is designated a budget unit and shall be subject to Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act.'"
SECTION 17. Said title is further amended by striking paragraph (2) of subsection (c) of Code Section 50-27-13, relating to lottery proceeds, and inserting in its place a new paragraph (2) to read as follows:
"(2) In the budget report the Governor shall further make specific recommendations as to the education programs and purposes for which appropriations should be made from the Lottery for Education Account. The General Assembly shall appropriate from the Lottery for Education Account by specific reference to it, or by reference to 'lottery proceeds.' All appropriations of lottery proceeds to any particular budget unit shall be made together in a separate part entitled, identified, administered, and accounted for separately as a distinct budget unit for lottery proceeds program. Such appropriations shall otherwise be made in the manner required by law for appropriations."
PART II SECTION 18.

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Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended by striking Code Section 28-5-25, relating to joint meetings of the fiscal affairs subcommittees, and inserting in its place a new Code Section 28-5-25 to read as follows:
"28-5-25. The fiscal affairs subcommittees shall meet jointly as one committee at least once each quarter, or more often, at the call of the Governor, for the purpose of reviewing and approving budget unit object class program transfers recommended by the Governor. Such transfers shall not be made without the approval of at least 11 members of such subcommittees sitting jointly. No funds whatsoever shall be transferred for use in commencing any new program or activity which does not currently have an appropriation or which would require operating funds or capital outlay funds beyond the biennium in which such transfer is made."
SECTION 19. Title 45 of the Official Code of Georgia Annotated, relating to public officers, is amended by striking paragraph (10) of Code Section 45-12-71, relating to definitions regarding the Office of Planning and Budget, and inserting in its place a new paragraph (10) to read as follows:
"(10) 'Budget unit' means a department, institution, agency, or other unit of organization for which separate appropriations are made. Each specified section of the General Appropriations Act is a budget unit."
SECTION 20. Said title is further amended by striking paragraphs (5) and (6) of Code Section 45-12-75, relating to the budget report, and inserting in their place new paragraphs (5) and (6) to read as follows:
"(5) Detailed comparative statements of expenditures and requests for appropriations by funds, budget units, and budget classes programs, showing the expenditures for each of the two fiscal years last concluded, the budget of the current year, and the Governors recommendations for appropriations for each budget unit and program for the next fiscal year. Following the lists of actual and proposed expenditures of each budget unit and program there shall be a brief explanation of the functions of the unit and program and comments on its policies and plans and on any considerable differences among the amounts expended and the amounts recommended, with such descriptive, quantitative, comparative, and other data as to work done, unit costs, and like information as is considered necessary or desirable. In connection with each budget class of For capital outlays involving construction projects to be completed in two or more fiscal years, there shall be shown the total estimated cost of each such project and the amount thereof recommended to be appropriated and expended in each ensuing fiscal year until completion of the project. Capital outlay needs shall be projected for a period that is consistent with each organizations approved strategic plan as summarized in the budget;

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(6) A summary statement of the cash resources estimated to be available at the beginning of the next fiscal year and the estimated cash receipts of the fiscal year as compared with the total recommended amounts of appropriation for all budget classes programs for the year and, if the total of the recommended expenditures exceeds the total of the estimated resources, recommendations as to how the deficiency is to be met and estimates of receipts from any proposed additional revenues;".
SECTION 21. Said title is further amended by striking subsection (d) of Code Section 45-12-80, relating to financial plans regarding the Appropriations Act, and inserting in its place a new subsection (d) to read as follows:
"(d) The annual operating budget for each budget unit shall be submitted for approval to the Office of Planning and Budget by May 31 of the fiscal year preceding the effective date; shall be submitted on forms and in the format as determined by the Office of Planning and Budget; and shall conform to approved appropriations Acts. The total annual operating budget, including such schedules and supplementary information as may be required by the Office of Planning and Budget, shall be considered the financial plan for the budget unit. The various schedules included in the annual operating budget shall govern the approved expenditures for the applicable object class program and shall ensure that these expenditures conform to both the letter and the intent of approved appropriations Acts. The Governor through the Office of Planning and Budget shall direct to be made such changes in the submitted annual operating budget as the Governor deems necessary to bring the annual operating budget into conformity with approved appropriations Acts."
SECTION 22. Said title is further amended by striking Code Section 45-12-90, relating to disposition of appropriations, and inserting in its place a new Code Section 45-12-90 to read as follows:
"45-12-90. In the event that any duties, and purposes, and objects for which appropriations are made shall be transferred to a budget unit other than that to which appropriated, the appropriations for such duties, and purposes, and objects shall be made available, subject to this part, to such budget unit or budget units to which the duties, and purposes, and objects are transferred. Should the appropriation to be transferred not be shown in the appropriation Act as a separate and identifiable item, the amount to be transferred shall be decided by the Office of Planning and Budget in accordance with the detailed estimates or other information embodied in the budget report."
SECTION 23. Said title is further amended by striking subsections (a) and (b) of Code Section 45-1278, relating to submission of annual budget estimates, and inserting in their place new subsections (a) and (b) to read as follows:

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"(a) Not 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 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. Such submission shall utilize such budget classes programs 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. (b) Except as otherwise provided in this subsection, the budget estimates for the General Assembly, including all the legislative agencies, shall be prepared by the Speaker of the House of Representatives and the President of the Senate and such other legislative officers as appropriate and shall be submitted to the director of the budget at the same time as other budget estimates are submitted. The Department of Audits and Accounts, for the purpose of this part, is a legislative agency and shall be construed in all respects as such; and the budget estimate for said department shall be prepared by the state auditor and shall be included in the budget report without revision and shall not be subject to review or control by the Office of Planning and Budget. The director of the Office of Treasury and Fiscal Services shall assist in the preparation of these budget estimates, if requested. Effective with the budget estimates for the fiscal year beginning July 1, 1985, the The budget estimates for the Senate, the office of the Lieutenant Governor, and the office of the Secretary of the Senate shall be prepared by the Senate; the budget estimates for the House of Representatives, the office of the Speaker of the House of Representatives, and the office of the Clerk of the House of Representatives shall be prepared by the House of Representatives; and the budget estimates for the Office of Legislative Counsel, and the Office of Legislative Fiscal Officer, and the Office of Legislative Budget Analyst shall be prepared by the Legislative Services Committee. All of such budget estimates shall include such object classes programs as the Legislative Services Committee shall determine, and transfers of funds may be made between such object classes programs. Funds may also be transferred between across programs within the Senate, the office of the Lieutenant Governor, and the office of the Secretary of the Senate. Funds may also be transferred between across programs within the House of Representatives, the office of the Speaker of the House of Representatives, and the office of the Clerk of the House of Representatives. Funds may also be transferred between the Office of Legislative Counsel, and the Office of Legislative Fiscal Officer, and the Office of Legislative Budget Analyst."
PART III SECTION 24.
Title 45 of the Official Code of Georgia Annotated, relating to public officers, is

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amended by striking Code Section 45-12-82, relating to filing of periodic work programs, and inserting in its place a new Code Section 45-12-82 to read as follows:
"45-12-82. The Governor, through the Office of Planning and Budget, shall require each budget unit, other than those of the legislative branch and the judicial branch, to file periodic work programs with the Office of Planning and Budget at such time as the Office of Planning and Budget shall direct. As provided in Code Section 45-12-83, no allotment of funds shall be approved for any budget unit until such budget unit has filed a periodic work program with the Office of Planning and Budget and the periodic work program has been approved by the Governor. The work program shall be presented on forms prescribed by the Office of Planning and Budget and shall contain such information as the Governor, through the Office of Planning and Budget, may require. The work program shall include the amount of the portion of the appropriation required for the periods expenditures based on the budget prepared as provided in this part. Periodic work programs may be amended from time to time in such manner as the Office of Planning and Budget may require. A duplicate copy of all of the periodic work programs and any amendments thereto shall be filed simultaneously with the Office of Planning and Budget, the director of the Office of Treasury and Fiscal Services, the state auditor, the Comptroller General, and the Office of Legislative Budget Analyst the Senate Budget Office, and the House Budget Office."
SECTION 25. Title 8 of the Official Code of Georgia Annotated, relating to buildings, is amended by striking Code Section 8-2-144, relating to accounting of certain fees by the Commissioner of Insurance, and inserting in its place a new Code Section 8-2-144 to read as follows:
"8-2-144. The Commissioner of Insurance shall file a report on or before December 15 of each year accounting for all fees received by the Commissioner under this part and Part 3 of this article for the preceding 12 month period and for the actual costs of the inspection programs under this part and Part 3 of this article for the preceding 12 month period. Such report shall be provided to the chairpersons of the House Appropriations Committee, the Senate Appropriations Committee, the House Governmental Affairs Committee, and the Senate Regulated Industries and Utilities Committee, the director of the Office of Planning and Budget, and the director of the Legislative Senate Budget Office, and the director of the House Budget Office."
SECTION 26. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking subsection (a) of Code Section 15-6-77.4, relating to certain additional divorce case filing fees, and inserting in its place a new subsection (a) to read as follows:
"(a) In addition to any fees required in Code Sections 15-6-77, 15-6-77.2, 15-6-77.3, and 47-14-51, for filing each divorce case, the clerk of superior court shall charge an

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additional fee of $5.00. Each clerk of the superior court shall collect the additional fees for divorce cases as provided in this Code section and shall pay such moneys over to the Georgia Superior Court Clerks Cooperative Authority by the last day of the month there following, to be deposited by the authority into the general treasury. The authority shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this Code section and shall submit such report and accounting to the Office of Planning and Budget, the Legislative House Budget Office, and the Senate Budget Office no later than 60 days after the last day of the preceding quarter."
SECTION 27. Said title is further amended by striking Code Section 15-9-60.1, relating to certain additional marriage license fees, and inserting in its place a new Code Section 15-9-60.1 to read as follows:
"15-9-60.1. In addition to any fees required in Code Section 15-9-60 for receiving marriage applications, issuing marriage licenses, and recording relative thereto, the judge of the probate court shall charge an additional fee of $15.00 for issuing a marriage license. No amount of this additional fee shall be paid into the Judges of the Probate Courts Retirement Fund of Georgia provided for in Chapter 11 of Title 47 or be used for the purpose of calculating retirement benefits for judges of the probate courts. Each judge of the probate court shall collect the additional fees for issuing marriage licenses as provided in this Code section and shall pay such moneys over to the Georgia Superior Court Clerks Cooperative Authority by the last day of the month there following, to be deposited by the authority into the general treasury. The authority shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this Code section and shall submit such report and accounting to the Office of Planning and Budget, the Legislative House Budget Office, and the Senate Budget Office no later than 60 days after the last day of the preceding quarter."
SECTION 28. Said title is further amended by striking paragraph (3) of subsection (e) of Code Section 15-18-12, relating to judicial circuit travel expenses, and inserting in its place a new paragraph (3) to read as follows:
"(3) In determining the travel budget for each judicial circuit, the council shall consider the budget request submitted by the district attorney of each judicial circuit, the geographic size and the caseload of each circuit, and such other facts as may be relevant. The council is authorized to establish a contingency reserve of not more than 3 percent of the total amount appropriated by the General Assembly in order to meet any expenses which could not be reasonably anticipated. The council shall submit to each district attorney, the state auditor, and the legislative budget analyst the House Budget Office, and the Senate Budget Office a monthly report showing the budget amount of expenditures made under the travel budget. The council may periodically

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review and adjust said budget as may be necessary to carry out the purposes of this Code section."
SECTION 29. Said title is further amended by striking Code Section 15-21-74, relating to payment of certain amounts of the Georgia Superior Court Clerks Cooperative Authority, and inserting in its place a new Code Section 15-21-74 to read as follows:
"15-21-74. The sums provided for in Code Section 15-21-73 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from fines and forfeited bonds and shall be paid over to the Georgia Superior Court Clerks Cooperative Authority by the last day of the month there following, to be deposited by the authority into the general treasury. The authority shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this article and shall submit such report and accounting to the Office of Planning and Budget, the Legislative House Budget Office, and the Senate Budget Office no later than 60 days after the last day of the preceding quarter."
SECTION 30. Said title is further amended by striking Code Section 15-21-113, relating to payment of certain amounts to the Georgia Superior Court Clerks Cooperative Authority, and inserting in its place a new Code Section 15-21-113 to read as follows:
"15-21-113. The sums provided for in Code Section 15-21-112 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from fines and shall be paid over by the last day of the following month to the Georgia Superior Court Clerks Cooperative Authority for remittance to the Georgia Crime Victims Compensation Board, to be deposited into the Georgia Crime Victims Emergency Fund. The authority shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this article and shall submit such report and accounting to the Office of Planning and Budget, the Legislative House Budget Office, and the Senate Budget Office no later than 60 days after the last day of the preceding quarter."
SECTION 31. Said title further amended by striking subsection (c) of Code Section 15-21A-7, relating to the reporting and accounting system of the Georgia Superior Court Clerks Cooperative Authority, and inserting in its place a new subsection (c) to read as follows:
"(c) The authority shall, on a quarterly basis, make a detailed report and accounting of all fines and fees collected and remitted by any court and shall submit such report and accounting to the General Oversight Committee for the Georgia Public Defender Standards Council, the Office of Planning and Budget, the Chief Justice of the Supreme Court of Georgia, the Legislative House Budget Office, and the Senate Budget Office no later than 60 days after the last day of the preceding quarter."

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SECTION 32. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking paragraph (3) of subsection (c) of Code Section 17-12-26, relating to the budget of the Georgia Public Defender Standards Council, and inserting in its place a new paragraph (3) to read as follows:
"(3) In determining the travel budget for each judicial circuit, the council shall consider the budget request submitted by the circuit public defender of each judicial circuit, the geographic size and the caseload of each circuit, and other facts as may be relevant. The council is authorized to establish a contingency reserve of not more than 3 percent of the total amount appropriated by the General Assembly in order to meet any expenses which could not be reasonably anticipated. The council shall submit to each circuit public defender, the state auditor, and the legislative budget analyst the Senate Budget Office, and the House Budget Office a monthly report showing the budget amount of expenditures made under the travel budget. The council may periodically review and adjust the travel budget as may be necessary to carry out the purposes of this subsection."
SECTION 33. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking subsections (a) and (c) of Code Section 20-2-320, relating to the Education Information Steering Committee, and inserting in their place new subsections (a) and (c), respectively, to read as follows:
"(a) The Governor shall appoint a steering committee, which shall be named the Education Information Steering Committee, composed of representatives from the Department of Education, the Department of Technical and Adult Education, the Board of Regents of the University System of Georgia, the office of the Governor, the Office of Planning and Budget, the Department of Audits and Accounts, the Georgia Technology Authority, the Department of Early Care and Learning, the Professional Standards Commission, the Office of Student Achievement, the State Data and Research Center at the Georgia Institute of Technology, the Georgia Public Telecommunications Commission, the Legislative Budget Office, the Senate Budget Office, the House Budget Office, and local school systems. The steering committee shall identify the data required to implement the Quality Basic Education Program on a fiscally sound basis and the data required to evaluate the effectiveness of the components of public education in Georgia. The steering committee shall identify data that shall be required from local units of administration, public libraries, public colleges and universities through the Board of Regents of the University System of Georgia, prekindergarten programs, the Professional Standards Commission, and postsecondary technical colleges and schools for the implementation of this article. Further, the steering committee shall develop a design for a state-wide comprehensive educational information system which will provide for the accurate, seamless, and timely flow of information from local and regional education agencies, units of the University System of Georgia, and technical schools and colleges to the state. The design shall include

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hardware, software, data, collection methods and times, training, maintenance, communications, security of data, and installation specifications and any other relevant specifications needed for the successful implementation of this system. The state-wide comprehensive educational information system shall not use a students social security number or an employees social security number in violation of state or federal law to identify a student or employee. The steering committee shall present such recommendations to the Education Coordinating Council. Upon approval of the boards of the respective education agencies, the steering committee shall issue appropriate requests for proposals to implement a state-wide comprehensive educational information system, subject to appropriation by the General Assembly. The State Data and Research Center, at the direction of the Education Coordinating Council and working through the steering committee, shall initiate contracts with appropriate vendors and local units of administration for the procurement of services, purchase of hardware and software, and for any other purpose as directed by the Education Coordinating Council, consistent with appropriation by the General Assembly." "(c) For the purpose of this article, authorized educational agencies shall be the Department of Education; the Department of Early Care and Learning; the Board of Regents of the University System of Georgia; the Department of Technical and Adult Education; the Education Coordinating Council; the Professional Standards Commission; the State Data and Research Center and units under contract to the State Data and Research Center; the Office of Student Achievement; the education policy and research components of the office of the Governor; the Office of Planning and Budget; the Legislative Budget Office; the House Research Office; and the Senate Research Office. Any information collected over the state-wide comprehensive educational information system, including individual student records and individual personnel records, shall be accessible by authorized educational agencies, provided that any information which is planned for collection over the system but which is temporarily being collected by other means shall also be accessible by authorized educational agencies and provided, further, that adequate security provisions are employed to protect the privacy of individuals. All data maintained for this system shall be used for educational purposes only. In no case shall information be released by an authorized educational agency which would violate the privacy rights of any individual student or employee. Information released by an authorized educational agency in violation of the privacy rights of any individual student or employee shall subject the authorized educational agency to all penalties under applicable state and federal law. Any information collected over the state-wide comprehensive educational information system which is not stored in an individual student or personnel record format shall be made available to the Governor and the House and Senate Appropriations, Education, and Higher Education committees, except information otherwise prohibited by statute. Data which are included in an individual student record or individual personnel record format shall be extracted from such records and made available in nonindividual record format for use by the Governor, committees of the General Assembly, and agencies other than authorized educational agencies."

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SECTION 34. Said title is further amended by striking Code Section 20-3-133, relating to certain payments to local operating authorities, and inserting in its place a new Code Section 203-133 to read as follows:
"20-3-133. There shall be paid to every local operating authority which shall have established a junior college under this article, upon which construction had commenced prior to January 1, 1964, and which is not operated as a unit of the university system under the board of regents an amount which shall be determined on the basis of a budget for each fiscal year, developed pursuant to a formula agreed upon by the local operating authority, the director of the Senate Budget Office, the director of the House Budget Office, and the director of the Office of Planning and Budget, and the legislative budget analyst. Budgets prepared pursuant to this authority shall be for expenses incurred by a junior college for educational and general expenditures as set forth in the latest edition of the publication entitled 'College and University Business Administration.' Such formula shall include financial participation from the local operating authority to include student matriculation fees and funds derived from not less than a one-half nor more than a three-fourths mill tax established by the local operating authority on the ad valorem tax digest of its political subdivision. No state funds shall be appropriated for capital construction. Expenditure under this article shall be audited annually by the Department of Audits and Accounts."
SECTION 35. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended by striking subsection (e) of Code Section 28-4-2, relating to powers of the Legislative Services Committee, and inserting in its place a new subsection (e) to read as follows:
"(e) The committee shall contract with a licensed certified public accountant or certified public accounting firm to conduct annually in accordance with accepted accounting principles a financial audit of legislative funds and expenditures. Such audit shall detail the expenditures of the following offices of the legislative branch: Lieutenant Governor, Secretary of the Senate, Senate, Speaker of the House of Representatives, Clerk of the House of Representatives, House of Representatives, Office of Legislative Counsel, Office of Legislative Budget Analyst, and Office of Legislative Fiscal Officer."
SECTION 36. Said title is further amended by striking Code Section 28-4-6, relating to the legislative fiscal officer and legislative budget analyst, and inserting in its place a new Code Section 28-4-6 to read as follows:
"28-4-6. (a) The Legislative Services Committee is authorized to employ a legislative fiscal officer for the legislative branch of government, and the fiscal officer and personnel to

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assist him shall be a part of the Office of Legislative Counsel. The fiscal officer shall act as the bookkeeper-comptroller for the legislative branch of government and shall maintain an account of legislative expenditures and commitments. He Such fiscal officer shall maintain an inventory of the equipment, furnishings, and nonexpendable items belonging to the legislative branch. He Such fiscal officer shall prepare and sign vouchers pertaining to the expenditure of legislative funds. He Such fiscal officer shall prepare and sign all warrants for the expenditure of funds appropriated to and available to the legislative branch of government. Such warrants shall be paid by the fiscal officer, and it shall not be necessary that they be countersigned by the Comptroller General. All payments from funds appropriated to the legislative branch of government shall be made by the fiscal officer, and reference in any other law to any other official or person in connection with any duties pertaining to such payments shall be deemed to refer to the fiscal officer; all duties of any such other official or person in connection therewith are transferred to the fiscal officer. The fiscal officer shall be under such bond as the Legislative Services Committee shall prescribe, and the premium thereon shall be paid from funds appropriated to the legislative branch of government. The fiscal officer shall have such other duties as shall be prescribed by the committee. (a.1)(b) The legislative fiscal officer is authorized on behalf of the legislative branch to pay any properly authorized invoice which does not exceed $5,000.00. Any invoice which exceeds $5,000.00 may not be paid by such fiscal officer without prior approval from the committee. The committee may provide for such approval to be given at meetings of the committee, or in writing between meetings by a majority of the members of the committee, or in such other manner as the committee may establish. All invoices shall contain in detail a description of the work performed, materials used or purchased, and any other information pertinent to the obligation. Before the fiscal officer may pay any invoice, a requisition or purchase order covering such invoice and signed by the person or persons authorized by the Legislative Services Committee to do so plus evidence of delivery must have been submitted to the fiscal officer. A list of all invoices which have been paid shall be submitted by the fiscal officer to the committee on a monthly basis. (b) The Legislative Services Committee is authorized to employ a legislative budget analyst to assist the General Assembly and its committees in connection with appropriations and budgetary matters. The legislative budget analyst shall render assistance and give advice to the appropriations committees of the Senate and the House of Representatives. He is authorized to request information and material from all state departments, boards, bureaus, commissions, committees, authorities, and agencies in connection with his duties; and all such departments, boards, bureaus, commissions, committees, authorities, and agencies are directed to furnish such information and material as he shall request. The legislative budget analyst shall perform such other duties as the General Assembly, the Legislative Services Committee, and the appropriations committees shall prescribe. (c) A majority vote of the total membership of the Legislative Services Committee

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shall be necessary to employ the legislative fiscal officer and the legislative budget analyst."
SECTION 37. Said title is further amended by striking Code Section 28-4-7, relating to control of joint legislative offices, and inserting in its place a new Code Section 28-4-7 to read as follows:
"28-4-7. The Office of Legislative Counsel, and the Office of Legislative Fiscal Officer, and the Office of Legislative Budget Analyst shall be under the budgetary control of the Legislative Services Committee. The committee shall provide procedures for the employment of personnel to assist the legislative counsel, and the legislative fiscal officer, and the legislative budget analyst; and those three two officials and such personnel shall be compensated under such procedure as the committee shall provide. The three two officials shall have supervision of personnel in their offices relative to the duties of their employment. The committee shall provide office space for the three offices and furnish them with supplies, materials, furniture, furnishings, books, equipment, and services."
SECTION 37.1. Said title is further amended by inserting a new Code Section 28-5-6 to read as follows:
"28-5-6. (a) The Senate is authorized to establish and provide for a Senate Budget Office. The House of Representatives is authorized to establish and provide for a House Budget Office. (b) The director of the Senate Budget Office is authorized to request information and material from all state departments, boards, bureaus, commissions, committees, authorities, and agencies in connection with his or her duties; and all such departments, boards, bureaus, commissions, committees, authorities, and agencies are directed to furnish such information and material as the director shall request. (c) The director of the House Budget Office is authorized to request information and material from all state departments, boards, bureaus, commissions, committees, authorities, and agencies in connection with his or her duties; and all such departments, boards, bureaus, commissions, committees, authorities, and agencies are directed to furnish such information and material as the director shall request."
SECTION 38. Said title is further amended by striking paragraph (1) of subsection (c) of Code Section 28-5-42, relating to fiscal note requirements, and inserting in its place a new paragraph (1) to read as follows:
"(c)(1) In the event a bill having a significant impact as described in paragraph (1) of subsection (a) of this Code section is introduced not later than the twentieth day of any session, the chairperson of the committee to which such bill is referred shall

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request the director of the Office of Planning and Budget and the state auditor to submit any such fiscal note as to the fiscal effect of any such bill and to file a copy of such fiscal note with the legislative budget analyst Senate Budget Office and the House Budget Office. The chairperson shall make such request after the bill is referred to the committee."
SECTION 39. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement, is amended by striking subsection (a) of Code Section 35-2-41.1, relating to donation or conveyance of property, equipment, or services to the Department of Public Safety, and inserting in its place a new subsection (a) to read as follows:
"(a) Any offer to donate or convey by deed, gift, rent, lease, or other means any property, equipment, or services to the department shall be made in writing through command channels to the commissioner. If the commissioner approves the offer, he or she shall submit a written proposal of the offer to the board for its approval. A copy of the formal proposal shall be forwarded by the commissioner to the Office of Planning and Budget and the legislative budget analyst, either, the Senate Budget Office, and the House Budget Office, any of which may comment on the proposal."
SECTION 40. Title 45 of the Official Code of Georgia Annotated, relating to public officers, is amended by striking subsection (b) of Code Section 45-12-85, relating to periodic work programs, and inserting in its place a new subsection (b) to read as follows:
"(b) The Governor through the Office of Planning and Budget shall seek to effect economy, efficiency, decentralization of state government, and sound fiscal management in reviewing budget allotment requests and may make such changes to the budget allotment requests to meet these goals and objectives and which are consistent with and subject to the method and provisions contained in the General Appropriations Act. Upon determination that the requested budget allotment conforms with the approved work program and meets the above-mentioned goals and objectives, the Governor shall execute his or her warrant on the treasury for the funds included in the approved budget allotment. Notwithstanding any authorization for expenditure included in an appropriations Act, all appropriations in excess of the approved budget allotments for the budget year, as determined by the Office of Planning and Budget, shall cease to be an obligation of the state. The Office of Planning and Budget shall notify the House Budget Office of Legislative Budget Analyst and the Budgetary Responsibility Oversight Committee Senate Budget Office of any such action with appropriate supporting information."
SECTION 41. Said title is further amended by striking subsection (d) of Code Section 45-12-95, relating to certain duties of the Office of Planning and Budget, and inserting in its place a new subsection (d) to read as follows:

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"(d) The Office of Planning and Budget must review and approve all proposed costsaving initiatives prior to their implementation for the implementing agency to be eligible for receipt of financial incentives. However, as part of this review, the Office of Planning and Budget must consult with a cross section of agencies and the Office of Legislative Budget Analyst House Budget Office and the Senate Budget Office."
SECTION 42. Said title is further amended by striking Code Section 45-12-110, relating to federal assistance requirements, and inserting in its place a new Code Section 45-12-110 to read as follows:
"45-12-110. (a) Any state department, board, bureau, commission, authority, or other state agency, except the Board of Regents of the University System of Georgia and its employees, intending to apply for any new program of federal assistance under any federal program shall notify the legislative budget analyst House Budget Office, the Senate Budget Office, and the director of the Office of Planning and Budget of its intention to apply for such federal assistance at least 30 days prior to filing the application for such assistance. Such notification shall include a summary description of the proposed federal assistance project, the amount of federal funds to be requested, the amount of state matching funds, if any, to be required in connection with obtaining federal assistance, and the period of time to be covered by the proposed federal assistance project. (b) The legislative budget analyst House Budget Office, the Senate Budget Office, and the director of the Office of Planning and Budget, acting jointly or independently, are authorized and directed to devise and distribute such forms as may be necessary to carry out subsection (a) of this Code section and, in connection therewith, to adopt and promulgate such rules and regulations as may be necessary to ensure compliance with said subsection."
SECTION 43. Said title is further amended by striking paragraph (25) of subsection (c) of Code Section 45-13-22, relating to distribution of Georgia Laws and House and Senate journals, and inserting in its place a new paragraph (25) and (25.1) to read as follows:
"(25) Legislative budget analyst House Budget Office -- one set; (25.1) Senate Budget Office -- one set;"
SECTION 44. Said title is further amended by striking Code Section 45-20-7, relating to legislative branch employees, and inserting in its place a new Code Section 45-20-7 to read as follows:
"45-20-7. Any other provision of this article to the contrary notwithstanding, an employee of the legislative branch of government may become a covered employee in the manner

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provided for in this Code section. As relates to employees in the office of the Lieutenant Governor and employees of the Senate, its officers, and its committees, the Lieutenant Governor President Pro Tempore shall act. As relates to employees in the office of the Speaker of the House of Representatives and employees of the House, its officers, and its committees, the Speaker of the House shall act. As relates to employees in the office of the Secretary of the Senate, the Secretary of the Senate shall act. As relates to employees in the office of the Clerk of the House of Representatives, the Clerk of the House shall act. As relates to employees in the Office of Legislative Counsel, the legislative counsel shall act. As relates to employees in the Office of the Legislative Budget Analyst, the legislative budget analyst shall act. As relates to employees in the Office of Legislative Fiscal Officer, the legislative fiscal officer shall act. The above officers or officials shall notify the state merit system in writing of the positions or employees which are to become covered under this article and the effective date thereof. On that date, this article, as it relates to such covered employees, shall apply."
SECTION 45. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking paragraph (5) of subsection (e) of Code Section 50-5A-11, relating to certain nonpublic records, and inserting in its place 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 House Budget Office, the Senate Budget 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 46. Said title is further amended by striking Code Section 50-25-7.1, relating to the technology empowerment fund to be administered by the Georgia Technology Authority, and inserting in its place a new Code Section 50-25-7.1 to read as follows:
"50-25-7.1. (a) The authority is authorized and directed to establish a technology empowerment fund to be administered by the authority. The fund shall consist of such moneys appropriated or otherwise available to the authority as the board may determine from time to time to deposit therein. Subject to the appropriations process, the decisionmaking and priority-setting responsibilities for allocating these funds are vested in the chief information officer and the director of the Office of Planning and Budget. (b) The chief information officer is authorized to identify and select individual projects, initiatives, and systems to improve service delivery to be funded through the technology empowerment fund. Such projects shall demonstrate, to the satisfaction of the chief information officer, reduced costs through the use of technology. In identification and selection of such projects, initiatives, and systems, the chief

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information officer shall give priority to those which provide demonstrable cost savings and improved service delivery on a recurring basis through the employment of technology and training. Eligible projects, initiatives, and systems to receive disbursements from the technology empowerment fund may be selected from agency budget requests. Quarterly reports of the operations of the technology empowerment fund shall be required to be made to the board, the Office of Planning and Budget, and the Legislative Senate Budget Office, and the House Budget Office to ensure proper oversight and accountability. (c) Each project or initiative developed and supported from the technology empowerment fund shall employ technology that is compatible with the architecture and standards established by the authority and shall be accounted for by a discrete account established for the individual project or initiative item in the operating budget and capital budget. (d) A steering committee composed of the chairperson of the House Appropriations Committee or his or her designee from among the membership of the committee, the chairperson of the Senate Appropriations Committee or his or her designee from among the membership of the committee, the director of the Office of Planning and Budget, the legislative budget analyst the House Budget Office, the Senate Budget Office, the state auditor, and a representative from the Governors office shall advise and consult with the chief information officer regarding initiatives to receive funding from the technology empowerment fund and shall receive quarterly reports from the chief information officer as to the status of funded projects."
SECTION 47. Said title is further amended in Code Section 50-34-17, relating to the OneGeorgia Authority Overview Committee, by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a) There is established the OneGeorgia Authority Overview Committee to be composed of one member of the House of Representatives to be appointed by the Speaker of the House of Representatives, one member of the Senate to be appointed by the President of the Senate, the director of the Senate Budget Office or his or her designee, the director of the House Budget Office or his or her designee, and two members of the General Assembly to be appointed by the Governor, and the director of the Legislative Budget Office. The legislative members shall serve for terms as members of the committee concurrent with their terms of office as members of the General Assembly. The first members of the committee shall be appointed by not later than July 1, 2000. Thereafter, their successors shall be appointed during the first 30 days of each regular legislative session which is held immediately following the election of members of the General Assembly."
PART IV SECTION 48.

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Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended by repealing in its entirety Code Section 28-5-5, relating to the Budgetary Responsibility Oversight Committee, which reads as follows:
"28-5-5. (a) There is created the Budgetary Responsibility Oversight Committee which shall be composed of six members of the House of Representatives appointed by the Speaker of the House of Representatives and six members of the Senate appointed by the President of the Senate. The members of such committee shall be selected within ten days after the convening of the General Assembly in each odd-numbered year and shall serve until their successors are appointed. (b) The Speaker of the House of Representatives shall appoint a member of the committee to serve as chairperson and the President of the Senate shall appoint members of the committee to serve as vice chairperson and secretary during each evennumbered year. The President of the Senate shall appoint a member of the committee to serve as chairperson and the Speaker of the House of Representatives shall appoint members to serve as vice chairperson and secretary during each odd-numbered year. Such committee shall meet at least six times each year and, upon the call of the chairperson, at such additional times as deemed necessary by the chairperson. (c) It shall be the duty of such committee to consult with the Governor and the Office of Planning and Budget concerning the development and implementation of the strategic planning process, the development of outcome measures for program evaluation, and the implementation of related actions. (d) It shall be the duty of such committee to review and evaluate the following:
(1) Information on new programs submitted in accordance with Code Section 45-1288; (2) The continuation budget report submitted in accordance with Code Section 45-1275.1; (3) The strategic plans for the state and individual departments submitted by the Office of Planning and Budget; (4) Program evaluation reports submitted in accordance with Code Section 45-12178; (5) Information or reports to be submitted by the Office of Planning and Budget identifying moneys received and purposes for which moneys are expended in any case in which the receipt or expenditure is not contemplated by an appropriations Act; and (6) Such other information or reports as deemed necessary by such committee. (e) The Office of Planning and Budget and the head of each budget unit shall cooperate with such committee and provide such information or reports as requested by the committee for the performance of its functions. (f) The committee shall make an annual report of its activities and findings to the membership of the General Assembly and the Governor within one week of the convening of each regular session of the General Assembly. The chairperson of the committee shall deliver written executive summaries of such report to the members of

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the General Assembly prior to the adoption of the General Appropriations Act each year. (g) The members of the committee shall receive the allowances authorized for legislative members of legislative committees. The funds necessary to pay such allowances shall come from funds appropriated to the House of Representatives and the Senate. (h) The committee shall be authorized to request that a performance audit be conducted for any department which the committee deems necessary."
SECTION 49. Title 45 of the Official Code of Georgia Annotated, relating to public officers, is amended by repealing in its entirety Code Section 45-12-75.1, relating to the annual continuation budget report, which reads as follows:
"45-12-75.1. (a) On or before October 1 of 1994 and each year thereafter, the Governor, through the Office of Planning and Budget, shall prepare and submit to the Budgetary Responsibility Oversight Committee a continuation budget report. On or before May 1 of 1994 and every year thereafter, the Governor, through the Office of Planning and Budget, shall consult and coordinate with the chairperson of the Budgetary Responsibility Oversight Committee to develop a list of agencies and programs in agencies which will be included in the continuation budget report for the year. Each state department shall be included in the continuation budget report not less than once every five years. The continuation budget report shall contain a detailed analysis of the funds necessary to provide services in the current fiscal year for each state agency and program examined. Such report shall address all programs and shall include a description of the purposes and accomplishments of the programs. (b) The committee shall consider the budget report prepared pursuant to this Code section in conjunction with the audit report prepared pursuant to paragraph (4) of Code Section 50-6-24. (c) The committee shall submit to the membership of the General Assembly within one week of the convening of each regular session of the General Assembly a list of all programs included in the continuation budget report for each department examined as well as actions recommended, if any, by the committee. (d) It is the intent of this Code section to examine all state departments not less than once every five years."
SECTION 50. Said title is further amended by striking Code Section 45-12-88, relating to information required to be furnished to the Budgetary Responsibility Oversight Committee, and inserting in its place a new Code Section 45-12-88 to read as follows:
"45-12-88. When any budget unit has plans to institute any new program, it shall be the duty of the head of such unit to furnish to the Budgetary Responsibility Oversight Committee, on

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September 1 prior to the convening date of the session at which appropriations to finance such program are to be sought, a description of the program, the reason for seeking to institute such program, the operating procedure of such program, the manner in which it conforms to the organizations strategic plan as well as the state strategic plan, the extent to which the facilities and staff to implement or provide the program will be decentralized, and any other information which would be helpful to the members of the committee in determining whether or not to appropriate funds therefor. The members shall also be furnished with the projected cost to implement the program fully. Reserved."
SECTION 51. Said title is further amended by striking subsection (b) of Code Section 45-12-175, relating to preparation of long-range development plans, and inserting in its place a new subsection (b) to read as follows:
"(b) The Office of Planning and Budget shall cause to be prepared and coordinate the development of strategic plans by departments, boards, bureaus, commissions, institutions, authorities, and other agencies to ensure that the state-wide directions are met. The Office of Planning and Budget shall:
(1) Ensure that the focus of the various plans do not conflict with the general state goals; (2) Offer assistance to the various departments, boards, bureaus, commissions, institutions, authorities, and other agencies of state government in the design and execution of their programs and be the coordinating agency for the separate department or agency proposals; and (3) Phase in implementation by the various departments, boards, bureaus, commissions, institutions, authorities, and other agencies of state government. By September 1 of 1993 and each year thereafter until all departments, boards, bureaus, commissions, institutions, authorities, and other agencies have initiated strategic planning, the Office of Planning and Budget shall notify the Budgetary Responsibility Oversight Committee as to which departments, boards, bureaus, commissions, institutions, authorities, and other agencies will initiate strategic planning in the coming year; and (4) Present such strategic plans, in cooperation with the affected department, board, bureau, commission, institution, authority, or other agency, to the Budgetary Responsibility Oversight Committee."
SECTION 52. Said title is further amended by repealing in its entirety Code Section 45-12-178, relating to certain review of state programs and functions, which reads as follows:
"45-12-178. (a) It is the intent of the Governor and the General Assembly that taxpayers money be spent in the most effective and efficient manner possible in order to obtain the maximum benefit from such expenditures. In furtherance of this objective, the

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Governor, through the Office of Planning and Budget, shall assist the General Assembly in establishing an ongoing review and evaluation of all programs and functions in state government. (b) The chairperson of the Budgetary Responsibility Oversight Committee shall maintain a list of those programs for which the committee is requesting evaluations. The chairperson shall provide the list, and any subsequent revisions to the list, to the director of the Governors Office of Planning and Budget and to the state auditor. (c) The Office of Planning and Budget, the Department of Audits and Accounts, and the Research Office of the Budgetary Responsibility Oversight Committee shall undertake and complete evaluations on as many of those requested programs as resources will permit. The Office of Legislative Budget Analyst, the Board of Regents of the University System of Georgia, and all other state agencies are authorized and directed to provide assistance to the Office of Planning and Budget, the Department of Audits and Accounts, and the Research Office of the Budgetary Responsibility Oversight Committee, as requested, in the performance of these evaluations. The Office of Planning and Budget, the Department of Audits and Accounts, and the Research Office of the Budgetary Responsibility Oversight Committee are also authorized to contract with private contractors to perform, or assist in the performance of, these evaluations. (d) The Office of Planning and Budget, the Department of Audits and Accounts, and the Research Office of the Budgetary Responsibility Oversight Committee shall report to the Budgetary Responsibility Oversight Committee on the results of program evaluations as such evaluations are completed. Such reports shall include:
(1) Appropriate background information on the affected program, including how and why it was initiated, its functions, what group it serves, how it is organized structurally and geographically, what are its staff size and composition, and what is its workload; (2) Financial information including the source and amounts of funding and unit costs, where applicable; (3) A description of the programs mission, goals, and objectives and an assessment of the extent to which the program has performed in comparison; (4) Comparisons with other applicable public and private entities as to their experiences, service levels, costs, and staff resources required; (5) Recommendations concerning the program, including whether it should be continued as it is currently operated, continued with identified steps to remediate deficiencies or institute improvements, or discontinued. Consideration should also be given to possible privatization or consolidation with other similar programs; (6) Information describing the locations at which the program is operated and administered and the extent to which the operation and administration could be decentralized; and (7) Such other information as is identified as appropriate. (e) It is the intent of the General Assembly that all programs be evaluated at least every ten years.

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(f) Department heads shall respond, in writing, within 90 days of the receipt of the report to recommendations and findings by the Office of Planning and Budget or the Department of Audits and Accounts setting forth in detail the action to be taken by said department to address the recommendations and findings. Said written response shall be made to the Office of Planning and Budget, the Department of Audits and Accounts, and the Budgetary Responsibility Oversight Committee. (g) The Research Office of the Budgetary Responsibility Oversight Committee shall verify with state departments the implementation of the departments plans set forth in their 90 day responses as submitted in accordance with subsection (f) of this Code section. The Research Office shall inform the Budgetary Responsibility Oversight Committee about each departments progress at reasonable intervals."

PART V SECTION 53.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 54. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Porter of the 143rd et al. move to amend the Committee substitute to SB 254 as follows:

By inserting immediately following the word "Governor" on line 30 of page 21 the following:

", the Lieutenant Governor shall act. As related to"

By striking the first "and" on line 31 of page 21.

The Rules 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:

N Abdul-Salaam E Amerson E Anderson

Y Crawford N Cummings Y Davis

N Holmes Y Holt Y Horne

Y Maxwell Y May Y McCall

N Sailor Y Scheid Y Scott, A

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N Ashe Y Barnard N Barnes Y Bearden E 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 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 Day N Dean Y Dickson Y Dodson Y Dollar N Drenner N Dukes
Ehrhart Y England N Epps Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin
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

Y Houston Howard
Y Hudson N Hugley N Jackson N Jacobs N James N Jamieson Y Jenkins Y Jennings N Johnson
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

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
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
Rynders

Y Scott, M N Setzler Y Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield E Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T E 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 N Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 108, nays 59.

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

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

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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.
The following Committee substitute was read:
A BILL
To amend Code Section 15-12-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, so as to provide 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 Official Code of Georgia Annotated, 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 Official Code of Georgia Annotated, relating to honorary hunting and fishing licenses, so as to provide for an honorary license for returning veterans; to amend Code Section 38-2-9 of the Official Code of Georgia Annotated, relating to the state retired list, officers, enlisted persons, grade upon grade transfer to list, return to active duty, and computation of time, so as to change conditions for transferring certain personnel to the retired list; to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the issuance, expiration, and renewal of drivers licenses, so as to provide that a service member whose drivers license expires while he or she is on military duty outside the state may drive on such expired license for six months; to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to professions and businesses, so as to provide that a service member whose professional license expires while he or she is on military duty outside the state may use such expired license for six months; to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to landlord and tenant, so as to provide that under certain circumstances a service member may terminate a residential rental agreement; to amend Article 1 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions relative to telephone and telegraph service, so as to provide that a service member who is transferred may, under certain conditions, terminate a wireless telecommunications contract; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-12-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, is amended by inserting at the end thereof a new subsection to read as follows:

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"(c)(1) As used in this subsection, the term: (A) 'Ordered military duty' means any military duty performed in the service of the state or of the United States including but not limited to attendance at any service school or schools conducted by the armed forces of the United States which requires a service member to be at least 50 miles from his or her home. (B) 'Service member' means an active duty member of the regular or reserve component of the United States Armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard who was on ordered federal duty for a period of 90 days or longer.
(2) Any service member on ordered military duty and the spouse of any such service member who requests to be excused or deferred shall be excused or deferred from jury duty upon presentation of either a copy of the official military orders or a written verification signed by the service members commanding officer of such duty."
SECTION 2. Article 3 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the practice of pharmacy, is amended by inserting immediately following Code Section 26-4-44.1 a new Code section to read as follows:
"26-4-44.2. (a) As used in this Code section, the term 'service member' means an active duty member of the regular or reserve component of the United States Armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard who was on ordered federal duty for a period of 90 days or longer. (b) Any service member whose license issued pursuant to this article expired while such service member was serving on active duty outside the state shall be permitted to practice pharmacy in accordance with such expired license and shall not be charged with a violation of this chapter related to practicing pharmacy with an expired license for a period of six months from the date of his or her discharge from active duty or reassignment to a location within the state. Any such service member shall be entitled to renew such expired license without penalty within six months after the date of his or her discharge from active duty or reassignment to a location within the state. The service member must present to the board either a copy of the official military orders or a written verification signed by the service members commanding officer to waive any charges."
SECTION 3. Code Section 27-2-4 of the Official Code of Georgia Annotated, relating to honorary hunting and fishing licenses, is amended by inserting at the end thereof a new subsection to read as follows:
"(g)(1) As used in this subsection, the term 'returning veteran' means a person who is discharged from active duty as a member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the Georgia National

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Guard, or the Georgia Air National Guard and who was on ordered federal duty for a period of 90 days or longer. (2) The department shall issue an honorary hunting and fishing license to any returning veteran which shall entitle him or her to hunt and fish in this state without the payment of fees described in Code Section 27-2-23 for a period of one year following issuance. A returning veteran requesting such an honorary license shall provide proof of his or her discharge."
SECTION 4. Code Section 38-2-9 of the Official Code of Georgia Annotated, relating to the state retired list, officers, enlisted persons, grade upon grade transfer to list, return to active duty, and computation of time, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following:
"(a) Any member of the organized militia who has reached the age of 64 years shall may be retired for the reason of age and shall be transferred to the state retired list by the Governor. A member may be retired for reason of age and transferred to the state retired list by the Governor before reaching 64 years of age in order to conform to the laws and regulations of the United States which are applicable to the organized militia."
SECTION 5. Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the issuance, expiration, and renewal of drivers licenses, is amended by inserting at the end thereof the following:
"40-5-37. (a) As used in this Code section, the term 'service member' means an active duty member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard who is on ordered federal duty for a period of 90 days or longer. (b) Any service member whose Georgia drivers license expired while such service member was serving on active duty outside the state shall be permitted to operate a motor vehicle in accordance with such expired license and shall not be charged with a violation of Code Section 40-5-20 for a period of six months from the date of his or her discharge from active duty or reassignment to a location within the state. The service member must present to the department either a copy of the official military orders or a written verification signed by the service members commanding officer to waive charges."
SECTION 6. Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to professions and businesses, is amended by inserting at the end thereof the following:
"43-1-31.

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(a) As used in this Code section, the term 'service member' means an active duty member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard on ordered federal duty for a period of 90 days or longer. (b) Any service member whose license to practice a profession issued pursuant to any provision of this title expired while such service member was serving on active duty outside the state shall be permitted to practice such profession in accordance with such expired license and shall not be charged with a violation of this title related to practicing a profession with an expired license for a period of six months from the date of his or her discharge from active duty or reassignment to a location within the state. Any such service member shall be entitled to renew such expired license without penalty within six months after the date of his or her discharge from active duty or reassignment to a location within the state. The service member must present to the applicable professional licensing board either a copy of the official military orders or a written verification signed by the service members commanding officer to waive any charges."
SECTION 7. Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to landlord and tenant, is amended by inserting at the end thereof a new Code section to read as follows:
"44-7-22. (a) As used in this Code section, the term 'service member' means an active duty member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard on ordered federal duty for a period of 90 days or longer. (b) Any service member may terminate his or her residential rental or lease agreement by providing the landlord with a written notice of termination to be effective on the date stated in the notice that is at least 30 days after the landlords receipt of the notice if any of the following criteria are met:
(1) The service member is required, pursuant to a permanent change of station orders, to move 35 miles or more from the location of the rental premises; (2) The service member is released from active duty or state active duty after having leased the rental premises while on active duty status and the rental premises is 35 miles or more from the service members home of record prior to entering active; (3) After entering into a rental agreement, the service member receives military orders requiring him or her to move into government quarters; (4) After entering into a rental agreement, the service member becomes eligible to live in government quarters and the failure to move into government quarters will result in a forfeiture of the service members basic allowance for housing; (5) The service member receives temporary duty orders, temporary change of station orders, or state active duty orders to an area 35 miles or more from the location of the rental premises, provided such orders are for a period exceeding 60 days; or

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(6) The service member has leased the property but prior to taking possession of the rental premises receives a change of orders to an area that is 35 miles or more from the location of the rental premises. (c) The notice to the landlord pursuant to subsection (b) of this Code section shall be accompanied by either a copy of the official military orders or a written verification signed by the service members commanding officer. (d) In the event a service member dies during active duty, an adult member of his or her immediate family may terminate the service members residential rental or lease agreement by providing the landlord with a written notice of termination to be effective on the date stated in the notice that is at least 30 days after the landlords receipt of the notice. The notice to the landlord must be accompanied by either a copy of the official military orders showing the service member was on active duty or a written verification signed by the service members commanding officer and a copy of the service members death certificate. (e) Upon termination of a rental agreement under this Code section, the service member is liable for the rent due under the rental agreement prorated to the effective date of the termination payable at such time as would have otherwise been required by the terms of the rental agreement. The service member is not liable for any other rent or damages due to the early termination of the tenancy as provided for in this subpart. Notwithstanding any provision of law to the contrary, if a service member terminates the rental agreement pursuant to this Code section 14 or more days prior to occupancy, no damages or penalties of any kind will be assessable. (f) The provisions of this Code section shall apply to all residential rental or lease agreements entered into on or after July 1, 2005, and to any renewals, modifications, or extensions of such agreements in effect on such date. The provisions of this Code section may not be waived or modified by the agreement of the parties under any circumstances."
SECTION 8. Article 1 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions relative to telephone and telegraph service, is amended by inserting at the end thereof the following:
"46-5-8. (a) As used in this Code section, the term 'service member' means an active duty member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard on ordered federal duty for a period of 90 days or longer. (b) Any service member may terminate his or her wireless telecommunications service contract by providing the wireless telecommunications provider with a written notice of termination, effective on the date specified in the notice, which date shall be at least 30 days after receipt of the notice by the wireless telecommunications provider, if any of the following criteria are met:

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4291

(1) The service member is required, pursuant to a permanent change of station orders, to move outside the area served by the wireless telecommunications provider or to an area where the type of wireless telecommunications service being provided to the service member is not available from the wireless telecommunications provider; (2) The service member is discharged or released from active duty or state active duty and will return from such duty to an area not served by the wireless telecommunications provider or where the type of telecommunications service contracted for is not available from the wireless telecommunications provider; (3) The service member is released from active duty after having entered into a contract for wireless telecommunications service while on active duty status and the wireless telecommunications provider does not provide telecommunications service or the same type of wireless telecommunications service contracted for in the region of the service members home of record prior to entering active duty; (4) The service member receives military orders requiring him or her to move outside the continental United States; or (5) The service member receives temporary duty orders, temporary change of station orders, or active duty or state active duty orders to an area not served by the wireless telecommunications provider or where the type of wireless telecommunications service contracted for is not available from the wireless telecommunications provider, provided such orders are for a period exceeding 60 days. (c) The written notice to the wireless telecommunications provider must be accompanied by either a copy of the official military orders or a written verification signed by the service members commanding officer. (d) Upon termination of a contract under this Code section, the service member is liable for the amount due under the contract prorated to the effective date of the termination payable at such time as would have otherwise been required by the terms of the contract. The service member is not liable for any other fees due to the early termination of the contract as provided for in this Code section. (e) The provisions of this Code section shall apply to any contract for wireless telecommunications service entered into on or after July 1, 2005, and to any renewals, modifications, or extensions of any such contract in effect on such date and may not be waived or modified by the agreement of the parties under any circumstances."
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and withdrawn:
Representatives Yates of the 73rd and Willard of the 49th move to amend the Committee substitute to SB 258 by striking lines 8 through 12 of page 1 and inserting in lieu thereof the following:

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"licenses, so as to provide for an honorary license for returning veterans; to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia"

By striking lines 15 through 24 of page 3.

By renumbering Sections 5 through 9 as Section 4 through 8, respectively.

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 E 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 Bryant
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
Dodson Y Dollar Y Drenner Y Dukes
Ehrhart E 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 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
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
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
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 Y Sims, F
Sinkfield E Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T E 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 Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker

THURSDAY, MARCH 31, 2005

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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.

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.

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.

The following Committee substitute was read:

A BILL

To amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to provide a short title; to provide for definitions; to provide that the terms of gift certificates, store gift cards, and general use gift cards shall be disclosed at the time of purchase and through certain notifications; 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. This Act shall be known and may be cited as the "Gift Card Integrity Act of 2005."

SECTION 2. Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, is amended by striking the word "or" at the end of paragraph (31) of subsection (b), striking the period and inserting "; or" at the end of paragraph (32) of subsection (b), and adding a new paragraph (33) to subsection (b) to read as follows:
"(33)(A) For any person, firm, partnership, association, or corporation to issue a gift certificate, store gift card, or general use gift card without:

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(i) Including the terms of the gift certificate, store gift card, or general use gift card in the packaging which accompanies the certificate or card at the time of purchase, as well as making such terms available upon request; and (ii) Conspicuously printing the expiration date, if applicable, on the certificate or card and conspicuously printing the amount of any dormancy or nonuse fees on:
(I) The certificate or card; or (II) A sticker affixed to the certificate or card. A gift certificate, store gift card, or general use gift card shall be valid in accordance with its terms in exchange for merchandise or services. (B) As used in this paragraph, the term: (i) 'General use gift card' means a plastic card or other electronic payment device which is usable at multiple, unaffiliated merchants or service providers; is issued in an amount which amount may or may not be, at the option of the issuer, increased in value or reloaded if requested by the holder; is purchased or loaded on a prepaid basis by a consumer; and is honored upon presentation by merchants for goods or services. (ii) 'Gift certificate' means a written promise that is usable at a single merchant or an affiliated group of merchants that share the same name, mark, or logo; is issued in a specified amount and cannot be increased in value on the face thereof; is purchased on a prepaid basis by a consumer in exchange for payment; and is honored upon presentation for goods or services by such single merchant or affiliated group of merchants that share the same name, mark, or logo. (iii) 'Store gift card' means a plastic card or other electronic payment device which is usable at a single merchant or an affiliated group of merchants that share the same name, mark, or logo; is issued in a specified amount and may or may not be increased in value or reloaded; is purchased on a prepaid basis by a consumer in exchange for payment; and is honored upon presentation for goods or services by such single merchant or affiliated group of merchants that share the same name, mark, or logo."

SECTION 3. This Act shall become effective on October 1, 2005, and shall apply to any gift certificates, store gift cards, or general use gift cards sold on or after such date.

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

Representative Oliver of the 83rd moved that SB 13 be placed upon the table.

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

Y Abdul-Salaam E Amerson E Anderson

Crawford Y Cummings N Davis

Y Holmes Y Holt N Horne

N Maxwell N May N McCall

Y Sailor N Scheid N Scott, A

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4295

Y Ashe N Barnard Y Barnes N Bearden E 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 N Chambers Y Channell Y Cheokas N Coan
Cole N Coleman, B Y Coleman, T N Cooper N Cox

Day Y Dean Y Dickson Y Dodson N Dollar Y Drenner Y Dukes N Ehrhart E 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 Y Greene Y Hanner N Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall N Hembree Y Henson N Hill, C N Hill, C.A

N Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson N Jenkins Y 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 Y Lord N Loudermilk Y Lucas N Lunsford N Maddox Y Mangham N Manning Y Marin N Martin

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

N Scott, M N Setzler Y Shaw Y Sheldon
Sims, C Y Sims, F Y Sinkfield E Smith, B N Smith, L Y Smith, P N Smith, R N Smith, T E 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 Y Williams, R Y Wix
Yates Richardson, Speaker

On the motion, the ayes were 86, nays 78.

The motion prevailed.

Representative Graves of the 12th moved that the House reconsider its action in tabling SB 13.

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

N Abdul-Salaam E Amerson E Anderson N Ashe Y Barnard N Barnes Y Bearden E Beasley-Teague N Benfield N Benton N Black N Bordeaux

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

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

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

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

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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
Cole Y Coleman, B N Coleman, T Y Cooper Y Cox

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 Jennings N Johnson
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

The ayes were 85, the nays 83.

Y Mosley N Mumford Y Murphy, J N Murphy, Q Y Neal N Oliver Y O'Neal N Orrock
Parham N 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

N Smith, P Y Smith, R Y Smith, T E 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 Y Yates
Richardson, Speaker

The motion prevailed.

Representative Richardson of the 19th moved the previous question.

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

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

Y Crawford N Cummings Y Davis Y Day Y Dean Y Dickson
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

N Holmes Y Holt Y Horne Y Houston N Howard Y Hudson N Hugley N Jackson N Jacobs N James N Jamieson N Jenkins Y Jennings N Johnson
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 N Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield E Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T E Smith, V N Smyre N Stanley-Turner Y Stephens

THURSDAY, MARCH 31, 2005

4297

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
Coleman, T Y Cooper Y Cox

Y Freeman N Gardner Y Geisinger Y Golick Y Graves, D Y Graves, T
Greene 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 Kidd Y Knight Y Knox Y Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey
Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin Y Martin

N Orrock Parham
Y Parrish Y Parsons N Porter
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 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 motion, the ayes were 100, nays 66.

The motion prevailed.

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 E Amerson E Anderson N Ashe Y Barnard N Barnes Y Bearden E Beasley-Teague N Benfield N 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 Crawford N Cummings Y Davis Y Day N Dean Y Dickson
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

N Holmes Y Holt Y Horne Y Houston N Howard Y Hudson N Hugley N Jackson Y Jacobs N James N Jamieson N Jenkins Y Jennings N Johnson
Jones, J N Jones, S N Jordan Y Keen Y Keown N 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 N Oliver Y O'Neal N Orrock
Parham

N Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler N Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield E Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T E 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 Y Channell Y Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T Y Cooper Y Cox

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 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 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 Y Rogers Y Royal Y Rynders

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 101, nays 70.

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

Representative Dean of the 59th moved that the House reconsider its action in giving the requisite constitutional majority to SB 13.

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

Y Abdul-Salaam E Amerson E Anderson Y Ashe N Barnard Y Barnes N Bearden E 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

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

Y Holmes N Holt N Horne N Houston Y Howard Y Hudson Y Hugley Y Jackson N Jacobs Y James Y Jamieson Y Jenkins N 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 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
Parham N Parrish N Parsons Y 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 E Smith, B N Smith, L Y Smith, P N Smith, R N Smith, T E 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

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

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

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

On the motion, the ayes were 71, nays 96.

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

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

The motion was lost.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:

Mr. Speaker:

The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:

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 Bills of the House and Senate were taken up for the purpose of considering the reports of the Committee of Conference thereon:

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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 244

The Committee of Conference on HB 244 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 244 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ John Wiles Senator, 37th District

/s/ Sue Burmeister Representative, 119th District

/s/ Joseph Carter Senator, 13th District

/s/ Jerry Keen Representative, 179th District

/s/ Cecil Staton Senator, 18th District

/s/ Mark Burkhalter Representative, 50th District

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 revise the forms of identification that are acceptable in order to register and to vote in this state; 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

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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 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 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 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 change the forms of identification that are acceptable for voter registration, for absentee voting, and for voting at the polls; to require the county registrars to ensure that certain information is contained on the lists of electors used at polling places; to provide for the confidentiality of certain information; 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 amend Code Section 40-5-103 of the Official Code of Georgia Annotated,

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relating to fee for identification cards, so as to provide that fees for identification cards for persons who are indigent and need an identification card in order to vote shall be waived under certain circumstances; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 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." "(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

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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 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.

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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; (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.

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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 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 subsections (c), (d), (f), and (i) of Code Section 21-2-132, relating to filing notice of candidacy, nomination petition, and 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:

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(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 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:

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(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. Unless the candidate provides proof that his or her surname as it appears on the candidate's registration card is incorrect in which event the correct name shall be listed. 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." "(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

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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 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:

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"(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 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

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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."
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

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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 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

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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 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:

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(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; (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

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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 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 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 subsection (c) of Code Section 21-2-417 or a legible copy thereof. The registrars shall make copies of any original forms of identification

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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) 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) 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, 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 (g) of Code Section 21-2-224, relating to official list of electors, and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) The official list of electors and the official list of inactive electors prepared and distributed to the poll officers of each precinct shall include only the electors name, address, ZIP Code, date of birth, voter identification number, a designation of whether the elector registered for the first time in this state by mail and is required to comply with Code Sections 21-2-220 and 21-2-417, congressional district, state Senate district, state House district, county commission district, if any, county or independent board of education district, if any, and municipal governing authority district designations, if any, and such other voting districts, if any. The official list of electors and the official list of inactive electors prepared and distributed to the poll officers of each precinct may also include codes designating that an elector has voted by absentee ballot, has been challenged, or has been sent mail by the registrars which has been returned marked undeliverable. No person whose name does not appear on the official list of electors shall vote or be allowed to vote at any election, except as otherwise provided in this article. The county registrars shall ensure that the information required to notify poll

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officers that an elector registered to vote for the first time in this state by mail and must comply with subsection (c) of Code Section 21-2-220 and subsection (c) of Code Section 21-2-417 is placed on each list of electors to be used at a polling place."
SECTION 26. Said chapter is further amended by striking subsection (b) of Code Section 21-2-225, relating to confidentiality of original registration applications, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) All data collected and maintained on electors whose names appear on the list of electors maintained by the Secretary of State pursuant to this article shall be available for public inspection with the exception of bank statements submitted pursuant to subsection (b) (c) of Code Section 21-2-220 and subsection (c) of Code Section 21-2417 and the social security numbers of the electors and the locations at which the electors applied to register to vote which shall remain confidential and be used only for voter registration purposes; provided, however, that social security numbers of electors may be made available to other state agencies if the agency is authorized to maintain information by social security number and the information is used only to identify the elector on the receiving agencys data base and is not disseminated further and remains confidential."
SECTION 27. 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 28. 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

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registrars or the county governing authority for whom the registrars are acting to a fine by the State Election Board."
SECTION 29. 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 30. 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

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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 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 31. 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

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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 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 32. 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 33. 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 34. 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

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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."
SECTION 35. 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.

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(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)';
(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 36. 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 37. 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

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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 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 38. 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 39. 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

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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 __________?' (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 40. 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 41. 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 42. 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 43. 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 44.

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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 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 45. 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 46. 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 47. 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

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clear presentation of candidates and questions to the electors and that the ballots shall not be required to have a name stub."
SECTION 48. 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 49. 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

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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. (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 50. 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 51. 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.

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(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. (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 State Election Board may request in writing on

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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 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.

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(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 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 State Election Board 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

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opportunities for fraudulent application, including, but not limited to, comparison of voter registration records with death certificates."
SECTION 52. Said chapter is further amended by adding a new Code Section 21-2-381.2 to read as follows:
"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 53. 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

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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 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

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list of issues included in this election constitutes an act of voter fraud and is a felony

under Georgia law.

____________________

________________________

Electors Residence

Electors Place of Birth

Address

____________________

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 54.

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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 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) An elector who registered to vote by mail, but did not comply with subsection (c) of Code Section 21-2-220, and who votes for the first time in this state by absentee ballot shall include with his or her application for an absentee ballot or in the outer oath envelope of his or her absentee ballot either one of the forms of identification listed in subsection (a) of Code Section 21-2-417 or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of such elector. If such elector does not provide any of the forms of identification listed in this subparagraph with his or her application for an absentee ballot or with the absentee ballot, such absentee ballot shall be deemed to be a provisional ballot and such ballot shall only be counted if the registrars are able to verify current and valid identification of the elector as provided in this subparagraph within the time period for verifying provisional ballots pursuant to Code Section 21-2-419. (E) 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

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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. (F) 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. (G) 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 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 55. 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:

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"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 56. 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 57. 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

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(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 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 state-

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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, 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. (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

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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 58. 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. (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 59. Said chapter is further amended by striking Code Section 21-2-417, relating to form of proper identification at polls, and inserting in lieu thereof a new Code Section 21-2-417 to read as follows:
"21-2-417. (a) Each Except as provided in subsection (c) of this Code section, 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 driver's license which was properly issued by the appropriate state agency;

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(2) A valid identification card 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, provided that such identification card contains a photograph of the elector; (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) 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; (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)(5) A valid United States military identification card;, provided that such identification card contains a photograph of the elector; or (10)(6) A certified copy of the electors birth certificate; A valid tribal identification card containing a photograph of the elector. (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 Except as provided in subsection (c) of this Code section, 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 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

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registrars are able to verify current and valid 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. (c) An elector who registered to vote by mail, but did not comply with subsection (c) of Code Section 21-2-220, and who votes for the first time in this state shall present to the poll workers either one of the forms of identification listed in subsection (a) of this Code section or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of such elector. If such elector does not have any of the forms of identification listed in this subsection, such elector may vote a provisional ballot pursuant to Code Section 21-2418 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 identification of the elector as provided in this subsection within the time period for verifying provisional ballots pursuant to Code Section 21-2419. 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 60. 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.

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(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 61. 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

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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 62. 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, 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

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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 63. 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 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

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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 twenty-eighth 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 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.

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(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 64. 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." "(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 65.

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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 66. Code Section 40-5-103 of the O.C.G.A., relating to fee for identification cards, is amended by adding a new subsection (d) to read as follows:
"(d) The department shall not be authorized to collect a fee for an identification card from any person:
(1) Who swears under oath that he or she is indigent and cannot pay the fee for an identification card, that he or she desires an identification card in order to vote in a primary or election in Georgia, and that he or she does not have any other form of identification that is acceptable under Code Section 21-2-417 for identification at the polls in order to vote; and (2) Who produces evidence that he or she is registered to vote in Georgia. This subsection shall not apply to a person who has been issued a drivers license in this state."
SECTION 67. 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 68. Except for Section 13, this Act shall become effective on July 1, 2005. Section 13 shall

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become effective on January 1, 2006.

SECTION 69. All laws and parts of laws in conflict with this Act are repealed.

Representative Burmeister of the 119th moved that the House adopt the report of the Committee of Conference on HB 244.

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

N Abdul-Salaam E Amerson E Anderson N Ashe Y Barnard N Barnes N Bearden E 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
Cheokas Y Coan Y Cole Y Coleman, B N Coleman, T
Cooper Y Cox

Crawford N Cummings Y Davis Y Day N Dean Y Dickson
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 Holmes Y Holt Y Horne N 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 N Lord Y Loudermilk N Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin Y Martin

On the motion, the ayes were 91, nays 75.

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
Murphy, Q Y Neal N Oliver Y O'Neal N Orrock
Parham N 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

N Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C N Sims, F N Sinkfield E Smith, B Y Smith, L N Smith, P Y Smith, R Y Smith, T E 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
Yates Richardson, Speaker

The motion prevailed.

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Representatives Cheokas of the 134th and Murphy of the 120th 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.

Representative Cooper of the 41st 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 Mangham of the 94th moved that the House reconsider its action in adopting the Committee of Conference report to HB 244.

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

Y Abdul-Salaam E Amerson E Anderson Y Ashe N Barnard Y Barnes Y Bearden E 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 N Chambers Y Channell
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 N Dickson
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
Gardner N Geisinger N Golick N Graves, D N Graves, T Y Greene Y Hanner
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 Y Houston Y Howard Y Hudson Y Hugley Y 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 Y Lucas N Lunsford N Maddox Y Mangham N Manning Y Marin N Martin

On the motion, the ayes were 76, nays 92.

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
Parham Y 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 Sailor N Scheid N Scott, A N Scott, M N Setzler Y Shaw N Sheldon N Sims, C Y Sims, F Y Sinkfield E Smith, B N Smith, L Y Smith, P N Smith, R N Smith, T E 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 Y Wix
Yates Richardson, Speaker

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The motion was lost.

The Speaker Pro Tem assumed the Chair.

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 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 following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 374

The Committee of Conference on HB 374 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 374 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Casey Cagle Senator, 49th District

/s/ Harry Geisinger Representative, 48th District

/s/ Don Balfour Senator, 9th District

/s/ Larry O'Neal Representative, 146th District

/s/ Nancy Schaefer Senator, 50th District

/s/ Martin Scott Representative, 2nd District

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 374

A BILL

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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 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 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 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, is amended by striking subparagraph (a)(1)(D) and inserting in its place a new subparagraph (D) to read as follows:
"(D) Except as provided in paragraphs (2.1), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), and (5.2), and (5.3) of this subsection, no tax levied pursuant to this Code section shall be levied or collected at a rate exceeding 3 percent of the charge to the public for the furnishings."
SECTION 2. Said Code section is further amended by striking paragraph (2) of subsection (a) and inserting in its place a new paragraph (2) to read as follows:
"(2) A county or municipality levying a tax as provided in paragraph (1) of this subsection shall in each fiscal year beginning on or after July 1, 1987, expend for the purpose of promoting tourism, conventions, and trade shows a percentage of the total taxes collected under this Code section which is not less than the percentage of such tax collections expended for such purposes during the immediately preceding fiscal year. In addition, if during such immediately preceding fiscal year any portion of such tax receipts was expended for such purposes through a grant to or a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organization, then in each fiscal year beginning on or after July 1, 1987, at least the same percentage shall be expended through a contract or contracts with one or more such entities for the purpose of promoting tourism, conventions, and trade shows. The expenditure requirements of this paragraph shall cease to apply to a county or municipality which levies a tax at a rate in excess of 3 percent, as authorized under paragraphs (2.1), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), and (5.2), and (5.3) of this

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subsection; and in such case the expenditure requirements of such paragraph of this subsection pursuant to which such tax is levied shall apply instead."
SECTION 3. Said Code section is further amended by striking paragraph (4) of subsection (a) and inserting in its place a new paragraph (4) to read as follows:
"(4) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 43 1/3 percent of the total taxes collected at the rate of 6 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded prior to July 1, 1990, in whole or in part by a grant of state funds or is funded on or after July 1, 1990, in whole or substantially by an appropriation of state funds; (E) supporting a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of this title, as amended, and such facility was substantially completed and in operation prior to December 31, 1993; or (F) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purposes (C) and (D) may be so expended in any otherwise lawful manner. In addition to the amounts required to be expended above, a county or municipality levying a tax pursuant to this paragraph (4) shall further expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 1 percent of the total taxes collected at the rate of 6 percent for the purpose of supporting a museum of aviation and aviation hall of fame or an amount equal to at least 16 2/3 percent of the total taxes collected at the rate of 6 percent for the purpose of construction or expansion of either: (A) a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (B) a

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facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if such support is provided to a governmental entity with which the county or municipality levying the tax had in effect on January 1, 1987, a contractual agreement concerning governmental support of a convention and trade show facility; (C) a facility owned or operated for convention and trade show purposes, visitor welcome center purposes, or any other similar or related purposes by a convention and visitors bureau authority created by local Act of the General Assembly for a municipality; (D) a facility owned or operated for convention and trade show purposes or any other similar or related purposes by a coliseum and exhibit hall authority created by local Act of the General Assembly for a county and one or more municipalities therein; (E) a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of this title, as amended, and such facility was substantially completed and in operation prior to December 31, 1993; (F) a system of bicycle or pedestrian trails or walkways or both connecting a historic district within the levying county or municipality and surrounding areas (and with respect to this purpose (F) construction and expansion shall include acquisition and development), if not later than December 1, 1993, the county or municipality has adopted ordinances, resolutions, or contracts which: (i) designate such historic district; (ii) obligate the county or municipality to provide funds to promote tourism to a historic district owners and business association which qualifies as a private sector nonprofit organization under subparagraph (a)(8)(A) of this Code section and Section 501(c)(6) of the Internal Revenue Code; (iii) provide a 'comprehensive plan' as provided for in Chapters 70 and 71 of Title 36; (iv) provide a transportation plan as a component of such comprehensive plan; and (v) provide a recreation plan which is designed to identify recreation needs through the year 2000 and which includes provisions for such system of trails or walkways or both; provided that the authority to expend funds for such system of trails or walkways or both shall expire when all capital costs of the initial acquisition, construction, and development of such system as identified in the relevant plan have been paid and in no event later than July 1, 2002. Amounts so expended to meet such 16 2/3 percent expenditure requirement shall not be subject to the foregoing provisions of this paragraph requiring expenditure through a contract or contracts with certain entities; or (G) a system of bicycle or pedestrian greenways, trails, walkways, or any combination thereof connecting a downtown historic or business district within the levying county or municipality and surrounding areas (and with respect to this purpose (G) construction and expansion shall include acquisition and development), if not later than December 1, 2000, the county or municipality has adopted ordinances, resolutions, or contracts which: (i) designate such historic or downtown business district; (ii) obligate the county or municipality to provide funds to promote tourism to a downtown business district owners and business association or chamber of

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commerce which qualify as private sector nonprofit organizations under subparagraph (a)(8)(A) of this Code section and Section 501(c)(6) of the Internal Revenue Code; (iii) provide a 'comprehensive plan' as provided for in Chapters 70 and 71 of Title 36; (iv) provide a transportation plan as a component of such comprehensive plan; and (v) provide a recreation plan as a component of such comprehensive plan which includes provisions for such system of trails or walkways or both; provided that the authority to expend funds for such system of trails or walkways or both shall expire when all capital costs of the initial acquisition, construction, and development of such system as identified in the relevant plan have been paid and in no event later than July 1, 2005 2025. Amounts so expended to meet such 16 2/3 percent expenditure requirement shall not be subject to the foregoing provisions of this paragraph requiring expenditure through a contract or contracts with certain entities."
SECTION 4. Said Code section is further amended in subsection (a) by adding a new paragraph immediately following paragraph (5.2), to be designated paragraph (5.3), to read as follows:
"(5.3)(A) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) and municipalities within such a county in which a convention and visitors bureau authority has been created by local Act of the General Assembly which was in existence on July 1, 2005, and which authority is established specifically by such local Act as a permissible, but not exclusive, entity for the transfer of hotel and motel tax funds by the taxing entities of the county for which such authority was created may levy a tax under this Code section at a rate of 5 percent. (B) The provisions of paragraph (2) of this subsection relating to expenditures shall apply to this paragraph; provided, however, that a county or municipality levying a tax pursuant to this paragraph shall be authorized, but not required, to expend funds through a convention and visitors bureau authority created by local Act of the General Assembly."
SECTION 5. Said Code section is further amended by striking paragraph (6) of subsection (a) and inserting in its place a new paragraph (6) to read as follows:
"(6) At no time shall a county or municipality levy a tax under more than one paragraph of this subsection. Following the termination of a tax under paragraph (2.1), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2), or (5.3) of this subsection, any county or municipality which has levied a tax pursuant to paragraph (2.1), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2), or (5.3) of this subsection shall be authorized to levy a tax in the manner and at the rate authorized by either paragraph (1), paragraph (3), or paragraph (4) of this subsection but shall not thereafter be authorized to again levy a tax under paragraph (2.1), (3.1), (3.2), (3.3),

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(3.4), (3.5), (3.7), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2), or (5.3) of this subsection."
SECTION 6. Said Code section is further amended by striking paragraphs (9) and (10) of subsection (a) and inserting in their places new paragraphs (9) and (10) to read as follows:
"(9)(A) A county or municipality imposing a tax under paragraph (1), (2), (2.1), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2), or (5.3) of this subsection shall prior to the imposition of the tax (if the tax is imposed on or after July 1, 1990) and prior to each fiscal year thereafter in which the tax is imposed adopt a budget plan specifying how the expenditure requirements of this Code section will be met. Prior to the adoption of such budget plan, the county or municipality shall obtain from the authorized entity with which it proposes to contract to meet the expenditure requirements of this Code section a budget for expenditures to be made by such organization; and such budget shall be made a part of the county or municipal budget plan.
(B)(i) The determination as to whether a county or municipality has complied with the expenditure requirements of paragraph (2), (2.1), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2), or (5.3) of this subsection shall be made for each fiscal year beginning on or after July 1, 1987, as of the end of each fiscal year, shall be prominently reflected in the audit required under Code Section 36-81-7, and shall disclose:
(I) The amount of funds expended or contractually committed for expenditure as provided in paragraph (2), (2.1), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2), or (5.3) of this subsection, whichever is applicable, during the fiscal year; (II) The amount of tax receipts under this Code section during such fiscal year; and (III) Expenditures as a percentage of tax receipts. (ii) A county or municipality contractually expending funds to meet the expenditure requirements of paragraph (2), (2.1), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2), or (5.3) of this subsection shall require the contracting party to provide audit verification that the contracting party makes use of such funds in conformity with the requirements of this subsection. If the audit required by Code Section 36-81-7 identifies noncompliance with the applicable expenditure requirements of this Code section, such noncompliance shall be reported in accordance with paragraph (2) of subsection (c) of Code Section 36-81-7. The state auditor shall report all instances of noncompliance with this subparagraph noted in the audit report to the Department of Community Affairs upon completion of the report review required by paragraph (2) of subsection (d) of Code Section 36-81-7. The state auditor shall furnish a copy of all documents submitted by the local government or the local governments auditor pertaining to noncompliance with this subparagraph to

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the Department of Revenue. The Department of Community Affairs shall submit a copy of such documents to the performance review board. (10) Nothing in this article shall be construed to limit the power of a county or municipality to expend more than the required amounts, or all, of the total taxes collected under this Code section for the purposes described in paragraph (2), (2.1), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2), or (5.3) of this subsection."

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.

Representative Geisinger of the 48th moved that the House adopt the report of the Committee of Conference on HB 374.

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

Abdul-Salaam E Amerson E Anderson Y Ashe Y Barnard Y Barnes N Bearden E Beasley-Teague Y Benfield N Benton Y Black Y Bordeaux Y Borders Y Bridges Y Brooks Y 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 Cheokas

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

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson
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 Lakly Y Lane, B Y Lane, R Y Lewis Y Lindsey Y Lord N Loudermilk Y Lucas

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

Y Sailor Y Scheid Y Scott, A N Scott, M Y Setzler Y Shaw N Sheldon Y Sims, C Y Sims, F Y Sinkfield E Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T E 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 N Watson Y Wilkinson Y Willard

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Y Coan Y Cole Y Coleman, B
Coleman, T Y Cooper Y Cox

N Heard, K Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A

Y Lunsford Y Maddox N Mangham Y Manning Y Marin Y Martin

On the motion, the ayes were 134, nays 19.

Y Reese Y Rice Y Roberts E Rogers N Royal Y Rynders

N Williams, A N Williams, E Y Williams, R Y Wix
Yates Richardson, Speaker

The motion prevailed.

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 227

The Committee of Conference on SB 227 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 227 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Casey Cagle Senator, 49th District

/s/ Larry O'Neal Representative, 146th District

/s/ Greg Goggans Senator, 7th District

/s/ Bill Cummings Representative, 16th District

/s/ Chip Rogers Senator, 21st District

/s/ Tom Rice Representative, 51st District

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A BILL
To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new article at the end of Chapter 82, relating to bonds, to be designated Article 11, to read as follows:
"ARTICLE 11
36-82-250. As used in this article, the term:
(1) 'Counterparty' means the party entering into a qualified interest rate management agreement with the local governmental entity. A counterparty must be a bank, insurance company, or other financial institution duly qualified to do business in the state that either:
(A) Has, or whose obligations are guaranteed by an entity that has, at the time of entering into a qualified interest rate management agreement and for the entire term thereof, a long-term unsecured debt rating or financial strength rating in one of the top two ratings categories, without regard to any refinement or gradation of rating category by numerical modifier or otherwise, assigned by any two of the following: Moodys Investors Service, Inc., Standard & Poors Ratings Service, a division of The McGraw-Hill Companies, Inc., Fitch, Inc., or such other nationally recognized ratings service approved by the governing body of the local governmental entity; or (B) Has collateralized its obligations under a qualified interest rate management agreement in a manner approved by the local governmental entity. (2) 'Debt' shall include all debt and revenue obligations that a local governmental entity is authorized to incur by law, including without limitation general obligation debt in the form of bonds or other obligations, revenue bonds and other forms of revenue obligations, and all other debt or revenue undertakings, including, but not limited to, bonds, notes, warrants, certificates or other evidences of indebtedness, or other obligations for borrowed money issued or to be issued by any local

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governmental entity. 'Debt' includes any financing lease or installment purchase contracts of any local public authorities. (3) 'Independent financial adviser' means a person or entity experienced in the financial aspects and risks of qualified interest rate management agreements that is retained by the local governmental entity to render advice with respect to a qualified interest rate management agreement. The independent financial adviser may not be the counterparty or an affiliate or agent of the counterparty on a qualified interest rate management agreement with respect to which the independent financial adviser is advising the local governmental entity. (4) 'Interest rate management plan' means a written plan prepared or reviewed by an independent financial adviser with respect to qualified interest rate management agreements of the local governmental entity, which plan has been approved by the governing body of the local governmental entity. (5) 'Lease or installment purchase contract' means multiyear lease, purchase, installment purchase, or lease purchase contracts within the meaning of Code Sections 20-2-506 and 36-60-13 or substantially similar other or successor Code sections. (6) 'Local governmental entity' means any governmental body as defined in paragraph (2) of Code Section 36-82-61, as amended; provided, however, that such term shall only include authorities which are local public authorities included in the definition thereof set forth in subparagraphs (C) and (D) of paragraph (2) of Code Section 36-82-61, as amended. (7) 'Qualified interest rate management agreement' means an agreement, including a confirmation evidencing a transaction effected under a master agreement entered into by the local governmental entity in accordance with, and fulfilling the requirements of, Code Section 36-82-253, which agreement in the judgment of the local governmental entity is designed to manage interest rate risk or interest cost of the local governmental entity on any debt or lease or installment purchase contract the local governmental entity is authorized to incur, including, but not limited to, interest rate swaps or exchange agreements, interest rate caps, collars, corridors, ceiling, floor, and lock agreements, forward agreements, swaptions, warrants, and other interest rate agreements which, in the judgment of the local governmental entity, will assist the local governmental entity in managing its interest rate risk or interest cost.
36-82-251. With respect to all or any portion of any debt or lease or installment purchase contract, either issued or anticipated to be issued by the local governmental entity, the local governmental entity may enter into, terminate, amend, or otherwise modify a qualified interest rate management agreement under such terms and conditions as the local governmental entity may determine, including, without limitation, provisions permitting the local governmental entity to pay to or receive from any counterparty any loss of benefits under such agreement upon early termination thereof or default under such agreement.

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36-82-252. (a) Prior to executing and delivering a qualified interest rate management agreement, the local governmental entity shall have adopted an interest rate management plan that includes:
(1) An analysis of the interest rate risk, basis risk, termination risk, credit risk, market-access risk, and other risks to the local governmental entity entering into qualified interest rate management agreements; (2) The local governmental entitys procedure for approving and executing qualified interest rate management agreements; (3) The local governmental entitys plan to monitor interest rate risk, basis risk, termination risk, credit risk, market-access risk, and other risks; (4) The local governmental entitys procedure for maintaining current records of all qualified interest rate management agreements that have been approved and executed; and (5) Such other provisions as may from time to time be required by the governing body of the local governmental entity, including but not limited to additional provisions due to changes in market conditions for qualified interest rate management agreements. (b) The local governmental entity shall conduct an annual review of its interest rate management plan as to the adequacy of the procedures set forth in such plan for the analysis and monitoring requirements set forth in subsection (a) of this Code section. A report summarizing the results of such review shall be submitted annually to the governing body of the local governmental entity. The requirements of this subsection shall not be construed as to require the review of any existing interest rate management plan by an independent financial adviser.
36-82-253. (a) Each qualified interest rate management agreement shall meet the following requirements:
(1) Subject to subsection (b) of this Code section, the maximum term, including any renewal periods, of any qualified interest rate management agreement may not exceed ten years unless such longer term has been approved by the governing body of the local governmental entity; provided, however, that in no case may the term of the qualified interest rate management agreement exceed the latest maturity date of the bonds, notes, or debt or lease or installment purchase contract referenced in the qualified interest rate management agreement; (2) The local governmental entity shall enter into a qualified interest rate management agreement only with a counterparty meeting the requirements set forth in paragraph (1) of Code Section 36-82-250; (3) Prior to the execution and delivery by the local governmental entity of any qualified interest rate management agreement, an interest rate management plan meeting the requirements of Code Section 36-82-252 must have been approved by the governing body of the local governmental entity and the governing body of the local

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governmental entity shall have been provided evidence that such qualified interest rate management agreement is in compliance with the existing interest rate management plan; (4) Any qualified interest rate management agreement shall be payable only in the currency of the United States of America; and (5) Unless otherwise approved by the governing body of the local governmental entity, the notional amount of any qualified interest rate management agreement shall not exceed the outstanding principal amount of the debt or the aggregate payments due under any lease or installment purchase contract to which such agreement relates. (b) A qualified interest rate management agreement may renew from calendar year to calendar year and may provide for the payment of any fee related to a termination or a nonrenewal, so long as the following requirements are satisfied: (1) Such qualified interest rate management agreement shall terminate absolutely 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; (2) Any such qualified interest rate management agreement may provide for automatic renewal unless positive action is taken by the local governmental entity to terminate such contract, or may provide for termination or renewal in some other manner not prohibited by law, which method of renewal or termination, in either case, shall be specified in the qualified interest rate management agreement; and (3) Such qualified interest rate management agreement shall include a statement of the total obligation of the local governmental entity for the calendar year of execution and, if renewed, for the calendar year of renewal. A qualified interest rate management agreement meeting the requirements of this subsection may also provide that the local governmental entitys obligations will terminate immediately and absolutely at such time as appropriated and other funds encumbered for payment by the local governmental entity pursuant to the terms of such qualified interest rate management agreement are no longer available to satisfy such obligations. The total obligation of the local governmental entity for the calendar year payable pursuant to a qualified interest rate management agreement may be stated in contingent but objective terms with respect to variable rate payments or termination payments, but in that event a qualified interest rate management agreement must provide that it will terminate immediately and absolutely at such time as appropriated and other funds encumbered for its payment are no longer available to satisfy the obligations of the local governmental entity under such agreement. A qualified interest rate management agreement executed under this subsection shall not be deemed to create a debt of the local governmental entity or otherwise obligate 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. (c)(1) Any qualified interest rate management agreement of a local governmental entity may provide that it is an unconditional, limited recourse obligation of such local governmental entity payable from a specified revenue source. (2) A local governmental entity may, in any qualified interest rate management

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agreement that constitutes a limited recourse obligation of the local governmental entity, pledge to the punctual payment of amounts due under the qualified interest rate management agreement revenues from a specified revenue source, which shall not include any taxes, including, without limitation, collateral derived from such revenue source or proceeds of the debt, including debt for future delivery, to which such qualified interest rate management agreement relates. (d) A qualified interest rate management agreement that constitutes a limited recourse obligation shall not be payable from or charged upon any funds other than the revenue identified as the source of payment thereof, nor shall the local governmental entity entering into the same be subject to any pecuniary liability thereon. No counterparty under any such qualified interest rate management agreement shall ever have the right to compel any exercise of the taxing power of the state or the local governmental entity to pay any amount due under any such qualified interest rate management agreement, nor to enforce payment thereof against any property of the state or local governmental entity, other than the specified revenue source; nor shall any such qualified interest rate management agreement constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the state or local governmental entity, other than the specified revenue source. Every such qualified interest rate management agreement shall contain a recital setting forth the substance of this subsection. (e) Any local governmental entity may enter into credit enhancement or liquidity agreements in connection with any qualified interest rate management agreement containing such terms and conditions as the governing body determines are necessary or desirable, provided that any such agreement has the same source of payment as the related qualified interest rate management agreement.
36-82-254. The local governmental entity that has entered into a qualified interest rate management agreement shall include in its annual financial statements information with respect to each qualified interest rate management agreement it has authorized or entered into, including any information required pursuant to any statement issued by the Governmental Accounting Standards Board.
36-82-255. When entering into any qualified interest rate management agreement authorized under this article, the agreement shall be governed by the laws of the State of Georgia, and jurisdiction over the local governmental entity in any matter concerning a qualified interest rate management agreement shall lie exclusively in the courts of the State of Georgia or in the applicable federal court having jurisdiction and located within the State of Georgia.
36-82-256. Any contract which has been duly authorized and executed by a local governmental entity before the effective date of this article shall not be rendered invalid or improper

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by the provisions of this article; provided, however, that this article shall apply to any renewal of such a contract after its effective date unless the contract permitted the renewal and set the terms of the renewal contract before January 1, 2005, in which case this article shall not apply to any such renewals."
SECTION 2. Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new article at the end of Chapter 17, relating to state debt, investment, and depositories, to be designated Article 5, to read as follows:
"ARTICLE 5
50-17-100. As used in this article, the term:
(1) 'Commission' means the Georgia State Financing and Investment Commission as defined in paragraph (1) of Code Section 50-17-21, as amended. (2) 'Counterparty' means the party entering into a qualified interest rate management agreement with the state party. A counterparty must be a bank, insurance company, or other financial institution duly qualified to do business in the state that either:
(A) Has, or whose obligations are guaranteed by an entity that has, at the time of entering into a qualified interest rate management agreement and for the entire term thereof, a long-term unsecured debt rating or financial strength rating in one of the top two ratings categories, without regard to any refinement or gradation of rating category by numerical modifier or otherwise, assigned by any two of the following: Moodys Investors Service, Inc., Standard & Poors Ratings Service, a division of The McGraw-Hill Companies, Inc., Fitch, Inc., or such other nationally recognized ratings service approved by the commission; or (B) Has collateralized its obligations under a qualified interest rate management agreement in a manner approved by the commission. (3) 'Debt' shall include all debt and revenue obligations that a state party is authorized to incur by law, including without limitation general obligation debt in the form of bonds or other obligations, guaranteed revenue debt in the form of bonds or other obligations, revenue bonds and other forms of revenue obligations, and all other debt or revenue undertakings, including, but not limited to, bonds, notes, warrants, certificates or other evidences of indebtedness, or other obligations for borrowed money issued or to be issued by any state party. 'Debt' includes any financing lease or installment purchase contracts of any state authority. (4) 'Independent financial adviser' means a person or entity experienced in the financial aspects and risks of qualified interest rate management agreements that is retained by the state party to render advice with respect to a qualified interest rate management agreement. The independent financial adviser may not be the counterparty or an affiliate or agent of the counterparty on a qualified interest rate

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management agreement with respect to which the independent financial adviser is advising the state party. (5) 'Interest rate management plan' means a written plan prepared or reviewed by an independent financial adviser with respect to qualified interest rate management agreements of the state party. (6) 'Lease or installment purchase contract' means multiyear lease, purchase, installment purchase, or lease purchase contracts within the meaning of Code Sections 50-5-64, 50-5-65, and 50-5-77 or substantially similar other or successor Code sections. (7) 'State party' means the state and any state authority. (8) 'Qualified interest rate management agreement' means an agreement, including a confirmation evidencing a transaction effected under a master agreement, entered into by the state party in accordance with, and fulfilling the requirements of, Code Section 50-17-101 which agreement in the judgment of the state party is designed to manage interest rate risk or interest cost of the state party on any debt or lease or installment purchase contract the state party is authorized to incur, including, but not limited to, interest rate swaps or exchange agreements, interest rate caps, collars, corridors, ceiling, floor, and lock agreements, forward agreements, swaptions, warrants, and other interest rate agreements which, in the judgment of the state party, will assist the state party in managing the interest rate risk or interest cost of the state or state authority. (9) 'State authority' means any state authority as defined in paragraph (9) of Code Section 50-17-21, as amended.
50-17-101. (a) The commission is authorized to and shall establish guidelines, rules, or regulations with respect to the procedures for approving interest rate management plans and with respect to any requirements for qualified interest rate management agreements. Such guidelines, rules, and regulations shall apply to the interest rate management plans and qualified interest rate management agreements of any state party. Such guidelines, rules, and regulations shall not constitute a rule within the meaning of Chapter 13 of this title, the 'Georgia Administrative Procedure Act,' including, without limitation, the term 'rule' as defined in paragraph (6) of Code Section 50-13-2 and used in Code Section 50-13-4. (b) With respect to all or any portion of any debt or any lease or installment purchase contract, either issued or anticipated to be issued by the state party, the state party may enter into, terminate, amend, or otherwise modify a qualified interest rate management agreement under such terms and conditions as the state party may determine, including, without limitation, provisions permitting the state party to pay to or receive from any counterparty any loss of benefits under such agreement upon early termination thereof or default under such agreement. (c) Payments received by a state party pursuant to the terms of a qualified interest rate management agreement shall not be deposited into the state general fund but shall be

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subject to disposition by the state party and applied in accord with the goals of managing interest rate risk and interest cost as set forth in the qualified interest rate management agreement, any authorizing document for the debt or the lease or installment purchase contract to which such qualified interest rate management agreement relates, or such state partys interest rate management plan.
(d)(1) With respect to any qualified interest rate management agreement related to all or any portion of debt of a state party, the obligations of the state party contained in such qualified interest rate management agreement may be incurred as related or additional obligations of such debt and approved in the same manner as required for authorizing, approving, and issuing such debt to the extent not otherwise prohibited, limited, or impractical and consistent with any tax-exempt status of the related debt. If this power is exercised with respect to state debt, the obligations to pay a counterparty shall be subordinate to the obligations to pay holders of general obligation debt, guaranteed revenue debt, and all payments required under contracts entitled to the protection of the second paragraph of Paragraph I(a), Section VI, Article IX of the Constitution of 1976. (2) When the obligations of the state party are not incurred as related or additional obligations pursuant to paragraph (1) of this subsection and the qualified interest rate management agreement relates to debt of a state authority, the qualified interest rate management agreement shall be on such terms and conditions as the state party and counterparty agree consistent with provisions of this article. (3) When the obligations of the state party are not incurred as related or additional obligations pursuant to paragraph (1) of this subsection and the qualified interest rate management agreement relates to debt of the state or to a lease or installment purchase contract, the obligations of the state party contained in such qualified interest rate management agreement may renew from fiscal year to fiscal year and may provide for the payment of any fee related to a termination or a nonrenewal, so long as the following requirements are satisfied:
(A) Such qualified interest rate management agreement shall terminate absolutely at the close of the fiscal year in which it was executed and at the close of each succeeding fiscal year for which it may be renewed; (B) Any renewal of such qualified interest rate management agreement shall require positive action taken by the state party or in such other manner not otherwise prohibited by law which method of renewal and termination, in either case, shall be specified in the qualified interest rate management agreement; and (C) Such qualified interest rate management agreement shall include a statement of the total obligation of the state party for the fiscal year of execution and, if renewed, for the fiscal year of renewal. A qualified interest rate management agreement meeting the requirements of this paragraph may also provide that the states obligations will terminate immediately and absolutely at such time as appropriated and other funds encumbered for payment by the state pursuant to the terms of such qualified interest rate management agreement are no longer available to satisfy such obligations. The total obligation of

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the state for the fiscal year payable pursuant to a qualified interest rate management agreement may be stated in contingent but objective terms with respect to variable rate payments or termination payments, but in that event a qualified interest rate management agreement must provide that it will terminate immediately and absolutely at such time as appropriated and other funds encumbered for its payment are no longer available to satisfy the obligations of the state under such agreement. A qualified interest rate management agreement executed under this paragraph shall not be deemed to create a debt of the state or otherwise obligate the payment of any sum beyond the fiscal year of execution or, in the event of a renewal, beyond the fiscal year of such renewal. When a qualified interest rate management agreement is executed under this paragraph or paragraph (1) of this subsection, the obligation of the state may be treated as an operating expense of the commission within the meaning of Paragraph VII of Section IV of Article VII of the Constitution and within the meaning of paragraph (2) of subsection (g) of Code Section 50-17-22 and of subsection (b) of Code Section 50-17-27. (e)(1) The obligations of a state party to pay a counterparty under a qualified interest rate management agreement with respect to debt may be paid from any lawful source, to the extent not otherwise prohibited, limited, or impractical and consistent with any tax exempt status of the related debt and in compliance with the Budget Act, including without limitation, as to the state, proceeds of general obligation debt, earnings on investments of proceeds of general obligation debt, appropriations of state and federal funds, and agency funds; and, as to any state authority, any funds of such state authority to the extent not otherwise prohibited, limited, or impractical and consistent with any tax exempt status of the related debt. (2) The obligations of a state party to pay a counterparty under a qualified interest rate management agreement with respect to a lease or installment purchase contract may be paid from any lawful source, to the extent not otherwise prohibited, limited, or impractical and consistent with any tax-exempt status of the related lease or installment purchase agreement and in compliance with the Budget Act, including without limitation appropriations of state and federal funds and agency funds. (f)(1) With respect to obligations of a state authority to pay a counterparty, any qualified interest rate management agreement of a state authority may provide that it is an unconditional, limited recourse obligation of such state authority payable from a specified revenue source. (2) A state authority may, in any qualified interest rate management agreement that constitutes a limited recourse obligation of the state authority, pledge to the punctual payment of amounts due under the qualified interest rate management agreement revenues from a specified revenue source, which shall not include any taxes, including without limitation collateral derived from such revenue source or proceeds of the debt, including debt for future delivery, to which such qualified interest rate management agreement relates. (3) A qualified interest rate management agreement that constitutes a limited recourse obligation shall not be payable from or charged upon any funds other than the revenue

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identified as the source of payment thereof, nor shall the state authority entering into the same be subject to any pecuniary liability thereon. No counterparty under any such qualified interest rate management agreement shall ever have the right to compel any exercise of the taxing power of the state or the state authority to pay any amount due under any such qualified interest rate management agreement, nor to enforce payment thereof against any property of the state or state authority, other than the specified revenue source; nor shall any such qualified interest rate management agreement constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the state or state authority, other than the specified revenue source. Every such qualified interest rate management agreement shall contain a recital setting forth the substance of this paragraph. (g)(1) The commission shall act for the state with respect to debt of the state and a qualified interest rate management agreement. However, upon authorization of the Governor, the Office of Treasury and Fiscal Services shall act as fiscal agent or provide other administrative services. (2) A state authority shall act for itself with respect to an interest rate management plan, a qualified interest rate management agreement, and an independent financial advisor regarding the debt of the state authority subject, however, to the guidelines, rules, and regulations of the commission under subsection (a) of this Code section. Further, the interest rate management plan, a qualified interest rate management agreement, and retention of an independent financial advisor will be treated as financial advisory matters within the exclusive authority and jurisdiction of the commission under paragraph (1) of subsection (f) of Code Section 50-17-22 and will require specific commission approval, unless the commission otherwise directs in either the specific case or in general terms. Upon authorization of the Governor, the Office of Treasury and Fiscal Services shall act as fiscal agent or provide other administrative services for a qualified interest rate management agreement of the state authority. (3) The agency responsible for payment shall act for the state with respect to a lease or installment purchase contract but only under the supervision and approval of the commission. Upon authorization of the Governor, the Office of Treasury and Fiscal Services shall act as fiscal agent or provide other administrative services.
50-17-102. (a) Prior to executing and delivering a qualified interest rate management agreement, the state party shall have adopted an interest rate management plan that includes:
(1) An analysis of the interest rate risk, basis risk, termination risk, credit risk, market-access risk, and other risks to the state party entering into qualified interest rate management agreements; (2) The state partys procedure for approving and executing qualified interest rate management agreements; (3) The state partys plan to monitor interest rate risk, basis risk, termination risk, credit risk, market-access risk, and other risks; and

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(4) Such other provisions as may from time to time be required by the commission, including but not limited to additional provisions due to changes in market conditions for qualified interest rate management agreements. Any interest rate management plan adopted by the state shall be approved by the commission or by a designated officer of the commission and shall have been reviewed by an independent financial adviser approved by the commission. (b) The state party shall conduct an annual review of its interest rate management plan as to the adequacy of the procedures set forth in such plan for the analysis and monitoring requirements set forth in subsection (a) of this Code section. A report summarizing the results of such review shall be submitted annually to the commission and, with respect to any interest rate management plan of a state authority, to the governing body of such state authority. The requirements of this subsection shall not be construed as to require the review of any existing interest rate management plan by an independent financial adviser.
50-17-103. (a) Each qualified interest rate management agreement shall meet the following requirements:
(1) The maximum term, including any renewal periods, of any qualified interest rate management agreement of the state may not exceed ten years unless such longer term has been approved by the commission. In addition to approval of the commission required by paragraph (2) of subsection (g) of Code Section 50-17-101, the maximum term, including any renewal periods, of any qualified interest rate management agreement of a state authority may not exceed ten years unless such longer term has been approved by the governing body of the state authority. The foregoing provisions of this paragraph notwithstanding, in no case may the term of the qualified interest rate management agreement exceed the latest maturity date of the bonds, notes, debt, or lease or installment purchase contract referenced in the qualified interest rate management agreement. (2) The state party shall enter into a qualified interest rate management agreement only with a counterparty meeting the requirements set forth in paragraph (2) of Code Section 50-17-100. (3) Prior to the execution and delivery by the state of any qualified interest rate management agreement, an interest rate management plan meeting the requirements of Code Section 50-17-102 must have been submitted to the commission and the commission shall have been provided evidence that such qualified interest rate management agreement is in compliance with the existing interest rate management plan. Prior to the execution and delivery by a state authority of any qualified interest rate management agreement, an interest rate management plan meeting the requirements of Code Section 50-17-102 must have been submitted to the governing body of the state authority and the governing body of the state authority shall have been provided evidence that such qualified interest rate management agreement is in compliance with the existing interest rate management plan.

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(4) Any qualified interest rate management agreement shall be payable only in the currency of the United States of America. (5) The notional amount of any qualified interest rate management agreement shall not exceed the outstanding principal amount of the debt or the aggregate payments due under any lease or installment purchase contract to which such agreement relates unless otherwise approved in writing by the commission for any qualified interest rate management agreement executed by the state or by the governing body of the state authority for any qualified interest rate management agreement executed by a state authority, subject to the approval of the commission required by paragraph (2) of subsection (g) of Code Section 50-17-101. (b) Any state party may enter into credit enhancement or liquidity agreements in connection with any qualified interest rate management agreement containing such terms and conditions as the state party determines are necessary or desirable, provided that any such agreement has the same source of payment as the related qualified interest rate management agreement.
50-17-104. The state party that has entered into a qualified interest rate management agreement shall include in its annual financial statements information with respect to each qualified interest rate management agreement it has authorized or entered into, including any information required by any accounting or regulatory standard to which the state party is subject.
50-17-105. When entering into any qualified interest rate management agreement authorized under this article, the agreement shall be governed by the laws of the State of Georgia, and jurisdiction over the state party in any matter concerning a qualified interest rate management agreement shall lie exclusively in the courts of the State of Georgia or in the applicable federal court having jurisdiction and located within the State of Georgia."
SECTION 3. Said title is further amended by striking paragraph (2) of subsection (g) of Code Section 50-17-22, relating to the Georgia State Financing and Investment Commission, and inserting in its place a new paragraph (2) to read as follows:
"(2) The executive secretary shall prepare, under the direction and supervision of the commission, any budgets, requests, estimates, records, or other documents deemed necessary or efficient for compliance with Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' to provide for the payment of personnel services, operating expense, and administration and otherwise carry out this article, provided that it is expressly declared by the General Assembly that this subsection is only intended to provide that the. The commission shall may but need not receive an appropriation for personnel, and administrative services, and other operating expenses of the commission. The commission may but need not receive an appropriation for the costs

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of issuance, validation, and delivery of obligations to be incurred, including, but not limited to, trustees fees, paying agent fees, printing fees, bond counsel fees, district attorney fees, clerk of the superior court fees, architect fees, and engineering fees, which costs and fees are dependent on the principal amount of the obligations incurred and are determined to be appropriate costs of the project or projects for which such obligations are incurred and are authorized to be paid from bond proceeds. The commission may but need not receive an appropriation for expenditures made for fees and expenses incurred in safeguarding and protecting public health, life, and property in connection with projects for which general obligation debt has been incurred."

SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Representative O`Neal of the 146th moved that the House adopt the report of the Committee of Conference on SB 227.

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

Y Abdul-Salaam E 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 Y Brown
Bruce Y Bryant Y 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
Dodson Y 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

Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson
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 Lane, R Y Lewis

Y Maxwell Y May Y McCall
McClinton Y Meadows
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 Y Parrish Y Parsons Y Porter Y Powell Y Ralston

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

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

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

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

On the motion, the ayes were 143, nays 5.

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

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

The motion prevailed.

Representative Jenkins of the 8th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:

Mr. Speaker:

The Senate adheres to its substitutes and has appointed a Committee of Conference on the following bills of the House:

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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Hamrick of the 30th, Mullis of the 53rd, and Hill of the 4th.

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;

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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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Hamrick of the 30th, Kemp of the 46th, and Carter of the 13th.

The following Bills of the House and Senate were taken up for the purpose of considering the reports of the Committees of Conference thereon:

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 230

The Committee of Conference on SB 230 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 230 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Hamrick Senator, 30th District

/s/ Mumford Representative, 95th District

/s/ Mullis Senator, 53rd District

/s/ Ralston Representative, 7th District

/s/ Grant Senator, 25th District

/s/ Keen Representative, 179th District

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A BILL
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 legislative findings; to provide definitions; to require information brokers 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding a new Article 34 to read as follows:
"ARTICLE 34
10-1-910. The General Assembly finds and declares as follows:
(1) The privacy and financial security of individuals is increasingly at risk due to the ever more widespread collection of personal information by both the private and public sectors; (2) Credit card transactions, magazine subscriptions, real estate records, automobile registrations, consumer surveys, warranty registrations, credit reports, and Internet websites are all sources of personal information and form the source material for identity thieves; (3) Identity theft is one of the fastest growing crimes committed in this state. Criminals who steal personal information such as social security numbers use the information to open credit card accounts, write bad checks, buy cars, purchase property, and commit other financial crimes with other peoples identities; (4) Implementation of technology security plans and security software as part of an information security policy may provide protection to consumers and the general public from identity thieves; (5) Information brokers should clearly define the standards for authorized users of its data so that a breach by an unauthorized user is easily identifiable; (6) Identity theft is costly to the marketplace and to consumers; and (7) Victims of identity theft must act quickly to minimize the damage; therefore, expeditious notification of unauthorized acquisition and possible misuse of a persons personal information is imperative.
10-1-911. As used in this article, the term:
(1) 'Breach of the security of the system' means unauthorized acquisition of an individuals computerized data that compromises the security, confidentiality, or

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integrity of personal information of such individual maintained by an information broker. Good faith acquisition of personal information by an employee or agent of an information broker for the purposes of such information broker is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure. (2) 'Information broker' means any person or entity who, for monetary fees or dues, engages in whole or in part in the business of collecting, assembling, evaluating, compiling, reporting, transmitting, transferring, or communicating information concerning individuals for the primary purpose of furnishing personal information to nonaffiliated third parties, but does not include any governmental agency whose records are maintained primarily for traffic safety, law enforcement, or licensing purposes. (3) 'Notice' means:
(A) Written notice; (B) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 of the United States Code; or (C) Substitute notice, if the information broker demonstrates that the cost of providing notice would exceed $250,000.00, that the affected class of individuals to be notified exceeds 500,000, or that the information broker does not have sufficient contact information to provide written or electronic notice to such individuals. Substitute notice shall consist of all of the following:
(i) E-mail notice, if the information broker has an e-mail address for the individuals to be notified; (ii) Conspicuous posting of the notice on the information brokers website page, if the information broker maintains one; and (iii) Notification to major state-wide media. Notwithstanding any provision of this paragraph to the contrary, an information broker that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this article shall be deemed to be in compliance with the notification requirements of this article if it notifies the individuals who are the subjects of the notice in accordance with its policies in the event of a breach of the security of the system. (4) 'Person' means any individual, partnership, corporation, limited liability company, trust, estate, cooperative, association, or other entity. The term 'person' as used in this article shall not be construed to require duplicative reporting by any individual, corporation, trust, estate, cooperative, association, or other entity involved in the same transaction. (5) 'Personal information' means an individuals first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted or redacted: (A) Social security number;

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(B) Drivers license number or state identification card number; (C) Account number, credit card number, or debit card number, if circumstances exist wherein such a number could be used without additional identifying information, access codes, or passwords; (D) Account passwords or personal identification numbers or other access codes; or (E) Any of the items contained in subparagraphs (A) through (D) of this paragraph when not in connection with the individuals first name or first initial and last name, if the information compromised would be sufficient to perform or attempt to perform identity theft against the person whose information was compromised. The term 'personal information' does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.
10-1-912. (a) Any information broker that maintains computerized data that includes personal information of individuals shall give notice of any breach of the security of the system following discovery or notification of the breach in 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. The notice shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subsection (c) of this Code section, or with any measures necessary to determine the scope of the breach and restore the reasonable integrity, security, and confidentiality of the data system. (b) Any person or business that maintains computerized data on behalf of an information broker that includes personal information of individuals that the person or business does not own shall notify the information broker of any breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. (c) The notification required by this Code section may be delayed if a law enforcement agency determines that the notification will compromise a criminal investigation. The notification required by this Code section shall be made after the law enforcement agency determines that it will not compromise the investigation. (d) In the event that an information broker discovers circumstances requiring notification pursuant to this Code section of more than 10,000 residents of this state at one time, the information broker shall also notify, without unreasonable delay, all consumer reporting agencies that compile and maintain files on consumers on a nationwide basis, as defined by 15 U.S.C. Section 1681a, of the timing, distribution, and content of the notices."
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.

Representative Ralston of the 7th moved that the House adopt the report of the Committee of Conference on SB 230.

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

Y Abdul-Salaam E Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague
Benfield Y Benton Y Black Y Bordeaux Y Borders
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
Dean Y Dickson
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 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 Y Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin

On the motion, the ayes were 150, nays 0.

Y Maxwell Y May Y McCall
McClinton Y Meadows
Millar Y Miller Y Mills
Mitchell Morgan Morris Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver 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 E 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 Y Sinkfield E Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T E Smith, V
Smyre Y Stanley-Turner Y Stephens
Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker
Warren Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Richardson, Speaker

The motion prevailed.

HB 106. By Representative Barnard of the 166th:

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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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 106

The Committee of Conference on HB 106 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 106 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Bill Hamrick Senator, 30th District

/s/ Terry Barnard Representative, 166th District

/s/ Jeff Mullis Senator, 53rd District

/s/ Jim Cole Representative, 125th District

/s/ Judson Hill Senator, 4th District

/s/ Clay Cox Representative, 102nd District

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. 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.

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(a) As used in this Code section, the term: (.1) 'Address' means the street or route address of the persons residence. For purposes of this Code section, the term does not mean a post office box. (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; (v) Use of a minor in a sexual performance; (vi) Solicitation of a minor to practice prostitution; or

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(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 and any person that the offender believed at the time of the offense was under the age of 18 years if such person was the victim of an offense. (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 (vi) Require the person to read and sign a form stating that the duty of the person

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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.

Representative Barnard of the 166th moved that the House adopt the report of the Committee of Conference on HB 106.

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

Y Abdul-Salaam E Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague
Benfield Y Benton Y Black
Bordeaux Y Borders
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 Crawford Y Cummings Y Davis
Day Dean Y Dickson Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England 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 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
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
Morgan Y Morris
Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal Y Oliver
O'Neal Y Orrock
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 Y Sheldon Y Sims, C Y Sims, F Y Sinkfield E 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 Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker
Warren

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

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

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

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

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

On the motion, the ayes were 146, nays 0.

The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:

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 Senate amendments were read:

Senate Amendment #1

The Senate moves to amend HB 221 by inserting after "require." on line 37 on page 28 the following: "Where a custodial parent prevails in an upward modification of child support based upon the noncustodial parents failure to be available and willing to exercise visitation as scheduled under the prior order, reasonable and necessary attorneys fees and expenses of litigation shall be awarded to the custodial parent."

Senate Amendment #2

The Senate moves to amend HB 221 by striking "March 1, 2006" on line 33 on page 35 and inserting in lieu thereof "July 1, 2006".

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Representative Ehrhart of the 36th moved that the House agree to the Senate amendments to HB 221.

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

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

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

N Holmes Y Holt Y Horne N Houston N Howard Y Hudson N Hugley
Jackson N Jacobs N James N Jamieson Y Jenkins Y Jennings Y 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 Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox Mangham Manning Marin Y Martin

On the motion, the ayes were 104, nays 41.

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

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

The motion prevailed.

Representative McClinton of the 84th 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.

The Speaker assumed the Chair.

THURSDAY, MARCH 31, 2005

4397

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference 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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 254

The Committee of Conference on HB 254 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 254 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Bill Hamrick Senator, 30th District

/s/ Tom Knox Representative, 24th District

/s/ Brian Kemp Senator, 46th District

/s/ Wendell Willard Representative, 49th District

/s/ Joseph Carter Senator, 13th District

/s/ Earl Ehrhart Representative, 36th District

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A BILL
To amend Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to courts, so as to establish certain court divisions and create an alternative system for storing copies of records for courts; 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 the destruction of the original copies of such documents; to provide for the payment of costs and expenses; to provide for exceptions; to provide for the alternative nature of the authority granted by this method of records management; to authorize the establishment of drug 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 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 jurisdiction, authority, powers, and duties of the family court division; to provide for expenses; to provide for reports; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking Code Section 15-1-10, relating to removal of court records and storage thereof, and inserting in its place the following:
"15-1-10.

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(a) No records or papers of any court shall be removed out of the county, except in cases of invasion whereby the same may be endangered, or by order of the court, or as otherwise provided in this Code section. (b) Notwithstanding any other provision of this Code section, such records may be stored in accordance with the provisions of subsection (b) of Code Section 15-6-86 or subsection (c) of this Code section. (c) With the prior written consent of the governing authority of the county or municipality and the prior written consent of the chief judge, judge of the probate court, or chief magistrate of the affected court, the clerk of each superior court, state court, probate court, magistrate court, juvenile court, or municipal court in this state is authorized, but not required, to create and maintain digital copies of records, pleadings, orders, writs, process, and other documents submitted to or issued by the court in criminal, quasi-criminal, juvenile, or civil proceedings or in any proceedings involving the enforcement of ordinances of local governments. All digital copies created pursuant to this subsection shall be accurate copies of the original documents and shall be stored and indexed in such manner as to be readily retrievable in the office of the clerk during normal business hours. It shall be the duty of the clerk to provide and maintain software and computers, readers, printers, and other necessary equipment in sufficient numbers to permit the retrieval, duplication, and printing of such digitally stored documents in a timely fashion when copies are requested. A copy of such digitally stored document retrieved by the clerk shall be admissible in all courts in the same manner as the original document. If a backup copy is created pursuant to the process prescribed by subsections (b), (c), and (d) of Code Section 15-6-62, the clerk is authorized to destroy the original document. This subsection shall not apply to documents or records which have been ordered sealed by the court nor to documents which are placed in evidence in a proceeding. The costs of creating and storing digital copies of documents and providing the necessary software and equipment to retrieve and reproduce such documents shall be paid from funds available for the operation of the court. The provisions of this subsection shall constitute an additional and alternative method of records management and shall not supersede or repeal Code Section 15-6-62, 15-662.1, 15-6-86, or 15-6-87."
SECTION 2. Said title is further 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, addiction, dependency, sale, possession, delivery, distribution, purchase, or manufacture of a controlled substance,

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noncontrolled substance, dangerous drug, other drug, or is ancillary to such conduct and the defendant meets the eligibility criteria for the drug court division, 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 establish a planning group to develop a work plan. The planning group shall include the judges, prosecuting attorneys, public defenders, probation officers, and persons having expertise in the field of substance abuse. The work plan shall address the operational, coordination, resource, information management, and evaluation needs of the drug court division. The work plan shall include eligibility criteria for the drug court division. The drug court division shall combine judicial supervision, treatment of drug court division participants, and drug testing. (4) The Judicial Council of Georgia shall adopt standards for the drug court divisions. Each drug court division shall adopt standards that are consistent with the standards of the Judicial Council of Georgia. The standards are to serve as a flexible framework for developing effective drug court divisions and to provide a structure for conducting research and evaluation for program accountability. The standards are not intended to be a certification or regulatory checklist. (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 division may request 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 division may enter into agreements with other courts and agencies for the assignment of personnel from other courts and agencies to the drug court division. (9) Expenses for salaries, equipment, services, and supplies incurred in implementing this Code section may be paid from state funds, funds of the county or political subdivision implementing such drug court division, federal grant funds, and funds from private donations. (b)(1) Each drug court division shall establish criteria which define the successful completion of the drug court division program. (2) If the drug court division participant successfully completes the drug court division program prior to the entry of judgment, the case against the drug court division participant may be dismissed by the prosecuting attorney. (3) If the drug court division participant successfully completes the drug court division program as part of a sentence imposed by the court, the sentence of the drug

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court division participant may be reduced or modified. (4) 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) Nothing contained in this Code section shall be construed to permit a judge to impose, modify, or reduce a sentence below the minimum sentence required by law. (e) 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. (f) 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. (g) 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 3. Said title is further amended by inserting a new chapter, to be designated as Chapter 11A, to read as follows:
"CHAPTER 11A
15-11A-1. There is hereby authorized a Family Court Division of the Superior Court of Fulton County in the Atlanta Judicial Circuit as a pilot project pursuant to authority granted by Article VI, Section I, Paragraph X of the Georgia Constitution.
15-11A-2. The Family Court Division of the Superior Court of Fulton County, sometimes referred

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to in this chapter as the family court division and the superior court, respectively, shall exist as a pilot project of limited duration until July 1, 2010, and shall have the powers, rules of practice and procedure, and selection, qualifications, and terms of judges of the superior court and as duly adopted by the superior court for the family court division.
15-11A-3. (a) The chief judge of the superior court shall designate one or more judges of the superior court to sit as judges of the family court division for terms of up to three years and shall designate successors for terms of up to three years. In addition, the chief judge of the superior court may designate one or more judges of the superior court to sit as judges of the family court division on a standby basis for terms of up to three years. (b) The chief judge of the superior court may require the family court division judges to complete a planned program of instruction in family law, psychology, family dynamics, child development, nonadversarial techniques, and working with diverse populations.
15-11A-4. (a) The district attorney of the Atlanta Judicial Circuit is authorized to designate one or more assistant district attorneys to serve in the family court division. (b) The public defender of the Atlanta Judicial Circuit is authorized to designate one or more assistant public defenders to serve in the family court division. (c) The clerk of the superior court or such clerks designee shall serve as the clerk of the family court division. (d) The chief judge of the Atlanta Judicial Circuit shall designate probation officers and other employees of the Atlanta Judicial Circuit to perform duties for the family court division. Such employees shall perform duties as directed by the judges of the family court division. (e) The chief judge of the Atlanta Judicial Circuit may enter into agreements with other courts and agencies for the assignment of personnel from other courts or agencies to the Family Court Division of the Superior Court of Fulton County. (f) The Attorney General of Georgia may appoint attorneys to represent the Department of Human Resources in the Family Court Division of the Superior Court of Fulton County.
15-11A-5. (a) The family court division shall have the jurisdiction of the superior court and as provided in this Code Section. (b) When a petition or case is filed in the superior court relating to divorce or where issues affecting children are involved, including, but not limited to, child support, child custody, visitation, child abuse, child molestation, domestic violence, legitimacy, paternity, adoption, abandonment, or contempt or modification relative to such cases, the chief judge of the superior court or an intake case manager designated by such chief judge may assign the case to the family court division. The Superior Court of Fulton

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County, State Court of Fulton County, Juvenile Court of Fulton County, Probate Court of Fulton County, Magistrate Court of Fulton County, and City of Atlanta Municipal Court are authorized to transfer ancillary cases related to the same family to the family court division. Such ancillary cases shall include but not be limited to any cases involving deprivation, delinquency involving behavioral issues, truancy, unruliness, abandonment, neglect, or termination of parental rights cases pending in the Juvenile Court of Fulton County; cases involving domestic violence, abandonment, or child support enforcement cases pending in the State Court of Fulton County; adult or minor guardianship cases pending in the Probate Court of Fulton County; or domestic violence cases pending in the Magistrate Court of Fulton County or City of Atlanta Municipal Court. In addition, any child support enforcement case from the jurisdiction of the State of Georgia shall be considered an ancillary case subject to transfer to the family court division. Whenever a dispute arises between the family court division and another court in Fulton County as to whether a case is an ancillary case which should be transferred to the family court division, such case may be transferred to the family court division pursuant to an order for transfer issued by the chief judge of the Atlanta Judicial Circuit. (c) The judges of the family court division shall have the same authority, powers, and duties in the consideration and disposition of cases in the family court division as any judge of the Superior Court of Fulton County, State Court of Fulton County, Juvenile Court of Fulton County, Probate Court of Fulton County, Magistrate Court of Fulton County, or City of Atlanta Municipal Court.
15-11A-6. Expenses for salaries, equipment, and supplies incurred in implementing this chapter shall be paid from state funds appropriated for such purpose and from the funds of Fulton County.
15-11A-7. The Administrative Office of the Courts shall report annually regarding the activities of the Family Court Division of the Superior Court of Fulton County to the chief judge of the Atlanta Judicial Circuit, the Chief Justice of the Georgia Supreme Court, the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the Judiciary Committees of the House of Representatives and the Senate. The Administrative Office of the Courts shall prepare for the same judicial officers and elected officials a comprehensive report within 180 days following July 1, 2005, and within 180 days following July 1, 2009.
15-11A-8. This chapter shall become effective upon signature of the Governor or upon becoming law without his signature.
15-11A-9.

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This chapter shall be repealed in its entirety on July 1, 2010."

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

Representative Knox of the 24th moved that the House adopt the report of the Committee of Conference on HB 254.

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

Y Abdul-Salaam E Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague
Benfield Y Benton
Black Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown
Bruce 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
Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England
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 Heckstall Y Hembree
Henson Hill, C Y Hill, C.A

Y Holmes Y Holt Y Horne Y Houston
Howard Y Hudson Y Hugley
Jackson Y Jacobs
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
Lord Y Loudermilk
Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin

On the motion, the ayes were 146, nays 0.

Y Maxwell Y May Y McCall
McClinton Y Meadows
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 Y Parrish Y Parsons Y Porter Y Powell Y Ralston
Randall Y Ray Y Reece, B
Reece, S Y Reese Y Rice Y Roberts E 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 E 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 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 Y Yates
Richardson, Speaker

The motion prevailed.

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4405

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 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 Senate has adopted the report of the Committee of Conference on the following bill of the House:
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 Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
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:

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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 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.
The Senate has agreed to the House amendment to the Senate substitute to the following bill of the House:
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 Resolution of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

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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 following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SR 88

The Committee of Conference on SR 88 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SR 88 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Vincent Fort Senator, 39th District

/s/ Calvin Hill Representative, 21st District

/s/ Horacena Tate Senator, 38th District

/s/ Mike Keown Representative, 173rd District

/s/ Johnny Grant Senator, 25th District

/s/ Doug Holt Representative, 112th District

A RESOLUTION

Creating the Henry McNeal Turner Tribute Commission and authorizing the placement of a statue on the grounds of the state capitol building; creating the Joint Commission for Recognition of Public Servants; and for other purposes.

WHEREAS, Henry McNeal Turner was born near Abbeville, South Carolina, in 1834 and was ordained to preach in 1853; and

WHEREAS, during the Civil War, he became the first African American to hold the position of chaplain in the U.S. Army, and after the war he was active in Georgia state politics and he served in the General Assembly; and

WHEREAS, when African Americans were expelled from the General Assembly in

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1868, he delivered a rousing oratory in protest of their treatment; and
WHEREAS, he became the 12th A.M.E. Bishop in 1880, and for 12 years he served as chancellor of Morris Brown College, now Morris Brown University, and he donated land in Atlanta for the construction of a school for African American children; and
WHEREAS, it is only right that this great man in Georgia history be recognized.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) There is created the Henry McNeal Turner Tribute Commission to be composed of 11 members selected as follows:
(1) Two members appointed by the Governor, with a chairperson and vice chairperson to be designated by the Governor from among these members; (2) Two members appointed by the President of the Senate; (3) One member appointed by the Georgia Senate Committee on Assignments and one member each to be appointed by the Georgia Senate Majority and Minority Leaders; and (4) Two members appointed by the Speaker of the Georgia House of Representatives and one member each to be appointed by the Majority and Minority Leaders of the Georgia House of Representatives. (b) Membership on the commission shall not constitute the holding of a public office and the members of the commission shall serve without compensation. (c) The commission shall exist for an indefinite term as may be necessary to complete its work and shall be dissolved by resolution of the commission upon completion of its work.
SECTION 2. The commission is authorized to:
(1) Provide for the commissioning of a statue of Henry McNeal Turner, the same to be accomplished solely through voluntary contributions to the commission or such fund or funds as it may establish or designate for such purpose; (2) Provide for the selection and design of an appropriate placement for such statue on or adjacent to the grounds of the Georgia state capitol building, provided that the site selected and the design of the placement shall be approved by the State Properties Commission; (3) Solicit and accept gifts, donations, and grants in furtherance of its purposes; and (4) Work cooperatively with any private group, organization, association, or corporation having the same general purpose as the commission.
SECTION 3.

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Upon completion of the commissions work, the Governor shall be authorized to accept and provide for the dedication of a statue of Henry McNeal Turner to be placed on or adjacent to the grounds of the state capitol building.
SECTION 4. The effectiveness of the provisions of Sections 1, 2, and 3 of this resolution shall be contingent upon the positive findings relative thereto of the Joint Commission for the Recognition of Public Servants as created under Section 5 of this resolution.
SECTION 5. (a) The General Assembly finds that:
(1) Over the years the General Assembly has recognized distinguished and deserving public servants through various means, including the commissioning and placement of statues and paintings; and (2) To date there has not been a consensus as to the best way to honor such persons, and the result has been inconsistent and diverse honors and memorials; and (3) The public would be well served if a commission were established to oversee the process of honoring our states leaders and heroes in a predictable and dignified way so the public, and in particular our youth, can both remember those so honored and learn and take inspiration from their achievements, contributions, and sacrifices; and (b) There is created the Joint Commission for the Recognition of Public Servants to be composed of eight members as follows: one member appointed by the Governor, whose appointee shall be the chairperson; the director of the Georgia Capitol Museum; the director of the Georgia Building Authority; and the director of the Georgia Council for the Arts; additionally, two members shall be appointed by the Speaker of the House of Representatives, and two members shall be appointed by the Senate Committee on Assignments, with one member from each designated as co-vice chairperson. The commission shall undertake a study of the need for a permanent commission to establish methods for honoring distinguished and deserving public servants and shall make recommendations to that end. The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the commission shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than six days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives and Senate. The commission shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, to the Governor, the Speaker of the House of Representatives, and the Senate Committee on Assignments on or before December 1, 2005. The commission shall stand abolished on December 1, 2005.
Representative Hill of the 21st moved that the House adopt the report of the

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Committee of Conference on SR 88.

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

Y Abdul-Salaam E 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 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 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
Dodson Y 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
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 Y Hill, C Y Hill, C.A

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

On the motion, the ayes were 146, nays 0.

Y Maxwell Y May Y McCall Y 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 Y Parrish Y Parsons Y Porter Y Powell
Ralston Randall Y Ray Y Reece, B Reece, S Y Reese Rice Roberts E 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 Y Sinkfield E 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 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

The motion prevailed.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

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:

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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 Senate substitute was read:
A BILL
To amend Chapter 29A of Title 33 of the Official Code of Georgia Annotated, relating to individual health insurance coverage availability and assignment systems, so as to create the Commission on the Georgia Health Insurance Risk Pool; to provide for its membership, duties, and functions; 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 29A of Title 33 of the Official Code of Georgia Annotated, relating to individual health insurance coverage availability and assignment systems, is amended by designating the existing text as Article 1 and adding a new Article 2 to read as follows:
"ARTICLE 2
33-29A-20. (a) As used in this article, the term:
(1) 'Commission' means the Commission on the Georgia Health Insurance Risk Pool. (2) 'Commissioner' means the Commissioner of Insurance. (3) 'Eligible individual' has 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. (4) 'Dependent' means a spouse or unmarried child under 18 years of age residing with the eligible individual or a child who is a full-time student according to paragraph (3) of subsection (a) of Code Section 33-29-2 or paragraph (4) of Code Section 33-30-4.

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(5) 'Insured' means a resident who is eligible to receive benefits from the pool. (6) 'Insurer means any entity authorized to write health insurance in this state. (7) 'Pool' means the Georgia Health Insurance Risk Pool. (8) 'Resident' means an individual who has legally domiciled in Georgia for a minimum of 90 days; who is legally domiciled in Georgia and 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 is eligible for federal Health Coverage Tax Credits. (b) Any other term which is used in this article 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 article shall have the same meaning specified in said Section 2791.
33-29A-21. (a) There is created the Commission on the Georgia Health Insurance Risk Pool, consisting of seven members appointed as provided in this Code section, to conduct a feasibility study and provide recommendations for establishment of the Georgia Health Insurance Risk Pool as an acceptable alternative mechanism, as contemplated by Section 2741 of the federal Public Health Service Act, 42 U.S.C.A. Section 300gg-41, for coverage for uninsurable individuals and persons eligible for federal Health Coverage Tax Credits. The commission shall exist for such time as needed to carry out its duties and powers, but not beyond June 30, 2006. (b) The Governor shall appoint one citizen of this state who is familiar with health insurance matters to serve as chairperson who shall not vote except to break a tie. The chairperson shall serve at the pleasure of the Governor. (c) The Senate Committee on Assignments shall appoint two members of the Senate and one citizen of this state who is familiar with health insurance matters to the commission. (d) The Speaker of the House of Representatives shall appoint two members of the House of Representatives and one citizen of this state who is familiar with health insurance matters to the commission. (e) The commission shall hold meetings at the call of the chairperson. A quorum shall be a majority of the members of the commission. (f) 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 and the same mileage or transportation allowance as authorized for state employees. Any members of the commission who are state officials, other than legislative members, or state employees shall receive no compensation for their services on the commission, but shall be reimbursed for expenses incurred in the performance of their duties as members of the commission in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. Funds necessary for reimbursement of expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective agencies or departments.

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33-29A-22. (a) On or before December 15, 2005, the commission shall report to the Governor, the President of the Senate, and the Speaker of the House of Representatives on any recommendations for legislation and the results of an actuarial and feasibility study conducted by the commission to determine, without limitation, the following:
(1) The impact that the creation of the pool will have on the small and large group insurance markets and the individual market, on premiums paid by insureds, including an estimate of total anticipated savings for all purchasers of health insurance in this state; (2) The number of individuals and dependents the pool could reasonably cover at various premium levels, along with cost estimates for such coverage; (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; and (4) The impact that eligibility of persons qualifying for federal health coverage tax credits will have on the pool. (b) The commission is authorized to: (1) Enter into contracts to carry out its powers and duties under this article; (2) Appoint appropriate legal, actuarial, and other committees that are necessary to provide technical assistance in carrying out the purposes of the commission; (3) Evaluate cost containment measures and risk reduction practices, along with opportunities for delivery of cost-effective health care services through the pool; and (4) Evaluate the feasibility of a list of medical conditions for which a person shall be eligible for pool coverage without applying for health insurance. (c) The commission shall have authority to evaluate and apply for grants and resources, public and private, for which it may qualify for executing its powers and duties under this article, including, but not limited to, start-up funds for state high risk pools under the federal Trade Act of 2002 or related legislation to extend such funding and funds as they are available for expansion of coverage to persons eligible for federal Health Coverage Tax Credits. (d) Not later than June 30, 2006, the commission shall make a final report to the Governor, the General Assembly, and the Commissioner with all of its findings and recommendations."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Forster of the 3rd moved that the House agree to the Senate substitute to HB 320.

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

Abdul-Salaam E Amerson E Anderson

Y Crawford Y Cummings Y Davis

Y Holmes Y Holt Y Horne

Y Maxwell Y May
McCall

Y Sailor Scheid
Y Scott, A

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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 Y Coleman, T
Cooper N Cox

Y Day Y Dean Y Dickson
Dodson Y Dollar Y Drenner Y Dukes N 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
Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Houston 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 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

On the motion, the ayes were 151, nays 4.

Y McClinton Y Meadows Y Millar Y Miller Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mosley N 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
Ralston Randall Y Ray Y Reece, B Y Reece, S Y Reese Y Rice Roberts E Rogers Y Royal Y Rynders

Y Scott, M Setzler Shaw
N Sheldon Y Sims, C Y Sims, F Y Sinkfield E Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T E 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 Y Yates
Richardson, Speaker

The motion prevailed.

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.

The following Senate substitute was read:

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A BILL
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption from state sales and use tax only with respect to certain 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) Purchase of energy efficient products with a sales price of $1,500.00 or less per product purchased for noncommercial home or personal use. The exemption provided by this paragraph shall apply only to sales 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) The exemption provided for in subparagraph (A) of this paragraph shall not apply to purchases of energy efficient products purchased for trade, business, or resale.
(D)(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. (E) 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.

Representative Smith of the 70th moved that the House agree to the Senate substitute to HB 559.

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

Y Abdul-Salaam E 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 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 Y Dean Y Dickson
Dodson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Fleming Y Floyd, H
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 Y Heckstall Y Hembree Y Henson

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
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 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
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 E Rogers

Y Sailor Y Scheid Y Scott, A Y Scott, M
Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F Y Sinkfield E 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 Y Thomas, A.M
Thomas, B Y Tumlin Y Walker Y Warren Y Watson Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, R Y Wix

THURSDAY, MARCH 31, 2005

4417

Cooper Y Cox

Y Hill, C Y Hill, C.A

Y Marin Y Martin

On the motion, the ayes were 158, nays 0.

Y Royal Y Rynders

Y Yates Richardson,
Speaker

The motion prevailed.

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 message was received from the Senate through Mr. Eldridge, the Secretary thereof:

Mr. Speaker:

The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:

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 Senate has adopted the report of the Committee of Conference on the following bill of the House:

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 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

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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 Senate has agreed to the House amendment to the Senate substitute to the following bill of the House:
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 Senate has agreed to the House amendment to the Senate amendment to the following bill of the House:
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

THURSDAY, MARCH 31, 2005

4419

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 Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:
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.
The Speaker Pro Tem assumed the Chair.
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 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.
The following Committee substitute was read and adopted:
A BILL
To amend Title 43 of the Official Code of Georgia Annotated, relating to regulation of professions and businesses, so as to add a new Chapter 24A regulating the practice of

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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 prohibit the unauthorized practice of massage therapy; to provide for disciplinary actions; to provide for administrative procedures; to provide for exceptions; to provide for continuing education requirements; to provide for cumulative remedies; to provide for other jurisdictions; to provide for taxation; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 43 of the Official Code of Georgia Annotated, relating to regulation of professions and businesses, is amended by adding a new Chapter 24A to read as follows:
"CHAPTER 24A
43-24A-1. This chapter shall be known and may be cited as the 'Georgia Massage Therapy Practice Act.'
43-24A-2. The General Assembly acknowledges that the practice of massage therapy affects the public health, safety, and welfare. Massage therapists must have a knowledge of anatomy and physiology and an understanding of the relationship between the structure and function of the tissue being treated and the total function of the body. Massage is therapeutic and regulations are necessary to protect the public from unqualified practitioners. It is in the interest of the public to set standards of qualifications, education, training, and experience for those who seek to practice massage therapy; to promote high standards of professional performance for those licensed to practice massage therapy; and to protect the public from unprofessional conduct by persons licensed to practice massage therapy.
43-24A-3. As used in this chapter, the term:
(1) 'Advertise' means, but is not limited to, the issuing of or causing to be distributed any card, sign, or other device or causing or permitting any sign or marking on or in any building or structure, or in any newspaper, magazine, or directory, or announcement on radio, or announcement or display on television, computer network, or electronic or telephonic medium.

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(2) 'Applicant' means any person seeking a license under this chapter. (3) 'Board' means the Georgia Board of Massage Therapy established by this chapter. (4) 'Board recognized massage program' means an educational program which meets the standards for training and curriculum as set out by the board in its rules which are consistent with the Nonpublic Postsecondary Education Commission as provided in Code Section 20-3-250.4. (5) 'License' means a valid and current certificate of registration issued by the board. (6) 'Licensee' means any person holding a license. (7) 'Massage therapist' means a person who administers massage or massage therapy for compensation. (8) 'Massage therapy' means the application of a system of structured touch, pressure, movement, and holding to the soft tissue of the body in which the primary intent is to enhance or restore health and well-being. The term includes complementary methods, including without limitation the external application of water, superficial heat, superficial cold, lubricants, salt scrubs, or other topical preparations and the use of commercially available electromechanical devices which do not require the use of transcutaneous electrodes and which mimic or enhance the actions possible by the hands; the term also includes determining whether massage therapy is appropriate or contraindicated, or whether referral to another health care provider is appropriate. Massage therapy shall not include the use of ultrasound, fluidotherapy, laser, and other methods of deep thermal modalities. (9) 'Person' means a natural person only. (10) 'Provisionally permitted massage therapist' means a person issued a provisional permit under this chapter.
43-24A-4. (a) There is created the Georgia Board of Massage Therapy which shall consist of five members. 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. (b) The Governor shall appoint, subject to confirmation by the Senate, all members of the board for initial terms of office beginning July 1, 2005. The Governor shall appoint two initial members of the board to serve for terms of two years and three initial members of the board, including the public member, to serve for terms of four years. After the initial terms specified in this subsection, members of the board shall take office on the first day of July immediately following the expired term of that office and shall serve for a term of four years and until their successors are appointed and qualified. Any person appointed to the board when the Senate is not in session may serve on the board without Senate confirmation until the Senate acts on that appointment. No member shall serve on the board for more than two full consecutive terms. Any vacancy due to death, resignation, removal, or otherwise shall be filled for the remainder of the unexpired term in the same manner as regular appointments.

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(c) All members of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. (d) An appointee to the board shall qualify by taking an oath of office within 15 days from the date of his or her appointment. On presentation of the oath, the Secretary of State shall issue a commission to each appointee as evidence of his or her authority to act as a member of the board.
43-24A-5. (a)(1) There shall be four professional members of the board who shall: (A) Be citizens of the United States and residents of this state for at least three years prior to the date of appointment; (B) Have been engaged in massage therapy practice for compensation for at least five years immediately preceding their appointment; and (C) Be eligible for licensure under this chapter. Effective July 1, 2006, and thereafter, all professional members of the board shall be licensed under this chapter. (2) No more than one professional member of the board may be an owner of or affiliated with any massage school.
(b) There shall be one consumer member of the board who shall be appointed by the Governor from the public at large, shall be a citizen of the United States and resident of this state, and shall be a person to whom neither this state nor any other state or jurisdiction or organization has ever issued a certificate, registration, license, or permit to engage in the practice of massage therapy nor be an owner of or affiliated with any massage school. (c) The Governor, after notice and opportunity for hearing, may remove any member of the board for incompetence, neglect of duty, unprofessional conduct, conviction of a felony, failure to meet the qualifications of this chapter, or committing any act prohibited by this chapter.
43-24A-6. The board shall meet at least once each year at a time fixed by the board. At its annual meeting, the board shall elect from its members a chairperson, vice chairperson, and any other officers as deemed necessary who shall hold office for a term of one year. Additionally, the board may appoint such committees as it considers necessary to fulfill its duties. In addition to its annual meeting, the board may hold additional meetings at the call of the chairperson or at the request of any two members of the board or as approved by the division director.
43-24A-7. (a) The board shall have the power to:
(1) Examine and determine the qualifications and fitness of applicants for licenses to practice massage therapy in this state;

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(2) Issue, renew, refuse to renew, deny, suspend, or revoke licenses to practice massage therapy in this state or otherwise discipline licensed massage therapists; (3) Conduct investigations for the purpose of discovering violations of this chapter or grounds for disciplining persons licensed under this chapter; (4) Hold hearings on all matters properly brought before the board and, in conjunction therewith, to administer oaths, receive evidence, make the necessary determinations, and enter orders consistent with the findings. The board may designate one or more of its members as its hearing officer; (5) Adopt, revise, and enforce rules concerning advertising by licensees including, but not limited to, rules to prohibit false, misleading, or deceptive practices; (6) Adopt an official seal; and (7) Bring proceedings to the courts for the enforcement of this chapter or any rules and regulations promulgated pursuant to this chapter. (b) In addition to the enumerated powers in subsection (a) of this Code section, the board has the authority to conduct its business pursuant to the provisions of Code Section 43-1-19 which is incorporated herein and made a part of this chapter by specific reference.
43-24A-8. (a) No person may practice massage therapy in this state who is not a licensed massage therapist or the holder of a valid provisional permit issued by the division director pursuant to this chapter. (b) Prior to July 1, 2007, any applicant for a license as a massage therapist must submit a completed application upon a form and in such manner as the board prescribes, accompanied by applicable fees, and evidence satisfactory to the board that:
(1) The applicant is at least 18 years of age; (2) The applicant is of good moral character. For purposes of this paragraph, 'good moral character' means professional integrity and a lack of any conviction for acts involving moral turpitude where the underlying conduct relates to the applicants fitness to practice massage therapy; (3) The applicant agrees to provide the board with any and all information necessary to perform a criminal background check and expressly consents and authorizes the board or its representative to perform such a check; and (4) The applicant has met at least one of the following requirements:
(A) He or she has completed successfully a board recognized educational program with a minimum of 500 hours of course and clinical work; (B) He or she has passed satisfactorily the National Certification Examination for Therapeutic Massage and Bodywork, an equivalent test approved by the board, or an examination administered by another state or jurisdiction whose license requirements meet or exceed those of this state; (C) He or she meets the qualifications necessary to sit for the National Certification Examination for Therapeutic Massage and Bodywork or has substantially similar qualifications as determined by the board;

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(D) He or she holds a license as a massage therapist in another state or jurisdiction whose license requirements meet or exceed the licensing requirements of this state; (E) He or she has practiced massage therapy for at least ten hours per week on average for at least ten years prior to the date of application and has completed at least 100 hours of formal training in massage therapy as determined by the board; (F) He or she has practiced massage therapy for at least five years prior to the date of application and has completed a minimum of 200 hours of formal training in massage therapy as determined by the board; (G) He or she has, to the satisfaction of the board, training in another state or jurisdiction that meets or exceeds the requirements for licensing in this state; (H) He or she has been a member, as a massage therapist, for a period of one year prior to his or her application for licensure of a professional massage therapy association established before 2002 which holds its members to a published code of ethics; or (I) He or she has been legally practicing massage therapy in this state for compensation prior to July 1, 2005. (c) On and after July 1, 2007, any applicant for a license as a massage therapist must submit a completed application upon a form and in such manner as the board prescribes, accompanied by applicable fees, and evidence satisfactory to the board that: (1) The applicant is at least 18 years of age; (2) The applicant has a high school diploma or its recognized equivalent; (3) The applicant is a citizen of the United States or a permanent resident of the United States; (4) The applicant is of good moral character. For purposes of this paragraph, 'good moral character' means professional integrity and a lack of any conviction for acts involving moral turpitude where the underlying conduct relates to the applicants fitness to practice massage therapy; (5) The applicant agrees to provide the board with any and all information necessary to perform a criminal background check and expressly consents and authorizes the board or its representative to perform such a check; (6) The applicant has completed successfully a board recognized educational program consisting of a minimum of 500 hours of course and clinical work; and (7) The applicant has passed satisfactorily the National Certification Examination for Therapeutic Massage and Bodywork, an equivalent test approved by the board, or an examination administered by another state or jurisdiction whose license requirements meet or exceed those of this state.
43-24A-9. (a) A provisional permit to practice as a provisionally permitted massage therapist may be issued for a two-year period by the board to the following applicants:
(1) An applicant licensed in another state with like or similar requirements for licensure; or (2) An applicant who is not the holder of any massage therapy license.

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(b) Such permit shall authorize the applicant to work under the supervision of a licensed massage therapist as provided by the board. (c) The applicant, by submitting an application for a provisional permit, agrees to provide the board with any and all information necessary to perform a criminal background check and expressly consents and authorizes the board or its representative to perform such a check. (d) Such provisional permit shall have the same force and effect as a permanent license until the time of its expiration. (e) The provisional permit shall expire on the same date as a permanent license that is issued to persons who have passed the examination.
43-24A-10. The board may require that all applications be made under oath.
43-24A-11. (a) Examinations shall be administered to qualified applicants at least twice each calendar year. (b) Applicants may obtain their examination scores in accordance with such rules and regulations as the board may establish.
43-24A-12. (a) Any applicant for a license by reciprocity as a massage therapist must submit a completed application upon a form and in such manner as the board prescribes, accompanied by applicable fees, and evidence satisfactory to the board that:
(1) The applicant is at least 18 years of age; (2) The applicant is of good moral character. For purposes of this paragraph, 'good moral character' means professional integrity and a lack of any conviction for acts involving moral turpitude where the underlying conduct relates to the applicants fitness to practice massage therapy; (3) The applicant agrees to provide the board with any and all information necessary to perform a criminal background check and expressly consents and authorizes the board or its representative to perform such a check; and (4) The applicant is currently licensed as a massage therapist in another jurisdiction, state, or territory of the United States or foreign country which requires standards for licensure considered by the board to be equivalent to the requirements for licensure under this chapter.
43-24A-13. (a) Any applicant for a license by endorsement as a massage therapist must submit a completed application upon a form and in such manner as the board prescribes, accompanied by applicable fees, and evidence satisfactory to the board that:
(1) The applicant is at least 18 years of age;

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(2) The applicant is of good moral character. For purposes of this paragraph, 'good moral character' means professional integrity and a lack of any conviction for acts involving moral turpitude where the underlying conduct relates to the applicants fitness to practice massage therapy; (3) The applicant agrees to provide the board with any and all information necessary to perform a criminal background check and expressly consents and authorizes the board or its representative to perform such a check; and (4) The applicant either:
(A) Is currently licensed as a massage therapist in another jurisdiction, state, or territory of the United States or foreign country which requires standards for licensure considered by the board to be equivalent to the requirements for licensure under this chapter; or (B) Has current certification by the National Certification Board for Therapeutic Massage and Bodywork or an equivalent certification approved by the National Commission for Certifying Agencies.
43-24A-14. (a) The licensee shall display the license certificate or a photocopy thereof in an appropriate and public manner at each location at which he or she practices. (b) All licenses shall expire biennially unless renewed. All applications for renewal of a license shall be filed with the division director prior to the expiration date, accompanied by the biennial renewal fee prescribed by the board and certifying that all current requirements of continuing education as determined by the board have been fulfilled. The board shall provide for penalty fees for late registration. The failure to renew a license by the end of an established penalty period shall have the same effect as a revocation of said license, subject to reinstatement only after application and payment of the prescribed reinstatement fee within the time period established by the division director, provided that the applicant meets such requirements as the board may establish by rule. (c) The licensee shall inform the board of any change of address within 30 days. (d) Each person licensed under this chapter is responsible for renewing his or her license before the expiration date. (e) Under procedures and conditions established by the board, a licensee may request that his or her license be declared inactive. The licensee may apply for active status at any time and upon meeting the conditions set forth by the board shall be declared active.
43-24A-15. (a) It is a violation of this chapter for any person to advertise massage therapy services unless such services are provided by a person who holds a valid license under this chapter. (b) It shall be a violation of this chapter for any person to advertise:

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(1) As a massage therapist unless the person holds a valid license under this chapter in the classification so advertised; or (2) Massage therapy services combined with escort or dating services or adult entertainment. (c) It shall be unlawful for a person or business entity or its employees, agents, or representatives to practice massage therapy or to use in connection with its name or business activity the terms 'massage,' 'massage therapy,' 'massage therapist,' 'massage practitioner,' or the letters 'M.T.,' 'L.M.T.,' or any other words, letters, abbreviations, or insignia indicating or implying directly or indirectly that massage therapy is provided or supplied unless such massage therapy is provided by a massage therapist licensed and practicing in accordance with this chapter.
43-24A-16. The practice of massage therapy is declared to be an activity affecting the public interest and involving the health, safety, and welfare of the public. Such practice by a person who is not licensed to practice in this state is declared to be a public nuisance, harmful to the public health, safety, and welfare. Any citizen of this state, the board, or the appropriate prosecuting attorney where such practice is carried on by such unlicensed person may, on behalf of the public, bring an action to restrain and enjoin such unlicensed practice in the superior court of the county where such unlicensed person resides or works. It shall not be necessary in order to obtain an injunction under this Code section to allege or prove that there is no adequate remedy at law or to allege or prove any special injury.
43-24A-17. The board shall take disciplinary action in accordance with the provisions of Chapter 1 of this title.
43-24A-18. Proceedings under this chapter shall be governed by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
43-24A-19. Nothing in this chapter shall be construed to affect, restrict, or prevent the practice, services, or activities of:
(1) A person licensed, registered, or certified under any other chapter or article under Title 43 while engaged in the professional or trade practices properly conducted under authority of such other licensing laws, provided that such person shall not use the title of massage therapist; (2) A person pursuing a course of study leading to a degree or certificate as a massage therapist in an educational program recognized by the board, if such person is designated by title indicating student status and is fulfilling uncompensated work experiences required for the attainment of the degree or certificate;

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(3) A nonresident person rendering massage therapy up to 60 days during a 12 month period for treatment of a temporary sojourner only, provided that such nonresident massage therapist holds a license, registration, or certification from another state, jurisdiction, or country if the requirements as determined by the board for licensure are substantially equal to the requirements contained in this chapter or provided that such nonresident massage therapist is currently nationally certified in therapeutic massage and bodywork; (4) A person duly licensed, registered, or certified in another jurisdiction, state, territory, or a foreign country when incidentally in this state to provide service as part of an emergency response team working in conjunction with disaster relief officials or as part of a charity event with which he or she comes into the state; (5) A person who restricts his or her practice to the manipulation of the soft tissue of the human body to hands, feet, or ears who does not have the client disrobe and does not hold himself or herself out as a massage therapist; (6) A person who uses touch, words, and directed movement to deepen awareness of existing patterns of movement in the body as well as to suggest new possibilities of movement while engaged within the scope of practice of a profession with established standards and ethics, provided that his or her services are not designated or implied to be massage or massage therapy; (7) A person who uses touch and movement education to effect change in the structure of the body while engaged in the practice of structural integration, provided that he or she is a member of, or whose training would qualify for membership in, the International Association of Structural Integrators and provided that his or her services are not designated or implied to be massage or massage therapy; (8) A person who uses touch to affect the energy systems, polarity, acupoints, or Qi meridians, also known as channels of energy, of the human body while engaged within the scope of practice of a profession with established standards and ethics, provided that his or her services are not designated or implied to be massage or massage therapy; or (9) A person who was engaged in massage therapy practice prior to July 1, 2005; provided, however, the prohibition of subsection (c) of Code Section 43-24A-15 shall apply to such a person on and after July 1, 2007.
43-24A-20. The board shall establish continuing education requirements not to exceed 25 hours per biennium. The board shall by rule establish criteria for the approval of continuing education programs or courses. The programs or courses approved by the board may include correspondence courses that meet the criteria for continuing education courses.
43-24A-21. As cumulative to any other remedy or criminal prosecution, the board may file a proceeding in the name of the state seeking issuance of a restraining order, injunction,

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or writ of mandamus against any person who is or has been violating any of the provisions of this chapter or the lawful rules or orders of the board.

43-24A-22. This chapter shall not be construed to prohibit a county or municipality from enacting any regulation of persons not licensed pursuant to this chapter. No provision of any ordinance enacted by a municipality, county, or other jurisdiction that is in effect before July 1, 2005, and that relates to the practice of massage therapy or requires licensure of a massage therapist may be enforced against a person who is issued a license by the board under this chapter.

43-24A-23. Notwithstanding any provision of law to the contrary, the act of a duly licensed massage therapist in performing a massage shall be deemed to be the act of a health care professional and shall not be subject to the collection of any form of state or local taxation regulations not also imposed on other professional health care activities.

43-24A-24. (a) Any person who practices massage therapy without a valid license in violation of this chapter, upon conviction thereof, shall be punished as provided in this Code section. (b) Each act of unlawful practice under this Code section shall constitute a distinct and separate offense. (c) Upon being convicted a first time under this Code section, such person shall be punished by a fine of not more than $500.00 for each offense. Upon being convicted a second or subsequent time under this Code section, such person shall be punished by a fine of not more than $1,000.00 for each offense, imprisonment for not more than 12 months, or both."

SECTION 2. This Act will become effective when funding is appropriated.

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 E Amerson E Anderson

Y Crawford Y Cummings N Davis

Y Holmes Y Holt Y Horne

Y Maxwell N May N McCall

Y Sailor Y Scheid Y Scott, A

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Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague
Benfield Y Benton Y Black N Bordeaux Y Borders Y Bridges Y Brooks Y Brown
Bruce Y Bryant Y Buckner, D Y Buckner, G
Burkhalter 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 Cooper N Cox

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

Y Houston Y Howard Y Hudson Y Hugley N 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 Y Lindsey Y Lord N Loudermilk
Lucas Y Lunsford Y Maddox
Mangham Manning Y Marin N Martin

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

N Scott, M Y Setzler Y Shaw Y Sheldon Y Sims, C Y Sims, F
Sinkfield E Smith, B
Smith, L Y Smith, P Y Smith, R N 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 N Walker Y Warren Y Watson Y Wilkinson
Willard Williams, A Y Williams, E Williams, R Wix Y Yates Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 119, nays 23.

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

Representative Miller of the 106th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

The Speaker assumed the Chair.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 509. By Representatives Harbin of the 118th, Keen of the 179th and Burkhalter of the 50th:

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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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 509

The Committee of Conference on HB 509 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 509 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Jack Hill Senator, 4th District

/s/ Ben Harbin Representative, 118th District

/s/ Tommie Williams Senator, 19th District

/s/ Rich Golick Representative, 34th District

/s/ Brian Kemp Senator, 46th District

/s/ Tom Graves Representative, 12th District

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.

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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 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 broad policy areas that a budget unit was created to address. These are fundamental activities or groups of activities critical to the organizations overall mission.

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(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 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 later than September 1 of each year, the The head of each budget unit, other than the General Assembly and the judiciary, shall annually submit to the Office of Planning and Budget estimates of the financial requirements of the budget unit for the next fiscal year, by the date set by the director of the Office of Planning and Budget, which shall be no earlier than August 1 of each 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. 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 45-12-86, relating to required reserve of certain specified appropriations, and inserting in its place a new Code Section 45-12-86 to read as follows:
"45-12-86.

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(a) The Governor, during the first six months of a fiscal year period in which the current revenue estimate on which appropriations are based is expected to exceed actual revenues, is authorized to require state agencies to reserve such appropriations as specified by the Governor for budget reductions to be recommended to the General Assembly at its next regular session. (b) The Governor, during any fiscal year by which the current revenue estimate or which appropriations are based is expected to exceed actual revenues, is authorized to withhold a percentage of agency allotment requests as necessary to maintain spending within actual revenues."
SECTION 5. 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 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.

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(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, without reverting to the general fund at the end of a fiscal year. The Revenue Shortfall Reserve 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 for funding increased K-12 needs. (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. (h) The Revenue Shortfall Reserve shall not exceed 10 percent of the previous fiscal years net revenue for any given fiscal year."
SECTION 6. 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 for the consideration and review of the General Assembly. A program budget report shall satisfy this requirement. The development program shall be submitted within five days after the organization of the General Assembly for review with the budget document."
SECTION 7. 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.

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Such policy document shall be transmitted to the General Assembly at the beginning of each legislative session beginning with the 1994 2006 session."

SECTION 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

Representative Harbin of the 118th moved that the House adopt the report of the Committee of Conference on HB 509.

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

Y Abdul-Salaam E Amerson E Anderson Y Ashe Y Barnard Y Barnes Y Bearden E Beasley-Teague
Benfield Y Benton Y Black Y Bordeaux
Borders Y Bridges Y Brooks Y Brown Y Bruce Y Bryant Y Buckner, D Y Buckner, G
Burkhalter E 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 Dodson Y Dollar Drenner Y Dukes Ehrhart Y England Epps 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 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
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 Y Kidd Y Knight Y Knox
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 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 Y Neal Y Oliver
O'Neal Y Orrock
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 E 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 E Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T E 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 Williams, A Y Williams, E Y Williams, R Wix Y Yates Richardson, Speaker

THURSDAY, MARCH 31, 2005

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On the motion, the ayes were 146, nays 0.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
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 Senate amendment was read:
The Senate moves to amend HB 538 by inserting between "nonapplicability" and "to" on line 5 of page 1 the following:
"to change certain provisions regarding the income tax exclusion applicable to military income;"
By striking "an effective date;" and inserting in its place "for effective dates;" on line 8 of page 1.
By adding immediately following line 33 of page 2 the following:
"SECTION 2A. Said chapter is further amended in Code Section 48-7-27, relating to computation of Georgia taxable net income, by striking paragraph (12) of subsection (a) and inserting in its place a new paragraph (12) to read as follows:
'(12) Military The first $10,000.00 of earned military income and other earned income received by a member of the national guard or any reserve component of the armed services of the United States stationed in a combat zone pursuant to military orders who serves on active duty for at least 90 consecutive days. The exclusion provided under this paragraph:
(A) Shall be claimed and allowed in the year in which the ninetieth day occurs;

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(A)(B) Shall apply with respect to each taxable year, or portion thereof, covered by such military orders in which such member serves for such qualifying period of time; and (B)(C) Shall apply only with respect to such member of the national guard or any reserve component of the armed forces and only with respect to the first $10,000.00 of earned military income and all other earned income received during the period covered by such military orders taxable year by such member; and (D) Shall be applied following any other deductions claimed and allowed by such member of the national guard; and'"

By striking lines 2 through 4 of page 3 and inserting in their place the following:

"(a) Except as otherwise 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 2A 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, 2002."

Representative O`Neal of the 146th moved that the House disagree to the Senate amendment to HB 538.

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

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

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

Y Holmes Y Holt Y Horne Y Houston
Howard Y 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 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
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
Sinkfield E Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M

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4439

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 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 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

On the motion, the ayes were 144, nays 0.

Y Porter Powell
Y Ralston Randall
Y Ray Y Reece, B
Reece, S Y Reese Y Rice Y Roberts E Rogers Y Royal Y Rynders

Y Thomas, B Y Tumlin Y Walker Y Warren
Watson Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, R
Wix Y Yates
Richardson, Speaker

The motion prevailed.

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 message was received from the Senate through Mr. Eldridge, the Secretary thereof:

Mr. Speaker:

The Senate insists on its amendment to the following bill of the House:

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 Senate has adopted the report of the Committee of Conference on the following bill of the House:
HB 36. By Representatives Willard of the 49th, Geisinger of the 48th and Wilkinson of the 52nd:

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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.
By unanimous consent, all Bills and Resolutions on the General Calendar were recommitted to the Committee from whence they came.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:
HB 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.
Representative O`Neal of the 146th moved that the House insist on its position in disagreeing to the Senate amendment to HB 538 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:

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4441

Representatives O`Neal of the 146th, Talton of the 145th and Williams of the 4th.
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 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 Senate adheres to its amendment and has appointed a Committee of Conference on the following bill of the House:
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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Cagle of the 49th, Chance of the 16th, and Hill of the 4th.
The Senate has adopted the report of the Committee of Conference on the following bills and resolution of the Senate and House:
SB 227. By Senator Cagle of the 49th:
A BILL to be entitled an Act to amend Title 36 of the Official Code of

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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.
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.
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.
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 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

THURSDAY, MARCH 31, 2005

4443

circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 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 Senate substitute was read:
A BILL
To amend Part 1A of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1A of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to the telephone system for the physically impaired, is amended by striking Code Section 46-5-30, relating to establishment, administration, and operation of state-wide dual party relay service, and inserting in its place the following:
"46-5-30. (a) The General Assembly finds and declares that it is in the public interest to provide basic telecommunication services to all citizens of this state who, because of physical impairments, particularly hearing and speech impairments, cannot otherwise communicate over the telephone. It is further in the public interest to take advantage of innovative technological uses of basic telecommunications services to allow for

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universal access to information by blind and otherwise print disabled citizens of this state. (b) The commission shall establish, implement, administer, and promote a state-wide single provider dual party relay service operating seven days per week, 24 hours per day, and contract for the administration and operation of such relay service. The commission shall also establish, implement, administer, and promote a state-wide audible universal information access service operating seven days per week and 24 hours per day and shall contract for the administration and operation of such information access service. The commission shall also further establish, implement, administer, and promote a telecommunications equipment distribution program and contract for the administration and operation of such program. (c) The commission shall require all local exchange telephone companies in this state, except those operated by telephone membership corporations, to impose a monthly maintenance surcharge on all residential and business local exchange access facilities. For the purpose of this subsection, 'exchange access facility' means the access from a particular telephone subscribers premise to the telephone system of a local exchange telephone company. 'Exchange access facility' includes local exchange company provided access lines, private branch exchange trunks, and centrex network access registers, all as defined by tariffs of telephone companies as approved by the commission. The amount of the surcharge shall be determined by the commission based upon the amount of funding necessary to accomplish the purposes of this Code section and provide the services on an ongoing basis; however, in no case shall the amount exceed 20 per month. A maximum of $0.05 of this monthly surcharge per access line shall be utilized for a telecommunications equipment distribution program and a maximum of $0.01 of this monthly surcharge per access line shall be utilized to fund an audible universal information access service. If the projected cost of the operation of the relay service exceeds a monthly surcharge of $0.15 at any time, funding for the telecommunications equipment distribution program and the audible universal information access service will be reduced by the amount required to fully fund the relay service, under the existing cap of $0.20 for the period of time necessary. No additional fees other than the surcharge authorized by this subsection shall be imposed on any user of such relay or information access service. The local exchange companies shall collect the surcharge from their customers and transfer the moneys collected to a special fund to be held separate from all other funds. The fund shall be used solely for the administration and operation of the relay service, the information access service, and the telecommunications equipment distribution program and shall not be imposed, collected, or expended for any other purpose. (d) The dual party relay system shall protect the privacy of persons to whom relay services are provided and shall require all operators to maintain the confidentiality of all telephone messages. The confidentiality and privacy of persons to whom relay services are provided will be protected by means of the following:
(1) The relay center shall not maintain any form of permanent copies of messages relayed by their operators or allow the content of telephone messages to be

THURSDAY, MARCH 31, 2005

4445

communicated to, or accessible to, nonstaff members; (2) Persons using the relay services shall not be required to provide any personal identifying information until the party they are calling is on the line, and shall only be required to identify themselves to the extent necessary to fulfill the purpose of their call; (3) Relay operators shall not leave messages with third parties unless instructed to do so by the person making the call; (4) Relay operators shall not intentionally alter a relayed conversation; and (5) Relay operators shall not refuse calls or limit the length of calls. (e) Neither the commission nor the provider providers of the dual party relay system service or the audible universal information access service nor, except in cases of willful misconduct, gross negligence, or bad faith, the employees of the providers of the dual party relay system service or the audible universal information access service shall be liable for any claims, actions, damages, or causes of action arising out of or resulting from the establishment, participation in, or operation of the dual party relay system service or the audible universal information access service. (f) The commission shall select the telecommunications carrier which will provide the relay system service and award the contract for this service to the offerer whose proposal is the most advantageous to the state, considering price, the interests of the hearing impaired and speech impaired community in having access to a high quality and technologically advanced telecommunication system, and all other factors listed in the commissions request for proposals. (f.1) The commission shall select the service provider which will provide and manage the audible universal information access service and shall award the contract for this service to the offerer whose proposal is the most advantageous to the state, considering price, the interests of the blind and print disabled community in having access to a high quality and technologically advanced interactive audible universal information access system, the maintenance of such system, the training provided on the use of such service, outreach efforts, and all other factors listed in the commissions request for proposals. (g) The commission shall select a distribution agency to manage the telecommunications equipment distribution program and award the contract for this service to the offerer whose proposal is the most advantageous to the state, considering price, the interests of the hearing impaired and speech impaired community in obtaining appropriate and effective telecommunications equipment, the training of recipients on the use of telecommunication devices, outreach efforts, and all other factors listed in the commissions request for proposals. (h) The commission shall establish guidelines for eligibility for participation in the distribution program, taking into consideration a persons certified medical need and prohibiting distribution of telecommunications equipment to any person whose income exceeds 200 percent of the federal poverty level. The commission shall utilize appropriate external expertise, as necessary, to establish these guidelines, including contracting with public agencies or private entities. Funding for any such contracts will

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be covered by the $0.05 portion of the monthly surcharge utilized for the telecommunications equipment distribution program. (i) The commission shall establish eligibility guidelines for participation in the audible universal information access service, taking into account a persons certified medical need. The commission shall utilize appropriate external expertise, as necessary, to establish these guidelines, including contracting with public agencies or private entities. Funding for such contracts will be covered by the $0.01 portion of the monthly surcharge utilized for the audible universal information access service. (i)(j) The commission shall establish a telecommunications equipment distribution program advisory committee to provide input on program operation and the types of equipment to be, and being, distributed by the program. The commission shall select the equipment to be distributed by the program and shall incorporate this selection into the commissions request for proposals for a distribution agency. (j)(k) The commission shall provide that the dual party telephone relay telephone system shall be operational no later than July 1, 1991, and that the telecommunications equipment distribution program shall be operational no later than March 31, 2003, and the audible universal information access service shall be operational no later than July 1, 2006."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Martin of the 47th moved that the House agree to the Senate substitute to HB 669.

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

Y Abdul-Salaam E Amerson E Anderson Y Ashe Y Barnard
Barnes Y Bearden E Beasley-Teague E 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 Crawford Y Cummings
Davis Y Day Y Dean Y Dickson
Dodson Y Dollar E 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 Holmes Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley Y 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 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
Parham

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
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 E Smith, V Y Smyre Y Stanley-Turner Y Stephens Y Stephenson Y Talton

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4447

E 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 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 Y 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
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

On the motion, the ayes were 149, nays 0.

Y Parrish Y Parsons Y Porter Y Powell Y Ralston Y Randall
Ray Y Reece, B Y Reece, S Y Reese Y Rice
Roberts E Rogers
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 Y Williams, E Y Williams, R
Wix Y Yates
Richardson, Speaker

The motion prevailed.

The following Resolution of the House was read:

HR 952. By Representative Keen of the 179th:

A RESOLUTION

Relative to adjournment; and for other purposes.

WHEREAS, on this 39th legislative day of the 2005 regular session, the General Assembly of Georgia will complete the business of this session.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn sine die upon the adoption of this resolution by both houses of the General Assembly.

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

Y Abdul-Salaam E Amerson E Anderson Y Ashe Y Barnard
Barnes Y Bearden E Beasley-Teague E Benfield Y Benton

Y Crawford Y Cummings
Davis Y Day Y Dean Y Dickson
Dodson Y Dollar E Drenner Y Dukes

Y Holmes Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs
James

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

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler
Shaw Y Sheldon Y Sims, C Y 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 N Buckner, G Y Burkhalter E 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
Epps Y Fleming Y Floyd, H
Floyd, J N 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 Heard, K
Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

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

On the adoption of the Resolution, the ayes were 146, nays 2.

E Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T E 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

The Resolution was adopted.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:

Mr. Speaker:

The Senate has adopted the report of the Committee of Conference on the following bills of the Senate and House:

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 230. By Senators Hamrick of the 30th, Grant of the 25th and Mullis of the 53rd:

THURSDAY, MARCH 31, 2005

4449

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.
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.
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 Resolutions of the House were read and adopted:
HR 909. By Representative Hatfield of the 177th:
A RESOLUTION commending Shirley Crews; and for other purposes.
HR 953. By Representative Hatfield of the 177th:
A RESOLUTION recognizing State Spelling Bee Champion James David Keane Clark; and for other purposes.
HR 954. By Representative Hatfield of the 177th:

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A RESOLUTION commending the Ware County High School football team; and for other purposes.
HR 955. By Representative Hatfield of the 177th:
A RESOLUTION commending William J. Fulford on becoming an Eagle Scout; and for other purposes.
HR 956. By Representative Hatfield of the 177th:
A RESOLUTION celebrating the 102nd birthday of Ms. Ella Fair Daniels; and for other purposes.
HR 957. By Representative Hatfield of the 177th:
A RESOLUTION commending the Ware County High School Varsity Competition Cheerleaders; and for other purposes.
HR 958. By Representatives Burkhalter of the 50th, Parrish of the 156th, Channell of the 116th, Coleman of the 144th and Royal of the 171st:
A RESOLUTION commending Joe and Tracy Dutton and the Dutton Estate Winery and recognizing Sebastopol Vineyards; and for other purposes.
HR 959. By Representatives Stanley-Turner of the 53rd, Holmes of the 61st, Dukes of the 150th, Sims of the 151st and Williams of the 165th:
A RESOLUTION commending the Georgia Job Corps Centers; and for other purposes.
HR 960. By Representatives Holmes of the 61st, Stanley-Turner of the 53rd, Wilkinson of the 52nd, Lindsey of the 54th, Heckstall of the 62nd and others:
A RESOLUTION commending Mrs. Priscilla Lee Holmes; and for other purposes.
HR 961. By Representatives Coleman of the 144th, Dukes of the 150th, Porter of the 143rd, Burkhalter of the 50th, Smyre of the 132nd and others:
A RESOLUTION honoring and remembering the life of George Dekle Busbee, former Governor of Georgia; and for other purposes.

THURSDAY, MARCH 31, 2005

4451

HR 962. By Representatives Benfield of the 85th, Oliver of the 83rd, Drenner of the 86th, Gardner of the 57th, Morgan of the 39th and others:
A RESOLUTION recognizing National Sleep Awareness Week; and for other purposes.
HR 963. By Representatives Martin of the 47th, Burkhalter of the 50th and Jones of the 46th:
A RESOLUTION celebrating the proud history of Milton High School and expressing best wishes on the opening of the school's new site; and for other purposes.
HR 964. By Representatives Thomas of the 55th, Murphy of the 120th, Williams of the 165th, Holmes of the 61st, Sinkfield of the 60th and others:
A RESOLUTION remembering and honoring the life of Edward Patten, Sr.; and for other purposes.
HR 965. By Representative Jackson of the 161st:
A RESOLUTION commending Travoris Culpepper upon being named Legislative Intern of the Year by the Georgia Legislative Black Caucus; and for other purposes.
HR 966. By Representative Hill of the 21st:
A RESOLUTION commending Jamey Dobson on attaining the rank of Eagle Scout; and for other purposes.
HR 967. By Representatives Stephens of the 164th, Carter of the 159th and Burns of the 157th:
A RESOLUTION honoring Billy Currington; and for other purposes.
HR 968. By Representatives Smyre of the 132nd, Hugley of the 133rd, Buckner of the 130th, Smith of the 131st and Smith of the 129th:
A RESOLUTION remembering and honoring the life of Albert W. Thompson; and for other purposes.
HR 969. By Representatives Epps of the 128th, Henson of the 87th, Smyre of the 132nd, Stanley-Turner of the 53rd, Brooks of the 63rd and others:

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A RESOLUTION commending Brenda James Griffin upon her retirement; and for other purposes.
HR 970. By Representative Smith of the 168th:
A RESOLUTION commending Mr. Joe Sears; and for other purposes.
HR 971. By Representative Smith of the 168th:
A RESOLUTION congratulating the Bacon County High School Red Raiders on winning the 2004 AA state championship in baseball; and for other purposes.
HR 972. By Representatives Heard of the 114th, McClinton of the 84th, Watson of the 91st, Sims of the 151st, Lucas of the 139th and others:
A RESOLUTION remembering and honoring the life of Johnnie Cochran, Jr.; and for other purposes.
HR 973. By Representatives Heard of the 104th, Martin of the 47th and Geisinger of the 48th:
A RESOLUTION commending 2005 Georgia MATHCOUNTS third place state champion Miles Edwards; and for other purposes.
HR 974. By Representative Smith of the 168th:
A RESOLUTION commending Mr. Joe Sears; and for other purposes.
HR 975. By Representatives Heard of the 104th and Chambers of the 81st:
A RESOLUTION commending Kent Hite, coach of the 2005 Georgia MATHCOUNTS Team; and for other purposes.
HR 976. By Representatives Heard of the 104th and Chambers of the 81st:
A RESOLUTION commending 2004 Georgia MATHCOUNTS second place state champion Valdimir Smirnov; and for other purposes.
HR 977. By Representative Smith of the 168th:
A RESOLUTION congratulating the Bacon County High School Red Raiders on winning the 2004 AA state championship in baseball; and for

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4453

other purposes.
HR 978. By Representatives Heard of the 104th and Parsons of the 42nd:
A RESOLUTION commending 2005 Georgia MATHCOUNTS first place state champion Santosh Karnik; and for other purposes.
HR 979. By Representative Heard of the 104th:
A RESOLUTION commending 2005 Georgia MATHCOUNTS fourth place state champion Billy Dorminy; and for other purposes.
HR 980. By Representative Brooks of the 63rd:
A RESOLUTION remembering and honoring the life of Mrs. Lillie Mayweather Brooks; and for other purposes.
HR 981. By Representative Hill of the 21st:
A RESOLUTION commending Jim Segers; and for other purposes.
HR 982. By Representative Reece of the 11th:
A RESOLUTION commending Ashley Bramlett; and for other purposes.
HR 983. By Representatives Rogers of the 26th, Reece of the 27th, Harbin of the 118th, Benton of the 31st and Burkhalter of the 50th:
A RESOLUTION congratulating Thomas Dean Aaron; and for other purposes.
HR 984. By Representatives Reece of the 27th, Rogers of the 26th, Mills of the 25th, Richardson of the 19th and Benton of the 31st:
A RESOLUTION commending the Hall County Sheriff's Office on their National Accreditation; and for other purposes.
HR 985. By Representative Burns of the 157th:
A RESOLUTION commending the Millen Rotary Club; and for other purposes.

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HR 986. By Representatives Jackson of the 161st, Mangham of the 94th, Bryant of the 160th and Heard of the 114th:
A RESOLUTION commending Captain Terry L. Enoch; and for other purposes.
HR 987. By Representatives Burns of the 157th, Lane of the 158th and Knight of the 126th:
A RESOLUTION honoring Benjamin Olin "Ben" Boyd; and for other purposes.
HR 988. By Representatives Reece of the 11th, Loudermilk of the 14th, Smith of the 13th and Cummings of the 16th:
A RESOLUTION commending Melanie Drinkard; and for other purposes.
HR 989. By Representatives Graves of the 137th, Coan of the 101st and Keen of the 179th:
A RESOLUTION honoring Mr. Rusty Wallace and welcoming him to the Georgia state capitol; and for other purposes.
HR 990. By Representative Stephens of the 164th:
A RESOLUTION commending Nehemiah Harden on becoming an Eagle Scout; and for other purposes.
HR 991. By Representative Porter of the 143rd:
A RESOLUTION expressing appreciation to Representative Kenneth Birdsong for his support of Oconee Electric Membership Corporation during his tenure of public service; and for other purposes.
HR 992. By Representative Cheokas of the 134th:
A RESOLUTION recognizing the 100th anniversary of the Atlanta Greek Orthodox Cathedral of the Annunciation; and for other purposes.
HR 993. By Representative Golick of the 34th:
A RESOLUTION commending Sarang Shah; and for other purposes.

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HR 994. By Representative Golick of the 34th:
A RESOLUTION honoring Keep Smyrna Beautiful; and for other purposes.
HR 995. By Representative Burns of the 157th:
A RESOLUTION commending Harold Lee Scott; and for other purposes.
HR 996. By Representatives Coleman of the 144th, Parrish of the 156th, Ashe of the 56th, Burkhalter of the 50th, Harbin of the 118th and others:
A RESOLUTION commending the culinary excellence of Ted's Montana Grill of downtown Atlanta, Georgia; and for other purposes.
HR 997. By Representatives Coleman of the 144th, Harbin of the 118th, Greene of the 149th, Parrish of the 156th, Shaw of the 176th and others:
A RESOLUTION recognizing the monument erected by the citizens of Texas to honor the memory of the Georgia Battalion and honoring the history of friendship and joint sacrifice between the great States of Texas and Georgia; and for other purposes.
HR 998. By Representatives Ashe of the 56th, Thomas of the 55th, Orrock of the 58th, Gardner of the 57th, Holmes of the 61st and others:
A RESOLUTION recognizing and commending Honorable Debi Starnes; and for other purposes.
HR 999. By Representatives Buckner of the 76th, Dodson of the 75th and Barnes of the 78th:
A RESOLUTION commending the Natural Resources Defense Council for its efforts to provide Americans with clean water; and for other purposes.
HR 1000. By Representatives Martin of the 47th, Burkhalter of the 50th and Jones of the 46th:
A RESOLUTION recognizing William "Dexter" Fowler; and for other purposes.
HR 1001. By Representative Hatfield of the 177th:
A RESOLUTION commending George F. Barnhill, First Place winner at the

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state level in the National History Day Competition; and for other purposes.
HR 1002. By Representative Hatfield of the 177th:
A RESOLUTION recognizing and commending Ware County Magnet School on its designation as a 2005 Georgia School of Excellence in Student Achievement; and for other purposes.
HR 1003. By Representative Hatfield of the 177th:
A RESOLUTION commending Miss Evelyn Clark, Top Winner at the South Georgia College Regional Science and Engineering Fair; and for other purposes.
HR 1004. By Representative Smith of the 168th:
A RESOLUTION congratulating Miss Ashley Wynn Medders on her third state golf championship; and for other purposes.
HR 1005. By Representatives Buckner of the 76th, Dodson of the 75th and Barnes of the 78th:
A RESOLUTION commending Beazer Homes, a national homebuilder headquartered in Atlanta, Georgia; and for other purposes.
HR 1006. By Representative Golick of the 34th:
A RESOLUTION commending Honorable Debra Bernes; and for other purposes.
HR 1007. By Representatives Reece of the 11th, Smith of the 13th and Cummings of the 16th:
A RESOLUTION commending Hannah Morris; and for other purposes.
HR 1008. By Representative Drenner of the 86th:
A RESOLUTION recognizing and commending Betty Jean Walker for her contributions to civil rights and desegregation in the State of Georgia; and for other purposes.
HR 1009. By Representative Burns of the 157th:

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A RESOLUTION honoring Benjamin Olin "Ben" Boyd; and for other purposes.
HR 1010. By Representatives Golick of the 34th and Roberts of the 154th:
A RESOLUTION commending Rebecca Sullivan; and for other purposes.
HR 1011. By Representatives Graves of the 137th, Coan of the 101st and Keen of the 179th:
A RESOLUTION honoring Mr. Mark Martin and welcoming him to the Georgia state capitol; and for other purposes.
HR 1012. By Representatives Reece of the 11th, Loudermilk of the 14th, Smith of the 13th and Cummings of the 16th:
A RESOLUTION commending Katie Burnes; and for other purposes.
HR 1013. By Representatives Reece of the 11th, Smith of the 13th and Cummings of the 16th:
A RESOLUTION recognizing and commending Allien McNair for outstanding contributions to public education in the State of Georgia; and for other purposes.
HR 1014. By Representatives Parrish of the 156th, Burkhalter of the 50th and Coleman of the 144th:
A RESOLUTION recognizing and commending the culinary excellence of Ruth's Chris Steak House; and for other purposes.
HR 1015. By Representatives Davis of the 109th and Lunsford of the 110th:
A RESOLUTION recognizing Shane Thompson and Shane's Rib Shack; and for other purposes.
HR 1016. By Representatives Reece of the 11th, Smith of the 13th and Cummings of the 16th:
A RESOLUTION commending Ashleigh Huggins; and for other purposes.
HR 1017. By Representative Stephens of the 164th:

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A RESOLUTION commending Anthony (AJ) Britt on becoming an Eagle Scout; and for other purposes.
HR 1018. By Representative Ray of the 136th:
A RESOLUTION honoring Thomas Fibbe upon his retirement; and for other purposes.
HR 1019. By Representatives Heard of the 114th, Mangham of the 94th and Jackson of the 161st:
A RESOLUTION recognizing the Kappa Alpha Psi Fraternity, Inc.; and for other purposes.
HR 1020. By Representative Neal of the 1st:
A RESOLUTION commending and congratulating state wrestling champion Jake Edgeman; and for other purposes.
HR 1021. By Representative Reece of the 11th:
A RESOLUTION commending Miss Jennifer Pilgrim; and for other purposes.
HR 1022. By Representative Reece of the 11th:
A RESOLUTION commending Tony Kelly; and for other purposes.
HR 1023. By Representative Reece of the 11th:
A RESOLUTION commending Cody Evans; and for other purposes.
HR 1024. By Representative Reece of the 11th:
A RESOLUTION commending Jamey Alcorn; and for other purposes.
HR 1025. By Representative Golick of the 34th:
A RESOLUTION honoring the life of Jim Perry; and for other purposes.
HR 1026. By Representatives Abdul-Salaam of the 74th, Brooks of the 63rd, Thomas of the 55th, Orrock of the 58th, Porter of the 143rd and others:

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A RESOLUTION honoring Mrs. Coretta Scott King; and for other purposes.
HR 1027. By Representatives Henson of the 87th, Benfield of the 85th, Drenner of the 86th and Oliver of the 83rd:
A RESOLUTION honoring and commending Ken and Judy Hammett; and for other purposes.
HR 1028. By Representative Reece of the 11th:
A RESOLUTION commending Jacqueline Payne; and for other purposes.
HR 1029. By Representatives Martin of the 47th, Kidd of the 115th, Heard of the 114th and Smith of the 113th:
A RESOLUTION commending the 2004 University of Georgia Baseball Team and Head Coach David Perno for their outstanding season; and for other purposes.
HR 1030. By Representatives Hatfield of the 177th and Sims of the 169th:
A RESOLUTION celebrating the 105th birthday of Mr. Orbie Davis; and for other purposes.
HR 1031. By Representatives Butler of the 18th and Hembree of the 67th:
A RESOLUTION commending the West Georgia Braves Coed Cheerleading squad; and for other purposes.
HR 1032. By Representative Porter of the 143rd:
A RESOLUTION expressing appreciation to Senator Hugh Gillis for his support of Oconee EMC during his tenure of public service; and for other purposes.
HR 1033. By Representative Smith of the 168th:
A RESOLUTION commending Honorable Roy Moore and recognizing him as an honorary citizen of Georgia; and for other purposes.
HR 1034. By Representative Smith of the 168th:
A RESOLUTION commending Mr. Joe Sears; and for other purposes.

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The Speaker Pro Tem assumed the Chair.

The following Bills of the House were taken up for the purpose of considering the reports of the Committees of Conference thereon:

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.

Representative O`Neal of the 146th moved that the rule requiring Conference Committee Reports to lay on the desks for one hour be waived for this Bill.

The motion prevailed.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 538

The Committee of Conference on HB 538 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 538 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Casey Cagle Senator, 49th District

/s/ Willie Talton Representative, 145th District

/s/ Jack Hill Senator, 4th District

/s/ Roger Williams Representative, 4th District

/s/ Ronnie Chance Senator, 16th District

/s/ Larry O'Neal Representative, 146th District

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COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 538
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 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.

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(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. 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.

Representative O`Neal of the 146th moved that the House adopt the report of the Committee of Conference on HB 538.

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

Y Abdul-Salaam E Amerson E Anderson Y Ashe Y Barnard Y Barnes

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson

Y Holmes Y Holt Y Horne Y Houston Y Howard E Hudson

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw

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Y Bearden E Beasley-Teague E 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 E 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

Dodson Y Dollar E 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
Golick Y 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 Hugley Y 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 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

On the motion, the ayes were 154, nays 0.

Y Miller Y Mills Y Mitchell
Morgan Morris Y Mosby Y Mosley Y Mumford Y Murphy, J Y Murphy, Q Y Neal 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 E Rogers Y Royal Y Rynders

Y Sheldon Y Sims, C Y Sims, F Y Sinkfield E Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T E 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

The motion prevailed.

HB 48. By Representatives Golick of the 34th, Roberts of the 154th, O`Neal of the 146th, Chambers of the 81st and Jennings of the 82nd:

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

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Governors appointment power under certain circumstances; to repeal conflicting laws; and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 48

The Committee of Conference on HB 48 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 48 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Renee Unterman Senator, 45th District

/s/ Joe Wilkinson Representative, 52nd District

/s/ Don Balfour Senator, 9th District

/s/ Barry A. Fleming Representative, 117th District

/s/ John J. Wiles Senator, 37th District

/s/ Rich Golick Representative, 34th District

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 48

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 change certain provisions relating to the Ethics Commission; 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

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contributions or expenditures other than through candidates or campaign 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 cross-references; to create the Joint Legislative Ethics Committee; to provide for powers and duties of the committee; to provide for the initiation of complaints; 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.
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

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determination and hold the public officers accountable, the public must have reasonable 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 this state, or a county, or a municipal election in this state. (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 Code section, 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 this state, or a county, or a municipal election in this state. The term specifically shall not include the value of personal services performed by persons who serve without compensation from any 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 this state, or a county, or a municipal election in this state. The term specifically shall not include the value of personal services performed by persons who serve without compensation from any source and on a voluntary basis. The term 'expenditure' shall also include the payment of a qualifying fee for and 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, 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 contemplated in Code Section 21-5-33. (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, commission, 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 subsection (b) of Code Section 21-5-4, relating to the Ethics Commission, and inserting in lieu thereof the following:
"(b) There is created the State Ethics Commission, with such duties and powers as are set forth in this chapter. The commission shall be a successor to the State Campaign and Financial Disclosure Commission in all matters pending before the State Campaign and Financial Disclosure Commission on March 1, 1987, and may continue to investigate, prosecute, and act upon all such matters. The commission shall be governed by five members appointed as follows: three members, not more than two of whom shall be from the same political party, shall be appointed by the Governor, two for terms of three years and one for a term of two years; one member shall be appointed by the Lieutenant Governor Senate Committee on Assignments for a term of four years; and one member shall be appointed by the Speaker of the House of Representatives for a term of four years. The initial members shall take office on March 2, 1987. Upon the expiration of a members term of office, a new member, appointed in the same manner as the member whose term of office expired as provided in this subsection, shall become a member of the commission and shall serve for a term of four years and until such members successor is duly appointed and qualified. If a vacancy occurs in the membership of the commission, a new member shall be appointed to the unexpired term of office by the state official who appointed the vacating member. Members of the commission shall not serve for more than one complete term of office; provided, however, that the members of the State Campaign and Financial Disclosure Commission serving on March 1, 1987, shall be eligible for appointment as initial members of the State Ethics Commission."
SECTION 4. Said chapter is further amended by striking Code Section 21-5-5, relating to operating

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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 5. 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; (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 powers 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';

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(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 21-5-7.1, 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 21-5-7.1, 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 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

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request for the advisory opinion. The commission shall make all advisory opinions that were issued after January 9, 2006, publicly available for review and shall post these and all future opinions on the commissions website and the commission shall make all advisory opinions that were issued prior to January 9, 2006, publicly available for review and shall post these 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 occurrence of a violation of the same provision and a civil penalty not to exceed $10,000.00 may be imposed for each third or subsequent occurrence of a violation of the same provision. 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 the same 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. (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 of any rule or regulation duly issued by the commission or any order

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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 after January 9, 2006, publicly available for review and shall post these and all future orders on the commissions website and the commission shall make all advisory orders that were issued prior to January 9, 2006, publicly available for review and shall post these orders on the commissions website. Such orders shall serve as precedent for all future orders and opinions of the commission. (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 individuals employed, and the funds disbursed and to make such further report on the matters within its jurisdiction as may appear desirable.; (18) To carry out the procedures, duties, and obligations relative to the commission set forth in this chapter; (19) On a quarterly basis, to prepare, update, and publish a report and post such report on its website, listing the name of each filer who has not filed the most recent campaign contribution disclosure report required by Code Sections 21-5-34 and 21-534.1, the financial disclosure statement required by Code Section 21-5-50, or the disclosure report required by Code Section 21-5-73 within 30 days of the date such report was due to be filed; (20) To publish overall lobbyist spending by category. Such categories shall include gifts, meals, entertainment, office supplies, lodging, equipment, advertising, travel, and postage;

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(21) To promulgate rules and regulations with respect to electronic filings; and (22) To provide and conduct semiannual training on the mechanics of electronic filing and registration. (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 6. 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 produce 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 two business days 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 7.

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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 a technical defect in a filing. For this purpose, a technical defect shall include, but not be limited to, 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, accounting errors, or any other similar defects; (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 the 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 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 technical defect 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 defect 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 a technical defect, make an amended filing, or demonstrate that there is no technical defect as alleged by the thirty-first day, the commission shall impose and collect an administrative fee not to exceed $50.00 per technical defect. For the purposes of the penalties imposed by this paragraph, the same error or inaccurate entry shall be considered a single technical violation if the error or inaccurate entry appears multiple times on a single report or causes further errors or inaccurate entries in that report or in any future reports; (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 a 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 Code section and any complaint relative to said filing shall be dismissed."
SECTION 8. 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.

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(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 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 9. 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 involving any person elected to serve for a term of two years, and any action alleging a violation of this chapter shall be commenced within five years after the date of filing of the first report containing the alleged violation involving any person elected to serve for a term of four years. 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 or Attorney General 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 10. 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.

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(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 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 and allocated 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. This subsection shall not apply to motor carriers whose rates are not regulated by the Public Service Commission. Any person who knowingly violates this

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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 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 11. 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 12. 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.

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(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 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 of such report 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 this state, or a county, or a municipal election in this state 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 for which the contribution has been accepted and 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 of his or her employer.

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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, 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 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

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(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. (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 two business days 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 two business days. Except as provided for electronic filing, the 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 two business days of a contribution must shall also be reported by facsimile, electronic transmission, or otherwise within those 48 hours two business days to the location where the original disclosure report for

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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 two business days 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 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 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 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 $25,000.00 or less in one calendar year.; and (3) Contributors who make contributions to only one candidate during one calendar year. (f)(1) Any independent committee which accepts contributions or makes expenditures for the purpose of affecting the outcome of an election or advocates the election or defeat of any candidate shall 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 two business days any contributions or expenditure of more than $1,000.00. The independent committee shall file a final report prior to December 31 of the 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.

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(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; (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

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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 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

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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 13. 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 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 the filer shall only submit to the commission a notarized affidavit

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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 filed. (g) The commission is authorized to promulgate rules and regulations to implement this Code section."
SECTION 14. 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 seek or accept a contribution or a pledge of a contribution to the member, the members campaign committee, or public officer elected state wide, or campaign committee of such public officer during a legislative session. (b) Subsection (a) of this Code section shall not apply to:
(1) The receipt of a contribution which is returned with reasonable promptness to the donor or the 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) The receipt of a contribution by a political party consisting of the proceeds from a dinner, luncheon, rally, or similar fundraising event in which a member of the General Assembly or a public officer elected state wide participates; or (3)(4) A judicial officer elected state wide or campaign committee of such judicial officer."
SECTION 15. Said chapter is further amended by striking 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

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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 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 16. 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;

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(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. (c) 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)(d) 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, 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 except as provided in subsection (h) of this Code section. (d)(e) 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)(f) 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)(g) The limits contribution limitations 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. (h) Any candidate or campaign committee who incurs loans on or after January 9, 2006, in connection with the candidates campaign for election shall not repay, directly or indirectly, such loans from any contributions made to such candidate or any authorized committee of such candidate after the date of the election for which the loan was made to the extent that such loans exceed $250,000.00. (g)(i) The contribution 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:

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(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)(j) The contribution 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)(k) 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."
SECTION 17. 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; provided, however, that in order to allocate contributions to a past election, the candidate shall have outstanding campaign debt from the previous election."

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SECTION 18. 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 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

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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 (B) Has a net fair market value of more than $20,000.00 $10,000.00; (4)(A) 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 $10,000.00. 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, and whether the fair market value is between (i) $10,000.00 and $100,000.00; (ii) $100,000.01 and $200,000.00; or (iii) more than $200,000.00; (B) Each tract of real property in which the candidate for public offices spouse or public officers spouse has a direct ownership interest as of December 31 of the covered year when that interest has a fair market value in excess of $10,000.00. The disclosure shall contain the county and state, general description of the property, and whether the fair market value is between (i) $10,000.00 and $100,000.00; (ii) $100,000.01 to $200,000.00; (iii) or more than $200,000.00; (5) The filers occupation, employer, and the principal activity and address of such employer; (6) The filers spouses name, occupation, employer, and the principal activity and address of such employer; (7) The names of the filers dependent children; (8) The name of any business or subsidiary thereof or investment, exclusive of the individual stocks and bonds in mutual funds, in which the filer, jointly or severally, owns a direct ownership interest which interest:

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(A) Is more than 5 percent of the total interests in such business or investment, exclusive of the individual stocks and bonds in mutual funds; or (B) Has a net fair market value of more than $10,000.00; (9) If the filer has actual knowledge of such ownership interest, the name of any business or subsidiary thereof or investment, exclusive of the individual stocks and bonds in mutual funds, 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 investment, exclusive of the individual stocks and bonds in mutual funds; or (B) Has a net fair market value of more than $10,000.00 or in which the filers spouse or any dependent child serves as an officer, director, equitable partner, or trustee; (5)(10) 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)(11) 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 (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

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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. (e) Where the financial disclosure statements required by paragraph (1) of subsection (a) of this Code section are 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 file 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.

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(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 19. 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 the notarized financial disclosure affidavit 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 proof of filing. (b) It shall be the duty of the commission or any other officer or body which receives for filing any 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 20. 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: (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 to public employees and to public officers in the performance of their duties;

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(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 electronically delivered to the commission or 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) 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)

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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.; (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; or (H) Any natural person who, for compensation, either individually or as an employee of another person, is hired specifically to undertake to promote or oppose the passage of any rule or regulation of any 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 21. 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 administration of this article is vested in the State Ethics Commission commission. The

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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) or (H) 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 applicant is registering if such individual or entity has agreed to pay him or her an amount exceeding $10,000.00 in a calendar year for lobbying activities. (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), (6), and (7) 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. (2) The commission shall collect the following fees:

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(A) Annual lobbyist registration filed pursuant to this Code section ............ $200.00
(B) Lobbyist supplemental registration filed pursuant to this Code section 10.00
(C) Each lobbyist identification card issued pursuant to this Code section 5.00
(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, a color photograph of the lobbyist, and the person or agency such lobbyist represents, provided that, when any such person represents more than one entity, such identification card shall have printed thereon the name of the registered person and the word 'LOBBYIST.' Each lobbyist while engaged in lobbying at the capitol or in a government facility shall display said identification in a readily visible manner. (h) The commission shall regularly publish 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) Any 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 the General Assembly; and other services of like character intended to reach the

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reason of the legislators."
SECTION 22. 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), (G), or (H) 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 and a summary of all spending classified by category. Such categories shall include gifts, meals, entertainment, lodging, equipment, advertising, travel, and postage; (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 (E) If applicable, the rule or regulation number or description of the rule or regulation pending before the state agency in support of or opposition to which the expenditure was made; (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. 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; and (3) For those who are lobbyists within the meaning of subparagraph (H) of paragraph (5) of Code Section 21-5-70, the name of the individual or entity for which the lobbyist undertook to influence the rule or regulation of a state agency. (f) The reports required by this article shall be in addition to any reports required under Code Section 45-1-6, relating to required reports by state vendors of gifts to public employees. Compliance with this Code section shall not excuse noncompliance with that Code section, and compliance with that Code section shall not excuse noncompliance with this Code section, notwithstanding the fact that in some cases the same information may be required to be disclosed under both Code sections."
SECTION 23. 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 for that business, firm, corporation, or agency.
21-5-75. (a) Except as provided in subsection (b) of this Code section, on and after January 8, 2007, persons identified in subparagraphs (A) through (D) of paragraph (22) of Code Section 21-5-3 and the executive director of each state board, commission, 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.

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(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 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 of 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 24. 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 25. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, 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."

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SECTION 26. Said title is further amended by adding another new part to the end of Article 2 of Chapter 10, relating to conflicts of interest, to read as follows:
"Part 6
45-10-90. As used in this part, the term:
(1) 'Committee' means the Joint Legislative Ethics Committee created under Code Section 45-10-91. (2) 'Member of the legislative branch of state government' means any person elected to the General Assembly and any person who, pursuant to a written or oral contract, is employed by the legislative branch of state government. (3) 'Speaker' means the Speaker of the House of Representatives.
45-10-91. (a) There is created the Joint Legislative Ethics Committee, with such duties and powers as are set forth in this part. The committee shall be a part of the legislative branch of state government. The committee shall be governed by ten members appointed as follows:
(1) Four members of the Senate, appointed by the President Pro Tempore of the Senate, two of whom shall be from the majority party and two of whom shall be from the minority party; (2) Four members of the House of Representatives, appointed by the Speaker, two of whom shall be from the majority party and two of whom shall be from the minority party; (3) The Speaker; and (4) The President Pro Tempore of the Senate. The Speaker and the President Pro Tempore of the Senate shall be nonvoting members of the committee except as provided in subsection (e) of this Code section. (b) Each legislative member of the committee shall serve for a term of two years concurrent with the term of his or her office. If a vacancy occurs in the membership of the committee, a new member shall be appointed by the state official to the unexpired term of office. The new member shall be selected in the same manner as provided in subsection (a) of this Code section. (c) The President Pro Tempore of the Senate and Speaker shall serve as cochairpersons. The President Pro Tempore of the Senate shall preside in oddnumbered years and the Speaker shall preside in even-numbered years. (d) The members shall not be compensated for their services but they shall be reimbursed in an amount equal to the per diem received by the General Assembly for each day or portion thereof spent in serving as members of the committee. They shall be paid their necessary traveling expenses while engaged in the business of the committee.

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(e) Six members of the committee constitute a quorum for the transaction of business. The vote of at least a majority of the members present at any meeting at which a quorum is present is necessary for any action to be taken by the committee. If a decision of the committee results in a tie vote, the Speaker shall cast the vote to break the tie if the subject of the complaint is a member of the Senate or a Senate staff member and the President Pro Tempore of the Senate shall cast the vote to break the tie if the subject of the complaint is a member of the House of Representatives or a House of Representatives staff member. No vacancy in the membership of the committee impairs the right of a quorum to exercise all rights and perform all duties of the committee. (f) If a complaint is filed alleging a violation by one of the members of the committee, the committee member shall recuse himself or herself and a temporary replacement member of the committee shall be appointed for the recused member. The replacement member shall be selected in the same manner as provided for in subsection (a) of this Code section. (g) Meetings of the members of the committee shall be held at the call of the presiding cochairperson.
45-10-92. The funds necessary to carry out this part shall come from the funds appropriated to and available to the General Assembly and from any other available funds. 45-10-93. (a) The committee is vested with the following powers:
(1) To meet at such times and places as it may deem necessary; (2) 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 part; (3) To employ an executive director and such additional staff as the committee deems necessary to carry out the powers delegated to the committee by this part; (4) To summons any person to appear, give sworn testimony, or produce documentary or other evidence; (5) To adopt such rules and regulations as are necessary to carry out the purposes of this part; and (6) To do any and all things necessary or convenient to enable it to perform wholly and adequately its duties and to exercise the powers granted to it. (b) The committee shall have the following duties: (1) To advise and assist the General Assembly in establishing rules and regulations relating to conflicts between the private interests of a member of the legislative branch of state government and the duties as such; (2) To receive and investigate all complaints alleging a violation of the rules and regulations established by the committee; (3) To prescribe forms to be used in complying with this part; (4) To adopt a retention standard for records of the committee;

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(5) To prepare and publish an annual report for the General Assembly summarizing the activities of the committee and recommending legislation that in its judgment will promote the purposes of this part;
(6)(A) To conduct an investigation of the merits of a written complaint by any person who believes that a violation of this part has occurred. 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 committee 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 committee may file a complaint charging violations of this part. Nothing in this Code section shall be construed to limit or encumber the right of the committee to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this part; (B) In any such investigation referenced in subparagraph (A) of this paragraph, until such time as the committee 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; (7) To report suspected violations of law to the appropriate law enforcement authority; (8) With respect to matters involving the legislative branch of state government, to investigate upon a written complaint any illegal use of state employees in a political campaign by any candidate; (9) To issue, upon written request, written advisory opinions, based on a real or hypothetical set of circumstances. The committee shall make all advisory opinions publicly available for review. No liability shall be imposed for any act made in conformity with a written advisory opinion issued by the committee that is valid at the time of the act; and (10) With respect to punishment for violations by employees of the legislative branch of state government other than members of the General Assembly, the committee may order the violator to cease and desist from committing further violations and may issue employment related sanctions against such employee, including but not limited to reprimand, suspension, demotion, and termination; with respect to members of the General Assembly, the committee may make recommendations to the respective house of the type of punishment to be imposed. (c) The committee shall designate the place where members of the public may file papers or correspond with the committee and receive any form or instruction from the committee. The committee shall preserve all complaints, statements, and other documentation received or generated by the committee.
45-10-94. The committee shall not initiate any investigation or inquiry into any matter under its jurisdiction based upon the complaint of any person unless that person shall produce the

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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 committee within five business days of the committees receipt of such complaint. Nothing contained in this Code section, however, shall be construed to limit or encumber the right of the committee to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this part."

SECTION 27. 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 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 28. The provisions of this Act shall not apply to any violation occurring prior to January 9, 2006.

SECTION 29. This Act shall become effective on January 9, 2006.

SECTION 30. All laws and parts of laws in conflict with this Act are repealed.

Representative Richardson of the 19th moved that the House adopt the report of the Committee of Conference on HB 48.

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

Y Abdul-Salaam E Amerson E Anderson Y Ashe Y Barnard Y Barnes

Y Crawford Y Cummings Y Davis Y Day Y Dean Y Dickson

Y Holmes Y Holt Y Horne Y Houston Y Howard E Hudson

Y Maxwell Y May Y McCall Y McClinton Y Meadows Y Millar

Y Sailor Y Scheid Y Scott, A Y Scott, M Y Setzler Y Shaw

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Y Bearden E Beasley-Teague E 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 E 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

Dodson Y Dollar E 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 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 Hugley Y 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 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

On the motion, the ayes were 160, nays 1.

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
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 E Rogers Y Royal Y Rynders

Y Sheldon Y Sims, C Y Sims, F Y Sinkfield E Smith, B Y Smith, L Y Smith, P Y Smith, R Y Smith, T E 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 Y Richardson, Speaker

The motion prevailed.

The Speaker assumed the chair.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following bills of the House:

HB 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

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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.
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.
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.
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.
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.

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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.
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.
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.
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.
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.

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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.
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.
HB 708. By Representatives Jackson of the 161st, Bryant of the 160th, Bordeaux of the 162nd, Stephens of the 164th and Carter of the 159th:
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.
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.
HB 736. By Representatives Byrd of the 20th, Hill of the 21st, Scheid of the 22nd and Murphy of the 23rd:

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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.
HB 744. By Representatives Ray of the 136th and James of the 135th:
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.
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.
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.
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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HB 818. By Representatives Dickson of the 6th, Williams of the 4th and Forster of the 3rd:
A BILL to be entitled an Act to create the Dalton-Whitfield Economic Development 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 economic development in Dalton and Whitfield County, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the membership 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.
HB 826. By Representative Lord of the 142nd:
A BILL to be entitled an Act to amend an Act providing for a board of commissioners of Jefferson County, approved February 23, 1984 (Ga. L. 1984, p. 3627), as amended, so as to provide conditions for the board of commissioners to convey title to or lease county-owned real property which is being used as a solid waste landfill; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 828. By Representatives Fleming of the 117th, Harbin of the 118th and Burmeister of the 119th:
A BILL to be entitled an Act to make provisions for the Magistrate Court of Columbia County; to provide for qualifications for the office of chief magistrate and magistrate; to provide for exceptions; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 830. By Representative Ray of the 136th:
A BILL to be entitled an Act to create a board of elections and registration for Crawford County and 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 personnel, including a chief election official, and compensation; to provide for the boards performance of certain functions and duties for certain

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municipalities; to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 835. By Representatives Brown of the 69th and Smith of the 70th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Heard County, approved April 4, 1991 (Ga. L. 1991, p. 3976), as amended, particularly by an Act approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 479), so as to provide for the election of members of the board of commissioners and the county chairman 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.
HB 836. By Representative Bridges of the 10th:
A BILL to be entitled an Act to amend an Act providing for the election of the members of the board of education of Habersham County, approved March 5, 1976 (Ga. L. 1976, p. 2708), as amended, so as to provide for the compensation of the members of such board; to provide for the automatic repeal of this Act; to repeal conflicting laws; and for other purposes.
HB 837. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to create the Stephens County School Building 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, charges, and earnings of the authority, contract payments to the authority, and other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, 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 fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to repeal conflicting laws; and for other purposes.
HB 844. By Representative Coleman of the 144th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Dodge County, approved March 6,

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1996 (Ga. L. 1996, p. 3507), as amended, so as to reapportion the education districts for election of the members of said board of education; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 852. By Representatives Crawford of the 127th and Cole of the 125th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Barnesville, approved March 11, 1987 (Ga. L. 1987, p. 3865), as amended, particularly by an Act approved April 5, 1993 (Ga. L. 1993, p. 4957), so as to provide new districts for councilmembers; to provide for definitions and inclusions; to provide for continuation in office of current members of the council; to change provisions relating to wards; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
HB 853. By Representatives Harbin of the 118th, Fleming of the 117th and Burmeister of the 119th:
A BILL to be entitled an Act to authorize the governing authority of Columbia County 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.
HB 854. By Representatives Harbin of the 118th, Fleming of the 117th and Burmeister of the 119th:
A BILL to be entitled an Act to amend an Act to provide that certain officials of Columbia County who have served at least 15 years in office may, upon leaving office, continue to participate in the county health insurance program by paying the total cost of such participation, approved May 17, 2004 (Ga. L. 2004, p. 4472), so as to clarify that such Act applies to health insurance coverage for the officials as well as their spouses and dependents; to provide for related matters; to provide for intent; to repeal conflicting laws; and for other purposes.
HB 855. By Representatives Harbin of the 118th, Fleming of the 117th and Burmeister of the 119th:
A BILL to be entitled an Act to amend an Act to create a board of elections for Columbia County and provide for its powers and duties, approved March

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23, 1993 (Ga. L. 1993, p. 4180), so as to revise certain term limitations on members of the board; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 859. By Representatives Lane of the 167th, Keen of the 179th and Hill of the 180th:
A BILL to be entitled an Act to amend an Act relating to the Glynn County Board of Elections and Registration, approved March 24, 1994 (Ga. L. 1994, p. 3977), so as to change provisions relating to the selection of members of the board; to provide for one member to be appointed by the board of commissioners of Glynn County rather than the grand jury; to provide for the current member in that position to complete his or her current term of office; to provide for related matters; to provide for submission under the federal Voting Rights Act; to repeal conflicting laws; and for other purposes.
HB 862. By Representative Hatfield of the 177th:
A BILL to be entitled an Act to amend an Act creating the State Court of Ware County, formerly the City Court of Waycross, approved December 11, 1897 (Ga. L. 1897, p. 510), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4082), so as to provide for the compensation of the solicitor-general and the judge of said court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 863. By Representatives Scott of the 153rd and Roberts of the 154th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners for Tift County, approved August 9, 1917 (Ga. L. 1917, p. 396), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 4015), and an Act approved March 28, 1985 (Ga. L. 1985, p. 4875), so as to repeal a requirement that certain commissioners must resign on or before a certain date in order to run for chairperson of the board of commissioners; provide that the board of commissioners of Tift County may establish procedures relative to competitive bids on county purchases of new material, supplies, and equipment and contracts for county work; to provide for public inspection; to repeal conflicting laws; and for other purposes.
HB 866. By Representatives Forster of the 3rd and Dickson of the 6th:
A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Catoosa County, Georgia, approved March 30, 1993 (Ga. L. 1993, p. 4258), as amended, so as to revise the districts for the election of m of

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the board of education; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
HB 867. By Representatives Forster of the 3rd and Dickson of the 6th:
A BILL to be entitled an Act to amend an Act creating the office of commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 876. By Representative Davis of the 109th:
A BILL to be entitled an Act to create the Henry County Governmental Services Authority; to provide for a short title; to provide for the appointment of members of the authority; to confer powers upon the authority including the power to acquire, lease, construct, install, maintain, and equip certain public service facilities within the limits of Henry County, Georgia; to authorize the issuance of revenue bonds of the authority from the revenues, tolls, fees, charges and earnings, of the authority, contract payments to the authority and from other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, earnings, and contract payments of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; to repeal conflicting laws; and for other purposes.
HB 885. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act establishing a board of education of Coffee County, approved March 10, 1970 (Ga. L. 1970, p. 2441), as amended, particularly by an Act approved October 25, 2001 (Ga. L. 2001, Ex. Sess., p. 755), so as to provide that the members of the board of education shall be elected in nonpartisan elections; to provide for related matters; to provide for preclearance of this Act pursuant to the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

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The Senate has adopted by the requisite constitutional majority the following resolutions of the House:

HR 856. By Representatives Day of the 163rd, Ralston of the 7th, Keen of the 179th, Harbin of the 118th, Jamieson of the 28th and others:

A RESOLUTION designating the first week of April each year as "Living Will Week" in Georgia; and for other purposes.

HR 952. By Representative Keen of the 179th:

A RESOLUTION relative to adjournment; and for other purposes.

The Senate has agreed to the House substitutes to the following bills of the Senate:

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 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 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;

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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 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 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.

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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.
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 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.
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:
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

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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 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.
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 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.

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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.
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 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

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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 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.
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 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 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.,

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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 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:
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 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 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

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4523

1 of Chapter 5 of Title 46 of the O.C.G.A.; 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; 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 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 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.

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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 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 295. By Senator Williams of the 19th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Jeff Davis County, approved March 25, 1958 (Ga. L. 1958, p. 3288), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
SB 323. By Senator Williams of the 19th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Jeff Davis County, approved March 27, 1972 (Ga. L. 1972, p. 2760), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
SB 339. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as

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4525

amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4327), so as to provide for an increase in the compensation of the clerk of the state court; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 343. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4331), so as to change the compensation of the judge of the probate court; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 351. By Senator Kemp of the 46th:
A BILL to be entitled an Act to amend an Act establishing a City Court in the County of Clarke, formerly known as the State Court of Clarke County, Georgia, approved September 9, 1879 (Ga. L. 1878-79, p. 291), as amended, now known as the State Court of Athens-Clarke County, as redesignated by an Act approved March 2, 1990 (Ga. L. 1990, p. 3560), so as to authorize the court to charge a technology fee for each civil case filed and each criminal fine imposed; to specify the uses to which said technology fees may be utilized; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House amendments to the following bills of the Senate:
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 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

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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.
The Senate has agreed to the House substitutes to the following resolutions 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.
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.
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.
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.
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 adopted the report of the Committee of Conference on the following bills of the Senate and House:

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4527

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.
HB 48. By Representatives Golick of the 34th, Roberts of the 154th, O`Neal of the 146th, Chambers of the 81st and Jennings of the 82nd:
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.
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.
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.
Representative Keen of the 179th moved that the House do now adjourn sine die, and the motion prevailed.
Pursuant to HR 952, adopted by the House and Senate, the Speaker announced the House adjourned sine die.

INDEX TO JOURNAL

OF THE

HOUSE OF REPRESENTATIVES

REGULAR SESSION

2005

PART I PART II PART III PART IV PART V -

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

HOUSE JOURNAL
PART I
HOUSE AND SENATE BILLS AND RESOLUTIONS
A
ABANDONMENT, MOTOR VEHICLES Motor vehicles; abandonment; certain definitions and provisions.........................HB 880 Private property; provisions regulating removal and storage of certain vehicles; exempt churches................................................................... SB 130
ABORTION Crimes; make abortion unlawful ..............................................................................HB 93 Facilities; certain medical equipment; certain procedures; requirements.........................................................................................................HB 888 Special license plates; Choose Life, Inc. .................................................................. SB 69 Women's Informed Consent Protection Act; enact ................................................HB 156 Woman's Right to Know Act; enact .......................................................................HB 197
ACCOUNTANTS Accountants; licensing board; remove Code references to registered public accountants................................................................................. SB 55 State Accounting Office; create..............................................................................HB 190 State Accounting Office; create..............................................................................HB 293
ADAM POOLE VANDIVER MEMORIAL BRIDGE; designate ......................HR 485
ADJOURNMENT Adjournment; relative to........................................................................................... SR 19 Adjournment; relative to...........................................................................................HR 68 Adjournment; relative to.........................................................................................HR 198 Adjournment; relative to.........................................................................................HR 392 Adjournment; relative to.........................................................................................HR 487 Adjournment; relative to.........................................................................................HR 605 Adjournment; relative to.........................................................................................HR 952
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4532

INDEX

ADMINISTRATIVE PROCEDURE Environmental protection; permits; appeals; stays................................................. SB 190 State Registry Study Commission; create ..............................................................HR 296
ADMINISTRATIVE SERVICES, DEPARTMENT OF Georgia Procurement Registry; certain bid advertisements; local governments ................................................................................................HB 833 State Accounting Office; create..............................................................................HB 190 State Accounting Office; create..............................................................................HB 293 State and local government purchasing contracts; preference for Georgia products and vendors..........................................................................HB 91 State departments; revisions and transfer of powers and duties.............................HB 312 State property and space management; comprehensive revision of provisions........................................................................................... SB 158
ADMINISTRATORS AND EXECUTORS (See Wills, Trusts, and Administration of Estates)
ADMIRAL JOHN HENRY TOWERS; portrait in state capitol...........................HR 824
ADOPTION Educational and living expense grants; foster and adopted children; eligibility..............................................................................................................HB 272
AD VALOREM TAX Appraisal value; owner's acquisition cost - CA........................................................HR 85 Bona fide conservation use property; breach of covenant; exceptions ................................................................................................................HB 1 County boards of equalization; appeals to superior courts; repeal right ...........................................................................................................HB 896 County tax assessors; property valuation appeal; change certain provision ..................................................................................................HB 560 County tax digest; assessed valuations...................................................................HB 516 Exemption; aircraft held in inventory;....................................................................HB 211 Exemption; certain charitable institutions; .............................................................HB 370 Exemption; certain income of nonprofit museums; referendum................................HB 3 Exemption; certain nonprofit museums; referendum .................................................HB 2 Exemption; farm equipment under lease purchase agreement ...............................HB 203 Exemption; veterans organizations.........................................................................HB 173 Georgia Public Revenue Code; repeal certain statutes and provisions ..................HB 556 Homeowner tax relief grants; tax executions; amend certain provisions...............HB 116 Homestead exemption; disabled veterans; increase ...............................................HB 803

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INDEX

4533

Homestead exemption; disabled veterans; surviving spouses who remarry.........................................................................................................HB 315
Homestead exemption; senior citizens; actual levy amount...................................HB 848 Homestead exemption; unremarried surviving spouse of deceased
spouse; provisions..................................................................................................HB 81 House Ad Valorem Inventory Tax Study Committee; create ................................HR 486 Limitations on millage rate or valuation increases - CA ............................................HR 1 Limitations on millage rate or valuation increases - CA ............................................HR 2 Limitations on millage rate or valuation increases - CA ............................................HR 3 Limitations upon rate of increase in property value - CA ......................................HR 162 Mobile homes; amend certain provisions...............................................................HB 739 Motor vehicles and mobile homes; registration provisions....................................HB 255 Property tax for education; replace with sales tax CA ..........................................HR 58 State and Local Tax Revision Act of 2005; enact ..................................................HB 488 Tangible property; eliminate ad valorem tax CA ................................................HR 634 Tax commissioners and tax collectors; tax sales proceeds;
ex officio sheriffs .................................................................................................HB 527 Tax levy; repeal certain provisions.........................................................................HB 849 Tax returns; real property and tangible personal property
located on premises of airports ............................................................................ SB 291
ADVERTISING Computer Security Act of 2005; enact ................................................................... SB 127 Outdoor advertising; certain adult entertainment; prohibit signs ...........................HB 519
AGED (See Elderly)
AGENCIES (See Named Agency or State Government)
AGRICULTURE Ad valorem tax; exempt farm equipment under lease purchase agreement...........HB 203 Bona fide conservation use property; breach of covenant; exceptions ......................HB 1 Dealers in agricultural products; surety bond requirements; amend ......................HB 422 Deer farming; change certain provisions................................................................HB 824 Fertilizer; preempt certain local ordinances; exemptions......................................... SB 88 Highways; vehicles hauling certain products; weight limitation variance; violations; fines ....................................................................................HB 279 Joint "Future of Georgia Forestry" Study Committee; create .................................. SR 54 Joint Agricultural Education Study Committee; create............................................HR 50 Leaf tobacco sales and storage; grading; repeal certain provision ......................... SB 290 Nuisances; agricultural facilities; define; include processing of poultry by-products and meat by-products ............................................................ SB 26 Nuisances; agricultural operations; include wildlife habitat and hunting ..............HB 261

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4534

INDEX

Sales tax exemptions; charitable sales to child care service providers; fuel sales for crop irrigation.................................................................................HB 487
Seed laws; preempt certain local ordinances; exemptions ....................................... SB 87 State budgeting; comprehensive revision of provisions; legislative
budget offices....................................................................................................... SB 254
AIRLINES AND AIRPORTS (See Aviation)
AIR POLLUTION Environmental protection; permits; appeals; stays................................................. SB 190 Public road funds; allocation and balancing; exempt certain projects ...................HB 723
ALCOHOLIC BEVERAGES AND ALCOHOLISM Alcoholic beverages; counterfeiting, forging, or reuse of tax stamps; repeal provisions ..................................................................................................HB 558 Alcoholic beverages; furnishing to underage persons; redefine offense................HB 563 Alcoholic beverages; municipal or county licenses; increase fee ..........................HB 720 Home rule; fixing hours of sale of alcoholic beverages; provisions ......................HB 717 Prohibit consumption; persons under 21; penalties................................................HB 565 Prohibit purchasing; persons under 21; penalties ...................................................HB 564
ALIENS Georgia Taxpayer and Citizen Protection Act; enact .............................................HB 911 Governmental agencies; prohibit employment of persons illegally in country ...............................................................................................HB 177 Illegal aliens; bar from receiving public funded services - CA..............................HR 256 State Planning for Increased Community Access Act; enact .................................HB 680
ALIMONY AND CHILD SUPPORT Child support; debt to state for unreimbursed public assistance payments; negotiation, waiver, or reduction.......................................................... SB 52 Child support; failure to comply; imprisonment ....................................................HB 800 Child support; guidelines; basic obligation amounts; Child Support Commission; create................................................................................HB 221 Child support; mentally or physically disabled child beyond age of majority .....................................................................................................HB 142 Divorce; certain education classes required; change certain time limits .............................................................................................................. SB 25 Paternity; legitimation proceedings .......................................................................... SB 53
A. L. STEPP INTERCHANGE; designate ............................................................HR 231
AMBULANCES (See Emergencies and Emergency Services)

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INDEX

4535

AMENDMENTS TO THE CONSTITUTION (See Constitutional Amendments)
AMUSEMENTS Coin operated amusement machines; change certain provisions ...........................HB 123
ANATOMICAL GIFT ACT Drivers' licenses; anatomical gifts; wording of notation affixed to license ..............................................................................................................HB 471
ANIMALS Animal protection; impounded animal; amend provisions ....................................HB 735 Animals; amend provisions relating to bird dealers or pet dealers ........................HB 108 Animal shelters; sterilization of cats and dogs; penalty for noncompliance.....................................................................................................HB 249 Deer farming; change certain provisions................................................................HB 824 Deer Management Act of 2005; weapons; limits; hunting with dogs; donation of certain deer to charitable organizations............................................ SB 201 Dog and cat sterilization fund; contributions; state income tax returns ............................................................................................................HB 452 Dog fighting; prohibit; punishments; amend provisions ........................................HB 734 Green Tree Frog; designate as official state amphibian ........................................... SB 41 House Study Committee on Pari-mutuel Betting on Horse Racing; create ......................................................................................................HR 519 Hunting deer with dogs; certain private land; license; provide..............................HB 484 Hunting deer with dogs; open seasons; amend certain provisions .........................HB 503 Hunting; state land management; hunting deer with dogs; permits ....................... SB 206 Nuisances; companion animal establishment; immunity from civil or criminal action under certain conditions ................................................. SB 111 Pari-mutuel betting; remove prohibition; taxation; dedication of revenue - CA......................................................................................................HR 90 Pit bull dogs; define terms; prohibit possession; exceptions....................................HB 78 Veterinarians; boarders of animals; liens for treatment..........................................HB 201 Wild animals; licenses and permits; amend lists ....................................................HB 107
APPALACHIAN JUDICIAL CIRCUIT Judicial Circuits; Appalachian, Cherokee, Flint, Gwinnett, and Southern Circuits; add judgeships ..................................................................HB 97
APPEAL AND ERROR Child support guidelines; basic obligation amounts; Child Support Commission; create................................................................................HB 221 Civil practice; class action certification; appellate procedures ................................ SB 19

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4536

INDEX

Criminal Justice Act of 2005; enact .......................................................................HB 170
APPROPRIATIONS AND FISCAL AFFAIRS Community Development Block Grant Program; urge support.............................HR 386 Employment security; amend certain provisions; Department of Labor; supplemental appropriation .................................................................HB 520 General appropriations; FY 2005-2006....................................................................HB 85 General appropriations; FY 2005-2006....................................................................HB 87 Legislative branch of government; amend budgetary provisions........................... SB 282 Planning and Budget, Office of; program budgeting; revenue shortfall reserve....................................................................................................HB 509 State agencies and officers; certain grants; prohibition; exceptions ...................... SB 154 State and federal highway funds; equal division among congressional districts; budgeting periods............................................................... SB 4 State budgeting; comprehensive revision of provisions; legislative budget offices ..................................................................................... SB 254 Supplemental appropriations; FY 2004-2005 ..........................................................HB 84 Supplemental appropriations; FY 2004-2005 ..........................................................HB 86
ARCHITECTS Managerial control over acquisition of professional services; amend provisions .................................................................................................HB 155
ARTS Museum Property Act; enact .................................................................................. SB 195 Reece, Byron Herbert; honor as "Georgia's Appalachian Poet/Novelist" ......................................................................................................HR 297 Special license plates; promoting the arts in Georgia ............................................HB 506 Ticket brokers; amend regulating provisions .........................................................HB 318 Valdosta State University's Peach State Summer Theatre; designate official musical theatre ........................................................................HB 343 Valdosta State University's Peach State Summer Theatre; designate official musical theatre ..........................................................................HR 84
ASSAULT AND BATTERY Female genital mutilation; define offense; penalties; exceptions.............................HB 10 Feticide; redefine manslaughter, assault, battery; define unborn child .........................................................................................................HB 243
ATHENS, CITY OF Athens-Clarke County; state court; authorize technology fee................................ SB 351

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INDEX

4537

ATHLETIC TRAINERS Athletic trainers; service in schools; licensing requirements; exception................HB 217
ATKINSON COUNTY; board of education; compensation...................................HB 507
ATLANTA JUDICIAL CIRCUIT Family Court Division; Superior Court of Fulton County; pilot project ..........................................................................................................HB 296
ATTORNEY GENERAL Attorney General; consumer protection; initiate civil actions................................HB 646 Division of Archives and History; recognize religious heritage; provisions.............................................................................................................HB 914 Judicial Retirement System; dates and election for participation; amend...................................................................................................................HB 492 Oral or wireless transmissions; pen register or trap and trace device; judicial order ........................................................................................... SB 269
ATTORNEYS Civil practice; trial continuance; members of General Assembly; amend provisions .................................................................................................HB 716 Juvenile court; guardian ad litem; training for deprivation cases; exempt certain attorneys ......................................................................................HB 212 Law school graduates; state bar exam; Supreme Court powers .............................HB 150 Prepaid legal services plans; amend provisions .....................................................HB 375 Public defenders; indigent defense services; recovery of fees ............................... SB 203
AUDITS AND AUDITORS State Accounting Office; create..............................................................................HB 190 State Accounting Office; create..............................................................................HB 293
AUGUSTA, CITY OF Kiwanis Club of Augusta; recognize March 10, 2005, as Kiwanis Club of Augusta Day ...........................................................................................HR 234 Redevelopment powers law; exercise powers ........................................................HB 773
AUTHORITIES Ad valorem tax returns; real property and tangible personal property located on premises of airports ............................................................. SB 291 Environmental Facilities Authority; rename; amend provisions............................HB 436 Georgia Hospital Insurance Authority Act; enact ....................................................HB 72 Georgia Hospital Insurance Authority; enact ...........................................................HB 70 Georgia Transportation Infrastructure Bank Act; enact .........................................HB 137

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4538

INDEX

Health Care Bond Authority Act; enact .................................................................HB 198 Higher Education Assistance Corporation; Student Finance Authority;
Medical Center Authority; amend certain provisions..........................................HB 298 Highway Authority; one-time transfer of trust funds .............................................HB 525 Hotel-motel tax; review board; amend certain provisions .....................................HB 505 Housing authorities; private enterprise agreement .................................................HB 685 International and Maritime Trade Center Authority; membership.........................HB 526 Job Development Authority; promote creation and retention of jobs ....................HB 630 Joint emergency 911 system authorities; property tax exemption .........................HB 770 Joint emergency 911 system authorities; property tax; exemptions.......................HB 791 Open records; exempt certain motorist records of State Road and
Tollway Authority................................................................................................ SB 121 Optional employee benefit plans; certain governmental entities;
administrative fees ...............................................................................................HB 388 Rail Passenger Authority; commuter rail project; requirements
for expenditures ...................................................................................................HB 523 Setoff debt collection; claimant agencies; include public
housing authorities...............................................................................................HB 429 State agencies; reports to General Assembly; notification of
availability ............................................................................................................. SB 49 State and federal highway funds; equal division among
congressional districts; budgeting periods............................................................... SB 4 State Planning for Increased Community Access Act; enact .................................HB 680 State-wide tourism marketing program; Department of Economic
Development; state halls of fame ........................................................................ SB 125 Transportation projects; public-private initiatives; amend provisions ................... SB 270
AVIATION Ad valorem tax returns; real property and tangible personal property located on premises of airports ............................................................................ SB 291 Ad valorem tax; aircraft held in inventory; exclude...............................................HB 211 Airport firefighters; standards and training ............................................................ SB 308 Aviation fuel sales; urge Department of Transportation use funds for regional airport facilities ......................................................................HR 537 Butts County; regional airport; continue study ......................................................HR 677 Sales tax exemption; certain airline industry transactions .....................................HB 341 State-wide tourism marketing program; Department of Economic Development; state halls of fame ......................................................................... SB 125

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INDEX

4539

B
BACONTON, CITY OF; mayor and council; elections; terms ..............................HB 752
BAIL (BONDS AND RECOGNIZANCES) Bail bonds; fees of sureties .....................................................................................HB 594 Bail bondsmen; compensation; definition ..............................................................HB 592 Bail recovery agents; identification cards; requirements .......................................HB 596 Bonds or recognizances; forfeiture due to failure to appear; notice.......................HB 593 Bonds or recognizances; forfeiture proceedings; deportation ................................HB 591 Family violence protective orders and peace bonds; certain prohibitions .............HB 755 Juvenile proceedings; delinquent or unruly child; bail........................................... SB 136
BALDWIN COUNTY Homestead exemption; certain residents ................................................................ SB 358 Homestead exemption; certain residents ................................................................ SB 359 Probate court judge; nonpartisan elections............................................................. SB 297 Grant easements........................................................................................................ SR 80
BALL GROUND, CITY OF; mayor and council; four-year terms........................HB 783
BANKING AND FINANCE Accountants; licensing board; remove Code references to registered public accountants .................................................................................................. SB 55 Financial institutions; supplement definitions; amend provisions ........................... SB 82 Georgia Predatory Lending Prevention Act; enact.................................................HB 808 Georgia Transportation Infrastructure Bank Act; enact .........................................HB 137 Low-interest mortgage loans for certain government employees; provide - CA ........................................................................................................HR 903 Mortgage brokers; urge Governor and Department of Banking and Finance oversee.............................................................................................HR 822 Mortgage loan officers; definitions and provisions................................................HB 498 Pawnbrokers; amend certain provisions; provide for title pawn transactions ...........................................................................................................HB 675 Residential Mortgage Fraud Act; enact; include in racketeering activity definition................................................................................................. SB 100
BANKRUPTCY Debtor's residence; certain homestead exemption..................................................HB 679
BANKS COUNTY Family Connection Commission; membership ......................................................HB 838 Grant easements........................................................................................................ SR 80

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4540

INDEX

BARNESVILLE, CITY OF; council members; new districts................................HB 852
BARTOW COUNTY Chief magistrate; compensation .............................................................................HB 733 Convey property .....................................................................................................HR 166
BAXTER SHAVERS MEMORIAL INTERSECTION; designate .....................HR 200
BEER (See Alcoholic Beverages and Alcoholism)
BERRIEN COUNTY; board of elections and registration; create..........................HB 585
BIBB COUNTY; office of county surveyor; abolish...............................................HB 633
BICYCLES Motor vehicle accidents; injuries to motorcyclists; certain serious bodily injuries to persons; penalties ......................................................................HB 82 Pedestrian and bicycle paths; require Department of Transportation construct...............................................................................................................HB 926 Pedestrian and bicycle paths; require Department of Transportation construct...............................................................................................................HB 928
BILL ELLIOTT DAY IN GEORGIA Designate October 8 annually.................................................................................HR 570 Designate October 8 annually................................................................................. SB 168
BIOTERRORISM (See Terrorism)
BLASTING OPERATIONS Utility facility protection; comprehensive revision of provisions.......................... SB 274
BLIND PERSONS (See Handicapped Persons)
BLUE STAR MEMORIAL HIGHWAY IN PEMBROKE; designate ...............HR 173
BLYTHE, CITY OF Appointed officers and directors; removal from office .......................................... SB 357
BOARD OF REGENTS, UNIVERSITY SYSTEM OF GEORGIA Board of Regents and Association of Governing Boards; urge consultations ........................................................................................................HR 678 Board of regents; school or institution closing; repeal power of Governor ................................................................................................................HB 25

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4541

Dooley-Sanford Stadium; designate at University of Georgia.................................HR 13 Education degree programs; professional associations not a
condition of enrollment........................................................................................HB 553 Four-year college in Gwinnett County; approve creation ......................................HR 228 HERO (Helping Educate Reservists and their Offspring)
Scholarship; establish ............................................................................................ SB 43 House Study Committee on University System Institution
Foundations; create ..............................................................................................HR 679 State Law Library; repeal provisions; delete references in Code;
distribution of Georgia Laws and House and Senate Journals ............................ SB 216 Teacher education; urge inclusion of health and physical
education courses.................................................................................................HR 395 University System of Georgia; four-year college in Gwinnett
County; authorize Board of Regents to create....................................................... SR 33 University System of Georgia; urge closure on election day;
encourage students to work at polls.....................................................................HR 772 Vandiver, Governor Samuel E., Jr.; name building on
University of Georgia campus .............................................................................HR 821
BOATS Feticide; redefine manslaughter, assault, battery; define unborn child ..................HB 243
BONDS Dealers in agricultural products; surety bond requirements; amend ......................HB 422 Health Care Bond Authority Act; enact .................................................................HB 198 House clerk and Senate secretary; furnishing bonds; repeal provisions ................ SB 260 Property insurance; warranty service agreements; amend provisions....................HB 428 State and local governments; revenue bonds; interest rate management plan; derivative transactions........................................................... SB 227
BRANTLEY COUNTY; convey property ..............................................................HR 166
BREMEN, CITY OF; board of education; sole authority over budget...................HB 581
BRIDGES (See Highways, Bridges, and Ferries or Commemorative Resolutions and Designations)
BRONWOOD, CITY OF; new charter...................................................................HB 511
BROOKS COUNTY Negro Branch in Brooks County; rename Pride Branch ........................................HR 408 Nonpartisan elections..............................................................................................HB 532 Southern Judicial Circuits; judges; supplement compensation ..............................HB 610

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4542

INDEX

BRYAN COUNTY Homestead exemption .............................................................................................. SB 38 Homestead exemption .............................................................................................. SB 39 Homestead exemption; certain residents ................................................................HB 634 State and magistrate court; surcharge on fines .......................................................HB 901 State court; surcharge on fines................................................................................HB 902
BUDGET (See Appropriations and Fiscal Affairs)
BUFORD, CITY OF Ad valorem tax assessment; phase-in period..........................................................HB 641 Homestead exemption; full value of homestead for residents over age 70........................................................................................................... SB 247 Homestead exemption; municipal purposes ........................................................... SB 246 Homestead exemption; residents 70 years or older ................................................HB 642
BUILDINGS AND HOUSING Certificate of permanent location; manufactured homes; delete references to mobile homes ................................................................................. SB 253 Construction defect claim; fulfillment or settlement; provisions ...........................HB 307 Council on Affordable Housing; create....................................................................HB 39 Enhanced redevelopment powers; definitions and provisions ...............................HB 152 Home inspectors; definitions, documentation, and requirements; new provisions .....................................................................................................HB 903 Housing authorities; private enterprise agreement .................................................HB 685 Multidisciplinary Center for Affordable Housing; create within University System..................................................................................................HB 69 Residential and general contractors; licensure and regulation ............................... SB 124 Residential Mortgage Fraud Act; enact; include in racketeering activity definition................................................................................................. SB 100 Setoff debt collection; claimant agencies; include public housing authorities ............................................................................................................HB 429 State agencies; reports to General Assembly; notification of availability ............... SB 49 State budgeting; comprehensive revision of provisions; legislative budget offices....................................................................................................... SB 254
BURKE COUNTY; grant easements......................................................................... SR 80
BUSINESS AND OCCUPATION TAXES Assisted living facilities; Levels I and II; provisions .............................................HB 206 Certain regulatory fees by local governments ........................................................HB 304 Excise tax; hotels and motels; change certain definitions ......................................HB 120 Excise tax; motor vehicle rentals; change definitions ............................................HB 115

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4543

Excise tax; rental motor vehicles; gradual elimination ..........................................HB 136 Hotels and motels; 5 percent tax rate; counties promoting tourism;
conventions, trade shows ..................................................................................... SB 194 Hotel-motel tax; certain trails and walkways; expenditure
requirements; rates levied ....................................................................................HB 374 Hotel-motel tax; local governments; amend provisions.........................................HB 765 Hotel-motel tax; review board; amend certain provisions .....................................HB 505 Occupation taxes; administrative or regulatory fees; exemption
certification ..........................................................................................................HB 442
BUSINESS RECORDS Businesses that collect computerized data; disclose breach of security.................................................................................................................HB 648
BUTTS COUNTY Board of commissioners; compensation.................................................................HB 481 Regional airport; continue study.............................................................................HR 677
BYRON HERBERT REECE MEMORIAL HIGHWAY Dedicate portion of U. S. Highway 129 .................................................................HR 295

C
CAIRO, CITY OF; new charter ..............................................................................HB 816
CAMPAIGN AND FINANCIAL DISCLOSURE Campaign contributions; electronically filed disclosure reports; amend certain provision.......................................................................................HB 260 Campaign contributions; political parties; maximum allowable limits ........................................................................................................................HB 9 Ethics in government; amend provisions....................................................................HB 7 Ethics in government; amend provisions..................................................................HB 47 Ethics in government; comprehensive revision of provisions..................................HB 48 Maximum allowable campaign contributions; limitations; clarify provisions ...................................................................................................HB 46 Public Financing for Appellate Judicial Campaign Fund Act; enact .....................HB 102 Public officers and employees; certain promotions and campaign activities; prohibit ................................................................................................HB 145 Voluntary Contributions Act; enact........................................................................HB 153

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4544

INDEX

CANDIDATES Campaign contributions; electronically filed disclosure reports; amend certain provision.......................................................................................HB 260 Campaign contributions; political parties; maximum allowable limits......................HB 9 Elections and primaries; change form of official primary ballots............................HB 61 Elections and voting; amend provisions.................................................................HB 244 Elections; candidate qualification challenges; amend provisions ............................HB 66 Elections; nomination of candidates by petition; amend provisions ......................HB 927 Elections; withdrawal of candidates; amend provisions ..........................................HB 89 Ethics in government; amend provisions....................................................................HB 7 Public Financing for Appellate Judicial Campaign Fund Act; enact .....................HB 102 Truth in Representation Act of 2005; enact............................................................HB 365 Voluntary Contributions Act; enact........................................................................HB 153
CANTON, CITY OF; redevelopment powers.........................................................HB 736
CARROLL COUNTY; convey property ................................................................HR 166
CATOOSA COUNTY Board of commissioners; revise districts................................................................HB 867 Board of education; revise districts ........................................................................HB 866 Board of utilities commissioners; create ................................................................HB 877
CELLULAR TELEPHONES Bona fide conservation use property; breach of covenant; exceptions ......................HB 1 Cellular telephone service; certain requirements; provisions.................................HB 303 Income tax credits; certain counties; wireless telecommunications carrier ...................................................................................................................HB 536 Joint House and Senate Emerging Communications Technologies Study Committee; create...................................................................................... SR 298 Mobile phone usage in motor vehicles; Public Service Commission regulate - CA........................................................................................................HR 536 Motor vehicles; use of mobile phone; prohibit certain drivers...............................HB 322 Official Code of Georgia; change references to "911" to read 9-1-1 .....................HB 470 Telephone and telegraph service; Joint Study Committee; reconstitute ................HB 738 Wireless telephone service; directory information; certain consent of subscribers ......................................................................................................... SB 46
CEMETERIES Cemeteries and funeral services; amend certain provisions...................................HB 910 Georgia Cemetery and Funeral Services Act of 2000; repeal ................................HB 589 Georgia veterans cemeteries; interment; remove residency requirement...............HB 440

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4545

CENTERVILLE, CITY OF; corporate limits........................................................HB 247
CERTIFICATE OF TITLE (See Motor Vehicles and Traffic)
CERVICAL CANCER ELIMINATION TASK FORCE; create........................ SR 294
CHAPLAINS, HOUSE OF REPRESENTATIVES Baker, Rabbi Marc.............................................................................................. Page 2769 Bowen, Dr. David ................................................................................................. Page 821 Brady, Mother Mandy .......................................................................................... Page 304 Brantley, Reverend Lowery M. ............................................................................ Page 504 Campbell, Dr. David........................................................................................... Page 3009 Carson, Reverend Randy ...................................................................................... Page 270 Cooper, Dr. David................................................................................................. Page 639 Cregger, Reverend Clark ...................................................................................... Page 211 Curry, Reverend August T.................................................................................... Page 943 Davis, Bishop Lindsey.......................................................................................... Page 417 DeCelle, Dr. Doug ................................................................................................ Page 547 Elkins, Reverend Dr. Russ........................................................................................ Page 1 Glover, Reverend Randy .................................................................................... Page 1059 Godwin, Dr. Billy ................................................................................................. Page 111 Graves, Reverend Art ......................................................................................... Page 3248 Hattaway, Dr. Don.............................................................................................. Page 2325 Hill, Dr. Carl R. .................................................................................................... Page 176 Hill, Reverend Wilburn ...................................................................................... Page 1002 Holmes, Reverend Jim.......................................................................................... Page 197 Jenkins, Reverend Ricky .................................................................................... Page 2388 Johnson, Reverend Nancy .................................................................................. Page 1130 Jordan, Dr. Tom.................................................................................................... Page 592 Kennebrew, Reverend Andre ............................................................................. Page 2550 Long, Bishop Eddie L........................................................................................... Page 325 Lowery, Reverend Dr. Joseph E......................................................................... Page 1434 Matthews, Dr. Sam ............................................................................................. Page 1755 Moore, Reverend Tyson ....................................................................................... Page 228 Norwood, Reverend Bob .................................................................................... Page 2692 Perdue, Reverend Jim ........................................................................................... Page 244 Potts, Dr. Gregg. ................................................................................................... Page 799 Ray, Dr. Ken ........................................................................................................... Page 75 Ring, Reverend Carlton ...................................................................................... Page 4042 Sandler, Rabbi Neil............................................................................................... Page 891 Scott, Reverend Marlon ...................................................................................... Page 2592 Setzler, Reverend John ....................................................................................... Page 1236 Tate, Dr. Benny..................................................................................................... Page 167

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4546

INDEX

Vestal, Reverend Philip. ....................................................................................... Page 145 Walker, Dr. Richard.............................................................................................. Page 454 Yarborough, Reverend David................................................................................. Page 84
CHARITIES AND CHARITABLE SOLICITATIONS Ad valorem tax; certain charitable institutions; exemption....................................HB 370 Sales tax; exemptions for sales by child services agencies; clarify........................HB 541 Torts; nonprofit organizations or individuals financially sponsoring charitable fundraising events; immunity from civil liability ............................... SB 238
CHARLES BRADLEY MULLIS MEMORIAL BRIDGE Designate ................................................................................................................HR 238 Designate ................................................................................................................HR 269
CHATHAM COUNTY Board of elections and registration; amend provisions ..........................................HB 761 Chatham County and City of Savannah; board of education; nonpartisan election .............................................................................................HB 262 Convey property .....................................................................................................HR 166 Grant easements........................................................................................................ SR 80 International and Maritime Trade Center Authority; membership.........................HB 526 Recorder's court; impose technology fee................................................................HB 708
CHATTOOGA COUNTY; board of education; compensation..............................HB 485
CHECKS (See Banking and Finance)
CHEROKEE COUNTY Cherokee County Water and Sewerage Authority; compensation .........................HB 784 Cherokee County Water and Sewerage Authority; membership ...........................HB 845 Convey property .....................................................................................................HR 166
CHEROKEE JUDICIAL CIRCUIT Judicial Circuits; Appalachian, Cherokee, Flint, Gwinnett, and Southern circuits; add judgeships ...................................................................HB 97 Cherokee Judicial Circuit; add new judge..............................................................HB 204
CHILD ABUSE Aggravated child molestation; prosecution; amend time limitation.......................HB 169 Aggravated sodomy; change age limitation; provide for imposition of death penalty ..........................................................................................................HB 13

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4547

CHILD CUSTODY (Also, see Domestic Relations or Parent and Child) Child custody; certain actions; prohibitions ............................................................. SB 94 Legitimacy petition; father may establish paternity of child..................................HB 287 Parental rights; petitions to terminate; change provisions......................................HB 195
CHILD SUPPORT (See Alimony and Child Support)
CHILDREN AND YOUTH (See Minors)
CHIP RIDDLE MEMORIAL BRIDGE Designate ................................................................................................................HR 269 Designate ................................................................................................................HR 394
CHIROPRACTORS Board of examiners; additional authority ...............................................................HB 147 Board of examiners; additional authority ...............................................................HB 266 Change code references; chiropractic physicians...................................................HB 546 Revoke license or discipline licensee; additional grounds .....................................HB 377
CIGAR AND CIGARETTE TAXES (Also, see Tobacco and Tobacco Related Products) Excise tax; cigars and cigarettes; change definitions .............................................HB 124 House Study Committee on Tobacco Tax Evasion; create ....................................HR 428
CITY COURTS (See Courts or Municipalities)
CIVIL PRACTICE Civil practice; class action certification; appellate procedures ................................ SB 19 Civil practice, evidence, insurance, professions and businesses, torts; comprehensive revision of provisions relating to health care .................................. SB 3 Civil practice; offers of judgment; provide for procedures ....................................HB 574 Civil practice; process servers; secured communities; registration........................HB 705 Civil practice; production of documents; amend provisions..................................HB 912 Civil practice; settlement offers; litigation costs ....................................................HB 239 Civil practice; trial continuance; members of General Assembly; amend provisions .................................................................................................HB 716 Civil practice; venue; actions against joint defendants ..........................................HB 238 Civil practice; venue; actions against joint defendants ..........................................HB 573 Crime Victims Restitution Act of 2005; enact .......................................................HB 172 Judicial proceedings; professional malpractice cases; use of experts ....................HB 234 Medical malpractice; amend O.C.G.A. Titles 9, 24, 31 and 51 ...............................HB 56 Medical malpractice; health information; disclosure .............................................HB 575 Medical malpractice; procedures relating to actions ..............................................HB 571

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4548

INDEX

Paternity; legitimation proceedings .......................................................................... SB 53 Tax executions and judicial sales; prohibit certain sales; exceptions.......................HB 38 Tax executions; certain transfers; required notice; amend provisions ...................HB 447 Tax executions; prohibit sales ................................................................................HB 157 Tax executions; regulate transfers; prohibit certain sales.......................................HB 226
CLARKE COUNTY Athens-Clarke County; state court; authorize technology fee................................ SB 351 Convey property .....................................................................................................HR 166
CLAYTON COUNTY Board of commissioners; membership ...................................................................HB 806 Clayton County Water Authority; membership compensation ..............................HB 706 Martha K. Glaze Regional Youth Detention Center; designate ...............................HR 48 Probate court judge; compensation......................................................................... SB 343 Sheriff; compensation............................................................................................. SB 342 State court clerk; compensation.............................................................................. SB 339 State court judges and solicitor-general; compensation ......................................... SB 233 State court solicitor-general; authorize employment of personnel......................... SB 338 Superior court clerk; compensation........................................................................ SB 340 Tax commissioner; compensation .......................................................................... SB 345
CLAYTON JUDICIAL CIRCUIT District attorney; salary supplement ....................................................................... SB 355 Superior court judges; salary supplement............................................................... SB 341
CLERKS, SUPERIOR COURT Clerks of courts; documents and records; create and maintain digital copies ........................................................................................................HB 453 Clerks of superior court and coroners; qualifying; nonpartisan election ...............HB 403 Commercial Code; filing office for secured transactions; certain indigent defense fees............................................................................................HB 850 County officers; nonpartisan elections .....................................................................HB 63 County officers; nonpartisan elections; General Assembly provide by local law............................................................................................................HB 62 Dams; require Department of Natural Resources provide certain information to superior court clerks ....................................................................HB 496 Nonpartisan elections; include certain county officers...........................................HB 433 Notaries public; additional qualifications; applications; amend provisions.............................................................................................................HB 494 Superior Court Clerks' Cooperative Authority; invite delegates to House ............HR 948 Superior court clerk; serve in state, magistrate, and juvenile court of county ..............................................................................................................HB 475

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4549

Superior Court Clerks' Retirement; amend provisions...........................................HB 476 Superior Court Clerk's Retirement Fund; membership dues;
provisions.............................................................................................................HB 540 Superior Court Clerk's Retirement; survivors benefits; amend
provisions.............................................................................................................HB 809
CLINICAL LABORATORIES Clinical laboratories; technicians; degree of supervision ......................................... SB 51
COBB COUNTY Board of commissioners; compensation................................................................. SB 300 Chief deputy sheriff, investigator, executive assistant; compensation...................HB 454 Cobb County-Marietta Water Authority; immunity; amend provisions ................HB 522 Cobb County-Marietta Water Authority; membership, vacancy, quorum; amend provisions .................................................................................. SB 138 Convey property .....................................................................................................HR 239 Office of tax commissioner employees; compensation..........................................HB 663 Probate court; compensation of judge and clerk ....................................................HB 650 State court; clerk; chief deputy clerk; compensation .............................................HB 396 State court; compensation of judges and associate judges .....................................HB 397 State court solicitor-general and assistants; compensation .................................... SB 104 Superior court; clerk and deputy clerk; compensation ...........................................HB 776
COBB JUDICIAL CIRCUIT; judges; supplement................................................HB 456
CODE OF GEORGIA Code of Georgia; corrections....................................................................................HB 95 Code Titles 31, 44 and 49; conform references to House and Senate committee names......................................................................................HB 309 Elections Code; corrections ....................................................................................HB 199 Legislative branch of government; amend budgetary provisions........................... SB 282 Official Code of Georgia; change references to "911" to read 9-1-1 .....................HB 470 Retirement and Pensions Code; corrections ...........................................................HB 178
COFFEE COUNTY Board of education; nonpartisan election ...............................................................HB 822 Board of education; nonpartisan elections..............................................................HB 885 Board of elections and registration.........................................................................HB 673 Tax commissioner; salary .......................................................................................HB 674
COLBERT, CITY OF; extensive revision of city charter ...................................... SB 337

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4550

INDEX

COLLEGES Board of regents; school or institution closing; repeal power of Governor ................................................................................................................HB 25 Division I-A football playoff system; urge NCAA implement ..................................HR 8 Dooley-Sanford Stadium; designate at University of Georgia.................................HR 13 Educational and living expense grants; foster and adopted children; eligibility..............................................................................................................HB 272 Education degree programs; professional associations not a condition of enrollment........................................................................................................HB 553 Education loans; certain colleges; eligibility and requirements .............................HB 842 Four-year college in Gwinnett County; approve creation ......................................HR 228 HERO (Helping Educate Reservists and their Offspring) Scholarship; establish ................................................................................................................. SB 43 Higher Education Assistance Corporation; Student Finance Authority; Medical Center Authority; amend certain provisions..........................................HB 298 HOPE scholarships; definitions; quarter or semester hour limitation ....................HB 299 HOPE scholarships; eligibility; hour limits; amend provisions .............................HB 490 House HOPE Scholarship Program Study Committee; create ...............................HR 442 Joint Study Committee on the HOPE Scholarship Program; create.......................HR 443 Postsecondary education; grants to certain members of National Guard; provisions.................................................................................................HB 163 Public disclosure of records; postsecondary institutions; donors personal information ............................................................................................HB 340 Sales tax exemption; certain school clothes, supplies, computer items; limited time ..............................................................................................................HB 5 Tuition equalization grants; proprietary institutions ineligible ..............................HB 300 University System of Georgia; four-year college in Gwinnett County; authorize Board of Regents to create..................................................................... SR 33 University System of Georgia; urge closure on election day; encourage students to work at polls.....................................................................HR 772 Valdosta State University's Peach State Summer Theatre; designate official musical theatre ........................................................................HB 343 Valdosta State University's Peach State Summer Theatre; designate official musical theatre ..........................................................................HR 84
COLQUITT COUNTY County administrator; compensation......................................................................HB 751 Southern Judicial Circuits; judges; supplement compensation ..............................HB 610
COLQUITT, CITY OF Georgia's first "mural city"; commend ...................................................................HR 751 Georgia's First Mural City; designate.....................................................................HR 754

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4551

COLUMBIA COUNTY Board of education; amend provisions ...................................................................HB 839 Board of elections; terms ........................................................................................HB 855 Certain health insurance coverage..........................................................................HB 854 Chief magistrate and magistrate .............................................................................HB 828 Education districts; change description .................................................................. SB 312 Redevelopment powers law; exercise power..........................................................HB 853
COLUMBUS, CITY OF Columbus-Muscogee County; repeal certain Acts and constitutional amendments .........................................................................................................HB 271 National Infantry Museum property; Columbus-Muscogee County; cession of concurrent jurisdiction to the United States .......................................HB 420
COMMEMORATIVE RESOLUTIONS AND DESIGNATIONS Adam Poole Vandiver Memorial Bridge; designate ..............................................HR 485 A. L. Stepp Interchange; designate.........................................................................HR 231 Baxter Shavers Memorial Intersection; designate ..................................................HR 200 Blue Star Memorial Highway in Pembroke; designate ..........................................HR 173 Byron Herbert Reece Memorial Highway; dedicate portion of U. S. Highway 129...............................................................................................HR 295 Charles Bradley Mullis; Disabled American Veterans; Frank G. Harris; Parson H. F. Joyner; Chip Riddle; Martin Luther King, Jr., Blvd.; Mayor Johnny Bradfield; Roger Caudell; George Bentley; James D. (Jim) McGee; dedications and designations ...................................................HR 269 Charles Bradley Mullis Memorial Bridge; designate .............................................HR 238 Chip Riddle Memorial Bridge; designate...............................................................HR 394 DeWayne King, USMC, Memorial Bridge; designate.............................................HR 91 Fallen Troopers Memorial Highway and the Trooper Ronnie O'Neal Overpass; designate .................................................................... SR 304 Frank G. Harris Memorial Highway; designate .....................................................HR 280 Harry H. Eason Bridge; designate ..........................................................................HR 571 Jack Shearouse Bridge; designate.............................................................................HR 94 J. G. McCalmon Highway; designate....................................................................... SR 81 John Lee Drake, Sr., Highway; designate .............................................................. SR 282 Joseph Jones, Sr., Bridge; designate.......................................................................HR 825 Mack Mattingly Highway; designate ..................................................................... SR 305 Parson H. F. Joyner Memorial Bridge; designate in Rome....................................HR 393 Reverend George Vandiver Memorial Bridge; designate ......................................HR 484 Reverend George Vandiver Memorial Bridge; designate ......................................HR 723 Thomas B. Darieng, Sr., Highway; designate ........................................................ SR 280 Warren V. Johnson Bridge; designate ....................................................................HR 413 Wendell W. Thigpen Memorial Bridge; designate.................................................HR 201

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4552

INDEX

COMMENDS Aaron, Thomas Dean; commend ............................................................................HR 983 Action Ministries, Inc.; commend ..........................................................................HR 204 Adams, Bruce; commend .......................................................................................HR 694 Adams, Katy; commend .........................................................................................HR 681 Adams, Romeo; commend .......................................................................................HR 83 Adams, T. K. and Louise; commend ......................................................................HR 258 Addy, Dennis; commend ........................................................................................HR 561 Africa Society of The National Summit on Africa; commend...............................HR 447 Agel, J. Frederick; commend..................................................................................HR 424 Alan C. Hope HS rugby team, athletic director, and coaches; commend ..............HR 753 Albert, Kendall; commend .....................................................................................HR 441 Albrecht, Chef Paul Andrew; commend.................................................................HR 857 Alcorn, Jamey; commend .....................................................................................HR 1024 Aldridge, Maria D.; University System of Georgia Outstanding Scholar; commend...........................................................................HR 459 Aleshire, Christopher Evan; Eagle Scout; commend .............................................HR 126 Alpha Kappa Alpha Sorority; Xi Beta Omega Chapter; commend .........................HR 88 Alpharetta High School; commend ........................................................................HR 838 American Red Cross; recognizing March, 2005, American Red Cross Month; invite representatives to House.....................................................HR 388 Ancient Egyptian Arabic Order Nobles Mystic Shrine of North and South America; commend.............................................................................HR 876 Andary, Robert; Eagle Scout; commend ................................................................HR 206 Andrews, Calvin; commend .....................................................................................HR 82 Angelica, Dr. Salvatore; commend.........................................................................HR 317 Anthony, Lester; commend ....................................................................................HR 877 Appling, Donald; commend ...................................................................................HR 557 Archie, Deacon Shepherd; commend .....................................................................HR 333 Arizona Chemical; commend .................................................................................HR 787 Armstrong, Mary; commend ..................................................................................HR 761 Arts Clayton; commend..........................................................................................HR 423 Ashley, Carrie L.; University System of Georgia Outstanding Scholar; commend...........................................................................HR 467 Askew, Ashley; University System of Georgia Outstanding Scholar; commend...........................................................................HR 478 Atlanta Greek Orthodox Cathedral; recognize 100th anniversary .........................HR 992 Atlanta Motor Speedway Day at Capitol; recognize 3/16/05.................................HR 580 Auburn University football team; commend ..........................................................HR 211 Bacon County High School Red Raiders; commend .............................................HR 971 Bacon County High School Red Raiders; commend .............................................HR 977 Baker, Reverend Harold; commend .......................................................................HR 615 Banks, Ms. Willia; commend .................................................................................HR 707

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INDEX

4553

Barnett, Dr. Marsha; invite to House......................................................................HR 607 Barnhill, Ethan H.; commend .................................................................................HR 923 Barnhill, George F.; commend ...............................................................................HR 927 Barnhill, George F.; commend .............................................................................HR 1001 Barrett, Mary; commend.........................................................................................HR 556 Bartlett, Ashli Nicole; University System of Georgia
Outstanding Scholar; commend...........................................................................HR 464 Bates, Honorable Michael; commend ....................................................................HR 689 Beasley, Dr. John; commend ..................................................................................HR 744 Beazer Homes; commend .....................................................................................HR 1005 Beazley, Linda W.; commend ................................................................................HR 101 Benson, Bradley; invite to House ...........................................................................HR 250 Bentley, Fred D., Sr.; commend .............................................................................HR 232 Berkmar High School Academic Decathlon Team;
commend and invite to House .............................................................................HR 429 Bernes, Honorable Debra; commend....................................................................HR 1006 Berryman, Eric; commend......................................................................................HR 743 Bessent, Deacon William Edward; commend ........................................................HR 326 Bethany United Methodist Church; commend .......................................................HR 780 Bevington, Ms. Paula Lawton; commend ..............................................................HR 532 Biello, James J. "J. J."; commend.............................................................................HR 73 Bill Elliott Day in Georgia; designate October 8 annually.....................................HR 570 Birdsong, Representative Kenneth; commend .......................................................HR 991 Black, Mrs. Clemmie Adams; commend................................................................HR 600 Black Contractors Day in Georgia; declare February 10, 2005 .............................HR 298 Blackshear, Reverend Jesse Allen; commend ........................................................HR 587 Blairsville Scottish Festival and Highland Games; commend ...............................HR 500 Blakey, Jennifer; commend ....................................................................................HR 850 Blanchard and Calhoun Real Estate for its role in establishing
the Bartram Trail community; commend ............................................................HR 608 Blitch, Senator Peg; commend ...............................................................................HR 789 Blount, Judge Clarence; commend.........................................................................HR 885 Boatright, Neal and Danielle; commend ................................................................HR 398 Boles, Pastor Nathaniel N.; commend....................................................................HR 616 BOMA Atlanta; recognize 3/17/05 BOMA Day at Capitol ...................................HR 511 Bonner, Coach Norman; commend ........................................................................HR 720 Bonner, Mrs. Deane Thompson; commend............................................................HR 708 Bonnyman, Edward Hood; commend ....................................................................HR 860 Bowers, Teresa Velzy; University System of Georgia
Outstanding Scholar; commend...........................................................................HR 457 Boy Scout Day in Georgia; recognize March 1, 2005............................................HR 379 Boy Scouts of America; 95th anniversary; commend ............................................HR 808 Boyd, Benjamin Olin "Ben"; commend ...............................................................HR 1009

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4554

INDEX

Boyd, Olin "Ben"; commend..................................................................................HR 987 Boykin, Berl; commend..........................................................................................HR 907 Bradley, Coach Ronald; commend.........................................................................HR 764 Bramlett, Ashley; commend ...................................................................................HR 982 Branan, Jimmy; commend ......................................................................................HR 558 Branch, Deion; commend .......................................................................................HR 942 Brand Banking Company; commend .....................................................................HR 264 Brantley, Thomas Scott; Eagle Scout; commend ...................................................HR 769 Brantley County High School; commend staff.......................................................HR 818 Brantley County Middle School; principal, teachers, staff; commend ..................HR 799 Brigham, Debra, STAR Teacher, and Allyson Taft,
STAR Student; commend ....................................................................................HR 627 Britt, Anthony (AJ); Eagle Scout; commend........................................................HR 1017 Britt-Bickel, Rozine; commend................................................................................HR 22 Brittian, Mrs. Ocie; commend ................................................................................HR 715 Brooks, James Patrick; commend...........................................................................HR 891 Brooks, Pam; commend..........................................................................................HR 649 Brown, Ann and the Belvedere Civic Club; commend ..........................................HR 425 Brown, Lisa; commend...........................................................................................HR 360 Brown, Mrs. Eula; commend on 100th birthday ....................................................HR 436 Brown, Reverend Dr. Robert; commend ................................................................HR 654 Brown, Reverend Matthew Southall; commend.....................................................HR 595 Broxton, Reverend Pete; commend ........................................................................HR 662 Brumbeloe, Thomas; commend..............................................................................HR 287 Burmeister, Ashley; commend ...............................................................................HR 629 Burnes, Katie; commend ......................................................................................HR 1012 Burns, Danielle Pauline; University System of Georgia
Outstanding Scholar; commend...........................................................................HR 481 Burns, Reverend Rufus H.; commend ....................................................................HR 653 Burt, Daphne Elizabeth; commend.........................................................................HR 406 Buttrill, Judge Del; commend and invite to House ..................................................HR 59 Cagle's, Inc.; 60th anniversary; commend..............................................................HR 699 Cantrell, Doris R. "Dee"; commend .........................................................................HR 54 Caple, John and Janice; commend on 75th anniversary.........................................HR 701 Carlisle, Sheriff Billy; commend............................................................................HR 529 Carpenter, Sister Hattie Bessent; commend ...........................................................HR 325 Carroll, Rosa "Nell"; commend..............................................................................HR 371 Carrollton High School Competitive Cheerleading Squad and
coaches; commend on Class AAA State Championship .....................................HR 597 Carter, former First Lady Rosalynn; commend......................................................HR 614 Carter, President Jimmy; recognize and commend on the
commissioning of USS Jimmy Carter .................................................................HR 312 Casas, Jonathan David; commend ..........................................................................HR 498

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4555

Casas, Mary Elizabeth "Ellie"; celebrate birth .......................................................HR 440 Catchings, Bernard; commend ...............................................................................HR 135 Cawthon, Kaedy Leigh; University System of Georgia
Outstanding Scholar; commend...........................................................................HR 472 CDC Foundation; commend; recognize May 4, 2005 as
10th Anniversary of CDC Foundation in Georgia...............................................HR 223 Centre for Performing and Visual Arts of Coweta County
and Francoise Gilot; commend..............................................................................HR 15 Cespedes, Marilyn; commend ................................................................................HR 552 Charlton County High School football team and Head Coach
Rich McWhorter; invite to House........................................................................HR 603 Charlton County High School football team; commend ........................................HR 620 Cheever, Dr. Apostle Idell; commend ....................................................................HR 663 Cheevers, Cassandra Denise; University of Georgia
Outstanding Scholar; commend...........................................................................HR 451 Cherokee High School Warriors football team; commend ....................................HR 210 Cherokee High School Warriors football team; commend ....................................HR 292 Christian City and the Christian City Home for Children; commend ....................HR 277 Citizens Christian Academy Lady Patriots Basketball Team; commend...............HR 534 Claborn, Casey Benjamin; commend .....................................................................HR 930 Clark, Evelyn; commend ......................................................................................HR 1003 Clark, James David Keane; commend....................................................................HR 953 Clayton County Police Department; invite to House ...............................................HR 27 Clayton County Police Department's Highway Enforcement Against
Traffic unit and captain Tom Israel; invite members to House.............................HR 28 Clayton County's STAR students and STAR teachers; commend .........................HR 758 Clem, Shane; commend ..........................................................................................HR 316 Clements, Randy L.; commend ..............................................................................HR 628 Clergy Day at the Georgia State Capitol; recognize members
of the clergy; commend .......................................................................................HR 172 Climax, City of; 100th anniversary; commend ......................................................HR 521 Clinch County High School Panthers football team; commend.............................HR 299 Coalition of Labor Union Women; invite Georgia Chapter to House....................HR 368 Cobb County Master Gardeners; commend ...........................................................HR 778 Coleman, Robert C.; commend ..............................................................................HR 936 Collier, Audrey D.; commend ................................................................................HR 874 Collier, David Scott; University System of Georgia
Outstanding Scholar; commend...........................................................................HR 466 Collier, Dorothy Christine Kelly; commend ..........................................................HR 791 Collins Hill High School Lady Eagles basketball team; commend .......................HR 771 Collins Hill High School Wrestling Team; commend ...........................................HR 137 Colquitt, City of; Georgia's first "mural city"; commend.......................................HR 751 Colquitt, City of; Georgia's First Mural City; designate ........................................HR 754

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INDEX

Columbus Day at the Capitol; declare March 11, 2005 .........................................HR 390 Commerce competitive cheerleading team; commend...........................................HR 378 Community Health Centers Day; recognize February 3, 2005 ..............................HR 139 Cook, Ms. Roberta J.; commend ............................................................................HR 541 Cook, Terry; commend...........................................................................................HR 581 Cooksey, Natasha F.; commend .............................................................................HR 116 Cooper, Ethan; commend .......................................................................................HR 553 Cooper, Jeanne R.; University System of Georgia
Outstanding Scholar; commend...........................................................................HR 482 Coosa High School; commend and invite representatives to house.......................HR 111 Coosa High School; invite students, parents, teachers, and
administrators to House.......................................................................................HR 637 Coppage, Cindy; commend ....................................................................................HR 889 Cordele-Crisp County Fish Fry; invite cooking team to House .............................HR 194 Crawford County Middle School Student Council; commend...............................HR 828 Crews, Shirley; commend.......................................................................................HR 909 Crim, Matthew Tyler; University System of Georgia
Outstanding Scholar; commend...........................................................................HR 480 Crimm, Dr. Harlon; commend................................................................................HR 779 Crowe, Jessica; commend.......................................................................................HR 559 Culpepper, Travoris; commend ..............................................................................HR 965 Currington, Billy; commend...................................................................................HR 967 Curry, Michael E.; commend .................................................................................HR 177 Dade County High School softball team; invite members and
Head Coach Jill Higdon to House .......................................................................HR 569 Dahlonega/Lumpkin County; establish as Georgia's Premier
Sport Cycling Community ...................................................................................HR 563 Daniel, Woodson; commend ..................................................................................HR 309 Daniels, Ella Fair; celebrate 102nd birthday ..........................................................HR 956 Daniels, Jwaltney; commend ..................................................................................HR 315 Darnell, Harriet G.; condolences; H. G. Darnell Senior
Multipurpose Facility; commend.........................................................................HR 389 Davis, Orbie; commend on 105th birthday ..........................................................HR 1030 Davis-Morris, Pat; commend..................................................................................HR 898 Davis family; admire for courage; commend certain services ...............................HR 929 Day of Respect; recognize March 3, 2005 .............................................................HR 318 DeKalb County; commend citizens, employees, and public officials;
declare January 31, 2005 as "Flavor of DeKalb" Day at capitol .........................HR 110 Delta Sigma Theta Day; declare March 9, 2005; invite
representatives to House......................................................................................HR 278 Dent, Laura; commend ...........................................................................................HR 347 Denton, Helen; commend .......................................................................................HR 593 Derst Baking Company; commend.........................................................................HR 807

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4557

Dewberry, Willie E.; commend on 100th birthday ................................................HR 380 Dills, Christopher Shane; Eagle Scout; commend .................................................HR 183 District 65; recognize March 1, 2005, as Legislative Day at Capitol.....................HR 226 Dixon, Harry; commend .........................................................................................HR 740 Dixon, Reverend Dr. Carol E.; commend ..............................................................HR 617 Dobson, Jamey; Eagle Scout; commend ................................................................HR 966 Dorminy, Billy, certain Houston County program, and
director, Robert Getter; commend .......................................................................HR 854 Dorminy, Billy; commend ......................................................................................HR 979 Dorsey, Tywanda; commend ..................................................................................HR 560 Doster, Teresa; commend .......................................................................................HR 545 Dot Owens Realty, Inc.; commend.........................................................................HR 853 Doxley, Charles; University System of Georgia
Outstanding Scholar; commend...........................................................................HR 471 Drinkard, Melanie; commend.................................................................................HR 988 Duncan, Jeff; commend ..........................................................................................HR 431 Dunwoody High School basketball team; Class AAA State Championship; commend .......................................................................................HR 714 Durham, Brad, D.M.D.; congratulate .....................................................................HR 800 Dutton, Joe and Tracy; Dutton Estate Winery; Sebastopol
Vineyards; commend ...........................................................................................HR 958 East Hall High School; basketball team and Head Coach
Joe Dix; commend ...............................................................................................HR 635 East Hall High School; invite students, parents, teachers,
and administrators to House ................................................................................HR 636 Eating Disorders Information Network's School Outreach
Program; commend..............................................................................................HR 763 Echols County; Lake Park area of Lowndes County recognize
as Carrot Capital of South....................................................................................HR 565 Eckles, Martin Daniel; commend ...........................................................................HR 510 Edenfield, Billy G.; commend ................................................................................HR 233 Edgeman, Jake; commend ....................................................................................HR 1020 Edwards, Corporal Douglas; commend..................................................................HR 503 Edwards, Miles; commend .....................................................................................HR 973 Efird, Betty L.; commend .......................................................................................HR 880 Elliott, Beatrice; commend on 100th birthday........................................................HR 921 Elliott, Bill; commend ............................................................................................HR 579 Elliott, Bill; invite family to House ........................................................................HR 516 Ellis, George A.; commend ....................................................................................HR 103 Ellis, Linda C.; commend .......................................................................................HR 905 Ellis, Reverend Edward L., Jr.; commend..............................................................HR 660 Embrick, Chris; commend ......................................................................................HR 584 Emergency Medical Services (EMS) Week; commend certain personnel.............HR 830

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INDEX

Emory University's Nell Hodgson Woodruff School Of Nursing; commend..............................................................................................................HR 846
Enloe, Patricia Lane; commend..............................................................................HR 665 Enoch, Captain Terry L.; commend .......................................................................HR 986 Enota Elementary School; commend .....................................................................HR 746 Etowah High School Lady Eagles basketball team; commend ..............................HR 674 Evans, Cody; commend ........................................................................................HR 1023 Evans, John; commend .............................................................................................HR 81 Evans, William Robert; Eagle Scout; commend ....................................................HR 528 Extension Living Well Week in Georgia; designate second
week of March .....................................................................................................HR 427 Fagan, Shelagh; commend......................................................................................HR 544 Fair Oaks Community; commend; encourage Dobbins Air Force
Base to protect Oak trees in this community .......................................................HR 908 Fannin County High School Junior Varsity Academic Team;
invite members to House .....................................................................................HR 517 Farmer, Gary; commend.........................................................................................HR 100 Fey, Rick; commend...............................................................................................HR 272 Fibbe, Thomas; commend ....................................................................................HR 1018 First Baptist Church of Baxley; commend on 125th anniversary ..........................HR 404 First Baptist Church of Stapleton, Georgia; commend ..........................................HR 840 First Family of NASCAR; recognize the Elliott Family ........................................HR 523 Fisher, Jacquelyn J.; University System of Georgia
Outstanding Scholar; commend...........................................................................HR 477 Fitzpatrick, Margie; commend .................................................................................HR 17 Fludd, Christine; commend ....................................................................................HR 449 Flynn, Ellen; commend...........................................................................................HR 749 Fogle, Reverend Charlie, Sr.; commend.................................................................HR 611 Foot Efx; congratulate ............................................................................................HR 777 Forbes, Margie; commend ......................................................................................HR 356 Forbes, Susie Marie; University System of Georgia
Outstanding Scholar; commend...........................................................................HR 463 Ford, Justin Thomas; University System of Georgia
Outstanding Scholar; commend...........................................................................HR 453 Foster, Ashley L.; commend...................................................................................HR 439 Foster, Cordero; commend .....................................................................................HR 622 Foster, Stephen, Jr.; Barrow County's STAR student; commend ..........................HR 798 Foster, Wayne; commend .......................................................................................HR 897 4-H Clubs of Georgia; invite 2004-2005 Leadership Team to House....................HR 199 Fowler, Della; commend ........................................................................................HR 353 Fowler, William "Dexter"; commend...................................................................HR 1000 Frazier, Mrs. Charlotte Hawkins; commend ..........................................................HR 848 Freeman, Brandon James; Eagle Scout; commend ................................................HR 184

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4559

Freeman, Mrs. Diane; commend ............................................................................HR 873 Frost, Dr. Edward; commend .................................................................................HR 760 Fulford, William J.; commend................................................................................HR 955 Fuliad, William J.; commend .................................................................................HR 886 Fuller, Christian Alexander; commend ..................................................................HR 672 Gainesville High School Ladies Golf Team and Linda Darnell; commend...........HR 147 Galarneau, Sister Therese; commend .....................................................................HR 731 Gallery Espresso; commend ...................................................................................HR 790 Garland, Doris; commend.......................................................................................HR 621 Garland, Paul; commend ........................................................................................HR 623 Garrett, Senobia M.; University System of Georgia
Outstanding Scholar; commend...........................................................................HR 465 General Missionary Baptist Convention of Georgia, Inc.,
and Reverend Clarence Moore; commend ............................................................HR 40 General Raymond G. Davis Young Marines of Metro
Atlanta; commend................................................................................................HR 383 Georgia Appalachian Trail Club; commend...........................................................HR 361 Georgia Appalachian Trail Club; invite to House ..................................................HR 321 Georgia Association of Black Elected Officials; commend...................................HR 564 Georgia Association of Black State Universities; commend ...................................HR 55 Georgia Association of Educators; 22nd annual Legislative
Conference Day; recognize February 21, 2005...................................................HR 249 Georgia Baptist Children's Home Day; recognize..................................................HR 668 Georgia Campus - Philadelphia College of Osteopathic Medicine;
commend..............................................................................................................HR 334 Georgia Farm Bureau Federation; commend; invite president to house..................HR 62 Georgia Job Corps Centers; commend ...................................................................HR 959 Georgia Peach Festival; commend; invite the 2004 Georgia
Peach Queens to House........................................................................................HR 271 Georgia Perimeter College; commend .....................................................................HR 56 Georgia Perimeter College; commend ...................................................................HR 839 Georgia Recreation and Parks Association; invite to house...................................HR 164 Georgia Rural Health Association; commend; Rural
Health Day; recognize February 22, 2005...........................................................HR 307 Georgia State Air Show Day at Heart of Georgia Regional
Airport; recognize 3/26/05 ..................................................................................HR 501 Georgia State Lodge, Fraternal Order of Police; commend ...................................HR 283 Georgia Superior Court Clerks' Cooperative Authority; invite to House ..............HR 948 Georgia's Vidalia Onion industry; commend; declare May
as "Vidalia Onion Month" ...................................................................................HR 257 Gibson, Addie; commend .......................................................................................HR 931 Gibson, Flora Mell; commend................................................................................HR 706 Gilbert, Paul; commend ..........................................................................................HR 152

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INDEX

Gillis, Senator Hugh; express appreciation ..........................................................HR 1032 Gilmer High School Wrestling Team; commend ...................................................HR 174 "Girls and Women in Sports Day"; recognize February 9, 2005;
invite outstanding female athletes to House ..........................................................HR 69 Glisson, Johnny; Eagle Scout; commend ...............................................................HR 741 Glover, Kristan; invite to House.............................................................................HR 195 Go Red for Women Day; recognize February 3, 2005...........................................HR 130 Golden Isles Parkway Association, Inc.; commend ...............................................HR 670 Gordon Lee High School Softball Team; invite to House .....................................HR 279 Gordon, Pastor Sammie, Sr.; commend .................................................................HR 659 Grady County; 100th anniversary; commend.........................................................HR 259 Green, Linda; commend .........................................................................................HR 865 Green, Mrs. Pat Hugley; commend ........................................................................HR 589 Greenbrier High School Softball Team; invite to House .........................................HR 71 Greensboro Four; commend Franklin McCain, Joseph McNeil,
Jibreel Khazan, and the late David Richmond ....................................................HR 943 Greytdocs Business Systems, Inc.; commend ........................................................HR 803 Griffin, Brenda James; commend ...........................................................................HR 969 Griffin, Elder Rufus; commend ..............................................................................HR 652 Griffin, Stevey; commend ......................................................................................HR 346 Griffith, Dean Janice C.; commend ........................................................................HR 343 Grizzle, Miss Erin; Miss Heart of Georgia 2005; commend..................................HR 812 Gruda, Vedran; University System of Georgia
Outstanding Scholar; commend...........................................................................HR 461 Gulfstream Aerospace; commend ..........................................................................HR 814 Gunn, Dr. Willie D.; commend ..............................................................................HR 592 Gutzwiller, Linda; commend ..................................................................................HR 123 Gwinnett County Police Department's Uniform and Communications
Divisions and SWAT Team; invite members to House ......................................HR 644 Gwyn, Reverend Willie; commend ........................................................................HR 588 Hagan, Mary; commend .........................................................................................HR 682 Hagans, Lee Andrew; commend ............................................................................HR 403 Hall County Sheriff's Office; commend .................................................................HR 984 Hamilton Elementary School; commend................................................................HR 136 Hammett, Ken and Judy; commend .....................................................................HR 1027 Hand in Hand with Children: Guiding and Protecting Week;
declare February 7-12, 2005 ................................................................................HR 140 Hand in Hand with Children: Guiding and Protecting Week;
declare February 7-12, 2005 ................................................................................HR 141 Hanner, Honorable Bob; commend ..........................................................................HR 77 Harden, Nehemiah; commend ................................................................................HR 990 Hargett, Jeff; commend ..........................................................................................HR 866 Harley, Thomas; commend.....................................................................................HR 303

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4561

Harris, Adrienne; commend ...................................................................................HR 624 Harris, Ollena Shonta; University System of Georgia
Outstanding Scholar; commend...........................................................................HR 456 Harwood, Rick; commend ......................................................................................HR 940 Haugen, Kay; commend .........................................................................................HR 732 Hawkinsville High School Red Devils football team;
invite team to House ............................................................................................HR 196 Hayes, Allen; commend .........................................................................................HR 864 Hayes, Benjamin Caleb; Eagle Scout; commend ...................................................HR 125 Hayes, Kenneth Eric Bryan; commend ..................................................................HR 926 Hayes, Kevin; Eagle Scout; commend ...................................................................HR 208 Hayes, Steve; commend .........................................................................................HR 863 Haymore, Jim; commend........................................................................................HR 690 Haynes, Andrew Raymond; commend...................................................................HR 925 Head, Myrtle Fitch; commend................................................................................HR 922 Health Care Decisions Week in Georgia; recognize
November 7-13, 2005 ..........................................................................................HR 191 Healthy Living Month; declare during November .................................................HR 387 Heiber, Tom; commend ..........................................................................................HR 352 Heidel, Erin and Dave Kartunen; commend...........................................................HR 788 Hephzibah Comprehensive High School girls basketball team; commend............HR 734 Hephzibah High School students, teachers, and administrators;
invite to House.....................................................................................................HR 604 Hephzibah High School; invite students, parents, teachers,
and administrators to House ................................................................................HR 639 Heritage High School Varsity Academic Team; commend ...................................HR 792 Herndon, Pete; commend posthumous selection to the
Georgia Agriculture Education Hall of Fame........................................................HR 98 Hersey, Richard M.; commend...............................................................................HR 399 Hien Dai Nguyen; commend ..................................................................................HR 893 Hill, Betty; commend..............................................................................................HR 717 Hill, Reverend Clyde, Sr.; commend......................................................................HR 179 Hires, Barbara; commend .......................................................................................HR 117 Hitchens, Bill; Homeland Security director; invite to House.................................HR 218 Hite, Kent; commend..............................................................................................HR 975 Hobbs, Bradley; University System of Georgia
Outstanding Scholar; commend...........................................................................HR 454 Hoboken Elementary School; commend staff ........................................................HR 819 Holland, David Q. III; Peace Officer of the Year for Valor;
invite to House.....................................................................................................HR 220 Holloway, Dr. John Teddy; commend....................................................................HR 188 Holmes, Priscilla Lee; commend............................................................................HR 960 Home Education Day at the Capitol; recognize February 10, 2005.......................HR 178

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INDEX

Hopkins, Dr. David R.; commend ..........................................................................HR 842 Horne, Gail; commend............................................................................................HR 324 House Interns; 2005 regular session; commend .....................................................HR 847 Huggins, Ashleigh; commend ..............................................................................HR 1016 Humphrey, Tasha; commend..................................................................................HR 752 Hydrogen Fuel Cell Corridor Program and State University; commend ...............HR 835 Ingram, Honorable Edith; commend ......................................................................HR 686 Jackson Brothers Car Care Center; commend........................................................HR 852 Jackson, Jack Baggett; commend ...........................................................................HR 308 Jackson, Lisa; commend.........................................................................................HR 562 Jackson, Roy L.; commend.....................................................................................HR 875 Jackson-Samuels, Rita; commend ..........................................................................HR 709 James, Jeremy B.; commend ..................................................................................HR 944 Jamieson, Honorable Mary Jeanette; commend .....................................................HR 531 Jamieson, Honorable Mary Jeanette; commend .....................................................HR 836 Jefferson High School Wrestling Team; commend................................................HR 235 Jenkins County; centennial; commend ...................................................................HR 770 Jennings, Reverend John Edward; commend .........................................................HR 655 Jesup High School football team; 1954-55 state champion; commend .................HR 247 Jewish life in America; honor 350 years ................................................................HR 262 Johnson High School Girls Varsity Basketball team; commend............................HR 833 Johnson, Bonnie; commend......................................................................................HR 36 Johnson, Mamie C.; commend ...............................................................................HR 496 Johnson, Matthew Lee; Eagle Scout; commend.....................................................HR 127 Johnson, Reverend Dr. Matthew Vaughn, Sr.; commend ......................................HR 735 Jones, Brother Lindsey P.; commend .....................................................................HR 329 Jones, Donna; commend.........................................................................................HR 350 Jones, Dr. Olan; commend .....................................................................................HR 932 Jones, Herb; commend .............................................................................................HR 51 Jones, Jimmy; Peace Officer of the Year for Valor; invite to House .....................HR 219 Justice, Lea; commend............................................................................................HR 538 Kappa Alpha Psi Fraternity; recognize.................................................................HR 1019 Karnik, Santosh; commend.....................................................................................HR 978 Keep Georgia Beautiful and the Keep America Beautiful
affiliates in Georgia; commend ...........................................................................HR 186 Keep Smyrna Beautiful; commend.........................................................................HR 994 Keith, Lynn; commend ...........................................................................................HR 115 Kelly, Linda Lockley; commend ............................................................................HR 119 Kelly, Tony; commend .........................................................................................HR 1022 Kemp, Miss Christie; commend .............................................................................HR 881 Kennel, Michelle Marie; commend ........................................................................HR 756 Kennesaw Mountain High School Marching Band; commend..............................HR 294 Kennesaw Mountain High School Marching Band; commend..............................HR 310

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4563

Kennesaw Youth Council and Acworth Youth Council; commend ......................HR 180 Kennesaw Youth Council and Acworth Youth Council; commend ......................HR 222 Kent, Reverend J. Bernard, Sr.; commend .............................................................HR 657 King, Coretta Scott; commend .............................................................................HR 1026 Kinslow, Coach Melvin T.; recognize 70th birthday .............................................HR 124 Kirkland, Sister Cecelia; commend ........................................................................HR 330 Kiwanis Club of Americus; commend ...................................................................HR 363 Kiwanis Club of Augusta; recognize March 10, 2005, as Kiwanis
Club of Augusta Day ...........................................................................................HR 234 Kluever, Todd; welcome to State Capitol ..............................................................HR 630 Knowlton, Len; commend ......................................................................................HR 651 Koch, Robert; commend.........................................................................................HR 550 LaBarge, Dustin Allan; commend ..........................................................................HR 582 LaGrange High School Football Team; invite to House ........................................HR 255 Lakeview Academy Baseball Team; commend .....................................................HR 150 Lamar, Mrs. Lucile Smith; commend.....................................................................HR 533 Lavonia Woman's Club; commend...........................................................................HR 37 Layfield, Madelyn; commend.................................................................................HR 549 Leadership Dalton-Whitfield and Dalton-Whitfield Chamber
of Commerce; commend......................................................................................HR 504 Lebanon United Methodist Church; commend ......................................................HR 572 Lee, Ada J.; commend ............................................................................................HR 384 Lee, Ada J.; commend ............................................................................................HR 405 Lehmann, Scott; commend .....................................................................................HR 781 Lester, Bill; commend ............................................................................................HR 578 Lester, Donald P.; condolences; Lester, Jack and Keith; commend ......................HR 159 Lewis, Bishop Moses A.; commend.......................................................................HR 612 Lewis, Samuel; commend.........................................................................................HR 78 Lipson, Dr. Robert A.; WellStar Health System; commend;
invite Dr. Lipson to House...................................................................................HR 493 Liturgical Dance Day; recognize September 9, 2005.............................................HR 448 "Living Will Week" in Georgia; recognize first week of April yearly ..................HR 856 Loco's Deli and Pub; commend ..............................................................................HR 805 Lowndes High School 2004 football team; invite to House...................................HR 320 Lowry, James H., Jr.; commend ...............................................................................HR 39 Lucas, Cicero; invite to House ...............................................................................HR 725 Macedonia First Baptist Church; commend on 140th anniversary ........................HR 419 Mack, Rachel Nicole; University System of Georgia
Outstanding Scholar; commend...........................................................................HR 483 Mahoney, Edward V.; commend on 95th birthday ................................................HR 695 Maley, John; commend...........................................................................................HR 304 Malone, Jefferson; commend .................................................................................HR 345 Malone, Mike; commend........................................................................................HR 357

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INDEX

Marchand, Doug; congratulate ...............................................................................HR 802 Marietta Center for Advanced Academics in Math, Science,
and Technology; recognize founding ..................................................................HR 713 Marietta High School girls basketball team; commend .........................................HR 586 Martin, Mark; commend.......................................................................................HR 1011 Massey, Eric; commend..........................................................................................HR 148 McBee, Dr. Louise; invite to House .......................................................................HR 495 McCall, Beth; commend.........................................................................................HR 120 McElmurray, John S.; commend ............................................................................HR 374 McFerrin, Coach Thomas "T"; commend ..............................................................HR 914 McGee, Charles C.; commend................................................................................HR 917 McIntosh, Clement O. II; commend.......................................................................HR 362 McKinnon, Captain Mike; commend .....................................................................HR 759 McManus, Candy; commend..................................................................................HR 367 McNair, Allien; commend ....................................................................................HR 1013 McNeely, Jason Stewart; University System of Georgia
Outstanding Scholar; commend...........................................................................HR 458 McQueen, Brandon Victor; commend....................................................................HR 594 Medders, Ashley Wynn; commend ......................................................................HR 1004 Miley, Jared; University System of Georgia
Outstanding Scholar; commend...........................................................................HR 452 Millen Rotary Club; commend ...............................................................................HR 985 Milton High School Varsity Baseball Team; invite to House..................................HR 46 Milton High School; express best wishes on new site ...........................................HR 963 Moates, Elden and Wanda; commend ....................................................................HR 892 Mock, Theresa Kathleen; recognize .........................................................................HR 97 Monroe Marketing; commend ................................................................................HR 810 Monument in Texas honoring memory of Georgia Battalion; recognize...............HR 997 Moody, Pat; commend............................................................................................HR 288 Moon, Jenna; commend..........................................................................................HR 747 Moore family; commend and invite to House ........................................................HR 433 Moore, Paula; commend.........................................................................................HR 351 Moore, Roy; commend; recognize as honorary citizen of Georgia......................HR 1033 Morgan, Dr. Joel L.; Psychiatrist of the Year; commend.......................................HR 739 Morgan, Jean; commend.........................................................................................HR 729 Morningside Elementary School; commend ..........................................................HR 718 Morningside Elementary School; invite principal to House ..................................HR 514 Morris, Coach Lewis; commend ............................................................................HR 687 Morris, Deacon Floyd Edwin Charles; commend ..................................................HR 506 Morris, Hannah; commend ...................................................................................HR 1007 Morris, Jeff; commend............................................................................................HR 555 Morris, Shirley; commend ........................................................................................HR 33 Mosby, Nathaniel; commend..................................................................................HR 522

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4565

Mosley, Pastor Toney; commend ...........................................................................HR 421 Motorcycle Awareness and You Month; recognize 5/05 .......................................HR 505 Mullins, Michael C.; commend ..............................................................................HR 882 Murphy, Rebecca Anne; University System of Georgia Outstanding Scholar; commend..............................................................................HR 468 Murray, Michael; commend ...................................................................................HR 671 Myers, Randy; Eagle Scout; commend ..................................................................HR 762 Myrick Marine; commend ......................................................................................HR 813 Nahra, Louise; commend..........................................................................................HR 23 Nahunta Elementary School; commend staff .........................................................HR 817 Nahunta Primary School; commend staff...............................................................HR 816 National Eating Disorders Awareness Week; recognize
February 19-28, 2005...........................................................................................HR 253 National Sleep Awareness Week; recognize ..........................................................HR 962 Nations, Major Thomas David; commend .............................................................HR 837 Natural Resources Defense Council; commend .....................................................HR 999 Nelms, Christopher Pierce; commend ....................................................................HR 576 Nelson, Rosemarie; commend ................................................................................HR 899 Neugent, Ms. Bessie Vickers; commend................................................................HR 244 New Beginnings Christian Ministries Church; commend......................................HR 711 New Order; commend.............................................................................................HR 727 Newkirk, Lyle William, Jr.; commend ...................................................................HR 696 Northcutt, Ruth Anderson; commend on 100th birthday .......................................HR 205 Northview High School Chamber Orchestra and Timothy J.
Aucoin, Director; commend ..................................................................................HR 43 Northview High School; invite students, parents, teachers,
and administrators to House ................................................................................HR 640 Oakes, Ella Ray; commend ....................................................................................HR 619 O'Brien, John; commend ........................................................................................HR 305 Odum, Dawn; commend.........................................................................................HR 289 O'Neal, Carla; University System of Georgia
Outstanding Scholar; commend...........................................................................HR 474 O'Neal, Emma; commend.......................................................................................HR 349 Operation Sandbox GA, Julie and Virginia Pearson, and
members of Park Place Baptist Church; commend .............................................HR 601 Osborne, Ms. Na'Taki; commend ...........................................................................HR 540 Outler, Reverend Willie J.; commend ....................................................................HR 656 Oye, Elaine; commend..............................................................................................HR 35 Pacer, Kerry; commend ..........................................................................................HR 906 Padgett, Beverly; 2004 Rick Perkins Award for Excellence in
Technical Instruction; invite to House.................................................................HR 339 Padgett, Jeffrey Brandon; University System of Georgia
Outstanding Scholar; commend...........................................................................HR 473

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INDEX

Palmer, Spencer; Eagle Scout; commend...............................................................HR 275 Parent Teacher Association (PTA); invite representatives to House .....................HR 221 Parent Teacher Association; recognize February 17, 2005,
as National PTA Founders Day on Capitol Hill ..................................................HR 227 Parker, Jim; commend ............................................................................................HR 870 Parker, Ruel M.; commend.....................................................................................HR 705 Parks, Jessica; commend ........................................................................................HR 243 Parsons, Jacob; Eagle Scout; commend .................................................................HR 738 Partnership for Health and Accountability; commend .............................................HR 74 Patel, RaKesh; commend........................................................................................HR 692 Patterson Elementary School; commend................................................................HR 185 Patterson, Ms. Leigh Ellen; commend....................................................................HR 867 Payne, Jacqueline; commend................................................................................HR 1028 Payne, Randy; commend ........................................................................................HR 703 Pearls of West Georgia Debutantes; commend ......................................................HR 673 Perry, Jim; condolences ........................................................................................HR 1025 Perry, Matt; commend ............................................................................................HR 797 Pickard, Jana C.; University System of Georgia
Outstanding Scholar; commend...........................................................................HR 450 Pilgrim, Jennifer; commend .................................................................................HR 1021 Pinder, Melissa Clifton; commend .........................................................................HR 121 Platt, Larry; commend ............................................................................................HR 286 Plummer, Michael; commend.................................................................................HR 804 Plummer, Reverend Robert L.; commend ..............................................................HR 590 Poe, Christopher; commend ...................................................................................HR 869 Pollack, David and David Greene; commend ........................................................HR 913 Pollen, Rev. LeRoy III; commend community service ..........................................HR 793 Popplewell, Allison R.; University System of Georgia
Outstanding Scholar; commend...........................................................................HR 476 Portal Middle and High School; invite students, parents,
teachers, and administrators to House .................................................................HR 638
Prasch, Edward Andrew; commend .......................................................................HR 669
Prater's Mill; Legacy of Georgia Tradition; recognize...........................................HR 566 Prison Chaplains' Appreciation Day; recognize March 31, 2005 ..........................HR 212 Pritchett, John William "Johnny"; commend ...........................................................HR 41 Professional Association of Georgia Educators; recognize
February 8, 2005, as "PAGE Day" on Capitol Hill ...............................................HR 75 Pruitt, John; commend ............................................................................................HR 872 Pryor, Reverend Thomas; commend ......................................................................HR 658 Public Health Week in Georgia; recognize ............................................................HR 755 Puckett, Chase; 2005 Georgia Teacher of the Year; invite to House.....................HR 336 Rabun County Middle School; "Georgia School of Excellence
for 2005"; commend ............................................................................................HR 246

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4567

Ralstin, Susan; commend .......................................................................................HR 190 Randolph Southern School Basketball team; commend ........................................HR 502 Randolph, Dawn A.; commend ..............................................................................HR 507 Randolph-Clay Middle and High School basketball team; commend ...................HR 680 Ransom, Emanuel; commend .................................................................................HR 901 Rapson, Andy; Eagle Scout; commend ..................................................................HR 176 Raykin, Julia; University System of Georgia
Outstanding Scholar; commend...........................................................................HR 479 REACH for Wellness Day; proclaim February 26, 2005,
at Capitol; invite representatives to House ..........................................................HR 229 REACH for Wellness; commend ...........................................................................HR 241 Red Hat Society; recognize 4/25/05 Red Hat Day in Georgia ...............................HR 841 Reece, Byron Herbert; "Georgia's Appalachian Poet/Novelist";
commend..............................................................................................................HR 599 Reece, Byron Herbert; honor as "Georgia's Appalachian Poet/Novelist"..............HR 297 Reid, Janie; commend.............................................................................................HR 548 Richmond County Sheriff's Office; commend .......................................................HR 858 Rittelmeyer, Jon; commend ....................................................................................HR 786 Riverside Elementary School; commend; invite Craig Barlow,
Principal, to House...............................................................................................HR 342 Robert Toombs Christian Academy Football Team; invite to House ....................HR 251 Roberts, Kevin; commend ......................................................................................HR 348 Roberts, Marjorie; commend ..................................................................................HR 947 Roberts, Ms. Marjorie; commend...........................................................................HR 896 Robinson, Jeffrey K.; commend .............................................................................HR 939 Rochell Federated Club; commend ........................................................................HR 685 "Ronald Reagan Day" in Georgia; recognize February 6.......................................HR 143 Ross, Shirley; commend .........................................................................................HR 920 Ross, Trevor; commend..........................................................................................HR 359 Rossman, Elizabeth Kay; commend.......................................................................HR 647 Rotary Club of Effingham Sunrise; commend .......................................................HR 806 Rotary Club of Oconee County; commend ............................................................HR 688 Rotary International and District Governor John H.
Parkins III; commend...........................................................................................HR 525 Rotary International; commend 100th Anniversary ...............................................HR 373 Rotary International; invite certain district governors to House ............................HR 337 Rotondo, Frank; commend .....................................................................................HR 666 Royal, Coach Bonwell; commend ..........................................................................HR 306 Rush, Reverend James H.; commend .....................................................................HR 645 Ruth's Chris Steak House; commend ...................................................................HR 1014 Saint Joseph's Hospital; commend and recognize
March 8, 2005, as "Saint Joseph's Hospital Day"................................................HR 418 Sams, Sister Irene; commend .................................................................................HR 327

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4568

INDEX

Saunders, Barbara; commend .................................................................................HR 151 Savage, Steve; commend ........................................................................................HR 574 Savannah College of Art and Design; recognize 4/22/05 as
Savannah College Day at capitol .........................................................................HR 809 Savannah St. Patrick's Day Parade; invite certain persons to House .....................HR 409 Sawyer Road Elementary School; recognize founding ..........................................HR 712 Scarborough, Elizabeth; commend...........................................................................HR 21 Scheidt, Peter Owen; Eagle Scout; commend ........................................................HR 131 Scher, Jeanne; commend ........................................................................................HR 375 Schlenz, Kurt; commend ........................................................................................HR 683 Schmidt, Craig; commend ......................................................................................HR 871 Schwartz, Janet; commend .....................................................................................HR 573 Schwartz, Ms. Jordan; commend............................................................................HR 276 Scott, Harold Lee; commend ..................................................................................HR 995 Sears, Joe; commend ..............................................................................................HR 928 Sears, Joe; commend ..............................................................................................HR 970 Sears, Joe; commend ..............................................................................................HR 974 Sears, Joe; commend ............................................................................................HR 1034 Segers, Jim; commend ............................................................................................HR 981 Selma-to-Montgomery voting rights march; commemorate
40th anniversary...................................................................................................HR 417 Senior Week at Capitol; recognize 2/28/05 through 3/4/05 ...................................HR 344 Senters, Sara; University System of Georgia
Outstanding Scholar; commend...........................................................................HR 460 Sequoyah High School Chiefs football team; commend........................................HR 209 Sequoyah High School Chiefs football team; commend........................................HR 293 Sewell, Gwen; commend ........................................................................................HR 691 Seydel, Laura and Rutherford; commend...............................................................HR 710 Shah, Sarang; commend .........................................................................................HR 993 Shannon, Chris L.; Eagle Scout; commend............................................................HR 733 Sharpe, Sister Celestine; commend ........................................................................HR 331 Shaw Industries and other private smoke-free businesses; commend....................HR 567 Shealy, John A., Jr.; Eagle Scout; commend..........................................................HR 520 Sheppard, Josey; commend ....................................................................................HR 878 Sherrill, Reuben; commend ......................................................................................HR 44 Shuman-Riley, Dr. Brenda; 2006 Georgia Teacher of the Year;
commend..............................................................................................................HR 721 Shuman-Riley, Dr. Brenda; 2006 Georgia Teacher of the Year;
invite to House .....................................................................................................HR 726 Sills, Sister Eddie L.; commend .............................................................................HR 328 Sills, Sister Kathryn Cain; commend .....................................................................HR 332 Simmons, Pastor Thomas J.; commend..................................................................HR 527 Simons, David; commend.......................................................................................HR 785

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INDEX

4569

Sims, Miss Jena; commend ....................................................................................HR 845 Sinkfield, Honorable Georganna; commend ............................................................HR 76 Sister Christine Truong My Hanh; commend.........................................................HR 879 Skelton, Eric; Eagle Scout; commend ....................................................................HR 827 Skipper, Honorable Jimmy; commend ...................................................................HR 435 Small, Pastor Nathaniel, Sr.; commend..................................................................HR 591 Smart, Mary B.; congratulate on 101st birthday ....................................................HR 114 Smiley, Dr. Thomas R.; commend .........................................................................HR 524 Smiley, Tavis; commend ........................................................................................HR 382 Smirnov, Vladimir; commend ................................................................................HR 976 Smith, Ashley; invite to House...............................................................................HR 643 Smith, Donald D. & Carol M.; commend...............................................................HR 784 Smith, Imogene; commend.....................................................................................HR 118 Smith, Jared; Eagle Scout; commend .....................................................................HR 274 Smith, Thomas; commend ......................................................................................HR 354 Sosebee, Andrew; commend ..................................................................................HR 748 South Cobb High School Lady Eagles slow pitch softball team;
commend..............................................................................................................HR 698 Spann, Debbie; commend.......................................................................................HR 355 Spencer, Alan; commend........................................................................................HR 358 Spiva, Mrs. Dora Hunter Allison; commend on 100th birthday ............................HR 203 Sports, Joe; commend.............................................................................................HR 508 Stadnick, Desiree; commend ..................................................................................HR 912 Stallard, Ms. Ann; commend ..................................................................................HR 530 Starnes, Honorable Debi; commend.......................................................................HR 998 Staub, Eddie; Eagle Ranch Children's Home; commend .......................................HR 314 Stembridge, Ethel; commend on 100th birthday ....................................................HR 700 Stephens, Samantha; 2005 Georgia Watermelon Queen; invite to House .............HR 266 Stewart, Donna; commend .....................................................................................HR 539 Stewart, John Thomas; commend...........................................................................HR 938 Stiggers, Vincent; commend...................................................................................HR 547 Stokes, Reverend Dr. William Franklin II; commend years of service..................HR 596 Stone Mountain Women's Club; commend............................................................HR 263 Stoudenmire, Melanie Kay Sandrock; commend ...................................................HR 750 Strickland, Charles and Louise; commend .............................................................HR 372 Stroke Awareness Month in Georgia; recognize May ...........................................HR 213 Struckhoff, Barbara; commend...............................................................................HR 242 Struemph, Matthew Joseph; Eagle Scout; commend .............................................HR 742 Styles, Wesley; commend.......................................................................................HR 868 Suarez, Maria Esperanza; commend ......................................................................HR 285 Sullivan, Rebecca; commend ...............................................................................HR 1010 Surrency, Kay W.; commend .................................................................................HR 122 Swords, Benjamin; commend.................................................................................HR 861

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4570

INDEX

Sylvania Rotary Club; commend............................................................................HR 766 Taft, Allyson, STAR student, and Debra Brigham, STAR
teacher; commend ................................................................................................HR 627 Tanner, Patricia; commend.....................................................................................HR 290 Taylor, Dr. Samuel; commend ...............................................................................HR 420 Taylor, Maggie Capes Mitchell; commend ............................................................HR 801 Taylor, Tina; commend ..........................................................................................HR 554 Ted's Montana Grill; commend ..............................................................................HR 996 Thackston, CW2 Eric B.; commend.......................................................................HR 181 Thatcher, Sharon; commend...................................................................................HR 551 The Links, Incorporated; invite officers to House..................................................HR 281 The Marketing Department; congratulate...............................................................HR 796 THE QUEST for Public Education, Inc.; commend ..............................................HR 225 The Reels of Rabun; history of movies filmed in Rabun
County; archival preservation..............................................................................HR 260 3rd Force Reconnaissance Company; invite Marines to House.............................HR 719 Thomaston, Anita L.; commend ...............................................................................HR 24 Thompson, Shane and Shane's Rib Shack; commend ..........................................HR 1015 Tillman, Christine; commend .................................................................................HR 542 Tillman, Reverend Eugene C.; commend...............................................................HR 728 "Together, Tourism Works for Georgia"; recognize
February 2, 2005 ..................................................................................................HR 129 Tomlinson, Teresa Pike; commend ........................................................................HR 610 Toomey, Dr. Kathleen E.; commend........................................................................HR 32 Travis-Bell, Sheena; University System of Georgia
Outstanding Scholar; commend...........................................................................HR 475 Travis, Jill; commend .............................................................................................HR 911 Treadwell, Dee; commend......................................................................................HR 650 Trion High School Debate Team; commend..........................................................HR 859 Trion High School Literary Team; commend ........................................................HR 862 Trott, Gary; commend ............................................................................................HR 546 Troutman, Joanna; commend .................................................................................HR 935 Trull, Jeremiah Giles; commend ............................................................................HR 924 Tumlin, Jamie and Ryan Patrick; commend on marriage ......................................HR 648 Turner Chapel African Methodist Episcopal Church; commend ...........................HR 737 Tyner, John; commend ...........................................................................................HR 437 Ukranian delegation and Friendship Force international; commend .....................HR 434 Underwood, Robyn and her staff; commend............................................................HR 45 United States Border Patrol; express gratitude and support...................................HR 252 University of Georgia 2004 Baseball Team and Head Coach
David Perno; commend .....................................................................................HR 1029 Urban Financial Services Coalition; commend ......................................................HR 364 Valdosta State University Football Team; commend.............................................HR 106

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INDEX

4571

Valdosta State University Football Team; commend.............................................HR 112 Varnedore, Shafter and Essie Mae; commend........................................................HR 894 Vietnam Era Veterans; commend; 30th Observance of the
Ending of the Vietnam War; recognize May 4-8, 2005 ........................................ SR 44 Vuong, Chi K.; University System of Georgia
Outstanding Scholar; commend...........................................................................HR 455 Wade, Joyce; commend ..........................................................................................HR 900 Walker, Allyson; commend ....................................................................................HR 311 Walker, Betty Jean; commend..............................................................................HR 1008 Walker, Candice; 2004 Georgia Occupational Award
of Leadership; invite to House.............................................................................HR 338 Walker, Candice; commend ...................................................................................HR 933 Walker, Dustin Lee; commend ...............................................................................HR 509 Wall, Emily; commend...........................................................................................HR 497 Wallace, Rusty; commend ......................................................................................HR 989 Walthour, Apostle R., Jr.; commend ......................................................................HR 661 Ware County High School football team; commend .............................................HR 954 Ware County High School Varsity Competition Cheerleaders;
commend..............................................................................................................HR 957 Ware County Magnet School; commend..............................................................HR 1002 Warner Robins High School Football Team; invite to House..................................HR 67 Warrington, Bret; invite to House ..........................................................................HR 267 Waters, Jerrian; commend ......................................................................................HR 667 Waters, Reverend Hosie; commend .......................................................................HR 895 Watson, Terry S.; commend ...................................................................................HR 782 Wayne County Sports Hall of Fame; 2005 inductees; commend...........................HR 248 Waynesville Elementary School; commend staff...................................................HR 815 Weaver, Cynthia G.; commend ..............................................................................HR 625 Weaver, Roger; commend ......................................................................................HR 704 Webster, Billy; commend .......................................................................................HR 543 Weeks, Coach Rick; commend...............................................................................HR 776 Weikum, Kenneth L.; Eagle Scout; commend .......................................................HR 261 Westbrook, Jacob "Jake" Cauthen; commend ........................................................HR 745 West, Deborah D.; commend .................................................................................HR 377 West Georgia Braves Coed Cheerleading squad; commend................................HR 1031 Westside High School NJROTC sporter rifle team; commend..............................HR 631 Weyerhaeuser; congratulate....................................................................................HR 795 Wheeler High School basketball team; commend..................................................HR 834 Wheeler High School; commend for participation in certain competition.............HR 832 Wheeler, Rob; commend ........................................................................................HR 918 White-Bradley, Paula; commend............................................................................HR 937 Whitehead, Eva Ann; University System of Georgia
Outstanding Scholar; commend...........................................................................HR 470

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4572

INDEX

White, John Alliston, Sr.; commend.......................................................................HR 693 White, Meredith; invite to House ...........................................................................HR 163 Wiggins, Connie; commend ...................................................................................HR 426 Wilbanks, J. Alvin; invite to House........................................................................HR 370 Wilkes, William E. "Bubber"; commend .................................................................HR 42 Williams, Dr. Samuel, Sr.; commend.....................................................................HR 613 Williams, Jay; commend ........................................................................................HR 402 Williams; Sandra; commend ..................................................................................HR 716 Williamson, Laura K.; University System of Georgia
Outstanding Scholar; commend...........................................................................HR 462 Willis, Representative Arnell; commend................................................................HR 273 Wilson, Benjamin Daniel; commend......................................................................HR 575 Wilson, JoEllen; commend.....................................................................................HR 291 Women's Sports and Atlanta Women's Foundation; commend .............................HR 134 Woods, Candler; commend ....................................................................................HR 319 Woods, Candler; invite to House............................................................................HR 268 Worley, Caleb; commend .......................................................................................HR 941 Wright, Gordon Ozell, Sr. and Dorothy Barbre;
commend on 70th anniversary.............................................................................HR 438 Wylde, Sally; commend .........................................................................................HR 843 Yarbrough, Jim; commend .....................................................................................HR 702 Yates, Honorable John; commend..........................................................................HR 535 Yearwood, Chris; commend .....................................................................................HR 53 Yonz, Michael Chris; commend .............................................................................HR 884 Younginer, Mrs. Debi; commend ...........................................................................HR 322 Youth Leadership Fayette; Fayette County Chamber
of Commerce; commend......................................................................................HR 215 Youth Leadership Henry; commend.......................................................................HR 302 Youth Leadership Henry; invite members to House ..............................................HR 202 Zachery, Sheena; University System of Georgia
Outstanding Scholar; commend...........................................................................HR 469 Zechmann, Stephanie; commend............................................................................HR 945 Zollars, Alma; commend on 100th birthday...........................................................HR 175 Zoo Atlanta; commend outstanding keepers ..........................................................HR 664
COMMERCE AND TRADE Assisted living facilities; Levels I and II; provisions .............................................HB 206 Committee on the Implementation of Textile Agreements; request approval of safeguard petitions............................................................................HR 142 Committee on the Implementation of Textile Agreements; urge enactment of certain safeguard petitions ............................................................. SR 156 Consumer reporting agencies; require notice of security breaches ........................HB 638 Fair Businesses Practice Act; spot delivery of motor vehicles; amend..................HB 879

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4573

Free Trade Area of the Americas; urge Congress to vote against..........................HR 730 Gambling; pyramid promotional schemes; define; prohibit................................... SB 141 Georgia Cemetery and Funeral Services Act of 2000; repeal ................................HB 589 Gift Card Integrity Act of 2005; enact...................................................................... SB 13 Highways, bridges, and ferries; amend provisions................................................. SB 160 Highways; vehicles hauling certain products; weight limitation
variance; violations; fines ....................................................................................HB 279 Information brokers; require notice to consumers of security
breaches ............................................................................................................... SB 230 In-home services and residential delivery subcontractors;
background checks...............................................................................................HB 620 Leaf tobacco sales and storage; grading; repeal certain provision ......................... SB 290 Local government permits for certain Sunday events; repeal provisions............... SB 287 Museum Property Act; enact .................................................................................. SB 195 Phone cards; disclose terms at time of purchase; provisions .................................HB 245 Recreational vehicles; dealership franchise agreements ........................................ SB 155 Retirement; large retirement systems; invest in securities .....................................HB 319 State agencies; reports to General Assembly; notification of availability ............... SB 49 US-Dominican Republic-Central America Free Trade Agreement;
urge Congress pass...............................................................................................HR 724
COMMERCE, CITY OF; school tax; millage rate ................................................HB 356
COMMERCIAL CODE Commercial Code; filing office for secured transactions; certain indigent defense fees............................................................................................HB 850
COMMISSIONS Athletic and Entertainment Commission; martial arts, wrestling, boxing; amend provisions.................................................................................... SB 224 Blue Ribbon Committee on Jekyll Island; encourage governor to appoint .............................................................................................................HR 722 Capital Punishment Study Commission; create......................................................HR 301 Cervical Cancer Elimination Task Force; create.................................................... SR 294 Child support; guidelines; basic obligation amounts; Child Support Commission; create................................................................................HB 221 Commission on Interstate Cooperation; change certain provisions .......................HB 264 Community Service Board Overview Commission; create......................................HB 35 Council on Affordable Housing; create....................................................................HB 39 Electoral College; elimination; urge Congress to study amending Constitution..........................................................................................................HR 950 Electoral college; elimination; urge creation of congressional study commission ................................................................................................HR 444

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4574

INDEX

Georgia Driver's Education Commission; create; Joshua's Law ............................HB 584 Georgia Land Conservation Council; create ............................................................HB 98 Henry McNeal Turner Tribute Commission; create; Joint
Commission for Recognition of Public Servants; create....................................... SR 88 Joint Early Learning Initiative Commission; create ................................................. SR 21 Juvenile Law Commission; create .......................................................................... SR 161 National Guard or reserves; economic relief; create commission
on HEROES.........................................................................................................HB 165 Public Employees Labor Relations Commission; create........................................HB 606 Renal dialysis facilities; repeal sunset provisions; Renal Dialysis
Advisory Council; membership ............................................................................. SB 48 Senior Protection Advisory Council; create .............................................................HB 51 State Accounting Office; create..............................................................................HB 190 State Accounting Office; create..............................................................................HB 293 State agencies; reports to General Assembly; notification of availability ............... SB 49 State and local governments; revenue bonds; interest rate management
plan; derivative transactions ................................................................................ SB 227 State Commission on the Efficacy of the Certificate of Need
Program; create ....................................................................................................HB 390 State Forestry Commission; provide additional powers.........................................HB 929 State Registry Study Commission; create ..............................................................HR 296 State-wide tourism marketing program; Department of Economic
Development; state halls of fame ........................................................................ SB 125 Traumatic brain and spinal cord injuries; state-wide central registry;
reports to Brain and Spinal Injury Trust Fund Commission ............................... SB 208
COMMITTEES Butts County; regional airport; continue study ......................................................HR 677 Commercial Transportation Advisory Committee; create .....................................HB 458 Committee on the Implementation of Textile Agreements; request approval of safeguard petitions ...............................................................HR 142 Committee on the Implementation of Textile Agreements; urge enactment of certain safeguard petitions ..................................................... SR 156 Community Living Services Joint Study Committee; create .................................HR 492 Controlled substances for medical purposes; immunity; Pain Management Ad Hoc Advisory Committee ........................................................ SB 109 Electronic Control Device ad hoc committee; urge continuation ..........................HR 341 General Assembly; committees; subpoena powers ................................................HB 785 Health insurance; patient's right to independent review; medical assistance; PeachCare; Joint Committee to Study Prescription Costs in State Funded Health Care Plans ............................................................ SB 140 House Ad Valorem Inventory Tax Study Committee; create ................................HR 486 House All-terrain Vehicle (ATV) Safety Study Committee; create.......................HR 214

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4575

House City of Fairview Incorporation Study Committee; create...........................HR 765 House Coastal Georgia Sound Science Initiative Study Committee; create ..........HR 494 House Community Living Services Study Committee; create...............................HR 512 House Education Funding Study Committee; create..............................................HR 488 House Film and Video Game Technology Study Committee; create ....................HR 642 House Higher Education Seamless Transition Study Committee; create ..............HR 951 House HOPE Scholarship Program Study Committee; create ...............................HR 442 House Local School District Development Impact Fees Study
Committee; create ................................................................................................HR 230 House Study Committee on Causes and Treatment of Lymphedema;
create ....................................................................................................................HR 641 House Study Committee on Children: Newborns to Age Five; create...................HR 518 House Study Committee on Coroners' Compensation; create................................HR 606 House Study Committee on Georgia's Oral Health; create ....................................HR 489 House Study Committee on Health Care Bonds; create.........................................HR 774 House Study Committee on Nutrition and Obesity of Children; create.................HR 369 House Study Committee on Pari-mutuel Betting on Horse Racing;
create ....................................................................................................................HR 519 House Study Committee on Public Retirement Fund Investment in
Venture Capital; create ........................................................................................HR 197 House Study Committee on Restructuring Georgia's Criminal Penalties;
create ....................................................................................................................HR 515 House Study Committee on State Mileage Reimbursement Rate; create ..............HR 910 House Study Committee on Teleworking; create...................................................HR 775 House Study Committee on Tobacco Tax Evasion; create ....................................HR 428 House Study Committee on University System Institution
Foundations; create..............................................................................................HR 679 House Taxpayer Bill of Rights Study Committee; create ......................................HR 340 House Wildlife Management Study Committee; create .........................................HR 632 Jasper Port Study Committee; create........................................................................ SR 23 Joint Agricultural Education Study Committee; create............................................HR 50 Joint "Future of Georgia Forestry" Joint Study Committee; create.......................... SR 54 Joint House and Senate Emerging Communications Technologies
Study Committee; create...................................................................................... SR 298 Joint House-Senate Study Committee on the Restructuring of
Georgia's Criminal Penalties; create....................................................................HR 490 Joint Legislative and Congressional Redistricting Study
Committee; create ................................................................................................HR 949 Joint LNG and Natural Gas Infrastructure Study Committee;
create ......................................................................................................................HR 92 Joint Study Committee on Reporting Requirements for Local
School Systems; create ........................................................................................HR 410 Joint Study Committee on the HOPE Scholarship Program; create.......................HR 443

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4576

INDEX

Joint Study Committee on the Use of Dry Cleaning Solvents; create ....................................................................................................................HR 169
Legislative branch of government; amend budgetary provisions........................... SB 282 Master Teacher Program and Academic Coach Program; create............................. SB 34 Oversight Committee for Planning to Provide Home and Community
Based Services; create .........................................................................................HR 633 Pilot performance based asset maintenance project; urge Department
of Transportation initiate .....................................................................................HR 676 Task Force to Study Consumer Protection Provisions in the
Georgia Insurance Code; create ..........................................................................HR 270 Telephone and telegraph service; Joint Study Committee; reconstitute ................HB 738
COMMITTEES, STANDING Assignments......................................................................................................... Page 126 Barnes, Honorable Mike; committee assignment................................................ Page 820 Bruce, Honorable Roger; committee assignment .............................................. Page 2325 Burmeister, Honorable Sue; committee assignment ........................................... Page 124 Chambers, Honorable Jill; committee assignment ............................................ Page 2325 Channell, Honorable Mickey; committee assignment......................................... Page 124 Coleman, Honorable Terry; committee assignment ............................................ Page 820 Cooper, Honorable Sharon; committee assignment ............................................ Page 124 Dodson, Honorable Ron; committee assignment ................................................ Page 124 Fleming, Honorable Barry; committee assignment............................................. Page 124 Geisinger, Honorable Harry; committee assignment ........................................ Page 2325 Houston, Honorable Penny; committee assignment............................................ Page 124 Jamieson, Honorable Jeanette; committee assignment ......................................... Page 12 Keen, Honorable Jerry; committee assignment................................................... Page 124 Knox, Honorable Tom; committee assignment................................................... Page 124 Mosby, Honorable Howard; committee assignment ........................................... Page 124 Mosley, Honorable Hinson; committee assignment.............................................. Page 14 O'Neal, Honorable Larry; committee assignment ............................................... Page 124 O'Neal, Honorable Larry; committee assignment ............................................. Page 2325 Parrish, Butch; committee assignment ................................................................ Page 124 Reece, Honorable Barbara Massey; committee assignment................................ Page 173 Rice, Honorable Tom; committee assignment .................................................... Page 124 Smith, Honorable Tommy; committee assignment ........................................... Page 2325 Stephenson, Honorable Pam; committee assignment.......................................... Page 124 Stephenson, Honorable Pam; committee assignment........................................ Page 2325 Tumlin, Honorable Steve "Thunder"; committee assignment............................. Page 124 Wilkinson, Honorable Joe; committee assignment ........................................... Page 2325 Willard, Honorable Wendell; committee assignment.......................................... Page 124

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INDEX

4577

COMMUNICATIONS RECEIVED Barnes, Honorable Mike...................................................................................... Page 820 Beasley-Teague, Honorable Sharon .................................................................. Page 1434 Campbell, Honorable Tom .................................................................................... Page 13 Casas, Honorable David ...................................................................................... Page 208 Cooper, Honorable Sharon .................................................................................... Page 14 Cox, Honorable Clay ......................................................................................... Page 2381 Cummings, Honorable Bill.................................................................................... Page 20 Governor .........................................................................................................Pages 2, 3, 8 Greene, Honorable Gerald E. ............................................................................ Page 4042 Hudson, Honorable Sistie .................................................................................... Page 454 Jacobs, Honorable Mike .................................................................................... Page 2381 Legislative Counsel ...........................................................Pages 122, 123, 448, 449, 451 Lieutenant Governor..........................................................................P. ages 449, 450, 452 Massey, Honorable Warren ..................................................................................... Page 2 Secretary of State................................................................................................... Page 15 Speaker of House...........................................................Pages 12, 14, 124, 125, 126, 173, 301, 449, 450, 452, 820, 2325
COMMUNITY AFFAIRS Council on Affordable Housing; create....................................................................HB 39 Georgia Long-Term Care Partnership Program Act; enact ....................................HB 133 Georgia Rural Development Council; create; state service delivery regions; amend description .................................................................................. SB 144 Regional development centers; fee for reviewing certain actions by local governments ...........................................................................................HB 604 Small Business Administration regulations of certain nonprofit corporations; service area include entire state .......................................................HR 66 State-wide tourism marketing program; Department of Economic Development; state halls of fame ........................................................................ SB 125
COMMUNITY HEALTH Department of Community Health; contract with care management; drug rebates; require refund.................................................................................HB 358 Health care management organizations; quality assessment fee; Indigent Care Trust Fund..............................................................................HB 392 Health insurance plans; state employees, teachers, public school employees, retirees; combine funds..................................................................... SB 284 Indigent and elderly; certain hospitals; provider fees...............................................HB 74 Long-Term Care Partnership Program; establish ...................................................HB 643 State Board of Cosmetology; terminate; repeal Chapter 10 of Title 43.................................................................................................................HB 385

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INDEX

COMPENSATION OF STATE OFFICIALS District attorneys, assistant district attorneys, district attorney investigators; compensation ..................................................................HB 268
COMPENSATION RESOLUTIONS B & A Construction Company, Inc.; compensate ....................................................HR 86 Echols, Douglas; compensate ...................................................................................HR 96 Harrison, Clarence; compensate .............................................................................HR 108 Innocent Persons' Compensation Act; provisions ..................................................HB 682 Scott, Samuel H.; compensate ..................................................................................HR 95
COMPUTERS (See Digital Equipment and Computers)
CONDEMNATION PROCEDURES Eminent domain; right of state; limitation on purposes ........................................... SB 86 Income tax; exclude capital gain on certain property conversion ..........................HB 210 Property; condemnation power; limitations - CA ....................................................HR 87
CONDOLENCES Abrams, Glenn, Sr.; condolences ...........................................................................HR 626 Andrews, Jimmie R.; condolences ...........................................................................HR 99 Baker, Loring Keels; condolences............................................................................HR 34 Barnes, Judge Rowland W.; condolences...............................................................HR 602 Barnett, William M.; condolences..........................................................................HR 583 Bentley, George Edward; condolences...................................................................HR 182 Beyrle, Joseph Robert; condolences.........................................................................HR 38 Black, Lucius; condolences ....................................................................................HR 105 Blackburn, James E., Sr.; condolences...................................................................HR 916 Bootle, Judge William Augustus; condolences ......................................................HR 138 Bower, Thomas L. "Tom" II; condolences.............................................................HR 156 Brinson, Elder Robert Lee, Sr.; condolences..........................................................HR 400 Brooks, Lillie Mayweather; condolences ...............................................................HR 980 Buffington, Joe Jr.; condolences.............................................................................HR 149 Busbee, George Dekle; condolences ......................................................................HR 961 Capps, John B. "Jack"; condolences.......................................................................HR 887 Cartledge, Raymond Leon; condolences ................................................................HR 397 Cathey, Bob Bryan; condolences............................................................................HR 155 Chandler, William Lewis "Bill"; condolences .......................................................HR 102 Charles, Ray; honor life; Jamie Foxx, star of the movie RAY; invite to House...........................................................................HR 407 Chisholm, Shirley St. Hill; condolences.................................................................HR 187 Clark, Rudolph; condolences..................................................................................HR 157 Cochran, Johnnie, Jr.; condolences ........................................................................HR 972

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INDEX

4579

Cox, John; condolences ..........................................................................................HR 684 Darnell, Harriet G.; condolences; H. G. Darnell Senior
Multipurpose Facility; commend.........................................................................HR 389 Davis, Ossie; condolences ......................................................................................HR 422 Dyer, Watson Benjamin; condolences....................................................................HR 919 Efiong Udo Ekong, Professor Donald; condolences ..............................................HR 736 Fabiani, Rozell Fair; condolences ..........................................................................HR 618 Flournoy, Honorable Robert Edward, Jr.; condolences .........................................HR 826 Foote, Irving Flint "Bud"; condolences ..................................................................HR 883 Fowler, Tillie K.; condolences ...............................................................................HR 396 Gates, Aril Allison; condolences ............................................................................HR 783 Gignilliat, Edward H. "Ned"; condolences.............................................................HR 284 Ginn, Ronald Bryan "Bo"; condolences ...................................................................HR 31 Glenn, Eudella N.; condolences .............................................................................HR 829 Goldsmith, Tally Cleotis "Quoty"; condolences ......................................................HR 16 Hancock, Alice Jean; condolences .........................................................................HR 934 Harper, Honorable John V.; condolences...............................................................HR 128 Harvey, Walter Everett; condolences .....................................................................HR 313 Hobgood, Noel Hayes "Hob", Jr. and Mary Bob Acree; condolences...................HR 499 Hollowell, Donald L.; condolences; invite family to House ..................................HR 236 Horkan, Honorable George Arthur, Jr.; condolences .............................................HR 207 Howard, Mrs. Julia Ann; condolences....................................................................HR 811 Jones, David, Jr.; condolences................................................................................HR 697 Katz, Helen Richards Whittle; condolences .............................................................HR 57 Kay, Charles Lamar; condolences ............................................................................HR 18 Keith, Mrs. Carrie B.; condolences ........................................................................HR 598 Lambert, Blanche Polite; condolences ...................................................................HR 915 Lane, Mrs. Dora L.; condolences ...........................................................................HR 577 Lawson, Lincie Dee; condolences ..........................................................................HR 831 Ledford, Jean and Holmes; condolences ................................................................HR 890 Lee, W. Freddie; condolences ..................................................................................HR 20 Lester, Donald P.; condolences; Lester, Jack, and Keith; commend .....................HR 159 Linder, Reverend Early; condolences.....................................................................HR 401 Lodge, Commissioner Herman; condolences.........................................................HR 265 Mathews, Ethel Mae; condolences .........................................................................HR 849 Mathis, Kathy Reeves; condolences.......................................................................HR 189 Mauldin, Archie Thomas "A. T."; condolences .......................................................HR 19 McRae, Jean W.; condolences ................................................................................HR 282 Merritt, Stephen Michael; condolences ..................................................................HR 646 Miller, Ruth Joan; condolences ..............................................................................HR 794 Myers, James Frank, Jr.; condolences ......................................................................HR 52 Myers, James Frank, Jr.; condolences ....................................................................HR 107 Nix, Ed; condolences ..............................................................................................HR 154

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4580

INDEX

Patten, Edward, Sr.; condolences ...........................................................................HR 964 Perry, Jim; condolences ........................................................................................HR 1025 Perryman, Lois Stene; condolences........................................................................HR 609 Persons, Mayor Augustus Pou "Gus" III; condolences ..........................................HR 376 Pittman, U. H., Jr.; condolences .............................................................................HR 844 Powell, Robert "Buzz"; condolences......................................................................HR 104 Robinson, Johnny; condolences .............................................................................HR 757 Romberg, Carl Bernhard II; condolences ...............................................................HR 153 Samples, Lamar; condolences ................................................................................HR 323 Savage, Wiley Lamar "Apple"; condolences .........................................................HR 245 Sears, Joe; condolences ..........................................................................................HR 381 Smith, Nolie Joiner; condolences ...........................................................................HR 158 Smith, Verla T.; condolences .................................................................................HR 146 Starnes, Dr. Roger; condolences.............................................................................HR 767 Tapley, Ralph; condolences....................................................................................HR 851 Thompson, Albert W.; condolences .......................................................................HR 968 Thompson, Donald Homer "Tommy"; condolences ..............................................HR 224 Thompson, Virginia Mae Hines; condolences .........................................................HR 79 Vandiver, Samuel Ernest; former Governor of Georgia; condolences...................HR 335 Varnadoe, William II; condolences ........................................................................HR 144 Walker, Betty Jean Jacobs; condolences ................................................................HR 888 Wallis, Henry Washington "Buddy" Jr.; condolences............................................HR 145 Weissinger, William S. "Bill"; condolences...........................................................HR 768 Williams, G. B.; condolences .................................................................................HR 526 Wilson, Travon; condolences .................................................................................HR 585 Winge, Revenal E.; condolences ............................................................................HR 946
CONSERVATION AND NATURAL RESOURCES Blue Ribbon Committee on Jekyll Island; encourage governor to appoint .............................................................................................................HR 722 Coastal waters, beaches, and sand dunes; permits or variance applications; timely decisions..............................................................................HB 401 Dams; require Department of Natural Resources provide certain information to superior court clerks ....................................................................HB 496 Deadhead logging operations in Altamaha or Flint rivers; authorize..................... SB 283 Employees' Retirement; certain law enforcement officers; amend provisions .................................................................................................HB 132 Environmental Facilities Authority; rename; amend provisions............................HB 436 Environmental protection; permits; appeals; stays................................................. SB 190 Georgia Land Conservation Council; create ............................................................HB 98 Georgia Transportation Infrastructure Bank Act; enact .........................................HB 137 Georgia Water Quality Control Act; change certain provisions; provide for fees ....................................................................................................HB 550

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INDEX

4581

Ground-water withdrawal; permits; measuring devices; amend provisions.............................................................................................................HB 746
Hazardous site reuse and redevelopment; amend provisions ................................. SB 277 Public water systems; individual water meters; provisions....................................HB 889 River Basin Protection Act; enact ............................................................................HB 55 Septic tank waste; regulation and permitting; certain land
disposal sites ..........................................................................................................HB 54 Sewage Holding Tank Act; revise ..........................................................................HB 352 Soil Scientists Licensing Act; licensure; regulations ............................................... SB 95 Solid waste management; revise solid waste and tire disposal laws ...................... SB 122 Solid waste management; tire disposal; repeal and change
certain provisions...................................................................................................HB 23 State agencies; reports to General Assembly; notification of availability ............... SB 49 State Forestry Commission; provide additional powers.........................................HB 929 State-wide tourism marketing program; Department of Economic
Development; state halls of fame ........................................................................ SB 125 Waste disposal sites; increase distance from county or city boundaries ................HB 533 Water resources; interbasin and intrabasin transfers; change
certain provisions...................................................................................................HB 53
CONSPIRACY AND SOLICITATION Conspiracy to commit a crime; change certain penalties .......................................HB 386 Criminal attempt; change certain penalties ............................................................HB 387 Criminal solicitation; crime punishable by death or life imprisonment; penalty .........................................................................................HB 398
CONSTITUTIONAL AMENDMENTS Ad valorem tax; appraisal value; owner's acquisition cost.......................................HR 85 Ad valorem tax; limitation upon rate of increase in value .....................................HR 162 Ad valorem tax; limitations on millage rate or valuation increases ...........................HR 1 Ad valorem tax; limitations on millage rate or valuation increases ...........................HR 2 Ad valorem tax; limitations on millage rate or valuation increases ...........................HR 3 Ad valorem tax; tangible property; eliminate.........................................................HR 634 Elections; voter to view all sections of proposed constitutional amendment...........................................................................................................HB 359 Fishing and hunting; preserve for the people and manage by law for the public good .......................................................................................... SR 67 House of Representatives; apportionment; single member districts ........................HR 49 House of Representatives; single-member districts..................................................HR 64 House; apportion as single member districts............................................................HR 25 Illegal aliens; bar from receiving public funded services.......................................HR 256 Local boards of education; reimburse expenses of certain elections .....................HR 160 Low-interest mortgage loans for certain government employees; provide ............HR 903

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4582

INDEX

Mobile phone usage in motor vehicles; Public Service Commission regulate.................................................................................................................HR 536
National Guard or reserves; financial assistance to certain resident families.....................................................................................................HR 65
Open records and open meetings; local and state governments; exceptions ............................................................................................................HR 411
Pari-mutuel betting; remove prohibition; taxation; dedication of revenue ..............................................................................................................HR 90
Peace Officers' Annuity and Benefit Fund; retirement credit; funding ...................................................................................................................HR 30
Peace Officers' Annuity Benefit Fund; credit for service prior to 1/1/76 ..............HR 385 Persons convicted of certain felonies; voting provisions; prohibitions......................HR 7 Persons convicted of certain felonies; voting provisions; prohibitions......................HR 9 Property tax for education; replace with sales tax....................................................HR 58 Property; condemnation power; limitations .............................................................HR 87 Public transportation; governmental function; create corporation
or authority...........................................................................................................HR 168 Real estate transfer and intangible recording taxes; increase and
allocate revenue .....................................................................................................HR 26 Sales tax for educational purposes; authorize under certain conditions.................HR 773 Sales tax on food and beverage; fund relief from ad valorem tax............................HR 93 School health and physical education support program; special
license plates ........................................................................................................HR 365 State flag; change design; advisory referendum.......................................................HB 15 Supreme Court, Appeals Court, superior and state courts; judges;
partisan elections..................................................................................................HR 855
CONSUMER AFFAIRS Assisted living facilities; Levels I and II; provisions .............................................HB 206 Attorney General; consumer protection; initiate civil actions................................HB 646 Commercial drivers' licenses; redefine commercial motor vehicle and recreational vehicle ......................................................................................... SB 28 Common-sense Consumption Act; amend provisions ...........................................HB 196 Computer Security Act of 2005; enact ................................................................... SB 127 Consumer Right to Participate Act; enact ..............................................................HB 779 Gambling; prohibit pyramid promotional schemes; definitions; penalties ............ SB 141 Georgia Predatory Lending Prevention Act; enact.................................................HB 808 Gift Card Integrity Act of 2005; enact...................................................................... SB 13 Information brokers; require notice to consumers of security breaches................. SB 230 Insurance; consumer protection; establish task force .............................................HB 330 Life insurance; Life Settlements Act; transfer death benefit to life settlement contract..................................................................................... SB 217 Phone cards; disclose terms at time of purchase; provisions .................................HB 245

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INDEX

4583

Slam Spam E-mail Act; deceptive commercial e-mail; criminal penalties ................................................................................................................. SB 62
Tanning facilities; definitions and provisions ........................................................HB 702
CONTRACTORS (CONSTRUCTION) Construction defect claim; fulfillment or settlement; provisions ...........................HB 307 Nonprofit Contractor Oversight Panel; establish....................................................HB 138 Plumbing; licensure requirements; exception.........................................................HB 207 Residential and general contractors; licensure and regulation ............................... SB 124 Residential and General Contractors State Licensing Board; membership..........................................................................................................HB 184 Sales tax; certain tangible property used by contractors; amend provisions.............................................................................................................HB 306
CONTRACTS Executive branch; privatization contracts; requirements........................................HB 472 Interlocal Cooperation Act; enact...........................................................................HB 570 Revenue, Department of; contracting private entities for collections; prohibit.................................................................................................................HB 652 Sales tax; certain tangible property used by contractors; amend provisions.............................................................................................................HB 306 State and local governments; revenue bonds; interest rate management plans; derivative transactions ......................................................... SB 227 State crime laboratory; private contract laboratories; reports ................................HB 347 State departments; revisions and transfer of power and duties ..............................HB 312 Transportation, Department of; design-build contracts; revise criteria..................HB 530 Transportation, Department of; design-build contracts; revise criteria.................. SB 231
CONTROLLED SUBSTANCES Advanced practice registered nurse; controlled substances; provisions.............................................................................................................HB 935 Arrests for methamphetamine crimes; certain instances; notify DFACS.................................................................................................................HB 690 Controlled substances and dangerous drugs; amend lists......................................... SB 89 Controlled substances for medical purposes; immunity; Pain Management Ad Hoc Advisory Committee ........................................................ SB 109 Core curriculum requirements; include dangers of methamphetamine use ...........HB 689 Courts; establish drug court divisions; family court division pilot project; authorize digital records management ...........................................HB 254 Driving under the influence; persons legally entitled to use intoxicating substances; delete provisions...........................................................HB 286 Georgia Bureau of Investigation; director's title; mobile cocaine education van ....................................................................................................... SB 146

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4584

INDEX

Motor vehicles; prohibit false compartments .........................................................HB 278 Prescription drug orders; electronic transmission; amend provisions....................HB 246 Products used in preparation of methamphetamine; regulate sales..........................HB 45 Products with pseudoephedrine; limitations...........................................................HB 686 Pseudoephedrine sales; limitations and restrictions; requirements;
penalties ...............................................................................................................HB 216 Pseudoephedrine sales; requirements, limitations, and restrictions .........................HB 19 Psychologists; administer and prescribe drugs; provisions ....................................HB 923 Punishment for certain offenses; amend.................................................................HB 175
CONVEYANCES OF PROPERTY (See Public Property)
CONYERS, CITY OF; homestead exemption; assessed value ..............................HB 636
CORONERS Clerks of superior court and coroners; qualifying; nonpartisan election.................................................................................................................HB 403 Coroners and deputy coroners; compensation; provisions.....................................HB 508 Elections; county offices; General Assembly provide by local law.......................HB 305 House Study Committee on Coroners' Compensation; create................................HR 606 Nonpartisan elections; include certain county officers...........................................HB 433 Nonpartisan elections; include certain county offices............................................HB 892
CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS Income tax deductions; purchases treated as expenses; contributions; Georgia National Guard.......................................................................................HB 282 Income tax; corporations; allocation and apportionment formulas; revise ....................................................................................................................HB 191 Income tax; corporations; gradual reduction; abolishment ......................................HB 24 Insurance; insurable interest in life of insured........................................................HB 443 Property owners' associations; open meetings; exception......................................HB 185 Taxable net income; certain business relocations; exclude attributable income ................................................................................................HB 12 Torts; asbestos claims and successor corporations; provisions..............................HB 925
CORRECTIONS, DEPARTMENT OF (See Penal Institutions)
COSMETOLOGISTS Cosmetologists; redefine; include hair braiders and hair designers; certification provisions ........................................................................................ SB 145 State Board of Cosmetology; terminate; repeal Chapter 10 of Title 43.................................................................................................................HB 385

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4585

COUNTIES (Also, see Local Government or Named County) Ad valorem tax returns; real property and tangible personal property located on premises of airports ............................................................................ SB 291 Ad valorem tax; county tax assessors; property valuation appeal; change certain provision ......................................................................................HB 560 Ad valorem tax; county tax digest; assessed valuations.........................................HB 516 Ad valorem tax; limitations on millage rate or valuation increases CA..................HR 1 Ad valorem tax; limitations on millage rate or valuation increases CA..................HR 2 Ad valorem tax; limitations on millage rate or valuation increases CA..................HR 3 Alcoholic beverages; municipal or county licenses; increase fee ..........................HB 720 Baldwin, Banks, Burke, Chatham, Douglas, Fulton, and Newton counties; grant easements ...................................................................................... SR 80 Bianca Walton Anti-Bullying Act; enact................................................................HB 424 Business and occupation tax; certain regulatory fees by local governments.........................................................................................................HB 304 Clerks of superior court and coroners; qualifying; nonpartisan election.................................................................................................................HB 403 Community Development Block Grant Program; urge support.............................HR 386 Consolidated government; voting provisions; effects of abstention and ties .................................................................................................................HB 659 Coroners and deputy coroners; compensation; provisions.....................................HB 508 Council on Affordable Housing; create....................................................................HB 39 Counties and municipalities; expand purposes for using federal funds .................HB 186 Counties and municipalities; public water and sewage systems; prohibitions; exceptions.......................................................................................HB 510 Counties housing state inmates awaiting transfer; reimbursement rate........................................................................................................................HB 477 County and municipal insurance taxes; certain early distribution; provisions.............................................................................................................HB 189 County boards of equalization; appeals to superior courts; repeal right ................HB 896 County officers; nonpartisan elections .....................................................................HB 63 County offices; nonpartisan elections; General Assembly provide by local law............................................................................................................HB 62 County offices; nonpartisan elections; General Assembly provide by local law..........................................................................................................HB 305 County offices of sheriff-elect; create and provide indemnification......................HB 934 County police; inspection of roads and bridges; repeal..........................................HB 557 County school superintendents; employment contract; publication.........................HB 32 Dams; require Department of Natural Resources provide certain information to superior court clerks ....................................................................HB 496 Development Impact Fee Act; amend provisions ..................................................HB 637 Division of Archives and History; recognize religious heritage; provisions.............................................................................................................HB 914

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4586

INDEX

Education; certain historical documents; prohibit restriction.................................HB 158 Education; program weights; expenditure controls; charter schools;
student achievement; exception to certain driver's license requirement................ SB 35 Elections; sheriffs; nonpartisan elections ................................................................. SB 80 Election superintendent; office to remain open until ballots
are counted.............................................................................................................HB 33 Employees' Retirement; certain employees of county correctional
facilities; provisions.............................................................................................HB 311 Employees' Retirement; certain groups included ...................................................HB 362 Enhanced redevelopment powers; definitions and provisions ...............................HB 152 Georgia Land Conservation Council; create ............................................................HB 98 Georgia Procurement Registry; certain bid advertisements; local
governments.........................................................................................................HB 833 Georgia Rural Development Council; create; state service delivery
regions; amend description .................................................................................. SB 144 Georgia Smokefree Air Act of 2005; enact ............................................................HB 426 Guardians of adults; amend provisions; public guardians; definitions ..................HB 500 Hotels and motels; 5 percent tax rate; counties promoting tourism;
conventions, trade shows ..................................................................................... SB 194 Hotel-motel tax; certain trails and walkways; expenditure requirements;
rates levied ...........................................................................................................HB 374 Hotel-motel tax; local governments; amend provisions.........................................HB 765 Hotel-motel tax; review board; amend certain provisions .....................................HB 505 Hunting deer with dogs; open seasons; amend certain provisions .........................HB 503 Impact fees; single family construction; provide maximum ..................................HB 547 Income tax credit; businesses adding employees; computation .............................HB 468 Income tax credits; certain businesses; less developed areas.................................HB 389 Income tax credits; certain counties; wireless telecommunications
carrier ...................................................................................................................HB 536 Intangible tax; property in more than one county; prorated payment ....................HB 265 Interlocal Cooperation Act; enact...........................................................................HB 570 Joint county and municipal sales tax on motor fuel; authorize;
referendum ...........................................................................................................HB 797 Judicial Retirement; creditable service for certain prior service;
transfer contributions ...........................................................................................HB 486 Local boards of education; adopt code of ethics ......................................................HB 14 Local boards of education; driver education courses; provisions ..........................HB 814 Local boards of education; employment benefits; authorize expenditure
of funds .................................................................................................................. SB 98 Local boards of education; establish start date of school year ...............................HB 285 Local boards of education; health benefit plan; certain members..........................HB 462 Local boards of education; training members; amend certain
provisions.............................................................................................................HB 250

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INDEX

4587

Local development authorities; authorize per diem ...............................................HB 469 Local government contracts; optional bidding preference; local
businesses.............................................................................................................HB 220 Local government permits for certain Sunday events; repeal provisions............... SB 287 Local option sales tax; capital outlay; eligible expenditures..................................HB 825 Local victim assistance funds; assessment and collection;
amend provisions .................................................................................................HB 192 Lovejoy to Atlanta rail project; obligation of state; operating
subsidy agreements ..............................................................................................HR 254 Minimum wage mandates by local governments; change certain
provisions...............................................................................................................HB 59 Misdemeanor traffic offenses; fines to be paid into state treasury.........................HB 419 Motor vehicles; highway work zones; required signage ........................................HB 160 Municipal corporations; creation; revise provisions ................................................HB 36 Nonpartisan elections; include certain county officers...........................................HB 433 Nonpartisan elections; include certain county offices............................................HB 892 Nuisances; county and municipal abatement powers; unfit buildings .....................HB 96 Optional employee benefit plans; certain governmental entities;
administrative fees ...............................................................................................HB 388 Probation services provided by local governments; standards
for officers............................................................................................................HB 884 Sales and use tax; certain motor vehicle transactions; change tax situs...................HB 22 Sales tax situs; state resident; county of residence ...................................................HB 76 School clubs; local boards provide information to parents; policies
and procedures .....................................................................................................HB 661 Septic tank waste; regulation and permitting; certain land disposal sites ................HB 54 Sheriffs; engaging in certain businesses; violation of oath ....................................HB 323 Sheriffs; nonpartisan elections................................................................................HB 241 Sheriffs; vacancies in office; amend provisions .....................................................HB 521 Smokefree Air Act of 2005; enact ............................................................................ SB 90 Special county 1 percent sales tax; amend provisions............................................HB 493 State agencies; reports to General Assembly; notification of availability ............... SB 49 State and local governments; revenue bonds; interest rate management
plan; derivative transactions ................................................................................ SB 227 Superior court clerk; serve in state, magistrate, and juvenile court
of county ..............................................................................................................HB 475 Tax commissioners and tax collectors; tax sales proceeds; ex officio
sheriffs .................................................................................................................HB 527 Tax executions and judicial sales; prohibit certain sales; exceptions.......................HB 38 Tax executions; property; prohibit sale to county tax commissioners ...................HB 368 Waste disposal sites; increase distance from county or city boundaries ................HB 533 Water resources; interbasin and intrabasin transfers; change certain
provisions...............................................................................................................HB 53

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4588

INDEX

COUNTY BOARDS OF HEALTH "Baby's Right to Know Act"; enact ............................................................................HB 4 Children and youth services; child protective services workers; amend provisions .................................................................................................HB 605 Guardians of adults; amend provisions; public guardians; definitions ..................HB 500 Optional employee benefit plans; certain governmental entities; administrative fees ...............................................................................................HB 388 Tuberculosis hospitalization; amend provisions....................................................... SB 56
COURTS (Also, see Crimes and Offenses or Criminal Procedure) Abortion; Woman's Right to Know Act; enact.......................................................HB 197 Assistant public defender; provide for each juvenile division ...............................HB 316 Bail bonds; fees of sureties .....................................................................................HB 594 Bail bondsmen; compensation; definition ..............................................................HB 592 Bonds or recognizances; forfeiture due to failure to appear; notice.......................HB 593 Bonds or recognizances; forfeiture proceedings; deportation ................................HB 591 Certificate of permanent location; manufactured homes; delete references to mobile homes ................................................................................. SB 253 Cherokee Judicial Circuit; add new judge..............................................................HB 204 Civil practice; class action certification; appellate procedures ................................ SB 19 Civil practice; evidence, insurance, professions and businesses, and torts; comprehensive revision of provisions relating to health care ................................. SB 3 Civil practice; offers of judgment; provide for procedures ....................................HB 574 Civil practice; settlement offers; litigation costs ....................................................HB 239 Civil practice; trial continuance; members of General Assembly; amend provisions .................................................................................................HB 716 Civil practice; venue; actions against joint defendants ..........................................HB 238 Civil practice; venue; actions against joint defendants ..........................................HB 573 Clayton Judicial Circuit; district attorney; salary supplement ............................... SB 355 Clayton Judicial Circuit; superior court judges; salary supplement....................... SB 341 Clerks of courts; documents; records; create and maintain digital copies .............HB 453 Clerks of superior court and coroners; qualifying; nonpartisan election ...............HB 403 Cobb Judicial Circuit; judges; supplement.............................................................HB 456 Council of Municipal Court Judges of Georgia; membership provisions.............................................................................................................HB 531 Court fines and forfeitures; civil filing fee; indigent defense fund ........................HB 771 Court reports; rules and decision compilations; provisions ...................................HB 514 Courts; establish drug court divisions; family court division pilot project; authorize digital records management ...........................................HB 254 Courts; requesting judicial assistance from other courts, judges and senior judges ........................................................................................................HB 609 Courts; senior judge; amend appointment provisions ............................................HB 865 Crime Victims Restitution Act of 2005; enact .......................................................HB 172

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4589

Criminal Justice Act of 2005; enact .......................................................................HB 170 Criminal procedure; discovery in felony cases; change certain
provisions.............................................................................................................HB 222 Dams; require Department of Natural Resources provide certain
information to superior court clerks ....................................................................HB 496 District attorneys emeritus; salary; eligibility ........................................................HB 651 District attorneys, assistant district attorneys, district attorney
investigators; compensation.................................................................................HB 268 Divorce; additional filing fee for Children's Trust Fund ........................................HB 224 Douglas Judicial Circuit; district attorney; authorize employing
certain personnel .................................................................................................. SB 235 Driver's education and minors; traffic fines; Georgia Driver's
Education Commission; Joshua's Law ................................................................ SB 226 Dublin Judicial Circuit; add judge..........................................................................HB 232 Evidence; expert witnesses; qualifications .............................................................HB 572 Family Court Division; Superior Court of Fulton County; pilot
project ..................................................................................................................HB 296 Flint Judicial Circuit; add judge .............................................................................HB 134 Georgia Driver's Education Commission; create; Joshua's Law ............................HB 584 Gwinnett Judicial Circuit; add judge ......................................................................HB 489 Gwinnett Judicial Circuit; judges; salary supplements .......................................... SB 185 Indigents; legal defense; amend certain provisions................................................HB 366 Judicial accounting; penalties for failure to remit funds; repeal ............................HB 535 Judicial Circuits; Appalachian, Cherokee, Flint, Gwinnett,
and Southern circuits; add judgeships ...................................................................HB 97 Juries; exemption; caregivers of certain children ...................................................HB 376 Juvenile court; guardian ad litem; training for deprivation cases;
exempt certain attorneys ......................................................................................HB 212 Juvenile court judges; nonpartisan election; provisions.........................................HB 894 Juvenile court; jurisdiction; transferring cases from Superior Court .....................HB 325 Juvenile courts; salary supplements; amend provisions.........................................HB 334 Juvenile court; superior court transferring certain cases; amend
provisions.............................................................................................................HB 181 Juvenile court supervision fees; use for truancy intervention services .................... SB 97 Juvenile Law Commission; create .......................................................................... SR 161 Juvenile proceedings; court supervision fees; amend certain provisions...............HB 335 Juvenile proceedings; delinquent or unruly child; bail........................................... SB 136 Juvenile proceedings; disposition of delinquent child; youth
development centers; certain alternative programs ............................................. SB 134 Juvenile proceedings; disposition of deprived child; reunification
efforts; child placement .......................................................................................HB 333 Juvenile proceedings; emancipation of minors by petition ....................................HB 847 Law school graduates; state bar exam; Supreme Court powers .............................HB 150

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4590

INDEX

Local juvenile diversion programs; programs approved by court; fine surcharge.........................................................................................................HB 77
Local juvenile diversion programs; programs approved by court; fine surcharges .......................................................................................................HB 79
Local victim assistance funds; assessment and collection; provisions...................HB 192 Magistrate court; certain cases; right of removal for jury trial...............................HB 677 Marriage license applications; premarital education; provisions ...........................HB 378 Medical malpractice; health information; disclosure .............................................HB 575 Medical malpractice; procedures relating to actions ..............................................HB 571 Military members on ordered duty; extend certain licenses; jury
duty exemption; termination of certain contracts ................................................ SB 258 Misdemeanor traffic offenses; fines to be paid into state treasury.............................HB 6 Misdemeanor traffic offenses; fines to be paid into state treasury.........................HB 419 Notaries public; additional qualifications; applications; amend provisions...........HB 494 Oral or wireless transmissions; pen register or trap and trace device;
judicial order ........................................................................................................ SB 269 Parental rights; petitions to terminate; change provisions......................................HB 195 Pataula Circuit; change certain terms of court........................................................ SB 264 Paternity; legitimation proceedings .......................................................................... SB 53 President's Supreme Court nominees; urge Georgia U.S. Senators
to support .............................................................................................................HR 167 Pretrial intervention and diversion programs; authorize certain courts
to administer ........................................................................................................HB 718 Pretrial proceedings; certain indicted minors; jurisdiction of superior
courts.................................................................................................................... SB 135 Probate courts; additional civil filing fee; clarify...................................................HB 561 Retirement; circuit public defender; select Employees or Judicial System ...........HB 391 Rockdale Judicial Circuit; court reporters' salary; provisions................................HB 635 Sheriffs; engaging in certain businesses; violation of oath ....................................HB 323 Sheriffs; nonpartisan elections................................................................................HB 241 Sheriffs; suspension; maximum time and extension ..............................................HB 349 Sheriffs; vacancies in office; amend provisions .....................................................HB 521 Southern Judicial Circuits; judges; supplement compensation ..............................HB 610 State agencies; reports to General Assembly; notification of availability ............... SB 49 State budgeting; comprehensive revision of provisions; legislative
budget offices....................................................................................................... SB 254 Stone Mountain Judicial Circuit; compensation; supplement ................................HB 789 Superior court clerk; serve in state, magistrate, and juvenile court
of county ..............................................................................................................HB 475 Superior Court Clerk's Retirement Fund; membership dues; provisions ...............HB 540 Superior courts; family court division; authorize creation .....................................HB 297 Supreme Court, Appeals Court, superior and state courts; judges;
partisan elections - CA.........................................................................................HR 855

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4591

Torts; asbestos or silica claims; definition of provisions .......................................HB 416 Torts; joint tort-feasors; award and apportionment of damages.............................HB 231 Traffic violations bureau; imposition of penalties..................................................HB 176 Trial juries; misdemeanor, felony, death penalty cases, and jointly
indicted defendants; equal number of peremptory challenges ................................ SB 2 Trusts; allocation of principal and income; amend provisions...............................HB 406
COVERDELL, PAUL D.; rename Legislative Office Building in his honor ...............................................................................................................HR 47
CRAWFORD COUNTY; board of elections and registration; create ....................HB 830
CRIMES AND OFFENSES (CRIMINAL CODE) Abortion; facilities; certain medical equipment; certain procedures; requirements.........................................................................................................HB 888 Abortion; Woman's Right to Know Act; enact.......................................................HB 197 Accountants; licensing board; remove Code references to registered public accountants ................................................................................................. SB 55 Aggravated child molestation; prosecution; amend time limitation.......................HB 169 Aggravated sodomy; change age limitation; provide for imposition of death penalty......................................................................................................HB 13 Arrests for methamphetamine crimes; certain instances; notify DFACS.................................................................................................................HB 690 Barratry; Code section; repeal ................................................................................HB 804 Capital Punishment Study Commission; create......................................................HR 301 Carrying weapons in school safety zones; prohibition; include parks ...................HB 544 Computer Security Act of 2005; enact ................................................................... SB 127 Conspiracy to commit a crime; change certain penalties .......................................HB 386 Controlled substances and dangerous drugs; amend lists......................................... SB 89 Controlled substances for medical purposes; immunity; Pain Management Ad Hoc Advisory Committee ........................................................ SB 109 Controlled substances; motor vehicles; prohibit false compartments ....................HB 278 Controlled substances; products used in preparation of methamphetamine; regulate sales ..........................................................................HB 45 Controlled substances; products with pseudoephedrine; limitations......................HB 686 Controlled substances; pseudoephedrine sales; requirements, limitations, and restrictions....................................................................................HB 19 Controlled substances; punishment for offenses; amend .......................................HB 175 Crimes; impersonating veteran or active duty member; define offense...................HB 80 Crimes; make abortion unlawful ..............................................................................HB 93 Crimes; theft by conversion of health care benefits; define offense ......................HB 214 Crime Victims Restitution Act of 2005; enact .......................................................HB 172 Criminal attempt; change certain penalties ............................................................HB 387

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4592

INDEX

Criminal background checks; authorize national exchange of information............................................................................................................... SB 6
Criminal Justice Act of 2005; enact .......................................................................HB 170 Criminal procedure; serious violent offenders; eliminate mandatory
minimum punishment ..........................................................................................HB 607 Criminal solicitation; crime punishable by death or life imprisonment;
penalty..................................................................................................................HB 398 Deadly weapons; carrying to public gathering; exception to prohibition ..............HB 193 Dog fighting; prohibit; punishments; amend provisions ........................................HB 734 Emergency vehicles; restrictions to use blue lights; exceptions;
penalties ............................................................................................................... SB 178 Female genital mutilation; define offense; penalties; exceptions.............................HB 10 Feticide; redefine manslaughter, assault, battery; define
unborn child .........................................................................................................HB 243 Firearms; crime of discharging on Sunday; repeal provisions ............................... SB 259 Firearms; license to carry; prohibition; certain conviction.....................................HB 793 Fireworks; redefine; exclude model rockets, paper caps, sparklers;
conditions of sale ................................................................................................. SB 133 Gambling; pyramid promotional schemes; define; prohibit................................... SB 141 Georgia Smokefree Air Act of 2005; enact ............................................................HB 426 Georgia Street Gang Terrorism and Prevention Act; amend provisions................HB 130 Governmental agencies; prohibit employment of persons illegally
in country .............................................................................................................HB 177 Gun sales and gun dealers; regulations; comprehensive revision
of provisions ........................................................................................................ SB 175 House Study Committee on Restructuring Georgia's Criminal
Penalties; create ...................................................................................................HR 515 Identity fraud; companies collecting identity information; requirements ..............HB 649 Joint House-Senate Study Committee on the Restructuring of
Georgia's Criminal Penalties; create....................................................................HR 490 Motor vehicle license plates; prohibit covering with certain materials;
penalties ................................................................................................................. SB 93 Murder; certain offender not sentenced to death; life without parole ....................HB 248 Obstructing placement of emergency phone calls; redefine offense......................HB 187 Oral or wireless transmissions; pen register or trap and trace device;
judicial order ........................................................................................................ SB 269 Persons convicted of certain felonies; voting provisions;
prohibitions - CA .....................................................................................................HR 7 Persons convicted of certain felonies; voting provisions;
prohibitions - CA .....................................................................................................HR 9 Pseudoephedrine sales; limitations and restrictions; requirements;
penalties ...............................................................................................................HB 216 Public retirement; members convicted of certain crimes; forfeit benefits .............HB 529

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INDEX

4593

Public transit systems; sales and solicitations within facilities; prohibit ............... SB 129 Registered sexual offender; publish photo in legal organ ......................................HB 188 Repeat offenders; certain murder conviction; life without parole............................ SB 57 Residential Mortgage Fraud Act; enact; include in racketeering
activity definition................................................................................................. SB 100 Serious sexual offenders; satellite based monitoring; authorize
program................................................................................................................HB 886 Sexual offender registry; amend registration requirements; change
and add certain definitions...................................................................................HB 106 Sexual offender registry; pardon or parole; registration verification .....................HB 171 Sexual offender registry; sexually violent offense; redefine..................................HB 140 Sexual offenses; raise the age of consent to 18 years of age..................................HB 722 Slam Spam E-mail Act; deceptive commercial e-mail; criminal
penalties ................................................................................................................. SB 62 Smokefree Air Act of 2005; enact ............................................................................ SB 90 Smoking on school bus or other public or private school vehicle
transporting children; define offense................................................................... SB 196 Street gang terrorism and prevention; amend and add certain
definitions .............................................................................................................. SB 58 Tattooing near the eye; expand exception to offense .............................................HB 883 Theft; certain services or property knowingly obtained by deception ...................HB 236 Video games; retailers post ratings system information; penalties
for violation.......................................................................................................... SB 106
CRIMINAL PROCEDURE Aggravated child molestation; prosecution; amend time limitation.......................HB 169 Aggravated sodomy; change age limitation; provide for imposition of death penalty......................................................................................................HB 13 Arrests for methamphetamine crimes; certain instances; notify DFACS.................................................................................................................HB 690 Assistant public defender; provide for each juvenile division ...............................HB 316 Bail bonds; fees of sureties .....................................................................................HB 594 Bail bondsmen; compensation; definition ..............................................................HB 592 Bail recovery agents; identification cards; requirements .......................................HB 596 Bonds or recognizances; forfeiture due to failure to appear; notice.......................HB 593 Bonds or recognizances; forfeiture proceedings; deportation ................................HB 591 Corrections; create division of probation and parole community-based supervision ...............................................................................HB 65 Crime Victims Restitution Act of 2005; enact .......................................................HB 172 Criminal Justice Act of 2005; enact .......................................................................HB 170 Criminal procedure; discovery in felony cases; change certain provisions ...........HB 222 Criminal procedure; selection of victim or property; enhance sentencing ............................................................................................................HB 890

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4594

INDEX

Criminal procedure; serious violent offenders; eliminate mandatory minimum punishment ..........................................................................................HB 607
Criminal solicitation; crime punishable by death or life imprisonment; penalty..................................................................................................................HB 398
Driver's education and minors; traffic fines; Georgia Driver Education Commission; Joshua's law ................................................................................... SB 226
Family violence protective orders and peace bonds; certain prohibitions .............HB 755 House Study Committee on Restructuring Georgia's Criminal
Penalties; create ...................................................................................................HR 515 Human Resources; criminal history information; provisions.................................HB 180 Indigents; legal defense; amend certain provisions................................................HB 366 Joint House-Senate Study Committee on the Restructuring of
Georgia's Criminal Penalties; create....................................................................HR 490 Local victim assistance funds; assessment and collection; provisions...................HB 192 Murder; certain offender not sentenced to death; life without parole ....................HB 248 Oral or wireless transmissions; pen register or tap and trace device;
judicial order ........................................................................................................ SB 269 Pretrial proceedings; certain indicted minors; jurisdiction of
superior courts...................................................................................................... SB 135 Public defenders; indigent defense services; recovery of fees ............................... SB 203 Registered sexual offender; publish photo in legal organ ......................................HB 188 Repeat offenders; certain murder conviction; life without parole............................ SB 57 Senior Protection Advisory Council; create .............................................................HB 51 Sexual offender registry; amend registration requirements;
change and add certain definitions ......................................................................HB 106 Slam Spam E-mail Act; deceptive commercial e-mail;
criminal penalties................................................................................................... SB 62 State budgeting; comprehensive revision of provisions; legislative
budget offices....................................................................................................... SB 254 State crime laboratory; private contract laboratories; reports ................................HB 347 State ordered executions; protect physicians and medical
professionals licensure...........................................................................................HB 57 Trial juries; misdemeanor, felony, death penalty cases, and jointly
indicted defendants; equal number of peremptory challenges ................................ SB 2 Work release programs; felony sentences; provisions ...........................................HB 432
CRISP COUNTY Board of elections and registration; create .............................................................HB 415
CRUELTY TO CHILDREN Aggravated child molestation; prosecution; amend time limitation.......................HB 169 Aggravated sodomy; change age limitation; provide for imposition of death penalty......................................................................................................HB 13

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4595

D
DADE COUNTY Board of elections and registration; create ............................................................. SB 354 Homestead exemption; educational purposes.........................................................HB 302
DAHLONEGA, CITY OF Dahlonega/Lumpkin County; establish as Georgia's Premier Sports Cycling Community .................................................................................HR 563 Mayors and council members; election and terms .................................................HB 617
DALE EARNHARDT DAY IN GEORGIA; designate April 29 annually ...........HR 240
DALTON, CITY OF Dalton-Whitfield Economic Development Authority; create.................................HB 818
DAMS Dams; require Department of Natural Resources provide certain information to superior court clerks ....................................................................HB 496
DAY CARE Community Living Services Joint Study Committee; create .................................HR 492 Criminal background checks; authorize certain exchange of information; elderly and child care.......................................................................... SB 6 Criminal history background checks; authorize national exchange .........................HB 50 Nonprofit youth development organizations; licensing; exemptions.....................HB 451
DEAF PERSONS (See Handicapped Persons)
DEATH PENALTY Aggravated sodomy; change age limitation; provide for imposition of death penalty......................................................................................................HB 13 Capital Punishment Study Commission; create......................................................HR 301 Criminal solicitation; crime punishable by death or life imprisonment; penalty..................................................................................................................HB 398 State ordered executions; protect physicians and medical professionals licensure .................................................................................................................HB 57 Trial juries; misdemeanor, felony, death penalty cases, and jointly indicted defendants; equal number of peremptory challenges ................................ SB 2
DEBTOR AND CREDITOR Fair Businesses Practice Act; spot delivery of motor vehicles; amend..................HB 879 Garnishment; exempt certain individual retirement accounts ................................HB 149

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4596

INDEX

DEKALB COUNTY Board of education; compensation .........................................................................HB 860 Board of registration and elections; compensation ................................................HB 788 Convey property .....................................................................................................HR 166 DeKalb County Commission; allow individuals to speak on issues ......................HB 517 DeKalb County Community Improvement District; amend act.............................HB 295 DeKalb County Court Technology Fund; create.................................................... SB 328 Grant easements........................................................................................................ SR 80 Homestead exemption; certain residents ................................................................HB 846 Homestead exemption; current year assessed value...............................................HB 595 Public defender; compensation...............................................................................HB 869 Sheriff; compensation.............................................................................................HB 787
DENT-DAUGHERTY-HAMILTON LEGISLATIVE OFFICE BUILDING; rename Legislative Office Building...................................HR 72
DENTISTS AND DENTAL HYGIENISTS "Health Share" Volunteers in Medicine Act; enact ................................................HB 166 House Study Committee on Georgia's Oral Health; create ....................................HR 489
DEVELOPMENT Community Development Block Grant Program; urge support.............................HR 386 Development Impact Fee Act; amend provisions ..................................................HB 637 Local development authorities; authorize per diem ...............................................HB 469
DEWAYNE KING, USMC, MEMORIAL BRIDGE; designate ...........................HR 91
DIGITAL EQUIPMENT AND COMPUTERS Businesses that collect computerized data; disclose breach of security.................HB 648 Computer Security Act of 2005; enact ................................................................... SB 127 Court reports; rules and decision compilations; provisions ...................................HB 514 Courts; establish drug court divisions; family court division pilot project; authorize digital records management....................................................HB 254 Electronic voting systems; require permanent paper record ..................................HB 740 Electronic voting systems; require permanent paper record ..................................HB 790 Health care providers; records; electronic format .................................................. SB 204 Identity fraud; companies collecting identifying information; requirements.........................................................................................................HB 649 Income tax; broadband equipment; exemption ......................................................HB 742 Information brokers; require notice to consumers of security breach.................... SB 230 Insurance; electronic notice of cancellation of policies to lien holders..................HB 418 Joint House and Senate Emerging Communications Technologies Study Committee; create...................................................................................... SR 298

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INDEX

4597

Sales tax exemption; certain school clothes, supplies, computer items; limited time ...................................................................................................HB 5
Slam Spam E-mail Act; deceptive commercial e-mail; criminal penalties ................................................................................................................. SB 62
Telecommunications; audible information access system for blind citizens ........................................................................................................HB 655
U. S. Senators from Georgia; support repeal of excise tax on telecommunications .............................................................................................HR 113
DISABLED PERSONS (See Handicapped Persons)
DISEASES AND METABOLIC DISORDERS Animals; amend provisions relating to bird dealers or pet dealers ........................HB 108 Cervical Cancer Elimination Task Force; create.................................................... SR 294 Indemnification; emergency rescue or public safety worker; certain impairment of health ................................................................................ SB 192 Tuberculosis hospitalization; amend provisions....................................................... SB 56
DISTRICT ATTORNEYS (See Prosecuting Attorneys)
DIVORCE (See Domestic Relations)
DODGE COUNTY; board of education; reapportion districts ...............................HB 844
DOGS Animal protection; impounded animal; amend provisions ....................................HB 735 Animal shelters; sterilization of cats and dogs; penalty for noncompliance ..........HB 249 Deer Management Act of 2005; weapons; limits; hunting with dogs; donation of certain deer to charitable organizations............................................ SB 201 Dog and cat sterilization fund; contributions; state income tax returns .................HB 452 Dog fighting; prohibit; punishments; amend provisions ........................................HB 734 Hunting deer with dogs; certain private land; license; provide..............................HB 484 Hunting deer with dogs; open seasons; amend certain provisions .........................HB 503 Hunting; state land management; hunting deer with dogs; permits ....................... SB 206 Nuisances; companion animal establishment; immunity from civil or criminal action under certain conditions ......................................................... SB 111 Pit bull dogs; define terms; prohibit possession; exceptions....................................HB 78
DOMESTIC RELATIONS "Baby's Right to Know Act"; enact ............................................................................HB 4 Child custody; certain actions; prohibitions ............................................................. SB 94 Child support; debt to state for unreimbursed public assistance payments; negotiation, waiver, or reduction.......................................................... SB 52

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4598

INDEX

Child support; failure to comply; imprisonment ....................................................HB 800 Child support; guidelines; basic obligation amounts; Child Support
Commission; create..............................................................................................HB 221 Child support; mentally or physically disabled child beyond age of
majority ................................................................................................................HB 142 Divorce; additional filing fee for Children's Trust Fund ........................................HB 224 Divorce; certain education classes required; change certain time limits.................. SB 25 Divorce; distribution of marital property; amend provisions ...................................HB 44 Family violence protective orders and peace bonds; certain prohibitions .............HB 755 Family violence; redefine .......................................................................................HB 753 Legitimacy petition; father may establish paternity of child..................................HB 287 Marriage license applications; premarital education; provisions ...........................HB 378 Parental rights; petitions to terminate; change provisions......................................HB 195 Paternity; legitimation proceedings .......................................................................... SB 53 Unmarried persons; certain benefits; neutrality of state and local laws...................HB 67 Violence Against Women Act; urge Georgia Congressional
Delegation to reauthorize.....................................................................................HR 391
DOOLEY-SANFORD STADIUM; designate at University of Georgia..................HR 13
DOUGHERTY COUNTY Change number of magistrates ...............................................................................HB 766 County administrator; purchase power...................................................................HB 767 State court judge; compensation.............................................................................HB 768
DOUGLAS COUNTY; grant easements ................................................................... SR 80
DOUGLAS JUDICIAL CIRCUIT District attorney; authorize employing certain personnel ...................................... SB 235
DRIVER TRAINING INSTRUCTORS AND SCHOOLS Driver training schools; operated on private property; provide exception..............................................................................................................HB 569 Drivers' licenses; driver training schools; on-road test requirement ......................HB 277 Motor vehicles; driver training and licensing; amend provisions; ignition interlock device providers ......................................................................HB 367
DRIVERS' LICENSES Alcoholic beverages; prohibit consumption; persons under 21; penalties ...............................................................................................................HB 565 Alcoholic beverages; prohibit purchasing; persons under 21; penalties ................HB 564 Commercial drivers' licenses; hazardous materials endorsement; security threat assessment....................................................................................HB 764

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INDEX

4599

Commercial drivers' licenses; redefine commercial motor vehicle and recreational vehicle ......................................................................................... SB 28
Department of Driver Services; create as successor to Department of Motor Vehicle Safety ......................................................................................HB 501
Driver's education and minors; traffic fines; Georgia Driver's Education Commission; Joshua's Law ................................................................ SB 226
Driver's license centers; priority of service; requirements .....................................HB 225 Drivers' licenses; anatomical gifts; wording of notation affixed
to license ..............................................................................................................HB 471 Drivers' licenses; bioptic drivers; change renewal period ......................................HB 613 Drivers' licenses; certain records; furnish to Georgia Bureau
of Investigation ....................................................................................................HB 513 Drivers' licenses; Class C; change definition for vehicles that
can be towed ........................................................................................................ SB 273 Drivers' licenses; Class D permit holders; limitations............................................HB 256 Drivers' licenses; driver improvement clinics; provisions......................................HB 542 Drivers' licenses; driver training schools; on-road test requirement ......................HB 277 Drivers' licenses; information available to insurers; extend pilot
program................................................................................................................HB 151 Drivers' licenses; minors; revocation of permits and licenses; procedure..............HB 258 Drivers' licenses; provide for destruction of certain fingerprint
records; prohibit requirement ..............................................................................HB 577 Drivers' licenses; social security number; prohibit use ..........................................HB 161 Drivers' licenses; youthful driver tracking service; create .....................................HB 918 Driver training schools; operated on private property; provide
exception..............................................................................................................HB 569 Education; program weights; expenditure controls; charter schools;
student achievement; exception to certain driver's license requirement................ SB 35 Georgia Driver's Education Commission; create; Joshua's Law ............................HB 584 Military members on ordered duty; extend certain licenses; jury duty
exemption; termination of certain contracts ........................................................ SB 258 Motor vehicles; driver training and licensing; amend provisions;
ignition interlock device providers ......................................................................HB 367 Motor vehicles; use of mobile phone; prohibit certain drivers...............................HB 322 Traffic violations bureau; imposition of penalties..................................................HB 176
DRIVING UNDER THE INFLUENCE, DUI Alcoholic beverages; prohibit consumption; persons under 21; penalties .............HB 565 Alcoholic beverages; prohibit purchasing; persons under 21; penalties ................HB 564 Driving under the influence; implied consent warning; read prior to testing...............................................................................................................HB 701 Driving under the influence; persons legally entitled to use intoxicating substances; delete provisions...........................................................HB 286

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4600

INDEX

Driving under the influence; third violation; change penalties ..............................HB 933 Motor vehicles; driver training and licensing; amend provisions;
ignition interlock device providers ......................................................................HB 367 Motor vehicles; licensing of ignition interlock device providers...........................HB 276
DRUGS AND DRUG ABUSE Advanced practice registered nurse; controlled substances; provisions.................HB 935 Controlled substances; methamphetamine; regulate sales of certain products..................................................................................................................HB 45 Controlled substances; products with pseudoephedrine; limitations......................HB 686 Controlled substances; pseudoephedrine sales; requirements, limitations, and restrictions.......................................................................................................HB 19 Controlled substances; punishment for certain offenses; amend ...........................HB 175 Core curriculum requirements; include dangers of methamphetamine use ...........HB 689 Courts; establish drug courts division ....................................................................HB 254 Dangerous drug lists; revision .................................................................................. SB 89 Driving under the influence; persons legally entitled to use intoxicating substances; delete provisions...............................................................................HB 286 "Karon's Law"; enact ..............................................................................................HB 430 Optometrists; additional pharmaceutical agents; provisions..................................HB 899 Optometrists; prescribe oral and topical pharmaceuticals......................................HB 515 Pharmacy, State Board; prescription drugs by mail; delete certain provisions............................................................................................................. SB 199 Physician's assistants; handling of professional samples .......................................HB 832 Prescription drug orders; electronic transmission; amend provisions....................HB 246 Prescription drugs; outpatient; pharmacy reimbursement ......................................HB 331 Pseudoephedrine sales; limitations and restrictions ...............................................HB 216 Psychologists; administer and prescribe drugs; provisions ....................................HB 923 Torts; prescriptions filled outside the U.S.; limited liability; provisions ...............HB 887
DRY CLEANING OR LAUNDRY Joint Study Committee on the Use of Dry Cleaning Solvents; create....................HR 169
DUBLIN JUDICIAL CIRCUIT; add judge...........................................................HB 232

E
EATONTON Eatonton-Putnam Water and Sewer Authority; create ...........................................HB 611
ECHOLS COUNTY Lake Park area of Lowndes County; recognize as Carrot Capital of South...........HR 565
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INDEX

4601

Nonpartisan elections; probate judge .....................................................................HB 616 Southern Judicial Circuits; judges; supplement compensation ..............................HB 610
ECONOMY AND ECONOMIC DEVELOPMENT Blue Ribbon Committee on Jekyll Island; encourage governor to appoint .............................................................................................................HR 722 Cost-of-Living Tax Fairness Act; enact .................................................................HB 182 Georgia Economic Development and Fiscal Accountability Act; enact ................HB 551 Industrial Hygiene, Health Physics, and Safety Profession Recognition and Title Protection Act; enact ............................................................................HB 353 State-wide tourism marketing program; Department of Economic Development; state halls of fame ........................................................................ SB 125 Tourism; urge state to promote with website on license plates..............................HR 430
EDUCATION Access to Postsecondary Education Instructional Material Act; enact ..................HB 898 Adapted sports for disabled students; funded by Department of Education.........................................................................................................HB 900 Bianca Walton Anti-Bullying Act; enact................................................................HB 424 Bill of Rights for Georgia Teachers; enact.............................................................HB 815 Board of Regents and Association of Governing Boards; urge consultations ........................................................................................................HR 678 Board of regents; school or institution closing; repeal power of Governor .............HB 25 Certain historical documents; prohibit restriction ..................................................HB 158 Certain textbooks; provide electronic format versions...........................................HB 105 Charter schools; funding; revise and clarify certain provisions .............................HB 100 Charter schools; revise legislative intent; amend certain provisions......................HB 629 Children's Vision Improvement and Learning Readiness Act of 2005; enact.........................................................................................................HB 34 Core curriculum requirements; include dangers of methamphetamine use ........................................................................................................................HB 689 County school superintendents; employment contract; publication.........................HB 32 Degree programs; professional associations not a condition of enrollment...........HB 553 Driver's education and minors; traffic fines; Georgia Driver's Education Commission; Joshua's Law ................................................................ SB 226 Early Care and Learning, Department of; voluntary parent education services; provisions.................................................................................................. SB 1 Educational and living expense grants; foster and adopted children; eligibility..............................................................................................................HB 272 Elementary and secondary education; grants; repeal provisions..............................HB 27 Evolution theory; teaching of factual scientific evidence ......................................HB 179 Four-year college in Gwinnett County; approve creation ......................................HR 228

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4602

INDEX

Fraud, waste, abuse in state operations; whistleblower; prohibit retaliation .................................................................................................................HB 8
Georgia Education Authority; private schools lease public property; prohibit.................................................................................................................HB 372
Governor's authority to suspend compulsory attendance laws; repeal provisions ....................................................................................................HB 26
Graduation test; students failing science portion; certain eligibility ......................HB 423 Health and physical education courses; requirement .............................................HB 280 Health insurance funds; teachers and school employees; combine
with other funds ...................................................................................................HB 524 Health insurance plans; state employees, teachers, public school
employees, retirees; combine funds..................................................................... SB 284 HERO (Helping Educate Reservists and their Offspring) Scholarship;
establish ................................................................................................................. SB 43 High schools; sports events; athletic associations organize according
to student enrollment ........................................................................................... SB 103 High school students; failure to pass graduation test; certain eligibility................HB 252 Higher Education Assistance Corporation; Student Finance
Authority; Medical Center Authority; amend certain provisions........................HB 298 HOPE scholarships; definitions; quarter or semester hour limitation ....................HB 299 HOPE scholarships; eligibility; hour limits; amend provisions .............................HB 490 House Education Funding Study Committee; create..............................................HR 488 House Higher Education Seamless Transition Study Committee; create ..............HR 951 House HOPE Scholarship Program Study Committee; create ...............................HR 442 House Local School District Development Impact Fees Study
Committee; create ................................................................................................HR 230 House Study Committee on University System Institution Foundations;
create ....................................................................................................................HR 679 Interscholastic athletics; physical examination form; Ryan Boslet Bill................. SB 272 Joint Early Learning Initiative Commission; create ................................................. SR 21 Joint Study Committee on the HOPE Scholarship Program; create.......................HR 443 Juvenile court supervision fees; use for truancy intervention services .................... SB 97 Loans; certain colleges; eligibility and requirements .............................................HB 842 Local boards; allow certain donations of sick leave...............................................HB 543 Local boards of education; adopt code of ethics ......................................................HB 14 Local boards of education; adopt code of ethics; criminal records
check ....................................................................................................................HB 215 Local boards of education; driver education courses; provisions ..........................HB 814 Local boards of education; employment benefits; authorize expenditure
of funds .................................................................................................................. SB 98 Local boards of education; establish start date of school year ...............................HB 285 Local boards of education; extend health care benefits; certain members.............HB 922 Local boards of education; health benefit plan; certain members..........................HB 462

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INDEX

4603

Local boards of education; reimburse expenses of certain elections - CA.............HR 160 Local boards of education; training members; amend certain provisions..............HB 250 Local option sales tax; capital outlay; eligible expenditures..................................HB 825 Loitering on school premises; failure to leave when requested; penalty................HB 465 Lottery for education; method of payment for tickets............................................HB 346 Master Teacher Program and Academic Coach Program; create............................. SB 34 Multidisciplinary Center for Affordable Housing; create within
University System..................................................................................................HB 69 Nationally certified school psychologists, social workers, and
counselors; salary increase...................................................................................HB 625 Nonprofit youth development organizations; licensing; exemptions.....................HB 451 Open records; educational facilities; campus police activities............................... SB 153 Oversight Committee for Planning to Provide Home and Community
Based Services; create .........................................................................................HR 633 Postsecondary education; grants to certain members of National
Guard; provisions.................................................................................................HB 163 Private schools; prayer at athletic events; public school participation...................HB 678 Program weights; expenditure controls; charter schools; student
achievement; exception to certain driver's license requirement ............................ SB 35 Public disclosure of records; postsecondary educational institutions;
donors personal information ................................................................................HB 340 Public school employees; adverse personnel actions; right
of representation ....................................................................................................HB 31 Public school employees; disciplinary meeting; employee rights..........................HB 213 Public schools; capital outlay funds; amend provisions.........................................HB 269 Public schools; meningococcal meningitis; vaccines; sample
educational materials ...........................................................................................HB 813 Public schools; moment of quiet reflection; provisions .........................................HB 807 Quality Basic Education Act; enrollment eligibility; amend provisions................HB 897 Quality basic education; Georgia Virtual School; authorization
to establish ............................................................................................................. SB 33 Quality Basic Education Program; change certain provisions .................................HB 41 Sales tax; educational purposes; amend certain provisions....................................HB 893 Sales tax exemption; certain school clothes, supplies, computer
items; limited time ...................................................................................................HB 5 Sales tax for educational purposes; authorization under certain
conditions CA ...................................................................................................HR 773 School clubs; local boards provide information to parents; policies......................HB 661 School Health and Physical Education Support Fund; special
license plates ........................................................................................................HB 647 School health and physical education support program; license
plates CA...........................................................................................................HR 365

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4604

INDEX

Smoking on school bus or other public or private school vehicle transporting children; define offense ................................................................... SB 196
State accountability plan; urge inclusion of science.................................................HR 61 State accountability plan; urge inclusion of social studies.......................................HR 60 State agencies; reports to General Assembly; notification of availability ............... SB 49 State budgeting; comprehensive revision of provisions; legislative
budget offices....................................................................................................... SB 254 State Law Library; repeal provisions; delete references in Code;
distribution of Georgia Laws and House and Senate Journals ............................ SB 216 Student health; body mass index in report cards; provisions .................................HB 497 Student violence against teacher; remain in class at discretion
of teacher..............................................................................................................HB 421 Teacher education; urge inclusion of health and physical
education courses.................................................................................................HR 395 "Time for Schools Act"; enact................................................................................HB 230 Tuition equalization grants; proprietary institutions ineligible ..............................HB 300 University System of Georgia; four-year college in Gwinnett
County; authorize Board of Regents to create....................................................... SR 33
EFFINGHAM COUNTY Homestead exemption; county purposes ................................................................HB 906 Homestead exemption; educational purposes.........................................................HB 905
ELBERT COUNTY Board of commissioners; chairperson; election and powers ..................................HB 615 Board of education; compensation .........................................................................HB 795
ELDERLY Community Living Services Joint Study Committee; create .................................HR 492 Criminal background checks; authorize certain exchange of information; elderly and child care ......................................................................... SB 6 Criminal history background checks; authorize national exchange .........................HB 50 Disabled adults or elder persons; protective services; public guardians; definitions and provisions ..................................................................HB 394 Emergency management; "Mattie's Call Act"; create ............................................HB 794 Georgia Long-Term Care Partnership Program Act; enact .................................... SB 112 Guardians of adults; amend provisions; public guardians; definitions ..................HB 500 Homestead exemptions; senior citizens; actual levy amount .................................HB 848 Indigent and elderly; certain hospitals; provider fees...............................................HB 74 "Living Will Week" in Georgia; recognize first week of April yearly ..................HR 856 "Living Will Week" in Georgia; recognize first week of April yearly .................. SR 537 Long-term or self-directed care initiative; urge Medicare and Medicaid approve waiver requests ......................................................................HR 217

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INDEX

4605

"Mattie's Call Act"; enact .......................................................................................HB 728 Missing disabled adults; alert system; urge coordination; certain entities .............HR 414 National alert system; missing adults; urge Congress enact ..................................HR 513 Senior Protection Advisory Council; create .............................................................HB 51 Senior Week at Capitol; recognize February 28 through March 4, 2005...............HR 344 Social Security; retirement accounts; urge Congress work to pass..........................HR 63
ELECTIONS Campaign contributions; electronically filed disclosure reports; amend certain provision.......................................................................................HB 260 Campaign contributions; political parties; maximum allowable limits......................HB 9 Clerks of superior court and coroners; qualifying; nonpartisan election ...............HB 403 Congressional districts; composition and election provisions................................HB 499 County officers; nonpartisan elections .....................................................................HB 63 County officers; nonpartisan elections; General Assembly provide by local law............................................................................................................HB 62 County offices; nonpartisan elections; General Assembly provide by local law..........................................................................................................HB 305 Elections and primaries; change form of official primary ballots............................HB 61 Elections and voting; amend provisions.................................................................HB 244 Elections; absentee elector; extend time for advanced voting................................HB 229 Elections; absentee elector; time for advanced voting ...........................................HB 743 Elections; absentee voting; certain campaign activities; restrictions .....................HB 219 Elections; acceptable forms of identification at polls............................................... SB 84 Elections; amend provisions...................................................................................HB 597 Elections; candidate qualification challenges; amend provisions ............................HB 66 Elections; certain violations of provisions; prohibit certain activities .....................HB 75 Elections Code; corrections ....................................................................................HB 199 Elections; nomination of candidates by petition; amend provisions ......................HB 927 Elections; photographs on voter registration cards; provisions..............................HB 882 Elections; sheriffs; nonpartisan elections ................................................................. SB 80 Election superintendent; office to remain open until ballots are counted.............................................................................................................HB 33 Elections; voter to view all sections of proposed constitutional amendment...........................................................................................................HB 359 Elections; withdrawal of candidates; amend provisions ..........................................HB 89 Electoral college; elimination; urge Congress to study amending Constitution..........................................................................................................HR 950 Electoral college; elimination; urge creation of congressional study commission ................................................................................................HR 444 Electronic recording voting systems; permanent paper records; provisions.............................................................................................................HB 580 Electronic voting systems; require permanent paper record ..................................HB 740

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4606

INDEX

Electronic voting systems; require permanent paper record ..................................HB 790 Ethics in government; amend provisions....................................................................HB 7 Ethics in government; amend provisions..................................................................HB 47 Ethics in government; comprehensive revision of provisions..................................HB 48 Georgia Election Code; extensive revisions...........................................................HB 528 Georgia Taxpayer and Citizen Protection Act; enact .............................................HB 911 Israel, Jeff; election to State Election Board ..........................................................HR 432 Legislative and congressional reapportionment; specify requirements..................HB 168 Local boards of education; reimburse expenses of certain elections - CA.............HR 160 Maximum allowable campaign contributions; limitations;
clarify provisions ...................................................................................................HB 46 Nonpartisan elections; include certain county officers...........................................HB 433 Nonpartisan elections; include certain county offices............................................HB 892 Public Financing for Appellate Judicial Campaign Fund Act; enact .....................HB 102 Sheriffs; nonpartisan elections................................................................................HB 241 Truth in Representation Act of 2005; enact............................................................HB 365 University System of Georgia; urge closure on election day;
encourage students to work at polls.....................................................................HR 772 Voluntary Contributions Act; enact........................................................................HB 153 Voting Rights Act; urge President and Congress to extend ...................................HR 446 Voting Rights Act; urge President and Congress to extend and expand................HR 445
ELECTRICAL SERVICE Electrical service; renewable, recoverable, and recycled energy; provisions.............................................................................................................HB 775 Renewable and recovered resources and energy policy; recognize as issue of vital importance..................................................................................HR 491 Sales tax exemption; electricity sales for crop irrigation; include nursery stock ........................................................................................................HB 658 Sales tax exemption; energy for production of manufactured goods .....................HB 209 Sales tax exemptions; charitable sales to child care service providers; fuel sales for crop irrigation.................................................................................HB 487 Unclaimed property; certain abandoned dividends or credits; disposition............................................................................................................HB 431
ELECTRONIC TECHNOLOGY AND TRANSMISSIONS Access to Postsecondary Education Instructional Material Act; enact .....................................................................................................................HB 898 Businesses that collect computerized data; disclose breach of security.................................................................................................................HB 648 Clerks of courts; documents and records; create and maintain digital copies ........................................................................................................HB 453 Court reports; rules compilations; electronic database...........................................HB 514

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INDEX

4607

Courts; establish drug court divisions; family court division pilot project; authorize digital records management ...........................................HB 254
Education; certain textbooks; provide electronic format versions .........................HB 105 Elections and voting; amend provisions.................................................................HB 244 Electronic recording voting systems; permanent paper records;
provisions.............................................................................................................HB 580 Georgia Telemedicine Act; enact ...........................................................................HB 310 Health care providers; records; electronic format; tangible copies ........................ SB 204 House Study Committee on Teleworking; create...................................................HR 775 Income tax credits; telecommuting; employers convert certain work force ..........HB 393 Income tax credit; teleworking for limited period of time .....................................HB 194 Information brokers; require notice to consumers of security breaches................. SB 230 Insurance; electronic notice of cancellation of policies to lienholders...................HB 418 Joint House and Senate Emerging Communications Technologies
Study Committee; create...................................................................................... SR 298 Oral or wireless transmissions; pen register or trap and trace
device; judicial order ........................................................................................... SB 269 Prescription drug orders; electronic transmission; amend provisions....................HB 246 Slam Spam E-mail Act; deceptive commercial e-mail; criminal penalties.............. SB 62 U. S. Senators from Georgia; support repeal of excise tax on
telecommunications .............................................................................................HR 113 Workers' compensation; certain premium discounts; electronic
submission and transmission of documents; injuries; compensations.................HB 327
ELLAVILLE, CITY OF; city manager and city clerk; appointment .....................HB 639
EMERGENCIES AND EMERGENCY SERVICES Emergency management; "Mattie's Call Act"; create ............................................HB 794 Emergency medical services; prehospital health care; insurance provisions.............................................................................................................HB 747 Emergency vehicles; restrict use of blue lights ...................................................... SB 178 Hospitals providing emergency room services; group liability insurance .............HB 827 Indemnification; emergency rescue or public safety worker; certain impairment of health............................................................................................ SB 192 "Mattie's Call Act"; enact .......................................................................................HB 728 911 telephone charges; billing collection, and use; provisions ..............................HB 148 Nonemergency "311" phone system; establish and operate in conjunction with "911" emergency system ......................................................... SB 113 Physician's assistants; public health or state of emergency; render assistance .............................................................................................................HB 873 Special license plates; emergency medical services personnel ..............................HB 402 Stroke care for all residents; recognize need for improved system........................HR 675 Torts; emergency medical care; liability claims; amend provisions ......................HB 233

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4608

INDEX

EMINENT DOMAIN Eminent domain; compensation requirement .........................................................HB 913 Eminent domain; right of state; limitation on purposes ........................................... SB 86 Income tax; exclude capital gain on certain property conversion ..........................HB 210 Property; condemnation power; limitations - CA ....................................................HR 87
EMISSIONS, MOTOR VEHICLES Income tax credit; certain purchased or leased hybrid vehicles ...............................HB 21
EMPLOYEES' RETIREMENT SYSTEM (See Retirement and Pensions or State Employees)
EMPLOYMENT AND EMPLOYMENT SECURITY Employment; discharge because of absenteeism; amend provisions .......................HB 94 Employment security; amend certain provisions; Department of Labor; supplemental appropriation .................................................................HB 520 Job Development Authority; promote creation and retention of jobs ....................HB 630 Labor and industrial relations; minimum wage; training wage................................ SB 92 Labor relations; employee leave for certain judicial proceedings............................HB 52 Nurse Involuntary Overtime Act; provisions .........................................................HB 919 Public Employees Labor Relations Commission; create........................................HB 606 State property and space management; comprehensive revision of provisions ........................................................................................................ SB 158 Unemployment due to military reassignment of spouse; allow benefits................HB 404
ENERGY Electrical service; renewable, recoverable, and recycled energy; provisions.............................................................................................................HB 775 Hydrogen Fuel Cell Corridor; Workforce Training and Technology Certification; urge creation ..................................................................................HR 823 Renewable and recovered resources and energy policy; recognize as issue of vital importance..................................................................................HR 491 Sales tax exemption; certain energy efficient products; limited time period ...........................................................................................................HB 559 Sales tax exemption; energy for production of manufactured goods .....................HB 209
ENGINEERS AND LAND SURVEYORS Managerial control over acquisition of professional services; amend provisions .................................................................................................HB 155 Professional engineers and land surveyors; change certification requirements.........................................................................................................HB 444

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INDEX

4609

ENVIRONMENTAL FACILITIES AUTHORITY Environmental Facilities Authority; rename; amend provisions............................HB 436 Georgia Transportation Infrastructure Bank Act; enact .........................................HB 137
ENVIRONMENTAL PROTECTION (See Conservation and Natural Resources or Hazardous Materials)
EQUAL RIGHTS Abortion; Woman's Right to Know Act; enact.......................................................HB 197 Cervical Cancer Elimination Task Force; create.................................................... SR 294 Crimes; make abortion unlawful ..............................................................................HB 93 Criminal procedure; selection of victim or property; enhance sentencing.............HB 890 Female genital mutilation; define offense; penalties; exceptions.............................HB 10 Law enforcement officers stopping motorists; prohibit race considerations ........................................................................................................HB 30 Special license plates; Choose Life, Inc. .................................................................. SB 69 Voluntary school prayer; public religious speech; urge Congress amend U. S. Constitution.....................................................................................HR 902 Voting Rights Act; urge President and Congress to extend ...................................HR 446 Voting Rights Act; urge President and Congress to extend and expand................HR 445
ESTATES (See Wills, Trusts, and Administration of Estates)
ETHICS IN GOVERNMENT Campaign contributions; electronically filed disclosure reports; amend certain provision.......................................................................................HB 260 Campaign contributions; political parties; maximum allowable limits......................HB 9 Ethics in government; amend provisions....................................................................HB 7 Ethics in government; amend provisions..................................................................HB 47 Ethics in government; comprehensive revision of provisions..................................HB 48 Maximum allowable campaign contributions; limitations; provisions ....................HB 46 Public Financing for Appellate Judicial Campaign Fund Act; enact .....................HB 102 State employees; lobbying for anyone other than employer; prohibit ...................HB 681 Truth in Representation Act of 2005; enact............................................................HB 365 Voluntary Contributions Act; enact........................................................................HB 153
EVANS COUNTY; probate judge; nonpartisan election ........................................HB 259
EVIDENCE Civil practice, evidence, insurance, professions and businesses, and torts; comprehensive revision of provisions relating to health care ................................. SB 3 Criminal Justice Act of 2005; enact .......................................................................HB 170 Evidence; expert witnesses; qualifications .............................................................HB 572

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4610

INDEX

Judicial proceedings; professional malpractice cases; use of experts ....................HB 234 Medical malpractice; amend Official Code of Georgia Annotated
Titles 9, 24, 31, and 51 ..........................................................................................HB 56 State crime laboratory; private contract laboratories; reports ................................HB 347
EXCAVATION Utility facility protection; comprehensive revision of provisions.......................... SB 274
EXCISE TAX Excise tax; cigars and cigarettes; change definitions .............................................HB 124 Excise tax; hotels and motels; change certain definitions ......................................HB 120 Excise tax; motor vehicle rentals; change definitions ............................................HB 115 Excise tax; rental motor vehicles; gradual elimination ..........................................HB 136 Hotel-motel; 5 percent tax rate; counties promoting tourism, conventions, trade shows .......................................................................................................... SB 194 Hotel-motel tax; certain trails and walkways; expenditure requirements; rates levied ...........................................................................................................HB 374 Hotel-motel tax; local governments; amend provisions.........................................HB 765 Hotel-motel tax; review board; amend certain provisions .....................................HB 505 U. S. Senators from Georgia; support repeal of excise tax on telecommunications .............................................................................................HR 113
EXECUTIONS AND JUDICIAL SALES Tax executions and judicial sales; prohibit certain sales; exceptions.......................HB 38 Tax executions; certain transfers; required notice; amend provisions ...................HB 447 Tax executions; prohibit sales ................................................................................HB 157 Tax executions; regulate transfers; prohibit certain sales.......................................HB 226

F
FALLEN TROOPERS MEMORIAL HIGHWAY BRIDGE AND THE TROOPER RONNIE O'NEAL OVERPASS; designate ......................... SR 304
FAMILY AND CHILDREN SERVICES Arrests for methamphetamine crimes; certain instances; notify DFACS ..............HB 690 Divorce; certain education classes required; change certain time limits .............................................................................................................. SB 25 Family planning services; medical referral; requirements .....................................HB 566 Family violence protective orders and peace bonds; certain prohibitions .............HB 755 Family violence; redefine .......................................................................................HB 753 Violence Against Women Act; urge Georgia Congressional Delegation to reauthorize.....................................................................................HR 391
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4611

FANNIN COUNTY; board of commissioners; compensation ................................HB 861
FARMS AND FARM PRODUCTS Ad valorem tax; exempt farm equipment under lease purchase agreement...........HB 203 Agriculture; fertilizer; preempt certain local ordinances; exemptions ..................... SB 88 Agriculture; seed laws; preempt certain local ordinances; exemptions ................... SB 87 Bona fide conservation use property; breach of covenant; exceptions ......................HB 1 Dealers in agricultural products; surety bond requirements; amend ......................HB 422 Highways; vehicles hauling certain products; weight limitation variance; violations; fines ....................................................................................HB 279 Joint Agriculture Education Study Committee; create .............................................HR 50 Joint "Future of Georgia Forestry" Joint Study Committee; create.......................... SR 54 Leaf tobacco; grading by Agriculture Marketing Service; alternatives ................ .SB 290 Nuisances; agricultural facilities; define; include processing of poultry by-products and meat by-products ............................................................ SB 26 Sales tax exemption; electricity sales for crop irrigation; amend...........................HB 487 Sales tax exemption; electricity; crop irrigation; include nursery stock ................HB 658 Sales tax exemption; fuel for certain swine raising purposes.................................HB 834
FAYETTE COUNTY Board of commissioners; reconstitute ....................................................................HB 856 Youth Leadership; Fayette County Chamber of Commerce; commend ................HR 215
FEDERAL GOVERNMENT Abuse of tort law against firearm industry; urge Congress end .............................HR 132 Budget proposals damaging to certain veterans; urge Congress oppose................HR 415 Carter, President Jimmy; recognize and commend on commissioning of USS Jimmy Carter...........................................................................................HR 312 Committee on the Implementation of Textile Agreements; request approval of certain safeguard petitions................................................................HR 142 Committee on the Implementation of Textile Agreements; urge enactment of certain safeguard petitions ............................................................. SR 156 Common-sense Consumption Act; amend provisions ...........................................HB 196 Congressional districts; composition and election provisions................................HB 499 Counties and municipalities; expand purposes for using federal funds .................HB 186 Criminal background checks; authorize certain exchange of information; elderly and child care.......................................................................... SB 6 Death tax; urge congressional delegation work to abolish.....................................HR 133 Drivers' licenses; social security number; prohibit use ..........................................HB 161 Education; state accountability plan; urge inclusion of science...............................HR 61 Education; state accountability plan; urge inclusion of social studies .....................HR 60 Electoral college; elimination; urge Congress to study amending Constitution..........................................................................................................HR 950

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4612

INDEX

Electoral college; eliminate; urge creation of congressional study commission ................................................................................................HR 444
English; official language of US government; urge Congress enact........................HR 29 Fair Tax Act; urge Congress to enact .........................................................................HR 5 Free Trade Area of the Americas; urge Congress to vote against..........................HR 730 Georgia's military installations; urge President and Congress
consider importance.............................................................................................HR 216 Highways, bridges, and ferries; amend provisions................................................. SB 160 Hybrid or alternative fuel vehicles; urge Congress to allow use in
high occupancy vehicle lanes ................................................................................HR 14 Leaf tobacco sales and storage; grading; repeal certain provision ......................... SB 290 Legislative and congressional reapportionment; specify requirements..................HB 168 Local boards of education; employment benefits; authorize
expenditure of funds .............................................................................................. SB 98 Long-term or self-directed care initiative; urge Medicare and
Medicaid approve waiver requests ......................................................................HR 217 Low-interest mortgage loans; certain government employees; - CA.....................HR 903 National alert system; missing adults; urge Congress enact ..................................HR 513 National Infantry Museum property; Columbus-Muscogee County;
cession of concurrent jurisdiction to the United States .......................................HB 420 PeachCare; enroll children of public employees; urge congressional
action....................................................................................................................HR 171 President's Supreme Court nominees; urge Georgia U.S. Senators
to support .............................................................................................................HR 167 Public disclosure of records; certain exception; clarify .........................................HB 874 Public retirement systems; compliance with Internal Revenue
Code; provisions ..................................................................................................HB 460 Public road funds; allocation and balancing; exempt certain projects ...................HB 723 Public roads; allocation of state and federal funds; change provisions....................HB 16 Social Security; retirement accounts; urge Congressional delegation
work to pass ...........................................................................................................HR 63 State and federal highway funds; equal division among congressional
districts; budgeting periods...................................................................................... SB 4 Ten Commandments; support and commend public display .................................HR 904 The Emergency Food Assistance Program; food distribution; urge
Department of Human Resources raise eligibility level ......................................HR 412 United States Border Patrol; express gratitude and support...................................HR 252 US-Dominican Republic-Central America Free Trade Agreement;
urge Congress pass...............................................................................................HR 724 U. S. Senators from Georgia; support repeal of excise tax on
telecommunications .............................................................................................HR 113 Violence Against Women Act; urge Georgia Congressional
Delegation to reauthorize.....................................................................................HR 391

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4613

Voluntary school prayer; public religious speech; urge Congress amend U. S. Constitution.....................................................................................HR 902
Voting Rights Act; urge President and Congress to extend ...................................HR 446 Voting Rights Act; urge President and Congress to extend and expand................HR 445
FETICIDE Redefine manslaughter, assault, battery; define unborn child................................HB 243
FILMS, MOTION PICTURES, AND MOVIES Georgia Entertainment Industry Investment Act; provisions.................................HB 539 House Film and Video Game Technology Study Committee; create ....................HR 642
FINANCIAL INSTITUTIONS Accountants; licensing board; remove Code references to registered public accountants.................................................................................................. SB 55 Financial institutions; supplement definitions; amend provisions ........................... SB 82 Mortgage loan officers; definitions and provisions................................................HB 498 Public retirement systems; investment; limitation; current market value ..............HB 354
FINES AND FORFEITURES Court fines and forfeitures; civil filing fee; indigent defense fund ........................HB 771 Driver's education and minors; traffic fines; Georgia Driver's Education Commission; Joshua's Law ................................................................ SB 226 Georgia Driver's Education Commission; create; Joshua's Law ............................HB 584 Local juvenile diversion programs; approved by court; fine surcharges .................HB 77 Local juvenile diversion programs; approved by court; fine surcharges .................HB 79 Local victim assistance funds; assessment and collection; amend provisions.............................................................................................................HB 192 Misdemeanor traffic offenses; fines to be paid into state treasury.............................HB 6 Misdemeanor traffic offenses; fines to be paid into state treasury.........................HB 419
FIRE PROTECTION AND SAFETY Airport firefighters; standards and training ............................................................ SB 308 Assisted living facilities; Levels I and II; provisions .............................................HB 206 Class Nine Fire Department Pension Fund; increase maximum monthly retirement benefit...................................................................................HB 357 Class Nine Fire Department Pension Fund; secretary-treasurer renamed executive director..................................................................................HB 355 Drivers' licenses; certain records; furnish to Georgia Bureau of Investigation ....................................................................................................HB 513 Firefighters' & Class Nine pension funds; certain active military duty; creditable service ........................................................................................HB 660 Firefighters' Pension; certain active military duty; creditable service ...................HB 749

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4614

INDEX

Firefighters' Pension Fund; amend certain provisions............................................HB 534 Firefighters' Pension Fund; return to service after retirement; benefit...................HB 344 Fireworks; redefine; exclude model rockets, paper caps, sparklers;
conditions of sale ................................................................................................. SB 133 Georgia Bureau of Investigation; director's title; mobile cocaine
education van ....................................................................................................... SB 146 Income tax credits; certain volunteer firefighters...................................................HB 930 Law enforcement officer or firefighter; temporary disability; filing claim............HB 240 State agencies; reports to General Assembly; notification of availability ............... SB 49 Utility facility protection; comprehensive revision of provisions.......................... SB 274
FIREARMS Abuse of tort law against firearm industry; urge Congress end .............................HR 132 Carrying weapons in school safety zones; prohibition; include parks ...................HB 544 Deadly weapons; carrying to public gathering; exception to prohibition ..............HB 193 Firearms; crime of discharging on Sunday; repeal provisions ............................... SB 259 Firearms; license to carry; prohibition; certain convictions ...................................HB 793 Gun sales and gun dealers; regulations; comprehensive revision of provisions ........................................................................................................ SB 175 Hunting; primitive weapons; amend provisions.....................................................HB 338 State parks; carrying firearms; amend certain provisions ......................................HB 799
FIREWORKS Fireworks; redefine; exclude model rockets, paper caps, sparklers; conditions of sale ................................................................................................. SB 133
FISH AND FISHING Bona fide conservation use property; breach of covenant; exceptions ......................HB 1 Fishing and hunting; preserve for the people and manage by law for the public good - CA ................................................................................. SR 67 Fishing; authorize taking by hand under certain conditions...................................HB 301 Game and fish; amend provisions relating to crabs................................................HB 328 Hunting and fishing; honorary licenses for disabled persons; certification ..........................................................................................................HB 441 Hunting and fishing; lifetime licenses for certain veterans ....................................HB 668 Sponge crabs; regulation of taking, possessing, dealing; extend sunset date............................................................................................................ SB 119
FLINT JUDICIAL CIRCUIT Add judge................................................................................................................HB 134 Judicial Circuits; Appalachian, Cherokee, Flint, Gwinnett, and Southern circuits; add judgeships ...................................................................HB 97

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4615

FLOYD COUNTY; probate court judge; nonpartisan elections ............................. SB 363
FOOD Common-sense Consumption Act; amend provisions ...........................................HB 196 Food service establishments; Department of Human Resources establish grading sheet .........................................................................................HB 467 Halal foods; regulate preparation, marketing, sale, serving; penalties for violations ......................................................................................... SB 96 Insurers; permit food and refreshments under certain circumstances ....................HB 425 Sales tax exemption; food and beverage; repeal; adjustment trust fund; create ..................................................................................................HB 227 Sales tax on food and beverage; fund relief from ad valorem tax - CA..................................................................................................................HR 93 State budgeting; comprehensive revision of provisions; legislative budget offices....................................................................................................... SB 254 The Emergency Food Assistance Program; food distribution; urge Department of Human Resources raise eligibility level ......................................HR 412 Ungraded milk, raw whole milk, and condensed or evaporated milk; definitions, standards, and requirements ....................................................HB 576
FORECLOSURE Foreclosure; right of redemption ............................................................................HB 741 Tax executions; property; prohibit sale to county tax commissioners ...................HB 368
FOREIGN GOVERNMENTS Free Trade Area of the Americas; urge Congress to vote against..........................HR 730 US-Dominican Republic-Central America Free Trade Agreement; urge Congress pass...............................................................................................HR 724
FOREST RESOURCES Deadhead logging operations in Altamaha or Flint rivers; authorize..................... SB 283 Highways; vehicle hauling certain products, weight limitation variance...............HB 279 Joint Agriculture Education Study Committee; create .............................................HR 50 Joint "Future of Georgia Forestry" Joint Study Committee; create.......................... SR 54 State Forestry Commission; provide additional powers.........................................HB 929
FORGERY AND FRAUDULENT PRACTICES Computer Security Act of 2005; enact ................................................................... SB 127 Crimes; impersonating veteran or active duty member; define offense...................HB 80 Life insurance; Life Settlements Act; transfer death benefit to life settlement contract ............................................................................................... SB 217 Public employees; fraud, waste, and abuse; complaints or information ................HB 656 Public employees; fraud, waste, and abuse; complaints or information ................HB 665

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4616

INDEX

Residential Mortgage Fraud Act; enact; include in racketeering activity definition................................................................................................. SB 100
Slam Spam E-mail Act; deceptive commercial e-mail; criminal penalties.............. SB 62
FRANK G. HARRIS MEMORIAL HIGHWAY Designate ................................................................................................................HR 269 Designate ................................................................................................................HR 280
FUEL (See Gas, Gasoline, and Gas Service)
FULTON COUNTY Convey property .....................................................................................................HR 166 Family Court Division; Superior Court of Fulton County; pilot project................HB 296 Fulton County; change number of magistrates.......................................................HB 671 Grant easements........................................................................................................ SR 80 Milton, City of; incorporate....................................................................................HB 924 Sandy Springs, City of; incorporate; new charter.....................................................HB 37
FUNERAL DIRECTORS AND EMBALMERS Cemeteries and funeral services; amend certain provisions...................................HB 910 Georgia Cemetery and Funeral Services Act of 2000; repeal ................................HB 589

G
GAINESVILLE, CITY OF; redevelopment powers law; exercise powers ...........HB 772
GAMBLING Dog fighting; prohibit; punishments; amend provisions ........................................HB 734 Gambling; pyramid promotional schemes; define; prohibit................................... SB 141 House Study Committee on Parimutuel Betting on Horse Racing; create.............HR 519 Pari-mutuel betting; remove prohibition; taxation; dedication of revenue - CA......................................................................................................HR 90
GAME AND FISH Deer hunting; seasons; bag limits; certain extended archery- only open seasons ........................................................................................................HB 292 Deer Management Act of 2005; weapons; limits; hunting with dogs; donation of certain deer to charitable organizations............................................ SB 201 Fishing and hunting; preserve for the people and manage by law for the public good - CA ................................................................................. SR 67 Fishing; authorize taking by hand under certain conditions...................................HB 301 Game and fish; amend provisions relating to crabs................................................HB 328
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4617

Game and fish; hunting within vicinity of bait feeds on private land.......................................................................................................................HB 345
Game and fish; resident and nonresident; one-day and three-day license fees ...........................................................................................................HB 662
Hunting and fishing; honorary licenses for disabled persons; certification ..........................................................................................................HB 441
Hunting and fishing; lifetime licenses for certain veterans ....................................HB 668 Hunting deer with dogs; certain private land; license; provide..............................HB 484 Hunting deer with dogs; open seasons; amend certain provisions .........................HB 503 Hunting; primitive weapons; amend provisions.....................................................HB 338 Hunting; state land management; hunting deer with dogs; permits ....................... SB 206 Military members on ordered duty; extend certain licenses;
jury duty exemption; termination of certain contracts......................................... SB 258 Nuisances; agricultural operations; include wildlife habitat
and hunting ..........................................................................................................HB 261 Sponge crabs; regulation of taking, possessing, dealing; extend
sunset date............................................................................................................ SB 119 Wild animals; licenses and permits; amend lists ....................................................HB 107
GANGS (See Street Gangs)
GARNISHMENT PROCEEDINGS Garnishment; exempt certain individual retirement accounts ................................HB 149
GAS, GASOLINE, AND GAS SERVICES Hazardous site reuse and redevelopment; amend provisions ................................. SB 277 Hydrogen Fuel Cell Corridor; Workforce Training and Technology Certification; urge creation ..................................................................................HR 823 Joint LNG and Natural Gas Infrastructure Study Committee; create ......................................................................................................................HR 92 Public Service Commission; gas supply plan filed by gas utility; time period for issuing order after hearing .......................................................... SB 209 Renewable and recovered resources and energy policy; recognize as issue of vital importance..................................................................................HR 491 Sales tax exemption; energy for production of manufactured goods .....................HB 209 Sales tax exemption; fuel for certain swine raising purposes.................................HB 834 Sales tax exemptions; charitable sales to child care service providers; fuel sales for crop irrigation.................................................................................HB 487 Torts; liquefied petroleum gas providers; limit liability and damages................... SB 139
GENERAL ASSEMBLY Adjournment; relative to........................................................................................... SR 19 Adjournment; relative to...........................................................................................HR 68

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4618

INDEX

Adjournment; relative to.........................................................................................HR 198 Adjournment; relative to.........................................................................................HR 392 Adjournment; relative to.........................................................................................HR 487 Adjournment; relative to.........................................................................................HR 605 Adjournment; relative to.........................................................................................HR 952 Capital Punishment Study Commission; create......................................................HR 301 Cervical Cancer Elimination Task Force; create.................................................... SR 294 Civil practice; trial continuance; members of General Assembly;
amend provisions .................................................................................................HB 716 Commercial Transportation Advisory Committee; create .....................................HB 458 Commission on Interstate Cooperation; change certain provisions .......................HB 264 Commission on the Georgia Health Insurance Risk Pool; create...........................HB 320 Community Living Services Joint Study Committee; create .................................HR 492 Corrections, Board and Department; appearances by General
Assembly members..............................................................................................HB 657 Corrections, Board and Department; appearances by General
Assembly members..............................................................................................HB 664 County offices; nonpartisan elections; General Assembly provide
by local law..........................................................................................................HB 305 Employees' Retirement; certain General Assembly membership;
repeal provisions ..................................................................................................HB 537 Ethics in government; amend provisions....................................................................HB 7 Ethics in government; amend provisions..................................................................HB 47 Ethics in government; comprehensive revision of provisions..................................HB 48 General appropriations; FY 2005-2006....................................................................HB 85 General appropriations; FY 2005-2006....................................................................HB 87 General Assembly; committees; subpoena powers ................................................HB 785 Health insurance; patient's right to independent review; medical
assistance; PeachCare; Joint Committee to Study Prescription Costs in State Funded Health Care Plans ............................................................ SB 140 Henry McNeal Turner Tribute Commission; create; Joint Commission for Recognition of Public Servants; create ............................................................ SR 88 House clerk and Senate secretary; furnishing bonds; repeal provisions............................................................................................................. SB 260 Innocent Persons' Compensation Act; provisions ..................................................HB 682 Jasper Port Study Committee; create........................................................................ SR 23 Joint Agricultural Education Study Committee; create............................................HR 50 Joint Early Learning Initiative Commission; create ................................................. SR 21 Joint "Future of Georgia Forestry" Joint Study Committee; create.......................... SR 54 Joint House and Senate Emerging Communications Technologies Study Committee; create...................................................................................... SR 298 Joint House-Senate Study Committee on the Restructuring of Georgia's Criminal Penalties; create....................................................................HR 490

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4619

Joint Legislative and Congressional Redistricting Study Committee; create ....................................................................................................................HR 949
Joint LNG and Natural Gas Infrastructure Study Committee; create ......................................................................................................................HR 92
Joint session; message from Chief Justice of Supreme Court................................HR 165 Joint session; message from Governor ..................................................................... SR 13 Joint Solid Waste Trust Fund Study Committee; create ........................................HR 170 Joint Study Committee on Reporting Requirements for Local
School Systems; create ........................................................................................HR 410 Joint Study Committee on the HOPE Scholarship Program;
create ....................................................................................................................HR 443 Joint Study Committee on the Use of Dry Cleaning Solvents;
create ....................................................................................................................HR 169 Juvenile Law Commission; create ......................................................................... SR 161 Legislative and congressional reapportionment; specify requirements..................HB 168 Legislative branch employees; certain optional coverage under
merit system; repeal provisions ........................................................................... SB 286 Legislative branch of government; amend budgetary provisions........................... SB 282 Legislative Retirement; member's salary and per diem..........................................HB 555 Nonpartisan elections; county offices; General Assembly provisions ...................HB 892 Nonprofit Contractor Oversight Panel; establish....................................................HB 138 Notify Governor; General Assembly convened ......................................................... SR 4 Notify House; Senate convened ................................................................................. SR 3 Oversight Committee for Planning to Provide Home and Community
Based Services; create .........................................................................................HR 633 Planning and Budget, Office of; program budgeting; revenue
shortfall reserve....................................................................................................HB 509 Real estate transfer tax; General Assembly impose by local law...........................HB 631 State agencies; reports to General Assembly; notification of
availability ............................................................................................................. SB 49 State budgeting; comprehensive revision of provisions; legislative
budget offices....................................................................................................... SB 254 State Commission on the Efficacy of the Certificate of Need
Program; create ....................................................................................................HB 390 State Law Library; repeal provisions; delete references in Code;
distribution of Georgia Laws and House and Senate Journals ............................ SB 216 Supplemental appropriations; FY 2004-2005 ..........................................................HB 84 Supplemental appropriations; FY 2004-2005 ..........................................................HB 86 Telephone and telegraph service; Joint Study Committee; reconstitute ................HB 738 Traffic control; signal monitoring devices; annual reports ....................................HB 242
GENERAL PROVISIONS, OCGA Code of Georgia; corrections....................................................................................HB 95

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4620

INDEX

Code Titles 31, 44, and 49; conform references to House and Senate committee names......................................................................................HB 309
Elections Code; corrections ....................................................................................HB 199 Retirement and Pensions Code; corrections ...........................................................HB 178 "Ronald Reagan Day" in Georgia; designate February 6 annually ........................HB 713 Special license plates; amend provisions; authorize new plates;
Bill Elliott Day in Georgia; designate ................................................................. SB 168 Torts; asbestos claims and successor corporations; provisions..............................HB 925
GEORGETOWN Georgetown-Quitman County Charter and Unification Commission; create ....................................................................................................................HB 757
GEORGIA ATHLETIC AND ENTERTAINMENT COMMISSION Athletic and Entertainment Commission; martial arts, wrestling, boxing; amend provisions.................................................................................... SB 224 Ticket brokers; amend regulating provisions .........................................................HB 318
GEORGIA BUILDING AUTHORITY State property and space management; comprehensive revision of provisions ........................................................................................................ SB 158
GEORGIA BUREAU OF INVESTIGATION (GBI) Criminal background checks; authorize certain exchange of information; elderly and child care.......................................................................... SB 6 Criminal history background checks; authorize national exchange .........................HB 50 Drivers' licenses; certain records; furnish to Georgia Bureau of Investigation ....................................................................................................HB 513 Employees' Retirement; certain law enforcement officers; amend provisions.............................................................................................................HB 132 Georgia Bureau of Investigation; director's title; mobile cocaine education van ....................................................................................................... SB 146 Georgia Bureau of Investigation; inspect death of any person confined in penal institution ................................................................................HB 326 Gun sales and gun dealers; regulations; comprehensive revision of provisions ........................................................................................................ SB 175 Human Resources; criminal history information; provisions.................................HB 180 Probation; first offenders; amend provisions..........................................................HB 473 Public Safety Training Center facilities; allow retired officers use .......................HB 653 State crime laboratory; private contract laboratories; reports ................................HB 347
GEORGIA TECHNOLOGY AUTHORITY State departments; revisions and transfer of powers and duties.............................HB 312

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4621

GILMER COUNTY Building authority; create .......................................................................................HB 754 Homestead exemption; county purposes ................................................................HB 820 Homestead exemption; educational purposes.........................................................HB 819
GLYNN COUNTY Board of elections and registration; membership ...................................................HB 859
GOVERNOR Blue Ribbon Committee on Jekyll Island; encourage governor to appoint .............................................................................................................HR 722 Board of regents; school or institution closing; repeal power of Governor............................................................................................................HB 25 Executive branch; privatization contracts; requirements........................................HB 472 Georgia Rural Development Council; create; state service delivery regions; amend description .................................................................................. SB 144 Governor's authority to suspend compulsory attendance laws; repeal provisions ....................................................................................................HB 26 Joint session; message from Governor ..................................................................... SR 13 Notify Governor; General Assembly convened ......................................................... SR 4 Planning and Budget, Office of; program budgeting; revenue shortfall reserve....................................................................................................HB 509 Special license plates; amend provisions; authorize new plates; Bill Elliott Day in Georgia; designate ................................................................. SB 168 State budgeting; comprehensive revision of provisions; legislative budget offices....................................................................................................... SB 254 State departments; revisions and transfer of powers and duties.............................HB 312

GRACE TOWNS HAMILTON PORTRAIT Return to place of distinction....................................................................................HR 80
GRAFFITI Nuisances; county and municipal abatement powers; unfit buildings .....................HB 96
GRANTS Educational and living expense grants; foster and adopted children; eligibility..............................................................................................................HB 272 Elementary and secondary education; grants; repeal provisions..............................HB 27 Health Care Bond Authority Act; enact .................................................................HB 198 Higher Education Assistance Corporation; Student Finance Authority; Medical Center Authority; amend certain provisions..........................................HB 298 HOPE scholarships; definitions; quarter or semester hour limitation ....................HB 299

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4622

INDEX

Postsecondary education; grants to certain members of National Guard; provisions.................................................................................................HB 163
Quality basic education; Georgia Virtual School; authorization to establish ............................................................................................................. SB 33
State agencies and officers; certain grants; prohibition; exceptions ...................... SB 154 Tuition equalization grants; proprietary institutions ineligible ..............................HB 300
GREENE COUNTY Board of education members and chairperson; compensation ...............................HB 408 Homestead exemption; county purposes ................................................................HB 143 Homestead exemption; educational purposes.........................................................HB 144
GREENSBORO, CITY OF; corporate limits.........................................................HB 603
GUARDIAN AND WARD Disabled adults or elder persons; protective services; public guardians; definitions and provisions ..................................................................HB 394 Guardians of adults; amend provisions; public guardians; definitions ..................HB 500 Juvenile court; guardian ad litem; training for deprivation cases; exempt certain attorneys ......................................................................................HB 212
GWINNETT COUNTY Board of commissioners; compensation.................................................................HB 872 Board of education; compensation .........................................................................HB 725 Recorder's Court; assistant solicitor .......................................................................HB 614 Redevelopment powers; referendum ........................................................................ SB 15 University System of Georgia; four-year college in Gwinnett County; authorize Board of Regents to create....................................................... SR 33
GWINNETT JUDICIAL CIRCUIT Add judge................................................................................................................HB 489 Judges; salary supplements..................................................................................... SB 185 Judicial Circuits; Appalachian, Cherokee, Flint, Gwinnett, and Southern circuits; add judgeships ...................................................................HB 97

H
HABERSHAM COUNTY Board of education; compensation .........................................................................HB 836 Superintendent of roads; centralized purchasing system........................................HB 704
HALL COUNTY; board of education; compensation.............................................HB 600
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4623

HAMILTON, CITY OF; new charter.......................................................................HB 99
HAMILTON COUNTY, TENNESSEE; convey property ....................................HR 193
HANDICAPPED PERSONS Adapted sports for disabled students; funded by Department of Education.........................................................................................................HB 900 Community Living Services Joint Study Committee; create .................................HR 492 Community service boards; provide services to certain persons............................HB 782 Criminal background checks; authorize certain exchange of information; elderly and child care.......................................................................... SB 6 Criminal history background checks; authorize national exchange .........................HB 50 Disabled adults or elder persons; protective services; public guardians; definitions and provisions ..................................................................HB 394 Disabled Assistants Act; authorize permits for certain wild animals.....................HB 695 Disabled veterans and blind persons; vendors on streets and highways ..............................................................................................................HB 693 Emergency management; "Mattie's Call Act"; create ............................................HB 794 Employees' Retirement; disability benefits; amend provisions..............................HB 459 Employees' Retirement; disability benefits; eligibility provisions.........................HB 379 Georgia Commission on Hearing Impaired Persons; create...................................HB 698 Guardians of adults; amend provisions; public guardians; definitions ..................HB 500 Hunting and fishing; honorary licenses for disabled persons; certification ..........................................................................................................HB 441 "Living Will Week" in Georgia; recognize first week of April yearly ...................................................................................................................HR 856 "Living Will Week" in Georgia; designate first week of April each year .............................................................................................................. SR 537 Long-term or self-directed care initiative; urge Medicare and Medicaid approve waiver requests ......................................................................HR 217 "Mattie's Call Act"; enact .......................................................................................HB 728 Missing disabled adults; alert system; urge coordination by certain entities ......................................................................................................HR 414 Oversight Committee for Planning to Provide Home and Community Based Services; create .........................................................................................HR 633 Public Service Commission; audible universal information access services for the blind; guidelines; funding...........................................................HB 669 Sales tax exemption; qualified job training organizations .....................................HB 841 Special license plates; amend provisions; authorize new plates; Bill Elliott Day in Georgia; designate ................................................................. SB 168 Special license plates; disabled persons; special decal; revise provisions .............HB 714 Telecommunications; audible information access system for blind citizens ........................................................................................................HB 655

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4624

INDEX

Telephone system for physically impaired; state-wide telecommunications system; provisions ................................................................ SB 91
Uniform rules of the road; parking permits for disabled persons; annual renewal ..................................................................................................... SB 267
Vending facilities on state property; blind vendors; revise and add definitions......................................................................................................HB 337
HARRIS COUNTY; county surveyor; abolish office.............................................HB 711
HARRY H. EASON BRIDGE; designate ..............................................................HR 571
HAZARDOUS MATERIALS Commercial drivers' licenses; hazardous materials endorsement; security threat assessment....................................................................................HB 764 Hazardous site reuse and redevelopment; amend provisions ................................. SB 277 Torts; asbestos or silica claims; definitions and provisions ...................................HB 416 Transportation of Hazardous Materials Act; enact.................................................HB 762
HEALTH Ambulance services; reimbursement for medicaid recipients; provisions .............HB 909 Animals; amend provisions relating to bird dealers or pet dealers ........................HB 108 "Baby's Right to Know Act"; enact ............................................................................HB 4 Certificate of need; home health or infusion agency; pharmacists; exemption.............................................................................................................HB 270 Cervical Cancer Elimination Task Force; create.................................................... SR 294 Children's Vision Improvement and Learning Readiness Act of 2005; enact.........................................................................................................HB 34 Chiropractors; change code references; chiropractic physicians............................HB 546 Civil practice and torts; health care liability claims; noneconomic damages ...............................................................................................................HB 235 Civil practice, evidence, insurance, professions and businesses, and torts; comprehensive revision of provisions relating to health care ................................. SB 3 Clinical laboratories; technicians; degree of supervision ......................................... SB 51 Code Titles 31, 44, and 49; conform references to House and Senate committee names......................................................................................HB 309 "Community Health Centers Day"; recognize February 3, 2005 ...........................HR 139 Consumer Right to Participate Act; enact ..............................................................HB 779 Controlled substances for medical purposes; immunity; Pain Management Ad Hoc Advisory Committee ........................................................ SB 109 Department of Community Health; contract with care management; drug rebates; require refund.................................................................................HB 358 Disabled adults or elder persons; protective services; public guardians; definitions and provisions ..................................................................HB 394

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4625

Dispensing opticians; apprenticeship program; amend requirements ....................HB 881 Education; health and physical education courses; requirement............................HB 280 Emergency medical services; prehospital health care; insurance
provisions.............................................................................................................HB 747 Food service establishments; Department of Human Resources
establish grading sheet .........................................................................................HB 467 Georgia Hospital Insurance Authority Act; enact ....................................................HB 72 Georgia Hospital Insurance Authority; enact ...........................................................HB 70 Georgia Long-Term Care Partnership Program Act; enact .................................... SB 112 Georgia Smokefree Air Act of 2005; enact ............................................................HB 426 Health Care Bond Authority Act; enact .................................................................HB 198 Health Care Decisions Week in Georgia; recognize November 7-13....................HR 191 Health care management organizations; quality assessment fee;
Indigent Care Trust Fund.....................................................................................HB 392 Health care providers; records; electronic format; tangible copies ........................ SB 204 "Health Share" Volunteers in Medicine Act; enact ................................................HB 166 Healthy Living Month; declare during November .................................................HR 387 Hospital acquisitions; certain definition; amend ......................................................HB 71 Hospital Infections Disclosure Act; enact ..............................................................HB 417 Hospitals; care for nonresident indigents; reimbursement procedures...................HB 317 Hospitals; liability for acts of health care providers; requirements........................HB 237 House Study Committee on Causes and Treatment of Lymphedema;
create ....................................................................................................................HR 641 House Study Committee on Georgia's Oral Health; create ....................................HR 489 House Study Committee on Health Care Bonds; create.........................................HR 774 House Study Committee on Nutrition and Obesity of Children; create.................HR 369 Indemnification; emergency rescue or public safety worker; certain
impairment of health............................................................................................ SB 192 Indigent and elderly; certain hospitals; provider fees...............................................HB 74 Industrial Hygiene, Health Physics, and Safety Profession Recognition
and Title Protection Act; enact ............................................................................HB 353 "Living Will Week"; designate first week of April each year................................ SR 537 "Living Will Week" in Georgia; recognize first week of April yearly ..................HR 856 Local option sales tax; health care within special districts; provisions..................HB 688 Medical malpractice; amend Official Code of Georgia Annotated
Titles 9, 24, 31, and 51 ..........................................................................................HB 56 Microbial Professionals Licensing Act; enact ........................................................HB 729 National Eating Disorders Awareness Week; recognize 2/19-2/28 .......................HR 253 Patient Access to Eye Care Act; remove from Title 31; recodify
under Title 33......................................................................................................... SB 81 Public Health Week in Georgia; recognize ............................................................HR 755 Public schools; meningococcal meningitis; vaccines; sample
educational materials ...........................................................................................HB 813

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4626

INDEX

Renal dialysis facilities; repeal sunset provisions; Renal Dialysis Advisory Council; membership ............................................................................. SB 48
School Health and Physical Education Support Fund; special license plates ........................................................................................................HB 647
School health and physical education support program; special license plates CA ..............................................................................................HR 365
Sewage Holding Tank Act; revise ..........................................................................HB 352 "Small Business Employee Choice of Benefits Health Insurance
Plan Act"; enact .....................................................................................................HB 83 "Small Business Employee Choice of Benefits Health Insurance
Plan Act"; enact ................................................................................................... SB 174 Smokefree Air Act of 2005; enact............................................................................ SB 90 Special license plates; Alzheimer's Association, Georgia Chapter ........................HB 549 Special license plates; certain pediatric cancer programs ......................................HB 921 Special license plates; Children's Healthcare of Atlanta ........................................HB 308 Special license plates; emergency medical services personnel ..............................HB 402 Special license plates; identifying persons with diabetes.......................................HB 710 Special license plates; Stroke Awareness...............................................................HB 750 State agencies; reports to General Assembly; notification of availability ............... SB 49 State Board of Cosmetology; terminate; repeal Chapter 10 of Title 43 .................HB 385 State Commission on the Efficacy of the Certificate of Need
Program; create ....................................................................................................HB 390 State funded health care; applicants submit employment data;
provisions.............................................................................................................HB 548 State Planning for Increased Community Access Act; enact .................................HB 680 Stroke care for all residents; recognize need for improved system........................HR 675 Student health; body mass index in report cards; provisions .................................HB 497 Tanning facilities; definitions and provisions ........................................................HB 702 Teacher education; urge inclusion of health and physical education
courses .................................................................................................................HR 395 Torts; asbestos claims and successor corporations; provisions..............................HB 925 Torts; asbestos or silica claims; definitions and provisions ...................................HB 416 Torts; emergency medical care; liability claims; amend provisions ......................HB 233 Torts; limit medical damages; liability of facilities; provisions.............................HB 339 Torts; medical malpractice insurance rates; financial limits; provisions ...............HB 274 Traumatic brain and spinal cord injuries; state-wide central registry;
reports to Brain and Spinal Injury Trust Fund Commission ............................... SB 208 Tuberculosis hospitalization; amend provisions....................................................... SB 56 Women's Informed Consent Protection Act; enact ................................................HB 156
HEALTH CARE PLANS Crimes; theft by conversion of health care benefits; define offense ......................HB 214

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4627

Emergency medical services; prehospital health care; insurance provisions.............................................................................................................HB 747
Georgia Telemedicine Act; enact ...........................................................................HB 310 Health care management organizations; quality assessment fee;
Indigent Care Trust Fund.....................................................................................HB 392 Health insurance plan; state or political subdivisions; definition...........................HB 371 Health insurance; patient's right to independent review; medical
assistance; PeachCare; Joint Committee to Study Prescription Costs in State Funded Health Care Plans ............................................................ SB 140 "Health Share" Volunteers in Medicine Act; enact ................................................HB 166 Insurance; amend Code Chapters 6, 20A, 24, 27, 29, and 30 ................................HB 291 Insurance; consumer protection; establish task force .............................................HB 330 Local boards of education; extend health benefits; certain members.....................HB 922 Long-term or self-directed care initiative; urge Medicare and Medicaid approve waiver requests ......................................................................HR 217 Medicaid or state funded health care programs; immunosuppressives; required coverage.................................................................................................HB 602 PeachCare; enroll children of public employees; urge congressional action....................................................................................................................HR 171 Physicians; state health insurance plans; require Medicaid participation ...........................................................................................................HB 73 "Small Business Employee Choice of Benefits Health Insurance Plan Act"; enact .....................................................................................................HB 83 "Small Business Employee Choice of Benefits Health Insurance Plan Act"; enact ................................................................................................... SB 174 State Commission on the Efficacy of the Certificate of Need Program; create ....................................................................................................................HB 390 State Health Benefit Plan; certain vested judges and district attorneys; continue coverage ...............................................................................HB 383
HEALTH INSURANCE Certificate of need; home health or infusion agency; pharmacists; exemption.............................................................................................................HB 270 Civil practice, evidence, insurance, professions and businesses, and torts; comprehensive revision of provisions relating to health care ........................ SB 3 Commission on the Georgia Health Insurance Risk Pool; create...........................HB 320 Crimes; theft by conversion of health care benefits; define offense.......................................................................................................HB 214 Employees' health insurance; certain members of local boards of education; provide benefits .............................................................................HB 920 Georgia Telemedicine Act; enact ...........................................................................HB 310 Health Care Decisions Week in Georgia; recognize November 7-13, 2005 ............................................................................................................HR 191

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INDEX

Health insurance funds; teachers and school employees; combine with other funds ...................................................................................................HB 524
Health insurance; patient's right to independent review; medical assistance; PeachCare; Joint Committee to Study Prescription Costs in State Funded Health Care Plans ............................................................ SB 140
Health insurance plan; state or political subdivisions; definition...........................HB 371 Health insurance plans; state employees, teachers, public school
employees, retirees; combine funds..................................................................... SB 284 Health insurance; major medical policies; carry-over deductible ..........................HB 290 Health insurance; treatment of morbid obesity; require coverage............................HB 43 "Health Share" Volunteers in Medicine Act; enact ................................................HB 166 Insurance; amend Code Chapters 6, 20A, 24, 27, 29, and 30 ................................HB 291 Insurance; consumer protection; establish task force .............................................HB 330 Local boards of education; employment benefits; authorize expenditure
of funds .................................................................................................................. SB 98 Local boards of education; extend health care benefits; certain members.............HB 922 Local boards of education; health benefit plan; certain members..........................HB 462 Long-term or self-directed care initiative; urge Medicare and
Medicaid approve waiver requests ......................................................................HR 217 Medicaid or state funded health care programs; immunosuppressives;
required coverage.................................................................................................HB 602 PeachCare; enroll children of public employees; urge congressional
action....................................................................................................................HR 171 Physicians; state health insurance plans; require Medicaid participation ................HB 73 "Small Business Employee Choice of Benefits Health Insurance
Plan Act"; enact .....................................................................................................HB 83 "Small Business Employee Choice of Benefits Health Insurance
Plan Act"; enact ................................................................................................... SB 174 State Commission on the Efficacy of the Certificate of Need
Program; create ....................................................................................................HB 390 State Health Benefit Plan; certain vested judges and district
attorneys; continue coverage ...............................................................................HB 383 Torts; limit medical damages; liability of facilities; provisions.............................HB 339
HEALTH MAINTENANCE ORGANIZATIONS Health care management organizations; quality assessment fee; Indigent Care Trust Fund.....................................................................................HB 392 Health insurance; patient's right to independent review; medical assistance; PeachCare; Joint Committee to Study Prescription Costs in State Funded Health Care Plans ............................................................ SB 140 Insurance; amend Code Chapters 6, 20A, 24, 27, 29, and 30 ................................HB 291 "Small Business Employee Choice of Benefits Health Insurance Plan Act"; enact .....................................................................................................HB 83

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4629

"Small Business Employee Choice of Benefits Health Insurance Plan Act"; enact ................................................................................................... SB 174
HEARD COUNTY; board of commissioners; county chair; terms ........................HB 835
HENRY COUNTY Board of elections; abolish; create board of elections and registration.................. SB 352 Henry County Governmental Services Authority; create.......................................HB 876
HIGHWAYS, BRIDGES, AND FERRIES Adam Poole Vandiver Memorial Bridge; designate ..............................................HR 485 A. L. Stepp Interchange; designate.........................................................................HR 231 Aviation fuel sales; urge Department of Transportation use funds for regional airport facilities ......................................................................HR 537 Baxter Shavers Memorial Intersection; designate ..................................................HR 200 Blue Star Memorial Highway in Pembroke; designate ..........................................HR 173 Byron Herbert Reece Memorial Highway; dedicate portion of U. S. Highway 129 ..........................................................................................HR 295 Charles Bradley Mullis; Disabled American Veterans; Frank G. Harris; Parson H. F. Joyner; Chip Riddle; Martin Luther King, Jr., Blvd.; Mayor Johnny Bradfield; Roger Caudell; George Bentley; James D.(Jim) McGee; dedications and designations ....................................................HR 269 Charles Bradley Mullis Memorial Bridge; designate .............................................HR 238 Chip Riddle Memorial Bridge; designate...............................................................HR 394 Community Streetcar Development and Revitalization Act; enact........................ SB 150 County police; inspection of roads and bridges; repeal..........................................HB 557 Developmental Highway System; add additional route ......................................... SB 107 DeWayne King, USMC, Memorial Bridge; designate.............................................HR 91 Disabled veterans and blind persons; vendors on streets and highways ................HB 693 FlexAuto lanes; authorize Department of Transportation to implement................HB 273 Frank G. Harris Memorial Highway; designate .....................................................HR 280 Harry H. Eason Bridge; designate ..........................................................................HR 571 Highway Authority; one-time transfer of trust funds .............................................HB 525 Highways, bridges, and ferries; amend provisions................................................. SB 160 Highways; vehicles hauling certain products; weight limitation variance; violations; fines ....................................................................................HB 279 Hybrid or alternative fuel vehicles; urge Congress to allow use in high occupancy vehicle lanes ................................................................................HR 14 Jack Shearouse Bridge; designate.............................................................................HR 94 J. G. McCalmon Highway; designate....................................................................... SR 81 John Lee Drake, Sr., Highway; designate .............................................................. SR 282 Joseph Jones, Sr., Bridge; designate.......................................................................HR 825 Mack Mattingly Highway; designate ..................................................................... SR 305

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INDEX

MARTA; code of ethics and conflict of interest violations; penalties ..................... SB 99 MARTA; reserve fund interest income used to pay operating costs;
extend sunset provision........................................................................................ SB 115 MARTA; use of sales tax proceeds; extend sunset provisions............................... SB 114 Motor carriers; require representatives complete educational seminar..................HB 726 Motor vehicles; highway work zones; required signage ........................................HB 160 Negro Branch in Brooks County; rename Pride Branch ........................................HR 408 Fallen Troopers Memorial Highway and the Trooper
Ronnie O'Neal Overpass; designate..................................................................... SR 304 Open records; exempt certain motorist records of State Road
and Tollway Authority......................................................................................... SB 121 Outdoor advertising; certain adult entertainment; prohibit signs ...........................HB 519 Parson H. F. Joyner Memorial Bridge; designate in Rome....................................HR 393 Pedestrian and bicycle paths; require Department of
Transportation construct ......................................................................................HB 926 Pedestrian and bicycle paths; require Department of
Transportation construct ......................................................................................HB 928 Pilot performance based asset maintenance project; urge Department
of Transportation initiate .....................................................................................HR 676 Public road funds; allocation and balancing; exempt certain projects ...................HB 723 Public road funds; allocation provisions; remove certain projects.........................HB 737 Public roads; allocation of state and federal funds; change provisions....................HB 16 Radar; operation by certain full-time peace officers only ......................................HB 324 Railroad crossings used by school buses; upgrade protective devices...................HB 715 Reverend George Vandiver Memorial Bridge; designate ......................................HR 484 Reverend George Vandiver Memorial Bridge; designate ......................................HR 723 Special license plates; amend provisions; authorize new plates;
Bill Elliott Day in Georgia; designate ................................................................. SB 168 Speed detection devices; certain highways and bridges; prohibit use....................HB 159 Speed detection devices; certain visibility provisions; repeal..................................HB 92 State and federal highway funds; equal division among congressional
districts; budgeting periods...................................................................................... SB 4 State Public Transportation Fund; limits on collections and
expenditures .........................................................................................................HB 361 Thomas B. Darieng, Sr., Highway; designate ........................................................ SR 280 Traffic control; signal monitoring devices; annual reports ....................................HB 242 Transportation of Hazardous Materials Act; enact.................................................HB 762 Transportation projects; public-private initiatives; amend provisions ................... SB 270 Transportation, Department of; design-build contracts; revise criteria..................HB 530 Transportation, Department of; design-build contracts; revise criteria.................. SB 231 Transportation, State Board; member removal; provisions....................................HB 891 Warren V. Johnson Bridge; designate ....................................................................HR 413 Wendell W. Thigpen Memorial Bridge; designate.................................................HR 201

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4631

HOG FARMING Sales tax exemption; fuel for certain swine raising purposes.................................HB 834
HOME SCHOOLS Juries; exemption; caregivers of certain children ...................................................HB 376
HOMEOWNER TAX RELIEF GRANTS Ad valorem taxation; homeowner tax relief grants; tax executions; amend certain provisions .....................................................................................HB 116
HOMESTEAD EXEMPTION Ad valorem tax; motor vehicles and mobile home; registration provisions..........................................................................................HB 255 Bankruptcy; debtor's residence; certain homestead exemption..............................HB 679 Homestead exemption; disabled veterans; increase ...............................................HB 803 Homestead exemption; disabled veterans; surviving spouses who remarry.........................................................................................................HB 315 Homestead exemption; senior citizens; actual levy amount...................................HB 848 Homestead exemption; unremarried surviving spouse of deceased spouse.....................................................................................................................HB 81
HOMICIDE Murder; certain offender not sentenced to death; life without parole ....................HB 248
HOSPITALS AND OTHER HEALTH CARE FACILITIES Assisted living facilities; Levels I and II; provisions .............................................HB 206 Civil practice and torts; health care liability claims; noneconomic damages ...............................................................................................................HB 235 Civil practice, evidence, insurance, professions and businesses, and torts; comprehensive revision of provisions relating to health care ................................. SB 3 Consumer Right to Participate Act; enact ..............................................................HB 779 Department of Community Health; contract with care management; drug rebates; require refund.................................................................................HB 358 Disabled adults and elder persons; protective services; discharge and transfer from facilities..........................................................................................HB 394 Georgia Hospital Insurance Authority Act; enact ....................................................HB 72 Georgia Hospital Insurance Authority; enact ...........................................................HB 70 Health care providers; records; electronic format; tangible copies ........................ SB 204 Hospital acquisitions; certain definition; amend ......................................................HB 71 Hospital Infections Disclosure Act; enact ..............................................................HB 417 Hospitals providing emergency room services; group liability insurance ..............................................................................................................HB 827 Hospitals; care for nonresident indigents; reimbursement procedures...................HB 317

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INDEX

Hospitals; liability for acts of health care providers; requirements........................HB 237 Indigent and elderly; certain hospitals; provider fees...............................................HB 74 Judicial proceedings; professional malpractice cases; use of experts ....................HB 234 Medical malpractice; health information; disclosure .............................................HB 575 Medical malpractice; procedures relating to actions ..............................................HB 571 Renal dialysis facilities; repeal sunset provisions; Renal Dialysis
Advisory Council; membership ............................................................................. SB 48 Stroke care for all residents; recognize need for improved system........................HR 675 Torts; emergency medical care; liability claims; amend provisions ......................HB 233 Torts; limit medical damages; liability of facilities; provisions.............................HB 339 Torts; medical negligence; limit noneconomic damages .......................................HB 329 Traumatic brain and spinal cord injuries; state-wide central registry;
reports to Brain and Spinal Injury Trust Fund Commission ............................... SB 208 Tuberculosis hospitalization; amend provisions....................................................... SB 56
HOTELS, MOTELS, INNS, AND ROADHOUSES Excise tax; hotels and motels; change certain definitions ......................................HB 120 Hotels and motels; 5 percent tax rate; counties promoting tourism; conventions, trade shows ..................................................................................... SB 194 Tax; certain trails and walkways; expenditure requirements; rates levied.............HB 374 Tax; local governments; amend provisions ............................................................HB 765 Tax; review board; amend certain provisions.........................................................HB 505
HOUSE OF REPRESENTATIVES American Red Cross; recognizing March, 2005, American Red Cross Month; invite representatives to House .....................................................HR 388 Barnett, Dr. Marsha; invite to House......................................................................HR 607 Benson, Bradley; invite to House ...........................................................................HR 250 Berkmar High School Academic Decathlon Team; commend and invite to House ..............................................................................................HR 429 Buttrill, Judge Del; commend and invite to House ..................................................HR 59 Charles, Ray; honor life; Jamie Foxx, star of the movie RAY; invite to House .....................................................................................................HR 407 Charlton County High School football team and Head Coach Rich McWhorter; invite to House........................................................................HR 603 Clayton County Police Department; invite to House ...............................................HR 27 Clayton County Police Department's Highway Enforcement Against Traffic unit and captain Tom Israel; invite members to House .................................................................................................................HR 28 Coalition of Labor Union Women; invite Georgia Chapter to House....................HR 368 Columbus Day at the Capitol; declare March 11, 2005 .........................................HR 390 Community Living Services Joint Study Committee; create .................................HR 492 Coosa High School; commend and invite representatives to House......................HR 111

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4633

Coosa High School; invite students, parents, teachers, and administrators to House .......................................................................................HR 637
Cordele-Crisp County Fish Fry; invite cooking team to House .............................HR 194 Dade County High School softball team; invite members and
Head Coach Jill Higdon to House .......................................................................HR 569 Delta Sigma Theta Day; declare March 9, 2005; invite representatives
to House ...............................................................................................................HR 278 East Hall High School; invite students, parents, teachers, and
administrators to House .......................................................................................HR 636 Electronic Control Device ad hoc committee; urge continuation ..........................HR 341 Elliott, Bill; invite family to House ........................................................................HR 516 Fannin County High School Junior Varsity Academic Team;
invite members to House .....................................................................................HR 517 4-H Clubs of Georgia; invite 2004-2005 Leadership Team to House....................HR 199 Georgia Appalachian Trail Club; invite to House ..................................................HR 321 Georgia Farm Bureau Federation; commend; invite president
to House .................................................................................................................HR 62 Georgia Peach Festival; commend; invite the 2004 Georgia
Peach Queens to House........................................................................................HR 271 Georgia Recreation and Parks Association; invite representatives
to House ...............................................................................................................HR 164 "Girls and Women in Sports Day"; recognize February 9, 2005;
invite outstanding female athletes to House ..........................................................HR 69 Glover, Kristan; invite to House.............................................................................HR 195 Gordon Lee High School Softball Team; invite to House .....................................HR 279 Grace Towns Hamilton portrait; return to place of distinction ................................HR 80 Greenbrier High School Softball Team; invite to House .........................................HR 71 Gwinnett County Police Department's Uniform and Communications
Divisions and SWAT Team; invite members to House ......................................HR 644 Hawkinsville High School Red Devils football team; invite
team to House ......................................................................................................HR 196 Hephzibah High School students, teachers, and administrators;
invite to House .....................................................................................................HR 604 Hephzibah High School; invite students, parents, teachers, and
administrators to House .......................................................................................HR 639 Hitchens, Bill; Homeland Security director; invite to House.................................HR 218 Holland, David Q. III; Peace Officer of the Year for Valor;
invite to House .....................................................................................................HR 220 Hollowell, Donald L.; condolences; invite family to House ..................................HR 236 House Ad Valorem Inventory Tax Study Committee; create ................................HR 486 House All-terrain Vehicle (ATV) Safety Study Committee; create.......................HR 214 House; apportion as single member districts - CA ...................................................HR 25 House City of Fairview Incorporation Study Committee; create...........................HR 765

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House clerk and Senate secretary; furnishing bonds; repeal provisions............................................................................................................. SB 260
House Coastal Georgia Sound Science Initiative Study Committee; create ....................................................................................................................HR 494
House Community Living Services Study Committee; create...............................HR 512 House Education Funding Study Committee; create..............................................HR 488 House Film and Video Game Technology Study Committee;
create ....................................................................................................................HR 642 House Higher Education Seamless Transition Study Committee;
create ....................................................................................................................HR 951 House HOPE Scholarship Program Study Committee; create ...............................HR 442 House Interns; 2005 regular session; commend .....................................................HR 847 House Local School District Development Impact Fees Study
Committee; create ................................................................................................HR 230 House; relative to officials, employees, and committees .........................................HR 12 House of Representatives; apportionment; single member districts - CA ...............HR 49 House of Representatives; establish redistricting standards...................................HR 237 House of Representatives; single-member districts - CA.........................................HR 64 House Study Committee on Causes and Treatment of Lymphedema;
create ....................................................................................................................HR 641 House Study Committee on Children: Newborns to Age Five;
create ....................................................................................................................HR 518 House Study Committee on Coroners' Compensation; create................................HR 606 House Study Committee on Georgia's Oral Health; create ....................................HR 489 House Study Committee on Health Care Bonds; create.........................................HR 774 House Study Committee on Nutrition and Obesity of Children;
create ....................................................................................................................HR 369 House Study Committee on Pari-mutuel Betting on Horse Racing;
create ....................................................................................................................HR 519 House Study Committee on Public Retirement Fund Investment
in Venture Capital; create ....................................................................................HR 197 House Study Committee on Restructuring Georgia's Criminal
Penalties; create ...................................................................................................HR 515 House Study Committee on State Mileage Reimbursement Rate; create ..............HR 910 House Study Committee on Teleworking; create...................................................HR 775 House Study Committee on Tobacco Tax Evasion; create ....................................HR 428 House Study Committee on University System Institution Foundations;
create ....................................................................................................................HR 679 House Taxpayer Bill of Rights Study Committee; create ......................................HR 340 House Wildlife Management Study Committee; create .........................................HR 632 Israel, Jeff; election to State Election Board ..........................................................HR 432 Jones, Jimmy; Peace Officer of the Year for Valor; invite to House .....................HR 219 LaGrange High School Football Team; invite to House ........................................HR 255

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4635

Legislative branch employees; certain optional coverage under merit system; repeal provisions ........................................................................... SB 286
Legislative branch of government; amend budgetary provisions........................... SB 282 Lipson, Dr. Robert A.; WellStar Health System; commend;
invite Dr. Lipson to House...................................................................................HR 493 Lowndes High School 2004 football team; invite to House...................................HR 320 Lucas, Cicero; invite to House ...............................................................................HR 725 McBee, Dr. Louise; invite to House .......................................................................HR 495 Milton High School Varsity Baseball Team; invite to House..................................HR 46 Moore family; commend and invite to House ........................................................HR 433 Morningside Elementary School; invite principal to House ..................................HR 514 Northview High School; invite students, parents, teachers, and
administrators to House .......................................................................................HR 640 Notify House; Senate convened ................................................................................. SR 3 Notify Senate; House convened ...............................................................................HR 10 Oversight Committee for Planning to Provide Home and
Community Based Services; create .....................................................................HR 633 Padgett, Beverly; 2004 Rick Perkins Award for Excellence in
Technical Instruction; invite to House.................................................................HR 339 Parent Teacher Association (PTA); invite representatives to House .....................HR 221 Pilot performance based asset maintenance project; urge Department
of Transportation initiate .....................................................................................HR 676 Portal Middle and High School; invite students, parents, teachers,
and administrators to House ................................................................................HR 638 Puckett, Chase; 2005 Georgia Teacher of the Year; invite to House.....................HR 336 REACH for Wellness Day; proclaim February 26, 2005, at Capitol;
invite representatives to House............................................................................HR 229 Riverside Elementary School; commend; invite Craig Barlow,
Principal, to House...............................................................................................HR 342 Robert Toombs Christian Academy Football Team; invite to House ....................HR 251 Rotary International; invite certain district governors to House ............................HR 337 Rules of House; adopt...............................................................................................HR 11 Rules of House; amend Rule 13 .................................................................................HR 4 Rules of House; amend Rule 18 .............................................................................HR 192 Rules of House; amend Rule 50 .............................................................................HR 416 Rules of the House; amend .....................................................................................HR 109 Savannah St. Patrick's Day Parade; invite certain persons to House .....................HR 409 Shuman-Riley, Dr. Brenda; 2006 Georgia Teacher of the Year;
invite to House .....................................................................................................HR 726 Smith, Ashley; invite to House...............................................................................HR 643 State Registry Study Commission; create ..............................................................HR 296 Stephens, Samantha; 2005 Georgia Watermelon Queen; invite
to House ...............................................................................................................HR 266

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Superior Court Clerks' Cooperative Authority; invite delegates to House ...............................................................................................................HR 948
Task Force to Study Consumer Protection Provisions in the Georgia Insurance Code; create..........................................................................HR 270
The Links, Incorporated; invite officers to House..................................................HR 281 3rd Force Reconnaissance Company; invite Marines to House.............................HR 719 Walker, Candice; 2004 Georgia Occupational Award of Leadership;
invite to House .....................................................................................................HR 338 Warner Robins High School Football Team; invite to House..................................HR 67 Warrington, Bret; invite to House ..........................................................................HR 267 White, Meredith; invite to House ...........................................................................HR 163 Wilbanks, J. Alvin; invite to House........................................................................HR 370 Woods, Candler; invite to House............................................................................HR 268 Youth Leadership Henry; invite members to House ..............................................HR 202
HOUSING (See Buildings and Housing)
HUMAN RESOURCES, DEPARTMENT OF Bill of Rights for Children in Foster Care; urge discussion by Department of Human Resources and child advocates .......................................HR 300 Child support; debt to state for unreimbursed public assistance payments; negotiation, waiver, or reduction.......................................................... SB 52 Children and youth services; child protective services workers; amend provisions .................................................................................................HB 605 Children's Vision Improvement and Learning Readiness Act of 2005; enact.........................................................................................................HB 34 Consumer Right to Participate Act; enact ..............................................................HB 779 Food service establishments; Department of Human Resources establish grading sheet .........................................................................................HB 467 Food stamps; urge Department of Human Resources eliminate vehicle asset test...................................................................................................HR 366 Hospital Infections Disclosure Act; enact ..............................................................HB 417 Human Resources; criminal history information; provisions.................................HB 180 Juvenile proceedings; disposition of deprived child; reunification efforts; child placement .......................................................................................HB 333 Oversight Committee for Planning to Provide Home and Community Based Services; create .........................................................................................HR 633 Patient Access to Eye Care Act; remove from Title 31 and recodify under Title 33......................................................................................................... SB 81 The Emergency Food Assistance Program; food distribution; urge Department of Human Resources raise eligibility level ......................................HR 412 Torts; medical malpractice insurance rates; certain financial limits; provisions..................................................................................................HB 274

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4637

Traumatic brain and spinal cord injuries; state-wide central registry; reports to Brain and Spinal Injury Trust Fund Commission ............................... SB 208
HUNTING Deer hunting; seasons; bag limits; certain extended archery-only open seasons ........................................................................................................HB 292 Deer Management Act of 2005; weapons; limits; hunting with dogs; donation of certain deer to charitable organizations............................................ SB 201 Fishing and hunting; preserve for the people and manage by law for the public good CA ................................................................................ SR 67 Game and fish; hunting within vicinity of bait feeds on private land ....................HB 345 Game and fish; resident and nonresident; one-day and three-day license fees ...........................................................................................................HB 662 Hunting and fishing; honorary licenses for disabled persons; certification ..........................................................................................................HB 441 Hunting and fishing; lifetime licenses for certain veterans ....................................HB 668 Hunting deer with dogs; certain private land; license; provide..............................HB 484 Hunting deer with dogs; open seasons; amend certain provisions .........................HB 503 Hunting; primitive weapons; amend provisions.....................................................HB 338 Hunting; state land management; hunting deer with dogs; permits ....................... SB 206 Military members on ordered duty; extend certain licenses; jury duty exemption; termination of certain contracts ................................................ SB 258 Nuisances; agricultural operations; include wildlife habitat and hunting ..........................................................................................................HB 261 Sales tax exemption; professional hunting guide services .....................................HB 435
HYDROGEN FUEL CELL CORRIDOR Workforce Training and Technology Certification; urge creation.........................HR 823

I
INCOME TAX Broadband equipment; exemption..........................................................................HB 742 Change certain definitions ......................................................................................HB 112 Corporations; allocation and apportionment formulas; revise ...............................HB 191 Corporations; gradual reduction; abolishment .........................................................HB 24 Cost-of-Living Tax Fairness Act; enact .................................................................HB 182 Credit; businesses adding employees; computation ...............................................HB 468 Credit; certain purchased or leased hybrid vehicles .................................................HB 21 Credits; certain businesses; less developed areas ...................................................HB 389 Credits; certain counties; wireless telecommunications carrier .............................HB 536 Credits; certain volunteer firefighters.....................................................................HB 930
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INDEX

Credits; telecommuting; employers convert certain work force ............................HB 393 Credit; teleworking for limited period of time .......................................................HB 194 Crime Victims Restitution Act of 2005; enact .......................................................HB 172 Deduction; cost of certain classroom supplies and materials by educators............HB 263 Deductions; purchases treated as expenses; contributions;
Georgia National Guard.......................................................................................HB 282 Dog and cat sterilization fund; contributions; state income tax returns .................HB 452 Exclude capital gain on certain property conversion .............................................HB 210 Exclude certain severance pay................................................................................HB 208 Fair Tax Act; urge Congress to enact .........................................................................HR 5 Georgia Entertainment Industry Investment Act; provisions.................................HB 539 Georgia Public Revenue Code; repeal certain statutes and provisions ..................HB 556 Military income exclusion; amend .........................................................................HB 167 Military income exclusion; amend provisions........................................................HB 538 Setoff debt collection; claimant agencies; include public housing
authorities.............................................................................................................HB 429 State and Local Tax Revision Act of 2005; enact ..................................................HB 488 Taxable net income; certain business relocations; exclude attributable
income....................................................................................................................HB 12
INDEMNIFICATION County offices of sheriff-elect; create and provide indemnification......................HB 934 Indemnification; emergency rescue or public safety worker; certain impairment of health ................................................................................ SB 192 Law enforcement officer or firefighter; temporary disability; filing claim...........................................................................................................HB 240
INDIAN AFFAIRS American Indian tribes; Georgia Tribe of Eastern Cherokee; delete address.......................................................................................................HB 228 American Indian tribes; recognize Georgia Kokeneshv Natchez Nation...................................................................................................................HB 223 American Indian tribes; Southeastern Cherokee Council, Inc.; state recognition ...........................................................................................................HB 586
INDIGENT (Also, see Social Services) Ambulance services; reimbursement for Medicaid recipients; provisions.............................................................................................................HB 909 Assistant public defender; provide for each juvenile division ...............................HB 316 Assisted living facilities; Levels I and II; provisions .............................................HB 206 Commercial Code; filing office for secured transactions; certain indigent defense fees............................................................................................HB 850 Court fines and forfeitures; civil filing fee; indigent defense fund ........................HB 771

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4639

Disabled adults or elder persons; protective services; public guardians; definitions and provisions ..................................................................HB 394
Health care management organizations; quality assessment fee; Indigent Care Trust Fund..............................................................................HB 392
"Health Share" Volunteers in Medicine Act; enact ................................................HB 166 Hospitals; care for nonresident indigents; reimbursement procedures...................HB 317 Indigent and elderly; certain hospitals; provider fees...............................................HB 74 Indigents; legal defense; amend certain provisions................................................HB 366 Physician's assistants; service to indigent patients; costs .......................................HB 350 Public defenders; indigent defense services; recovery of fees ............................... SB 203
INFECTIOUS DISEASES Hospital Infections Disclosure Act; enact ..............................................................HB 417 Public schools; meningococcal meningitis; vaccines; sample educational materials ...........................................................................................HB 813 Tuberculosis hospitalization; amend provisions.....................................................HB 339
INSURANCE Chiropractors; change code references; chiropractic physicians............................HB 546 Civil practice, evidence, insurance, professions and businesses, and torts; comprehensive revision of provisions relating to health care ................................. SB 3 Commission on the Georgia Health Insurance Risk Pool; create...........................HB 320 Construction defect claim; fulfillment or settlement; provisions ...........................HB 307 County and municipal insurance taxes; early distribution; provisions...................HB 189 Credit life insurance; delivery of policy or certificate; time limit.......................... SB 166 Credit life insurance; insured notify insurer of early payoff of indebtedness......................................................................................................... SB 167 Drivers' licenses; information available to insurers; extend pilot program............HB 151 Emergency medical services; prehospital health care; insurance provisions.............................................................................................................HB 747 Employees' health insurance; certain members of local boards of education; provide benefits .............................................................................HB 920 Employees' Retirement; group term life; define.....................................................HB 463 Employment; discharge because of absenteeism; amend provisions .......................HB 94 Georgia Long-Term Care Partnership Program Act; enact .................................... SB 112 Georgia Telemedicine Act; enact ...........................................................................HB 310 Health care management organizations; quality assessment fee; Indigent Care Trust Fund.....................................................................................HB 392 Health insurance; major medical policies; carry-over deductible ..........................HB 290 Health insurance; patient's right to independent review; medical assistance; PeachCare; Joint Committee to Study Prescription Costs in State Funded Health Care Plans ............................................................ SB 140 Health insurance plan; state or political subdivisions; definition...........................HB 371

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4640

INDEX

Health insurance plans; state employees, teachers, public school employees, retirees; combine funds..................................................................... SB 284
Health insurance; treatment of morbid obesity; require coverage............................HB 43 "Health Share" Volunteers in Medicine Act; enact ................................................HB 166 Hospitals providing emergency room services; group liability insurance .............HB 827 Insurance; administrators; agents; insolvency pool; definitions
and provisions ......................................................................................................HB 407 Insurance; amend Code Chapters 6, 20A, 24, 27, 29, and 30 ................................HB 291 Insurance; consumer protection; establish task force .............................................HB 330 Insurance; electronic notice of cancellation of policies to lien holders..................HB 418 Insurance; insurable interest in life of insured........................................................HB 443 Insurance; private passenger motor vehicles; certain state-wide rates
and regulations.....................................................................................................HB 427 Insurance; uniform claim form; explanation of benefits; establish ........................HB 908 Insurers; loss reserves; liability insurance and workers' compensation ................. SB 225 Insurers; permit food and refreshments under certain circumstances ....................HB 425 Life insurance; Life Settlements Act; transfer death benefit to
life settlement contract......................................................................................... SB 217 Local boards of education; employment benefits; authorize expenditure
of funds .................................................................................................................. SB 98 Long-Term Care Partnership Program; establish ...................................................HB 643 Medicaid or state funded health care programs; immunosuppressives;
required coverage.................................................................................................HB 602 Motor vehicle insurance coverage termination; ten-day lapse period
before fees are applied ......................................................................................... SB 234 Motor vehicle liability insurance; mile based premiums........................................HB 843 National Guard; certain active duty members; life insurance ................................HB 164 Patient Access to Eye Care Act; remove from Title 31 and recodify
under Title 33......................................................................................................... SB 81 Prepaid legal services plans; amend provisions .....................................................HB 375 Property and Casualty Insurance Modernization Act; enact ..................................HB 683 Property insurance; warranty service agreements; amend provisions....................HB 428 "Small Business Employee Choice of Benefits Health Insurance
Plan Act"; enact .....................................................................................................HB 83 "Small Business Employee Choice of Benefits Health Insurance
Plan Act"; enact ................................................................................................... SB 174 State agencies; reports to General Assembly; notification of availability ............... SB 49 State employees' health insurance plan; coverage; certain community
service board retirees and dependents ................................................................. SB 268 State employees insurance; coverage for certain surviving dependents
or spouse ............................................................................................................. SB 236 State Health Benefit Plan; certain vested judges and district
attorneys; continue coverage ...............................................................................HB 383

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4641

Task Force to Study Consumer Protection Provisions in the Georgia Insurance Code; create..........................................................................HR 270
Torts; medical malpractice insurance rates; certain financial limits; provisions..................................................................................................HB 274
Workers' compensation; certain premium discounts; electronic submission and transmission of documents; injuries; compensations.................HB 327
INTANGIBLE TAXATION Intangible tax; property in more than one county; prorated payment ....................HB 265 Multidisciplinary Center for Affordable Housing; create within University System..................................................................................................HB 69 Real estate transfer and intangible recording taxes; increase and allocate revenue - CA......................................................................................HR 26 Taxation of intangibles; real estate transfer tax; amend certain provisions.............................................................................................................HB 117
INTEREST AND USURY Pawnbrokers; amend certain provisions; provide for title pawn transactions ..........................................................................................................HB 675
IRWIN COUNTY Nonpartisan elections; chief magistrate..................................................................HB 587 Nonpartisan elections; probate judge .....................................................................HB 588

J
JACK SHEAROUSE BRIDGE; designate ..............................................................HR 94
JACKSON COUNTY; convey property .................................................................HR 166
JAILS Correctional institutions; inmate commissaries......................................................HB 667 Counties housing state inmates awaiting transfer; reimbursement rate .................HB 477 Deaths of persons confined in jails; urge investigations ........................................HR 161 Georgia Bureau of Investigation; inspect death of any person confined in penal institution ................................................................................HB 326
JASPER COUNTY; economic development authority act; repeal .........................HB 857
JEFF DAVIS COUNTY Commissioner districts; change description ........................................................... SB 295 Education districts; change description .................................................................. SB 323
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INDEX

JEFFERSON COUNTY Board of commissioners; convey certain property .................................................HB 826
J. G. McCALMON HIGHWAY; designate ............................................................. SR 81
JOHN LEE DRAKE, SR., HIGHWAY; designate ............................................... SR 282
JONES COUNTY County surveyor; abolish office .............................................................................HB 760 Nonpartisan elections; probate judge .....................................................................HB 712
JOSEPH JONES, SR., BRIDGE; designate ..........................................................HR 825
JUDGES Judicial Circuits; Appalachian, Cherokee, Flint, Gwinnett, and Southern circuits; add judgeships ...................................................................HB 97 Cherokee Judicial Circuit; add new judge..............................................................HB 204 Council of Municipal Court Judges of Georgia; membership provisions..............HB 531 Courts; requesting judicial assistance from other courts, judges, and senior judges ........................................................................................................HB 609 Courts; senior judge; amend appointment provisions ............................................HB 865 Dublin Judicial Circuit; add judge..........................................................................HB 232 Employees' Retirement and Judicial Retirement; certain membership; creditable service .................................................................................................HB 336 Flint Judicial Circuit; add judge .............................................................................HB 134 Gwinnett Judicial Circuit; add judge ......................................................................HB 489 Judges of the Probate Courts Retirement Fund; designating surviving beneficiary ...........................................................................................HB 251 Judicial Retirement; certain judges or district attorneys; creditable service ..................................................................................................................HB 821 Judicial Retirement; certain military service; creditable service............................HB 871 Judicial Retirement; creditable service; cease contributions..................................HB 868 Judicial Retirement; creditable service for certain prior service; transfer contributions ...........................................................................................HB 486 Judicial Retirement; creditable service; prior service in Employees' Retirement............................................................................................................HB 480 Judicial Retirement; include secretaries of superior court judges ..........................HB 474 Judicial Retirement; juvenile court judge; creditable service.................................HB 731 Judicial Retirement; secretaries of superior court judges.......................................HB 916 Judicial Retirement System; dates and election for participation; amend..............HB 492 Judicial Retirement System; superior court judge or district attorney; creditable service ..................................................................................HB 895 Juvenile court judges; nonpartisan election; provisions.........................................HB 894

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INDEX

4643

Juvenile courts; salary supplements; amend provisions.........................................HB 334 State Health Benefit Plan; certain vested judges and district
attorneys; continue coverage ...............................................................................HB 383 Supreme Court, Appeals Court, superior and state courts; judges;
partisan elections - CA.........................................................................................HR 855
JUDGMENT (See Verdict and Judgment)
JUDICIAL ACCOUNTING Judicial accounting; penalties for failure to remit funds; repeal ............................HB 535
JUDICIAL CIRCUITS Judicial Circuits; Appalachian, Cherokee, Flint, Gwinnett, and Southern circuits; add judgeships ...................................................................HB 97 Cherokee Judicial Circuit; add new judge..............................................................HB 204 Clayton Judicial Circuit; district attorney; salary supplement ............................... SB 355 Clayton Judicial Circuit; superior court judges; salary supplement....................... SB 341 Cobb Judicial Circuit; judges; supplement.............................................................HB 456 Douglas Judicial Circuit; district attorney; authorize employing certain personnel .................................................................................................. SB 235 Dublin Judicial Circuit; add judge..........................................................................HB 232 Family Court Division; Superior Court of Fulton County; pilot project................HB 296 Flint Judicial Circuit; add judge .............................................................................HB 134 Gwinnett Judicial Circuit; add judge ......................................................................HB 489 Gwinnett Judicial Circuit; judges; salary supplements .......................................... SB 185 Pataula Circuit; change certain terms of court........................................................ SB 264 Rockdale Judicial Circuit; court reporters' salary; provisions................................HB 635 Southern Judicial Circuits; judges; supplement compensation ..............................HB 610 Stone Mountain Judicial Circuit; compensation; supplement ................................HB 789 Superior courts; family court division; authorize creation .....................................HB 297
JURIES Criminal Justice Act of 2005; enact .......................................................................HB 170 Juries; exemption; caregivers of certain children ...................................................HB 376 Magistrate court; certain cases; right of removal for jury trial...............................HB 677 Military members on ordered duty; extend certain licenses; jury duty exemption; termination of certain contracts ................................................ SB 258 Trial juries; misdemeanor, felony, death penalty cases, and jointly indicted defendants; equal number of peremptory challenges ................................ SB 2
JURISDICTION AND VENUE Civil practice; venue; actions against joint defendants ..........................................HB 238 Civil practice; venue; actions against joint defendants ..........................................HB 573

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4644

INDEX

Pretrial intervention and diversion programs; authorize certain courts to administer..............................................................................................HB 718
Public Service Commission; superior court filing of certain orders; venue; judgment................................................................................................... SB 210
JUVENILE PROCEEDINGS Assistant public defender; provide for each juvenile division ...............................HB 316 Court supervision fees; amend certain provisions..................................................HB 335 Delinquent or unruly child; bail.............................................................................. SB 136 Disposition of delinquent child; youth development centers; certain alternative programs ............................................................................................ SB 134 Disposition of deprived child; reunification efforts; child placement....................HB 333 Emancipation of minors by petition .......................................................................HB 847 Judicial Retirement; juvenile court judge; creditable service.................................HB 731 Juvenile court; guardian ad litem; training for deprivation cases; exempt certain attorneys ......................................................................................HB 212 Juvenile court judges; nonpartisan election; provisions.........................................HB 894 Juvenile court; jurisdiction; transferring cases from Superior Court .....................HB 325 Juvenile courts; salary supplements; amend provisions.........................................HB 334 Juvenile court; superior court transferring certain cases; amend provisions.............................................................................................................HB 181 Juvenile court supervision fees; use for truancy intervention services .................... SB 97 Juvenile Law Commission; create ......................................................................... SR 161 Local juvenile diversion programs; programs approved by court; fine surcharge.........................................................................................................HB 77 Local juvenile diversion programs; programs approved by court; fine surcharges .......................................................................................................HB 79 Oversight Committee for Planning to Provide Home and Community Based Services; create .........................................................................................HR 633 Parental rights; petitions to terminate; change provisions......................................HB 195 Paternity; legitimation proceedings .......................................................................... SB 53 Pretrial proceedings; certain indicted minors; jurisdiction of superior courts...................................................................................................... SB 135 Superior court clerk; serve in state, magistrate, and juvenile court of county .....................................................................................................HB 475

K
KENNESAW, CITY OF Corporate limits ......................................................................................................HB 321 Corporate limits ......................................................................................................HB 840

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4645

L
LABOR AND INDUSTRIAL RELATIONS Employment security; amend certain provisions; Department of Labor; supplemental appropriation .................................................................HB 520 Employment; discharge because of absenteeism; amend provisions .......................HB 94 Industrial Hygiene, Health Physics, and Safety Profession Recognition and Title Protection Act; enact ............................................................................HB 353 Labor and industrial relations; minimum wage; training wage................................ SB 92 Labor relations; employee leave for certain judicial proceedings............................HB 52 Minimum wage mandates by local governments; change certain provisions...............................................................................................................HB 59 Nurse Involuntary Overtime Act; provisions .........................................................HB 919 Oversight Committee for Planning to Provide Home and Community Based Services; create .........................................................................................HR 633 Public Employees Labor Relations Commission; create........................................HB 606 State property and space management; comprehensive revision of provisions ........................................................................................................ SB 158 Subsequent Injury Trust Fund; reimbursement; dissolution ..................................HB 200 Unemployment due to military reassignment of spouse; allow benefits.................................................................................................................HB 404 Vending facilities on state property; blind vendors; revise and add definitions......................................................................................................HB 337 Voluntary Contributions Act; enact........................................................................HB 153 Workers' compensation; certain premium discounts; electronic submission and transmission of documents; injuries; compensations.................HB 327 Worker's compensation; on call but off duty employee; injury not compensable ..................................................................................................HB 694
LAKES (See Rivers, Lakes, and Harbor Development)
LAMAR COUNTY; sheriff's salary; provisions .....................................................HB 709
LAND (See Property)
LANDLORD AND TENANT Military members on ordered duty; extend certain licenses; jury duty exemption; termination of certain contracts......................................... SB 258
LAW ENFORCEMENT OFFICERS AND AGENCIES County police; inspection of roads and bridges; repeal..........................................HB 557 Criminal background checks; authorize certain exchange of information; elderly and child care.......................................................................... SB 6

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4646

INDEX

Criminal history background checks; authorize national exchange .........................HB 50 Electronic Control Device ad hoc committee; urge continuation ..........................HR 341 Employees' Retirement; certain law enforcement officers; amend
provisions.............................................................................................................HB 132 Employees' Retirement; law enforcement personnel; benefits...............................HB 567 Georgia Bureau of Investigation; director's title; mobile cocaine
education van ....................................................................................................... SB 146 Georgia Bureau of Investigation; inspect death of any person
confined in penal institution ................................................................................HB 326 Gun sales and gun dealers; regulations; comprehensive revision
of provisions ........................................................................................................ SB 175 In-home services and residential delivery subcontractors; background
checks...................................................................................................................HB 620 Law enforcement and correctional agencies; urge suspending use of
electroshock devices ................................................................................................HR 6 Law enforcement officer or firefighter; temporary disability;
filing claim...........................................................................................................HB 240 Law enforcement officers and agencies; electroshock devices;
prohibit use ............................................................................................................HB 29 Law enforcement officers stopping motorists; prohibit race
considerations ........................................................................................................HB 30 Missing disabled adults; alert system; urge coordination by
certain entities ......................................................................................................HR 414 Obstructing placement of emergency phone calls; redefine offense......................HB 187 Pardons and Paroles, Board of; allow certain employees assist
law enforcement...................................................................................................HB 289 Peace Officers' Annuity and Benefit Fund; amend provisions...............................HB 348 Peace Officers' Annuity and Benefit Fund; certain creditable service ...................HB 101 Peace Officers' Annuity and Benefit Fund; prior service credit.............................HB 666 Peace Officers' Annuity and Benefit Fund; retirement credit;
funding CA .........................................................................................................HR 30 Peace Officers' Annuity Benefit Fund; credit for service prior
to 1/1/76 CA......................................................................................................HR 385 Probation services provided by local governments; standards
for officers............................................................................................................HB 884 Public Safety Training Center facilities; allow retired officers use .......................HB 653 Radar; operation by certain full-time peace officers only ......................................HB 324 Sheriffs; engaging in certain businesses; violation of oath ....................................HB 323 Sheriffs; nonpartisan elections................................................................................HB 241 Sheriffs; suspension; maximum time and extension ..............................................HB 349 Sheriffs; vacancies in office; amend provisions .....................................................HB 521 Special license plates; amend provisions; authorize new plates;
Bill Elliott Day in Georgia; designate ................................................................. SB 168

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4647

Special license plates; police officers wounded in line of duty..............................HB 154 Special plates; Project Lifesaver program; promoting ...........................................HB 792 Speed detection devices; certain prohibited uses; amend provisions.....................HB 917 State budgeting; comprehensive revision of provisions; legislative
budget offices....................................................................................................... SB 254 State crime laboratory; private contract laboratories; reports ................................HB 347 United States Border Patrol; express gratitude and support...................................HR 252
LEE COUNTY Board of commissioners; qualifications of members .............................................HB 628 Utilities authority; change composition..................................................................HB 512
LEGAL ADVERTISING Prepaid legal services plans; amend provisions .....................................................HB 375
LIABILITY AND LIABILITY INSURANCE Civil practice and torts; health care liability claims; noneconomic damages ...............................................................................................................HB 235 Civil practice, evidence, insurance, professions and businesses, and torts; comprehensive revision of provisions relating to health care ........................ SB 3 Common-sense Consumption Act; amend provisions ...........................................HB 196 Construction defect claim; fulfillment or settlement; provisions ...........................HB 307 Georgia Hospital Insurance Authority Act; enact ....................................................HB 72 Georgia Hospital Insurance Authority; enact ...........................................................HB 70 Hospitals providing emergency room services; group liability insurance ..............................................................................................................HB 827 Hospitals; liability for acts of health care providers; requirements........................HB 237 Insurers; loss reserves; liability insurance and workers' compensation ................. SB 225 "Karon's Law"; enact ..............................................................................................HB 430 Life insurance; Life Settlements Act; transfer death benefit to life settlement contract ............................................................................................... SB 217 Master Teacher Program and Academic Coach Program; create............................. SB 34 Medical malpractice; amend Official Code of Georgia Annotated Titles 9, 24, 31, and 51 ..........................................................................................HB 56 Motor vehicle liability insurance; mile based premiums........................................HB 843 Nuisances; companion animal establishment; immunity from civil or criminal action under certain conditions ................................................. SB 111 Torts; emergency medical care; liability claims; amend provisions ......................HB 233 Torts; joint tort-feasors; award and apportionment of damages.............................HB 231 Torts; limit medical damages; liability of facilities; provisions.............................HB 339 Torts; liquefied petroleum gas providers; limit liability and damages................... SB 139 Torts; medical malpractice insurance rates; certain financial limits; provisions.............................................................................................................HB 274

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4648

INDEX

Torts; medical negligence; limit noneconomic damages .......................................HB 329 Torts; nonprofit organizations or individuals financially sponsoring
charitable fundraising events; immunity from civil liability .............................. SB 238 Torts; prescriptions filled outside the U.S.; limited liability; provisions ...............HB 887 Torts; property damage from certain trees; liability...............................................HB 812 Torts; recovery of damages; contingency fee.........................................................HB 763 Wireless telephone service; directory information; certain consent
of subscribers ......................................................................................................... SB 46
LIBERTY COUNTY Board of education; chairperson and members; per diem ......................................HB 461
LIBRARIES State Law Library; repeal provisions; delete references in Code; distribution of Georgia Laws and House and Senate Journals ............................ SB 216
LICENSE PLATES AND REGISTRATION All-terrain vehicles; registration, titling, and operation; provisions.......................HB 518 Department of Driver Services; create as successor to Department of Motor Vehicle Safety ......................................................................................HB 501 Emergency vehicles; restrict use of blue lights ...................................................... SB 178 Free license plates; certain disabled veterans; Department of Veterans Services; duties .....................................................................................HB 439 Georgia War Veterans Nursing Home Trust Fund; special license plates; create ........................................................................................................HB 405 License plates; Medal of Honor winners; surviving spouse...................................HB 139 License plates; physicians identification ................................................................HB 691 Motor vehicle insurance coverage termination; ten-day lapse period before fees are applied.............................................................................. SB 234 Motor vehicle license plates; prohibit covering with certain material; penalties .................................................................................................. SB 93 Motor vehicles; driver training and licensing; amend provisions; ignition interlock device providers ......................................................................HB 367 Motor vehicles; certificates of title; application requirements ...............................HB 364 Motor vehicles; license plates issued in 1970 or before; authentic historical plate...................................................................................................... SB 117 Motor vehicles; new and used dealers; temporary license plates and sales sites; amend provisions ........................................................................HB 455 Motor vehicles; private military vehicle registration; rules and regulations.............................................................................................................. SB 27 Motor vehicles; registration and licensing; government owned vehicles; remove certain requirement ..................................................................HB 478 Motor vehicles; state vehicles; license plates; requirements ..................................HB 363

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4649

Motor vehicles; tags; fees and classes; change definitions ....................................HB 119 Motorcycles; Purple Heart license plates ...............................................................HB 135 School Health and Physical Education Support Fund; special
license plates ........................................................................................................HB 647 School health and physical education support program; special
license plates CA ..............................................................................................HR 365 Special license plates; administrative issuance procedures; refine ........................HB 727 Special license plates; Alzheimer's Association, Georgia Chapter ........................HB 549 Special license plates; amend provisions; authorize new plates;
Bill Elliott Day in Georgia; designate ................................................................. SB 168 Special license plates; Atlanta Braves professional sports team
501(c)3 foundation............................................................................................... SB 142 Special license plates; Atlanta Falcons professional sports team
501(c)3 foundation............................................................................................... SB 239 Special license plates; Benevolent and Protective Order of Elks...........................HB 342 Special license plates; certain disabled veterans; two free plates...........................HB 796 Special license plates; certain pediatric cancer programs ......................................HB 921 Special license plates; Children's Healthcare of Atlanta ........................................HB 308 Special license plates; Choose Life, Inc. .................................................................. SB 69 Special license plates; disabled persons; special decal; revise
provisions.............................................................................................................HB 714 Special license plates; emergency medical services personnel ..............................HB 402 Special license plates; family member serving in military..................................... SB 255 Special license plates; Georgia Automobile Racing Hall of
Fame Association.................................................................................................HB 504 Special license plates; Georgia Center for the Book ..............................................HB 205 Special license plates; Georgia Center for the Book .............................................. SB 126 Special license plates; identifying persons with diabetes.......................................HB 710 Special license plates; police officers wounded in line of duty..............................HB 154 Special license plates; promote special historic preservation.................................HB 621 Special license plates; promoting the arts in Georgia ............................................HB 506 Special license plates; Purple Heart; certain inscription ........................................HB 395 Special license plates; Stroke Awareness...............................................................HB 750 Special license plates; Support Georgia Troops ..................................................... SB 257 Special plates; Project Lifesaver program; promoting ...........................................HB 792 Tourism; urge state to promote with website on license plates..............................HR 430
LICENSES (Also, see Named License) Alcoholic beverages; municipal or county licenses; increase fee ..........................HB 720 Animals; amend provisions relating to bird dealers or pet dealers ........................HB 108 Chiropractors; board of examiners; additional authority........................................HB 147 Chiropractors; board of examiners; additional authority........................................HB 266 Chiropractors; revoke license or discipline licensee; additional grounds ..............HB 377

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4650

INDEX

Commercial drivers' licenses; hazardous materials endorsement; security threat assessment....................................................................................HB 764
Cosmetologists; redefine; include hair braiders and hair designers; certification provisions ........................................................................................ SB 145
Driver's license centers; priority of service; requirements .....................................HB 225 Drivers' licenses; anatomical gifts; wording of notation affixed
to license ..............................................................................................................HB 471 Drivers' licenses; bioptic drivers; change renewal period ......................................HB 613 Drivers' licenses; certain records; furnish to Georgia Bureau
of Investigation ....................................................................................................HB 513 Drivers' licenses; Class C; change definition for vehicles that
can be towed ........................................................................................................ SB 273 Drivers' licenses; Class D permit holders; limitations............................................HB 256 Drivers' licenses; information available to insurers; extend pilot program............HB 151 Drivers' licenses; minors; revocation of permits and licenses; procedure..............HB 258 Drivers' licenses; provide for destruction of certain fingerprint
records; prohibit requirement ..............................................................................HB 577 Drivers' licenses; social security number; prohibit use ..........................................HB 161 Game and fish; resident and nonresident; one-day and three-day
license fees ...........................................................................................................HB 662 Georgia Driver's Education Commission; create; Joshua's Law ............................HB 584 Hunting and fishing; honorary licenses for disabled persons;
certification ..........................................................................................................HB 441 Hunting and fishing; lifetime licenses for certain veterans ....................................HB 668 Hunting; state land management; hunting deer with dogs; permits ....................... SB 206 License to practice medicine for certain graduates; prosthetic
services; assistant and technician supervision; amend provisions.......................HB 608 Life insurance; Life Settlements Act; transfer death benefit
to life settlement contract..................................................................................... SB 217 Massage Therapy Practice Act; enact; licensure and regulation
of therapists.......................................................................................................... SB 110 Military members on ordered duty; extend certain licenses;
jury duty exemption; termination of certain contracts......................................... SB 258 Mortgage loan officers; definitions and provisions................................................HB 498 Motor vehicles; driver training and licensing; amend provisions;
ignition interlock device providers ......................................................................HB 367 Motor vehicles; use of mobile phone; prohibit certain drivers...............................HB 322 Nonprofit youth development organizations; licensing; exemptions.....................HB 451 Physical therapists; licenses; eliminate certain requirement ..................................HB 801 Prescription drugs; selling or delivering by mail; delete certain
provisions............................................................................................................. SB 199 Private detective and security businesses; license renewal;
continuing education..............................................................................................HB 17

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4651

Real Estate Appraisers; change definitions; continuing education courses; provisions................................................................................................. SB 68
Residential and general contractors; licensure and regulation ............................... SB 124 State ordered executions; protect physicians and medical
professionals licensure...........................................................................................HB 57 Tanning facilities; definitions and provisions ........................................................HB 702 Wild animals; licenses and permits; amend lists ....................................................HB 107
LIENS (See Mortgages and Liens)
LINCOLN COUNTY Board of Commissioners of Roads and Revenue ...................................................HB 619 Board of elections and registration.........................................................................HB 618
"LIVING WILL WEEK" IN GEORGIA Recognize first week of April yearly......................................................................HR 856 Recognize first week of April yearly...................................................................... SR 537
LOANS Georgia Predatory Lending Prevention Act; enact.................................................HB 808 Low-interest mortgage loans for certain government employees; provide CA........................................................................................................HR 903
LOBBYING AND LOBBYISTS Ethics in government; amend provisions....................................................................HB 7 Ethics in government; amend provisions..................................................................HB 47 Ethics in government; comprehensive revision of provisions..................................HB 48 State employees; lobbying for anyone other than employer; prohibit.................................................................................................................HB 681
LOCAL GOVERNMENT (Also, see Counties and Municipalities) Ad valorem taxation; homeowner tax relief grants; tax executions; amend certain provisions .....................................................................................HB 116 Agriculture; fertilizer; preempt certain local ordinances; exemptions ..................... SB 88 Agriculture; seed laws; preempt certain local ordinances; exemptions ................... SB 87 Business and occupation tax; certain regulatory fees by local governments.........................................................................................................HB 304 Cable service providers; certificates of authority; Public Service Commission issue and regulate .............................................................................HB 90 Charter schools; funding; revise and clarify certain provisions .............................HB 100 Community Development Block Grant Program; urge support.............................HR 386 Consolidated government; voting provisions; effects of abstention and ties .................................................................................................................HB 659

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INDEX

Council on Affordable Housing; create....................................................................HB 39 County and municipal insurance taxes; certain early distribution;
provisions.............................................................................................................HB 189 Counties and municipalities; expand purposes for using federal funds .................HB 186 Counties and municipalities; public water and sewage systems;
prohibitions; exceptions.......................................................................................HB 510 County officers; nonpartisan elections .....................................................................HB 63 County officers; nonpartisan elections; General Assembly provide
by local law............................................................................................................HB 62 County offices of sheriff-elect; create and provide indemnification......................HB 934 County offices; nonpartisan elections; General Assembly provide
by local law..........................................................................................................HB 305 County police; inspection of roads and bridges; repeal..........................................HB 557 Development Impact Fee Act; amend provisions ..................................................HB 637 Enhanced redevelopment powers; definitions and provisions ...............................HB 152 Ethics in government; amend provisions....................................................................HB 7 Ethics in government; amend provisions..................................................................HB 47 Ethics in government; comprehensive revision of provisions..................................HB 48 Georgia Land Conservation Council; create ............................................................HB 98 Georgia Procurement Registry; certain bid advertisements;
local governments ................................................................................................HB 833 Georgia Smokefree Air Act of 2005; enact ............................................................HB 426 Governmental agencies; prohibit employment of persons illegally
in country .............................................................................................................HB 177 Gun sales and gun dealers; regulations; comprehensive revision
of provisions ........................................................................................................ SB 175 Health insurance plan; state or political subdivisions; definition...........................HB 371 Home inspectors; definitions, documentation, and requirements;
new provisions .....................................................................................................HB 903 Home rule; fixing hours of sale of alcoholic beverages; provisions ......................HB 717 Hotel-motel tax; local governments; amend provisions.........................................HB 765 Impact fees; single family construction; provide maximum ..................................HB 547 Interlocal Cooperation Act; enact...........................................................................HB 570 Local boards of education; adopt code of ethics ......................................................HB 14 Local boards of education; adopt code of ethics; criminal records
check ....................................................................................................................HB 215 Local boards of education; establish start date of school year ...............................HB 285 Local boards of education; reimburse expenses of certain
elections - CA ......................................................................................................HR 160 Local boards of education; training members; amend certain
provisions.............................................................................................................HB 250 Local development authorities; authorize per diem ...............................................HB 469

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4653

Local government contracts; optional bidding preference; local businesses.............................................................................................................HB 220
Local government permits for certain Sunday events; repeal provisions............... SB 287 Local government zoning decisions; effects on local school
systems...................................................................................................................HB 42 Minimum wage mandates by local governments; change certain
provisions...............................................................................................................HB 59 Missing disabled adults; alert system; urge coordination by
certain entities ......................................................................................................HR 414 Municipal corporations; creation; revise provisions ................................................HB 36 Municipal corporations; ordinance violations; maximum sentences .....................HB 730 Municipalities; courts; home rule powers; maximum fines ...................................HB 719 911 telephone charges; billing, collection, and use; provisions .............................HB 148 Nonemergency "311" phone system; establish and operate in
conjunction with "911" emergency system ......................................................... SB 113 Nonpartisan elections; county offices; General Assembly provisions ...................HB 892 Open records and open meetings; local and state governments;
exceptions - CA ...................................................................................................HR 411 Property tax for education; replace with sales tax - CA ...........................................HR 58 Regional development centers; fee for reviewing certain actions
by local governments ...........................................................................................HB 604 Sales tax on food and beverage; fund relief from ad valorem
tax - CA..................................................................................................................HR 93 Sales tax situs; state resident; county of residence ...................................................HB 76 Sewerage service suppliers; include storm-water runoff; prohibit
certain liens ..........................................................................................................HB 640 Smokefree Air Act of 2005; enact............................................................................ SB 90 State and local governments; revenue bonds; interest rate management
plan; derivative transactions ................................................................................ SB 227 State Law Library; repeal provisions; delete references in Code;
distribution of Georgia Laws and House and Senate Journals ............................ SB 216 Transportation, Department of; design-build contracts; revise
criteria ..................................................................................................................HB 530 Transportation, Department of; design-build contracts; revise
criteria .................................................................................................................. SB 231 Unmarried persons; certain benefits; neutrality of state and local laws...................HB 67
LOCAL OPTION SALES TAX Local option sales tax; capital outlay; eligible expenditures..................................HB 825 Local option sales tax; health care within special districts; provisions..................HB 688 Special county 1 percent sales tax; amend provisions............................................HB 493

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INDEX

LOCUST GROVE, CITY OF Elected officials; membership on boards................................................................HB 696
LOITERING Loitering on school premises; failure to leave when requested; penalty..................................................................................................................HB 465
LOTTERY FOR EDUCATION Emergency management; "Mattie's Call Act"; create ............................................HB 794 Higher Education Assistance Corporation; Student Finance Authority; Medical Center Authority; amend certain provisions..........................................HB 298 HOPE scholarships; definitions; quarter or semester hour limitation ....................HB 299 Lottery for education; method of payment for tickets............................................HB 346
LOWNDES COUNTY Echols County; Lake Park area of Lowndes County; recognize as Carrot Capital of South....................................................................................HR 565 Southern Judicial Circuits; judges; supplement compensation ..............................HB 610 Valdosta-Lowndes County; airport authority; membership ...................................HB 774 Valdosta-Lowndes County; conference center and tourism authority; membership..........................................................................................................HB 769
LUMPKIN COUNTY Clerk of superior court; probate judge; compensation ...........................................HB 411 Dahlonega/Lumpkin County; establish as Georgia's Premier Sports Cycling Community .................................................................................HR 563 Homestead exemption; certain residents ..................................................................HB 88 Magistrate court; charge technology fee ................................................................HB 414 Probate court; charge technology fee .....................................................................HB 413 Sealed bids; amend provisions ...............................................................................HB 409 Sheriff; compensation.............................................................................................HB 412 Tax commissioner; compensation ..........................................................................HB 410

M
MACK MATTINGLY HIGHWAY; designate ..................................................... SR 305
MAGISTRATE COURTS Magistrate court; certain cases; right of removal for jury trial...............................HB 677 Superior court clerk; serve in state, magistrate, and juvenile court of county .....................................................................................................HB 475

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4655

MARIETTA, CITY OF Cobb County-Marietta Water Authority; immunity; amend provisions.............................................................................................................HB 522 Cobb County-Marietta Water Authority; membership, vacancy, quorum; amend provisions .................................................................................. SB 138
MARION COUNTY Board of commissioners; chairperson; compensation ............................................HB 579 Board of commissioners; correct date ....................................................................HB 624 Board of education; compensation .........................................................................HB 502 Board of elections and registration; compensation ................................................HB 623
MARRIAGE (Also, see Domestic Relations) Divorce; distribution of marital property; amend provisions ...................................HB 44 Marriage license applications; premarital education; provisions ...........................HB 378
MARTA (METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY) Community Streetcar Development and Revitalization Act; enact........................ SB 150 MARTA; code of ethics and conflict of interest violations; penalties ..................... SB 99 MARTA; reserve fund interest income used to pay operating costs; extend sunset provision ............................................................................. SB 115 MARTA; use of sales tax proceeds; extend sunset provisions............................... SB 114 Motor vehicles; yield right of way to certain public transit buses .........................HB 778 Public transit systems; sales and solicitations within facilities; prohibit................................................................................................................. SB 129
MARTHA K. GLAZE REGIONAL YOUTH DETENTION CENTER; designate ................................................................................................HR 48
MARTIN, TOWN OF Mayor and city counsel; terms................................................................................HB 802 Mayor and city council; terms ................................................................................HB 829
MASS TRANSPORTATION Community Streetcar Development and Revitalization Act; enact........................ SB 150 Georgia Regional Transportation Authority; amend provisions ............................HB 281 MARTA; code of ethics and conflict of interest violations; penalties ..................... SB 99 MARTA; reserve fund interest income used to pay operating costs; extend sunset provision ............................................................................. SB 115 MARTA; use of sales tax proceeds; extend sunset provisions............................... SB 114 Motor fuel tax; additional exemption; limited time period; provisions .................HB 384 Motor vehicles; yield right of way to certain public transit buses .........................HB 778

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4656

INDEX

Public transit systems; sales and solicitations within facilities; prohibit ............... SB 129 Public transportation; governmental function; create corporation
or authority CA .................................................................................................HR 168 Rail Passenger Authority; commuter rail project; requirements
for expenditures ...................................................................................................HB 523
MASSAGE Massage Therapy Practice Act; enact; licensure and regulation of therapists.......................................................................................................... SB 110
MCINTOSH COUNTY Board of commissioners; staggered elections ........................................................HB 449 Chief magistrate; nonpartisan elections..................................................................HB 380 Homestead exemption; base year assessed value ...................................................HB 382 Homestead exemption; base year assessment ........................................................HB 450
MEDICAL ASSISTANCE AND MEDICAID Georgia Long-Term Care Partnership Program Act; enact ....................................HB 133 Health care management organizations; quality assessment fee; Indigent Care Trust Fund..............................................................................HB 392 Long-Term Care Partnership Program; establish ...................................................HB 643 Long-term or self-directed care initiative; urge Medicare and Medicaid approve waiver requests ......................................................................HR 217 Medicaid or state funded health care programs; immunosuppressives; required coverage.................................................................................................HB 602 Physicians; state health insurance plans; require Medicaid participation ................HB 73 State funded health care; applicants submit employment data; provisions.............................................................................................................HB 548
MEDICAL CONSENT Medical malpractice; amend Official Code of Georgia Annotated Titles 9, 24, 31, and 51 ..........................................................................................HB 56 Women's Informed Consent Protection Act; enact ................................................HB 156
MENTAL HEALTH Assisted living facilities; Levels I and II; provisions .............................................HB 206 Chiropractors; revoke license or discipline licensee; additional grounds.................................................................................................................HB 377 Community Service Board Overview Commission; create......................................HB 35 Community service boards; provide services to certain persons............................HB 782 Gun sales and gun dealers; regulations; comprehensive revision of provisions ........................................................................................................ SB 175 National alert system; missing adults; urge Congress enact ..................................HR 513

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INDEX

4657

National Eating Disorders Awareness Week; recognize February 19-28, 2005 ..........................................................................................................HR 253
State agencies; reports to General Assembly; notification of availability ............................................................................................................. SB 49
State employees' health insurance plan; coverage; certain community service board retirees and dependents ................................................................. SB 268
MENTALLY RETARDED Assisted living facilities; Levels I and II; provisions .............................................HB 206 Community Service Board Overview Commission; create......................................HB 35 Long-term or self-directed care initiative; urge Medicare and Medicaid approve waiver requests ......................................................................HR 217
MERIT SYSTEM (Also, see State Employees or State Government) Fraud, waste, abuse in state operations; whistleblower; prohibit retaliation .................................................................................................................HB 8 Legislative branch employees; certain optional coverage under merit system; repeal provisions ........................................................................... SB 286
MERIWETHER COUNTY; convey property .......................................................HR 166
MILITARY AFFAIRS Budget proposals damaging to certain veterans; urge Congress oppose ..................................................................................................................HR 415 Crimes; impersonating veteran or active duty member; define offense....................................................................................................................HB 80 Firefighters' Pension; certain active military duty; creditable service ..................................................................................................................HB 749 Georgia's military installations; urge President and Congress consider importance.............................................................................................HR 216 HERO (Helping Educate Reservists and their Offspring) Scholarship; establish ................................................................................................................. SB 43 Income tax; military income exclusion; amend......................................................HB 167 Income tax; military income exclusion; amend provisions....................................HB 538 Judicial Retirement; certain military service; creditable service............................HB 871 License plates; Medal of Honor winners; surviving spouse...................................HB 139 Military members on ordered duty; extend certain licenses; jury duty exemption; termination of certain contracts ................................................ SB 258 Motor vehicles; private military vehicle registration; rules and regulations.............................................................................................................. SB 27 National Guard; certain active duty members; life insurance ................................HB 164 National Guard or reserves; economic relief; create commission on HEROES.........................................................................................................HB 165

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4658

INDEX

National Guard or reserves; financial assistance to certain resident families CA .........................................................................................................HR 65
Retirement; prior military service credit ................................................................HB 253 Special license plates; amend provisions; authorize new plates;
Bill Elliott Day in Georgia; designate ................................................................. SB 168 Special license plates; family member serving in military..................................... SB 255 Special license plates; Support Georgia Troops ..................................................... SB 257 State agencies; reports to General Assembly; notification of
availability ............................................................................................................. SB 49 Unemployment due to military reassignment of spouse; allow benefits................HB 404
MILK AND MILK PRODUCTS Ungraded milk, raw whole milk, and condensed or evaporated milk; definitions, standards, and requirements ....................................................HB 576
MILLER-COVERDELL LEGISLATIVE OFFICE BUILDING; naming................................................................................................HR 70
MINERAL RESOURCES AND CAVES Sales tax exemption; granite; quarrying and manufacturing materials...............................................................................................................HB 202
MINORS Aggravated child molestation; prosecution; amend time limitation.......................HB 169 Aggravated sodomy; change age limitation; provide for imposition of death penalty......................................................................................................HB 13 Alcoholic beverages; furnishing to underage persons; redefine offense..................................................................................................................HB 563 Alcoholic beverages; prohibit consumption; persons under 21; penalties ...............................................................................................................HB 565 Alcoholic beverages; prohibit purchasing; persons under 21; penalties ...............................................................................................................HB 564 Bill of Rights for Children in Foster Care; urge discussion by Department of Human Resources and child advocates .......................................HR 300 Child custody; certain actions; prohibitions ............................................................. SB 94 Child support; debt to state for unreimbursed public assistance payments; negotiation, waiver, or reduction.......................................................... SB 52 Child support; failure to comply; imprisonment ....................................................HB 800 Child support; guidelines; basic obligation amounts; Child Support Commission; create................................................................................HB 221 Children and youth services; child protective services workers; amend provisions .................................................................................................HB 605

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INDEX

4659

Children's Vision Improvement and Learning Readiness Act of 2005; enact.........................................................................................................HB 34
Community Living Services Joint Study Committee; create .................................HR 492 Community service boards; provide services to certain persons............................HB 782 Criminal background checks; authorize certain exchange of
information; elderly and child care ......................................................................... SB 6 Criminal history background checks; authorize national exchange .........................HB 50 Divorce; certain education classes required; change certain
time limits .............................................................................................................. SB 25 Driver's education and minors; traffic fines; Georgia Driver's
Education Commission; Joshua's Law ................................................................ SB 226 Drivers' licenses; minors; revocation of permits and licenses;
procedure .............................................................................................................HB 258 Drivers' licenses; youthful driver tracking service; create .....................................HB 918 Education; interscholastic athletics; physical examination form;
Ryan Boslet Bill................................................................................................... SB 272 Education; program weights; expenditure controls; charter schools;
student achievement; exception to certain driver's license requirement................ SB 35 Educational and living expense grants; foster and adopted
children; eligibility...............................................................................................HB 272 Family planning services; medical referral; requirements .....................................HB 566 Female genital mutilation; define offense; penalties; exceptions.............................HB 10 Feticide; redefine manslaughter, assault, battery; define
unborn child .........................................................................................................HB 243 Fireworks; redefine; exclude model rockets, paper caps, sparklers;
conditions of sale ................................................................................................. SB 133 House Study Committee on Children: Newborns to Age Five;
create ....................................................................................................................HR 518 House Study Committee on Nutrition and Obesity of Children;
create ....................................................................................................................HR 369 Human Resources; criminal history information; provisions.................................HB 180 Juries; exemption; caregivers of certain children ...................................................HB 376 Juvenile court supervision fees; use for truancy intervention services .................... SB 97 Juvenile court; guardian ad litem; training for deprivation cases;
exempt certain attorneys ......................................................................................HB 212 Juvenile court; jurisdiction; transferring cases from Superior Court .....................HB 325 Juvenile court; superior court transferring certain cases; amend
provisions.............................................................................................................HB 181 Juvenile courts; salary supplements; amend provisions.........................................HB 334 Juvenile Law Commission; create .......................................................................... SR 161 Juvenile proceedings; court supervision fees; amend certain provisions...............HB 335 Juvenile proceedings; delinquent or unruly child; bail........................................... SB 136

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4660

INDEX

Juvenile proceedings; disposition of delinquent child; youth development centers; certain alternative programs ............................................. SB 134
Juvenile proceedings; disposition of deprived child; reunification efforts; child placement .......................................................................................HB 333
Juvenile proceedings; emancipation of minors by petition ....................................HB 847 Labor and industrial relations; minimum wage; training wage................................ SB 92 Motor vehicles; driver training and licensing; amend provisions;
ignition interlock device providers ......................................................................HB 367 Paternity; legitimation proceedings .......................................................................... SB 53 Pretrial proceedings; certain indicted minors; jurisdiction of
superior courts...................................................................................................... SB 135 Quality basic education; Georgia Virtual School; authorization
to establish ............................................................................................................. SB 33 Sales tax exemptions; charitable sales to child care service
providers; fuel sales for crop irrigation ...............................................................HB 487 Sales tax; exemptions for sales by child services agencies; clarify........................HB 541 Sexual offender registry; sexually violent offense; redefine..................................HB 140 Sexual offenses; raise the age of consent to 18 years of age..................................HB 722 Smoking on school bus or other public or private school vehicle
transporting children; define offense ................................................................... SB 196 Special license plates; certain pediatric cancer programs ......................................HB 921 Special license plates; Children's Healthcare of Atlanta ........................................HB 308 Student violence against teacher; remain in class at discretion
of teacher..............................................................................................................HB 421 Tanning facilities; definitions and provisions ........................................................HB 702 "Time for Schools Act"; enact................................................................................HB 230 Video games; retailers post ratings system information; penalties
for violation.......................................................................................................... SB 106
MOBILE HOMES Ad valorem tax; mobile homes; amend certain provisions ....................................HB 739 Ad valorem tax; motor vehicles and mobile homes; registration; provisions.............................................................................................................HB 255 Certificate of permanent location; manufactured homes; delete references to mobile homes ................................................................................. SB 253
MONROE COUNTY Board of commissioners; duties of clerk ................................................................HB 805
MONTGOMERY COUNTY Montgomery County-City of Vidalia; sales tax for education; distribution of proceeds ....................................................................................... SB 321

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4661

Montgomery County; Vidalia, City of; school districts; sales tax proceeds .........................................................................................................HB 699
MORTGAGES AND LIENS Financial institutions; supplement definitions; amend provisions ........................... SB 82 Foreclosure; right of redemption ............................................................................HB 741 Intangible tax; property in more than one county; prorated payment ....................HB 265 Mortgage brokers; urge Governor and Department of Banking and Finance oversee.............................................................................................HR 822 Mortgage loan officers; definitions and provisions................................................HB 498 Residential Mortgage Fraud Act; enact; include in racketeering activity definition................................................................................................. SB 100 Veterinarians; boarders of animals; liens for treatment..........................................HB 201
MOTOR CARRIERS Commercial Transportation Advisory Committee; create .....................................HB 458 Motor carriers; require representatives complete educational seminar.................................................................................................................HB 726
MOTORCYCLES Certain traffic regulations; provisions ....................................................................HB 141 Motor vehicle accidents; injuries to motorcyclists; certain serious bodily injuries to persons; penalties ..........................................................HB 82 Protective headgear; exempt certain persons..........................................................HB 369 Protective headgear; exempt certain persons..........................................................HB 875 Purple Heart license plates......................................................................................HB 135
MOTOR FUEL AND ROAD TAX Aviation fuel sales; urge Department of Transportation use funds for regional airport facilities ......................................................................HR 537 Joint county and municipal sales tax on motor fuel; authorize; referendum ...........................................................................................................HB 797 Motor fuel tax; additional exemption; limited time period; provisions .................HB 384 Motor fuel tax; change certain definitions..............................................................HB 114 State and Local Tax Revision Act of 2005; enact ..................................................HB 488 State Public Transportation Fund; limits on collections and expenditures ..................................................................................................HB 361
MOTOR VEHICLE ACCIDENT INSURANCE Insurance; private passenger motor vehicles; certain state-wide rates and regulations ............................................................................................HB 427 Motor vehicle insurance coverage termination; ten-day lapse period before fees are applied.............................................................................. SB 234

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4662

INDEX

Motor vehicle liability insurance; mile based premiums........................................HB 843
MOTOR VEHICLE SAFETY, DEPARTMENT OF Department of Driver Services; create as successor to Department of Motor Vehicle Safety...........................................................................................HB 501
MOTOR VEHICLES AND TRAFFIC Ad valorem tax; motor vehicles and mobile homes; registration provisions.............................................................................................................HB 255 Alcoholic beverages; prohibit consumption; persons under 21; penalties .............HB 565 Alcoholic beverages; prohibit purchasing; persons under 21; penalties ................HB 564 All-terrain vehicles; additional definitions; provisions ..........................................HB 654 All-terrain vehicles; certain registration, titling, and operation; provisions.............................................................................................................HB 518 Bill Elliott Day in Georgia; designate October 8 annually.....................................HR 570 Capitol Avenue lane usage; urge Department of Transportation, City of Atlanta, and Capitol Police conduct study ..............................................HR 820 Commercial drivers' licenses; hazardous materials endorsement; security threat assessment....................................................................................HB 764 Commercial drivers' licenses; redefine commercial motor vehicle and recreational vehicle ......................................................................................... SB 28 Commercial Transportation Advisory Committee; create .....................................HB 458 Controlled substances; motor vehicles; prohibit false compartments ....................HB 278 Department of Driver Services; create as successor to Department of Motor Vehicle Safety...........................................................................................HB 501 Motor vehicles; driver training and licensing; amend provisions; ignition interlock device providers ......................................................................HB 367 Driver training schools; operated on private property; provide exception.............HB 569 Driver's education and minors; traffic fines; Georgia Driver's Education Commission; Joshua's Law ................................................................ SB 226 Driver's license centers; priority of service; requirements .....................................HB 225 Drivers' licenses; anatomical gifts; wording of notation affixed to license ..............................................................................................................HB 471 Drivers' licenses; bioptic drivers; change renewal period ......................................HB 613 Drivers' licenses; certain records; furnish to Georgia Bureau of Investigation.........................................................................................................HB 513 Drivers' licenses; Class C; change definition for vehicles that can be towed ........................................................................................................ SB 273 Drivers' licenses; Class D permit holders; limitations............................................HB 256 Drivers' licenses; driver improvement clinics; provisions......................................HB 542 Drivers' licenses; driver training schools; on-road test requirement ......................HB 277 Drivers' licenses; information available to insurers; extend pilot program................................................................................................................HB 151

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INDEX

4663

Drivers' licenses; minors; revocation of permits and licenses; procedure..............HB 258 Drivers' licenses; provide for destruction of certain fingerprint
records; prohibit requirement ..............................................................................HB 577 Drivers' licenses; social security number; prohibit use ..........................................HB 161 Drivers' licenses; youthful driver tracking service; create .....................................HB 918 Driving under the influence; implied consent warning; read
prior to testing......................................................................................................HB 701 Driving under the influence; persons legally entitled to use
intoxicating substances; delete provisions...........................................................HB 286 Driving under the influence; third violation; change penalties ..............................HB 933 Education; program weights; expenditure controls; charter schools;
student achievement; exception to certain driver's license requirement................ SB 35 Emergency vehicles; restrict use of blue lights ...................................................... SB 178 Excise tax; motor vehicle rentals; change definitions ............................................HB 115 Excise tax; rental motor vehicles; gradual elimination ..........................................HB 136 Fair Businesses Practice Act; spot delivery of motor vehicles; amend..................HB 879 Feticide; redefine manslaughter, assault, battery; define
unborn child .........................................................................................................HB 243 FlexAuto lanes; authorize Department of Transportation to implement................HB 273 Free license plates; certain disabled veterans; Department of
Veterans Services; duties .....................................................................................HB 439 Georgia Driver's Education Commission; create; Joshua's Law ............................HB 584 Georgia War Veterans Nursing Home Trust Fund; special license
plates; create ........................................................................................................HB 405 Highways, bridges, and ferries; amend provisions................................................. SB 160 Highways; vehicles hauling certain products; weight limitation
variance; violations; fines ....................................................................................HB 279 House All-terrain Vehicle (ATV) Safety Study Committee;
create ....................................................................................................................HR 214 Hybrid or alternative fuel vehicles; urge Congress to allow use in
high occupancy vehicle lanes ................................................................................HR 14 Income tax credit; certain purchased or leased hybrid vehicles ...............................HB 21 Insurance; private passenger motor vehicles; certain state-wide
rates and regulations ............................................................................................HB 427 Laser speed detection devices; testing; accuracy requirements .............................HB 732 Law enforcement officers stopping motorists; prohibit race
considerations ........................................................................................................HB 30 License plates; Medal of Honor winners; surviving spouse...................................HB 139 License plates; physicians identification ................................................................HB 691 Local boards of education; driver education courses; provisions ..........................HB 814 Military members on ordered duty; extend certain licenses; jury
duty exemption; termination of certain contracts ................................................ SB 258 Misdemeanor traffic offenses; fines to be paid into state treasury.............................HB 6

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4664

INDEX

Misdemeanor traffic offenses; fines to be paid into state treasury.........................HB 419 Mobile phone usage in motor vehicles; Public Service Commission
regulate - CA........................................................................................................HR 536 Motor carriers; require representatives complete educational seminar..................HB 726 Motorcycles; certain traffic regulations; provisions...............................................HB 141 Motorcycles; protective headgear; exempt certain persons....................................HB 369 Motorcycles; protective headgear; exempt certain persons....................................HB 875 Motorcycles; Purple Heart license plates ...............................................................HB 135 Motor fuel tax; change certain definitions..............................................................HB 114 Motor vehicle accidents; injuries to motorcyclists; certain serious
bodily injuries to persons; penalties ......................................................................HB 82 Motor vehicle insurance coverage termination; ten-day lapse
period before fees are applied.............................................................................. SB 234 Motor vehicle liability insurance; mile based premiums........................................HB 843 Motor vehicle license plates; prohibit covering with certain
material; penalties .................................................................................................. SB 93 Motor vehicles; abandonment; certain definitions and provisions.........................HB 880 Motor vehicles and traffic; habitual violators; amend certain
provisions.............................................................................................................HB 932 Motor vehicles; certificates of title; application requirements ...............................HB 364 Motor vehicles; highway work zones; required signage ........................................HB 160 Motor vehicles; issue permit for certain lights, sirens, and markings
to private vehicles ...............................................................................................HB 552 Motor vehicles; license plates issued in 1970 or before; authentic
historical plate...................................................................................................... SB 117 Motor vehicles; licensing of ignition interlock device providers...........................HB 276 Motor vehicles; new and used dealers; temporary license plates
and sales sites; amend provisions ........................................................................HB 455 Motor vehicles; private military vehicle registration; rules and
regulations.............................................................................................................. SB 27 Motor vehicles; registration and licensing; government owned
vehicles; remove certain requirement ..................................................................HB 478 Motor vehicles; state vehicles; license plates; requirements ..................................HB 363 Motor vehicles; tags; fees and classes; change definitions ....................................HB 119 Motor vehicles; use of mobile phone; prohibit certain drivers...............................HB 322 Motor vehicles; window tint restrictions; provisions ...............................................HB 20 Motor vehicles; yield right of way to certain public transit buses .........................HB 778 NASCAR Hall of Fame; urge to locate in Atlanta .................................................HR 568 Pawn transactions; motor vehicle sales surplus; provisions...................................HB 864 Private property; provisions regulating removal and storage of
certain vehicles; exempt churches ....................................................................... SB 130 Private property; trespass towing; certain time period ...........................................HB 267 Radar; operation by certain full-time peace officers only ......................................HB 324

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INDEX

4665

Recreational vehicles; dealership franchise agreements ........................................ SB 155 Sales and use tax; certain motor vehicle transactions; change
tax situs ..................................................................................................................HB 22 School Health and Physical Education Support Fund; special
license plates ........................................................................................................HB 647 School health and physical education support program; special
license plates - CA ...............................................................................................HR 365 Seat belts; passenger vehicles; eliminate certain exceptions....................................HB 18 Seat belts; failure to wear; increase fine.................................................................HB 257 Special license plates; administrative issuance procedures; refine ........................HB 727 Special license plates; Alzheimer's Association, Georgia Chapter ........................HB 549 Special license plates; amend provisions; authorize new plates;
Bill Elliott Day in Georgia; designate ................................................................. SB 168 Special license plates; Atlanta Braves professional sports team
501(c)3 foundation............................................................................................... SB 142 Special license plates; Atlanta Falcons professional sports team
501(c)3 foundation............................................................................................... SB 239 Special license plates; Benevolent and Protective Order of Elks...........................HB 342 Special license plates; certain disabled veterans; two free plates...........................HB 796 Special license plates; certain pediatric cancer programs ......................................HB 921 Special license plates; Children's Healthcare of Atlanta ........................................HB 308 Special license plates; Choose Life, Inc. ................................................................. SB 69 Special license plates; disabled persons; special decal; revise
provisions.............................................................................................................HB 714 Special license plates; emergency medical services personnel ..............................HB 402 Special license plates; family member serving in military..................................... SB 255 Special license plates; Georgia Automobile Racing Hall of
Fame Association.................................................................................................HB 504 Special license plates; Georgia Center for the Book ..............................................HB 205 Special license plates; Georgia Center for the Book .............................................. SB 126 Special license plates; identifying persons with diabetes.......................................HB 710 Special license plates; police officers wounded in line of duty..............................HB 154 Special license plates; promote special historic preservation.................................HB 621 Special license plates; promoting the arts in Georgia ............................................HB 506 Special license plates; Purple Heart; certain inscription ........................................HB 395 Special license plates; Stroke Awareness...............................................................HB 750 Special license plates; Support Georgia Troops ..................................................... SB 257 Special plates; Project Lifesaver program; promoting ...........................................HB 792 Speed detection devices; certain highways and bridges; prohibit use....................HB 159 Speed detection devices; certain prohibited uses; amend provisions.....................HB 917 Speed detection devices; certain visibility provisions; repeal..................................HB 92 Speed monitoring devices; photographic systems; provisions...............................HB 294

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4666

INDEX

State budgeting; comprehensive revision of provisions; legislative budget offices....................................................................................................... SB 254
State departments; revisions and transfer of powers and duties.............................HB 312 Traffic control; signal monitoring devices; annual reports ....................................HB 242 Traffic violations bureau; imposition of penalties..................................................HB 176 Transportation of Hazardous Materials Act; enact.................................................HB 762 Uniform rules of the road; parking permits for disabled persons;
annual renewal ..................................................................................................... SB 267
MOUNT AIRY, TOWN OF; annex certain territory .............................................HB 707
MOVIES (See Films, Motion Pictures, and Movies)
MUNICIPALITIES (Also, see Local Government or Named Municipality) Ad valorem tax; limitations on millage rate or valuation increases - CA ..................HR 1 Ad valorem tax; limitations on millage rate or valuation increases - CA ..................HR 2 Ad valorem tax; limitations on millage rate or valuation increases - CA ..................HR 3 Alcoholic beverages; municipal or county licenses; increase fee ..........................HB 720 Bianca Walton Anti-Bullying Act; enact................................................................HB 424 Business and occupation tax; certain regulatory fees by local governments.........................................................................................................HB 304 Clerks of superior court and coroners; qualifying; nonpartisan election ...............HB 403 Community Development Block Grant Program; urge support.............................HR 386 Consolidated government; voting provisions; abstention and ties .........................HB 659 Council on Affordable Housing; create....................................................................HB 39 County and municipal insurance taxes; certain early distribution; provisions.............................................................................................................HB 189 Counties and municipalities; expand purposes for using federal funds .................HB 186 Counties and municipalities; public water and sewage systems; prohibitions; exceptions.......................................................................................HB 510 County officers; nonpartisan elections .....................................................................HB 63 County officers; nonpartisan elections; General Assembly provide by local law............................................................................................................HB 62 County school superintendents; employment contract; publication.........................HB 32 Development Impact Fee Act; amend provisions ..................................................HB 637 Education; certain historical documents; prohibit restriction.................................HB 158 Education; program weights; expenditure controls; charter schools; student achievement; exception to certain driver's license requirement................ SB 35 Election superintendent; office to remain open until ballots are counted ................HB 33 Enhanced redevelopment powers; definitions and provisions ...............................HB 152 Georgia Procurement Registry; certain bid advertisements; local governments ................................................................................................HB 833

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4667

Georgia Smokefree Air Act of 2005; enact ............................................................HB 426 Home rule; fixing hours of sale of alcoholic beverages; provisions ......................HB 717 Hotel-motel tax; certain trails and walkways; expenditure
requirements; rates levied ....................................................................................HB 374 Hotel-motel tax; local governments; amend provisions.........................................HB 765 Hotel-motel tax; review board; amend certain provisions .....................................HB 505 Impact fees; single family construction; provide maximum ..................................HB 547 Income tax credits; certain businesses; less developed areas.................................HB 389 Interlocal Cooperation Act; enact...........................................................................HB 570 Joint county and municipal sales tax on motor fuel; authorize;
referendum ...........................................................................................................HB 797 Judicial Retirement; creditable service for certain prior service;
transfer contributions ...........................................................................................HB 486 Local boards of education; adopt code of ethics ......................................................HB 14 Local boards of education; driver education courses; provisions ..........................HB 814 Local boards of education; employment benefits; authorize expenditure................ SB 98 Local boards of education; establish start date of school year ...............................HB 285 Local boards of education; health benefit plan; certain members..........................HB 462 Local boards of education; training members; amend certain provisions..............HB 250 Local development authorities; authorize per diem ...............................................HB 469 Local government contracts; optional bidding preference;
local businesses....................................................................................................HB 220 Local option sales tax; capital outlay; eligible expenditures..................................HB 825 Lovejoy to Atlanta rail project; obligation of state; operating
subsidy agreements ..............................................................................................HR 254 Minimum wage mandates by local governments; change certain
provisions...............................................................................................................HB 59 Misdemeanor traffic offenses; fines to be paid into state treasury.........................HB 419 Motor vehicles; highway work zones; required signage ........................................HB 160 Municipal corporations; creation; revise provisions ................................................HB 36 Municipal corporations; ordinance violations; maximum sentences .....................HB 730 Municipalities; courts; home rule powers; maximum fines ...................................HB 719 Nuisances; county and municipal abatement powers; unfit buildings .....................HB 96 Optional employee benefit plans; certain governmental entities;
administrative fees ...............................................................................................HB 388 Probation services by local governments; standards for officers ...........................HB 884 School clubs; local boards provide information to parents; policies
and procedures .....................................................................................................HB 661 Waste disposal sites; increase distance from county or city boundaries ................HB 533
MUSCOGEE COUNTY Columbus-Muscogee County; repeal certain Acts and constitutional amendments ..................................................................................HB 271

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4668

INDEX

National Infantry Museum property; Columbus-Muscogee County; cession of concurrent jurisdiction to the United States .......................................HB 420
MUSEUMS Ad valorem tax; exempt certain income of nonprofit museums; referendum ...............................................................................................................HB 3 Ad valorem tax; exempt certain nonprofit museums; referendum.............................HB 2 Museum Property Act; enact .................................................................................. SB 195 NASCAR Hall of Fame; urge to locate in Atlanta .................................................HR 568 National Infantry Museum property; Columbus-Muscogee County; cession of concurrent jurisdiction to the United States .......................................HB 420
MUSIC State songs of patriotic heritage; designate ............................................................HB 939 State-wide tourism marketing program; Department of Economic Development; state halls of fame ........................................................................ SB 125 Theft; certain services or property knowingly obtained by deception ...................HB 236 Ticket brokers; amend regulating provisions .........................................................HB 318 Valdosta State University's Peach State Summer Theatre; designate official musical theatre ........................................................................HB 343 Valdosta State University's Peach State Summer Theatre; designate official musical theatre ..........................................................................HR 84

N
NATIONAL GUARD Crimes; impersonating veteran or active duty member; define offense...................HB 80 Firefighters' & Class Nine pension funds; certain active military duty; creditable service ........................................................................................HB 660 HERO (Helping Educate Reservists and their Offspring) Scholarship; establish ................................................................................................................. SB 43 Income tax deductions; purchases treated as expenses; contributions; Georgia National Guard.......................................................................................HB 282 Income tax; military income exclusion; amend......................................................HB 167 Income tax; military income exclusion; amend provisions....................................HB 538 National Guard or reserves; economic relief; create commission on HEROES..............................................................................................................HB 165 National Guard or reserves; financial assistance to certain resident families - CA..........................................................................................................HR 65 National Guard; certain active duty members; life insurance ................................HB 164 Postsecondary education; grants to certain members of National Guard; provisions.................................................................................................HB 163
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4669

Special license plates; family member serving in military..................................... SB 255 Special license plates; Support Georgia Troops ..................................................... SB 257 Unemployment due to military reassignment of spouse; allow benefits................HB 404
NATURAL GAS (See Gas, Gasoline, and Gas Services)
NATURAL RESOURCES (See Conservation and Natural Resources)
NEGLIGENCE Civil practice, evidence, insurance, professions and businesses, and torts; comprehensive revision of provisions relating to health care ................................. SB 3 Medical malpractice; amend Official Code of Georgia Annotated Titles 9, 24, 31 and 51 ...........................................................................................HB 56
NEWTON COUNTY; grant easements..................................................................... SR 80
NONPROFIT CORPORATIONS Ad valorem tax; exempt certain income of nonprofit museums; referendum ...............................................................................................................HB 3 Ad valorem tax; exempt certain nonprofit museums; referendum.............................HB 2 "Karon's Law"; enact ..............................................................................................HB 430 Nonprofit Contractor Oversight Panel; establish....................................................HB 138 Sales tax exemption; qualified job training organizations .....................................HB 841 Small Business Administration regulations of certain nonprofit corporations; service area include entire state .......................................................HR 66 Special license plates; Benevolent and Protective Order of Elks...........................HB 342 State employees; payroll deductions; certain non-profit organizations; include corrections officers..................................................................................HB 183 Torts; nonprofit organizations or individuals financially sponsoring charitable fundraising events; immunity from civil liability ............................... SB 238 Transportation projects; public-private initiatives; amend provisions ................... SB 270
NONRESIDENTS Hospitals; care for nonresident indigents; reimbursement procedures...................HB 317 Illegal aliens; bar from receiving public funded services - CA..............................HR 256 State Planning for Increased Community Access Act; enact .................................HB 680
NORCROSS, CITY OF; corporate limits............................................................... SB 219
NOTARIES PUBLIC Additional qualifications; applications; amend provisions ....................................HB 494
NUCLEAR ENERGY (See Energy)

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4670

INDEX

NUISANCES Agricultural facilities; define; include processing of poultry by-products and meat by-products......................................................................... SB 26 Agricultural operations; include wildlife habitat and hunting................................HB 261 Companion animal establishment; immunity from civil or criminal action under certain conditions.............................................................. SB 111 County and municipal abatement powers; unfit buildings .......................................HB 96
NURSES Advanced practice registered nurse; controlled substances; provisions.................HB 935 Certificate of need; home health or infusion agency; pharmacists; exemption.............................................................................................................HB 270 Controlled substances for medical purposes; immunity; Pain Management Ad Hoc Advisory Committee ........................................................ SB 109 Hospitals; liability for acts of health care providers; requirements........................HB 237 Nurse Involuntary Overtime Act; provisions .........................................................HB 919
NURSING HOMES Long-Term Care Partnership Program Act; enact................................................. SB 112 Georgia War Veterans Nursing Homes; executive directors; appointment .........................................................................................................HB 438

O
OCCUPATIONAL LICENSE (See Business and Occupation Tax)
OPEN AND PUBLIC MEETINGS Open meetings; certain exclusions; open records; certain requirement .................HB 684 Open records and open meetings; local and state governments; exceptions - CA ...................................................................................................HR 411 Property owners' associations; open meetings; exception......................................HB 185 Transportation projects; public-private initiatives; amend provisions ................... SB 270
OPTOMETRISTS AND OPTICIANS Dispensing opticians; apprenticeship program; amend requirements ....................HB 881 Optometrists; additional pharmaceutical agents; provisions..................................HB 899 Optometrists; prescribe oral and topical pharmaceuticals......................................HB 515
OUTDOOR ADVERTISING Certain adult entertainment; prohibit signs ............................................................HB 519

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4671

P
PARDONS AND PAROLES Corrections; create division of probation/parole community-based supervision .............................................................................................................HB 65 Pardons and Paroles, Board of; allow certain employees assist law enforcement...................................................................................................HB 289 Probation/Parole Community Based Supervision, Department of; create ................................................................................................................HB 60 Sexual offender registry; pardon or parole; registration verification .....................HB 171
PARENT AND CHILD Abortion; Woman's Right to Know Act; enact.......................................................HB 197 "Baby's Right to Know Act"; enact ............................................................................HB 4 Child custody; certain actions; prohibitions ............................................................. SB 94 Child support; failure to comply; imprisonment ....................................................HB 800 Child support; guidelines; basic obligation amounts; Child Support Commission; create................................................................................HB 221 Child support; mentally or physically disabled child beyond age of majority .....................................................................................................HB 142 Crimes; make abortion unlawful ..............................................................................HB 93 Divorce; change time limit; effect on children; require educational classes................................................................................................. SB 25 Drivers' licenses; youthful driver tracking service; create .....................................HB 918 Early Care and Learning, Department of; voluntary parent education services; provisions ................................................................................. SB 1 Family planning services; medical referral; requirements .....................................HB 566 Juvenile proceedings; disposition of deprived child; reunification efforts; child placement .......................................................................................HB 333 Legitimacy petition; father may establish paternity of child..................................HB 287 Parental rights; petitions to terminate; change provisions......................................HB 195 Paternity; legitimation proceedings .......................................................................... SB 53 "Time for Schools Act"; enact................................................................................HB 230
PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION Blue Ribbon Committee on Jekyll Island; encourage governor to appoint .............................................................................................................HR 722 Carrying weapons in school safety zones; prohibition; include parks ...................HB 544 Deadhead logging operations in Altamaha or Flint rivers; authorize..................... SB 283 Museum Property Act; enact .................................................................................. SB 195 NASCAR Hall of Fame; urge to locate in Atlanta .................................................HR 568 Recreational vehicles; dealership franchise agreements ........................................ SB 155 Special license plates; promote special historic preservation.................................HB 621

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4672

INDEX

State parks; carrying firearms; amend certain provisions ......................................HB 799 State-wide tourism marketing program; Department of Economic
Development; state halls of fame ........................................................................ SB 125
PARSON H. F. JOYNER MEMORIAL BRIDGE Designate ................................................................................................................HR 269 Designate ................................................................................................................HR 393
PATAULA JUDICIAL CIRCUIT; change certain terms of court ........................ SB 264
PATTERSON, CITY OF Mayor and city council; membership and elections ...............................................HB 583
PEACE OFFICERS (See Law Enforcement Officers and Agencies)
PEACE OFFICERS ANNUITY AND BENEFIT FUND Amend provisions...................................................................................................HB 348 Certain creditable service .......................................................................................HB 101 Prior service credit..................................................................................................HB 666
PEACH COUNTY Board of commissioners; vacancies .......................................................................HB 744 Nonpartisan elections; chief magistrate..................................................................HB 599 Nonpartisan elections; probate judge .....................................................................HB 598
PEACHTREE CITY, CITY OF; homestead exemption; certain residents ...........HB 590
PEMBROKE, CITY OF Building permits; amend provisions.......................................................................HB 632 Homestead exemption .............................................................................................. SB 40
PENAL INSTITUTIONS Correctional institutions; inmate commissaries......................................................HB 667 Corrections, Board and Department; appearances by General Assembly members..............................................................................................HB 657 Corrections, Board and Department; appearances by General Assembly members..............................................................................................HB 664 Corrections; create division of probation/parole community-based supervision .............................................................................................................HB 65 Corrections; incarceration costs; certain inmates to reimburse state; provisions .....................................................................................................HB 49 Counties housing state inmates awaiting transfer; reimbursement rate .................HB 477 Deaths of persons confined in jails; urge investigations ........................................HR 161

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INDEX

4673

Employees' Retirement; certain employees of county correctional facilities; provisions.............................................................................................HB 311
Georgia Bureau of Investigation; inspect death of any person confined in penal institution ................................................................................HB 326
Law enforcement and correctional agencies; urge suspending use of electroshock devices......................................................................................HR 6
Martha K. Glaze Regional Youth Detention Center; designate ...............................HR 48 Pardons and Paroles, Board of; allow certain employees assist
law enforcement...................................................................................................HB 289 Probation detention and diversion centers; privatization; authorize
Department of Corrections to enter into contracts................................................. SB 44 Probation services provided by local governments; standards
for officers............................................................................................................HB 884 Probation/Parole Community Based Supervision, Department
of; create ................................................................................................................HB 60 Probation; confinement in probation or detention centers; certain
violators .................................................................................................................HB 64 Probation; first offenders; amend provisions..........................................................HB 473 Probation; terms and conditions; amend ................................................................HB 692 Serious sexual offenders; satellite based monitoring; authorize
program................................................................................................................HB 886 Sexual offender registry; amend registration requirements; change
and add certain definitions...................................................................................HB 106 Sexual offender registry; pardon or parole; registration verification .....................HB 171 Sexual offender registry; sexually violent offense; redefine..................................HB 140 Working Against Recidivism Act; enact ..................................................................HB 58 Work release programs; felony sentences; provisions ...........................................HB 432
PERSONAL CARE HOMES Community Living Services Joint Study Committee; create .................................HR 492
PERSONS AND THEIR RIGHTS Fishing and hunting; preserve for the people and manage by law for the public good - CA ................................................................................. SR 67
PHARMACISTS, PHARMACIES, AND PRESCRIPTION DRUGS Certificate of need; home health or infusion agency; pharmacists; exemption.............................................................................................................HB 270 Controlled substances and dangerous drugs list; amend .......................................... SB 89 Controlled substances for medical purposes; immunity; Pain Management Ad Hoc Advisory Committee ........................................................ SB 109 Controlled substances; products with pseudoephedrine; limitations......................HB 686

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4674

INDEX

Controlled substances; pseudoephedrine sales; requirements, limitations, and restrictions....................................................................................HB 19
Department of Community Health; contract with care management; drug rebates; require refund.................................................................................HB 358
Health insurance; patient's right to independent review; medical assistance; PeachCare; Joint Committee to Study Prescription Costs in State Funded Health Care Plans ............................................................ SB 140
"Karon's Law"; enact ..............................................................................................HB 430 Military members on ordered duty; extend certain licenses; jury
duty exemption; termination of certain contracts ................................................ SB 258 Optometrists; additional pharmaceutical agents; provisions..................................HB 899 Optometrists; prescribe oral and topical pharmaceuticals......................................HB 515 Physician's assistants; handling of professional samples .......................................HB 832 Prescription drug orders; electronic transmission; amend provisions....................HB 246 Prescription drugs; outpatient; pharmacy reimbursement ......................................HB 331 Prescription drugs; selling or delivering by mail; delete certain
provisions............................................................................................................. SB 199 Pseudoephedrine sales; limitations and restrictions; requirements;
penalties ...............................................................................................................HB 216 Psychologists; administer and prescribe drugs; provisions ....................................HB 923 Torts; prescriptions filled outside the U.S.; limited liability; provision.................HB 887 Wholesale Licensure and Prescription Medication Integrity Act; enact ................HB 907
PHYSICAL THERAPISTS Licenses; eliminate certain requirement .................................................................HB 801
PHYSICIANS, PHYSICIANS ASSISTANTS, AND RESPIRATORY CARE Advanced practice registered nurse; controlled substances ...................................HB 935 Certificate of need; home health or infusion agency; pharmacists; exemption.............................................................................................................HB 270 Civil practice, evidence, insurance, professions and businesses, and torts; comprehensive revision of provisions relating to health care ................................. SB 3 Civil practice; torts; health care liability claims; noneconomic damages ..............HB 235 Consumer Right to Participate Act; enact ..............................................................HB 779 Controlled substances for medical purposes; immunity; Pain Management Ad Hoc Advisory Committee ........................................................ SB 109 Education; interscholastic athletics; physical examination form; Ryan Boslet Bill................................................................................................... SB 272 Family planning services; medical referral; requirements .....................................HB 566 Health care providers; records; electronic format; tangible copies ........................ SB 204 "Health Share" Volunteers in Medicine Act; enact ................................................HB 166 Hospitals; liability for acts of health care providers; requirements........................HB 237

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INDEX

4675

Judicial proceedings; professional malpractice cases; use of experts ....................HB 234 License plates; physicians identification ................................................................HB 691 License to practice medicine for certain graduates; prosthetic services;
assistant and technician supervision; amend provisions......................................HB 608 Medical malpractice; amend Official Code of Georgia Annotated
Titles 9, 24, 31 and 51 ...........................................................................................HB 56 Medical malpractice; health information; disclosure .............................................HB 575 Medical malpractice; procedures relating to actions ..............................................HB 571 Orthotics and prosthetics practice; amend certain provisions ................................HB 288 Physician's assistants; handling of professional samples .......................................HB 832 Physician's assistants; public health or state of emergency; render
assistance .............................................................................................................HB 873 Physician's assistants; service to indigent patients; costs .......................................HB 350 Physician's assistants; temporary practice agreements........................................... SB 173 Prescription drug orders; electronic transmission; amend provisions....................HB 246 Sales tax exemption; certain prescribed medical equipment....................................HB 11 Special license plates; amend provisions; authorize new plates;
Bill Elliott Day in Georgia; designate ................................................................. SB 168 State ordered executions; protect physicians and medical
professionals licensure...........................................................................................HB 57 State Planning for Increased Community Access Act; enact .................................HB 680 Surgical assistants; licensing standards and requirements; provisions...................HB 938 Tattooing near the eye; expand exception to offense .............................................HB 883 Torts; asbestos or silica claims; definitions and provisions ...................................HB 416 Torts; limit medical damages; liability of facilities; provisions.............................HB 339 Torts; medical negligence; limit noneconomic damages .......................................HB 329 Traumatic brain and spinal cord injuries; state-wide central registry;
reports to Brain and Spinal Injury Trust Fund Commission ............................... SB 208 Tuberculosis hospitalization; amend provisions....................................................... SB 56 Women's Informed Consent Protection Act; enact ................................................HB 156
POSTSECONDARY EDUCATION Access to Postsecondary Education Instructional Material Act; enact ..................HB 898 Board of regents; school or institution closing; repeal power of Governor............................................................................................................HB 25 Educational and living expense grants; foster and adopted children; eligibility..............................................................................................................HB 272 Education degree programs; professional associations not a condition of enrollment........................................................................................HB 553 Education loans; certain colleges; eligibility and requirements .............................HB 842 Four-year college in Gwinnett County; approve creation ......................................HR 228 HERO (Helping Educate Reservists and their Offspring) Scholarship; establish ................................................................................................................. SB 43

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4676

INDEX

Higher Education Assistance Corporation; Student Finance Authority; Medical Center Authority; amend certain provisions........................HB 298
HOPE scholarships; definitions; quarter or semester hour limitation ....................HB 299 HOPE scholarships; eligibility; hour limits; amend provisions .............................HB 490 Postsecondary education; grants to certain members of National
Guard; provisions.................................................................................................HB 163 Public disclosure of records; postsecondary educational institutions;
donors personal information ................................................................................HB 340 Tuition equalization grants; proprietary institutions ineligible ..............................HB 300 University System of Georgia; four-year college in Gwinnett
County; authorize Board of Regents to create....................................................... SR 33 Valdosta State University's Peach State Summer Theatre;
designate official musical theatre ........................................................................HB 343 Valdosta State University's Peach State Summer Theatre;
designate official musical theatre ..........................................................................HR 84
POULTRY PRODUCTION Nuisances; agricultural facilities; define; include processing of poultry by-products and meat by-products ............................................................ SB 26
POWDER SPRINGS, CITY OF Increase homestead exemption; certain residents................................................... SB 197
PRESTON, CITY OF Office of mayor and commissioners; terms and elections......................................HB 627
PRETRIAL PROCEEDINGS Criminal procedure; discovery in felony cases; change certain provisions.............................................................................................................HB 222 Pretrial proceedings; certain indicted minors; jurisdiction of superior courts...................................................................................................... SB 135
PRIMARIES (See Elections)
PRISONS (See Penal Institutions)
PRIVATE DETECTIVE AND PRIVATE SECURITY BUSINESSES License renewal; continuing education ....................................................................HB 17
PRIVATE SCHOOLS Georgia Education Authority; private schools lease public property; prohibit.................................................................................................................HB 372 HOPE scholarships; definitions; quarter or semester hour limitation ....................HB 299

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INDEX

4677

Private schools; prayer at athletic events; public school participation...................HB 678 Tuition equalization grants; proprietary institutions ineligible ..............................HB 300
PROBATE COURTS Clerks of courts; documents and records; create and maintain digital copies ........................................................................................................HB 453 Judges of the Probate Courts Retirement Fund; designating surviving beneficiary ...........................................................................................HB 251 Marriage license applications; premarital education; provisions ...........................HB 378 Probate courts; additional civil filing fee; clarify...................................................HB 561 Trusts; allocation of principal and income; amend provisions...............................HB 406
PROBATION Corrections; create division of probation/parole community-based supervision .............................................................................................................HB 65 Persons convicted of certain felonies; voting provisions; prohibitions - CA .....................................................................................................HR 7 Persons convicted of certain felonies; voting provisions; prohibitions - CA .....................................................................................................HR 9 Probation; confinement in probation or detention centers; certain violators .................................................................................................................HB 64 Probation detention and diversion centers; privatization; authorize Department of Corrections to enter into contracts................................................. SB 44 Probation; first offenders; amend provisions..........................................................HB 473 Probation/Parole Community Based Supervision, Department of; create ......................................................................................................................HB 60 Probation services provided by local governments; standards for officers .................................................................................................................HB 884 Probation; terms and conditions; amend ................................................................HB 692
PROFESSIONS AND BUSINESSES Accountants; licensing board; remove Code references to registered public accountants................................................................................. SB 55 Advanced practice registered nurse; controlled substances; provisions.................HB 935 Athletic and Entertainment Commission; martial arts, wrestling, boxing; amend provisions.................................................................................... SB 224 Athletic trainers; service in schools; licensing requirements; exception................HB 217 Attorney General; consumer protection; initiate civil actions................................HB 646 Chiropractors; board of examiners; additional authority........................................HB 147 Chiropractors; board of examiners; additional authority........................................HB 266 Chiropractors; revoke license or discipline licensee; additional grounds.................................................................................................................HB 377

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4678

INDEX

Civil practice, evidence, insurance, professions and businesses, and torts; comprehensive revision of provisions relating to health care ................................. SB 3
Committee on the Implementation of Textile Agreements; request approval of safeguard petitions............................................................................HR 142
Committee on the Implementation of Textile Agreements; urge enactment of certain safeguard petitions ............................................................. SR 156
Cosmetologists; redefine; include hair braiders and hair designers; certification provisions ........................................................................................ SB 145
Disabled veterans and blind persons; vendors on streets and highways ..............................................................................................................HB 693
Dispensing opticians; apprenticeship program; amend requirements ....................HB 881 Motor vehicles; driver training and licensing; amend provisions;
ignition interlock device providers ......................................................................HB 367 Driver training schools; operated on private property; provide exception.............HB 569 "Health Share" Volunteers in Medicine Act; enact ................................................HB 166 Identity fraud; companies collecting identifying information;
requirements.........................................................................................................HB 649 Income tax credit; businesses adding employees; computation .............................HB 468 Income tax credits; certain businesses; less developed areas.................................HB 389 Income tax; corporations; allocation and apportionment formulas;
revise ....................................................................................................................HB 191 Industrial Hygiene, Health Physics, and Safety Profession
Recognition and Title Protection Act; enact........................................................HB 353 In-home services and residential delivery subcontractors;
background checks...............................................................................................HB 620 License to practice medicine for certain graduates; prosthetic services;
assistant and technician supervision; amend provisions......................................HB 608 Managerial control over acquisition of professional services;
amend provisions .................................................................................................HB 155 Massage Therapy Practice Act; enact; licensure and regulation of
therapists .............................................................................................................. SB 110 Microbial Professionals Licensing Act; enact ........................................................HB 729 Military members on ordered duty; extend certain licenses; jury
duty exemption; termination of certain contracts ................................................ SB 258 Motor vehicles; licensing of ignition interlock device providers...........................HB 276 Motor vehicles; new and used dealers; temporary license plates
and sales sites; amend provisions ........................................................................HB 455 Optometrists; additional pharmaceutical agents; provisions..................................HB 899 Optometrists; prescribe oral and topical pharmaceuticals......................................HB 515 Orthotics and prosthetics practice; amend certain provisions ................................HB 288 Physical therapists; licenses; eliminate certain requirement ..................................HB 801 Physician's assistants; service to indigent patients; costs .......................................HB 350 Physician's assistants; temporary practice agreements........................................... SB 173

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INDEX

4679

Plumbing; licensure requirements; exception.........................................................HB 207 Private detective and security businesses; license renewal;
continuing education..............................................................................................HB 17 Professional engineers and land surveyors; change certification
requirements.........................................................................................................HB 444 Psychologists; administer and prescribe drugs; provisions ....................................HB 923 Real estate appraisers, brokers, and salespersons; licensure; regulations ................ SB 68 Residential and General Contractors State Licensing Board;
membership..........................................................................................................HB 184 Residential and general contractors; licensure and regulation ............................... SB 124 "Small Business Employee Choice of Benefits Health Insurance
Plan Act"; enact .....................................................................................................HB 83 "Small Business Employee Choice of Benefits Health Insurance
Plan Act"; enact ................................................................................................... SB 174 Soil Scientists Licensing Act; licensure; regulations ............................................... SB 95 State Board of Cosmetology; terminate; repeal Chapter 10 of Title 43 .................HB 385 State budgeting; comprehensive revision of provisions; legislative
budget offices....................................................................................................... SB 254 State Planning for Increased Community Access Act; enact .................................HB 680 Surgical assistants; licensing standards and requirements; provisions...................HB 938 Taxable net income; certain business relocations; exclude
attributable income ................................................................................................HB 12 Ticket brokers; amend regulating provisions .........................................................HB 318
PROPERTY Ad valorem tax; appraisal value; owner's acquisition cost - CA..............................HR 85 Ad valorem taxation; homeowner tax relief grants; tax executions; amend certain provisions .....................................................................................HB 116 Ad valorem tax; certain charitable institutions; exemption....................................HB 370 Ad valorem tax; county tax assessors; property valuation appeal; change certain provision ......................................................................................HB 560 Ad valorem tax; county tax digest; assessed valuations.........................................HB 516 Ad valorem tax; limitation upon rate of increase in value - CA ............................HR 162 Ad valorem tax; tangible property; eliminate - CA................................................HR 634 American Indian tribes; Georgia Tribe of Eastern Cherokee; delete address.......................................................................................................HB 228 American Indian tribes; recognize Georgia Kokeneshv Natchez Nation...............HB 223 American Indian tribes; Southeastern Cherokee Council, Inc.; state recognition...................................................................................................HB 586 Bankruptcy; debtor's residence; certain homestead exemption..............................HB 679 Bona fide conservation use property; breach of covenant; exceptions ......................HB 1 Code Titles 31, 44, and 49; conform references to House and Senate committee names......................................................................................HB 309

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4680

INDEX

Eminent domain; compensation requirement .........................................................HB 913 Eminent domain; right of state; limitation on purposes ........................................... SB 86 Enhanced redevelopment powers; definitions and provisions ...............................HB 152 Estate tax; change certain definitions .....................................................................HB 113 Financial institutions; supplement definitions; amend provisions ........................... SB 82 Foreclosure; right of redemption ............................................................................HB 741 Game and fish; hunting within vicinity of bait feeds on private land ....................HB 345 Georgia Education Authority; private schools lease public
property; prohibit .................................................................................................HB 372 Georgia Predatory Lending Prevention Act; enact.................................................HB 808 Georgia Regional Transportation Authority; amend provisions ............................HB 281 Home inspectors; definitions, documentation, and requirements;
new provisions .....................................................................................................HB 903 Homestead exemption; disabled veterans; surviving spouses
who remarry.........................................................................................................HB 315 Income tax; exclude capital gain on certain property conversion ..........................HB 210 Intangible tax; property in more than one county; prorated payment ....................HB 265 Joint emergency 911 system authorities; property tax exemption .........................HB 770 Joint emergency 911 system authorities; property tax; exemptions.......................HB 791 Military members on ordered duty; extend certain licenses; jury
duty exemption; termination of certain contracts ................................................ SB 258 Motor vehicles; abandonment; certain definitions and provisions.........................HB 880 Nuisances; county and municipal abatement powers; unfit buildings .....................HB 96 Pawnbrokers; amend certain provisions; provide for title
pawn transactions.................................................................................................HB 675 Pawn transactions; motor vehicle sales surplus; provisions...................................HB 864 Private property; provisions regulating removal and storage
of certain vehicles; exempt churches................................................................... SB 130 Private property; trespass towing; certain time period ...........................................HB 267 Property; condemnation power; limitations - CA ....................................................HR 87 Property insurance; warranty service agreements; amend provisions....................HB 428 Property owners' associations; open meetings; exception......................................HB 185 Property sold for taxes; redemption provisions........................................................HB 40 Real estate appraisers, brokers, and salespersons; licensure; regulations ................ SB 68 Real estate transfer tax; General Assembly impose by local law...........................HB 631 State agencies; impounded property; notification of owner...................................HB 109 Taxable net income; certain business relocations; exclude attributable
income....................................................................................................................HB 12 Taxation of intangibles; real estate transfer tax; amend certain provisions ...........HB 117 Tax executions; amend provisions regarding issuance ..........................................HB 118 Tax executions; certain transfers; required notice; amend provisions ...................HB 447 Tax executions; deed or bill of sale; purchaser information ..................................HB 110 Tax executions; issuance and transfer; amend provisions......................................HB 448

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4681

Tax executions; property; prohibit sale to county tax commissioners ...................HB 368 Tax executions; regulate transfers; prohibit certain sales.......................................HB 226 Tax sales; amend procedures under levies and executions ....................................HB 121 Tax sales; disposition of excess proceeds; amend certain provision......................HB 445 Tax sales; excess proceeds; redemption period; amend provisions .......................HB 446 Torts; property damage from certain trees; liability...............................................HB 812 Unclaimed property; certain abandoned dividends or credits; disposition ............HB 431
PROSECUTING ATTORNEYS Crime Victims Restitution Act of 2005; enact .......................................................HB 172 District attorneys, assistant district attorneys, district attorney investigators; compensation.................................................................................HB 268 District attorneys emeritus; salary; eligibility ........................................................HB 651 Employees' Retirement; assistant district attorney or public defender; certain creditable service .....................................................................................HB 479 Employees' Retirement; certain assistant district attorneys; creditable service ..................................................................................................................HB 915 Employees' Retirement; certain groups included ...................................................HB 362 Judicial Retirement; certain judges or district attorneys; creditable service ..........HB 821 Judicial Retirement System; superior court judge or district attorney; creditable service .................................................................................................HB 895 Oral or wireless transmissions; pen register or trap and trace device; judicial order ........................................................................................................ SB 269 Pretrial intervention and diversion programs; authorize certain courts to administer ........................................................................................................HB 718 State Health Benefit Plan; certain vested judges and district attorneys; continue coverage ................................................................................................HB 383
PSYCHOLOGISTS Administer and prescribe drugs; provisions ...........................................................HB 923
PUBLIC ADMINISTRATION, OFFENSES AGAINST Barratry; Code section; repeal ................................................................................HB 804
PUBLIC ASSISTANCE (See Social Services)
PUBLIC BUILDINGS Admiral John Henry Towers; portrait in state capitol ............................................HR 824 Coverdell, Paul D.; rename Legislative Office Building in his honor ............................................................................................................HR 47 Dent-Daugherty-Hamilton Legislative Office Building; rename Legislative Office Building.......................................................................HR 72 Dooley-Sanford Stadium; designate at University of Georgia.................................HR 13

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4682

INDEX

Georgia Smokefree Air Act of 2005; enact ............................................................HB 426 Grace Towns Hamilton portrait; return to place of distinction ................................HR 80 Miller-Coverdell Legislative Office Building; naming ............................................HR 70 Ten Commandments; support and commend public display .................................HR 904 Vandiver, Governor Samuel E., Jr.; name building on
University of Georgia campus .............................................................................HR 821
PUBLIC CONTRACTS Executive branch; privatization contracts; requirements........................................HB 472 Georgia Procurement Registry; certain bid advertisements; local governments ................................................................................................HB 833 Local government contracts; optional bidding preference; local businesses....................................................................................................HB 220 Sales tax; certain tangible property used by contractors; amend provisions.............................................................................................................HB 306 State and local government purchasing contracts; preference for Georgia products and vendors ...............................................................................HB 91 Transportation, Department of; design-build contracts; revise criteria........................................................................................................HB 530 Transportation, Department of; design-build contracts; revise criteria........................................................................................................ SB 231 Transportation projects; public-private initiatives; amend provisions ................... SB 270
PUBLIC HEALTH AND MORALS, OFFENSES AGAINST Abortion; facilities; certain medical equipment; certain procedures; requirements.....................................................................................HB 888 Accountants; licensing board; remove Code references to registered public accountants................................................................................. SB 55 Crimes; make abortion unlawful ..............................................................................HB 93 Dog fighting; prohibit; punishments; amend provisions ........................................HB 734 Gambling; pyramid promotional schemes; define; prohibit................................... SB 141 Georgia Smokefree Air Act of 2005; enact ............................................................HB 426 Outdoor advertising; certain adult entertainment; prohibit signs ...........................HB 519 Public transit systems; sales and solicitations within facilities; prohibit................................................................................................................. SB 129 Smokefree Air Act of 2005; enact ............................................................................ SB 90 Smoking on school bus or other public or private school vehicle transporting children; define offense ................................................................... SB 196 Tattooing near the eye; expand exception to offense .............................................HB 883 Video games; retailers post ratings system information; penalties for violation.......................................................................................................... SB 106

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4683

PUBLIC OFFICERS AND EMPLOYEES Capitol Avenue lane usage; urge Department of Transportation, City of Atlanta, and Capitol Police conduct study ..............................................HR 820 Clerks of superior court and coroners; qualifying; nonpartisan election .............................................................................................HB 403 Coroners and deputy coroners; compensation; provisions.....................................HB 508 Corrections, Board and Department; appearances by General Assembly members..............................................................................................HB 657 Corrections, Board and Department; appearances by General Assembly members..............................................................................................HB 664 County offices of sheriff-elect; create and provide indemnification......................HB 934 Deaths of persons confined in jails; urge investigations ........................................HR 161 District attorneys, assistant district attorneys, district attorney investigators; compensation.................................................................................HB 268 Employees' health insurance; certain members of local boards of education; provide benefits .............................................................................HB 920 Employees' Retirement; certain employees of county correctional facilities; provisions.............................................................................................HB 311 Employees' Retirement; certain groups included ...................................................HB 362 Employees' Retirement; certain Housing and Finance Authority service; creditable service.................................................................................... SB 161 Employees' Retirement; certain law enforcement officers; amend provisions .................................................................................................HB 132 Employees' Retirement; creditable service; community service board ........................................................................................................HB 851 Employees' Retirement; group term life; define.....................................................HB 463 Employees' Retirement; temporary full-time or part-time; additional creditable service ................................................................................HB 434 Ethics in government; amend provisions....................................................................HB 7 Ethics in government; amend provisions..................................................................HB 47 Ethics in government; comprehensive revision of provisions..................................HB 48 Fraud, waste, abuse in state operations; whistleblower; prohibit retaliation....................................................................................................HB 8 Georgia Bureau of Investigation; director's title; mobile cocaine education van.......................................................................................... SB 146 Health insurance funds; teachers and school employees; combine with other funds ....................................................................................HB 524 Health insurance plans; state employees, teachers, public school employees, retirees; combine funds ......................................................... SB 284 Henry McNeal Turner Tribute Commission; create; Joint Commission for Recognition of Public Servants; create....................................... SR 88 Indemnification; emergency rescue or public safety worker; certain impairment of health ................................................................................ SB 192

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4684

INDEX

Law enforcement officer or firefighter; temporary disability; filing claim...........................................................................................................HB 240
Legislative branch employees; certain optional coverage under merit system; repeal provisions ........................................................................... SB 286
Local boards of education; extend health care benefits; certain members...................................................................................................HB 922
Notaries public; additional qualifications; applications; amend provisions .................................................................................................HB 494
Optional employee benefit plans; certain governmental entities; administrative fees ...............................................................................................HB 388
Planning and Budget, Office of; program budgeting; revenue shortfall reserve....................................................................................................HB 509
Probation/Parole Community Based Supervision, Department of; create ...............HB 60 Public disclosure; exempt certain personal information ........................................HB 437 Public employees; fraud, waste, and abuse; complaints or information ................HB 656 Public employees; fraud, waste, and abuse; complaints or information ................HB 665 Public Employees Labor Relations Commission; create........................................HB 606 Public officers and employees; certain promotions and campaign
activities; prohibit ................................................................................................HB 145 Public retirement; members convicted of certain crimes; forfeit benefits .............HB 529 Public retirement systems; compliance with Internal Revenue
Code; provisions ..................................................................................................HB 460 Regional education service agency employees; retirement options .......................HB 759 Sheriffs; vacancies in office; amend provisions .....................................................HB 521 State agencies and officers; certain grants; prohibition; exceptions ...................... SB 154 State agencies; reports to General Assembly; notification of
availability ............................................................................................................. SB 49 State budgeting; comprehensive revision of provisions; legislative
budget offices....................................................................................................... SB 254 State departments; revisions and transfer of powers and duties.............................HB 312 State employees; certain deferred compensation plans;
transfer administration .........................................................................................HB 275 State employees' health insurance plan; coverage; certain
community service board retirees and dependents .............................................. SB 268 State employees insurance; coverage for certain surviving
dependents or spouse ........................................................................................... SB 236 State employees; lobbying for anyone other than employer; prohibit ...................HB 681 State employees; payroll deductions; certain non-profit
organizations; include corrections officers..........................................................HB 183 State Health Benefit Plan; certain vested judges and district
attorneys; continue coverage ...............................................................................HB 383 State Law Library; repeal provisions; delete references in Code;
distribution of Georgia Laws and House and Senate Journals ............................ SB 216

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INDEX

4685

State officials and employees; travel expenses; change mileage rate ....................HB 670 Truth in Representation Act of 2005; enact............................................................HB 365
PUBLIC ORDER AND SAFETY, OFFENSES AGAINST Carrying weapons in school safety zones; prohibition; include parks ........................................................................................................HB 544 Deadly weapons; carrying to public gathering; exception to prohibition............................................................................................................HB 193 Firearms; crime of discharging on Sunday; repeal provisions ............................... SB 259 Firearms; license to carry; prohibition; certain conviction.....................................HB 793 Georgia Street Gang Terrorism and Prevention Act; amend provisions .................................................................................................HB 130 Gun sales and gun dealers; regulations; comprehensive revision of provisions........................................................................................... SB 175 Oral or wireless transmissions; pen register or trap and trace device; judicial order ........................................................................................... SB 269 Street gang terrorism and prevention; amend and add certain definitions .................................................................................................. SB 58
PUBLIC PROPERTY Admiral John Henry Towers; portrait in state capitol ............................................HR 824 Baldwin, Banks, Burke, Chatham, Douglas, Fulton, and Newton counties; grant easements......................................................................... SR 80 Bartow, Brantley, Carroll, Chatham, Cherokee, Clarke, Dekalb, Fulton, Habersham, Irwin, Jackson, Meriwether, Putman, Rabun, Seminole, Taliaferro, Troup, Union counties, and Hamilton County, Tennessee; convey property............................................HR 166 Cobb County; convey property...............................................................................HR 239 Coverdell, Paul D.; rename Legislative Office Building in his honor .....................HR 47 Dent-Daugherty-Hamilton Legislative Office Building; rename Legislative Office Building.......................................................................HR 72 Georgia Education Authority; private schools lease public property; prohibit.................................................................................................................HB 372 Georgia Smokefree Air Act of 2005; enact ............................................................HB 426 Hamilton County, Tennessee; convey property .....................................................HR 193 Henry McNeal Turner Tribute Commission; create; Joint Commission for Recognition of Public Servants; create ............................................................ SR 88 Miller-Coverdell Legislative Office Building; naming............................................HR 70 National Infantry Museum property; Columbus-Muscogee County; cession of concurrent jurisdiction to the United States .......................................HB 420 Sales tax; certain tangible property used by contractors; amend provisions .................................................................................................HB 306 State departments; revisions and transfer of powers and duties.............................HB 312

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4686

INDEX

State property and space management; revision of provisions .............................. SB 158 United States Border Patrol; express gratitude and support...................................HR 252 Vandiver, Governor Samuel E., Jr.; name building on
University of Georgia campus .............................................................................HR 821 Vending facilities on state property; blind vendors; revise and
add definitions......................................................................................................HB 337
PUBLIC RECORDS Chiropractors; board of examiners; additional authority........................................HB 266 Civil practice; production of documents; amend provisions..................................HB 912 Drivers' licenses; certain records; furnish to Georgia Bureau of Investigation.........................................................................................................HB 513 Gun sales and gun dealers; regulations; comprehensive revision of provisions............................................................................................................. SB 175 Open meetings; certain exclusions; open records; certain requirement .................HB 684 Open records and open meetings; local and state governments; exceptions - CA ...................................................................................................HR 411 Open records; educational facilities; campus police activities............................... SB 153 Open records; exempt certain motorist records of State Road and Tollway Authority................................................................................................ SB 121 Public disclosure; exempt certain personal information ........................................HB 437 Public disclosure of records; postsecondary educational institutions; donors personal information ................................................................................HB 340 Public records; economic development; exemption and disclosure of certain records......................................................................................................HB 218 State Registry Study Commission; create ..............................................................HR 296 Transportation projects; public-private initiatives; amend provisions ................... SB 270
PUBLIC SAFETY, DEPARTMENT OF (Also, see Drivers' Licenses or Law Enforcement Officers and Agencies) Employees' Retirement; certain law enforcement officers; amend provisions .................................................................................................HB 132 Employees' Retirement; State Patrol; retire at 55 years or 25 years of service ....................................................................................................HB 578 Motor vehicles; issue permit for certain lights, sirens, and markings to private vehicles ...............................................................................................HB 552 Public Safety Training Center facilities; allow retired officers use .......................HB 653
PUBLIC SCHOOL EMPLOYEES Health insurance funds; teachers and school employees; combine with other funds ...................................................................................................HB 524 Health insurance plans; state employees, teachers, public school employees, retirees; combine funds..................................................................... SB 284

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INDEX

4687

Public school employees; adverse personnel actions; right of representation.........................................................................................................HB 31
Public school employees; disciplinary meeting; employee rights..........................HB 213 Public School Employees Retirement; increase allowable benefit ........................HB 645 Public School Employees Retirement; retire at 60 years of age or
30 years of service ...............................................................................................HB 399 Teachers Retirement; certain teachers and employees; eligibility;
repeal provision......................................................................................................HB 28 Teachers Retirement; public school employees; transfer membership ..................HB 777
PUBLIC UTILITIES AND TRANSPORTATION Cable service providers; certificates of authority; Public Service Commission issue and regulate .............................................................................HB 90 Cellular telephone service; certain requirements; provisions.................................HB 303 Commercial Transportation Advisory Committee; create .....................................HB 458 Electrical service; renewable, recoverable, and recycled energy ...........................HB 775 Georgia Regional Transportation Authority; amend provisions ............................HB 281 Georgia Transportation Infrastructure Bank Act; enact .........................................HB 137 Joint emergency 911 system authorities; property tax exemption .........................HB 770 Joint emergency 911 system authorities; property tax; exemptions.......................HB 791 Lovejoy to Atlanta rail project; obligation of state; operating subsidy agreements ..............................................................................................HR 254 Military members on ordered duty; extend certain licenses; jury duty exemption; termination of certain contracts ................................................ SB 258 Mobile phone usage in motor vehicles; Public Service Commission regulate - CA ..................................................................................HR 536 Motor carriers; require representatives complete educational seminar..................HB 726 Motor fuel tax; additional exemption; limited time period; provisions .................HB 384 Motor vehicles; yield right of way to certain public transit buses .........................HB 778 911 emergency service; billing charges; amend.....................................................HB 174 911 telephone charges; billing, collection and use; provisions ..............................HB 148 Nonemergency "311" phone system; establish and operate in conjunction with "911" emergency system ......................................................... SB 113 Phone cards; disclose terms at time of purchase; provisions .................................HB 245 Pilot performance based asset maintenance project; urge Department of Transportation initiate .................................................................HR 676 Public Service Commission; audible universal information access services for the blind; guidelines; funding...........................................................HB 669 Public Service Commission; gas supply plan filed by gas utility; time period for issuing order after hearing .......................................................... SB 209 Public Service Commission; regulatory assessments; amend provisions ..............HB 562 Public Service Commission; superior court filing of certain orders; venue; judgment ...................................................................................... SB 210

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4688

INDEX

Public transit systems; sales and solicitations within facilities; prohibit ............... SB 129 Public transportation; governmental function; create corporation or
authority - CA ......................................................................................................HR 168 Public water systems; individual water meters; provisions....................................HB 889 Rail Passenger Authority; commuter rail project; requirements for
expenditures .........................................................................................................HB 523 Renewable and recovered resources and energy policy; recognize as
issue of vital importance ......................................................................................HR 491 Telegraph companies; dispatch or message deliveries; repeal
certain provision ..................................................................................................HB 622 Telephone and telegraph service; Joint Study Committee; reconstitute ................HB 738 Telephone service; unsolicited commercial facsimile messages............................HB 162 Telephone system for physically impaired; state-wide
telecommunications system; provisions ................................................................ SB 91 Torts; liquefied petroleum gas providers; limit liability and damages................... SB 139 Trains; operation and equipment; repeal certain provisions................................... SB 285 Unclaimed property; certain abandoned dividends or credits;
disposition............................................................................................................HB 431 Utility facility protection; comprehensive revision of provisions.......................... SB 274 Wireless telephone service; directory information; certain consent of
subscribers ............................................................................................................. SB 46
PUTNAM COUNTY Board of elections and registration.........................................................................HB 146 Eatonton-Putnam Water and Sewer Authority; create ...........................................HB 611

Q
QUALITY BASIC EDUCATION Education; program weights; expenditure controls; charter schools; student achievement; exception to certain driver's license requirement................ SB 35 Master Teacher Program and Academic Coach Program; create............................. SB 34 Quality Basic Education Act; enrollment eligibility; amend provisions................HB 897 Quality basic education; Georgia Virtual School; authorization to establish ................................................................................................................. SB 33 Quality Basic Education Program; change certain provisions .................................HB 41
QUITMAN COUNTY Georgetown-Quitman County Charter and Unification Commission; create..............................................................................................HB 757

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INDEX

4689

R
RABUN COUNTY Rabun County Convention and Visitors Bureau Authority; create ........................ SB 220 "The Reels of Rabun"; history of movies filmed in Rabun County; archival preservation............................................................................................HR 260
RACETRACKS Bill Elliott Day in Georgia; designate October 8 annually.....................................HR 570 Dale Earnhardt Day in Georgia; designate April 29 annually................................HR 240 NASCAR Hall of Fame; urge to locate in Atlanta .................................................HR 568 Pari-mutuel betting; remove prohibition; taxation; dedication
of revenue CA.....................................................................................................HR 90 Special license plates; amend provisions; authorize new plates;
Bill Elliott Day in Georgia; designate ................................................................. SB 168
RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS Residential Mortgage Fraud Act; enact; include in racketeering activity definition................................................................................................. SB 100
RADAR SPEED DETECTION DEVICES Laser speed detection devices; testing; accuracy requirements .............................HB 732 Radar; operation by certain full-time peace officers only ......................................HB 324 Speed detection devices; certain highways and bridges; prohibit use....................HB 159 Speed detection devices; certain prohibited uses; amend provisions.....................HB 917 Speed detection devices; certain visibility provisions; repeal..................................HB 92 Traffic control; signal monitoring devices; annual reports ....................................HB 242
RADIO COMMON CARRIERS Missing disabled adults; alert system; urge coordination by certain entities ......................................................................................................HR 414
RAILROADS Community Streetcar Development and Revitalization Act; enact........................ SB 150 Lovejoy to Atlanta rail project; obligation of state; operating subsidy agreements ..............................................................................................HR 254 Public transit systems; sales and solicitations within facilities; prohibit ............... SB 129 Rail Passenger Authority; commuter rail project; requirements for expenditures ...................................................................................................HB 523 Railroad crossings used by school buses; upgrade protective devices...................HB 715 Trains; operation and equipment; repeal certain provisions................................... SB 285
RAY CITY, CITY OF; mayor and council; terms....................................................HB 68

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4690

INDEX

REAL ESTATE (Also, see Property) Georgia Predatory Lending Prevention Act; enact.................................................HB 808 Mortgage loan officers; definitions and provisions................................................HB 498 Real estate appraisers, brokers, and salespersons; licensure; regulations ................ SB 68 Real estate transfer and intangible recording taxes; increase and allocate revenue - CA......................................................................................HR 26 Real estate transfer tax; General Assembly impose by local law...........................HB 631 Residential Mortgage Fraud Act; enact; include in racketeering activity definition................................................................................................. SB 100
REAPPORTIONMENT Congressional districts; composition and election provisions................................HB 499 House; apportion as single member districts - CA ...................................................HR 25 House of Representatives; apportionment; single member districts - CA ...............HR 49 House of Representatives; establish redistricting standards...................................HR 237 House of Representatives; single-member districts - CA.........................................HR 64 Joint Legislative and Congressional Redistricting Study Committee; create ................................................................................................HR 949 Legislative and congressional reapportionment; specify requirements..................HB 168
REDEVELOPMENT (See Buildings and Housing)
REGIONAL DEVELOPMENT CENTERS Regional development centers; fee for reviewing certain actions by local governments ...........................................................................................HB 604
RELIGION Division of Archives and History; recognize religious heritage; provisions.............................................................................................................HB 914 Education; certain historical documents; prohibit restriction.................................HB 158 Education; evolution theory; teaching of factual scientific evidence.....................HB 179 Firearms; crime of discharging on Sunday; repeal provisions ............................... SB 259 Halal foods; regulate preparation, marketing, sale, serving; penalties for violations........................................................................................... SB 96 Private property; provisions regulating removal and storage of certain vehicles; exempt churches ....................................................................... SB 130 Private schools; prayer at athletic events; public school participation...................HB 678 Public schools; moment of quiet reflection; provisions .........................................HB 807 Ten Commandments; support and commend public display .................................HR 904 Voluntary school prayer; public religious speech; urge Congress amend U. S. Constitution.....................................................................................HR 902

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INDEX

4691

RESTAURANTS Food service establishments; Department of Human Resources establish grading sheet .........................................................................................HB 467
RETIREMENT AND PENSIONS Class Nine Fire Department Pension Fund; increase maximum monthly retirement benefit...................................................................................HB 357 Class Nine Fire Department Pension Fund; secretary-treasurer renamed executive director..................................................................................HB 355 Employees' Retirement; allowable service; change provisions..............................HB 644 Employees' Retirement and Judicial Retirement; certain membership; creditable service .................................................................................................HB 336 Employees' Retirement; assistant district attorney or public defender; certain creditable service .....................................................................HB 479 Employees' Retirement; certain assistant district attorneys; creditable service .................................................................................................HB 915 Employees' Retirement; certain employees of county correctional facilities; provisions.............................................................................................HB 311 Employees' Retirement; certain General Assembly membership; repeal provisions ..................................................................................................HB 537 Employees' Retirement; certain groups included ...................................................HB 362 Employees' Retirement; Housing and Finance Authority service; creditable service.................................................................................... SB 161 Employees' Retirement; law enforcement officers; amend provisions ..................HB 132 Employees' Retirement; certain temporary full-time service; credit......................HB 104 Employees' Retirement; creditable service; community service board ........................................................................................................HB 851 Employees' Retirement; disability benefits; amend provisions..............................HB 459 Employees' Retirement; disability benefits; eligibility provisions.........................HB 379 Employees' Retirement; group term life; define.....................................................HB 463 Employees' Retirement; law enforcement personnel; benefits...............................HB 567 Employees' Retirement; optional retirement allowances; technical corrections ............................................................................................HB 381 Employees' Retirement; State Patrol; retire at 55 years or 25 years of service ....................................................................................................HB 578 Employees' Retirement; temporary full-time or part-time; additional creditable service ................................................................................HB 434 Employees' Retirement; temporary full-time service; obtain creditable service .................................................................................................HB 582 Firefighters' and Class Nine pension funds; certain active military duty; creditable service ........................................................................................HB 660 Firefighters' Pension; certain active military duty; creditable service ...................HB 749 Firefighters' Pension Fund; return to service after retirement; benefit...................HB 344

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4692

INDEX

Garnishment; exempt certain individual retirement accounts ................................HB 149 Georgia Firefighters' Pension Fund; amend certain provisions..............................HB 534 Health insurance plans; state employees, teachers, public school
employees, retirees; combine funds..................................................................... SB 284 House Study Committee on Public Retirement Fund Investment in
Venture Capital; create ........................................................................................HR 197 Judges of the Probate Courts Retirement Fund; designating
surviving beneficiary ...........................................................................................HB 251 Judicial Retirement; certain judges or district attorneys;
creditable service .................................................................................................HB 821 Judicial Retirement; certain military service; creditable service............................HB 871 Judicial Retirement; creditable service; cease contributions..................................HB 868 Judicial Retirement; creditable service for certain prior service;
transfer contributions ...........................................................................................HB 486 Judicial Retirement; creditable service; prior service in
Employees' Retirement ........................................................................................HB 480 Judicial Retirement; include secretaries of superior court judges ..........................HB 474 Judicial Retirement; juvenile court judge; creditable service.................................HB 731 Judicial Retirement; secretaries of superior court judges.......................................HB 916 Judicial Retirement System; dates and election for
participation; amend ............................................................................................HB 492 Judicial Retirement System; superior court judge or district
attorney; creditable service ..................................................................................HB 895 Large retirement systems; certain investments; certain
percentage; requirements .....................................................................................HB 482 Legislative Retirement; member's salary and per diem..........................................HB 555 Peace Officers' Annuity and Benefit Fund; amend provisions...............................HB 348 Peace Officers' Annuity and Benefit Fund; certain creditable service ...................HB 101 Peace Officers' Annuity and Benefit Fund; prior service credit.............................HB 666 Peace Officers' Annuity and Benefit Fund; retirement credit;
funding CA .........................................................................................................HR 30 Peace Officers' Annuity Benefit Fund; credit for service prior
to 1/1/76 CA......................................................................................................HR 385 Public retirement; members convicted of certain crimes;
forfeit benefits......................................................................................................HB 529 Public retirement systems; compliance with Internal Revenue
Code; provisions ..................................................................................................HB 460 Public retirement systems; investment; limitation; current
market value.........................................................................................................HB 354 Public School Employees Retirement; increase allowable benefit ........................HB 645 Public School Employees Retirement; retire at 60 years of age
or 30 years of service ...........................................................................................HB 399 Regional education service agency employees; retirement options .......................HB 759

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INDEX

4693

Retirement and Pensions Code; corrections ...........................................................HB 178 Retirement; circuit public defender; select Employees' or Judicial
System..................................................................................................................HB 391 Retirement; large retirement systems; invest in securities .....................................HB 319 Retirement; prior military service credit ................................................................HB 253 Sheriffs' Retirement Fund; newly elected sheriff; eligibility .................................HB 937 Social Security; retirement accounts; urge Congressional delegation
work to pass ...........................................................................................................HR 63 State agencies; reports to General Assembly; notification of availability ............... SB 49 State employees' health insurance plan; coverage; certain community
service board retirees and dependents ................................................................. SB 268 Superior Court Clerks' Retirement; amend provisions...........................................HB 476 Superior Court Clerk's Retirement Fund; membership dues..................................HB 540 Superior Court Clerk's Retirement; survivors benefits;
amend provisions .................................................................................................HB 809 Teachers Retirement; 5 years service; vested benefit.............................................HB 126 Teachers Retirement; certain teachers and employees; eligibility;
repeal provision......................................................................................................HB 28 Teachers Retirement; creditable service; 29 years .................................................HB 129 Teachers Retirement; credit for prior service .........................................................HB 313 Teachers Retirement; credit for prior service .........................................................HB 483 Teachers Retirement; credit for service in underperforming school ......................HB 568 Teachers Retirement; early retirement; eliminate penalty......................................HB 131 Teachers Retirement; employee contribution; change amount ..............................HB 125 Teachers Retirement; increase retirement allowance multiplier ............................HB 127 Teachers Retirement; optional allowances; revoke in
event of divorce ...................................................................................................HB 936 Teachers Retirement; postretirement benefit increase; provisions.........................HB 400 Teachers Retirement; postretirement benefit increases; prior
service credit ........................................................................................................HB 314 Teachers Retirement; prior service credit; Regents Retirement.............................HB 554 Teachers Retirement; prior service; define.............................................................HB 464 Teachers Retirement; public school employees; transfer membership ..................HB 777 Teachers Retirement; reemployment of retired teachers........................................HB 495 Teachers Retirement; reemployment of retired teachers........................................HB 545 Teachers Retirement; reemployment of retired teachers........................................HB 626 Teachers Retirement System; members of local funds;
nonsectarian schools ............................................................................................HB 373
REVENUE (See Taxation and Revenue)
REVENUE BONDS Financial institutions; supplement definitions; amend provisions ........................... SB 82

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4694

INDEX

Health Care Bond Authority Act; enact .................................................................HB 198 House Study Committee on Health Care Bonds; create.........................................HR 774 State and local governments; revenue bonds; interest rate
management plan; derivative transactions........................................................... SB 227
REVEREND GEORGE VANDIVER MEMORIAL BRIDGE Designate ................................................................................................................HR 484 Designate ................................................................................................................HR 723
RICHMOND COUNTY Board of Health; appointments; terms of office .....................................................HB 721 Certain officials; compensation ..............................................................................HB 831
RICHMOND HILL, CITY OF Homestead exemption .............................................................................................. SB 37 New charter.............................................................................................................HB 360
RINCON, CITY OF Corporate limits ......................................................................................................HB 758 Homestead exemption; municipal purposes ...........................................................HB 904
RIVERS, LAKES, AND HARBOR DEVELOPMENT Coastal waters, beaches, and sand dunes; permits or variance applications; timely decisions .............................................................................HB 401 Deadhead logging operations in Altamaha or Flint rivers; authorize..................... SB 283 Fishing; authorize taking by hand under certain conditions...................................HB 301 House Coastal Georgia Sound Science Initiative Study Committee; create ..........HR 494 Jasper Port Study Committee; create........................................................................ SR 23 Negro Branch in Brooks County; rename Pride Branch ........................................HR 408 River Basin Protection Act; enact ............................................................................HB 55 Water resources; interbasin and intrabasin transfers; change certain provisions...................................................................................................HB 53
ROCKDALE JUDICIAL CIRCUIT; court reporters' salary; provisions .............HB 635
ROME, CITY OF; redevelopment powers; referendum......................................... SB 350
RONALD REAGAN DAY IN GEORGIA Designate February 6 annually ...............................................................................HB 713

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INDEX

4695

S
SALES AND USE TAX Certain motor vehicle transactions; change tax situs ...............................................HB 22 Certain tangible property used by contractors; amend provisions .........................HB 306 Change certain definitions ......................................................................................HB 111 Educational purposes; amend certain provisions....................................................HB 893 Educational purposes; authorization under certain conditions - CA....................................................................................................HR 773 Exemption; certain airline industry transactions ....................................................HB 341 Exemption; certain energy efficient products; limited time period ...........................................................................................................HB 559 Exemption; certain prescribed medical equipment ..................................................HB 11 Exemption; certain school clothes, supplies, computer items; limited time ..............................................................................................................HB 5 Exemption; electricity sales for crop irrigation; include nursery stock ........................................................................................................HB 658 Exemption; energy for production of manufactured goods....................................HB 209 Exemption; food and beverage; repeal; adjustment trust fund; create ...................HB 227 Exemption; fuel for certain swine raising purposes ...............................................HB 834 Exemption; granite; quarrying and manufacturing materials .................................HB 202 Exemption; professional hunting guide services ....................................................HB 435 Exemption; qualified job training organizations ....................................................HB 841 Exemptions; charitable sales to child care service providers; fuel sales for crop irrigation ........................................................................................HB 487 Exemptions for sales by child services agencies; clarify .......................................HB 541 Georgia Regional Transportation Authority; amend provisions ............................HB 281 Joint county and municipal sales tax on motor fuel; authorize; referendum ...........................................................................................................HB 797 Local option sales tax; capital outlay; eligible expenditures..................................HB 825 Local option sales tax; health care within special districts; provisions..................HB 688 MARTA; use of sales tax proceeds; extend sunset provisions............................... SB 114 Motor vehicles; certificate of title; proof of sales tax payment..............................HB 364 Municipal corporations; creation; revise provisions ................................................HB 36 Property tax for education; replace with sales tax CA ..........................................HR 58 Retailer selling service; sales tax imposition and collection ..................................HB 351 Sales tax situs; state resident; county of residence ...................................................HB 76 State and Local Tax Revision Act of 2005; enact ..................................................HB 488 State Public Transportation Fund; limits on collections and expenditures .........................................................................................................HB 361
SANDY SPRINGS, CITY OF; incorporate; new charter.........................................HB 37

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4696

INDEX

SAVANNAH, CITY OF Chatham County and City of Savannah; board of education; nonpartisan election .............................................................................................HB 262 International and Maritime Trade Center Authority; membership.........................HB 526 Jasper Port Study Committee; create........................................................................ SR 23
SCHOOL BUSES Railroad crossings used by school buses; upgrade protective devices ................................................................................................HB 715 Smoking on school bus or other public or private school vehicle transporting children; define offense ...................................................... SB 196
SCHOOLS (Also, see Education) Athletic trainers; service in schools; licensing requirements; exception..............................................................................................................HB 217 Bianca Walton Anti-Bullying Act; enact................................................................HB 424 Carrying weapons in school safety zones; prohibition; include parks ........................................................................................................HB 544 Charter schools; funding; revise and clarify certain provisions .............................HB 100 Charter schools; revise legislative intent; amend certain provisions......................HB 629 Division I-A football playoff system; urge NCAA implement ..................................HR 8 Early Care and Learning, Department of; voluntary parent education services; provisions ................................................................................ SB 1 Education; certain historical documents; prohibit restriction.................................HB 158 Education; certain textbooks; provide electronic format versions .........................HB 105 Education; evolution theory; teaching of factual scientific evidence.....................HB 179 Education; interscholastic athletics; physical examination form; Ryan Boslet Bill................................................................................................... SB 272 Education; local boards; allow certain donations of sick leave..............................HB 543 Education; program weights; expenditure controls; charter schools; student achievement; exception to certain driver's license requirement................ SB 35 Education; state accountability plan; urge inclusion of science...............................HR 61 Education; state accountability plan; urge inclusion of social studies .....................HR 60 Elementary and secondary education; grants; repeal provisions..............................HB 27 Georgia Education Authority; private schools lease public property; prohibit .................................................................................................HB 372 Governor's authority to suspend compulsory attendance laws; repeal provisions ....................................................................................................HB 26 Graduation test; students failing science portion; certain eligibility ......................HB 423 Health insurance plans; state employees, teachers, public school employees, retirees; combine funds..................................................................... SB 284 High school students; failure to pass graduation test; certain eligibility................HB 252

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INDEX

4697

High schools; sports events; athletic associations organize according to student enrollment ........................................................................................... SB 103
House Local School District Development Impact Fees Study Committee; create................................................................................................HR 230
Joint Study Committee on Reporting Requirements for Local School Systems; create ........................................................................................HR 410
Local boards of education; adopt code of ethics ......................................................HB 14 Local boards of education; driver education courses; provisions ..........................HB 814 Local boards of education; employment benefits; authorize
expenditure of funds .............................................................................................. SB 98 Local boards of education; establish start date of school year ...............................HB 285 Local boards of education; training members; amend certain provisions..............HB 250 Local government zoning decisions; effects on local school systems .....................HB 42 Loitering on school premises; failure to leave when requested;
penalty..................................................................................................................HB 465 Master Teacher Program and Academic Coach Program; create............................. SB 34 Nationally certified school psychologists, social workers, and
counselors; salary increase...................................................................................HB 625 Nonprofit youth development organizations; licensing; exemptions.....................HB 451 Private schools; prayer at athletic events; public school participation...................HB 678 Public schools; capital outlay funds; amend provisions.........................................HB 269 Public schools; meningococcal meningitis; vaccines; sample
educational materials ...........................................................................................HB 813 Public schools; moment of quiet reflection; provisions .........................................HB 807 Quality basic education; Georgia Virtual School; authorization
to establish ............................................................................................................. SB 33 School clubs; local boards provide information to parents; policies
and procedures .....................................................................................................HB 661 Smoking on school bus or other public or private school
vehicle transporting children; define offense ...................................................... SB 196 Student health; body mass index in report cards; provisions .................................HB 497 Student violence against teacher; remain in class at discretion of
teacher ..................................................................................................................HB 421 Voluntary school prayer; public religious speech; urge Congress
amend U. S. Constitution.....................................................................................HR 902
SCREVEN COUNTY; board of education; nonpartisan election...........................HB 817
SEAT BELTS Failure to wear; increase fine..................................................................................HB 257 Passenger vehicles; eliminate certain exceptions .....................................................HB 18

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4698

INDEX

SECRETARY OF STATE Division of Archives and History; recognize religious heritage; provisions.............................................................................................................HB 914 Elections and voting; amend provisions.................................................................HB 244 State Law Library; repeal provisions; delete references in Code; distribution of Georgia Laws and House and Senate Journals ............................ SB 216
SECURITIES Public retirement systems; investment; limitation; current market value.........................................................................................................HB 354 Retirement; large retirement systems; invest in securities .....................................HB 319
SELLING AND OTHER TRADE PRACTICES Assisted living facilities; Levels I and II; provisions .............................................HB 206 Commission on the Georgia Health Insurance Risk Pool; create...........................HB 320 Consumer reporting agencies; require notice of security breaches ........................HB 638 Fair Businesses Practice Act; spot delivery of motor vehicles; amend..................HB 879 Gambling; pyramid promotional schemes; define; prohibit................................... SB 141 Gift Card Integrity Act of 2005; enact...................................................................... SB 13 Information brokers; require notice to consumers of security breaches................. SB 230 Local government permits for certain Sunday events; repeal provisions............... SB 287 Museum Property Act; enact .................................................................................. SB 195 Phone cards; disclose terms at time of purchase; provisions .................................HB 245 Recreational vehicles; dealership franchise agreements ........................................ SB 155
SEMINOLE COUNTY; board of education; compensation ..................................HB 810
SENATE Community Living Services Joint Study Committee; create .................................HR 492 House clerk and Senate secretary; furnishing bonds; repeal provisions .................................................................................................. SB 260 Legislative branch employees; certain optional coverage under merit system; repeal provisions ........................................................................... SB 286 Legislative branch of government; amend budgetary provisions........................... SB 282 Notify House; Senate convened ................................................................................. SR 3 Notify Senate; House convened ...............................................................................HR 10 Oversight Committee for Planning to Provide Home and Community Based Services; create .....................................................................HR 633
SENTENCE AND PUNISHMENT Aggravated sodomy; change age limitation; provide for imposition of death penalty......................................................................................................HB 13

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INDEX

4699

Corrections; create division of probation/parole community-based supervision .............................................................................................................HB 65
Crime Victims Restitution Act of 2005; enact .......................................................HB 172 Criminal Justice Act of 2005; enact .......................................................................HB 170 Criminal procedure; selection of victim or property;
enhance sentencing ..............................................................................................HB 890 Criminal procedure; serious violent offenders; eliminate
mandatory minimum punishment........................................................................HB 607 Criminal solicitation; crime punishable by death or life
imprisonment; penalty .........................................................................................HB 398 Murder; certain offender not sentenced to death; life without parole ....................HB 248 Probation/Parole Community Based Supervision, Department of;
create ......................................................................................................................HB 60 Repeat offenders; certain murder conviction; life without parole............................ SB 57 State ordered executions; protect physicians and medical
professionals licensure...........................................................................................HB 57 Work release programs; felony sentences; provisions ...........................................HB 432
SEWAGE AND SEPTIC TANKS Plumbing; licensure requirements; exceptions .......................................................HB 207 Septic tank waste; regulation and permitting; certain land disposal sites ..........................................................................................................HB 54 Sewage Holding Tank Act; revise ..........................................................................HB 352 Sewage management systems; licensed plumbers; allow certain work .................HB 724 Sewerage service suppliers; include storm-water runoff; prohibit certain liens ............................................................................................HB 640
SEXUAL OFFENSES Aggravated child molestation; prosecution; amend time limitation.......................HB 169 Aggravated sodomy; change age limitation; provide for imposition of death penalty......................................................................................................HB 13 Registered sexual offender; publish photo in legal organ ......................................HB 188 Serious sexual offenders; satellite based monitoring; authorize program ................................................................................................HB 886 Sexual offender registry; amend registration requirements; change and add certain definitions...................................................................................HB 106 Sexual offender registry; pardon or parole; registration verification .....................HB 171 Sexual offender registry; sexually violent offense; redefine..................................HB 140 Sexual offenses; raise the age of consent to 18 years of age..................................HB 722
SHERIFFS County officers; nonpartisan elections .....................................................................HB 63

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4700

INDEX

County officers; nonpartisan elections; General Assembly provide by local law...............................................................................................HB 62
Elections; sheriffs; nonpartisan elections ................................................................. SB 80 Engaging in certain businesses; violation of oath ..................................................HB 323 Nonpartisan elections..............................................................................................HB 241 Nonpartisan elections; include certain county officers...........................................HB 433 Sheriffs' Retirement Fund; newly elected sheriff; eligibility .................................HB 937 Suspension; maximum time and extension ............................................................HB 349 Tax commissioners and tax collectors; tax sales proceeds;
ex officio sheriffs .................................................................................................HB 527 Vacancies in office; amend provisions...................................................................HB 521
SOCIAL CIRCLE, CITY OF Corporate limits ........................................................................................................ SB 42 New charter.............................................................................................................HB 457
SOCIAL SERVICES Ambulance services; reimbursement; Medicaid recipients; provisions .................HB 909 Bill of Rights for Children in Foster Care; urge discussion by Department of Human Resources and child advocates .......................................HR 300 Children and youth services; child protective services workers; amend provisions .................................................................................................HB 605 Child support; debt to state for unreimbursed public assistance payments; negotiation, waiver, or reduction.......................................................... SB 52 Code Titles 31, 44, and 49; conform references to House and Senate committee names......................................................................................HB 309 Department of Community Health; contract with care management; drug rebates; require refund.................................................................................HB 358 Family planning services; medical referral; requirements .....................................HB 566 Food stamps; urge Department of Human Resources eliminate vehicle asset test...................................................................................................HR 366 Georgia Long-Term Care Partnership Program Act; enact ....................................HB 133 Georgia Long-Term Care Partnership Program Act; enact .................................... SB 112 Georgia Rural Development Council; create; state service delivery regions; amend description.................................................................... SB 144 Georgia Taxpayer and Citizen Protection Act; enact .............................................HB 911 Health care management organizations; quality assessment fee; Indigent Care Trust Fund..............................................................................HB 392 Health insurance; patient's right to independent review; medical assistance; PeachCare; Joint Committee to Study Prescription Costs in State Funded Health Care Plans ........................................ SB 140 Housing authorities; private enterprise agreement .................................................HB 685 Human Resources; criminal history information; provisions.................................HB 180

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INDEX

4701

Illegal aliens; bar from receiving public funded services - CA..............................HR 256 Long-Term Care Partnership Program; establish ...................................................HB 643 Medicaid or state funded health care programs; immunosuppressives;
required coverage.................................................................................................HB 602 PeachCare; enroll children of public employees; urge
congressional action.............................................................................................HR 171 Physicians; state health insurance plans; require Medicaid participation ................HB 73 State agencies; reports to General Assembly; notification of availability ............... SB 49 State budgeting; comprehensive revision of provisions; legislative
budget offices....................................................................................................... SB 254 State funded health care; applicants submit employment data; provisions............HB 548 The Emergency Food Assistance Program; food distribution; urge
Department of Human Resources raise eligibility level ......................................HR 412
SOIL AND WATER CONSERVATION Ground-water withdrawal; permits; measuring devices; amend provisions .................................................................................................HB 746 Soil Scientists Licensing Act; licensure; regulations ............................................... SB 95 Water resources; interbasin and intrabasin transfers; change certain provisions...................................................................................................HB 53
SOUTH CAROLINA, STATE OF Jasper Port Study Committee; create........................................................................ SR 23
SOUTHERN JUDICIAL CIRCUIT Judges; supplement compensation..........................................................................HB 610 Judicial Circuits; Appalachian, Cherokee, Flint, Gwinnett, and Southern circuits; add judgeships ...................................................................HB 97
SPINAL CORD AND HEAD-INJURED PERSONS Traumatic brain and spinal cord injuries; state-wide central registry; reports to Brain and Spinal Injury Trust Fund Commission ............................... SB 208
SPORTS Adapted sports for disabled students; funded by Department of Education.........................................................................................................HB 900 Athletic and Entertainment Commission; martial arts, wrestling, boxing; amend provisions.................................................................................... SB 224 Athletic trainers; service in schools; licensing requirements; exception................HB 217 Division I-A football playoff system; urge NCAA implement ..................................HR 8 Dooley-Sanford Stadium; designate at University of Georgia.................................HR 13 Education; interscholastic athletics; physical examination form; Ryan Boslet Bill................................................................................................... SB 272

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4702

INDEX

High schools; sports events; athletic associations organize according to student enrollment .......................................................................... SB 103
Local government permits for certain Sunday events; repeal provisions............................................................................................................. SB 287
NASCAR Hall of Fame; urge to locate in Atlanta .................................................HR 568 Private schools; prayer at athletic events; public school participation...................HB 678 Professional athletes; urge proper conduct and good sportsmanship.......................HR 89 Special license plates; Atlanta Braves professional sports team
501(c)3 foundation............................................................................................... SB 142 Special license plates; Atlanta Falcons professional sports team
501(c)3 foundation............................................................................................... SB 239 State-wide tourism marketing program; Department of Economic
Development; state halls of fame ........................................................................ SB 125 Ticket brokers; amend regulating provisions .........................................................HB 318
STATE COURTS OF COUNTIES (Also, see Courts) Clerks of courts; documents and records; create and maintain digital copies ........................................................................................................HB 453 Courts; requesting judicial assistance from other courts, judges, and senior judges .....................................................................................HB 609 Superior court clerk; serve in state, magistrate, and juvenile court of county .....................................................................................................HB 475 Supreme Court, Appeals Court, superior and state courts; judges; partisan elections - CA.........................................................................................HR 855
STATE EMPLOYEES Employees' health insurance; certain members of local boards of education; provide benefits .............................................................................HB 920 Employees' Retirement; allowable service; change provisions..............................HB 644 Employees' Retirement and Judicial Retirement; certain membership; creditable service .................................................................................................HB 336 Employees' Retirement; assistant district attorney or public defender; certain creditable service .....................................................................HB 479 Employees' Retirement; certain groups included ...................................................HB 362 Employees' Retirement; certain Housing and Finance Authority service; creditable service.................................................................................... SB 161 Employees' Retirement; certain law enforcement officers; amend provisions .................................................................................................HB 132 Employees' Retirement; certain temporary full-time service; credit......................HB 104 Employees' Retirement; creditable service; community service board..................HB 851 Employees' Retirement; disability benefits; amend provisions..............................HB 459 Employees' Retirement; group term life; define.....................................................HB 463

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INDEX

4703

Employees' Retirement; optional retirement allowances; technical corrections ............................................................................................HB 381
Employees' Retirement; State Patrol; retire at 55 years or 25 years of service ....................................................................................................HB 578
Employees' Retirement; temporary full-time or part-time; additional creditable service ................................................................................HB 434
Fraud, waste, abuse in state operations; whistleblower; prohibit retaliation....................................................................................................HB 8
Health insurance funds; teachers and school employees; combine with other funds ...................................................................................................HB 524
Health insurance plans; state employees, teachers, public school employees, retirees; combine funds..................................................................... SB 284
Judicial Retirement; creditable service; prior service in Employees' Retirement ........................................................................................HB 480
Legislative branch employees; certain optional coverage under merit system; repeal provisions ........................................................................... SB 286
Low-interest mortgage loans for certain government employees; provide - CA ........................................................................................................HR 903
Optional employee benefit plans; certain governmental entities; administrative fees ...............................................................................................HB 388
Physicians; state health insurance plans; require Medicaid participation ................HB 73 Public employees; fraud, waste, and abuse; complaints or information ................HB 656 Public employees; fraud, waste, and abuse; complaints or information ................HB 665 Public Employees Labor Relations Commission; create........................................HB 606 Regional education service agency employees; retirement options .......................HB 759 Retirement; circuit public defender; select Employees' or Judicial System...........HB 391 State agencies and officers; certain grants; prohibition; exceptions ...................... SB 154 State employees; certain deferred compensation plans;
transfer administration .........................................................................................HB 275 State employees health insurance plan; coverage; certain community
service board retirees and dependents ................................................................. SB 268 State employees insurance; certain surviving dependents or spouse ..................... SB 236 State employees; payroll deductions; certain non-profit organizations;
include corrections officers..................................................................................HB 183 State Health Benefit Plan; certain vested judges and district
attorneys; continue coverage ...............................................................................HB 383 State officials and employees; mileage and travel expenses;
amend provisions .................................................................................................HB 878
STATE FLAG, SEAL, AND OTHER SYMBOLS State flag; change design; advisory referendum.......................................................HB 15 State songs of patriotic heritage; designate ............................................................HB 939 State symbols; designate green tree frog as official state amphibian....................... SB 41

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4704

INDEX

Valdosta State University's Peach State Summer Theatre; designate official musical theatre ........................................................................HB 343
Valdosta State University's Peach State Summer Theatre; designate official musical theatre ..........................................................................HR 84
STATE GOVERNMENT Community Service Board Overview Commission; create......................................HB 35 Council on Affordable Housing; create....................................................................HB 39 Court reports; rules and decision compilations; provisions ...................................HB 514 Coverdell, Paul D.; rename Legislative Office Building in his honor ............................................................................................................HR 47 Dent-Daugherty-Hamilton Legislative Office Building; rename Legislative Office Building.......................................................................HR 72 Department of Driver Services; create as successor to Department of Motor Vehicle Safety ......................................................................................HB 501 Emergency management; "Mattie's Call Act"; create ............................................HB 794 English; official language of US government; urge Congress enact........................HR 29 Environmental Facilities Authority; rename; amend provisions............................HB 436 Environmental protection; permits; appeals; stays................................................. SB 190 Executive branch; privatization contracts; requirements........................................HB 472 Fraud, waste, abuse in state operations; whistleblower; prohibit retaliation....................................................................................................HB 8 Georgia Procurement Registry; certain bid advertisements; local governments ................................................................................................HB 833 Georgia Regional Transportation Authority; amend provisions ............................HB 281 Georgia Rural Development Council; create; state service delivery regions; amend description.................................................................... SB 144 Georgia Smokefree Air Act of 2005; enact ............................................................HB 426 Georgia Transportation Infrastructure Bank Act; enact .........................................HB 137 Governmental agencies; prohibit employment of persons illegally in country .............................................................................................................HB 177 Health insurance plan; state or political subdivisions; definition...........................HB 371 Henry McNeal Turner Tribute Commission; create; Joint Commission for Recognition of Public Servants; create ............................................................ SR 88 House Study Committee on State Mileage Reimbursement Rate; create ..........................................................................................................HR 910 Innocent Persons' Compensation Act; provisions ..................................................HB 682 Interlocal Cooperation Act; enact...........................................................................HB 570 Job Development Authority; promote creation and retention of jobs ..................................................................................................................HB 630 Legislative branch of government; amend budgetary provisions........................... SB 282 Lottery for education; method of payment for tickets............................................HB 346

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INDEX

4705

Lovejoy to Atlanta rail project; obligation of state; operating subsidy agreements ..............................................................................................HR 254
Managerial control over acquisition of professional services; amend provisions .................................................................................................HB 155
Miller-Coverdell Legislative Office Building; naming ............................................HR 70 Misdemeanor traffic offenses; fines to be paid into state treasury.............................HB 6 Misdemeanor traffic offenses; fines to be paid into state treasury.........................HB 419 Motor vehicles; registration and licensing; government owned
vehicles; remove certain requirement ..................................................................HB 478 Motor vehicles; state vehicles; license plates; requirements ..................................HB 363 Nonprofit Contractor Oversight Panel; establish....................................................HB 138 Open meetings; certain exclusions; open records; certain requirement .................HB 684 Open records and open meetings; local and state governments;
exceptions - CA ...................................................................................................HR 411 Open records; educational facilities; campus police activities............................... SB 153 Open records; exempt certain motorist records of State Road
and Tollway Authority......................................................................................... SB 121 Optional employee benefit plans; certain governmental entities;
administrative fees ...............................................................................................HB 388 Public disclosure; exempt certain personal information ........................................HB 437 Public disclosure of records; certain exception; clarify .........................................HB 874 Public disclosure of records; postsecondary educational institutions;
donors personal information ................................................................................HB 340 Public employees; fraud, waste, and abuse; complaints or information ................HB 656 Public employees; fraud, waste, and abuse; complaints or information ................HB 665 Public officers and employees; certain promotions and
campaign activities; prohibit................................................................................HB 145 Public records; economic development; exemption and disclosure
of certain records .................................................................................................HB 218 Public road funds; allocation and balancing; exempt certain projects ...................HB 723 Public roads; allocation of state and federal funds; change provisions....................HB 16 Public transportation; governmental function; create corporation
or authority - CA..................................................................................................HR 168 Regional development centers; fee for reviewing certain actions
by local governments ...........................................................................................HB 604 Sales tax; certain tangible property used by contractors;
amend provisions .................................................................................................HB 306 Small Business Administration regulations of certain nonprofit
corporations; service area include entire state .......................................................HR 66 State Accounting Office; create..............................................................................HB 190 State Accounting Office; create..............................................................................HB 293 State agencies and officers; certain grants; prohibition; exceptions ...................... SB 154 State agencies; impounded property; notification of owner...................................HB 109

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4706

INDEX

State agencies; reports to General Assembly; notification of availability ......................................................................................................... SB 49
State and federal highway funds; equal division among congressional districts; budgeting periods............................................................... SB 4
State and local government purchasing contracts; preference for Georgia products and vendors..........................................................................HB 91
State and local governments; revenue bonds; interest rate management plan; derivative transactions........................................................... SB 227
State budgeting; comprehensive revision of provisions; legislative budget offices ..................................................................................... SB 254
State Commission on the Efficacy of the Certificate of Need Program; create...........................................................................................HB 390
State departments; revisions and transfer of powers and duties.............................HB 312 State flag; change design; advisory referendum.......................................................HB 15 State Law Library; repeal provisions; delete references in Code;
distribution of Georgia Laws and House and Senate Journals ............................ SB 216 State officials and employees; mileage and travel expenses;
amend provisions .................................................................................................HB 878 State officials and employees; travel expenses; change mileage rate ....................HB 670 State Planning for Increased Community Access Act; enact .................................HB 680 State property and space management; comprehensive revision
of provisions ........................................................................................................ SB 158 State songs of patriotic heritage; designate ............................................................HB 939 State symbols; designate green tree frog as official state amphibian....................... SB 41 State-wide tourism marketing program; Department of Economic
Development; state halls of fame ........................................................................ SB 125 Unmarried persons; certain benefits; neutrality of state
and local laws.........................................................................................................HB 67 Valdosta State University's Peach State Summer Theatre;
designate official musical theatre ........................................................................HB 343 Valdosta State University's Peach State Summer Theatre;
designate official musical theatre ..........................................................................HR 84 Vending facilities on state property; blind vendors; revise and
add definitions......................................................................................................HB 337
STATE PATROL (See Law Enforcement Officers and Agencies or Public Safety, Department of)
STATE PRINTING AND DOCUMENTS Businesses that collect computerized data; disclose breach of security.................................................................................................HB 648 Civil practice; production of documents; amend provisions..................................HB 912 Court reports; rules and decision compilations; provisions ...................................HB 514

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INDEX

4707

Open meetings; certain exclusions; open records; certain requirement .................HB 684 Open records; educational facilities; campus police activities............................... SB 153 Open records; exempt certain motorist records of State Road and
Tollway Authority................................................................................................ SB 121 Public disclosure of records; certain exception; clarify .........................................HB 874 Public disclosure of records; postsecondary educational institutions;
donors personal information ................................................................................HB 340 Public records; economic development; exemption and disclosure
of certain records .................................................................................................HB 218
STATE PROPERTY (See Public Property)
STEPHENS COUNTY Probate judge; nonpartisan elections ......................................................................HB 332 Stephens County School Building Authority; create..............................................HB 837
STEWART COUNTY; dispersing clerk; appointment, bond, and duties ..............HB 466
STOCKBRIDGE, CITY OF; elected officials; membership on boards ................HB 697
STONE MOUNTAIN, CITY OF Homestead exemption; certain residents ................................................................HB 703
STONE MOUNTAIN JUDICIAL CIRCUIT Judges; compensation; supplement ........................................................................HB 789
STREET GANG TERRORISM AND PREVENTION Georgia Street Gang Terrorism and Prevention Act; amend provisions................HB 130 Street gang terrorism and prevention; amend and add certain definitions ............... SB 58
SUPERIOR COURTS Judicial Circuits; Appalachian, Cherokee, Flint, Gwinnett, and Southern circuits; add judgeships ...................................................................HB 97 Cherokee Judicial Circuit; add new judge..............................................................HB 204 County boards of equalization; appeals to superior courts; repeal right ................HB 896 Divorce; additional filing fee for Children's Trust Fund ........................................HB 224 Driver's education and minors; traffic fines; Georgia Driver's Education Commission; Joshua's Law ................................................................ SB 226 Family Court Division; Superior Court of Fulton County; pilot project ..........................................................................................................HB 296 Flint Judicial Circuit; add judge .............................................................................HB 134 Gwinnett Judicial Circuit; add judge ......................................................................HB 489

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4708

INDEX

Judicial Retirement; certain judges or district attorneys; creditable service .................................................................................................HB 821
Judicial Retirement; include secretaries of superior court judges ..........................HB 474 Judicial Retirement; secretaries of superior court judges.......................................HB 916 Juvenile court; jurisdiction; transferring cases from Superior Court .....................HB 325 Juvenile court; superior court transferring certain cases;
amend provisions .................................................................................................HB 181 Magistrate court; certain cases; right of removal for jury trial...............................HB 677 Notaries public; additional qualifications; applications;
amend provisions .................................................................................................HB 494 Pataula Circuit; change certain terms of court........................................................ SB 264 Pretrial proceedings; certain indicted minors; jurisdiction of
superior courts...................................................................................................... SB 135 Public Service Commission; superior court filing of certain
orders; venue; judgment ...................................................................................... SB 210 Superior court clerk; serve in state, magistrate, and juvenile
court of county .....................................................................................................HB 475 Superior Court Clerks' Retirement; amend provisions ..........................................HB 476 Superior Court Clerks' Retirement Fund; membership dues; provisions ..............HB 540 Superior Court Clerks' Retirement; survivors benefits;
amend provisions .................................................................................................HB 809 Superior courts; family court division; authorize creation .....................................HB 297 Supreme Court, Appeals Court, superior and state courts; judges;
partisan elections - CA.........................................................................................HR 855
SUPREME COURT Joint session; message from Chief Justice of Supreme Court................................HR 165 Law school graduates; state bar exam; Supreme Court powers .............................HB 150 President's Supreme Court nominees; urge Georgia U.S. Senators to support .............................................................................................................HR 167 Supreme Court, Appeals Court, superior and state courts; judges; partisan elections - CA.........................................................................................HR 855

T
TANNING FACILITIES; definitions and provisions ............................................HB 702
TAXATION AND REVENUE Ad valorem tax; aircraft held in inventory; exclude...............................................HB 211 Ad valorem tax; appraisal value; owner's acquisition cost - CA..............................HR 85 Ad valorem taxation; homeowner tax relief grants; tax executions; amend certain provisions .....................................................................................HB 116
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INDEX

4709

Ad valorem tax; certain charitable institutions; exemption....................................HB 370 Ad valorem tax; county tax assessors; property valuation appeal;
change certain provision ......................................................................................HB 560 Ad valorem tax; county tax digest; assessed valuations.........................................HB 516 Ad valorem taxes; transfer of tax executions; amend
certain provisions.................................................................................................HB 931 Ad valorem tax; exempt certain income of nonprofit
museums; referendum..............................................................................................HB 3 Ad valorem tax; exempt certain nonprofit museums; referendum.............................HB 2 Ad valorem tax; exempt farm equipment under lease
purchase agreement..............................................................................................HB 203 Ad valorem tax levy; repeal certain provisions ......................................................HB 849 Ad valorem tax; limitations on millage rate or valuation increases - CA ..................HR 1 Ad valorem tax; limitations on millage rate or valuation increases - CA ..................HR 2 Ad valorem tax; limitations on millage rate or valuation increases - CA ..................HR 3 Ad valorem tax; limitation upon rate of increase in value - CA ............................HR 162 Ad valorem tax; mobile homes; amend certain provisions ....................................HB 739 Ad valorem tax; motor vehicles and mobile homes;
registration provisions..........................................................................................HB 255 Ad valorem tax returns; real property and tangible personal
property located on premises of airports ............................................................. SB 291 Ad valorem tax; tangible property; eliminate CA ...............................................HR 634 Ad valorem tax; veterans organizations; exemption ..............................................HB 173 Alcoholic beverages; counterfeiting, forging, or reuse of
tax stamps; repeal provisions...............................................................................HB 558 Bona fide conservation use property; breach of covenant; exceptions ......................HB 1 Business and occupation tax; certain regulatory fees by
local governments ................................................................................................HB 304 Coin operated amusement machines; change certain provisions ...........................HB 123 Cost-of-Living Tax Fairness Act; enact .................................................................HB 182 County boards of equalization; appeals to superior
courts; repeal right ...............................................................................................HB 896 Crime Victims Restitution Act of 2005; enact .......................................................HB 172 Death tax; urge congressional delegation work to abolish.....................................HR 133 Dog and cat sterilization fund; contributions; state
income tax returns................................................................................................HB 452 Estate tax; change certain definitions .....................................................................HB 113 Excise tax; cigars and cigarettes; change definitions .............................................HB 124 Excise tax; hotels and motels; change certain definitions ......................................HB 120 Excise tax; motor vehicle rentals; change definitions ............................................HB 115 Excise tax; rental motor vehicles; gradual elimination ..........................................HB 136 Fair Tax Act; urge Congress to enact .........................................................................HR 5

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4710

INDEX

Georgia Economic Development and Fiscal Accountability Act; enact ....................................................................................HB 551
Georgia Entertainment Industry Investment Act; provisions.................................HB 539 Georgia Public Revenue Code; repeal certain statutes and provisions ..................HB 556 Homestead exemption; disabled veterans; increase ...............................................HB 803 Homestead exemption; disabled veterans; surviving
spouses who remarry ...........................................................................................HB 315 Homestead exemption; unremarried surviving spouse of
deceased spouse .....................................................................................................HB 81 Homestead exemptions; senior citizens; actual levy amount .................................HB 848 Hotels and motels; 5 percent tax rate; counties promoting tourism;
conventions, trade shows ..................................................................................... SB 194 Hotel-motel tax; certain trails and walkways; expenditure
requirements; rates levied ....................................................................................HB 374 Hotel-motel tax; local governments; amend provisions.........................................HB 765 Hotel-motel tax; review board; amend certain provisions .....................................HB 505 House Taxpayer Bill of Rights Study Committee; create ......................................HR 340 Income tax; broadband equipment; exemption ......................................................HB 742 Income tax; change certain definitions...................................................................HB 112 Income tax; corporations; allocation and apportionment
formulas; revise....................................................................................................HB 191 Income tax; corporations; gradual reduction; abolishment ......................................HB 24 Income tax credit; businesses adding employees; computation .............................HB 468 Income tax credit; certain purchased or leased hybrid vehicles ...............................HB 21 Income tax credit; teleworking for limited period of time .....................................HB 194 Income tax credits; certain businesses; less developed areas.................................HB 389 Income tax credits; certain counties; wireless
telecommunications carrier..................................................................................HB 536 Income tax credits; certain volunteer firefighters...................................................HB 930 Income tax credits; telecommuting; employers convert
certain work force ................................................................................................HB 393 Income tax; deduction; cost of certain classroom supplies
and materials by educators...................................................................................HB 263 Income tax deductions; purchases treated as expenses;
contributions; Georgia National Guard ...............................................................HB 282 Income tax; exclude capital gain on certain property conversion ..........................HB 210 Income tax; exclude certain severance pay ............................................................HB 208 Income tax; military income exclusion; amend......................................................HB 167 Income tax; military income exclusion; amend provisions....................................HB 538 Intangible tax; property in more than one county; prorated payment ....................HB 265 Joint county and municipal sales tax on motor fuel;
authorize; referendum ..........................................................................................HB 797 Joint emergency 911 system authorities; property tax exemption .........................HB 770

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INDEX

4711

Joint emergency 911 system authorities; property tax; exemptions.......................HB 791 Local option sales tax; capital outlay; eligible expenditures..................................HB 825 Local option sales tax; health care within special districts; provisions..................HB 688 MARTA; use of sales tax proceeds; extend sunset provisions............................... SB 114 Motor fuel tax; additional exemption; limited time period; provisions .................HB 384 Motor fuel tax; change certain definitions..............................................................HB 114 Municipal corporations; creation; revise provisions ................................................HB 36 Occupation taxes; administrative or regulatory fees;
exemption certification ........................................................................................HB 442 Pari-mutuel betting; remove prohibition; taxation; dedication
of revenue - CA......................................................................................................HR 90 Property sold for taxes; redemption provisions........................................................HB 40 Property tax for education; replace with sales tax - CA ...........................................HR 58 Real estate transfer tax; General Assembly impose by local law...........................HB 631 Revenue and taxation; change certain provisions regarding definitions ................HB 122 Revenue, Department of; amend provisions...........................................................HB 128 Revenue, Department of; contracting private entities for
collections; prohibit .............................................................................................HB 652 Sales and use tax; certain motor vehicle transactions;
change tax situs......................................................................................................HB 22 Sales and use tax; change certain definitions .........................................................HB 111 Sales tax; certain tangible property used by contractors;
amend provisions .................................................................................................HB 306 Sales tax; educational purposes; amend certain provisions....................................HB 893 Sales tax exemption; certain airline industry transactions .....................................HB 341 Sales tax exemption; certain energy efficient products;
limited time period...............................................................................................HB 559 Sales tax exemption; certain prescribed medical equipment....................................HB 11 Sales tax exemption; certain school clothes, supplies, computer
items; limited time ...................................................................................................HB 5 Sales tax exemption; electricity sales for crop irrigation; include
nursery stock ........................................................................................................HB 658 Sales tax exemption; energy for production of manufactured goods .....................HB 209 Sales tax exemption; food and beverage; repeal; adjustment
trust fund; create ..................................................................................................HB 227 Sales tax exemption; fuel for certain swine raising purposes.................................HB 834 Sales tax exemption; granite; quarrying and manufacturing
materials...............................................................................................................HB 202 Sales tax exemption; professional hunting guide services .....................................HB 435 Sales tax exemption; qualified job training organizations .....................................HB 841 Sales tax exemptions; charitable sales to child care service
providers; fuel sales for crop irrigation ...............................................................HB 487 Sales tax; exemptions for sales by child services agencies; clarify........................HB 541

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4712

INDEX

Sales tax for educational purposes; authorization under certain conditions - CA....................................................................................................HR 773
Sales tax on food and beverage; fund relief from ad valorem tax - CA..................................................................................................................HR 93
Sales tax; retailer selling service; imposition and collection..................................HB 351 Sales tax situs; state resident; county of residence ...................................................HB 76 Setoff debt collection; claimant agencies; include public
housing authorities...............................................................................................HB 429 Special county 1 percent sales tax; amend provisions............................................HB 493 State agencies; reports to General Assembly; notification
of availability ......................................................................................................... SB 49 State and Local Tax Revision Act of 2005; enact ..................................................HB 488 State Public Transportation Fund; limits on collections
and expenditures ..................................................................................................HB 361 Taxable net income; certain business relocations; exclude
attributable income ................................................................................................HB 12 Taxation of intangibles; real estate transfer tax; amend
certain provisions.................................................................................................HB 117 Tax commissioners and tax collectors; tax sales proceeds;
ex officio sheriffs .................................................................................................HB 527 Tax executions; amend provisions regarding issuance ..........................................HB 118 Tax executions and judicial sales; prohibit certain sales; exceptions.......................HB 38 Tax executions; certain transfers; required notice; amend provisions ...................HB 447 Tax executions; deed or bill of sale; purchaser information ..................................HB 110 Tax executions; issuance and transfer; amend provisions......................................HB 448 Tax executions; prohibit sales ................................................................................HB 157 Tax executions; property; prohibit sale to county tax commissioners ...................HB 368 Tax executions; regulate transfers; prohibit certain sales.......................................HB 226 Tax sales; amend procedures under levies and executions ....................................HB 121 Tax sales; disposition of excess proceeds; amend certain provision......................HB 445 Tax sales; excess proceeds; redemption period; amend provisions .......................HB 446 Tax sales; notice period; amount payable for redemption......................................HB 103 U. S. Senators from Georgia; support repeal of excise tax
on telecommunications ........................................................................................HR 113
TEACHERS (Also, see Education) Bianca Walton Anti-Bullying Act; enact................................................................HB 424 Bill of Rights for Georgia Teachers; enact.............................................................HB 815 Early Care and Learning, Department of; voluntary parent education services; provisions ................................................................................. SB 1 Education; local boards; allow certain donations of sick leave..............................HB 543 Health insurance funds; teachers and school employees; combine with other funds ...................................................................................................HB 524

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INDEX

4713

Health insurance plans; state employees, teachers, public school employees, retirees; combine funds ......................................................... SB 284
Income tax; deduction; cost of certain classroom supplies and materials by educators .........................................................................................HB 263
Juries; exemption; caregivers of certain children ...................................................HB 376 Master Teacher Program and Academic Coach Program; create............................. SB 34 Student violence against teacher; remain in class at discretion
of teacher..............................................................................................................HB 421 Teacher education; urge inclusion of health and physical
education courses.................................................................................................HR 395 Teachers Retirement System; members of local funds;
nonsectarian schools ............................................................................................HB 373 Teachers Retirement; 5 years' service; vested benefit............................................HB 126 Teachers Retirement; certain teachers and employees; eligibility;
repeal provision......................................................................................................HB 28 Teachers Retirement; creditable service; 29 years .................................................HB 129 Teachers Retirement; credit for prior service .........................................................HB 313 Teachers Retirement; credit for prior service .........................................................HB 483 Teachers Retirement; credit for service in underperforming school ......................HB 568 Teachers Retirement; early retirement; eliminate penalty......................................HB 131 Teachers Retirement; employee contribution; change amount ..............................HB 125 Teachers Retirement; increase retirement allowance multiplier ............................HB 127 Teachers Retirement; optional allowances; revoke in event
of divorce .............................................................................................................HB 936 Teachers Retirement; postretirement benefit increase; provisions.........................HB 400 Teachers Retirement; postretirement benefit increases; prior
service credit ........................................................................................................HB 314 Teachers Retirement; prior service credit; Regents Retirement.............................HB 554 Teachers Retirement; prior service; define.............................................................HB 464 Teachers Retirement; public school employees; transfer membership ..................HB 777 Teachers Retirement; reemployment of retired teachers........................................HB 495 Teachers Retirement; reemployment of retired teachers........................................HB 545 Teachers Retirement; reemployment of retired teachers........................................HB 626
TELEPHONE AND TELEGRAPH SERVICE Cellular telephone service; certain requirements; provisions.................................HB 303 Income tax credits; certain counties; wireless telecommunications carriers..........HB 536 Joint emergency 911 system authorities; property tax exemption .........................HB 770 Joint emergency 911 system authorities; property tax; exemptions.......................HB 791 Military members on ordered duty; extend certain licenses; jury duty exemption; termination of certain contracts......................................... SB 258 Motor vehicles; use of mobile phone; prohibit certain drivers...............................HB 322 911 emergency service; billing charges; amend.....................................................HB 174

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4714

INDEX

911 telephone charges; billing, collection, and use; provisions .............................HB 148 Nonemergency "311" phone system; establish and operate in
conjunction with "911" emergency system ......................................................... SB 113 Obstructing placement of emergency phone calls; redefine offense......................HB 187 Official Code of Georgia; change references to "911" to read 9-1-1 .....................HB 470 Oral or wireless transmissions; pen register or trap and trace
device; judicial order ........................................................................................... SB 269 Phone cards; disclose terms at time of purchase; provisions .................................HB 245 Public Service Commission; audible universal information
access services for the blind; guidelines; funding ...............................................HB 669 Telecommunications; audible information access system for
blind citizens ........................................................................................................HB 655 Telegraph companies; dispatch or message deliveries; repeal
certain provision ..................................................................................................HB 622 Telephone and telegraph service; Joint Study Committee; reconstitute ................HB 738 Telephone service; unsolicited commercial facsimile messages............................HB 162 Telephone system for physically impaired; state-wide
telecommunications system; provisions ................................................................ SB 91 U. S. Senators from Georgia; support repeal of excise tax
on telecommunications ........................................................................................HR 113 Wireless telephone service; directory information; certain consent
of subscribers ......................................................................................................... SB 46
TELEVISION Cable service providers; certificates of authority; Public Service Commission issue and regulate .............................................................................HB 90 House Film and Video Game Technology Study Committee; create ....................HR 642 Missing disabled adults; alert system; urge coordination by certain entities ......................................................................................................HR 414
TEMPLE, CITY OF; new charter...........................................................................HB 756
TENNESSEE, STATE OF Hamilton County, Tennessee; convey property .....................................................HR 193
TERRORISM Georgia Bureau of Investigation; director's title; mobile cocaine education van.......................................................................................... SB 146 Georgia Street Gang Terrorism and Prevention Act; amend provisions................HB 130 Street gang terrorism and prevention; amend and add certain definitions ............... SB 58
THEFT Crimes; theft by conversion of health care benefits; define offense ......................HB 214

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INDEX

4715

Information brokers; require notice to consumers of security breaches................. SB 230 Residential Mortgage Fraud Act; enact; include in racketeering
activity definition................................................................................................. SB 100 Theft; certain services or property knowingly obtained by deception ...................HB 236
THOMAS COUNTY Southern Judicial Circuits; judges; supplement compensation ..............................HB 610
THOMASVILLE, CITY OF; board of education; vacancies ................................ SB 309
TIFT COUNTY; board of commissioners; amend certain provisions ....................HB 863
TOBACCO AND TOBACCO RELATED PRODUCTS Excise tax; cigars and cigarettes; change definitions .............................................HB 124 Georgia Smokefree Air Act of 2005; enact ............................................................HB 426 House Study Committee on Tobacco Tax Evasion; create ....................................HR 428 Leaf tobacco sales and storage; grading; repeal certain provision ......................... SB 290 Smokefree Air Act of 2005; enact ............................................................................ SB 90 Smoking on school bus or other public or private school vehicle transporting children; define offense ................................................................... SB 196
TOCCOA, CITY OF; corporate limits ...................................................................HB 748
TOOMBS COUNTY Board of commissioners; reconstitute ....................................................................HB 780 City of Vidalia; sales tax for education; distribution of proceeds .......................... SB 322 Vidalia, City of; school districts; sales tax proceeds ..............................................HB 700
TORTS Abuse of tort law against firearm industry; urge Congress end .............................HR 132 Civil practice and torts; health care liability claims; noneconomic damages.........................................................................................HB 235 Civil practice, evidence, insurance, professions and businesses, and torts; comprehensive revision of provisions relating to health care ........................ SB 3 Civil practice; venue; actions against joint defendants ..........................................HB 238 Deer Management Act of 2005; weapons; limits; hunting with dogs; donation of certain deer to charitable organizations .................................. SB 201 Hospitals; liability for acts of health care providers; requirements........................HB 237 Medical malpractice; amend Official Code of Georgia Annotated Titles 9, 24, 31, and 51 ..........................................................................................HB 56 Medical malpractice; health information; disclosure .............................................HB 575 Medical malpractice; procedures relating to actions ..............................................HB 571 Torts; asbestos claims and successor corporations; provisions..............................HB 925

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4716

INDEX

Torts; asbestos or silica claims; definitions and provisions ...................................HB 416 Torts; emergency medical care; liability claims; amend provisions ......................HB 233 Torts; joint tort-feasors; award and apportionment of damages.............................HB 231 Torts; limit medical damages; liability of facilities; provisions.............................HB 339 Torts; liquefied petroleum gas providers; limit liability
and damages......................................................................................................... SB 139 Torts; medical malpractice insurance rates; certain financial
limits; provisions..................................................................................................HB 274 Torts; medical negligence; limit noneconomic damages .......................................HB 329 Torts; nonprofit organizations or individuals financially sponsoring
charitable fundraising events; immunity from civil liability ............................... SB 238 Torts; prescriptions filled outside the U.S.; limited liability; provision.................HB 887 Torts; property damage from certain trees; liability...............................................HB 812 Torts; recovery of damages; contingency fee.........................................................HB 763
TOURISTS Hotels and motels; 5 percent tax rate; counties promoting tourism; conventions, trade shows....................................................................... SB 194 NASCAR Hall of Fame; urge to locate in Atlanta .................................................HR 568 "Together, Tourism Works for Georgia"; recognize February 2, 2005 ..................................................................................................HR 129 Tourism; urge state to promote with website on license plates..............................HR 430
TOWERS, ADMIRAL JOHN HENRY; honor; authorize placement of portrait in capitol............................................................................... SR 124
TOWNS COUNTY Board of commissioners; reconstitute ....................................................................HB 491 Board of commissioners; reconstitute .................................................................... SB 137
TRAFFIC OFFENSES (See Motor Vehicles and Traffic)
TRANSPORTATION, DEPARTMENT OF Capitol Avenue lane usage; urge Department of Transportation, City of Atlanta, and Capitol Police conduct study ..............................................HR 820 Community Streetcar Development and Revitalization Act; enact........................ SB 150 Developmental Highway System; add additional route ......................................... SB 107 FlexAuto lanes; authorize Department of Transportation to implement ........................................................................................................HB 273 Highway Authority; one-time transfer of trust funds .............................................HB 525 Highways, bridges, and ferries; amend provisions................................................. SB 160 Motor vehicles; highway work zones; required signage ........................................HB 160 Outdoor advertising; certain adult entertainment; prohibit signs ...........................HB 519

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INDEX

4717

Pedestrian and bicycle paths; require Department of Transportation construct ......................................................................................HB 926
Pedestrian and bicycle paths; require Department of Transportation construct ......................................................................................HB 928
Pilot performance based asset maintenance project; urge Department of Transportation initiate .................................................................HR 676
Public road funds; allocation and balancing; exempt certain projects.....................................................................................................HB 723
Public road funds; allocation provisions; remove certain projects.........................HB 737 Public roads; allocation of state and federal funds; change provisions....................HB 16 State and federal highway funds; equal division among
congressional districts; budgeting periods............................................................... SB 4 State departments; revisions and transfer of powers and duties.............................HB 312 State Public Transportation Fund; limits on collections
and expenditures ..................................................................................................HB 361 Transportation projects; public-private initiatives; amend provisions ................... SB 270 Transportation, Department of; design-build contracts; revise criteria..................HB 530 Transportation, Department of; design-build contracts; revise criteria.................. SB 231 Transportation, State Board; member removal; provisions....................................HB 891
TREASURY AND FISCAL SERVICES, OFFICE OF State Accounting Office; create..............................................................................HB 190 State Accounting Office; create..............................................................................HB 293
TREUTLEN COUNTY Board of education; compensation .........................................................................HB 781 Board of education; compensation .........................................................................HB 823
TRIALS Civil practice; trial continuance; members of General Assembly; amend provisions .................................................................................................HB 716 Criminal Justice Act of 2005; enact .......................................................................HB 170 Magistrate court; certain cases; right of removal for jury trial...............................HB 677 Trial juries; misdemeanor, felony, death penalty cases, and jointly indicted defendants; equal number of peremptory challenges ................................ SB 2
TRUSTS (Also, see Wills, Trusts, and Administration of Estates) Divorce; additional filing fee for Children's Trust Fund ........................................HB 224 Health insurance plans; state employees, teachers, public school employees, retirees; combine funds..................................................................... SB 284 Highway Authority; one-time transfer of trust funds .............................................HB 525 National Guard or reserves; economic relief; create commission on HEROES.........................................................................................................HB 165

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4718

INDEX

Sales tax exemption; food and beverage; repeal; adjustment trust fund; create ..................................................................................................HB 227
Subsequent Injury Trust Fund; reimbursement; dissolution ..................................HB 200 Traumatic brain and spinal cord injuries; state-wide central registry;
reports to Brain and Spinal Injury Trust Fund Commission ............................... SB 208 Trusts; allocation of principal and income; amend provisions...............................HB 406
TWIGGS COUNTY; board of education; monthly meetings.................................HB 870
TYBEE ISLAND, CITY OF Homestead exemption; base year assessed value ...................................................HB 284

U
UNDERGROUND STORAGE TANKS Hazardous site reuse and redevelopment; amend provisions ................................. SB 277
UNEMPLOYMENT COMPENSATION (See Employment and Employment Security or Labor and Industrial Relations)
UNIFORM RULES OF THE ROAD Driving under the influence; persons legally entitled to use intoxicating substances; delete provisions...........................................................HB 286 Driving under the influence; third violation; change penalties ..............................HB 933 FlexAuto lanes; authorize Department of Transportation to implement................HB 273 Motorcycles; certain traffic regulations; provisions...............................................HB 141 Motorcycles; protective headgear; exempt certain persons....................................HB 369 Motorcycles; protective headgear; exempt certain persons....................................HB 875 Motor vehicle accidents; injuries to motorcyclists; certain serious bodily injuries to persons; penalties ..........................................................HB 82 Motor vehicles and traffic; habitual violators; amend certain provisions ..............HB 932 Motor vehicles; yield right of way to certain public transit buses .........................HB 778 Speed monitoring devices; photographic systems; provisions...............................HB 294 Uniform rules of the road; parking permits for disabled persons; annual renewal ..................................................................................................... SB 267
UNION COUNTY; Union County Building authority; create ................................HB 811
UNIVERSITY SYSTEM OF GEORGIA (See Board of Regents, University System of Georgia)
UPSON COUNTY; nonpartisan elections; chief magistrate ...................................HB 745
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INDEX

4719

USED MOTOR VEHICLE DEALERS AND PARTS Motor vehicles; new and used dealers; temporary license plates and sales sites; amend provisions ........................................................................HB 455

V
VALDOSTA, CITY OF Valdosta-Lowndes County; airport authority; membership ...................................HB 774 Valdosta-Lowndes County; conference center and tourism authority; membership .........................................................................................HB 769
VALDOSTA STATE UNIVERSITY'S PEACH STATE SUMMER THEATRE Designate official musical theatre ..........................................................................HB 343 Designate official musical theatre ............................................................................HR 84
VANDIVER, GOVERNOR SAMUEL E. Jr. Name building on University of Georgia campus ..................................................HR 821
VERDICT AND JUDGMENT Civil Practice; offers of judgment; provide for procedures....................................HB 574 Public Service Commission; superior court filing of certain orders; venue; judgment ...................................................................................... SB 210
VERNONBURG, CITY OF Homestead exemption; base year assessed value ...................................................HB 283
VETERANS AFFAIRS Ad valorem tax; veterans organizations; exemption ..............................................HB 173 Budget proposals damaging to certain veterans; urge Congress oppose................HR 415 Disabled veterans and blind persons; vendors on streets and highways .......................................................................................................HB 693 Free license plates; certain disabled veterans; Department of Veterans Services; duties .....................................................................................HB 439 Georgia veterans cemeteries; interment; remove residency requirement...............HB 440 Georgia War Veterans Nursing Home Trust Fund; special license plates; create ............................................................................................HB 405 Georgia War Veterans Nursing Homes; executive directors; appointment .........................................................................................................HB 438 Homestead exemption; disabled veterans; increase ...............................................HB 803 Homestead exemption; disabled veterans; surviving spouses who remarry.........................................................................................................HB 315
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4720

INDEX

Hunting and fishing; honorary licenses for disabled persons; certification ..........................................................................................................HB 441
Hunting and fishing; lifetime licenses for certain veterans ....................................HB 668 Motorcycles; Purple Heart license plates ...............................................................HB 135 Occupation taxes; administrative or regulatory fees;
exemption certification ........................................................................................HB 442 Retirement; prior military service credit ................................................................HB 253 Special license plates; amend provisions; authorize new plates;
Bill Elliott Day in Georgia; designate ................................................................. SB 168 Special license plates; certain disabled veterans; two free plates...........................HB 796 Special license plates; Purple Heart; certain inscription ........................................HB 395 Vietnam Era Veterans; commend; 30th Observance of the Ending
of the Vietnam War; recognize May 4-8, 2005 ..................................................... SR 44
VETERINARIANS AND VETERINARY TECHNICIANS Veterinarians; boarders of animals; liens for treatment..........................................HB 201
VICTIMS OF CRIME Crime Victims Restitution Act of 2005; enact .......................................................HB 172 Local victim assistance funds; assessment and collection; amend provisions .................................................................................................HB 192 Violence Against Women Act; urge Georgia Congressional Delegation to reauthorize.....................................................................................HR 391
VIDALIA, CITY OF Montgomery County-City of Vidalia; sales tax for education; distribution of proceeds ....................................................................................... SB 321 Montgomery County; Vidalia, City of; school districts; sales tax proceeds.................................................................................................HB 699 Toombs County-City of Vidalia; sales tax for education; distribution of proceeds ....................................................................................... SB 322 Toombs County; Vidalia, City of; school districts; sales tax proceeds .........................................................................................................HB 700
VITAL RECORDS "Baby's Right to Know Act"; enact ............................................................................HB 4
VOCATIONAL, TECHNICAL, AND ADULT EDUCATION HOPE scholarships; eligibility; hour limits; amend provisions .............................HB 490
VOTING (Also, see Elections) Consolidated government; voting provisions; effects of abstention and ties................................................................................................HB 659

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INDEX

4721

Elections; absentee elector; extend time for advanced voting................................HB 229 Elections; absentee elector; time for advanced voting ...........................................HB 743 Elections; absentee voting; certain campaign activities; restrictions .....................HB 219 Elections; acceptable forms of identification at polls............................................... SB 84 Elections; amend provisions...................................................................................HB 597 Elections and primaries; change form of official primary ballots............................HB 61 Elections and voting; amend provisions.................................................................HB 244 Elections; certain violations of provisions; prohibit certain activities .....................HB 75 Elections; photographs on voter registration cards; provisions..............................HB 882 Elections; sheriffs; nonpartisan elections ................................................................. SB 80 Election superintendent; office to remain open until ballots
are counted.............................................................................................................HB 33 Elections; voter to view all sections of proposed
constitutional amendment ....................................................................................HB 359 Elections; withdrawal of candidates; amend provisions ..........................................HB 89 Electronic recording voting systems; permanent paper
records; provisions...............................................................................................HB 580 Electronic voting systems; require permanent paper record ..................................HB 740 Electronic voting systems; require permanent paper record ..................................HB 790 Georgia Election Code; extensive revisions...........................................................HB 528 Georgia Taxpayer and Citizen Protection Act; enact .............................................HB 911 Persons convicted of certain felonies; voting provisions; prohibitions -CA..............HR 7 Persons convicted of certain felonies; voting provisions; prohibitions -CA..............HR 9 University System of Georgia; urge closure on election day;
encourage students to work at polls.....................................................................HR 772 Voting Rights Act; urge President and Congress to extend ...................................HR 446 Voting Rights Act; urge President and Congress to extend and expand................HR 445

W
WALKER COUNTY; board of elections and registration; membership................HB 858
WALTON COUNTY Walton County Water and Sewerage Authority; reconstitute ................................HB 687 Walton County Water and Sewerage Authority; reconstitute ................................ SB 333
WARE COUNTY; solicitor-general; state court judge; compensation...................HB 862
WARM SPRINGS, CITY OF; new charter............................................................HB 676
WARREN COUNTY; nonpartisan elections; probate judge ..................................HB 612

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4722

INDEX

WARREN V. JOHNSON BRIDGE; designate .....................................................HR 413
WASTE MANAGEMENT Counties and municipalities; public water and sewage systems; prohibitions; exceptions.......................................................................................HB 510 Environmental protection; permits; appeals ........................................................... SB 190 Hazardous site reuse and redevelopment; amend provisions ................................. SB 277 Joint Study Committee on the Use of Dry Cleaning Solvents; create....................HR 169 Joint Solid Waste Trust Fund Study Committee; create ........................................HR 170 Septic tank waste; regulation and permitting; certain land disposal sites ................HB 54 Sewage Holding Tank Act; revise ..........................................................................HB 352 Sewage management systems; licensed plumbers; allow certain work .................HB 724 Sewerage service suppliers; include storm-water runoff; prohibit certain liens ............................................................................................HB 640 Soil Scientists Licensing Act; licensure; regulations ............................................... SB 95 Solid waste management; revise solid waste and tire disposal laws ...................... SB 122 Solid waste management; tire disposal; repeal and change certain provisions...................................................................................................HB 23 Utility facility protection; comprehensive revision of provisions.......................... SB 274 Waste disposal sites; increase distance from county or city boundaries ................HB 533
WATER, WATER RESOURCES, AND WASTEWATER (Also, see Water, Ports, and Watercraft) Coastal waters, beaches, and sand dunes; permits or variance applications; timely decisions..............................................................................HB 401 Counties and municipalities; public water and sewage systems; prohibitions; exceptions.......................................................................................HB 510 Dams; require Department of Natural Resources provide certain information to superior court clerks ....................................................................HB 496 Deadhead logging operations in Altamaha or Flint rivers; authorize..................... SB 283 Environmental protection; permits; appeals ........................................................... SB 190 Fishing; authorize taking by hand under certain conditions...................................HB 301 Georgia Water Quality Control Act; change certain provisions; provide for fees ....................................................................................................HB 550 Ground-water withdrawal; permits; measuring devices; amend provisions ..........HB 746 House Coastal Georgia Sound Science Initiative Study Committee; create ....................................................................................................................HR 494 Jasper Port Study Committee; create........................................................................ SR 23 Public water systems; individual water meters; provisions....................................HB 889 River Basin Protection Act; enact ............................................................................HB 55 Sewerage service suppliers; include storm-water runoff; prohibit certain liens ............................................................................................HB 640 Utility facility protection; comprehensive revision of provisions.......................... SB 274

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INDEX

4723

Water resources; interbasin and intrabasin transfers; change certain provisions...................................................................................................HB 53
WATERS, PORTS, AND WATERCRAFT Coastal waters, beaches, and sand dunes; permits or variance applications; timely decisions..............................................................................HB 401 Deadhead logging operations in Altamaha or Flint rivers; authorize..................... SB 283 Fishing; authorize taking by hand under certain conditions...................................HB 301 Game and fish; amend provisions relating to crabs................................................HB 328 House Coastal Georgia Sound Science Initiative Study Committee; create ....................................................................................................................HR 494 Jasper Port Study Committee; create........................................................................ SR 23 River Basin Protection Act; enact ............................................................................HB 55 Sponge crabs; regulation of taking, possessing, dealing; extend sunset date ................................................................................................ SB 119 Water resources; interbasin and intrabasin transfers; change certain provisions...................................................................................................HB 53
WAYNE COUNTY; board of education; nonpartisan election............................... SB 132
WEAPONS Abuse of tort law against firearm industry; urge Congress end .............................HR 132 Carrying weapons in school safety zones; prohibition; include parks ...................HB 544 Deadly weapons; carrying to public gathering; exception to prohibition ..............HB 193 Deer Management Act of 2005; weapons; limits; hunting with dogs; donation of certain deer to charitable organizations .................................. SB 201 Firearms; crime of discharging on Sunday; repeal provisions ............................... SB 259 Firearms; license to carry; prohibition; certain conviction.....................................HB 793 Gun sales and gun dealers; regulations; comprehensive revision of provisions ........................................................................................................ SB 175 Hunting; primitive weapons; amend provisions.....................................................HB 338 Public Safety Training Center facilities; allow retired officers use .......................HB 653 State parks; carrying firearms; amend certain provisions ......................................HB 799
WEBSTER COUNTY Preston, City of; office of mayor and commissioners; terms and elections...............................................................................................HB 627
WELFARE (See Social Services)
WENDELL W. THIGPEN MEMORIAL BRIDGE; designate...........................HR 201
WHITE COUNTY; board of education; health benefits.........................................HB 798

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4724

INDEX

WHITFIELD COUNTY Dalton-Whitfield Economic Development Authority; create.................................HB 818
WILD ANIMALS Disabled Assistants Act; authorize permits for certain wild animals.....................HB 695 Wild animals; licenses and permits; amend lists ....................................................HB 107
WILDLIFE Deer farming; change certain provisions................................................................HB 824 Deer hunting; seasons; bag limits; certain extended archeryonly open seasons ................................................................................................HB 292 Deer Management Act of 2005; weapons; limits; hunting with dogs; donation of certain deer to charitable organizations .................................. SB 201 Game and fish; hunting within vicinity of bait feeds on private land ..........................................................................................................HB 345 Hunting deer with dogs; certain private land; license; provide..............................HB 484 Hunting deer with dogs; open seasons; amend certain provisions .........................HB 503 Hunting; primitive weapons; amend provisions.....................................................HB 338 Hunting; state land management; hunting deer with dogs; permits ....................... SB 206 Nuisances; agricultural operations; include wildlife habitat and hunting ..........................................................................................................HB 261
WILKES COUNTY; coroner; increase salary ........................................................HB 601
WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES Death tax; urge congressional delegation work to abolish.....................................HR 133 Estate tax; change certain definitions .....................................................................HB 113 "Living Will Week"; designate first week of April each year................................HR 856 "Living Will Week"; designate first week of April each year................................ SR 537 State and Local Tax Revision Act of 2005; enact ..................................................HB 488 Trusts; allocation of principal and income; amend provisions...............................HB 406 Wills and trusts; amend Revised Probate Code of 1998 ........................................HB 672
WITNESSES Civil practice, evidence, insurance, professions and businesses, and torts; comprehensive revision of provisions relating to health care ................................. SB 3 Criminal Justice Act of 2005; enact .......................................................................HB 170 Judicial proceedings; professional malpractice cases; use of experts..............................................................................................................HB 234 Medical malpractice; amend Official Code of Georgia Annotated Titles 9, 24, 31, and 51 ..........................................................................................HB 56
WOODSTOCK, CITY OF; redevelopment powers law; exercise powers ............HB 786

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INDEX

4725

WORKERS COMPENSATION Insurers; loss reserves; liability insurance and workers' compensation ................. SB 225 Property and Casualty Insurance Modernization Act; enact ..................................HB 683 Subsequent Injury Trust Fund; reimbursement; dissolution ..................................HB 200 Workers' compensation; certain premium discounts; electronic submission and transmission of documents; injuries; compensations.................HB 327 Worker's compensation; on call but off duty employee; injury not compensable ..................................................................................................HB 694

Z
ZONING Local government zoning decisions; effects on local school systems .....................HB 42

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PART II
HOUSE BILLS
HB 1-- Bona fide conservation use property; breach of covenant; exceptions............................................................. 84, 119, 448, 570, 3046, 3057
HB 2-- Ad valorem tax; exempt certain nonprofit museums; referendum ................................................................................... Prefiled Only
HB 3-- Ad valorem tax; exempt certain income of nonprofit museums; referendum.................................................................. Prefiled Only
HB 4-- "Baby's Right to Know Act"; enact ..................................................... 167, 189 HB 5-- Sales tax exemption; certain school clothes, supplies,
computer items; limited time ...................................................... 168, 189, 301, 1693, 3269
HB 6-- Misdemeanor traffic offenses; fines to be paid into state treasury................................................................................................... 84, 119
HB 7-- Ethics in government; amend provisions..................................... Prefiled Only HB 8-- Fraud, waste, abuse in state operations; whistleblower;
prohibit retaliation.................................................................................... 75, 94 HB 9-- Campaign contributions; political parties; maximum
allowable limits............................................................................ Prefiled Only HB 10-- Female genital mutilation; define offense; penalties;
exceptions ............................................................................... 76, 94, 267, 435, 4038, 4163
HB 11-- Sales tax exemption; certain prescribed medical equipment..................................................................................... Prefiled Only
HB 12-- Taxable net income; certain business relocations; exclude attributable income ................................................................. 145, 171
HB 13-- Aggravated sodomy; change age limitation; provide for imposition of death penalty ................................................................... 85, 119
HB 14-- Local boards of education; adopt code of ethics ......................... Prefiled Only HB 15-- State flag; change design; advisory referendum.................................. 145, 171 HB 16-- Public roads; allocation of state and federal funds;
change provisions .................................................................................. 85, 119 HB 17-- Private detective and security businesses; license
renewal; continuing education .................................................... 245, 284, 636, 1583, 3036
HB 18-- Seat belts; passenger vehicles; eliminate certain exceptions ............................................................................................ 228, 253

4728

INDEX

HB 19-- Controlled substances; pseudoephedrine sales; requirements, limitations, and restrictions........................................... 229, 253
HB 20-- Motor vehicles; window tint restrictions; provisions ......... 229, 253, 415, 626, 666, 2710
HB 21-- Income tax credit; certain purchased or leased hybrid vehicles ................................................................................................ 245, 284
HB 22-- Sales and use tax; certain motor vehicle transactions; change tax situs................................................................... 245, 284, 590, 870, 2789
HB 23-- Solid waste management; tire disposal; repeal and change certain provisions .................................................................... 245, 284
HB 24-- Income tax; corporations; gradual reduction; abolishment............................................................................................ 85, 119
HB 25-- Board of regents; school or institution closing; repeal power of Governor...................................................................... 197, 218, 904, 2360, 3269
HB 26-- Governor's authority to suspend compulsory attendance laws; repeal provisions................................................................ 198, 218, 904, 2362, 3269
HB 27-- Elementary and secondary education; grants; repeal provisions.................................................................................... 198, 218, 904, 2363, 3269
HB 28-- Teachers Retirement; certain teachers and employees; eligibility; repeal provision.................................................................. 198, 218
HB 29-- Law enforcement officers and agencies; electroshock devices; prohibit use ............................................................................ 111, 163
HB 30-- Law enforcement officers stopping motorists; prohibit race considerations............................................................................... 111, 163
HB 31-- Public school employees; adverse personnel actions; right of representation.................................................................. Prefiled Only
HB 32-- County school superintendents; employment contract; publication ........................................................................................... 112, 163
HB 33-- Election superintendent; office to remain open until ballots are counted ............................................................................... 112, 163
HB 34-- Children's Vision Improvement and Learning Readiness Act of 2005; enact.................................................................................. 86, 119
HB 35-- Community Service Board Overview Commission; create .................................................................................................... 146, 171
HB 36-- Municipal corporations; creation; revise provisions ................ 112, 163, 1215, 1701, 2791, 2866, 2971, 3006, 3132, 4202, 4439

INDEX

4729

HB 37-- Sandy Springs, City of; incorporate; new charter..................... 146, 171, 1215, 1710, 2410, 2640
HB 38-- Tax executions and judicial sales; prohibit certain sales; exceptions .............................................................................................. 86, 119
HB 39-- Council on Affordable Housing; create....................................... 86, 120, 1745
HB 40-- Property sold for taxes; redemption provisions ............................. 87, 120, 320
HB 41-- Quality Basic Education Program; change certain provisions............................................................................................... 87, 120
HB 42-- Local government zoning decisions; effects on local school systems ....................................................................................... 87, 120
HB 43-- Health insurance; treatment of morbid obesity; require coverage ............................................................................................... 198, 218
HB 44-- Divorce; distribution of marital property; amend provisions......................................................................................... 1435, 1774
HB 45-- Controlled substances; products used in preparation of methamphetamine; regulate sales .......................................................... 88, 120
HB 46-- Maximum allowable campaign contributions; limitations; clarify provisions .................................................................. 76, 94
HB 47-- Ethics in government; amend provisions................................................. 76, 94
HB 48-- Ethics in government; comprehensive revision of provisions............................................................................ 77, 94, 1142, 1388, 3433, 3563, 3906, 4037, 4069, 4463, 4527
HB 49-- Corrections; incarceration costs; certain inmates to reimburse state; provisions ...................................................................... 77, 94
HB 50-- Criminal history background checks; authorize national exchange ................................................................................. 77, 94, 510, 874, 3283, 3650
HB 51-- Senior Protection Advisory Council; create ............................................ 78, 94
HB 52-- Labor relations; employee leave for certain judicial proceedings .............................................................................................. 78, 94
HB 53-- Water resources; interbasin and intrabasin transfers; change certain provisions ........................................................................ 78, 94
HB 54-- Septic tank waste; regulation and permitting; certain land disposal sites ................................................................... 78, 94, 462, 811, 3036
HB 55-- River Basin Protection Act; enact............................................................ 79, 94
HB 56-- Medical malpractice; amend Official Code of Georgia Annotated Titles 9, 24, 31, and 51........................................................... 79, 94
HB 57-- State ordered executions; protect physicians and medical professionals licensure ..................................................... 88, 120, 446

4730

INDEX

HB 58-- Working Against Recidivism Act; enact ............................ 88, 120, 511, 1215, 3044, 3079
HB 59-- Minimum wage mandates by local governments; change certain provisions ..................................................... 89, 120, 545, 857, 4060
HB 60-- Probation/Parole Community Based Supervision, Department of; create............................................................................. 89, 120
HB 61-- Elections and primaries; change form of official primary ballots ....................................................................................... 89, 119
HB 62-- County offices; nonpartisan elections; General Assembly provide by local law.............................................................. 90, 119
HB 63-- County officers; nonpartisan elections .................................................. 90, 119
HB 64-- Probation; confinement in probation or detention centers; certain violators ........................................................................ 90, 119
HB 65-- Corrections; create division of probation/parole community-based supervision ............................................................... 90, 119
HB 66-- Elections; candidate qualification challenges; amend provisions............................................................................................... 91, 119
HB 67-- Unmarried persons; certain benefits; neutrality of state and local laws........................................................................ 91, 119, 242, 321, 2710
HB 68-- Ray City, City of; mayor and council; terms........................ 91, 120, 284, 286, 663
HB 69-- Multidisciplinary Center for Affordable Housing; create within University System ...................................................................... 92, 120
HB 70-- Georgia Hospital Insurance Authority; enact ...................................... 113, 163
HB 71-- Hospital acquisitions; certain definition; amend ................................. 113, 163
HB 72-- Georgia Hospital Insurance Authority Act; enact ............................... 113, 163
HB 73-- Physicians; state health insurance plans; require Medicaid participation ......................................................................... 114, 163
HB 74-- Indigent and elderly; certain hospitals; provider fees.......................... 114, 163
HB 75-- Elections; certain violations of provisions; prohibit certain activities ................................................................................... 115, 163
HB 76-- Sales tax situs; state resident; county of residence .............................. 115, 163
HB 77-- Local juvenile diversion programs; programs approved by court; fine surcharge ....................................................................... 115, 163
HB 78-- Pit bull dogs; define terms; prohibit possession; exceptions ............................................................................................ 115, 163
HB 79-- Local juvenile diversion programs; programs approved by court; fine surcharges...................................................................... 116, 163
HB 80-- Crimes; impersonating veteran or active duty member; define offense....................................................................................... 116, 163

INDEX

4731

HB 81-- Homestead exemption; unremarried surviving spouse of deceased spouse; provisions .............................................. 116, 163, 808, 1596
HB 82-- Motor vehicle accidents; injuries to motorcyclists; certain serious bodily injuries to persons; penalties ............................ 116, 163
HB 83-- Small Business Employee Choice of Benefits Health Insurance Plan Act; enact .................................................. 117, 163, 952, 1743
HB 84-- Supplemental appropriations; FY 2004-2005..................... 117, 163, 317, 359, 690, 691, 795, 795, 795, 1266, 1452
HB 85-- General appropriations; FY 2005-2006 .................................... 117, 163, 1141, 1329, 2420, 2420, 2560, 2562, 2616, 3910, 4070
HB 86-- Supplemental appropriations; FY 2004-2005...................................... 118, 163
HB 87-- General appropriations; FY 2005-2006 ............................................... 118, 163
HB 88-- Lumpkin County; homestead exemption; certain residents .............................................................................. 147, 171, 285, 286, 602
HB 89-- Elections; withdrawal of candidates; amend provisions...................... 147, 171
HB 90-- Cable service providers; certificates of authority; Public Service Commission issue and regulate .............................................. 147, 171
HB 91-- State and local government purchasing contracts; preference for Georgia products and vendors...................................... 147, 171
HB 92-- Speed detection devices; certain visibility provisions; repeal.................................................................................................... 148, 171
HB 93-- Crimes; make abortion unlawful ......................................................... 148, 171
HB 94-- Employment; discharge because of absenteeism; amend provisions............................................................................................. 148, 171
HB 95-- Code of Georgia; corrections.............................................. 149, 171, 194, 256, 1022
HB 96-- Nuisances; county and municipal abatement powers; unfit buildings ...................................................................................... 149, 171
HB 97-- Judicial Circuits; Appalachian, Cherokee, Flint, Gwinnett, and Southern circuits; add judgeships ....................... 149, 171, 414, 1875, 3270
HB 98-- Georgia Land Conservation Council; create ...................... 150, 171, 173, 221, 564, 630
HB 99-- Hamilton, City of; new charter ........................................... 150, 171, 285, 287, 471
HB 100-- Charter schools; funding; revise and clarify certain provisions............................................................................................. 150, 171

4732

INDEX

HB 101-- Peace Officers' Annuity and Benefit Fund; certain creditable service ................................................................................. 151, 171
HB 102-- Public Financing for Appellate Judicial Campaign Fund Act; enact ............................................................................................. 151, 172
HB 103-- Tax sales; notice period; amount payable for redemption .......................................................................... 151, 172, 295, 808, 1745
HB 104-- Employees' Retirement; certain temporary full-time service; credit ....................................................................................... 152, 172
HB 105-- Education; certain textbooks; provide electronic format versions ................................................................................................ 152, 172
HB 106-- Sexual offender registry; amend registration requirements; change and add certain definitions ...................... 152, 172, 808, 1163, 4068, 4128, 4213, 4223, 4376, 4381, 4449
HB 107-- Wild animals; licenses and permits; amend lists ................................. 152, 172
HB 108-- Animals; amend provisions relating to bird dealers or pet dealers ............................................................................................ 153, 172
HB 109-- State agencies; impounded property; notification of owner ................................................................................................... 153, 172
HB 110-- Tax executions; deed or bill of sale; purchaser information........................................................................................... 153, 172
HB 111-- Sales and use tax; change certain definitions ...................................... 153, 172
HB 112-- Income tax; change certain definitions ................................................ 154, 172
HB 113-- Estate tax; change certain definitions .................................................. 154, 172
HB 114-- Motor fuel tax; change certain definitions........................................... 154, 172
HB 115-- Excise tax; motor vehicle rentals; change definitions ......................... 154, 171
HB 116-- Ad valorem taxation; homeowner tax relief grants; tax executions; amend certain provisions....................................... 155, 171, 1012, 1209, 3432, 3886
HB 117-- Taxation of intangibles; real estate transfer tax; amend certain provisions................................................................................. 155, 171
HB 118-- Tax executions; amend provisions regarding issuance........................ 155, 171
HB 119-- Motor vehicles; tags; fees and classes; change definitions ............................................................................................ 155, 171
HB 120-- Excise tax; hotels and motels; change certain definitions.................... 155, 171
HB 121-- Tax sales; amend procedures under levies and executions ............................................................................................ 156, 171
HB 122-- Revenue and taxation; change certain provisions regarding definitions ............................................................................ 156, 171

INDEX

4733

HB 123-- Coin operated amusement machines; change certain provisions............................................................................................. 156, 171
HB 124-- Excise tax; cigars and cigarettes; change definitions ......................... 156, 171
HB 125-- Teachers Retirement; employee contribution; change amount ................................................................................................. 156, 171
HB 126-- Teachers Retirement; 5 years' service; vested benefit ......................... 157, 171
HB 127-- Teachers Retirement; increase retirement allowance multiplier.............................................................................................. 157, 171
HB 128-- Revenue, Department of; amend provisions........................................ 157, 171
HB 129-- Teachers Retirement; creditable service; 29 years .............................. 157, 171
HB 130-- Georgia Street Gang Terrorism and Prevention Act; amend provisions ................................................................................. 158, 171
HB 131-- Teachers Retirement; early retirement; eliminate penalty.................................................................................................. 158, 171
HB 132-- Employees' Retirement; certain law enforcement officers; amend provisions................................................................... 158, 171
HB 133-- Georgia Long-Term Care Partnership Program Act; enact ..................................................................................................... 159, 172
HB 134-- Flint Judicial Circuit; add judge .................................................. 159, 172, 414
HB 135-- Motorcycles; Purple Heart license plates .................................. 159, 172, 1442
HB 136-- Excise tax; rental motor vehicles; gradual elimination ....................... 160, 172
HB 137-- Georgia Transportation Infrastructure Bank Act; enact ...................... 160, 172
HB 138-- Nonprofit Contractor Oversight Panel; establish................................. 160, 172
HB 139-- License plates; Medal of Honor winners; surviving spouse........................................................................................... 161, 172, 415
HB 140-- Sexual offender registry; sexually violent offense; redefine ................................................................................................ 161, 172
HB 141-- Motorcycles; certain traffic regulations; provisions .................. 161, 172, 1442
HB 142-- Child support; mentally or physically disabled child beyond age of majority ........................................................................ 162, 172
HB 143-- Greene County; homestead exemption; county purposes... 168, 189, 285, 287, 563
HB 144-- Greene County; homestead exemption; educational purposes .............................................................................. 168, 189, 284, 289, 563
HB 145-- Public officers and employees; certain promotions and campaign activities; prohibit................................................................ 168, 189
HB 146-- Putnam County; board of elections and registration .......... 169, 189, 285, 292, 1793, 2780
HB 147-- Chiropractors; board of examiners; additional authority..................... 169, 189
HB 148-- 911 telephone charges; billing, collection, and use; provisions............................................................................................. 169, 189

4734

INDEX

HB 149-- Garnishment; exempt certain individual retirement accounts ...................................................................................... 170, 189, 904, 1599
HB 150-- Law school graduates; state bar exam; Supreme Court powers....................................................................................... 170, 189, 1442, 2143
HB 151-- Drivers' licenses; information available to insurers; extend pilot program........................................................... 170, 189, 218, 295, 2560
HB 152-- Enhanced redevelopment powers; definitions and provisions............................................................................................. 176, 205
HB 153-- Voluntary Contributions Act; enact............................................ 177, 205, 604, 1215, 1826, 2320
HB 154-- Special license plates; police officers wounded in line of duty .................................................................................................. 177, 205
HB 155-- Managerial control over acquisition of professional services; amend provisions ......................................................... 177, 205, 511, 679, 2711
HB 156-- Women's Informed Consent Protection Act; enact.............................. 178, 205
HB 157-- Tax executions; prohibit sales ............................................................. 178, 205
HB 158-- Education; certain historical documents; prohibit restriction ..................................................................................... 178, 205, 999
HB 159-- Speed detection devices; certain highways and bridges; prohibit use .......................................................................................... 179, 205
HB 160-- Motor vehicles; highway work zones; required signage ..................... 179, 205
HB 161-- Drivers' licenses; social security number; prohibit use ....................... 179, 205
HB 162-- Telephone service; unsolicited commercial facsimile messages .............................................................................................. 179, 205
HB 163-- Postsecondary education; grants to certain members of National Guard; provisions.................................................................. 180, 205
HB 164-- National Guard; certain active duty members; life insurance .................................................................................... 180, 205, 1246
HB 165-- National Guard or reserves; economic relief; create commission on HEROES .................................................................... 180, 205
HB 166-- "Health Share" Volunteers in Medicine Act; enact ............ 181, 205, 510, 609, 2710, 2741
HB 167-- Income tax; military income exclusion; amend......................... 181, 205, 1248
HB 168-- Legislative and congressional reapportionment; specify requirements......................................................................................... 181, 205
HB 169-- Aggravated child molestation; prosecution; amend time limitation.............................................................................................. 182, 205

INDEX

4735

HB 170-- Criminal Justice Act of 2005; enact.......................................... 182, 205, 1442, 1840, 3210, 3444, 4406
HB 171-- Sexual offender registry; pardon or parole; registration verification ........................................................................................... 183, 205
HB 172-- Crime Victims Restitution Act of 2005; enact ................... 183, 205, 636, 833, 3211, 3456
HB 173-- Ad valorem tax; veterans organizations; exemption ................ 183, 205, 1012, 2157
HB 174-- 911 emergency service; billing charges; amend.................................. 184, 205
HB 175-- Controlled substances; punishment for certain offenses; amend................................................................................................... 184, 205
HB 176-- Traffic violations bureau; imposition of penalties............................... 184, 205
HB 177-- Governmental agencies; prohibit employment of persons illegally in country.................................................................. 185, 205
HB 178-- Retirement and Pensions Code; corrections ....................... 185, 205, 414, 625, 2560
HB 179-- Education; evolution theory; teaching of factual scientific evidence................................................................................ 185, 205
HB 180-- Human Resources; criminal history information; provisions............................................................................ 186, 205, 446, 576, 3270
HB 181-- Juvenile court; superior court transferring certain cases; amend provisions ................................................................................. 186, 205
HB 182-- Cost-of-Living Tax Fairness Act; enact .............................................. 186, 205
HB 183-- State employees; payroll deductions; certain non-profit organizations; include corrections officers....................... 186, 205, 798, 1090, 3270
HB 184-- Residential and General Contractors State Licensing Board; membership.............................................................. 187, 205, 301, 539
HB 185-- Property owners' associations; open meetings; exception.............................................................................................. 199, 218
HB 186-- Counties and municipalities; expand purposes for using federal funds ............................................................................. 199, 218, 1233, 2304, 3279, 3660
HB 187-- Obstructing placement of emergency phone calls; redefine offense.................................................................................... 199, 218
HB 188-- Registered sexual offender; publish photo in legal organ... 199, 218, 545, 683, 2560, 2641, 2788, 2876, 2970, 3865, 4405
HB 189-- County and municipal insurance taxes; certain early distribution; provisions ........................................................................ 200, 218

4736

INDEX

HB 190-- State Accounting Office; create........................................................... 200, 218
HB 191-- Income tax; corporations; allocation and apportionment formulas; revise................................................................... 200, 218, 301, 345, 1256
HB 192-- Local victim assistance funds; assessment and collection; amend provisions ..................................................... 201, 218, 1442
HB 193-- Deadly weapons; carrying to public gathering; exception to prohibition ....................................................................... 201, 218
HB 194-- Income tax credit; teleworking for limited period of time ........................................................................................... 201, 218, 1248, 1958
HB 195-- Parental rights; petitions to terminate; change provisions............................................................................ 202, 218, 589, 670, 3036
HB 196-- Common-sense Consumption Act; amend provisions........ 202, 218, 447, 629, 3036
HB 197-- Abortion; Woman's Right to Know Act; enact................... 202, 218, 808, 915, 1452
HB 198-- Health Care Bond Authority Act; enact............................................... 203, 218
HB 199-- Elections Code; corrections ................................................ 203, 218, 242, 297, 664
HB 200-- Subsequent Injury Trust Fund; reimbursement; dissolution........................................................................... 203, 218, 267, 572, 2877, 3076, 4418
HB 201-- Veterinarians; boarders of animals; liens for treatment.............. 204, 218, 255, 341, 672, 3037
HB 202-- Sales tax exemption; granite; quarrying and manufacturing materials ...................................................................... 211, 238
HB 203-- Ad valorem tax; exempt farm equipment under lease purchase agreement............................................................. 212, 238, 590, 872, 2789
HB 204-- Cherokee Judicial Circuit; add new judge ................................... 212, 238, 414
HB 205-- Special license plates; Georgia Center for the Book ........................... 212, 238
HB 206-- Assisted living facilities; Levels I and II; provisions .......... 213, 238, 510, 876
HB 207-- Plumbing; licensure requirements; exception............................. 213, 238, 447, 1120, 2617
HB 208-- Income tax; exclude certain severance pay ......................................... 213, 238
HB 209-- Sales tax exemption; energy for production of manufactured goods............................................................................. 214, 238
HB 210-- Income tax; exclude capital gain on certain property conversion................................................................................. 214, 238, 1248, 1817

INDEX

4737

HB 211-- Ad valorem tax; aircraft held in inventory; exclude................. 214, 238, 1012, 1213, 3037
HB 212-- Juvenile court; guardian ad litem; training for deprivation cases; exempt certain attorneys ....................... 214, 238, 294, 446, 582, 2620, 2643
HB 213-- Public school employees; disciplinary meeting; employee rights.................................................................................... 215, 238
HB 214-- Crimes; theft by conversion of health care benefits; define offense............................................................................. 215, 238, 1143
HB 215-- Local boards of education; adopt code of ethics; criminal records check ......................................................................... 215, 238
HB 216-- Pseudoephedrine sales; limitations and restrictions; requirements; penalties ............................................................. 216, 238, 1246, 1854, 3046, 3106
HB 217-- Athletic trainers; service in schools; licensing requirements; exception...................................................... 216, 238, 301, 580, 2561, 2645
HB 218-- Public records; economic development; exemption and disclosure of certain records ................................................ 216, 238, 266, 438
HB 219-- Elections; absentee voting; certain campaign activities; restrictions............................................................................................ 229, 253
HB 220-- Local government contracts; optional bidding preference; local businesses................................................................. 229, 253
HB 221-- Child support; guidelines; basic obligation amounts; Child Support Commission; create........................................... 230, 253, 1442, 1658, 4299, 4395
HB 222-- Criminal procedure; discovery in felony cases; change certain provisions................................................................ 230, 253, 545, 668, 2617
HB 223-- American Indian tribes; recognize Georgia Kokeneshv Natchez Nation .................................................................................... 230, 253
HB 224-- Divorce; additional filing fee for Children's Trust Fund ..................... 231, 253
HB 225-- Driver's license centers; priority of service; requirements......................................................................................... 231, 253
HB 226-- Tax executions; regulate transfers; prohibit certain sales.................... 231, 253
HB 227-- Sales tax exemption; food and beverage; repeal; adjustment trust fund; create................................................................ 231, 253
HB 228-- American Indian tribes; Georgia Tribe of Eastern Cherokee; delete address ..................................................................... 232, 253
HB 229-- Elections; absentee elector; extend time for advanced voting ................................................................................................... 232, 253
HB 230-- "Time for Schools Act"; enact ..................................................... 232, 253, 992

4738

INDEX

HB 231-- Torts; joint tort-feasors; award and apportionment of damages ............................................................................................... 233, 253
HB 232-- Dublin Judicial Circuit; add judge....................................................... 233, 253
HB 233-- Torts; emergency medical care; liability claims; amend provisions............................................................................................. 233, 253
HB 234-- Judicial proceedings; professional malpractice cases; use of experts ....................................................................................... 234, 253
HB 235-- Civil practice and torts; health care liability claims; noneconomic damages......................................................................... 234, 253
HB 236-- Theft; rental or lease of personal property; intent ot avoid payment due .................................................................... 234, 253, 1143, 2126, 4068, 4151
HB 237-- Hospitals; liability for acts of health care providers; requirements......................................................................................... 235, 253
HB 238-- Civil practice; venue; actions against joint defendants ....................... 235, 253
HB 239-- Civil practice; settlement offers; litigation costs ................................. 235, 253
HB 240-- Law enforcement officer or firefighter; temporary disability; filing claim......................................................... 236, 253, 447, 668, 827, 1091, 3271
HB 241-- Sheriffs; nonpartisan elections............................................................. 236, 253
HB 242-- Traffic control; signal monitoring devices; annual reports .......................................................................................... 236, 253, 636
HB 243-- Feticide; redefine manslaughter, assault, battery; define unborn child ......................................................................................... 246, 284
HB 244-- Elections and voting; amend provisions ................................... 246, 284, 1142, 2214, 3908, 4071, 4213, 4214, 4244, 4299, 4442
HB 245-- Phone cards; disclose terms at time of purchase; provisions............................................................................................. 246, 284
HB 246-- Prescription drug orders; electronic transmission; amend provisions ................................................................ 247, 284, 447, 628, 4039
HB 247-- Centerville, City of; corporate limits ................................... 247, 284, 463, 465
HB 248-- Murder; certain offender not sentenced to death; life without parole ...................................................................................... 247, 284
HB 249-- Animal shelters; sterilization of cats and dogs; penalty for noncompliance ............................................................................... 248, 284
HB 250-- Local boards of education; training members; amend certain provisions....................................................................... 248, 284, 1142
HB 251-- Judges of the Probate Courts Retirement Fund; designating surviving beneficiary........................................................ 248, 284

INDEX

4739

HB 252-- High school students; failure to pass graduation test; certain eligibility ........................................................................ 248, 284, 1440
HB 253-- Retirement; prior military service credit.............................................. 249, 284
HB 254-- Courts; establish drug court divisions; family court division pilot project; authorize digital records management ...................................................................... 249, 284, 952, 1198, 4039, 4124, 4214, 4222, 4376, 4397, 4449
HB 255-- Ad valorem tax; motor vehicles and mobile homes; registration provisions.......................................................................... 249, 284
HB 256-- Drivers' licenses; Class D permit holders; limitations............... 250, 284, 1127
HB 257-- Seat safety belts; failure to wear; increase fine ......................... 250, 284, 1127
HB 258-- Drivers' licenses; minors; revocation of permits and licenses; procedure............................................................................... 250, 284
HB 259-- Evans County; probate judge; nonpartisan election ................... 251, 284, 463, 464, 653, 655, 829, 832, 953, 960, 1256
HB 260-- Campaign contributions; electronically filed disclosure reports; amend certain provision ......................................................... 251, 284
HB 261-- Nuisances; agricultural operations; include wildlife habitat and hunting............................................................................... 251, 284
HB 262-- Chatham County and City of Savannah; board of education; nonpartisan election .......................................... 251, 284, 463, 469, 3037
HB 263-- Income tax; deduction; cost of certain classroom supplies and materials by educators ................................... 252, 284, 301, 431, 2790
HB 264-- Commission on Interstate Cooperation; change certain provisions............................................................................ 252, 284, 342, 673, 2561, 2647
HB 265-- Intangible tax; property in more than one county; prorated payment ................................................................................. 270, 316
HB 266-- Chiropractors; board of examiners; additional authority.... 271, 316, 447, 812, 4038, 4142
HB 267-- Private property; trespass towing; certain time period ............. 271, 316, 1159, 1657
HB 268-- District attorneys, assistant district attorneys, district attorney investigators; compensation ....................................... 271, 316, 1442, 1852
HB 269-- Public schools; capital outlay funds; amend provisions...................... 272, 316

4740

INDEX

HB 270-- Certificate of need; home health or infusion agency; pharmacists; exemption ....................................................................... 272, 316
HB 271-- Columbus-Muscogee County; repeal certain Acts and constitutional amendments ................................................. 272, 316, 463, 465, 2630
HB 272-- Educational and living expense grants; foster and adopted children; eligibility................................................ 273, 316, 414, 568, 2711
HB 273-- FlexAuto lanes; authorize Department of Transportation to implement ....................................................................... 274, 316, 511, 604, 2790
HB 274-- Torts; medical malpractice insurance rates; certain financial limits; provisions .................................................................. 274, 316
HB 275-- State employees; certain deferred compensation plans; transfer administration .............................................................. 274, 316, 1246, 1821, 3037
HB 276-- Motor vehicles; licensing of ignition interlock device providers .................................................................................... 275, 316, 1443
HB 277-- Drivers' licenses; driver training schools; on-road test requirement ................................................................................ 275, 316, 1127
HB 278-- Controlled substances; motor vehicles; prohibit false compartments....................................................................................... 275, 316
HB 279-- Highways; vehicles hauling certain products; weight limitation variance; violations; fines ................................ 276, 316, 798, 1077, 2789, 3055
HB 280-- Education; health and physical education courses; requirement .......................................................................................... 276, 316
HB 281-- Georgia Regional Transportation Authority; amend provisions............................................................................ 276, 316, 808, 994, 2617
HB 282-- Income tax deductions; purchases treated as expenses; contributions; Georgia National Guard .............................. 277, 316, 590, 675, 2767, 2874, 2970, 3005, 3007, 3232
HB 283-- Vernonburg, City of; homestead exemption; base year assessed value ..................................................................... 277, 316, 463, 466, 1256
HB 284-- Tybee Island, City of; homestead exemption; base year assessed value ..................................................................... 277, 316, 463, 466, 1256
HB 285-- Local boards of education; establish start date of school year....................................................................................................... 277, 316

INDEX

4741

HB 286-- Driving under the influence; persons legally entitled to use intoxicating substances; delete provisions .................................... 278, 316
HB 287-- Legitimacy petition; father may establish paternity of child ..................................................................................................... 278, 316
HB 288-- Orthotics and prosthetics practice; amend certain provisions..................................................................................... 278, 316, 636
HB 289-- Pardons and Paroles, Board of; allow certain employees assist law enforcement ........................................................ 279, 316, 447, 676, 2617
HB 290-- Health insurance; major medical policies; carry-over deductible................................................................................... 279, 316, 1441
HB 291-- Insurance; amend Code Chapters 6, 20A, 24, 27, 29, and 30................................................................................ 279, 316, 952, 2196, 3045, 3081, 3140, 3235, 3283, 3867, 4417
HB 292-- Deer hunting; seasons; bag limits; certain extended archery-only open seasons ........................................................ 280, 316, 1232, 2301, 3271
HB 293-- State Accounting Office; create.......................................... 280, 301, 316, 517, 2561, 2650
HB 294-- Speed monitoring devices; photographic systems; provisions............................................................................ 280, 316, 320, 447, 2314
HB 295-- DeKalb County Community Improvement District; amend act ............................................................................ 281, 316, 463, 466, 963
HB 296-- Family Court Division; Superior Court of Fulton County; pilot project ........................................................... 281, 316, 414, 542, 4038
HB 297-- Superior courts; family court division; authorize creation................................................................................................. 282, 316
HB 298-- Higher Education Assistance Corporation; Student Finance Authority; Medical Center Authority; amend certain provisions................................................................ 282, 316, 414, 567, 3047, 3125
HB 299-- HOPE scholarships; definitions; quarter or semester hour limitation..................................................................... 282, 316, 414, 847, 909
HB 300-- Tuition equalization grants; proprietary institutions ineligible .............................................................................................. 283, 316

4742

INDEX

HB 301-- Fishing; authorize taking by hand under certain conditions.......................................................................... 304, 341, 588, 1119, 4061
HB 302-- Dade County; homestead exemption; educational purposes .............................................................................. 305, 341, 463, 467, 1256
HB 303-- Cellular telephone service; certain requirements; provisions............................................................................................. 305, 341
HB 304-- Business and occupation tax; certain regulatory fees by local governments ................................................................................ 305, 341
HB 305-- Nonpartisan elections; certain county offices; provisions............................................................................................. 305, 341
HB 306-- Sales tax; certain tangible property used by contractors; amend provisions ...................................................................... 306, 341, 1248, 1934, 3045, 3103
HB 307-- Construction defect claim; fulfillment or settlement; provisions.................................................................................. 306, 341, 1246, 1698, 3271
HB 308-- Special license plates; Children's Healthcare of Atlanta ..................... 306, 341
HB 309-- Code Titles 31, 44, and 49; conform references to House and Senate committee names................................. 307, 341, 808, 1093, 3279, 3666
HB 310-- Georgia Telemedicine Act; enact ........................................................ 307, 341
HB 311-- Employees' Retirement; certain employees of county correctional facilities; provisions......................................................... 307, 341
HB 312-- State departments; revisions and transfer of powers and duties................................................................................... 308, 341, 463, 832, 914, 1600, 3045, 3124, 4418
HB 313-- Teachers Retirement; credit for prior service ...................................... 308, 341
HB 314-- Teachers Retirement; postretirement benefit increases; prior service credit ............................................................................... 308, 341
HB 315-- Homestead exemption; disabled veterans; surviving spouses who remarry ................................................................. 309, 341, 1248
HB 316-- Assistant public defender; provide for each juvenile division....................................................................................... 309, 341, 1143
HB 317-- Hospitals; care for nonresident indigents; reimbursement procedures................................................................... 309, 341
HB 318-- Ticket brokers; amend regulating provisions ............................ 309, 341, 1011
HB 319-- Retirement; large retirement systems; invest in securities ............................................................................. 310, 341, 447, 575, 4506

INDEX

4743

HB 320-- Commission on the Georgia Health Insurance Risk Pool; create ....................................................................... 283, 316, 999, 1632, 4405, 4410
HB 321-- Kennesaw, City of; corporate limits ................................... 310, 341, 463, 467, 1022
HB 322-- Motor vehicles; use of mobile phone; prohibit certain drivers .................................................................................................. 310, 341
HB 323-- Sheriffs; engaging in certain businesses; violation of oath....................................................................................................... 311, 341
HB 324-- Radar; operation by certain full-time peace officers only.................... 311, 341
HB 325-- Juvenile court; jurisdiction; transferring cases from Superior Court............................................................................ 311, 341, 1442
HB 326-- GBI; investigate death of any person confined in penal institution ............................................................................................. 311, 341
HB 327-- Workers' compensation; certain premium discounts; electronic submission and transmission of documents; injuries; compensations ...................................................... 312, 341, 635, 861, 3038
HB 328-- Game and fish; amend provisions relating to crabs............................. 312, 341
HB 329-- Torts; medical negligence; limit noneconomic damages .................... 312, 341
HB 330-- Insurance; consumer protection; establish task force .......................... 313, 341
HB 331-- Prescription drugs; outpatient; pharmacy reimbursement ..................................................................................... 313, 341
HB 332-- Stephens County; probate judge; nonpartisan elections ..... 313, 341, 463, 470, 2631
HB 333-- Juvenile proceedings; disposition of deprived child; reunification efforts; child placement........................................ 314, 341, 1143
HB 334-- Juvenile courts; salary supplements; amend provisions ........... 314, 341, 1143, 1965, 4061
HB 335-- Juvenile proceedings; court supervision fees; amend certain provisions................................................................................. 314, 341
HB 336-- Employees' Retirement and Judicial Retirement; certain membership; creditable service ........................................................... 315, 341
HB 337-- Vending facilities on state property; blind vendors; revise and add definitions .................................................................... 325, 426
HB 338-- Hunting; primitive weapons; amend provisions .......................... 326, 426, 588
HB 339-- Torts; limit medical damages; liability of facilities; provisions............................................................................................. 326, 426
HB 340-- Public disclosure of records; postsecondary educational institutions; donors personal information ......................... 316, 341, 414, 1224, 3140, 3655

4744

INDEX

HB 341-- Sales tax exemption; certain airline industry transactions ............................................................................... 326, 426, 1248, 1586, 3280, 3651
HB 342-- Special license plates; Benevolent and Protective Order of Elks .................................................................................................. 327, 426
HB 343-- Valdosta State University's Peach State Summer Theatre; designate official musical theatre ............................... 327, 426, 1753
HB 344-- Firefighters' Pension Fund; return to service after retirement; benefit................................................................................ 327, 426
HB 345-- Game and fish; hunting within vicinity of bait feeds on private land .......................................................................................... 328, 426
HB 346-- Lottery for education; method of payment for tickets .............. 328, 426, 1011, 1593
HB 347-- State crime laboratory; private contract laboratories; reports ............................................................................... 328, 426, 952, 1630, 3038
HB 348-- Peace Officers' Annuity and Benefit Fund; amend provisions............................................................................................. 329, 426
HB 349-- Sheriffs; suspension; maximum time and extension ........................... 329, 426
HB 350-- Physician's assistants; service to indigent patients; costs .................... 329, 426
HB 351-- Sales tax; retailer selling service; imposition and collection.............................................................................................. 329, 426
HB 352-- Sewage Holding Tank Act; revise ....................................................... 330, 426
HB 353-- Industrial Hygiene, Health Physics, and Safety Profession Recognition and Title Protection Act; enact........... 330, 426, 1011, 2319, 4061
HB 354-- Public retirement systems; investment; limitation; current market value ............................................................................ 330, 426
HB 355-- Class Nine Fire Department Pension Fund; secretarytreasurer renamed executive director........................................ 331, 426, 1066, 2152, 4061
HB 356-- Commerce, City of; school tax; millage rate ...................... 331, 426, 463, 467, 4507
HB 357-- Class Nine Fire Department Pension Fund; increase maximum monthly retirement benefit ................................................. 331, 426
HB 358-- Department of Community Health; contract with care management; drug rebates; require refund .......................................... 331, 426
HB 359-- Elections; voter to view all sections of proposed constitutional amendment .................................................................... 332, 426
HB 360-- Richmond Hill, City of; new charter .................................. 332, 426, 463, 468, 4062
HB 361-- State Public Transportation Fund; limits on collections and expenditures ........................................................................ 332, 426, 1775

INDEX

4745

HB 362-- Employees' Retirement; certain groups included ................................ 333, 426
HB 363-- Motor vehicles; state vehicles; license plates; requirements............................................................................... 333, 426, 1127
HB 364-- Motor vehicles; certificates of title; proof of sales tax payment............................................................................. 334, 426, 472, 1012, 1626, 3280, 3617
HB 365-- Truth in Representation Act of 2005; enact......................................... 334, 426
HB 366-- Indigents; legal defense; amend certain provisions .......... 334, 426, 952, 1863, 3046, 3083, 3236, 3496, 3662, 3908, 4157, 4243
HB 367-- Driver training and commercial driver training schools; licensing provisions .................................................................. 334, 426, 1127, 1936, 3047, 3084
HB 368-- Tax executions; property; prohibit sale to county tax commissioners ........................................................................... 335, 426, 1442
HB 369-- Motorcycles; protective headgear; exempt certain persons ................................................................................................. 335, 426
HB 370-- Ad valorem tax; certain charitable institutions; exemption............................................................................................. 335, 426
HB 371-- Health insurance plan; state or political subdivisions; definition.................................................................................... 336, 426, 1431
HB 372-- Georgia Education Authority; private schools lease public property; prohibit ........................................................... 336, 426, 1142, 2368, 3038
HB 373-- Teachers Retirement System; members of local funds; nonsectarian schools ................................................................... 336, 426, 637, 2369, 3271
HB 374-- Hotel-motel tax; certain trails and walkways; expenditure requirements; rates levied ..................................... 336, 426, 1012, 1955, 3280, 3833, 3907, 3908, 4070, 4355, 4442
HB 375-- Prepaid legal services plans; amend provisions......................... 337, 426, 1441
HB 376-- Juries; exemption; caregivers of certain children ...................... 337, 426, 1442
HB 377-- Chiropractors; revoke license or discipline licensee; additional grounds...................................................................... 337, 426, 1011
HB 378-- Marriage license applications; premarital education; provisions.................................................................................. 338, 426, 1066, 1653, 4507
HB 379-- Employees' Retirement; disability benefits; eligibility provisions............................................................................................. 417, 462

4746

INDEX

HB 380-- McIntosh County; chief magistrate; nonpartisan elections .............................................................................. 418, 462, 653, 655, 829, 832, 953, 960
HB 381-- Employees' Retirement; optional retirement allowances; technical corrections ................................................................... 418, 462, 637, 1026, 4062
HB 382-- McIntosh County; homestead exemption; base year assessed value ..................................................................... 418, 462, 653, 657, 3038
HB 383-- State Health Benefit Plan; certain vested judges and district attorneys; continue coverage ......................................... 418, 462, 3076
HB 384-- Motor fuel tax; additional exemption; limited time period; provisions ............................................................... 419, 462, 590, 914, 2790
HB 385-- State Board of Cosmetology; terminate; repeal Chapter 10 of Title 43........................................................................................ 419, 462
HB 386-- Conspiracy to commit a crime; change certain penalties .......... 419, 462, 1143
HB 387-- Criminal attempt; change certain penalties................................ 420, 462, 1143
HB 388-- Optional employee benefit plans; certain governmental entities; administrative fees ....................................................... 420, 462, 1441
HB 389-- Income tax credits; certain businesses; less developed areas .......................................................................................... 420, 462, 1012, 1629, 3039
HB 390-- State Commission on the Efficacy of the Certificate of Need Program; create.................................................................. 420, 462, 808, 1201, 3039
HB 391-- Retirement; circuit public defender; select Employees' or Judicial System................................................................................ 421, 462
HB 392-- Health care management organizations; quality assessment fee; provisions ........................................................ 340, 426, 1010, 1162, 3271
HB 393-- Income tax credits; telecommuting; employers convert certain work force ................................................................................ 340, 426
HB 394-- Disabled adults or elder persons; protective services; public guardians; definitions and provisions .............................. 340, 426, 796, 1212, 2962, 3059
HB 395-- Special license plates; Purple Heart; certain inscription ..................... 421, 462
HB 396-- Cobb County state court; clerk; chief deputy clerk; compensation ...................................................................... 421, 462, 953, 954, 2348, 2785

INDEX

4747

HB 397-- Cobb County state court; compensation of judges and associate judges................................................................... 422, 462, 953, 959, 1257
HB 398-- Criminal solicitation; crime punishable by death or life imprisonment; penalty ............................................................... 422, 462, 1143
HB 399-- Public School Employees Retirement; retire at 60 years of age or 30 years of service ................................................................ 422, 462
HB 400-- Teachers Retirement; postretirement benefit increase; provisions............................................................................................. 422, 462
HB 401-- Coastal waters, beaches, and sand dunes; permits or variance applications; timely decisions ............................................... 423, 462
HB 402-- Special license plates; emergency medical services personnel.............................................................................................. 423, 462
HB 403-- Clerks of superior court and coroners; qualifying; nonpartisan election ............................................................................. 423, 462
HB 404-- Unemployment due to military reassignment of spouse; allow benefits.............................................................................. 423, 462, 588, 1872, 3039
HB 405-- Georgia War Veterans Nursing Home Trust Fund; special license plates; create ........................................................ 424, 462, 585
HB 406-- Trusts; allocation of principal and income; amend provisions.................................................................................... 424, 462, 797, 1095, 3272
HB 407-- Insurance; administrators; agents; insolvency pool; definitions and provisions......................................................... 425, 462, 1246, 1851, 3281, 3469
HB 408-- Greene County; board of education members and chairperson; compensation ................................................. 425, 462, 653, 657, 1022
HB 409-- Lumpkin County; sealed bids; amend provisions............... 455, 509, 653, 657, 1155
HB 410-- Lumpkin County; tax commissioner; compensation .......... 455, 509, 653, 657, 1155
HB 411-- Lumpkin County; clerk of superior court; probate judge; compensation ........................................................... 455, 510, 653, 658, 1155
HB 412-- Lumpkin County; sheriff; compensation ............................ 455, 510, 653, 658, 1156
HB 413-- Lumpkin County; probate court; charge technology fee .... 456, 510, 653, 658, 1156
HB 414-- Lumpkin County; magistrate court; charge technology fee........................................................................................ 456, 510, 653, 658, 1156

4748

INDEX

HB 415-- Crisp County; board of elections and registration; create... 456, 510, 653, 659, 2618
HB 416-- Torts; asbestos or silica claims; definitions and provisions............................................................................ 457, 510, 797, 966, 2619, 2672
HB 417-- Hospital Infections Disclosure Act; enact ........................................... 457, 510
HB 418-- Insurance; electronic notice of cancellation of policies to lienholders............................................................................... 457, 510, 952, 2093, 3272
HB 419-- Misdemeanor traffic offenses; fines to be paid into state treasury................................................................................................. 458, 510
HB 420-- National Infantry Museum property; ColumbusMuscogee County; cession of concurrent jurisdiction to the United States ....................................................................... 458, 510, 1233, 2193, 3272
HB 421-- Student violence against teacher; remain in class at discretion of teacher............................................................................. 458, 510
HB 422-- Dealers in agricultural products; surety bond requiements; amend ............................................................................. 458, 510
HB 423-- Graduation test; students failing science portion; certain eligibility.............................................................................................. 459, 509
HB 424-- Bianca Walton Anti-Bullying Act; enact............................................. 459, 509
HB 425-- Insurers; permit food and refreshments under certain circumstances........................................................................... 459, 510, 1441, 2307
HB 426-- Georgia Smokefree Air Act of 2005; enact ......................................... 460, 510
HB 427-- Insurance; private passenger motor vehicles; certain state-wide rates and regulations........................................................... 460, 510
HB 428-- Property insurance; warranty service agreements; amend provisions ...................................................................... 460, 510, 1246, 1700, 2789, 3104
HB 429-- Setoff debt collection; claimant agencies; include public housing authorities..................................................................... 504, 560, 1248
HB 430-- "Karon's Law"; enact ........................................................................... 505, 560
HB 431-- Unclaimed property; certain abandoned dividends or credits; disposition .................................................................... 505, 560, 1248, 1873, 3273
HB 432-- Work release programs; felony sentences; provisions .............. 505, 560, 1143
HB 433-- Nonpartisan elections; include certain county officers........................ 506, 560
HB 434-- Employees' Retirement; temporary full-time or parttime; additional creditable service ....................................................... 506, 560

INDEX

4749

HB 435-- Sales tax exemption; professional hunting guide services................................................................................................. 506, 560
HB 436-- Environmental Facilities Authority; rename; amend provisions............................................................................................. 507, 561
HB 437-- Public disclosure; exempt certain personal information........... 507, 561, 1122, 1441, 1888, 3273
HB 438-- Georgia War Veterans Nursing Homes; executive directors; appointment ................................................................ 507, 561, 588, 1871, 3039
HB 439-- Free license plates; certain disabled veterans; Department of Veterans Services; duties................................... 508, 561, 1247
HB 440-- Georgia veterans cemeteries; interment; remove residency requirement................................................................. 508, 561, 588, 1206, 4062
HB 441-- Hunting and fishing; honorary licenses for disabled persons; certification.................................................................. 508, 560, 1126
HB 442-- Occupation taxes; administrative or regulatory fees; exemption certification ....................................................... 508, 560, 585, 588, 1651, 4062
HB 443-- Insurance; insurable interest in life of insured..................................... 509, 560
HB 444-- Professional engineers and land surveyors; change certification requirements ........................................................... 547, 599, 636, 1105, 4063
HB 445-- Tax sales; disposition of excess proceeds; amend certain provision .................................................................................. 548, 599
HB 446-- Tax sales; excess proceeds; redemption period; amend provisions............................................................................................. 548, 599
HB 447-- Tax executions; certain transfers; required notice; amend provisions ................................................................................. 548, 599
HB 448-- Tax executions; issuance and transfer; amend provisions............................................................................................. 548, 599
HB 449-- McIntosh County; board of commissioners; staggered elections .............................................................................. 549, 599, 653, 659, 3040
HB 450-- McIntosh County; homestead exemption; base year assessment........................................................................... 549, 599, 653, 659, 3040
HB 451-- Nonprofit youth development organizations; licensing; exemptions ................................................................................... 549, 599, 668
HB 452-- Dog and cat sterilization fund; contributions; state income tax returns..................................................................... 550, 599, 1248, 1957, 4063

4750

INDEX

HB 453-- Clerks of courts; documents and records; create and maintain digital copies ......................................................................... 550, 600
HB 454-- Cobb County; chief deputy sheriff, investigator, executive assistant; compensation ...................................... 550, 600, 953, 955, 1257
HB 455-- Motor vehicles; new and used dealers; temporary license plates and sales sites; amend provisions....................... 551, 600, 1443, 2094, 3273
HB 456-- Cobb Judicial Circuit; judges; supplement ......................... 551, 600, 953, 956, 1257
HB 457-- Social Circle, City of; new charter ..................................... 551, 600, 653, 660, 1023
HB 458-- Commercial Transportation Advisory Committee; create ......................................................................................... 552, 600, 1001, 1623, 3273
HB 459-- Employees' Retirement; disability benefits; amend provisions.................................................................................... 552, 600, 828, 1107, 4063
HB 460-- Public retirement systems; compliance with Internal Revenue Code; provisions .......................................................... 552, 600, 828, 1027, 4063
HB 461-- Liberty County; board of education; chairperson and members; per diem.............................................................. 552, 600, 653, 660, 1257
HB 462-- Local boards of education; health benefit plan; certain members..................................................................................... 553, 600, 1440
HB 463-- Employees' Retirement; group term life; define.................................. 553, 600
HB 464-- Teachers Retirement; prior service; define.......................................... 553, 600
HB 465-- Loitering on school premises; failure to leave when requested; penalty ...................................................................... 553, 600, 1215
HB 466-- Stewart County; dispersing clerk; appointment, bond, and duties ............................................................................ 554, 600, 953, 956, 1794
HB 467-- Food service establishments; Department of Human Resources establish grading sheet .............................................. 554, 600, 808, 1111
HB 468-- Income tax credit; businesses adding employees; computation ......................................................................................... 554, 599
HB 469-- Local development authorities; authorize per diem................... 555, 599, 1441
HB 470-- Official Code of Georgia; change references to "911" to read 9-1-1.................................................................................. 555, 599, 1443, 2160, 4068, 4166

INDEX

4751

HB 471-- Drivers' licenses; anatomical gifts; wording of notation affixed to license.................................................................................. 555, 599
HB 472-- Executive branch; privatization contracts; requirements........... 556, 599, 1441
HB 473-- Probation; first offenders; amend provisions....................................... 556, 599
HB 474-- Judicial Retirement; include secretaries of superior court judges.......................................................................................... 556, 599
HB 475-- Superior court clerk; serve in state, magistrate, and juvenile court of county ....................................................................... 557, 599
HB 476-- Superior Court Clerks' Retirement; amend provisions ........................ 557, 599
HB 477-- Counties housing state inmates awaiting transfer; reimbursement rate .............................................................................. 557, 600
HB 478-- Motor vehicles; registration and licensing; government owned vehicles; remove certain requirement ...................................... 558, 600
HB 479-- Employees' Retirement; assistant district attorney or public defender; certain creditable service .......................................... 558, 600
HB 480-- Judicial Retirement; creditable service; prior service in Employees' Retirement ........................................................................ 558, 600
HB 481-- Butts County; board of commissioners; compensation ...... 559, 600, 653, 660, 1023
HB 482-- Large retirement systems; certain investments; certain percentage; requirements ..................................................................... 559, 600
HB 483-- Teachers Retirement; credit for prior service ...................................... 559, 600
HB 484-- Hunting deer with dogs; certain private land; license; provide ................................................................................................. 559, 600
HB 485-- Chattooga County; board of education; compensation....... 560, 600, 653, 661, 1258
HB 486-- Judicial Retirement; creditable service for certain prior service; transfer contributions.............................................................. 592, 652
HB 487-- Sales tax exemptions; charitable sales to child care service providers; fuel sales for crop irrigation ................ 593, 652, 808, 1207, 2877, 3054, 3132, 3133, 3141, 3615
HB 488-- State and Local Tax Revision Act of 2005; enact .................... 593, 652, 1248, 1901, 3432, 3889
HB 489-- Gwinnett Judicial Circuit; add judge ......................................... 593, 652, 1442
HB 490-- HOPE scholarships; eligibility; hour limits; amend provisions............................................................................................. 594, 652
HB 491-- Towns County; board of commissioners; reconstitute ........................ 594, 652
HB 492-- Judicial Retirement System; dates and election for participation; amend ................................................................. 595, 652, 1128, 2155, 4064
HB 493-- Special county 1 percent sales tax; amend provisions......................... 595, 652

4752

INDEX

HB 494-- Notaries public; additional qualifications; applications; amend provisions ................................................................................. 595, 652
HB 495-- Teachers Retirement; reemployment of retired teachers .......... 595, 652, 1128, 1823, 4069, 4146
HB 496-- Dams; require Department of Natural Resources provide certain information to superior court clerks .................. 596, 652, 953, 1160, 3274
HB 497-- Student health; body mass index in report cards; provisions............................................................................................. 596, 652
HB 498-- Mortgage loan officers; definitions and provisions ............................. 596, 652
HB 499-- Congressional districts; composition and election provisions.................................................................................. 597, 652, 1011, 1459, 2791, 2900
HB 500-- Guardians of adults; amend provisions; public guardians; definitions................................................................. 597, 652, 1442
HB 501-- Department of Driver Services; create as successor to Department of Motor Vehicle Safety ....................................... 597, 652, 1443, 1966, 3139, 3686
HB 502-- Marion County; board of education; compensation ........... 639, 807, 953, 957, 4507
HB 503-- Hunting deer with dogs; open seasons; amend certain provisions............................................................................................. 640, 807
HB 504-- Special license plates; Georgia Automobile Racing Hall of Fame Association ............................................................................ 640, 807
HB 505-- Hotel-motel tax; review board; amend certain provisions.................................................................................. 640, 807, 1248, 1834, 4064
HB 506-- Special license plates; promoting the arts in Georgia.......................... 640, 807
HB 507-- Atkinson County; board of education; compensation ........ 641, 807, 953, 957, 1452
HB 508-- Coroners and deputy coroners; compensation; provisions............................................................................................. 641, 807
HB 509-- Planning and Budget, Office of; program budgeting; revenue shortfall reserve........................................................... 641, 807, 1440, 2131, 3281, 3439, 3496, 3839, 3907, 4430, 4527
HB 510-- Counties and municipalities; public water and sewage systems; prohibitions; exceptions ........................................................ 642, 807
HB 511-- Bronwood, City of; new charter ......................................... 642, 807, 953, 957, 2631
HB 512-- Lee County; utilities authority; change composition.......... 642, 807, 953, 958, 2618

INDEX

4753

HB 513-- Drivers' licenses; certain records; furnish to Georgia Bureau of Investigation.............................................................. 643, 807, 1442
HB 514-- Court reports; rules and decision compilations; provisions................................................................................... 643, 807, 1442
HB 515-- Optometrists; prescribe oral and topical pharmaceuticals ................................................................................... 643, 807
HB 516-- Ad valorem tax; county tax digest; assessed valuations............ 644, 807, 1248
HB 517-- DeKalb County Commission; allow individuals to speak on issues.......................................................................... 644, 807, 1248, 1249
HB 518-- All-terrain vehicles; certain registration, titling, and operation; provisions............................................................................ 644, 807
HB 519-- Outdoor advertising; certain adult entertainment; prohibit signs........................................................................................ 645, 807
HB 520-- Employment security; amend certain provisions; Department of Labor; supplemental appropriation .................... 645, 807, 913, 2115, 3047, 3112
HB 521-- Sheriffs; vacancies in office; amend provisions ....................... 645, 807, 1142, 2140, 3274
HB 522-- Cobb County-Marietta Water Authority; immunity; amend provisions ...................................................................... 646, 807, 1012, 1013, 2618
HB 523-- Rail Passenger Authority; commuter rail project; requirements for expenditures ............................................................. 599, 652
HB 524-- Health insurance funds; teachers and school employees; combine with other funds .......................................................... 599, 652, 1441
HB 525-- Highway Authority; one-time transfer of trust funds ................ 646, 807, 1126
HB 526-- International and Maritime Trade Center Authority; membership......................................................................... 646, 807, 953, 958, 4064
HB 527-- Tax commissioners and tax collectors; tax sales proceeds; ex officio sheriffs................................................................. 646, 807
HB 528-- Georgia Election Code; extensive revisions ........................................ 800, 827
HB 529-- Public retirement; members convicted of certain crimes; forfeit benefits...................................................................................... 648, 807
HB 530-- Transportation, Department of; design-build contracts; revise criteria............................................................................. 800, 827, 1001, 1862, 3281, 3612
HB 531-- Council of Municipal Court Judges of Georgia; membership provisions ........................................................................ 800, 827
HB 532-- Brooks County; nonpartisan elections ................................. 801, 827, 953, 961

4754

INDEX

HB 533-- Waste disposal sites; increase distance from county or city boundaries..................................................................................... 801, 827
HB 534-- Georgia Firefighters' Pension Fund; amend certain provisions............................................................................................. 648, 807
HB 535-- Judicial accounting; penalties for failure to remit funds; repeal.......................................................................................... 801, 827, 1442
HB 536-- Income tax credits; certain counties; wireless telecommunications carrier.................................................................. 648, 807
HB 537-- Employees' Retirement; certain General Assembly membership; repeal provisions .................................................. 649, 807, 1128
HB 538-- Income tax; military income exclusion; amend provisions.................................................................................. 649, 807, 1248, 1896, 4417, 4437, 4439, 4440, 4441, 4460, 4528
HB 539-- Georgia Entertainment Industry Investment Act; provisions.................................................................................. 649, 807, 1248, 1889, 3274
HB 540-- Superior Court Clerk's Retirement Fund; membership dues; provisions ......................................................................... 650, 807, 1128
HB 541-- Sales tax; exemptions for sales by child services agencies; clarify ......................................................................... 650, 807, 1248
HB 542-- Drivers' licenses; driver improvement clinics; provisions............................................................................................. 801, 827
HB 543-- Education; local boards; allow certain donations of sick leave .......................................................................................... 802, 827, 1142, 2128
HB 544-- Carrying weapons in school safety zones; prohibition; include parks ........................................................................................ 802, 827
HB 545-- Teachers Retirement; reemployment of retired teachers ..................... 802, 827
HB 546-- Chiropractors; change code references; chiropractic physicians............................................................................................. 802, 827
HB 547-- Impact fees; single family construction; provide maximum ............................................................................................. 803, 827
HB 548-- State funded health care; applicants submit employment data; provisions .................................................................................... 803, 827
HB 549-- Special license plates; Alzheimer's Association, Georgia Chapter................................................................................... 650, 807
HB 550-- Georgia Water Quality Control Act; change certain provisions; provide for fees ................................................................. 804, 827
HB 551-- Georgia Economic Development and Fiscal Accountability Act; enact .................................................................... 651, 807

INDEX

4755

HB 552-- Motor vehicles; issue permit for certain lights, sirens, and markings to private vehicles ............................................... 804, 827, 1247
HB 553-- Education degree programs; professional associations not a condition of enrollment.................................................... 804, 827, 1126, 2114, 3275
HB 554-- Teachers Retirement; prior service credit; Regents Retirement............................................................................................ 651, 807
HB 555-- Legislative Retirement; member's salary and per diem....................... 651, 807
HB 556-- Georgia Public Revenue Code; repeal certain statutes and provisions ........................................................................... 821, 904, 1248, 2375, 3275
HB 557-- County police; inspection of road and bridges; repeal ............. 822, 904, 1127, 2371, 3275
HB 558-- Alcoholic beverages; counterfeiting, forging, or reuse of tax stamps; repeal provisions ............................................... 822, 904, 1127, 2372, 3275
HB 559-- Sales tax exemption; certain energy efficient products; limited time period.................................................................... 822, 904, 1248, 2145, 4405, 4414
HB 560-- Ad valorem tax; county tax assessors; property valuation appeal; change certain provision.......................................... 822, 904
HB 561-- Probate courts; additional civil filing fee; clarify ...................... 823, 904, 1442
HB 562-- Public Service Commission; regulatory assessments; amend provisions ................................................................................. 823, 904
HB 563-- Alcoholic beverages; furnishing to underage persons; redefine offense.................................................................................... 805, 827
HB 564-- Alcoholic beverages; prohibit purchasing; persons under 21 ............................................................................................... 805, 827
HB 565-- Alcoholic beverages; prohibit consumption; persons under 21 ............................................................................................... 806, 827
HB 566-- Family planning services; medical referral; requirements......................................................................................... 806, 827
HB 567-- Employees' Retirement; law enforcement personnel; benefits................................................................................................. 823, 904
HB 568-- Teachers Retirement; credit for service in underperforming school....................................................................... 824, 904
HB 569-- Driver training schools; operated on private property; provide exception................................................................................. 824, 904
HB 570-- Interlocal Cooperation Act; enact ............................................. 806, 827, 1000, 1113, 2790
HB 571-- Medical malpractice; procedures relating to actions ........................... 824, 904
HB 572-- Evidence; expert witnesses; qualifications .......................................... 825, 904

4756

INDEX

HB 573-- Civil Practice; venue; actions against joint defendants ....................... 825, 904
HB 574-- Civil Practice; offers of judgment; provide for procedures............................................................................................ 825, 904
HB 575-- Medical malpractice; health information; disclosure .......................... 826, 904
HB 576-- Ungraded milk, raw whole milk, and condensed or evaporated milk; definitions, standards, and requirements......................................................................................... 891, 951
HB 577-- Drivers' licenses; provide for destruction of certain fingerprint records; prohibit requirement ................................. 892, 951, 1442, 2377, 3283, 3658
HB 578-- Employees' Retirement; State Patrol; retire at 55 years or 25 years of service ........................................................................... 892, 951
HB 579-- Marion County; board of commissioners; chairperson; compensation ............................................................................ 892, 951, 1012, 1014, 4507
HB 580-- Electronic recording voting systems; permanent paper records; provisions............................................................................... 893, 951
HB 581-- Bremen, City of; board of education; sole authority over budget........................................................................................ 893, 951, 1012, 1014, 4064
HB 582-- Employees' Retirement; temporary full-time service; obtain creditable service ...................................................................... 893, 951
HB 583-- Patterson, City of; mayor and city council; membership and elections ............................................................................. 894, 951, 1012, 1014, 2763
HB 584-- Georgia Driver's Education Commission; create; Joshua's Law ........................................................................................ 894, 951
HB 585-- Berrien County; board of elections and registration; create ......................................................................................... 894, 951, 1012, 1017, 2764
HB 586-- American Indian tribes; Southeastern Cherokee Council, Inc.; state recognition .................................................... 895, 951, 992
HB 587-- Irwin County; nonpartisan elections; chief magistrate ............. 895, 951, 1012, 1017, 4508
HB 588-- Irwin County; nonpartisan elections; probate judge................. 895, 951, 1012, 1017, 4508
HB 589-- Georgia Cemetery and Funeral Services Act of 2000; repeal.................................................................................................... 895, 951
HB 590-- Peachtree City, City of; homestead exemption; certain residents .................................................................................... 896, 951, 1012, 1018, 2632
HB 591-- Bonds or recognizances; forfeiture proceedings; deportation ................................................................................. 896, 951, 1442

INDEX

4757

HB 592-- Bail bondsmen; compensation; definition ........................................... 896, 951
HB 593-- Bonds or recognizances; forfeiture due to failure to appear; notice....................................................................................... 896, 951
HB 594-- Bail bonds; fees of sureties ........................................................ 897, 951, 1442
HB 595-- DeKalb County; homestead exemption; current year assessed value ........................................................................... 897, 951, 1012, 1018
HB 596-- Bail recovery agents; identification cards; requirements .................... 897, 951
HB 597-- Elections; amend provisions ...................................................... 898, 951, 1441
HB 598-- Peach County; nonpartisan elections; probate judge ................ 898, 951, 1012, 1018, 1794
HB 599-- Peach County; nonpartisan elections; chief magistrate ............ 898, 951, 1012, 1018, 1794
HB 600-- Hall County; board of education; compensation ...................... 898, 951, 1143, 1145, 4065
HB 601-- Wilkes County; coroner; increase salary .................................. 899, 951, 1012, 1019, 4508
HB 602-- Medicaid or state funded health care programs; immunosuppressives; required coverage............................................. 899, 951
HB 603-- Greensboro, City of; corporate limits ....................................... 899, 951, 1012, 1019
HB 604-- Regional development centers; fee for reviewing certain actions by local governments............................................................... 900, 951
HB 605-- Children and youth services; child protective services workers; amend provisions .................................................................. 900, 951
HB 606-- Public Employees Labor Relations Commission; create..................... 900, 951
HB 607-- Criminal procedure; serious violent offenders; eliminate mandatory minimum punishment ........................................................ 901, 951
HB 608-- License to practice medicine for certain graduates; prosthetic services; assistant and technician supervision; amend provisions ...................................................................... 901, 951, 1066, 1694, 3281, 3663
HB 609-- Courts; requesting judicial assistance from other courts, judges, and senior judges ..................................................................... 901, 951
HB 610-- Southern Judicial Circuits; judges; supplement compensation ............................................................................ 902, 951, 1067, 1068, 3275
HB 611-- Eatonton-Putnam Water and Sewer Authority; create.............. 902, 951, 1143, 1146, 2347
HB 612-- Warren County; nonpartisan elections; probate judge ............. 902, 951, 1012, 1019, 1794

4758

INDEX

HB 613-- Drivers' licenses; bioptic drivers; change renewal period......... 903, 951, 1247, 2194, 4065
HB 614-- Gwinnett County; Recorder's Court; assistant solicitor............ 903, 951, 1067, 1068, 4065
HB 615-- Elbert County; board of commissioners; chairperson; election and powers .................................................................. 903, 951, 1012, 1020, 1794
HB 616-- Echols County; nonpartisan elections; probate judge............. 943, 1010, 1067, 1069, 3040
HB 617-- Dahlonega, City of; mayors and councilmembers; election and terms ................................................................... 944, 1010, 1143, 1146, 3276
HB 618-- Lincoln County; board of elections and registration .............. 944, 1010, 1067, 1069, 1795
HB 619-- Lincoln County; Board of Commissioners of Roads and Revenue .................................................................................. 944, 1010, 1067, 1069, 1795
HB 620-- In-home services/residential delivery subcontractors; background checks............................................................................. 944, 1010
HB 621-- Special license plates; promote special historic preservation........................................................................................ 945, 1010
HB 622-- Telegraph companies; dispatch or message deliveries; repeal certain provision........................................................... 945, 1010, 1247, 2373, 3276
HB 623-- Marion County; board of elections and registration; compensation .......................................................................... 945, 1010, 1067, 1069, 1795
HB 624-- Marion County; board of commissioners; correct date .......... 946, 1010, 1067, 1070, 4508
HB 625-- Nationally certified school psychologists, social workers, and counselors; salary increase........................................... 946, 1010
HB 626-- Teachers Retirement; reemployment of retired teachers ................... 946, 1010
HB 627-- Preston, City of; office of mayor and commissioners; terms and elections.................................................................. 947, 1010, 1144, 1149, 1795
HB 628-- Lee County; board of commissioners; qualifications of members.................................................................................. 947, 1010, 1067, 1070, 2618
HB 629-- Charter schools; revise legislative intent; amend certain provisions................................................................................ 947, 1010, 1440, 2320
HB 630-- Job Development Authority; promote creation and retention of jobs ................................................................................. 948, 1010

INDEX

4759

HB 631-- Real estate transfer tax; General Assembly impose by local law ............................................................................................. 948, 1010
HB 632-- Pembroke, City of; building permits; amend provisions........ 948, 1010, 1067, 1070, 4508
HB 633-- Bibb County; office of county surveyor; abolish ................... 948, 1010, 1067, 1071, 4509
HB 634-- Bryan County; homestead exemption; certain residents ................... 949, 1010
HB 635-- Rockdale Judicial Circuit; court reporters' salary; provisions................................................................................ 949, 1010, 1067, 1071, 1795
HB 636-- Conyers, City of; homestead exemption; assessed value ....... 949, 1010, 1144, 1149, 1796
HB 637-- Development Impact Fee Act; amend provisions.............................. 950, 1010
HB 638-- Consumer reporting agencies; require notice of security breaches ................................................................................... 950, 1010, 1265
HB 639-- Ellaville, City of; city manager and city clerk; appointment .......................................................................... 1002, 1065, 1143, 1151, 1796
HB 640-- Sewerage service suppliers; include storm-water runoff; prohibit certain liens ........................................................................ 1003, 1065
HB 641-- Buford, City of; ad valorem tax assessment; phase-in period .................................................................................... 1003, 1065, 1143, 1151
HB 642-- Buford, City of; homestead exemption; residents 70 years or older ........................................................................ 1003, 1065, 1143, 1151
HB 643-- Long-Term Care Partnership Program; establish ................. 1004, 1065, 1246, 2148, 3040
HB 644-- Employees' Retirement; allowable service; change provisions......................................................................................... 1004, 1065
HB 645-- Public School Employees Retirement; increase allowable benefit.............................................................................. 1004, 1065
HB 646-- Attorney General; consumer protection; initiate civil actions .............................................................................................. 1005, 1065
HB 647-- School Health and Physical Education Support Fund; special license plates........................................................................ 1005, 1065
HB 648-- Businesses that collect computerized data; disclose breach of security..................................................................... 950, 1010, 1443
HB 649-- Identity fraud; companies collecting identifying information; requirements..................................................... 1005, 1065, 1265, 1744

4760

INDEX

HB 650-- Cobb County Probate Court; compensation of judge and clerk ...................................................................................... 1006, 1065, 1144, 1152, 2619
HB 651-- District attorneys emeritus; salary; eligibility.................................. 1006, 1065
HB 652-- Revenue, Department of; contracting private entities for collections; prohibit ......................................................................... 1006, 1065
HB 653-- Public Safety Training Center facilities; allow retired officers use....................................................................................... 1007, 1065
HB 654-- All-terrain vehicles; additional definitions; provisions ......... 1007, 1065, 1443
HB 655-- Telecommunications; audible information access system for blind citizens .................................................................. 1007, 1065
HB 656-- Public employees; fraud, waste, and abuse; complaints or information .................................................................................. 1007, 1065
HB 657-- Corrections, Board and Department; appearances by General Assembly members ............................................................ 1008, 1065
HB 658-- Sales tax exemption; electricity sales for crop irrigation; include nursery stock ....................................................................... 1059, 1141
HB 659-- Consolidated government; voting provisions; effects of abstention and ties................................................................. 1060, 1141, 1441, 2311
HB 660-- Firefighters' & Class Nine pension funds; certain active military duty; creditable service ...................................................... 1060, 1141
HB 661-- School clubs; local boards provide information to parents; policies and procedures...................................................... 1060, 1141
HB 662-- Game and fish; resident and nonresident; one-day and three-day license fees............................................................ 1009, 1065, 1440, 2186, 3041
HB 663-- Cobb County; office of tax commissioner employees; compensation ........................................................................ 1061, 1141, 1248, 1250, 2619
HB 664-- Corrections, Board and Department; appearances by General Assembly members ................................................. 1009, 1065, 1232, 1428, 2320
HB 665-- Public employees; fraud, waste, and abuse; complaints or information ....................................................................... 1010, 1065, 1232, 1428, 4509
HB 666-- Peace Officers' Annuity and Benefit Fund; prior service credit ................................................................................................ 1061, 1141
HB 667-- Correctional institutions; inmate commissaries..................... 1061, 1141, 2601
HB 668-- Hunting and fishing; lifetime licenses for certain veterans ............................................................................................ 1061, 1141

INDEX

4761

HB 669-- Public Service Commission; audible universal information access services for the blind; guidelines; funding .................................................................................. 1062, 1141, 1442, 2308, 4441, 4443
HB 670-- State officials and employees; travel expenses; change mileage rate...................................................................................... 1130, 1245
HB 671-- Fulton County; change number of magistrates..................... 1131, 1245, 1444, 1446, 3041
HB 672-- Wills and trusts; amend Revised Probate Code of 1998 ................. 1131, 1245
HB 673-- Coffee County; board of elections and registration.............. 1131, 1245, 1775, 1778, 2764
HB 674-- Coffee County; tax commissioner; salary............................. 1132, 1245, 1444, 1446, 2764
HB 675-- Pawnbrokers; amend certain provisions; provide for title pawn transactions ..................................................................... 1132, 1245
HB 676-- Warm Springs, City of; new charter ..................................... 1133, 1245, 1444, 1446, 2765
HB 677-- Magistrate court; certain cases; right of removal for jury trial ......................................................................................... 1133, 1245, 1442
HB 678-- Private schools; prayer at athletic events; public school participation .......................................................................... 1133, 1245, 1441, 1860, 3041
HB 679-- Bankruptcy; debtor's residence; certain homestead exemption......................................................................................... 1134, 1245
HB 680-- State Planning for Increased Community Access Act; enact ................................................................................................. 1134, 1245
HB 681-- State employees; lobbying for anyone other than employer; prohibit............................................................................ 1134, 1245
HB 682-- Innocent Persons' Compensation Act; provisions ........................... 1063, 1141
HB 683-- Property/Casualty Insurance Modernization Act; enact ....... 1063, 1141, 1441, 2315
HB 684-- Open meetings; certain exclusions; open records; certain requirement ................................................................ 1064, 1141, 1442
HB 685-- Housing authorities; private enterprise agreement .......................... 1064, 1141
HB 686-- Controlled substances; products with pseudoephedrine; limitations ........................................................................................ 1064, 1141
HB 687-- Walton County Water and Sewerage Authority; reconstitute....................................................................................... 1135, 1245
HB 688-- Local option sales tax; health care within special districts; provisions .......................................................................... 1135, 1245
HB 689-- Core curriculum requirements; include dangers of methamphetamine use............................................................ 1136, 1245, 1440

4762

INDEX

HB 690-- Arrests for methamphetamine crimes; certain instances; notify DFACS ........................................................................ 1136, 1245, 1442
HB 691-- License plates; physicians identification ......................................... 1136, 1245
HB 692-- Probation; terms and conditions; amend.......................................... 1136, 1245
HB 693-- Disabled veterans and blind persons; vendors on streets and highways ................................................................................... 1137, 1245
HB 694-- Worker's compensation; on call but off duty employee; injury not compensable.................................................................... 1137, 1245
HB 695-- Disabled Assistants Act; authorize permits for certain wild animals..................................................................................... 1137, 1245
HB 696-- Locust Grove, City of; elected officials; membership on boards.................................................................................... 1138, 1245, 1444, 1447, 2765
HB 697-- Stockbridge, City of; elected officials; membership on boards.................................................................................... 1138, 1245, 1444, 1447, 2765
HB 698-- Georgia Commission on Hearing Impaired Persons; create ................................................................................................ 1138, 1245
HB 699-- Montgomery County; Vidalia, City of; school districts; sales tax proceeds.................................................................. 1138, 1245, 1444, 1447, 2632
HB 700-- Toombs County; Vidalia, City of; school districts; sales tax proceeds .......................................................................... 1139, 1245, 1444, 1448, 2632
HB 701-- Driving under the influence; implied consent warning; read prior to testing .......................................................................... 1139, 1245
HB 702-- Tanning facilities; definitions and provisions.................................. 1236, 1439
HB 703-- Stone Mountain, City of; homestead exemption; certain residents ................................................................................ 1237, 1439, 1775, 1782, 3276
HB 704-- Habersham County; superintendent of roads; centralized purchasing system .............................................. 1237, 1439, 1775, 1783, 2632
HB 705-- Civil practice; process servers; secured communities; registration ....................................................................................... 1237, 1439
HB 706-- Clayton County Water Authority; membership compensation ........................................................................ 1238, 1439, 1775, 1783, 3042
HB 707-- Mount Airy, Town of; annex certain territory ...................... 1238, 1439, 1775, 1783, 2633
HB 708-- Chatham County; recorder's court; impose technology fee.......................................................................................... 1238, 1439, 2602, 2603, 4509

INDEX

4763

HB 709-- Lamar County; sheriff's salary; provisions........................... 1238, 1439, 1775, 1784, 4509
HB 710-- Special license plates; identifying persons with diabetes................ 1239, 1439
HB 711-- Harris County; county surveyor; abolish office.................... 1239, 1439, 1775, 1784, 2765
HB 712-- Jones County; nonpartisan elections; probate judge............. 1239, 1439, 1775, 1784, 2766
HB 713-- `Ronald Reagan Day' in Georgia; designate February 6 annually............................................................................................ 1239, 1439
HB 714-- Special license plates; disabled persons; special decal; revise provisions .............................................................................. 1140, 1245
HB 715-- Railroad crossings used by school buses; upgrade protective devices ............................................................................ 1240, 1439
HB 716-- Civil practice; trial continuance; members of General Assembly; amend provisions........................................................... 1240, 1439
HB 717-- Home rule; fixing hours of sale of alcoholic beverages; provisions......................................................................................... 1240, 1439
HB 718-- Pretrial intervention and diversion programs; authorize certain courts to administer.................................................... 1241, 1439, 1442
HB 719-- Municipalities; courts; home rule powers; maximum fines........................................................................................ 1241, 1439, 1442
HB 720-- Alcoholic beverages; municipal or county licenses; increase fee ...................................................................................... 1241, 1439
HB 721-- Richmond County Board of Health; appointments; terms of office....................................................................... 1242, 1439, 1775, 1785
HB 722-- Sexual offenses; raise the age of consent to 18 years of age .................................................................................................... 1242, 1439
HB 723-- Public road funds; allocation and balancing; exempt certain projects................................................................................. 1242, 1439
HB 724-- Sewage management systems; licensed plumbers; allow certain work ..................................................................................... 1435, 1774
HB 725-- Gwinnett County; board of education; compensation .......... 1244, 1439, 1775, 1785, 3361, 3856
HB 726-- Motor carriers; require representatives complete educational seminar ......................................................................... 1435, 1774
HB 727-- Special license plates; administrative issuance procedures; refine ............................................................................ 1435, 1774
HB 728-- "Mattie's Call Act"; enact ................................................................ 1436, 1774
HB 729-- Microbial Professionals Licensing Act; enact ................................. 1436, 1774
HB 730-- Municipal corporations; ordinance violations; maximum sentences......................................................................... 1436, 1774

4764

INDEX

HB 731-- Judicial Retirement; juvenile court judge; creditable service .............................................................................................. 1437, 1774
HB 732-- Laser speed detection devices; testing; accuracy requirements..................................................................................... 1437, 1774
HB 733-- Bartow County; chief magistrate; compensation.................. 1437, 1774, 2334, 2335
HB 734-- Dog fighting; prohibit; punishments; amend provisions ................. 1244, 1439
HB 735-- Animal protection; impounded animal; amend provisions......................................................................................... 1244, 1439
HB 736-- Canton, City of; redevelopment powers ............................... 1438, 1774, 2334, 2336, 4509
HB 737-- Public road funds; allocation provisions; remove certain projects............................................................................................. 1245, 1439
HB 738-- Telephone and telegraph service; Joint Study Committee; reconstitute................................................................... 1438, 1774
HB 739-- Ad valorem tax; mobile homes; amend certain provisions......................................................................................... 1438, 1774
HB 740-- Electronic voting systems; require permanent paper record ............................................................................................... 1755, 2332
HB 741-- Foreclosure; right of redemption ..................................................... 1756, 2332
HB 742-- Income tax; broadband equipment; exemption................................ 1756, 2332
HB 743-- Elections; absentee elector; time for advanced voting .................... 1756, 2332
HB 744-- Peach County; board of commissioners; vacancies.............. 1756, 2332, 2391, 2392, 4510
HB 745-- Upson County; nonpartisan elections; chief magistrate ....... 1757, 2332, 2391, 2393
HB 746-- Ground-water withdrawal; permits; measuring devices; amend provisions ............................................................................. 1757, 2332
HB 747-- Emergency medical services; prehospital health care; insurance provisions ........................................................................ 1757, 2332
HB 748-- Toccoa, City of; corporate limits .......................................... 1758, 2332, 2391, 2393, 3042
HB 749-- Firefighters' Pension; certain active military duty; creditable service ............................................................................. 1758, 2332
HB 750-- Special license plates; Stroke Awareness ........................................ 1758, 2332
HB 751-- Colquitt County; county administrator; compensation......... 1758, 2332, 2391, 2393, 2766
HB 752-- Baconton, City of; mayor and council; elections; terms....... 1759, 2332, 2391, 2393, 3042
HB 753-- Family violence; redefine ................................................................ 1759, 2332
HB 754-- Gilmer County; building authority; create............................ 1759, 2332, 2391, 2394, 2766, 2854

INDEX

4765

HB 755-- Family violence protective orders and peace bonds; certain prohibitions .......................................................................... 1760, 2332
HB 756-- Temple, City of; new charter ................................................ 1760, 2333, 2602, 2604
HB 757-- Georgetown-Quitman County Charter and Unification Commission; create............................................................... 1760, 2333, 2391, 2394, 3042
HB 758-- Rincon, City of; corporate limits .......................................... 1761, 2333, 2391, 2395, 2633
HB 759-- Regional education service agency employees; retirement options ............................................................................ 1761, 2333
HB 760-- Jones County; county surveyor; abolish office..................... 1761, 2333, 2391, 2395, 2766
HB 761-- Chatham County; board of elections and registration; amend provisions .................................................................. 1762, 2333, 2602, 2604
HB 762-- Transportation of Hazardous Materials Act; enact.......................... 1762, 2333
HB 763-- Torts; recovery of damages; contingency fee.................................. 1762, 2333
HB 764-- Commercial drivers' licenses; hazardous materials endorsement; security threat assessment ......................................... 1763, 2333
HB 765-- Hotel-motel tax; local governments; amend provisions .................. 1763, 2333
HB 766-- Dougherty County; change number of magistrates .............. 1763, 2333, 2391, 2395, 3043
HB 767-- Dougherty County; county administrator; purchase power .................................................................................... 1763, 2333, 2391, 2395, 3043
HB 768-- Dougherty County; state court judge; compensation ........... 1764, 2333, 2391, 2396, 3043
HB 769-- Valdosta-Lowndes County; conference center and tourism authority; membership............................................. 1764, 2333, 2391, 2396, 3043
HB 770-- Joint emergency 911 system authorities; property tax exemption......................................................................................... 1764, 2333
HB 771-- Court fines and forfeitures; civil filing fee; indigent defense fund..................................................................................... 1764, 2333
HB 772-- Gainesville, City of; redevelopment powers law; exercise powers..................................................................... 1765, 2333, 2391, 2396, 4510
HB 773-- Augusta, City of; redevelopment powers law; exercise powers................................................................................... 1765, 2333, 2391, 2396, 4065

4766

INDEX

HB 774-- Valdosta-Lowndes County; airport authority; membership........................................................................... 1765, 2333, 2391, 2397, 3043
HB 775-- Electrical service; renewable, recoverable, and recycled energy; provisions............................................................................ 1766, 2333
HB 776-- Cobb County; superior court; clerk and deputy clerk; compensation ........................................................................ 1766, 2333, 2391, 2397, 4510
HB 777-- Teachers Retirement; public school employees; transfer membership...................................................................................... 1766, 2333
HB 778-- Motor vehicles; yield right of way to certain public transit buses...................................................................................... 1767, 2333
HB 779-- Consumer Right to Participate Act; enact ....................................... 1767, 2333
HB 780-- Toombs County; board of commissioners; reconstitute ....... 1767, 2333, 2556, 2557
HB 781-- Treutlen County; board of education; compensation ...................... 1768, 2333
HB 782-- Community service boards; provide services to certain persons ............................................................................................. 1768, 2333
HB 783-- Ball Ground, City of; mayor and council; four-year terms...................................................................................... 1768, 2333, 2602, 2605, 4510
HB 784-- Cherokee County Water and Sewerage Authority; compensation ........................................................................ 1769, 2333, 2391, 2397
HB 785-- General Assembly; committees; subpoena powers ......................... 1769, 2333
HB 786-- Woodstock, City of; redevelopment powers law; exercise powers..................................................................... 1769, 2333, 2391, 2398, 3044
HB 787-- DeKalb County; sheriff; compensation ................................ 1769, 2333, 2391, 2398, 4065
HB 788-- DeKalb County; board of registration and elections; compensation ........................................................................ 1770, 2333, 2391, 2398, 3049, 3267
HB 789-- Stone Mountain Judicial Circuit; compensation; supplement ............................................................................ 1770, 2333, 2391, 2399, 4066
HB 790-- Electronic voting systems; require permanent paper record ............................................................................................... 1770, 2333
HB 791-- Joint emergency 911 system authorities; property tax; exemptions ............................................................................. 1771, 2333, 2622
HB 792-- Special plates; Project Lifesaver program; promoting .................... 2326, 2390

INDEX

4767

HB 793-- Firearms; license to carry; prohibition; certain conviction......................................................................................... 2326, 2390
HB 794-- Emergency management; "Mattie's Call Act"; create ..................... 2327, 2390
HB 795-- Elbert County; board of education; compensation ............... 2327, 2390, 2556, 2557, 3044
HB 796-- Special license plates; certain disabled veterans; two free plates ......................................................................................... 2327, 2390
HB 797-- Joint county and municipal sales tax on motor fuel; authorize; referendum ...................................................................... 2328, 2390
HB 798-- White County; board of education; health benefits .............. 2328, 2390, 2556, 2558, 3044
HB 799-- State parks; carrying firearms; amend certain provisions................ 2328, 2390
HB 800-- Child support; failure to comply; imprisonment ............................. 2328, 2390
HB 801-- Physical therapists; licenses; eliminate certain requirement ...................................................................................... 2329, 2390
HB 802-- Martin, Town of; mayor and city counsel; terms ............................ 2329, 2390
HB 803-- Homestead exemption; disabled veterans; increase ........................ 2329, 2390
HB 804-- Barratry; Code section; repeal ......................................................... 2329, 2390
HB 805-- Monroe County; board of commissioners; duties of clerk ...................................................................................... 2330, 2390, 2556, 2558, 2766
HB 806-- Clayton County; board of commissioners; membership ...... 2330, 2390, 2565, 2581
HB 807-- Public schools; moment of quiet reflection; provisions .................. 2330, 2390
HB 808-- Georgia Predatory Lending Prevention Act; enact.......................... 2331, 2390
HB 809-- Superior Court Clerk's Retirement; survivors benefits; amend provisions ............................................................................. 2331, 2390
HB 810-- Seminole County; board of education; compensation .......... 2388, 2554, 2602, 2605, 4066
HB 811-- Union County Building Authority; create ............................ 2389, 2554, 2602, 2605, 3276
HB 812-- Torts; property damage from certain trees; liability ........................ 2389, 2554
HB 813-- Public schools; meningococcal meningitis; vaccines; sample educational materials ........................................................... 2389, 2554
HB 814-- Local boards of education; driver education courses; provisions......................................................................................... 2389, 2554
HB 815-- Bill of Rights for Georgia Teachers; enact ...................................... 2390, 2554
HB 816-- Cairo, City of; new charter ................................................... 2550, 2597, 2802, 2823
HB 817-- Screven County; board of education; nonpartisan election.................................................................................. 2550, 2597, 2703, 2704

4768

INDEX

HB 818-- Dalton-Whitfield Economic Development Authority; create ..................................................................................... 2551, 2597, 2703, 2705, 4511
HB 819-- Gilmer County; homestead exemption; educational purposes ................................................................................ 2551, 2597, 2703, 2705, 3277
HB 820-- Gilmer County; homestead exemption; county purposes..... 2551, 2597, 2703, 2705, 3277
HB 821-- Judicial Retirement; certain judges or district attorneys; creditable service ............................................................................. 2552, 2597
HB 822-- Coffee County; board of education; nonpartisan election.................................................................................. 2552, 2597, 2703, 2706, 3277
HB 823-- Treutlen County; board of education; compensation ........... 2552, 2597, 2703, 2706, 3277
HB 824-- Deer farming; change certain provisions......................................... 2553, 2597
HB 825-- Local option sales tax; capital outlay; eligible expenditures ..................................................................................... 2553, 2597
HB 826-- Jefferson County; board of commissioners; convey certain property ..................................................................... 2553, 2597, 2802, 2854, 4511
HB 827-- Hospitals providing emergency room services; group liability insurance............................................................................. 2553, 2597
HB 828-- Columbia County; chief magistrate and magistrate.............. 2592, 2701, 2775, 2776, 4511
HB 829-- Martin, Town of; mayor and city council; terms.................. 2593, 2701, 2775, 2776
HB 830-- Crawford County; board of elections and registration; create ..................................................................................... 2593, 2701, 2775, 2776, 4511
HB 831-- Richmond County; certain officials; compensation ........................ 2593, 2701
HB 832-- Physician's assistants; handling of professional samples ................ 2593, 2701
HB 833-- Georgia Procurement Registry; certain bid advertisements; local governments.................................................. 2594, 2701
HB 834-- Sales tax exemption; fuel for certain swine raising purposes ........................................................................................... 2594, 2701
HB 835-- Heard County; board of commissioners; county chair; terms...................................................................................... 2594, 2701, 2775, 2777, 4512
HB 836-- Habersham County; board of education; compensation....... 2595, 2701, 2775, 2777, 4512
HB 837-- Stephens County School Building Authority; create............ 2595, 2701, 2775, 2777, 4512

INDEX

4769

HB 838-- Banks County; Family Connection Commission; membership........................................................................... 2595, 2701, 2775, 2778, 4066
HB 839-- Columbia County; board of education; amend provisions.............................................................................. 2595, 2701, 2775, 2778, 4066
HB 840-- Kennesaw, City of; corporate limits ..................................... 2596, 2701, 2775, 2778, 4067
HB 841-- Sales tax exemption; qualified job training organizations.................................................................................... 2692, 2773
HB 842-- Education loans; certain colleges; eligibility and requirements..................................................................................... 2693, 2773
HB 843-- Motor vehicle liability insurance; mile based premiums................. 2693, 2773
HB 844-- Dodge County; board of education; reapportion districts..... 2597, 2701, 2775, 2779, 4512
HB 845-- Cherokee County Water and Sewerage Authority; membership........................................................................... 2597, 2701, 2775, 2787
HB 846-- DeKalb County; homestead exemption; certain residents ................................................................................ 2693, 2773, 3016, 3018
HB 847-- Juvenile proceedings; emancipation of minors by petition ............................................................................................. 2694, 2773
HB 848-- Homestead exemption; senior citizens; actual levy amount ............................................................................................. 2694, 2773
HB 849-- Ad valorem tax levy; repeal certain provisions ............................... 2694, 2773
HB 850-- Commercial Code; filing office for secured transactions; certain indigent defense fees ...................................... 2694, 2773
HB 851-- Employees' Retirement; creditable service; community service board ................................................................................... 2695, 2773
HB 852-- Barnesville, City of; council members; new districts........... 2695, 2773, 3016, 3018, 4513
HB 853-- Columbia County; redevelopment powers law; exercise power .................................................................................... 2695, 2773, 3016, 3019, 4513
HB 854-- Columbia County; certain health insurance coverage .......... 2696, 2773, 3016, 3019, 4513
HB 855-- Columbia County; board of elections; terms ........................ 2696, 2773, 3016, 3019, 4513
HB 856-- Fayette County; board of commissioners; reconstitute ........ 2696, 2773, 3016, 3052, 3285

4770

INDEX

HB 857-- Jasper County Economic Development Authority; repeal..................................................................................... 2697, 2773, 3016, 3019, 4067
HB 858-- Walker County; board of elections and registration; membership........................................................................... 2697, 2773, 3016, 3020, 4067
HB 859-- Glynn County; board of elections and registration; membership........................................................................... 2697, 2773, 3016, 3020, 4514
HB 860-- DeKalb County; board of education; compensation............. 2697, 2773, 3016, 3032
HB 861-- Fannin County; board of commissioners; compensation ..... 2698, 2773, 3016, 3020, 4067
HB 862-- Ware County; solicitor-general; state court judge; compensation ........................................................................ 2698, 2773, 3016, 3021, 4514
HB 863-- Tift County; board of commissioners; amend certain provisions.............................................................................. 2698, 2773, 3016, 3021, 4514
HB 864-- Pawn transactions; motor vehicle sales surplus; provisions......................................................................................... 2769, 3013
HB 865-- Courts; senior judge; amend appointment provisions ..................... 2770, 3013
HB 866-- Catoosa County; board of education; revise districts ........... 2699, 2773, 3016, 3021, 4514
HB 867-- Catoosa County; board of commissioners; revise districts.................................................................................. 2700, 2773, 3016, 3022, 4515
HB 868-- Judicial Retirement; creditable service; cease contributions .................................................................................... 2770, 3013
HB 869-- DeKalb County; public defender; compensation............................. 2700, 2773
HB 870-- Twiggs County; board of education; monthly meetings ...... 2700, 2773, 3016, 3022
HB 871-- Judicial Retirement; certain military service; creditable service .............................................................................................. 2770, 3013
HB 872-- Gwinnett County; board of commissioners; compensation ........................................................................ 2701, 2773, 3016, 3033
HB 873-- Physician's assistants; public health or state of emergency; render assistance........................................................... 2770, 3013
HB 874-- Public disclosure of records; certain exception; clarify................... 2771, 3013
HB 875-- Motorcycles; protective headgear; exempt certain persons ............................................................................................. 2771, 3013

INDEX

4771

HB 876-- Henry County Governmental Services Authority; create..... 2771, 3013, 3537, 3840, 4515
HB 877-- Catoosa County; board of utilities commissioners; create ................................................................................................ 3009, 3254
HB 878-- State officials and employees; mileage and travel expenses; amend provisions ............................................................ 3010, 3254
HB 879-- Fair Businesses Practice Act; spot delivery of motor vehicles; amend................................................................................ 3010, 3254
HB 880-- Motor vehicles; abandonment; certain definitions and provisions......................................................................................... 3010, 3254
HB 881-- Dispensing opticians; apprenticeship program; amend requirements..................................................................................... 3010, 3254
HB 882-- Elections; photographs on voter registration cards; provisions......................................................................................... 2772, 3013
HB 883-- Tattooing near the eye; expand exception to offense ...................... 3011, 3254
HB 884-- Probation services provided by local governments; standards for officers ....................................................................... 3011, 3254
HB 885-- Coffee County; board of education; nonpartisan elections ................................................................................ 2772, 3013, 3255, 3257, 4515
HB 886-- Serious sexual offenders; satellite based monitoring; authorize program ............................................................................ 3011, 3254
HB 887-- Torts; prescriptions filled outside the U.S.; limited liability; provision............................................................................ 3248, 4059
HB 888-- Abortion; facilities; certain medical equipment; certain procedures; requirements................................................................. 3249, 4059
HB 889-- Public water systems; individual water meters; provisions......................................................................................... 3249, 4059
HB 890-- Criminal procedure; selection of victim or property; enhance sentencing .......................................................................... 3249, 4059
HB 891-- Transportation, State Board; member removal; provisions......................................................................................... 3250, 4059
HB 892-- Nonpartisan elections; include certain county offices ..................... 3250, 4059
HB 893-- Sales tax; educational purposes; amend certain provisions......................................................................................... 3250, 4059
HB 894-- Juvenile court judges; nonpartisan election; provisions .................. 3250, 4059
HB 895-- Judicial Retirement System; superior court judge or district attorney; creditable service .................................................. 3251, 4059
HB 896-- County boards of equalization; appeals to superior courts; repeal right ........................................................................... 3251, 4059
HB 897-- Quality Basic Education Act; enrollment eligibility; amend provisions ............................................................................. 3251, 4059

4772

INDEX

HB 898-- Access to Postsecondary Education Instructional Material Act; enact..................................................................................... 4043
HB 899-- Optometrists; additional pharmaceutical agents; provisions................................................................................................... 4043
HB 900-- Adapted sports for disabled students; funded by Department of Education .......................................................................... 4044
HB 901-- Bryan County; State and Magistrate Court; surcharge on fines....................................................................................................... 4044
HB 902-- Bryan County; state court; surcharge on fines........................................... 4044
HB 903-- Home inspectors; definitions, documentation, and requirements; new provisions .................................................................... 4044
HB 904-- Rincon, City of; homestead exemption; municipal purposes ..................................................................................................... 4045
HB 905-- Effingham County; homestead exemption; educational purposes ..................................................................................................... 4045
HB 906-- Effingham County; homestead exemption; county purposes ..................................................................................................... 4045
HB 907-- Wholesale Licensure and Prescription Medication Integrity Act; enact .................................................................................... 4046
HB 908-- Insurance; uniform claim form; explanation of benefits; establish ..................................................................................................... 4046
HB 909-- Ambulance services; reimbursement for medicaid recipients; provisions ................................................................................. 4046
HB 910-- Cemeteries and funeral services; amend certain provisions................................................................................................... 4047
HB 911-- Georgia Taxpayer and Citizen Protection Act; enact ................................ 4047
HB 912-- Civil practice; production of documents; amend provisions................................................................................................... 4047
HB 913-- Eminent domain; compensation requirement ............................................ 4048
HB 914-- Division of Archives and History; recognize religious heritage; provisions.................................................................................... 4048
HB 915-- Employees' Retirement; certain assistant district attorneys; creditable service....................................................................... 4048
HB 916-- Judicial Retirement; secretaries of superior court judges.......................... 4049
HB 917-- Speed detection devices; certain prohibited uses; amend provisions................................................................................................... 4049
HB 918-- Drivers' licenses; youthful driver tracking service; create .......................................................................................................... 4049
HB 919-- Nurse Involuntary Overtime Act; provisions ............................................ 4050
HB 920-- Employees' health insurance; certain members of local boards of education; provide benefits........................................................ 4050
HB 921-- Special license plates; certain pediatric cancer programs.......................... 4050

INDEX

4773

HB 922-- Local boards of education; extend health care benefits; certain members......................................................................................... 4051
HB 923-- Psychologists; administer and prescribe drugs; provisions................................................................................................... 4051
HB 924-- Milton, City of; incorporate ....................................................................... 4051
HB 925-- Torts; asbestos claims and successor corporations; provisions................................................................................................... 4052
HB 926-- Pedestrian and bicycle paths; require Department of Transportation construct ............................................................................ 4052
HB 927-- Elections; nomination of candidates by petition; amend provisions................................................................................................... 4052
HB 928-- Pedestrian and bicycle paths; require Department of Transportation construct ............................................................................ 4053
HB 929-- State Forestry Commission; provide additional powers............................ 4053
HB 930-- Income tax credits; certain volunteer firefighters...................................... 4053
HB 931-- Ad valorem taxes; transfer of tax executions; amend certain provisions....................................................................................... 4053
HB 932-- Motor vehicles and traffic; habitual violators; amend certain provisions....................................................................................... 4054
HB 933-- Driving under the influence; third violation; change penalties ..................................................................................................... 4054
HB 934-- County offices of sheriff-elect; create and provide indemnification .......................................................................................... 4054
HB 935-- Advanced practice registered nurse; controlled substances; provisions................................................................................ 4055
HB 936-- Teachers Retirement; optional allowances; revoke in event of divorce ......................................................................................... 4055
HB 937-- Sheriffs' Retirement Fund; newly elected sheriff; eligibility.................................................................................................... 4055
HB 938-- Surgical assistants; licensing standards and requirements; provisions............................................................................ 4056
HB 939-- State songs of patriotic heritage; designate ............................................... 4056

PART III
HOUSE RESOLUTIONS
HR 1-- Ad valorem tax; limitations on millage rate or valuation increases - CA........................................................................................ 92, 120
HR 2-- Ad valorem tax; limitations on millage rate or valuation increases - CA.............................................................................. Prefiled Only
HR 3-- Ad valorem tax; limitations on millage rate or valuation increases - CA........................................................................................ 92, 120
HR 4-- Ad valorem tax; limitations on millage rate or valuation increases - CA.............................................................................. Prefiled Only
HR 5-- Fair Tax Act; urge Congress to enact .................................................... 92, 120 HR 6-- Law enforcement and correctional agencies; urge
suspending use of electroshock devices .............................................. 118, 163 HR 7-- Persons convicted of certain felonies; voting provisions;
prohibitions - CA ................................................................................. 118, 163 HR 8-- Division I-A football playoff system; urge NCAA
implement ...................................................................................... 93, 120, 239 HR 9-- Ad valorem tax; limitations on millage rate or valuation
increases - CA.............................................................................. Prefiled Only HR 10-- Notify Senate; House convened..................................................................... 25 HR 11-- Rules of House; adopt.................................................................................... 25 HR 12-- House; relative to officials, employees, and committees .............................. 68 HR 13-- Dooley-Sanford Stadium; designate at University of
Georgia..................................................................................................... 79, 94 HR 14-- Hybrid or alternative fuel vehicles; urge Congress to
allow use in high occupancy vehicle lanes ........................... 93, 120, 239, 433, 2620
HR 15-- Centre for Performing and Visual Arts of Coweta County and Francoise Gilot; commend ......................................................... 81
HR 16-- Goldsmith, Tally Cleotis "Quoty"; condolences ........................................... 81 HR 17-- Fitzpatrick, Margie; commend....................................................................... 81 HR 18-- Kay, Charles Lamar; condolences ................................................................. 81 HR 19-- Mauldin, Archie Thomas "A. T."; condolences ............................................ 81 HR 20-- Lee, W. Freddie; condolences ....................................................................... 81 HR 21-- Scarborough, Elizabeth; commend................................................................ 82 HR 22-- Britt-Bickel, Rozine; commend ..................................................................... 82 HR 23-- Nahra, Louise; commend............................................................................... 82 HR 24-- Thomaston, Anita L.; commend .................................................................... 82

4776

INDEX

HR 25-- House; apportion as single member districts - CA ................................ 93, 120 HR 26-- Real estate transfer and intangible recording taxes;
increase and allocate revenue - CA ....................................................... 93, 120 HR 27-- Clayton County Police Department; invite to House .................................... 94 HR 28-- Clayton County Police Department's Highway
Enforcement Against Traffic unit and captain Tom Israel; invite members to House .................................................................... 95 HR 29-- English; official language of US government; urge Congress enact ............................................................................. 119, 163, 239 HR 30-- Peace Officers' Annuity and Benefit Fund; retirement credit; funding - CA............................................................................. 119, 163 HR 31-- Ginn, Ronald Bryan "Bo"; condolences ........................................................ 96 HR 32-- Toomey, Dr. Kathleen E.; commend ............................................................. 96 HR 33-- Morris, Shirley; commend ............................................................................. 97 HR 34-- Baker, Loring Keels; condolences................................................................. 97 HR 35-- Oye, Elaine; commend................................................................................. 120 HR 36-- Johnson, Bonnie; commend......................................................................... 120 HR 37-- Lavonia Woman's Club; commend.............................................................. 120 HR 38-- Beyrle, Joseph Robert; condolences ............................................................ 120 HR 39-- Lowry, James H., Jr.; commend .................................................................. 120 HR 40-- General Missionary Baptist Convention of Georgia, Inc., and Reverend Clarence Moore; commend .......................................... 120 HR 41-- Pritchett, John William "Johnny"; commend .............................................. 121 HR 42-- Wilkes, William E. "Bubber"; commend .................................................... 121 HR 43-- Northview High School Chamber Orchestra and Timothy J. Aucoin, Director; commend ...................................................... 121 HR 44-- Sherrill, Reuben; commend ......................................................................... 121 HR 45-- Underwood, Robyn and her staff; commend............................................... 121 HR 46-- Milton High School Varsity Baseball Team; invite to House ........................................................................................... 121, 189, 208 HR 47-- Coverdell, Paul D.; rename Legislative Office Building in his honor ......................................................................... 162, 172, 195, 257,
1074 HR 48-- Martha K. Glaze Regional Youth Detention Center;
designate ............................................................................. 162, 172, 511, 993, 3278
HR 49-- House of Representatives; apportionment; single member districts - CA.......................................................................... 162, 172
HR 50-- Joint Agricultural Education Study Committee; create .............. 171, 189, 414, 2136, 3278
HR 51-- Jones, Herb; commend................................................................................. 163

INDEX

4777

HR 52-- Myers, James Frank, Jr.; condolences ......................................................... 163 HR 53-- Yearwood, Chris; commend ........................................................................ 163 HR 54-- Cantrell, Doris R. "Dee"; commend ............................................................ 163 HR 55-- Georgia Association of Black State Universities;
commend...................................................................................................... 163 HR 56-- Georgia Perimeter College; commend......................................................... 164 HR 57-- Katz, Helen Richards Whittle; condolences ................................................ 164 HR 58-- Property tax for education; replace with sales tax - CA ...................... 171, 189 HR 59-- Buttrill, Judge Del; commend and invite to House ..................... 172, 173, 190 HR 60-- Education; state accountability plan; urge inclusion of
social studies ........................................................................................ 187, 205 HR 61-- Education; state accountability plan; urge inclusion of
science.................................................................................................. 187, 205 HR 62-- Georgia Farm Bureau Federation; commend; invite
president to House ....................................................................... 172, 267, 323 HR 63-- Social Security; retirement accounts; urge
Congressional delegation work to pass................................ 187, 205, 301, 434 HR 64-- House of Representatives; single-member districts - CA.................... 188, 205 HR 65-- National Guard or reserves; financial assistance to
certain resident families - CA .............................................................. 188, 205 HR 66-- Small Business Administration regulations of certain
nonprofit corporations; service area include entire state .... 188, 205, 268, 516, 2620
HR 67-- Warner Robins High School Football Team; invite to House ........................................................................................... 172, 189, 190
HR 68-- Adjournment; relative to...................................................................... 191, 194 HR 69-- "Girls and Women in Sports Day"; recognize February
9, 2005; invite outstanding female athletes to House .................. 192, 267, 323 HR 70-- Miller-Coverdell Legislative Office Building; naming ....................... 204, 218 HR 71-- Greenbrier High School Softball Team; invite to House .................... 192, 255 HR 72-- Dent-Daugherty-Hamilton Legislative Office Building;
rename Legislative Office Building..................................................... 204, 218 HR 73-- Biello, James J. "J. J."; commend ................................................................ 193 HR 74-- Partnership for Health and Accountability; commend ................................ 193 HR 75-- Professional Association of Georgia Educators;
recognize February 8, 2005, as "PAGE Day on Capitol Hill".............................................................................................................. 193 HR 76-- Sinkfield, Honorable Georganna; commend ............................................... 193 HR 77-- Hanner, Honorable Bob; commend ............................................................. 193 HR 78-- Lewis, Samuel; commend............................................................................ 194 HR 79-- Thompson, Virginia Mae Hines; condolences............................................. 194

4778

INDEX

HR 80-- Grace Towns Hamilton portrait; return to place of distinction............................................................................................. 204, 218
HR 81-- Evans, John; commend ........................................................................ 193, 323 HR 82-- Andrews, Calvin; commend ........................................................................ 194 HR 83-- Adams, Romeo; commend........................................................................... 194 HR 84-- Valdosta State University's Peach State Summer
Theatre; designate official musical theatre .................................. 217, 238, 414 HR 85-- Ad valorem tax; appraisal value; owner's acquisition
cost - CA .............................................................................................. 217, 238 HR 86-- B & A Construction Company, Inc.; compensate ............................... 217, 238 HR 87-- Property; condemnation power; limitations - CA................................ 205, 218 HR 88-- Alpha Kappa Alpha Sorority; Xi Beta Omega Chapter;
commend...................................................................................................... 208 HR 89-- Professional athletes; urge proper conduct and good
sportsmanship .............................................................................. 217, 238, 544 HR 90-- Pari-mutuel betting; remove prohibition; taxation;
dedication of revenue - CA.................................................................. 236, 253 HR 91-- DeWayne King, USMC, Memorial Bridge; designate ............. 237, 253, 1233,
1814, 3278 HR 92-- Joint LNG and Natural Gas Infrastructure Study
Committee; create ....................................................................... 237, 253, 797, 1223, 2711
HR 93-- Sales tax on food and beverage; fund relief from ad valorem tax - CA.................................................................................. 237, 253
HR 94-- Jack Shearouse Bridge; designate............................................. 237, 253, 1233, 1814, 3278
HR 95-- Scott, Samuel H.; compensate ............................................................. 237, 253 HR 96-- Echols, Douglas; compensate .............................................................. 238, 253 HR 97-- Mock, Theresa Kathleen; recognize ............................................................ 224 HR 98-- Herndon, Pete; commend posthumous selection to the
Georgia Agriculture Education Hall of Fame.............................................. 224 HR 99-- Andrews, Jimmie R.; condolences............................................................... 225 HR 100-- Farmer, Gary; commend .............................................................................. 225 HR 101-- Beazley, Linda W.; commend ..................................................................... 225 HR 102-- Chandler, William Lewis "Bill"; condolences............................................. 225 HR 103-- Ellis, George A.; commend ......................................................................... 225 HR 104-- Powell, Robert "Buzz"; condolences ........................................................... 225 HR 105-- Black, Lucius; condolences ......................................................................... 225 HR 106-- Valdosta State University Football Team; commend.................................. 225 HR 107-- Myers, James Frank, Jr.; condolences ......................................................... 225

INDEX

4779

HR 108-- Harrison, Clarence; compensate ............................................... 238, 253, 1440, 1837, 3282, 3619
HR 109-- Rules of the House; amend .................................................................. 238, 253 HR 110-- DeKalb County; commend citizens, employees, and
public officials; declare January 31, 2005 as "Flavor of DeKalb" Day at capitol................................................................................ 226 HR 111-- Coosa High School; commend and invite representatives to House .............................................................. 226, 267, 320 HR 112-- Valdosta State University Football Team; commend.................................. 411 HR 113-- U. S. Senators from Georgia; support repeal of excise tax on telecommunications ............................................... 252, 284, 590, 2374,
4068 HR 114-- Smart, Mary B.; congratulate on 101st birthday ......................................... 239 HR 115-- Keith, Lynn; commend ................................................................................ 239 HR 116-- Cooksey, Natasha F.; commend .................................................................. 240 HR 117-- Hires, Barbara; commend ............................................................................ 240 HR 118-- Smith, Imogene; commend .......................................................................... 240 HR 119-- Kelly, Linda Lockley; commend ................................................................. 240 HR 120-- McCall, Beth; commend .............................................................................. 240 HR 121-- Pinder, Melissa Clifton; commend .............................................................. 240 HR 122-- Surrency, Kay W.; commend....................................................................... 241 HR 123-- Gutzwiller, Linda; commend ....................................................................... 241 HR 124-- Kinslow, Coach Melvin T.; recognize 70th birthday .......................... 265, 318 HR 125-- Hayes, Benjamin Caleb; Eagle Scout; commend ........................................ 241 HR 126-- Aleshire, Christopher Evan; Eagle Scout; commend .................................. 241 HR 127-- Johnson, Matthew Lee; Eagle Scout; commend.......................................... 241 HR 128-- Harper, Honorable John V.; condolences .................................................... 241 HR 129-- "Together, Tourism Works for Georgia"; recognize
February 2, 2005 .......................................................................................... 241 HR 130-- Go Red for Women Day; recognize February 3, 2005................................ 242 HR 131-- Scheidt, Peter Owen; Eagle Scout; commend ............................................. 242 HR 132-- Abuse of tort law against firearm industry; urge
Congress end........................................................................................ 252, 284 HR 133-- Death tax; urge congressional delegation work to
abolish.......................................................................................... 283, 316, 590 HR 134-- Women's Sports Foundation and the Atlanta Women's
Foundation; commend ......................................................................... 265, 318 HR 135-- Catchings, Bernard; commend..................................................................... 265 HR 136-- Hamilton Elementary School; commend..................................................... 265 HR 137-- Collins Hill High School Wrestling Team; commend................................. 265

4780

INDEX

HR 138-- Bootle, Judge William Augustus; condolences ........................................... 266 HR 139-- "Community Health Centers Day"; recognize February
3, 2005 ......................................................................................................... 266 HR 140-- "Hand in Hand with Children: Guiding and Protecting
Week"; declare February 7-12, 2005 ........................................................... 266 HR 141-- "Hand in Hand with Children: Guidiing and Protecting
Week"; declare February 7-12, 2005 ........................................................... 266 HR 142-- Committee on the Implementation of Textile
Agreements; request approval of safeguard petitions................. 283, 316, 634, 1051, 3048
HR 143-- "Ronald Reagan Day" in Georgia; recognize February 6.................... 298, 344 HR 144-- Varnadoe, William II; condolences ............................................................. 298 HR 145-- Wallis, Henry Washington "Buddy" Jr.; condolences................................. 298 HR 146-- Smith, Verla T.; condolences....................................................................... 298 HR 147-- Gainesville High School Ladies Golf Team and Linda
Darnell; commend........................................................................................ 298 HR 148-- Massey, Eric; commend............................................................................... 299 HR 149-- Buffington, Joe Jr.; condolences.................................................................. 299 HR 150-- Lakeview Academy Baseball Team; commend .......................................... 299 HR 151-- Saunders, Barbara; commend ...................................................................... 299 HR 152-- Gilbert, Paul; commend ............................................................................... 299 HR 153-- Romberg, Carl Bernhard II; condolences .................................................... 299 HR 154-- Nix, Ed; condolences ................................................................................... 299 HR 155-- Cathey, Bob Bryan; condolences................................................................. 300 HR 156-- Bower, Thomas L. "Tom" II; condolences .................................................. 300 HR 157-- Clark, Rudolph; condolences....................................................................... 300 HR 158-- Smith, Nolie Joiner; condolences ................................................................ 300 HR 159-- Lester, Donald P.; condolences; Lester, Jack and Keith;
commend...................................................................................................... 300 HR 160-- Local boards of education; reimburse expenses of
certain elections - CA .......................................................................... 315, 341 HR 161-- Deaths of persons confined in jails; urge investigations ..................... 315, 341 HR 162-- Ad valorem tax; limitations upon rate of increase in
value - CA............................................................................................ 315, 341 HR 163-- White, Meredith; invite to House ................................................................ 319 HR 164-- Georgia Recreation and Parks Association; invite
representatives to House .............................................................. 319, 342, 345 HR 165-- Joint session; message from Chief Justice of Supreme
Court .................................................................................................... 322, 429

INDEX

4781

HR 166-- Bartow, Brantley, Carroll, Chatham, Cherokee, Clarke, Dekalb, Fulton, Habersham, Irwin, Jackson, Meriwether, Putman, Rabun, Seminole, Taliaferro, Troup, Union counties, and Hamilton County, Tennesse; convey property ............................................... 338, 426, 798, 1176, 3282, 3622
HR 167-- President's Supreme Court nominees; urge Georgia U.S. Senators to support............................................................... 338, 426, 544, 908
HR 168-- Public transportation; governmental function; create corporation or authority - CA .............................................................. 339, 426
HR 169-- Joint Study Committee on the Use of Dry Cleaning Solvents; create .................................................................................... 339, 426
HR 170-- Joint Solid Waste Trust Fund Study Committee; create...................... 339, 426 HR 171-- PeachCare; enroll children of public employees; urge
congressional action................................................................... 339, 426, 2774 HR 172-- Clergy Day at the Georgia State Capitol; recognize;
members of the clergy; commend................................................................ 411 HR 173-- Blue Star Memorial Highway in Pembroke; designate ............ 425, 462, 1233,
1815, 3278 HR 174-- Gilmer High School Wrestling Team; commend ........................................ 411 HR 175-- Zollars, Alma; commend on 100th birthday................................................ 411 HR 176-- Rapson, Andy; Eagle Scout; commend ....................................................... 411 HR 177-- Curry, Michael E.; commend....................................................................... 411 HR 178-- Home Education Day at the Capitol; recognize
February 10, 2005 ........................................................................................ 412 HR 179-- Hill, Reverend Clyde, Sr.; commend........................................................... 412 HR 180-- Kennesaw Youth Council and Acworth Youth Council;
commend...................................................................................................... 412 HR 181-- Thackston, CW2 Eric B.; commend ............................................................ 412 HR 182-- Bentley, George Edward; condolences........................................................ 412 HR 183-- Dills, Christopher Shane; Eagle Scout; commend....................................... 412 HR 184-- Freeman, Brandon James; Eagle Scout; commend ..................................... 412 HR 185-- Patterson Elementary School; commend ..................................................... 412 HR 186-- Keep Georgia Beautiful and the Keep America
Beautiful affiliates in Georgia; commend.................................................... 413 HR 187-- Chisholm, Shirley St. Hill; condolences...................................................... 413 HR 188-- Holloway, Dr. John Teddy; commend......................................................... 413 HR 189-- Mathis, Kathy Reeves; condolences ............................................................ 413 HR 190-- Ralstin, Susan; commend............................................................................. 413 HR 191-- Health Care Decisions Week in Georgia; recognize
November 7-13, 2005 .......................................................................... 413, 471

4782

INDEX

HR 192-- Rules of House; amend Rule 18 ................................................. 425, 462, 653, 873
HR 193-- Hamilton County, Tennessee; convey property........................ 461, 510, 1000, 2195, 3278
HR 194-- Cordele-Crisp County Fish Fry; invite cooking team to House ........................................................................................... 430, 561, 566
HR 195-- Glover, Kristan; invite to House.................................................................. 431
HR 196-- Hawkinsville High School Red Devils football team; invite team to House .................................................................... 431, 561, 566
HR 197-- House Study Committee on Public Retirement Fund Investment in Venture Capital; create ................................................. 461, 510
HR 198-- Adjournment; relative to...................................................................... 442, 514
HR 199-- 4-H Clubs of Georgia; invite 2004-2005 Leadership Team to House ............................................................................. 431, 561, 566
HR 200-- Baxter Shavers Memorial Intersection; designate .................... 461, 510, 1233, 1815
HR 201-- Wendell W. Thigpen Memorial Bridge; designate................... 461, 510, 1233, 1815, 3278
HR 202-- Youth Leadership Henry; invite members to House ................................... 446
HR 203-- Spiva, Mrs. Dora Hunter Allison; commend on 100th birthday ........................................................................................................ 444
HR 204-- Action Ministries, Inc.; commend ............................................................... 444
HR 205-- Northcutt, Ruth Anderson; commend on 100th birthday ............................ 444
HR 206-- Andary, Robert; Eagle Scout; commend ..................................................... 444
HR 207-- Horkan, Honorable George Arthur, Jr.; condolences .................................. 445
HR 208-- Hayes, Kevin; Eagle Scout; commend ........................................................ 445
HR 209-- Sequoyah High School Chiefs football team; commend............................. 445
HR 210-- Cherokee High School Warriors football team; commend...................................................................................................... 445
HR 211-- Auburn University football team; commend ............................................... 445
HR 212-- Prison chaplains; recognize March 31, 2005, as Prison Chaplains' Appreciation Day ....................................................................... 445
HR 213-- Stroke Awareness Month in Georgia; recognize May................................. 445
HR 214-- House All-terrain Vehicle (ATV) Safety Study Committee; create ..................................................................... 461, 510, 1443, 3287
HR 215-- Youth Leadership Fayette; Fayette County Chamber of Commerce; commend .................................................................................. 500
HR 216-- Georgia's military installations; urge President and Congress consider importance............................................................. 509, 560
HR 217-- Long-term or self-directed care initiative; urge Medicare and Medicaid approve waiver requests ............................... 509, 560

INDEX

4783

HR 218-- Hitchens, Bill; Homeland Security director; invite to House ........................................................................................... 500, 914, 940
HR 219-- Jones, Jimmy; Peace Officer of the Year for Valor; invite to House ............................................................................. 500, 914, 940
HR 220-- Holland, David Q. III; Peace Officer of the Year for Valor; invite to House.................................................................. 500, 914, 940
HR 221-- Parent Teacher Association (PTA); invite representatives to House .............................................................. 500, 637, 637
HR 222-- Kennesaw Youth Council and Acworth Youth Council; commend...................................................................................................... 501
HR 223-- CDC Foundation; commend; recognize May 4, 2005 as 10th Anniversary of CDC Foundation in Georgia....................................... 501
HR 224-- Thompson, Donald Homer "Tommy"; condolences ................................... 501
HR 225-- THE QUEST for Public Education, Inc.; commend ................................... 501
HR 226-- District 65; recognize March 1, 2005, as Legislative Day at Capitol .............................................................................................. 501
HR 227-- Parent Teacher Association; recognize February 17, 2005, as National PTA Founders Day on Capitol Hill ................................ 501
HR 228-- Four-year college in Gwinnett County; approve creation.................... 509, 560
HR 229-- REACH for Wellness Day; proclaim February 26, 2005, at Capitol; invite representatives to House ........................................ 516
HR 230-- House Local School District Development Impact Fees Study Committee; create........................................................... 560, 600, 1142, 3289
HR 231-- A. L. Stepp Interchange; designate........................................... 560, 600, 1233, 1815, 3279
HR 232-- Bentley, Fred D., Sr.; commend .................................................................. 544
HR 233-- Edenfield, Billy G.; commend ..................................................................... 544
HR 234-- Kiwanis Club of Augusta; recognize March 10, 2005, as Kiwanis Club of Augusta Day................................................................. 544
HR 235-- Jefferson High School Wrestling Team; commend..................................... 544
HR 236-- Hollowell, Donald L.; condolences; invite family to House ....................................................................................... 544, 2391, 2413
HR 237-- House of Representatives; establish redistricting standards .............................................................................. 560, 589, 600, 867
HR 238-- Charles Bradley Mullis Memorial Bridge; designate .......................... 598, 652
HR 239-- Cobb County; convey property................................................. 598, 652, 1000, 2142, 3279
HR 240-- Dale Earnhardt Day in Georgia; designate April 29 annually..................................................................................... 647, 807, 1128, 1696, 2348
HR 241-- REACH for Wellness; commend................................................................. 585

4784

INDEX

HR 242-- Struckhoff, Barbara; commend.................................................................... 585 HR 243-- Parks, Jessica; commend.............................................................................. 586 HR 244-- Neugent, Ms. Bessie Vickers; commend..................................................... 586 HR 245-- Savage, Wiley Lamar "Apple"; condolences............................................... 586 HR 246-- Rabun County Middle School; "Georgia School of
Excellence for 2005"; commend.................................................................. 586 HR 247-- Jesup High School football team; 1954-55 state
champion; commend.................................................................................... 586 HR 248-- Wayne County Sports Hall of Fame; 2005 inductees;
commend...................................................................................................... 586 HR 249-- Georgia Association of Educators; 22nd annual
Legislative Conference Day; recognize February 21, 2005 ............................................................................................................. 586 HR 250-- Benson, Bradley; invite to House ................................................ 587, 637, 637 HR 251-- Robert Toombs Christian Academy Football Team; invite to House ............................................................................. 587, 828, 833 HR 252-- United States Border Patrol; express gratitude and support ................................................................................................. 598, 652 HR 253-- National Eating Disorders Awareness Week; recognize February 19-28, 2005........................................................................... 647, 807 HR 254-- Lovejoy to Atlanta rail project; obligation of state; operating subsidy agreements.................................................... 647, 807, 1233 HR 255-- LaGrange High School Football Team; invite to House ............. 604, 808, 811 HR 256-- Illegal aliens; bar from receiving public funded services - CA...................................................................................................... 647, 807 HR 257-- Georgia's Vidalia Onion industry; commend; declare May as "Vidalia Onion Month" ................................................................... 633 HR 258-- Adams, T. K. and Louise; commend ........................................................... 633 HR 259-- Grady County; 100th anniversary; commend.............................................. 633 HR 260-- "The Reels of Rabun"; history of movies filmed in Rabun County; archival preservation .......................................................... 633 HR 261-- Weikum, Kenneth L.; Eagle Scout; commend ............................................ 634 HR 262-- Jewish life in America; honor 350 years ..................................................... 634 HR 263-- Stone Mountain Women's Club; commend ................................................. 634 HR 264-- Brand Banking Company; commend........................................................... 634 HR 265-- Lodge, Commissioner Herman; condolences .............................................. 634 HR 266-- Stephens, Samantha; 2005 Georgia Watermelon Queen; invite to House ............................................................................. 633, 828, 833 HR 267-- Warrington, Bret; invite to House ............................................... 633, 808, 811 HR 268-- Woods, Candler; invite to House................................................................. 633

INDEX

4785

HR 269-- Charles Bradley Mullis; Disabled American Veterans; Frank G. Harris; Parson H. F. Joyner; Chip Riddle; Martin Luther King, Jr., Blvd.; Mayor Johnny Bradfield; Roger Caudell; George Bentley; James D. (Jim) McGee; dedications and designations ............................ 805, 827, 1775, 2306, 3282, 3674
HR 270-- Task Force to Study Consumer Protection Provisions in the Georgia Insurance Code; create ..................................................... 652, 807
HR 271-- Georgia Peach Festival; commend; invite the 2004 Georgia Peach Queens to House.............................................. 796, 1011, 1026
HR 272-- Fey, Rick; commend .................................................................................... 678 HR 273-- Willis, Representative Arnell; commend..................................................... 678 HR 274-- Smith, Jared; Eagle Scout; commend .......................................................... 678 HR 275-- Palmer, Spencer; Eagle Scout; commend.................................................... 678 HR 276-- Schwartz, Ms. Jordan; commend................................................................. 678 HR 277-- Christian City and the Christian City Home for
Children; commend...................................................................................... 678 HR 278-- Delta Sigma Theta Day; declare March 9, 2005; invite
representatives to House .............................................................................. 796 HR 279-- Gordon Lee High School Softball Team; invite to
House ........................................................................................... 796, 905, 910 HR 280-- Frank G. Harris Memorial Highway; designate .................................. 826, 904 HR 281-- The Links, Incorporated; invite officers to House................... 816, 1011, 1026 HR 282-- McRae, Jean W.; condolences ..................................................................... 816 HR 283-- Georgia State Lodge, Fraternal Order of Police;
commend...................................................................................................... 816 HR 284-- Gignilliat, Edward H. "Ned"; condolences.................................................. 816 HR 285-- Suarez, Maria Esperanza; commend............................................................ 816 HR 286-- Platt, Larry; commend ................................................................................. 816 HR 287-- Brumbeloe, Thomas; commend................................................................... 817 HR 288-- Moody, Pat; commend................................................................................. 817 HR 289-- Odum, Dawn; commend .............................................................................. 817 HR 290-- Tanner, Patricia; commend .......................................................................... 817 HR 291-- Wilson, JoEllen; commend .......................................................................... 817 HR 292-- Cherokee High School Warriors football team;
commend...................................................................................................... 817 HR 293-- Sequoyah High School Chiefs football team; commend............................. 817 HR 294-- Kennesaw Mountain High School Marching Band;
commend...................................................................................................... 817

4786

INDEX

HR 295-- Byron Herbert Reece Memorial Highway; dedicate portion of U. S. Highway 129................................................... 826, 904, 1233, 1815, 3282, 3672
HR 296-- State Registry Study Commission; create................................. 826, 904, 1441, 3289
HR 297-- Reece, Byron Herbert; honor as "Georgia's Appalachian Poet/Novelist" ............................................................................ 903, 951, 1444
HR 298-- Black Contractors Day in Georgia; declare February 10, 2005 ............................................................................................................. 817
HR 299-- Clinch County High School Panthers football team; commend...................................................................................................... 886
HR 300-- Bill of Rights for Children in Foster Care; urge discussion by Department of Human Resources and child advocates..................................................................................... 903, 951
HR 301-- Capital Punishment Study Commission; create................................... 904, 951 HR 302-- Youth Leadership Henry; commend............................................................ 887 HR 303-- Harley, Thomas; commend.......................................................................... 887 HR 304-- Maley, John; commend................................................................................ 887 HR 305-- O'Brien, John; commend ............................................................................. 887 HR 306-- Royal, Coach Bonwell; commend ............................................................... 887 HR 307-- Georgia Rural Health Association; commend; Rural
Health Day; recognize February 22, 2005................................................... 887 HR 308-- Jackson, Jack Baggett; commend ................................................................ 887 HR 309-- Daniel, Woodson; commend ....................................................................... 887 HR 310-- Kennesaw Mountain High School Marching Band;
commend...................................................................................................... 888 HR 311-- Walker, Allyson; commend ......................................................................... 888 HR 312-- USS Jimmy Carter; recognize commissioning;
President Jimmy Carter; commend.............................................................. 888 HR 313-- Harvey, Walter Everett; condolences .......................................................... 888 HR 314-- Staub, Eddie; Eagle Ranch Children's Home; commend ............................ 888 HR 315-- Daniels, Jwaltney; commend ....................................................................... 888 HR 316-- Clem, Shane; commend ............................................................................... 888 HR 317-- Angelica, Dr. Salvatore; commend.............................................................. 888 HR 318-- Day of Respect; recognize March 3, 2005................................................... 889 HR 319-- Woods, Candler; commend ......................................................................... 911 HR 320-- Lowndes High School 2004 football team; invite to
House ....................................................................................... 910, 2391, 2413 HR 321-- Georgia Appalachian Trail Club; invite to House ................... 910, 2601, 2621 HR 322-- Younginer, Mrs. Debi; commend ................................................................ 911 HR 323-- Samples, Lamar; condolences ..................................................................... 911

INDEX

4787

HR 324-- Horne, Gail; commend................................................................................. 911 HR 325-- Carpenter, Sister Hattie Bessent; commend ................................................ 911 HR 326-- Bessent, Deacon William Edward; commend ............................................. 911 HR 327-- Sams, Sister Irene; commend ...................................................................... 911 HR 328-- Sills, Sister Eddie L.; commend .................................................................. 911 HR 329-- Jones, Brother Lindsey P.; commend .......................................................... 912 HR 330-- Kirkland, Sister Cecelia; commend ............................................................. 912 HR 331-- Sharpe, Sister Celestine; commend ............................................................. 912 HR 332-- Sills, Sister Kathryn Cain; commend........................................................... 912 HR 333-- Archie, Deacon Shepherd; commend .......................................................... 912 HR 334-- Georgia Campus - Philadelphia College of Osteopathic
Medicine; commend .................................................................................... 912 HR 335-- Vandiver, Samuel Ernest; former Governor of Georgia;
condolences.................................................................................................. 940 HR 336-- Puckett, Chase; 2005 Georgia Teacher of the Year;
invite to House ......................................................................... 941, 2334, 2360 HR 337-- Rotary International; invite certain district governors to
House ........................................................................................................... 941 HR 338-- Walker, Candice; 2004 Georgia Occupational Award of
Leadership; invite to House ..................................................... 966, 1143, 1159 HR 339-- Padgett, Beverly; 2004 Rick Perkins Award for
Excellence in Technical Instruction; invite to House .............. 966, 1143, 1159 HR 340-- House Taxpayer Bill of Rights Study Committee; create..... 1008, 1065, 1248,
3290 HR 341-- Electronic Control Device ad hoc committee; urge
continuation ........................................................................... 1008, 1065, 1127 HR 342-- Riverside Elementary School; commend; invite Craig
Barlow, Principal, to House..................................................... 999, 3016, 3052 HR 343-- Griffith, Dean Janice C.; commend ............................................................. 996 HR 344-- Senior Week at Capitol; recognize February 28 through
March 4, 2005 .............................................................................................. 996 HR 345-- Malone, Jefferson; commend....................................................................... 997 HR 346-- Griffin, Stevey; commend ........................................................................... 997 HR 347-- Dent, Laura; commend ................................................................................ 997 HR 348-- Roberts, Kevin; commend ........................................................................... 997 HR 349-- O'Neal, Emma; commend............................................................................ 997 HR 350-- Jones, Donna; commend .............................................................................. 997 HR 351-- Moore, Paula; commend .............................................................................. 997 HR 352-- Heiber, Tom; commend ............................................................................... 997 HR 353-- Fowler, Della; commend.............................................................................. 997 HR 354-- Smith, Thomas; commend ........................................................................... 997

4788

INDEX

HR 355-- Spann, Debbie; commend ............................................................................ 997 HR 356-- Forbes, Margie; commend ........................................................................... 998 HR 357-- Malone, Mike; commend............................................................................. 998 HR 358-- Spencer, Alan; commend............................................................................. 998 HR 359-- Ross, Trevor; commend............................................................................... 998 HR 360-- Brown, Lisa; commend................................................................................ 998 HR 361-- Georgia Appalachian Trail Club; commend................................................ 998 HR 362-- McIntosh, Clement O. II; commend ............................................................ 998 HR 363-- Kiwanis Club of Americus; commend ........................................................ 998 HR 364-- Urban Financial Services Coalition; commend ........................................... 998 HR 365-- School health and physical education support program;
license plates - CA ........................................................................... 1008, 1065 HR 366-- Food stamps; urge Department of Human Resources
eliminate vehicle asset test............................................................... 1009, 1065 HR 367-- McManus, Candy; commend....................................................................... 999 HR 368-- Coalition of Labor Union Women; invite Georgia
Chapter to House ................................................................... 1025, 1443, 1457 HR 369-- House Study Committee on Nutrition and Obesity of
Children; create................................................................................ 1062, 1141 HR 370-- Wilbanks, J. Alvin; invite to House....................................... 1026, 2391, 2413 HR 371-- Carroll, Rosa "Nell"; commend ................................................................. 1055 HR 372-- Strickland, Charles and Louise; commend ................................................ 1055 HR 373-- Rotary International; commend 100th Anniversary .................................. 1055 HR 374-- McElmurray, John S.; commend ............................................................... 1055 HR 375-- Scher, Jeanne; commend ........................................................................... 1055 HR 376-- Persons, Mayor Augustus Pou "Gus" III; condolences ............................. 1055 HR 377-- West, Deborah D.; commend..................................................................... 1056 HR 378-- Commerce competitive cheerleading team; commend.............................. 1056 HR 379-- "Boy Scout Day in Georgia"; recognize March 1, 2005 ........................... 1056 HR 380-- Dewberry, Willie E.; commend on 100th birthday ................................... 1056 HR 381-- Sears, Joe; condolences.............................................................................. 1056 HR 382-- Smiley, Tavis; commend ........................................................................... 1056 HR 383-- General Raymond G. Davis Young Marines of Metro
Atlanta; commend...................................................................................... 1056 HR 384-- Lee, Ada J.; commend ............................................................................... 1056 HR 385-- Peace Officers' Annuity Benefit Fund; credit for service
prior to 1/1/76 - CA ............................................................... 1062, 1141, 1265 HR 386-- Community Development Block Grant Program; urge
support ............................................................................................. 1062, 1141 HR 387-- Healthy Living Month; declare during November .......................... 1063, 1141

INDEX

4789

HR 388-- American Red Cross; recognizing March, 2005, American Red Cross Month; invite representatives to House ..................................................................................... 1075, 1076, 1076
HR 389-- Darnell, Harriet G.; condolences; H. G. Darnell Senior Multipurpose Facility; commend............................................................... 1076
HR 390-- Columbus Day at the Capitol; declare March 11, 2005 ........ 1076, 1774, 1814 HR 391-- Violence Against Women Act; urge Georgia
Congressional Delegation to reauthorize............................... 1139, 1245, 2555 HR 392-- Adjournment; relative to.................................................................. 1122, 1258 HR 393-- Parson H. F. Joyner Memorial Bridge; dedicate in
Rome................................................................................................ 1139, 1245 HR 394-- Chip Riddle Memorial Bridge; dedicate in Rome ........................... 1140, 1245 HR 395-- Teacher education; urge inclusion of health and
physical education courses............................................................... 1140, 1245 HR 396-- Fowler, Tillie K.; condolences................................................................... 1124 HR 397-- Cartledge, Raymond Leon; condolences ................................................... 1124 HR 398-- Boatright, Neal and Danielle; commend ................................................... 1124 HR 399-- Hersey, Richard M.; commend .................................................................. 1124 HR 400-- Brinson, Elder Robert Lee, Sr.; condolences............................................. 1125 HR 401-- Linder, Reverend Early; condolences........................................................ 1125 HR 402-- Williams, Jay; commend............................................................................ 1125 HR 403-- Hagans, Lee Andrew; commend................................................................ 1125 HR 404-- First Baptist Church of Baxley; commend on 125th
anniversary................................................................................................. 1125 HR 405-- Lee, Ada J.; commend ............................................................................... 1125 HR 406-- Burt, Daphne Elizabeth; commend............................................................ 1125 HR 407-- Charles, Ray; condolences; Jamie Foxx, star of the
movie RAY; invite to House ..................................................................... 1076 HR 408-- Negro Branch in Brooks County; rename Pride Branch ................. 1140, 1245 HR 409-- Savannah St. Patrick's Day Parade; invite certain
persons to House.................................................................... 1076, 1247, 1329 HR 410-- Joint Study Committee on Reporting Requirements for
Local School Systems; create .......................................................... 1242, 1439 HR 411-- Open records and open meetings; local and state
governments; exceptions - CA......................................................... 1141, 1245 HR 412-- The Emergency Food Assistance Program; food
distribution; urge Department of Human Resources raise eligibility level......................................................................... 1243, 1439 HR 413-- Warren V. Johnson Bridge; designate ............................................. 1243, 1439 HR 414-- Missing disabled adults; alert system; urge coordination by certain entities ............................................................................. 1243, 1439

4790

INDEX

HR 415-- Budget proposals damaging to certain veterans; urge Congress oppose .................................................................... 1243, 1439, 2588
HR 416-- Rules of House; amend Rule 50 ...................................................... 1243, 1439 HR 417-- Selma-to-Montgomery voting rights march;
commemorate 40th anniversary................................................................. 1230 HR 418-- Saint Joseph's Hospital; commend and recognize March
8, 2005, as "Saint Joseph's Hospital Day" ................................................. 1231 HR 419-- Macedonia First Baptist Church; commend on 140th
anniversary................................................................................................. 1231 HR 420-- Taylor, Dr. Samuel; commend................................................................... 1231 HR 421-- Mosley, Pastor Toney; commend .............................................................. 1231 HR 422-- Davis, Ossie; condolences ......................................................................... 1231 HR 423-- Arts Clayton; commend ............................................................................. 1231 HR 424-- Agel, J. Frederick; commend..................................................................... 1231 HR 425-- Brown, Ann and the Belvedere Civic Club; commend ............................. 1231 HR 426-- Wiggins, Connie; commend ...................................................................... 1232 HR 427-- "Extension Living Well Week" in Georgia; designate
second week of March ..................................................................... 1430, 2791 HR 428-- House Study Committee on Tobacco Tax Evasion;
create ..................................................................................... 1438, 1657, 1774, 3292
HR 429-- Berkmar High School Academic Decathlon Team; commend and invite to House ............................................... 1266, 2391, 2413
HR 430-- Tourism; urge state to promote with website on license plates ...................................................................................... 1439, 1774, 2626
HR 431-- Duncan, Jeff; commend ............................................................................. 1430 HR 432-- Israel, Jeff; election to State Election Board ............................................. 1425 HR 433-- Moore family; commend and invite to House ....................... 1430, 2334, 2360 HR 434-- Ukranian delegation and Friendship Force International;
commend.................................................................................................... 1430 HR 435-- Skipper, Honorable Jimmy; commend ...................................................... 1430 HR 436-- Brown, Mrs. Eula; commend on 100th birthday ....................................... 1430 HR 437-- Tyner, John; commend .............................................................................. 1431 HR 438-- Wright, Gordon Ozell, Sr. and Dorothy Barbre;
commend on 70th anniversary................................................................... 1431 HR 439-- Foster, Ashley L.; commend...................................................................... 1431 HR 440-- Casas, Mary Elizabeth "Ellie"; celebrate birth .......................................... 1431 HR 441-- Albert, Kendall; commend......................................................................... 1431 HR 442-- House HOPE Scholarship Program Study Committee;
create ..................................................................................... 1771, 2333, 2589, 3293

INDEX

4791

HR 443-- Joint Study Committee on the HOPE Scholarship Program; create ................................................................................ 1771, 2333
HR 444-- Electoral college; elimination; urge creation of congressional study commission ..................................................... 1771, 2333
HR 445-- Voting Rights Act; urge President and Congress to extend and expand ........................................................................... 1772, 2332
HR 446-- Voting Rights Act; urge President and Congress to extend............................................................................................... 1772, 2332
HR 447-- Africa Society of The National Summit on Africa; commend.................................................................................................... 1746
HR 448-- "Liturgical Dance Day"; recognize September 9, 2005............................. 1746
HR 449-- Fludd, Christine; commend ....................................................................... 1746
HR 450-- Pickard, Jana C.; University System of Georgia Outstanding Scholar; commend................................................................. 1746
HR 451-- Cheevers, Cassandra Denise; University of Georgia Outstanding Scholar; commend................................................................. 1746
HR 452-- Miley, Jared; University System of Georgia Outstanding Scholar; commend................................................................. 1746
HR 453-- Ford, Justin Thomas; University System of Georgia Outstanding Scholar; commend................................................................. 1746
HR 454-- Hobbs, Bradley; University System of Georgia Outstanding Scholar; commend................................................................. 1747
HR 455-- Vuong, Chi K.; University System of Georgia Outstanding Scholar; commend................................................................. 1747
HR 456-- Harris, Ollena Shonta; University System of Georgia Outstanding Scholar; commend................................................................. 1747
HR 457-- Bowers, Teresa Velzy; University System of Georgia Outstanding Scholar; commend................................................................. 1747
HR 458-- McNeely, Jason Stewart; University System of Georgia Outstanding Scholar; commend................................................................. 1747
HR 459-- Aldridge, Maria D.; University System of Georgia Outstanding Scholar; commend................................................................. 1747
HR 460-- Senters, Sara; University System of Georgia Outstanding Scholar; commend................................................................. 1747
HR 461-- Gruda, Vedran; University System of Georgia Outstanding Scholar; commend................................................................. 1748
HR 462-- Williamson, Laura K.; University System of Georgia Outstanding Scholar; commend................................................................. 1748
HR 463-- Forbes, Susie Marie; University System of Georgia Outstanding Scholar; commend................................................................. 1748
HR 464-- Bartlett, Ashli Nicole; University System of Georgia Outstanding Scholar; commend................................................................. 1748

4792

INDEX

HR 465-- Garrett, Senobia M.; University System of Georgia Outstanding Scholar; commend................................................................. 1748
HR 466-- Collier, David Scott; University System of Georgia Outstanding Scholar; commend................................................................. 1748
HR 467-- Ashley, Carrie L.; University System of Georgia Outstanding Scholar; commend................................................................. 1748
HR 468-- Murphy, Rebecca Anne; University System of Georgia Outstanding Scholar; commend................................................................. 1749
HR 469-- Zachery, Sheena; University System of Georgia Outstanding Scholar; commend................................................................. 1749
HR 470-- Whitehead, Eva Ann; University System of Georgia Outstanding Scholar; commend................................................................. 1749
HR 471-- Doxley, Charles; University System of Georgia Outstanding Scholar; commend................................................................. 1749
HR 472-- Cawthon, Kaedy Leigh; University System of Georgia Outstanding Scholar; commend................................................................. 1749
HR 473-- Padgett, Jeffrey Brandon; University System of Georgia Outstanding Scholar; commend................................................................. 1749
HR 474-- O'Neal, Carla; University System of Georgia Outstanding Scholar; commend................................................................. 1749
HR 475-- Travis-Bell, Sheena; University System of Georgia Outstanding Scholar; commend................................................................. 1750
HR 476-- Popplewell, Allison R.; University System of Georgia Outstanding Scholar; commend................................................................. 1750
HR 477-- Fisher, Jacquelyn J.; University System of Georgia Outstanding Scholar; commend................................................................. 1750
HR 478-- Askew, Ashley; University System of Georgia Outstanding Scholar; commend................................................................. 1750
HR 479-- Raykin, Julia; University System of Georgia Outstanding Scholar; commend................................................................. 1750
HR 480-- Crim, Matthew Tyler; University System of Georgia Outstanding Scholar; commend................................................................. 1750
HR 481-- Burns, Danielle Pauline; University System of Georgia Outstanding Scholar; commend................................................................. 1750
HR 482-- Cooper, Jeanne R.; University System of Georgia Outstanding Scholar; commend................................................................. 1750
HR 483-- Mack, Rachel Nicole; University System of Georgia Outstanding Scholar; commend................................................................. 1751
HR 484-- Reverend George Vandiver Memorial Bridge; designate................ 1772, 2332
HR 485-- Adam Poole Vandiver Memorial Bridge; designate........................ 1772, 2332
HR 486-- House Ad Valorem Inventory Tax Study Committee; create ..................................................................................... 1772, 2332, 2690, 3295

INDEX

4793

HR 487-- Adjournment; relative to.................................................................. 1456, 1801
HR 488-- House Education Funding Study Committee; create.......... 10, 76, 1773, 2332, 2690, 3296
HR 489-- House Study Committee on Georgia's Oral Health; create ................................................................................................ 1773, 2332
HR 490-- Joint House-Senate Study Committee on the Restructuring of Georgia's Criminal Penalties; create..................... 1773, 2332
HR 491-- Renewable and recovered resources and energy policy; recognize as issue of vital importance ................................... 1773, 1817, 2332
HR 492-- Community Living Services Joint Study Committee; create ................................................................................................ 1773, 2332
HR 493-- Lipson, Dr. Robert A.; WellStar Health System; commend; invite Dr. Lipson to House................................... 1657, 2774, 2796
HR 494-- House Coastal Georgia Sound Science Initiative Study Committee; create ................................................................. 1773, 1817, 2332, 2599, 3296
HR 495-- McBee, Dr. Louise; invite to House ...................................... 1701, 2702, 2715
HR 496-- Johnson, Mamie C.; commend .................................................................. 1751
HR 497-- Wall, Emily; commend .............................................................................. 1751
HR 498-- Casas, Jonathan David; commend ............................................................. 1751
HR 499-- Hobgood, Noel Hayes "Hob", Jr. and Mary Bob Acree; condolences...................................................................................... 1751, 2348
HR 500-- Blairsville Scottish Festival and Highland Games; commend.................................................................................................... 1751
HR 501-- Georgia State Air Show Day at Heart of Georgia Regional Airport; recognize 3/26/05 ......................................................... 1751
HR 502-- Randolph Southern School Basketball team; commend............................ 1752
HR 503-- Edwards, Corporal Douglas; commend..................................................... 1752
HR 504-- Leadership Dalton-Whitfield and Dalton-Whitfield Chamber of Commerce; commend............................................................ 1752
HR 505-- "Motorcycle Awareness and You Month"; recognize 5/05 ............................................................................................................ 1752
HR 506-- Morris, Deacon Floyd Edwin Charles; commend ..................................... 1752
HR 507-- Randolph, Dawn A.; commend ................................................................. 1752
HR 508-- Sports, Joe; commend ................................................................................ 1752
HR 509-- Walker, Dustin Lee; commend .................................................................. 1753
HR 510-- Eckles, Martin Daniel; commend .............................................................. 1753
HR 511-- BOMA Atlanta; recognize 3/17/05 BOMA Day at Capitol........................................................................................................ 1753
HR 512-- House Community Living Services Study Committee; create ..................................................................................... 2331, 2390, 3254, 4197

4794

INDEX

HR 513-- National alert system; missing adults; urge Congress enact ................................................................................................. 2331, 2390
HR 514-- Morningside Elementary School; invite principal to House ......................................................................................................... 1814
HR 515-- House Study Committee on Restructuring Georgia's Criminal Penalties; create ..................................................... 2332, 2390, 2702, 3298
HR 516-- Elliott, Bill; invite family to House ....................................... 1840, 2601, 2622 HR 517-- Fannin County High School Junior Varsity Academic
Team; invite members to House ............................................ 1966, 2774, 2796 HR 518-- House Study Committee on Children: Newborns to Age
Five; create............................................................................ 2332, 2390, 2598, 3301
HR 519-- House Study Committee on Parimutuel Betting on Horse Racing; create........................................................................ 2332, 2390
HR 520-- Shealy, John A., Jr.; Eagle Scout; commend............................................. 2321 HR 521-- Climax, City of; 100th anniversary; commend.......................................... 2321 HR 522-- Mosby, Nathaniel; commend..................................................................... 2321 HR 523-- First Family of NASCAR; recognize the Elliott Family ........................... 2321 HR 524-- Smiley, Dr. Thomas R.; commend ............................................................ 2321 HR 525-- Rotary International and District Governor John H.
Parkins III; commend................................................................................. 2321 HR 526-- Williams, G. B.; condolences .................................................................... 2322 HR 527-- Simmons, Pastor Thomas J.; commend..................................................... 2322 HR 528-- Evans, William Robert; Eagle Scout; commend ....................................... 2322 HR 529-- Carlisle, Sheriff Billy; commend ............................................................... 2322 HR 530-- Stallard, Ms. Ann; commend ..................................................................... 2322 HR 531-- Jamieson, Hon Mary Jeanette; commend .................................................. 2322 HR 532-- Bevington, Ms. Paula Lawton; commend.................................................. 2322 HR 533-- Lamar, Mrs. Lucile Smith; commend........................................................ 2323 HR 534-- Citizens Christian Academy Lady Patriots Basketball
team; commend.......................................................................................... 2323 HR 535-- Yates, Hon John; commend ....................................................................... 2413 HR 536-- Mobile phone usage in motor vehicles; Public Service
Commission regulate - CA .............................................................. 2554, 2597 HR 537-- Sale of aviation fuel; fund regional airport facilities;
urge DOT ............................................................................... 2554, 2597, 2703 HR 538-- Justice, Lea; commend............................................................................... 2544 HR 539-- Stewart, Donna; commend......................................................................... 2544 HR 540-- Osborne, Ms. Na'Taki; commend .............................................................. 2544 HR 541-- Cook, Ms. Roberta J.; commend ............................................................... 2544

INDEX

4795

HR 542-- Tillman, Christine; commend .................................................................... 2544 HR 543-- Webster, Billy; commend .......................................................................... 2544 HR 544-- Fagan, Shelagh; commend......................................................................... 2545 HR 545-- Doster, Teresa; commend .......................................................................... 2545 HR 546-- Trott, Gary; commend................................................................................ 2545 HR 547-- Stiggers, Vincent; commend...................................................................... 2545 HR 548-- Reid, Janie; commend................................................................................ 2545 HR 549-- Layfield, Madelyn; commend.................................................................... 2545 HR 550-- Koch, Robert; commend ............................................................................ 2545 HR 551-- Thatcher, Sharon; commend ...................................................................... 2546 HR 552-- Cespedes, Marilyn; commend ................................................................... 2546 HR 553-- Cooper, Ethan; commend .......................................................................... 2546 HR 554-- Taylor, Tina; commend ............................................................................. 2546 HR 555-- Morris, Jeff; commend............................................................................... 2546 HR 556-- Barrett, Mary; commend............................................................................ 2546 HR 557-- Appling, Donald; commend....................................................................... 2546 HR 558-- Branan, Jimmy; commend ......................................................................... 2546 HR 559-- Crowe, Jessica; commend.......................................................................... 2547 HR 560-- Dorsey, Tywanda; commend ..................................................................... 2547 HR 561-- Addy, Dennis; commend ........................................................................... 2547 HR 562-- Jackson, Lisa; commend ............................................................................ 2547 HR 563-- Dahlonega/Lumpkin County; establish as Georgia's
Premier Sports Cycling Community................................................ 2547, 3279 HR 564-- Georgia Association of Black Elected Officials;
commend.................................................................................................... 2547 HR 565-- Echols County; Lake Park area of Lowndes County;
recognize as Carrot Capital of South ......................................................... 2547 HR 566-- Prater's Mill; Legacy of Georgia Tradition; recognize.................... 2547, 3279 HR 567-- Shaw Industries and other private smoke-free
businesses; commend................................................................................. 2548 HR 568-- NASCAR Hall of Fame; urge to locate in Atlanta ................ 2596, 2701, 2774 HR 569-- Dade County High School softball team; invite
members and Head Coach Jill Higdon to House ................... 2562, 2626, 2626 HR 570-- Bill Elliott Day in Georgia; designate October 8
annually.................................................................................. 2596, 2701, 2774 HR 571-- Harry H. Eason Bridge; designate ................................................... 2596, 2701 HR 572-- Lebanon United Methodist Church; commend.......................................... 2583 HR 573-- Schwartz, Janet; commend ........................................................................ 2584 HR 574-- Savage, Steve; commend ........................................................................... 2584 HR 575-- Wilson, Benjamin Daniel; commend......................................................... 2584

4796

INDEX

HR 576-- Nelms, Christopher Pierce; commend ....................................................... 2584 HR 577-- Lane, Mrs. Dora L.; condolences............................................................... 2584 HR 578-- Lester, Bill; commend................................................................................ 2584 HR 579-- Elliott, Bill; commend................................................................................ 2584 HR 580-- Atlanta Motor Speedway Day at Capitol; recognize
3/16/05 ....................................................................................................... 2584 HR 581-- Cook, Terry; commend .............................................................................. 2585 HR 582-- LaBarge, Dustin Allan; commend ............................................................. 2585 HR 583-- Barnett, William M.; condolences ............................................................. 2585 HR 584-- Embrick, Chris; commend ......................................................................... 2585 HR 585-- Wilson, Travon; condolences .................................................................... 2585 HR 586-- Marietta High School girls basketball team; commend............................. 2585 HR 587-- Blackshear, Reverend Jesse Allen; commend ........................................... 2585 HR 588-- Gwyn, Reverend Willie; commend ........................................................... 2585 HR 589-- Green, Mrs. Pat Hugley; commend ........................................................... 2586 HR 590-- Plummer, Reverend Robert L.; commend ................................................. 2586 HR 591-- Small, Pastor Nathaniel, Sr.; commend ..................................................... 2586 HR 592-- Gunn, Dr. Willie D.; commend ................................................................. 2586 HR 593-- Denton, Helen; commend .......................................................................... 2586 HR 594-- McQueen, Brandon Victor; commend....................................................... 2586 HR 595-- Brown, Reverend Matthew Southall; commend........................................ 2586 HR 596-- Stokes, Reverend Dr. William Franklin II; commend
years of service .......................................................................................... 2586 HR 597-- Carrollton High School Competitive Cheerleading
Squad and coaches; commend on Class AAA State Championship ............................................................................................ 2587 HR 598-- Keith, Mrs. Carrie B.; condolences ........................................................... 2587 HR 599-- Reece, Byron Herbert; "Georgia's Appalachian Poet/Novelist"; commend .......................................................................... 2587 HR 600-- Black, Mrs. Clemmie Adams; commend................................................... 2587 HR 601-- Operation Sandbox GA, Julie and Virginia Pearson, and members of Park Place Baptist Church; commend ................................... 2587 HR 602-- Barnes, Judge Rowland W.; condolences.................................................. 2587 HR 603-- Charlton County High School football team and Head Coach Rich McWhorter; invite to House .............................. 2621, 2702, 2715 HR 604-- Hephzibah High School students, teachers, and administrators; invite to House.................................................................. 2621 HR 605-- Adjournment; relative to.................................................................. 2638, 2711 HR 606-- House Study Committee on Coroners' Compensation; create ................................................................................................ 2699, 2773

INDEX

4797

HR 607-- Barnett, Dr. Marsha; invite to House..................................... 2621, 2702, 2715 HR 608-- Blanchard and Calhoun Real Estate for its role in
establishing the Bartram Trail community; commend .............................. 2685 HR 609-- Perryman, Lois Stene; condolences........................................................... 2685 HR 610-- Tomlinson, Teresa Pike; commend ........................................................... 2685 HR 611-- Fogle, Reverend Charlie, Sr.; commend.................................................... 2685 HR 612-- Lewis, Bishop Moses A.; commend .......................................................... 2685 HR 613-- Williams, Dr. Samuel, Sr.; commend ........................................................ 2685 HR 614-- Carter, former First Lady Rosalynn; commend......................................... 2686 HR 615-- Baker, Reverend Harold; commend .......................................................... 2686 HR 616-- Boles, Pastor Nathaniel N.; commend....................................................... 2686 HR 617-- Dixon, Reverend Dr. Carol E.; commend.................................................. 2686 HR 618-- Fabiani, Rozell Fair; condolences.............................................................. 2686 HR 619-- Oakes, Ella Ray; commend........................................................................ 2686 HR 620-- Charlton County High School football team; commend ........................... 2686 HR 621-- Garland, Doris; commend.......................................................................... 2686 HR 622-- Foster, Cordero; commend ........................................................................ 2687 HR 623-- Garland, Paul; commend ........................................................................... 2687 HR 624-- Harris, Adrienne; commend....................................................................... 2687 HR 625-- Weaver, Cynthia G.; commend ................................................................. 2687 HR 626-- Abrams, Glenn, Sr.; condolences .............................................................. 2687 HR 627-- Taft, Allyson, STAR student, and Debra Brigham,
STAR teacher; commend........................................................................... 2687 HR 628-- Clements, Randy L.; commend ................................................................. 2687 HR 629-- Burmeister, Ashley; commend .................................................................. 2687 HR 630-- Kluever, Todd; welcome to State Capitol.................................................. 2687 HR 631-- Westside High School NJROTC sporter rifle team;
commend.................................................................................................... 2688 HR 632-- House Wildlife Management Study Committee; create ....... 2699, 2773, 3136,
4200 HR 633-- Oversight Committee for Planning to Provide Home
and Community Based Services; create ............................... 2699, 2773, 3014, 4201
HR 634-- Ad valorem tax; tangible property; eliminate - CA ......................... 2699, 2773 HR 635-- East Hall High School basketball team and Head Coach
Joe Dix; commend ..................................................................................... 2716 HR 636-- East Hall High School; invite students, parents,
teachers, and administrators to House ................................... 2714, 2715, 2716 HR 637-- Coosa High School; invite students, parents, teachers,
and administrators to House .................................................. 2714, 2715, 2716

4798

INDEX

HR 638-- Portal Middle and High School; invite students, parents, teachers, and administrators to House ................................... 2714, 2715, 2716
HR 639-- Hephzibah High School; invite students, parents, teachers, and administrators to House ................................... 2714, 2715, 2716
HR 640-- Northview High School; invite students, parents, teachers, and administrators to House ................................... 2715, 2715, 2716
HR 641-- House Study Committee on Causes and Treatment of Lymphedema; create............................................................. 2701, 2773, 3016, 3303
HR 642-- House Film and Video Game Technology Study Committee; create ................................................................. 2701, 2773, 3016, 3305
HR 643-- Smith, Ashley; invite to House.............................................. 2758, 3016, 3052 HR 644-- Gwinnett County Police Department's Uniform and
Communications Divisions and SWAT Team; invite members to House ................................................................. 2758, 3016, 3052 HR 645-- Rush, Reverend James H.; commend ........................................................ 2754 HR 646-- Merritt, Stephen Michael; condolences ..................................................... 2754 HR 647-- Rossman, Elizabeth Kay; commend .......................................................... 2754 HR 648-- Tumlin, Jamie and Ryan Patrick; commend on marriage.......................... 2754 HR 649-- Brooks, Pam; commend............................................................................. 2754 HR 650-- Treadwell, Dee; commend......................................................................... 2755 HR 651-- Knowlton, Len; commend ......................................................................... 2755 HR 652-- Griffin, Elder Rufus; commend ................................................................. 2755 HR 653-- Burns, Reverend Rufus H.; commend ....................................................... 2755 HR 654-- Brown, Reverend Dr. Robert; commend ................................................... 2755 HR 655-- Jennings, Reverend John Edward; commend ............................................ 2755 HR 656-- Outler, Reverend Willie J.; commend ....................................................... 2755 HR 657-- Kent, Reverend J. Bernard, Sr.; commend ................................................ 2756 HR 658-- Pryor, Reverend Thomas; commend ......................................................... 2756 HR 659-- Gordon, Pastor Sammie, Sr.; commend..................................................... 2756 HR 660-- Ellis, Reverend Edward L., Jr.; commend ................................................. 2756 HR 661-- Walthour, Apostle R., Jr.; commend ......................................................... 2756 HR 662-- Broxton, Reverend Pete; commend ........................................................... 2756 HR 663-- Cheever, Dr. Apostle Idell; commend ....................................................... 2756 HR 664-- Zoo Atlanta; commend outstanding keepers ............................................. 2757 HR 665-- Enloe, Patricia Lane; commend ................................................................. 2757 HR 666-- Rotondo, Frank; commend ........................................................................ 2757 HR 667-- Waters, Jerrian; commend ......................................................................... 2757 HR 668-- Georgia Baptist Children's Home Day; recognize..................................... 2757

INDEX

4799

HR 669-- Prasch, Edward Andrew; commend .......................................................... 2757 HR 670-- Golden Isles Parkway Association, Inc.; commend .................................. 2757 HR 671-- Murray, Michael; commend ...................................................................... 2758 HR 672-- Fuller, Christian Alexander; commend...................................................... 2758 HR 673-- Pearls of West Georgia Debutantes; commend ......................................... 2758 HR 674-- Etowah High School Lady Eagles basketball team;
commend.................................................................................................... 2758 HR 675-- Stroke care for all residents; recognize need for
improved system .............................................................................. 2772, 3013 HR 676-- Pilot performance based asset maintenance project;
urge Department of Transportation initiate ........................... 3012, 3254, 3493 HR 677-- Butts County; regional airport; continue study..................... 3012, 3254, 4193,
4224 HR 678-- Board of Regents and Association of Governing
Boards; urge consultations............................................................... 2772, 3013 HR 679-- House Study Committee on University System
Institution Foundations; create ............................................. 2773, 3013, 3016, 3305
HR 680-- Randolph-Clay Middle and High School basketball team; commend.......................................................................................... 2818
HR 681-- Adams, Katy; commend ............................................................................ 2818 HR 682-- Hagan, Mary; commend ............................................................................ 2818 HR 683-- Schlenz, Kurt; commend ........................................................................... 2818 HR 684-- Cox, John; condolences ............................................................................. 2819 HR 685-- Rochell Federated Club; commend ........................................................... 2819 HR 686-- Ingram, Honorable Edith; commend ......................................................... 2819 HR 687-- Morris, Coach Lewis; commend................................................................ 2819 HR 688-- Rotary Club of Oconee County; commend ............................................... 2819 HR 689-- Bates, Honorable Michael; commend........................................................ 2819 HR 690-- Haymore, Jim; commend........................................................................... 2819 HR 691-- Sewell, Gwen; commend ........................................................................... 2819 HR 692-- Patel, RaKesh; commend........................................................................... 2820 HR 693-- White, John Alliston, Sr.; commend.......................................................... 2820 HR 694-- Adams, Bruce; commend........................................................................... 2820 HR 695-- Mahoney, Edward V.; commend on 95th birthday ................................... 2820 HR 696-- Newkirk, Lyle William, Jr.; commend ...................................................... 2820 HR 697-- Jones, David, Jr.; condolences................................................................... 2820 HR 698-- South Cobb High School Lady Eagles slow pitch
softball team; commend............................................................................. 2820 HR 699-- Cagle's, Inc.; 60th anniversary; commend................................................. 2820

4800

INDEX

HR 700-- Stembridge, Ethel; commend on 100th birthday ....................................... 2820 HR 701-- Caple, John and Janice; commend on 75th anniversary ............................ 2821 HR 702-- Yarbrough, Jim; commend ........................................................................ 2821 HR 703-- Payne, Randy; commend ........................................................................... 2821 HR 704-- Weaver, Roger; commend ......................................................................... 2821 HR 705-- Parker, Ruel M.; commend ........................................................................ 2821 HR 706-- Gibson, Flora Mell; commend ................................................................... 2821 HR 707-- Banks, Ms. Willia; commend .................................................................... 2821 HR 708-- Bonner, Mrs. Deane Thompson; commend............................................... 2822 HR 709-- Jackson-Samuels, Rita; commend ............................................................. 2822 HR 710-- Seydel, Laura and Rutherford; commend.................................................. 2822 HR 711-- New Beginnings Christian Ministries Church;
commend.................................................................................................... 2822 HR 712-- Sawyer Road Elementary School; recognize founding ............................. 2822 HR 713-- Marietta Center for Advanced Academics in Math,
Science, and Technology; recognize founding.......................................... 2822 HR 714-- Dunwoody HS basketball team; Class AAA State
Championship; commend .......................................................................... 2822 HR 715-- Brittian, Mrs. Ocie; commend ................................................................... 2822 HR 716-- Williams; Sandra; commend...................................................................... 2823 HR 717-- Hill, Betty; commend................................................................................. 2823 HR 718-- Morningside Elementary School; commend ............................................. 3134 HR 719-- 3rd Force Reconnaissance Company; invite Marines to
House ..................................................................................... 3051, 3051, 3052 HR 720-- Bonner, Coach Norman; commend ........................................................... 3134 HR 721-- Shuman-Riley, Dr. Brenda; 2006 GA Teacher of the
Year; commend.......................................................................................... 3071 HR 722-- Blue Ribbon Committee on Jekyll Island; encourage
governor to appoint.......................................................................... 3012, 3254 HR 723-- Reverend George Vandiver Memorial Bridge; designate................ 3252, 4059 HR 724-- US-Dominican Republic-Central America Free Trade
Agreement; urge Congress pass....................................................... 3252, 4059 HR 725-- Lucas, Cicero; invite to House............................................... 3070, 3070, 3070 HR 726-- Shuman-Riley, Dr. Brenda; 2006 Georgia Teacher of
the Year; invite to House ....................................................... 3070, 3070, 3070 HR 727-- New Order; commend................................................................................ 3134 HR 728-- Tillman, Reverend Eugene C.; commend.................................................. 3134 HR 729-- Morgan, Jean; commend............................................................................ 3135 HR 730-- Free Trade Area of the Americas; urge Congress to vote
against .............................................................................................. 3252, 4059

INDEX

4801

HR 731-- Galarneau, Sister Therese; commend ........................................................ 3071 HR 732-- Haugen, Kay; commend ............................................................................ 3071 HR 733-- Shannon, Chris L.; Eagle Scout; commend ............................................... 3071 HR 734-- Hephzibah Comprehensive High School girls basketball
team; commend.......................................................................................... 3071 HR 735-- Johnson, Reverend Dr. Matthew Vaughn, Sr.; commend.......................... 3071 HR 736-- Efiong Udo Ekong, Professor Donald; condolences ................................. 3071 HR 737-- Turner Chapel African Methodist Episcopal Church;
commend.................................................................................................... 3071 HR 738-- Parsons, Jacob; Eagle Scout; commend..................................................... 3072 HR 739-- Morgan, Dr. Joel L.; Psychiatrist of the Year; commend.......................... 3072 HR 740-- Dixon, Harry; commend ............................................................................ 3072 HR 741-- Glisson, Johnny; Eagle Scout; commend .................................................. 3072 HR 742-- Struemph, Matthew Joseph; Eagle Scout; commend ................................ 3072 HR 743-- Berryman, Eric; commend......................................................................... 3072 HR 744-- Beasley, Dr. John; commend ..................................................................... 3072 HR 745-- Westbrook, Jacob "Jake" Cauthen; commend ........................................... 3072 HR 746-- Enota Elementary School; commend......................................................... 3073 HR 747-- Moon, Jenna; commend............................................................................. 3073 HR 748-- Sosebee, Andrew; commend ..................................................................... 3073 HR 749-- Flynn, Ellen; commend.............................................................................. 3073 HR 750-- Stoudenmire, Melanie Kay Sandrock; commend ...................................... 3073 HR 751-- Colquitt, City of; Georgia's first "mural city"; commend.......................... 3073 HR 752-- Humphrey, Tasha; commend..................................................................... 3073 HR 753-- Alan C. Hope HS rugby team, athletic director, and
coaches; commend..................................................................................... 3073 HR 754-- Colquitt, City of; Georgia's First Mural City; designate ........................... 3074 HR 755-- Public Health Week in Georgia; recognize ............................................... 3074 HR 756-- Kennel, Michelle Marie; commend ........................................................... 3074 HR 757-- Robinson, Johnny; condolences................................................................. 3074 HR 758-- Clayton County's STAR students and STAR teachers;
commend.................................................................................................... 3074 HR 759-- McKinnon, Captain Mike; commend ........................................................ 3074 HR 760-- Frost, Dr. Edward; commend .................................................................... 3074 HR 761-- Armstrong, Mary; commend ..................................................................... 3075 HR 762-- Myers, Randy; Eagle Scout; commend ..................................................... 3075 HR 763-- Eating Disorders Information Network's School
Outreach Program; commend .................................................................... 3075 HR 764-- Bradley, Coach Ronald; commend ............................................................ 3135

4802

INDEX

HR 765-- House City of Fairview Incorporation Study Committee; create ............................................................................ 3252, 4059
HR 766-- Sylvania Rotary Club; commend............................................................... 3135 HR 767-- Starnes, Dr. Roger; condolences................................................................ 3135 HR 768-- Weissinger, William S. "Bill"; condolences.............................................. 3135 HR 769-- Brantley, Thomas Scott; Eagle Scout; commend ...................................... 3135 HR 770-- Jenkins County; centennial; commend ...................................................... 3135 HR 771-- Collins Hill High School Lady Eagles basketball team;
commend.................................................................................................... 3135 HR 772-- University System of Georgia; urge closure on election
day; encourage students to work at polls......................................... 3253, 4059 HR 773-- Sales tax for educational purposes; authorization under
certain conditions - CA .................................................................... 3253, 4059 HR 774-- House Study Committee on Health Care Bonds; create.................. 3253, 4059 HR 775-- House Study Committee on Teleworking; create............................ 3013, 3254 HR 776-- Weeks, Coach Rick; commend.................................................................. 3240 HR 777-- Foot Efx; congratulate ............................................................................... 3240 HR 778-- Cobb County Master Gardeners; commend .............................................. 3241 HR 779-- Crimm, Dr. Harlon; commend................................................................... 3241 HR 780-- Bethany United Methodist Church; commend .......................................... 3241 HR 781-- Lehmann, Scott; commend ........................................................................ 3241 HR 782-- Watson, Terry S.; commend ...................................................................... 3241 HR 783-- Gates, Aril Allison; condolences ............................................................... 3241 HR 784-- Smith, Donald D. & Carol M.; commend.................................................. 3241 HR 785-- Simons, David; commend.......................................................................... 3241 HR 786-- Rittelmeyer, Jon; commend ....................................................................... 3242 HR 787-- Arizona Chemical; commend .................................................................... 3242 HR 788-- Heidel, Erin and Dave Kartunen; commend.............................................. 3242 HR 789-- Blitch, Senator Peg; commend .................................................................. 3242 HR 790-- Gallery Espresso; commend ...................................................................... 3242 HR 791-- Collier, Dorothy Christine Kelly; commend ............................................. 3242 HR 792-- Heritage High School Varsity Academic Team;
commend.................................................................................................... 3242 HR 793-- Pollen, Rev. LeRoy III; commend community service ............................. 3242 HR 794-- Miller, Ruth Joan; condolences ................................................................. 3243 HR 795-- Weyerhaeuser; congratulate....................................................................... 3243 HR 796-- The Marketing Department; congratulate.................................................. 3243 HR 797-- Perry, Matt; commend ............................................................................... 3243 HR 798-- Foster, Stephen, Jr.; Barrow County's STAR student;
commend.................................................................................................... 3243

INDEX

4803

HR 799-- Brantley County Middle School; principal, teachers, staff; commend .......................................................................................... 3243
HR 800-- Durham, Brad, D.M.D.; congratulate ........................................................ 3243 HR 801-- Taylor, Maggie Capes Mitchell; commend ............................................... 3243 HR 802-- Marchand, Doug; congratulate .................................................................. 3244 HR 803-- Greytdocs Business Systems, Inc.; commend ........................................... 3244 HR 804-- Plummer, Michael; commend.................................................................... 3244 HR 805-- Loco's Deli and Pub; commend ................................................................. 3244 HR 806-- Rotary Club of Effingham Sunrise; commend .......................................... 3244 HR 807-- Derst Baking Company; commend............................................................ 3244 HR 808-- Boy Scouts of America; 95th anniversary; commend ............................... 3244 HR 809-- Savannah College of Art and Design; recognize 4/22/05
as Savannah College Day at capitol........................................................... 3244 HR 810-- Monroe Marketing; commend ................................................................... 3245 HR 811-- Howard, Mrs. Julia Ann; condolences....................................................... 3245 HR 812-- Grizzle, Miss Erin; Miss Heart of GA 2005; commend ............................ 3245 HR 813-- Myrick Marine; commend ......................................................................... 3245 HR 814-- Gulfstream Aerospace; commend.............................................................. 3245 HR 815-- Waynesville Elementary School; commend staff...................................... 3245 HR 816-- Nahunta Primary School; commend staff.................................................. 3245 HR 817-- Nahunta Elementary School; commend staff ............................................ 3245 HR 818-- Brantley County High School; commend staff.......................................... 3246 HR 819-- Hoboken Elementary School; commend staff ........................................... 3246 HR 820-- Capitol Avenue lane usage; urge Department of
Transportation, City of Atlanta, and Capitol Police conduct study ................................................................................... 3253, 4059 HR 821-- Vandiver, Governor Samuel E., Jr.; name building on University of Georgia campus ................................................................... 4056 HR 822-- Mortgage brokers; urge Governor and Department of Banking and Finance oversee .................................................................... 4057 HR 823-- Hydrogen Fuel Cell Corridor; Workforce Training and Technology Certification; urge creation.................................................... 4057 HR 824-- Admiral John Henry Towers; portrait in state capitol ............................... 4057 HR 825-- Joseph Jones, Sr., Bridge; designate.......................................................... 4057 HR 826-- Flournoy, Honorable Robert Edward, Jr.; condolences............................ 3434 HR 827-- Skelton, Eric; Eagle Scout; commend ...................................................... 3434 HR 828-- Crawford County Middle School Student Council; commend................................................................................................... 3434 HR 829-- Glenn, Eudella N.; condolences................................................................ 3434

4804

INDEX

HR 830-- Emergency Medical Services (EMS) Week; commend certain personnel ....................................................................................... 3434
HR 831-- Lawson, Lincie Dee; condolences ............................................................ 3434 HR 832-- Wheeler High School; commend for participation in
certain competition ................................................................................... 3434 HR 833-- Johnson High School Girls Varsity Basketball team;
commend................................................................................................... 3435 HR 834-- Wheeler High School basketball team; commend.................................... 3435 HR 835-- Hydrogen Fuel Cell Corridor Program and State
University; commend................................................................................ 3435 HR 836-- Jamieson, Honorable Mary Jeanette; commend ....................................... 3435 HR 837-- Nations, Major Thomas David; commend................................................ 3435 HR 838-- Alpharetta High School; commend .......................................................... 3435 HR 839-- Georgia Perimeter College; commend...................................................... 3435 HR 840-- First Baptist Church of Stapleton, Georgia; commend............................. 3436 HR 841-- Red Hat Society; recognize 4/25/05 Red Hat Day in
Georgia...................................................................................................... 3436 HR 842-- Hopkins, Dr. David R.; commend ............................................................ 3436 HR 843-- Wylde, Sally; commend............................................................................ 3436 HR 844-- Pittman, U. H., Jr.; condolences ............................................................... 3436 HR 845-- Sims, Miss Jena; commend....................................................................... 3436 HR 846-- Emory University's Nell Hodgson Woodruff School of
Nursing; commend.................................................................................... 3436 HR 847-- House Interns; 2005 Regular Session; commend ..................................... 3436 HR 848-- Frazier, Mrs. Charlotte Hawkins; commend............................................. 3437 HR 849-- Mathews, Ethel Mae; condolences ........................................................... 3437 HR 850-- Blakey, Jennifer; commend ...................................................................... 3437 HR 851-- Tapley, Ralph; condolences...................................................................... 3437 HR 852-- Jackson Brothers Car Care Center; commend .......................................... 3437 HR 853-- Dot Owens Realty, Inc.; commend........................................................... 3437 HR 854-- Dorminy, Billy, certain Houston County program, and
director, Robert Getter; commend ............................................................ 3437 HR 855-- Supreme Court, Appeals Court, superior and state
courts; judges; partisan elections - CA ...................................................... 4057 HR 856-- "Living Will Week" in Georgia; recognize first week of
April yearly ..................................................................................... 3858, 4516 HR 857-- Albrecht, Chef Paul Andrew; commend................................................... 3859 HR 858-- Richmond County Sheriff's Office; commend ......................................... 3859 HR 859-- Trion High School Debate Team; commend ............................................ 3859 HR 860-- Bonnyman, Edward Hood; commend....................................................... 3859

INDEX

4805

HR 861-- Swords, Benjamin; commend................................................................... 3859 HR 862-- Trion High School Literary Team; commend .......................................... 3859 HR 863-- Hayes, Steve; commend............................................................................ 3859 HR 864-- Hayes, Allen; commend............................................................................ 3859 HR 865-- Green, Linda; commend ........................................................................... 3859 HR 866-- Hargett, Jeff; commend............................................................................. 3860 HR 867-- Patterson, Ms. Leigh Ellen; commend...................................................... 3860 HR 868-- Styles, Wesley; commend......................................................................... 3860 HR 869-- Poe, Christopher; commend...................................................................... 3860 HR 870-- Parker, Jim; commend .............................................................................. 3860 HR 871-- Schmidt, Craig; commend ........................................................................ 3860 HR 872-- Pruitt, John; commend .............................................................................. 3860 HR 873-- Freeman, Mrs. Diane; commend .............................................................. 3860 HR 874-- Collier, Audrey D.; commend .................................................................. 3861 HR 875-- Jackson, Roy L.; commend....................................................................... 3861 HR 876-- Ancient Egyptian Arabic Order Nobles Mystic Shrine
of North and South America; commend................................................... 3861 HR 877-- Anthony, Lester; commend ...................................................................... 3861 HR 878-- Sheppard, Josey; commend ...................................................................... 3861 HR 879-- Sister Christine Truong My Hanh; commend........................................... 3861 HR 880-- Efird, Betty L.; commend ......................................................................... 3861 HR 881-- Kemp, Miss Christie; commend ............................................................... 3861 HR 882-- Mullins, Michael C.; commend ................................................................ 3861 HR 883-- Foote, Irving Flint "Bud"; condolences .................................................... 3862 HR 884-- Yonz, Michael Chris; commend ............................................................... 3862 HR 885-- Blount, Judge Clarence; commend ........................................................... 3862 HR 886-- Fuliad, William J.; commend.................................................................... 3862 HR 887-- Capps, John B. "Jack"; condolences......................................................... 3862 HR 888-- Walker, Betty Jean Jacobs; condolences .................................................. 3862 HR 889-- Coppage, Cindy; commend ...................................................................... 3862 HR 890-- Ledford, Jean and Holmes; condolences .................................................. 3862 HR 891-- Brooks, James Patrick; commend............................................................. 3862 HR 892-- Moates, Elden and Wanda; commend ...................................................... 3862 HR 893-- Hien Dai Nguyen; commend .................................................................... 3863 HR 894-- Varnedore, Shafter and Essie Mae; commend.......................................... 3863 HR 895-- Waters, Reverend Hosie; commend ......................................................... 3863 HR 896-- Roberts, Ms. Marjorie; commend............................................................. 3863 HR 897-- Foster, Wayne; commend ......................................................................... 3863 HR 898-- Davis-Morris, Pat; commend.................................................................... 3863

4806

INDEX

HR 899-- Nelson, Rosemarie; commend .................................................................. 3863 HR 900-- Wade, Joyce; commend ............................................................................ 3863 HR 901-- Ransom, Emanuel; commend ................................................................... 3863 HR 902-- Voluntary school prayer; public religious speech; urge
Congress amend U. S. Constitution........................................................... 4058 HR 903-- Low-interest mortgage loans for certain government
employees; provide - CA ........................................................................... 4058 HR 904-- Ten Commandments; support and commend public
display........................................................................................................ 4192 HR 905-- Ellis, Linda C.; commend .......................................................................... 4192 HR 906-- Pacer, Kerry; commend ............................................................................. 4192 HR 907-- Boykin, Berl; commend............................................................................. 4193 HR 908-- Fair Oaks Community; commend; encourage Dobbins
Air Force Base to protect oak trees in this community ............................. 4193 HR 909-- Crews, Shirley; commend.......................................................................... 4449 HR 910-- House Study Committee on State Mileage
Reimbursement Rate; create ...................................................................... 4058 HR 911-- Travis, Jill; commend ................................................................................ 4217 HR 912-- Stadnick, Desiree; commend ..................................................................... 4217 HR 913-- Pollack, David and David Greene; commend............................................ 4217 HR 914-- McFerrin, Coach Thomas "T"; commend ................................................. 4217 HR 915-- Lambert, Blanche Polite; condolences ...................................................... 4217 HR 916-- Blackburn, James E., Sr.; condolences ...................................................... 4217 HR 917-- McGee, Charles C.; commend................................................................... 4217 HR 918-- Wheeler, Rob; commend ........................................................................... 4218 HR 919-- Dyer, Watson Benjamin; condolences....................................................... 4218 HR 920-- Ross, Shirley; commend ............................................................................ 4218 HR 921-- Elliott, Beatrice; commend on 100th birthday........................................... 4218 HR 922-- Head, Myrtle Fitch; commend ................................................................... 4218 HR 923-- Barnhill, Ethan H.; commend .................................................................... 4218 HR 924-- Trull, Jeremiah Giles; commend................................................................ 4218 HR 925-- Haynes, Andrew Raymond; commend ...................................................... 4218 HR 926-- Hayes, Kenneth Eric Bryan; commend ..................................................... 4218 HR 927-- Barnhill, George F.; commend .................................................................. 4219 HR 928-- Sears, Joe; commend.................................................................................. 4219 HR 929-- Davis family; admire for courage; commend certain
services....................................................................................................... 4219 HR 930-- Claborn, Casey Benjamin; commend ........................................................ 4219 HR 931-- Gibson, Addie; commend .......................................................................... 4219 HR 932-- Jones, Dr. Olan; commend......................................................................... 4219

INDEX

4807

HR 933-- Walker, Candice; commend....................................................................... 4219 HR 934-- Hancock, Alice Jean; condolences ............................................................ 4219 HR 935-- Troutman, Joanna; commend..................................................................... 4219 HR 936-- Coleman, Robert C.; commend ................................................................. 4219 HR 937-- White-Bradley, Paula; commend............................................................... 4220 HR 938-- Stewart, John Thomas; commend.............................................................. 4220 HR 939-- Robinson, Jeffrey K.; commend ................................................................ 4220 HR 940-- Harwood, Rick; commend ......................................................................... 4220 HR 941-- Worley, Caleb; commend .......................................................................... 4220 HR 942-- Branch, Deion; commend .......................................................................... 4220 HR 943-- "Greensboro Four"; commend Franklin McCain, Joseph
McNeil, Jibreel Khazan, and the late David Richmond ............................ 4220 HR 944-- James, Jeremy B.; commend ..................................................................... 4220 HR 945-- Zechmann, Stephanie; commend............................................................... 4220 HR 946-- Winge, Revenal E.; condolences ............................................................... 4221 HR 947-- Roberts, Marjorie; commend ..................................................................... 4221 HR 948-- Georgia Superior Court Clerks' Cooperative Authority;
invite delegates to House ........................................................................... 4193 HR 949-- Joint Legislative and Congressional Redistricting Study
Committee; create ...................................................................................... 4058 HR 950-- Electoral college; elimination; urge Congress to study
amending Constitution............................................................................... 4058 HR 951-- House Higher Education Seamless Transition Study
Committee; create ...................................................................................... 4059 HR 952-- Adjournment; relative to.................................................................. 4447, 4516 HR 953-- Clark, James David Keane; commend....................................................... 4449 HR 954-- Ware County High School football team; commend................................. 4449 HR 955-- Fulford, William J.; commend................................................................... 4450 HR 956-- Daniels, Ella Fair; celebrate 102nd birthday ............................................. 4450 HR 957-- Ware County High School Varsity Competition
Cheerleaders; commend............................................................................. 4450 HR 958-- Dutton, Joe and Tracy; Dutton Estate Winery;
Sebastopol Vineyards; commend .............................................................. 4450 HR 959-- Georgia Job Corps Centers; commend ...................................................... 4450 HR 960-- Holmes, Priscilla Lee; commend ............................................................... 4450 HR 961-- Busbee, George Dekle; condolences ......................................................... 4450 HR 962-- National Sleep Awareness Week; recognize ............................................. 4451 HR 963-- Milton High School; express best wishes on new site............................... 4451 HR 964-- Patten, Edward, Sr.; condolences .............................................................. 4451 HR 965-- Culpepper, Travoris; commend ................................................................. 4451

4808

INDEX

HR 966-- Dobson, Jamey; Eagle Scout; commend ................................................... 4451 HR 967-- Currington, Billy; commend ...................................................................... 4451 HR 968-- Thompson, Albert W.; condolences .......................................................... 4451 HR 969-- Griffin, Brenda James; commend .............................................................. 4451 HR 970-- Sears, Joe; commend.................................................................................. 4452 HR 971-- Bacon County High School Red Raiders; commend................................. 4452 HR 972-- Cochran, Johnnie, Jr.; condolences............................................................ 4452 HR 973-- Edwards, Miles; commend ........................................................................ 4452 HR 974-- Sears, Joe; commend.................................................................................. 4452 HR 975-- Hite, Kent; commend................................................................................. 4452 HR 976-- Smirnov, Vladimir; commend ................................................................... 4452 HR 977-- Bacon County High School Red Raiders; commend................................. 4452 HR 978-- Karnik, Santosh; commend........................................................................ 4453 HR 979-- Dorminy, Billy; commend ......................................................................... 4453 HR 980-- Brooks, Lillie Mayweather; condolences .................................................. 4453 HR 981-- Segers, Jim; commend ............................................................................... 4453 HR 982-- Bramlett, Ashley; commend ...................................................................... 4453 HR 983-- Aaron, Thomas Dean; commend ............................................................... 4453 HR 984-- Hall County Sheriff's Office; commend .................................................... 4453 HR 985-- Millen Rotary Club; commend .................................................................. 4453 HR 986-- Enoch, Captain Terry L.; commend .......................................................... 4454 HR 987-- Boyd, Olin "Ben"; commend ..................................................................... 4454 HR 988-- Drinkard, Melanie; commend .................................................................... 4454 HR 989-- Wallace, Rusty; commend ......................................................................... 4454 HR 990-- Harden, Nehemiah; commend ................................................................... 4454 HR 991-- Birdsong, Representative Kenneth; commend .......................................... 4454 HR 992-- Atlanta Greek Orthodox Cathedral; recognize 100th
anniversary................................................................................................. 4454 HR 993-- Shah, Sarang; commend ............................................................................ 4454 HR 994-- Keep Smyrna Beautiful; commend............................................................ 4455 HR 995-- Scott, Harold Lee; commend ..................................................................... 4455 HR 996-- Ted's Montana Grill; commend ................................................................. 4455 HR 997-- Monument in Texas honoring memory of Georgia
Battalion; recognize ................................................................................... 4455 HR 998-- Starnes, Honorable Debi; commend .......................................................... 4455 HR 999-- Natural Resources Defense Council; commend ........................................ 4455 HR 1000-- Fowler, William "Dexter"; commend........................................................ 4455 HR 1001-- Barnhill, George F.; commend .................................................................. 4455 HR 1002-- Ware County Magnet School; commend................................................... 4456

INDEX

4809

HR 1003-- Clark, Evelyn; commend ........................................................................... 4456 HR 1004-- Medders, Ashley Wynn; commend ........................................................... 4456 HR 1005-- Beazer Homes; commend .......................................................................... 4456 HR 1006-- Bernes, Honorable Debra; commend......................................................... 4456 HR 1007-- Morris, Hannah; commend ........................................................................ 4456 HR 1008-- Walker, Betty Jean; commend ................................................................... 4456 HR 1009-- Boyd, Benjamin Olin "Ben"; commend .................................................... 4456 HR 1010-- Sullivan, Rebecca; commend..................................................................... 4457 HR 1011-- Martin, Mark; commend ............................................................................ 4457 HR 1012-- Burnes, Katie; commend............................................................................ 4457 HR 1013-- McNair, Allien; commend ......................................................................... 4457 HR 1014-- Ruth's Chris Steak House; commend......................................................... 4457 HR 1015-- Thompson, Shane and Shane's Rib Shack; commend ............................... 4457 HR 1016-- Huggins, Ashleigh; commend ................................................................... 4457 HR 1017-- Britt, Anthony (AJ); Eagle Scout; commend............................................. 4457 HR 1018-- Fibbe, Thomas; commend ......................................................................... 4458 HR 1019-- Kappa Alpha Psi Fraternity; recognize...................................................... 4458 HR 1020-- Edgeman, Jake; commend ......................................................................... 4458 HR 1021-- Pilgrim, Jennifer; commend....................................................................... 4458 HR 1022-- Kelly, Tony; commend .............................................................................. 4458 HR 1023-- Evans, Cody; commend ............................................................................. 4458 HR 1024-- Alcorn, Jamey; commend .......................................................................... 4458 HR 1025-- Perry, Jim; condolences ............................................................................. 4458 HR 1026-- King, Coretta Scott; commend .................................................................. 4458 HR 1027-- Hammett, Ken and Judy; commend........................................................... 4459 HR 1028-- Payne, Jacqueline; commend..................................................................... 4459 HR 1029-- University of Georgia 2004 Baseball Team and Head
Coach David Perno; commend .................................................................. 4459 HR 1030-- Davis, Orbie; commend on 105th birthday................................................ 4459 HR 1031-- West Georgia Braves Coed Cheerleading squad;
commend.................................................................................................... 4459 HR 1032-- Gillis, Senator Hugh; express appreciation ............................................... 4459 HR 1033-- Moore, Roy; commend; recognize as honorary citizen
of Georgia .................................................................................................. 4459 HR 1034-- Sears, Joe; commend.................................................................................. 4459

PART IV
SENATE BILLS IN HOUSE
SB 1-- Early Care/Learning; provide voluntary parent education services (PF)......................................................... 1787, 1801, 2332, 3014
SB 2-- Trial; jury panels in misdemeanor, felony, death; peremptory challenges (PF) ................................................... 2338, 2348, 2391
SB 3-- Torts; evidentiary matters, civil practice; revisions of provisions (PF).................................................................... 254, 294, 316, 317, 472, 564
SB 4-- Public Funds; balancing of federal/state funds; change provisions (PF)............................................................................ 662, 664, 807, 2703, 3136, 4516
SB 6-- Criminal Background Checks; authorize national exchange of information (PF) ............................................... 1449, 1452, 1774, 2599, 3228, 4516
SB 13-- Gift Card Integrity; unfair/deception in consumer transactions (PF) ................................................................... 1251, 1259, 1439, 3015, 4293, 4516
SB 15-- Gwinnett County; Redevelopment Powers Law; provide referendum (PF).................................................................... 1153, 1156, 1245, 2703, 2706
SB 19-- Class Actions; appellate procedures; limitations on certification (PF) ................................................................... 1787, 1801, 2332, 2598, 2971, 4517
SB 25-- Divorce; change time limit; effect on children; require education classes................................................................... 1251, 1259, 1439, 3324
SB 26-- Nuisances; treatment of agricultural facilities; definition............ 512, 514, 560 SB 27-- Private Military Vehicles; registration; implement
rules/regulations.................................................................... 2338, 2349, 2391, 2590
SB 28-- Commercial Drivers' Licenses; change certain definitions ............................................................................. 2338, 2349, 2391, 2590
SB 33-- Georgia Virtual School; authorize establishment; rules/regulations.................................................................. 206, 220, 238, 588, 685, 907

4812

INDEX

SB 34-- Ga. Master Teacher Program; Academic Coach Program; establishment; regulations................................... 219, 220, 238, 635, 931, 1023
SB 35-- Education; expenditure controls; charter schools; revisions of provisions .............................................................. 962, 964, 1010, 1142, 3324, 4517
SB 37-- Richmond Hill, City; ad valorem taxes; homestead exemption............................................................................ 189, 206, 218, 285, 286
SB 38-- Bryan County; ad valorem taxes; homestead exemption ............ 189, 207, 218
SB 39-- Bryan County School District; ad valorem taxes; educational purposes.................................................................... 190, 207, 218
SB 40-- Pembroke, City; ad valorem taxes; municipal purposes.............. 190, 207, 218
SB 41-- State Amphibian, Official; designate the green tree frog ........... 906, 907, 951, 2555, 2740
SB 42-- Social Circle, City; change corporate limits ....................... 239, 255, 284, 463, 468
SB 43-- HERO Scholarship; establish; application procedures; regulations............................................................................. 1787, 1802, 2332, 2589, 2737, 3048
SB 44-- Corrections; contracts with private detentions/diversion centers; regulations ................................................................ 1796, 1802, 2332
SB 46-- Mobile telephone service; publishing numbers; written consent of subscriber ................................................................ 962, 964, 1010, 2759, 3320, 4517
SB 48-- Renal Dialysis Advisory Council; revise; dialysis facilities; provisions............................................................ 293, 318, 341, 510, 1053
SB 49-- Annual Reports; General Assembly; notification of availability .......................................................................... 662, 665, 807, 914, 2414
SB 51-- Clinical Laboratories; technicians; provide degree of supervision ........................................................................ 294, 319, 341, 2689, 3508, 3906, 4162
SB 52-- Child Support; unreimbursed payment; provide negotiation, waiver............................................................ 513, 514, 561, 2589, 2718
SB 53-- Paternity; petition of legitimation of child; provide consent of mother/father ................................................... 513, 514, 561, 1442, 2633, 2788
SB 55-- Accountancy, Board; change composition; certification; provisions.......................................................................... 343, 344, 426, 1127, 2418

INDEX

4813

SB 56-- Tuberculosis Hospitalization; definition; confinement provision; revise.......................................................................... 427, 429, 462, 2588, 3217
SB 57-- Repeat Offenders; convicted of murder; punishment........... 2339, 2349, 2391, 2599, 3537
SB 58-- Street Gang Terrorism/Prevention; change/add certain definitions .................................................................................... 601, 602, 652
SB 62-- Georgia Slam Spam E-mail Act; deceptive commercial e-mail; criminal penalties...................................................... 1251, 1259, 1439, 1744, 2601, 3369
SB 68-- Real Estate Appraisers; change definitions; continuing education courses; prov ...................................................... 343, 344, 426, 566, 2555, 2719
SB 69-- License Plates, Special; Choose Life, Inc. provide issuance, renewal, fees........................................................... 1449, 1453, 1774
SB 80-- Sheriffs; qualifying; nonpartisan election................................. 962, 964, 1010, 2773
SB 81-- Patient Access to Eye Care Act; blindness education, screening, treatment .............................................................. 1788, 1802, 2332, 2589, 2735
SB 82-- Financial Institutions; supplement definitions; personnel policies ............................................................... 562, 565, 600, 827, 1052
SB 84-- Polls; change forms of identification.................................... 2339, 2350, 2391, 2773
SB 86-- Eminent Domain; limitation of public purposes; statutory construction; prov. .................................................. 1788, 1802, 2333
SB 87-- Georgia Seed Law; preempt certain local ordinances; exemptions .......................................................................... 428, 429, 462, 587, 813
SB 88-- Georgia Fertilizer Act; preempt certain local ordinances; exemptions....................................................... 428, 429, 462, 587, 814
SB 89-- Controlled Substances, Schedule I; definitions, exceptions; change provisions .................................................... 428, 430, 462, 1442, 2415
SB 90-- Ga. Smokefree Air Act; definitions; exceptions; violations; penalties .................................................................. 962, 965, 1010, 2588, 2979, 4518
SB 91-- Physically Impaired; audible access; authorize Public Service Comm.; funding ....................................................... 1153, 1157, 1245, 3015
SB 92-- Labor; provide training wages ..................................................... 513, 515, 561

4814

INDEX

SB 93-- Motor Vehicles; use of material covering license plates; prohibit.................................................................................. 1252, 1260, 1439, 2689, 3141, 3495, 4154
SB 94-- Child Custody Intrastate Jurisdiction Act; change certain provisions.................................................................. 2339, 2350, 2391, 2702, 3240
SB 95-- Soil Scientists Licensing Act; regulate practice of soil science................................................................................... 1021, 1024, 1065, 2600
SB 96-- Halal Foods; regulate; punishment for violations................. 2339, 2350, 2391, 2555
SB 97-- Juvenile Court Supervision Fees; used for truancy intervention services ................................................................... 428, 430, 462, 1143, 2416, 2616
SB 98-- Education; local boards; insurance/benefits; authorize expenditure of funds ............................................................. 1796, 1803, 2333, 2688, 3527
SB 99-- MARTA Act; code of ethics; conflict of interest; board members; provisions ................................................................... 662, 665, 807, 1233, 2565
SB 100-- Georgia Residential Mortgage Fraud Act; define offense; provide penalties ........................................................... 906, 907, 951, 1065, 2578, 2708
SB 103-- Athletic Associations; establish criteria according to student enrollment................................................................. 1450, 1453, 1774, 2598, 2814, 3238, 3284
SB 104-- Cobb County, State Court; compensation of solicitorgeneral; change provisions ......................................................... 470, 471, 510, 1775, 1785
SB 106-- Violent Video Game; display explanation of rating system; penalty ..................................................................... 2340, 2350, 2390, 2599, 4195, 4525
SB 107-- Developmental Highway System; additional route .................... 663, 665, 807, 1001, 2567, 2709
SB 109-- Pain Management Ad Hoc Advisory Committee; establish; membership; duties............................................... 1450, 1453, 1774, 1817, 2759
SB 110-- Georgia Massage Therapy Practice Act; create Georgia Board of Massage Therapy ......................................................... 663, 665, 807, 2600, 4419, 4518

INDEX

4815

SB 111-- Nuisances; animal establishment; immunity from civil/criminal action ............................................................... 1072, 1074, 1141
SB 112-- Georgia Long-Term Care Partnership Program Act; create ...................................................................................... 1252, 1260, 1439
SB 113-- Nonemergency Phone System; establish / operate "311"...... 2340, 2351, 2390
SB 114-- MARTA; use of sales proceeds for authority; extend provisions............................................................................... 2340, 2351, 2390
SB 115-- MARTA; reserve fund interest income used to pay operating cost; provision........................................................ 2340, 2351, 2390
SB 117-- License Plates; issued in or before 1970; authentic; authorize display ................................................................... 1788, 1803, 2333, 2590, 3420
SB 119-- Sponge Crabs; postpone dates of certain provisions ............ 1154, 1157, 1245, 2588, 2734
SB 121-- Tollway Authority; motorist identity, travel history; exempt record ............................................................................. 663, 666, 807, 1442, 2575, 2709
SB 122-- Tire Disposal; extend collection of fees ............................... 1156, 1260, 1439, 2599, 3425, 4518
SB 124-- Licensing Board for Residential/General Contractors; method of appointing ........................................................ 562, 565, 600, 1127, 2570
SB 125-- Economic Develop; state-wide tourism marketing; Music Hall of Fame Authority............................................ 601, 603, 652, 952, 1079, 1258
SB 126-- Special License Plate; promoting Georgia Center for Book; issuance, renewal ........................................................ 1789, 1803, 2333
SB 127-- Georgia Computer Security Act; definitions; deceptive acts; penalties........................................................................ 2340, 2351, 2390, 2563, 2774, 3497, 4518
SB 129-- Public Transit; unlawful to solicit/sell to operators/passengers; penalties................................................. 963, 965, 1010, 1233, 2564
SB 130-- Private Property; removal/storage of vehicles; churches exempt................................................................................... 1450, 1454, 1774, 3254
SB 132-- Wayne County; Board of Education; nonpartisan election................................................................................ 470, 471, 510, 653, 655, 831, 832, 953, 961, 990, 991

4816

INDEX

SB 133-- Fireworks; combustible compositions; prohibit sale to 16 year olds; penalty ......................................................... 810, 810, 827, 1127, 2622, 2713, 2967, 4519
SB 134-- Juvenile Justice; persons violate terms/ conditions of probation; change prov. ........................................................ 1252, 1261, 1439, 1774, 2571, 2709
SB 135-- Pretrial Proceedings; indictment for children; jurisdiction for Superior Court.............................................. 1797, 1804, 2333, 2599
SB 136-- Juvenile Proceedings; bail for delinquent children............... 1450, 1454, 1774, 2599
SB 137-- Towns County Commissioner's Office; board; reconstitute; revise; restate laws ................................................. 563, 565, 600, 3016, 3022, 3494, 4229
SB 138-- Cobb County-Marietta Water Authority; change membership, vacancy provisions................................................. 602, 603, 652
SB 139-- Torts; liquefied petroleum gas providers; limit liability/damages................................................................... 1451, 1454, 1774, 2690, 2975
SB 140-- Patient's Right to Independent Review Act; revise; add definitions; references........................................................... 1073, 1074, 1141, 1441, 2802, 3133, 3439, 3494, 3839, 4231, 4527
SB 141-- Gambling; prohibit pyramid promotional schemes; definitions; penalties ................................................................... 906, 908, 951, 1143, 2721
SB 142-- Plates, Prestige License; promote foundation of Atlanta Braves .................................................................................... 1789, 1804, 2333
SB 144-- Georgia Rural Development Council; create; elect officers at July meeting......................................................... 1021, 1024, 1065, 2598, 2896, 4525
SB 145-- Cosmetologists; define terms; qualifications; hair braiders/designers ................................................................. 2341, 2352, 2390, 2600, 4193
SB 146-- GBI; change director's title; Antiterrorism Task Force; change certain prov............................................................... 1022, 1025, 1065, 1442, 2628
SB 150-- Georgia Community Streetcar Development/ Revitalization Act; implement program ............................... 1253, 1261, 1439, 3493

INDEX

4817

SB 153-- Public Records; educational facilities; open to inspection as other agencies.................................................. 2341, 2352, 2390, 2702
SB 154-- State Agency/Officer; shall not accept/ utilize certain grants/funds............................................................................ 1797, 1804, 2333
SB 155-- Motor Vehicle Franchises; recreational vehicle dealers; purpose/policies .................................................................... 1253, 1261, 1439, 2589, 2724, 3048
SB 158-- State Space Management Act; repeal; transfer duties, powers................................................................................... 1154, 1157, 1245, 2601, 3394, 4519
SB 160-- Highways; dimensions/weight of vehicles/loads; signs; primary system; prov. ........................................................... 1253, 1262, 1439, 2602, 3530
SB 161-- Employees' Retirement; Housing/Finance Authority officer; payment to trustees................................................... 2341, 2352, 2390, 2601, 3533
SB 166-- Credit Life Insurance; delivery of policy; indebtedness incurred ................................................................................. 1254, 1262, 1439, 2589, 2722, 3049
SB 167-- Credit Life Insurance; notify of early payoff of indebtedness.......................................................................... 1254, 1262, 1439, 2589, 2814, 4519
SB 168-- License Plates; (NASCAR) logo; support Governor's Highway Safety Program...................................................... 1789, 1805, 2333, 2599, 3173, 3909, 4155
SB 173-- Physician's Assistant; temporary practice agreements; conditions/limitations............................................................ 1797, 1805, 2333, 2588, 2717
SB 174-- "Ga. Consumer Choice Benefits Health Insurance Plan Act"; add to health plans....................................................... 2341, 2353, 2390, 2589, 3551, 4520
SB 175-- Brady Law; regulations; comprehensive revision ................ 1797, 1805, 2333, 2599, 2965
SB 178-- Emergency Vehicles Equipment; restrictions to use blue lights; exceptions .................................................................. 2342, 2353, 2390, 2563, 2689, 2976, 4520
SB 185-- Gwinnett Judicial Circuit; salary supplements for judges; provisions ................................................................. 1154, 1158, 1245, 1775, 1786

4818

INDEX

SB 190-- Environmental Advisory; judicial review of contested cases; filing of petition.......................................................... 2342, 2353, 2390, 2599, 3134, 3212, 4520
SB 192-- Indemnification of emergency medical; define certain terms....................................................................................... 2342, 2354, 2390
SB 194-- County Levies; public accommodations; tourism/conventions; 5% tax rate .......................................... 1798, 1806, 2333
SB 195-- Georgia Museum Property Act; establish ownership loaned to museums/archives ................................................. 1254, 1263, 1439, 3254
SB 196-- Public Health; offenses; smoking on a bus while transporting children ............................................................ 1073, 1075, 1141, 2599
SB 197-- Powder Springs, City; increase homestead exemption; 65yrs/older; specify terms..................................................... 1254, 1263, 1439, 2556, 2558
SB 199-- Pharmacy, State Board; prescription drugs by mail; delete certain provisions ....................................................... 1073, 1075, 1141, 3014
SB 201-- Deer Management Act; change certain provisions................ 1789, 1806, 2333
SB 203-- Public Defenders; indigent defense services; attorney's fees/cost recovered................................................................ 1798, 1806, 2333, 2563, 2589, 3154, 3495, 4166, 4212, 4222, 4448
SB 204-- Health Records; provide electronic format; conditions; legal rights; copies ................................................................ 1255, 1263, 1439, 2702, 3531, 4520
SB 206-- Hunting Wildlife; season/bag limits; weapons; change provisions.............................................................................. 1790, 1806, 2333, 2688, 3417, 3494, 4149
SB 208-- Central Registry for Traumatic Brain/ Spinal Injuries; create state-wide ................................................................... 1255, 1264, 1439, 2689
SB 209-- Public Service Commission; change time period for issuance; gas supply plan...................................................... 1155, 1158, 1245, 2690
SB 210-- Public Service Commission; superior court filing; provide venue, judgement..................................................... 1155, 1158, 1245, 2690

INDEX

4819

SB 216-- Public Libraries; delete references; State Law Library ........ 1451, 1455, 1774, 3015
SB 217-- Life Settlements Act; protect contractual/ property rights of policy owner ........................................................... 2343, 2354, 2390, 2589, 2797
SB 219-- Norcross, City; change corporate limits ............................... 2760, 2792, 3013, 3537, 3852
SB 220-- Rabun County Convention/Visitors Bureau Authority; create ..................................................................................... 1790, 1807, 2333, 2391, 2399, 2709
SB 224-- Ga. Athletic/Entertainment Commission; revise/clarify definitions; provision ............................................................ 1255, 1264, 1439, 2600, 3510, 4521
SB 225-- Insurers; loss reserves; liability insurance/ workers' compensation ........................................................................ 1798, 1807, 2333, 2589, 2738, 3004
SB 226-- Joshua's Law; create Georgia Driver's Education Commission .......................................................................... 1798, 1807, 2333, 3015, 4244, 4521
SB 227-- Ga. State Financing/Investment Commission; definitions; bonds; procedures.............................................. 1799, 1808, 2333, 2690, 3192, 3495, 4141, 4212, 4223, 4362, 4441
SB 230-- Consumer Reporting Agencies; notices of security breaches; definitions ............................................................. 1799, 1808, 2333, 2702, 3504, 3910, 3910, 4070, 4140, 4377, 4448
SB 231-- Transportation; design-build contracts; revise criteria ......... 1799, 1808, 2333, 2602
SB 233-- Clayton County State Court; provide salaries of judges........ 2760, 2792, 3013
SB 234-- License Plates; insurance coverage termination; ten-day period before fees................................................................... 2343, 2354, 2390
SB 235-- Douglas Judicial Circuit; district attorney; investigators powers................................................................................... 1790, 1809, 2333, 2703, 2707
SB 236-- State Employees Insurance; coverage for surviving dependents/spouse ................................................................ 2343, 2355, 2390, 2589
SB 238-- Torts; immunity from civil liability for non- profit organizations......................................................................... 1791, 1809, 2333, 3013

4820

INDEX

SB 239-- Plates, Prestige License; promote foundation of Atlanta Falcons ................................................................................... 1791, 1809, 2333
SB 246-- Buford, City; ad valorem taxes; homestead exemption; municipal purposes ............................................................... 1451, 1455, 1774, 3537, 3852
SB 247-- Buford, City; ad valorem taxes; 70yrs/older; homestead exemption.............................................................................. 1451, 1455, 1774, 3537, 3853
SB 253-- Certificate of Permanent Location; requirements; change provisions ................................................................. 1799, 1810, 2333, 2589
SB 254-- State Budgeting; comprehensive revision Senate/House Budget Office........................................................................ 1800, 1810, 2333, 2599, 4259, 4521
SB 255-- License Plates, Special; family member serving in military.................................................................................. 1791, 1810, 2333, 2689, 3361, 4522
SB 257-- License Plates, Special; supporting Georgia troops ............. 1791, 1811, 2333, 2689, 3365, 4522
SB 258-- Military Members on Duty; licenses; jury duty; exemptions/terminations....................................................... 2343, 2355, 2390, 3015, 4285, 4522
SB 259-- Firearms; discharging on Sunday; repeal provision ............. 2409, 2411, 2554, 2759, 3424
SB 260-- General Assembly; furnishing/approval of bonds; repeal provisions............................................................................... 2409, 2411, 2554
SB 264-- Pataula Circuit; superior courts; change certain terms ......... 2616, 2620, 2701, 3015
SB 267-- Disabled Persons; parking permits; provide annual renewal.................................................................................. 2344, 2356, 2390, 2602, 3431
SB 268-- Employees Insurance; continuation of health insurance; community service board....................................................... 2344, 2356, 2390
SB 269-- Pen Register; district attorney having jurisdiction; apply for/extend order..................................................................... 2344, 2356, 2390, 2599, 3534, 4523
SB 270-- Ga. Highway Authority; additional powers; publicprivate initiatives................................................................... 1800, 1811, 2333, 2602, 3537, 4523
SB 272-- Ryan Boslet Bill; school athletic policy; physical examination form.................................................................. 2345, 2356, 2390, 2688, 2963, 4523

INDEX

4821

SB 273-- Driver's Licenses; Class C; change definition ...................... 1800, 1811, 2333, 2590, 3421
SB 274-- Ga. Utility Facility Protection Act; sewer laterals; add provisions.............................................................................. 2345, 2357, 2390, 2690, 2878, 4524
SB 277-- Ga. Hazardous Site Reuse/Redevelopment; change provisions of definitions ....................................................... 2345, 2357, 2390, 2599, 3153
SB 282-- Legislative Services Committee; provisions abolish Leg. Budget Office ................................................................ 2345, 2357, 2390
SB 283-- Natural Resources, Dept.; deadhead logging operations; establish program.................................................................. 2346, 2358, 2391, 2599, 2798, 3050
SB 284-- Employees Health Benefits; create trust fund; community health; powers/duties ......................................... 2346, 2358, 2391, 2601, 3219, 4524
SB 285-- Trains; operation; signal whistles; lights; remove certain provisions................................................................... 2410, 2411, 2554
SB 286-- Employees; legislative branch; state merit system; optional coverage; repeal ....................................................... 2410, 2412, 2554
SB 287-- Permits; movie theaters/athletic events on Sundays; repeal provisions ................................................................... 2410, 2412, 2554, 2600, 3422
SB 290-- Leaf Tobacco; grading by Agriculture Marketing Service; alternatives.............................................................. 2410, 2412, 2554, 2555, 2739
SB 291-- Ad Valorem Taxation; tangible personal property located on airport; provisions ............................................... 2346, 2358, 2391, 2690, 3205, 4419
SB 295-- Jeff Davis County; Board of Commissioners; change description of districts........................................................... 3049, 3049, 3254, 3537, 4193, 4224, 4524
SB 297-- Probate Court Judge; Baldwin County; nonpartisan elections ................................................................................ 1792, 1812, 2333, 2775, 2779
SB 300-- Cobb County Board of Commissioners; chairperson compensation; provisions ..................................................... 2346, 2359, 2391, 3016, 3030
SB 308-- Georgia Firefighter Standards/Training Council; powers/functions................................................................... 2347, 2359, 2391, 2600, 2898

4822

INDEX

SB 309-- Thomasville, City of; filling vacancies on board of education; change method .................................................... 2616, 2621, 2701, 2775, 2779
SB 312-- Columbia County Board of Education; election of members; define certain terms............................................... 2347, 2359, 2391
SB 321-- Montgomery County; school district; alternate method of distribution for ed. ............................................................. 2760, 2792, 3013
SB 322-- Toombs County; school district; alternate method of distribution for education....................................................... 2760, 2792, 3013
SB 323-- Jeff Davis County; Board of Education; change description of education district............................................ 2761, 2793, 3013, 3255, 3257, 4524
SB 328-- DeKalb County Court Technology Fund; create; authorize imposition/collection ............................................ 2801, 2817, 3013, 3255, 3262
SB 333-- Walton County Water/Sewerage Authority; reconstitute; revise powers ................................................... 2629, 2712, 2773, 3016, 3030
SB 337-- Colbert, City; revise city charter; provide incorporation /boundaries; powers .............................................................. 2761, 2793, 3013, 3537, 3853
SB 338-- Clayton County State Court; solicitor- general; employment; compensation .................................................. 2761, 2793, 3013, 3537, 3853
SB 339-- Clayton County State Court; clerk; increase in compensation ........................................................................ 2761, 2794, 3013, 3537, 3854, 4524
SB 340-- Clayton County Superior Court; clerk; increase salary ........ 2762, 2794, 3013, 3255, 3262
SB 341-- Clayton Judicial Circuit; increase county supplement to state salary of judges............................................................. 2762, 2794, 3013, 3255, 3263
SB 342-- Clayton County Superior Court; sheriff compensation; change provisions ................................................................. 2762, 2795, 3013, 3255, 3263
SB 343-- Clayton County Probate Court; judges; change compensation ........................................................................ 2762, 2795, 3013, 3255, 3263, 4525
SB 345-- Clayton County; tax commissioner; change provisions of salary................................................................................. 2630, 2712, 2773, 3537, 3856

INDEX

4823

SB 350-- Rome, City of; authorized to exercise all powers under Redevelopment Powers Law ................................................ 2630, 2712, 2773, 3016, 3031
SB 351-- Athens-Clarke County State Court; charge technology fee; specify uses of fees ........................................................ 2763, 2795, 3013, 3255, 3264, 4525
SB 352-- Henry County; abolish board of elections; create elections/registrations, board ................................................. 2763, 2795, 3013
SB 354-- Dade County; create board of elections/ registration; powers/duties ........................................................................ 2801, 2817, 3013, 3255, 3266
SB 355-- Clayton Judicial Circuit; change amount of county supplement ............................................................................. 3360, 3433, 4059
SB 357-- Blythe, City of; removal/suspension of appointed officers; change provision..................................................... 2763, 2796, 3013, 3255, 3266
SB 358-- Baldwin County; homestead exemption; ad valorem taxes for county purposes ..................................................... 2801, 2817, 3013, 3255, 3266
SB 359-- Baldwin County School District; homestead exemption...... 2801, 2818, 3013, 3255, 3267
SB 363-- Floyd County Probate Court; office of judge; nonpartisan elections.............................................................. 3361, 3433, 4059

PART V
SENATE RESOLUTIONS IN HOUSE
SR 3-- Senate Convened; notify House of Representatives...................................... 73 SR 4-- General Assembly Convened; notify Governor ...................................... 73, 73 SR 13-- Joint Session; message from Governor.................................................... 80, 80 SR 19-- Adjournment 1/12; reconvene 1/24 ......................................................... 94, 95 SR 21-- Joint Early Learning Initiative Commission; create ............. 1023, 1025, 1065,
3014, 3305, 4526 SR 23-- Jasper Port Study Committee; creating............................. 907, 908, 951, 2598,
3307, 4526 SR 33-- Gwinnett University Center; approve creation of four-
year college ......................................................................... 428, 430, 462, 589, 2569
SR 44-- Vietnam Era Veterans; commend ........................................................ 206, 266 SR 54-- "Future of Georgia Forestry"; Joint Study Committee;
create ................................................................................... 513, 515, 561, 652, 2627, 2788
SR 67-- CA: Fishing/Hunting; managed by law/regulation..................... 664, 666, 807, 1126, 2637
SR 80-- Public Property; conveyance; grant utility easements; 7 counties ............................................................................. 513, 515, 561, 2601, 3370, 4526
SR 81-- Designate; J.G. McCalmon Highway; Carroll/Haralson counties ............................................................................. 602, 603, 652, 2602, 3309
SR 88-- Henry McNeal Turner Tribute Commission; creating ......... 2348, 2359, 2391, 2876, 3309, 3496, 4141, 4213, 4258, 4407, 4442
SR 124-- Towers, Admiral John Henry; honoring............................... 1792, 1812, 2333, 2774
SR 156-- Textile Industry; urge Committee on the Implementation of Textile Agreements to approve safeguard petitions ................................................................. 1792, 1812, 2333
SR 161-- Juvenile Law Commission; create ........................................ 1258, 1264, 1439, 2599, 3311, 4526
SR 280-- Designate; Thomas B. Darieng, Sr.; Highway; Bryan County................................................................................... 1792, 1812, 2333, 2703, 3317

4826

INDEX

SR 282-- John Lee Drake, Sr. Highway; dedicate ............................... 1792, 1812, 2333, 3139
SR 294-- Cervical Cancer Elimination Task Force; create .................. 1792, 1813, 2333, 2588, 3209
SR 298-- Emerging Communication Technologies Study Committee; create ................................................................. 1793, 1813, 2333, 2601, 3318
SR 304-- O'Neal, Ronnie; Georgia's troopers who have died in the line of duty; honoring ..................................................... 1793, 1813, 2333, 2703, 3318
SR 305-- Designate; Mack Mattingly Highway; Glynn County.......... 1793, 1813, 2333, 2703, 3318, 4526
SR 537-- "Living Will Week"; designate first week of April ......................... 3361, 3864